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Education Law

: Edjurist

Again with the Duct Taping of Students to a Chair ... For the Love of God, STOP IT!

By Justin Bathon

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It is something of a quandary for educational law instructors ... this duct taping of students to chairs. 

Most of us teach intentional torts to our students and the easiest example of false imprisonment is always this example. So, when these stories come along we have a tendency to notice them. Scott McLeod noticed this one today, and sent over the link (video). And just like every other one of these stories it involves a student, a chair, and duct tape. Unbelievable. 

Here is the thing about torts, especially intentional torts, you don't have to be told these actions are wrong. You don't have to be told that it is a bad idea to hit a kid or to make fun of kid ... or to tape a kid to a chair. We all know it is wrong and all the educational law instructor's job is to give you that legal affirmation and some fancy new words like Intentional Infliction of Emotional Distress.

So, every time I teach false imprisonment to my students and I use this taping students to a chair example, the whole class sort of giggles. They can't reasonably believe that a teacher would do that to a student, and I can't blame them. It is crazy, right? And yet, these stories continue to emerge! In the year 2008, what in the hell would possess a teacher to do this? Are we going to have to pass a law banning duct tape within 100 yards of school buildings?

Seriously, STOP IT!

Full post as published by Edjurist on June 04, 2008 (boomark / email).

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