MalloryKeaton

http://abclocal.go.com/ktrk/news/sta...dlingsuit.html

Student Sues School For Paddling Her

By The Associated Press
(1/30/05 - SAN ANTONIO, TX) — When Jessica Serafin enrolled in a charter high school, her mother signed a form allowing administrators to paddle her as punishment.

But by the time a summer school principal paddled her last June, Serafin was already 18 and legally an adult. Now she's suing the School of Excellence in Education, San Antonio's largest charter school, alleging it was wrong for the principal to paddle an adult student without her consent. She says the beating she received for leaving campus to get breakfast was so severe she had to go to the emergency room.

The lawsuit was filed Jan. 10 in state district court. Last week, a notice was filed to move it to federal court. Although the lawsuit also alleges civil rights violations and negligence, a key element in the case is her age and the fact she didn't consent, her attorney said.

"This case is not about a crusade against corporal punishment," said Dan Hargove, her attorney. "It's not a crusade against charter schools. ... This case is about three adults holding down an adult female and beating her with a wooden paddle so bad that she ended up in the hospital."

The school's attorney, Jeff Gately, said the lawsuit "contains some blatant falsehoods." Gately said he and several school officials investigated the girl's account and found it to be without merit. The principal's attorney declined to comment, saying he didn't want to try the case in the media.

The School of Excellence in Education advocates an "old-school" approach to discipline. Uniforms must be tucked in, girls can wear only one pair of earrings, and boys must open doors and pull out chairs for their female peers. It is the only public school in Bexar County that paddles students. Serafin says the summer school principal, who is a named defendant in the lawsuit, hit her three or four times. She said she tried to block one of the blows and the paddle "smashed her hand."

"I started screaming because I thought he had broke my hand," she said. Serafin said she went to the hospital because she could hardly walk after school and her hand was severely swollen. Her hand was put in a cast at the emergency room. State law allows parents to spank their minor children if the parent "reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare." But the law does not allow parents to use force on children who are 18 or older, Hargove said.

Hargove contends the school was acting on behalf of Serafin's parents, and therefore, shouldn't have been allowed to paddle an adult student. But St. Mary's University law professor Gerald Reamey said another part of the law allows educators to use corporal punishment without age restrictions to "further the educational purpose or maintain discipline." Attorney Philip Marzec, who represents local school districts, said it is difficult for a plaintiff to prevail against a school district in a paddling lawsuit because they generally are immune from allegations of negligence relating to corporal punishment. But districts can be sued for civil rights violations, Marzec said. The plaintiff would have to show that a school policy or sanctioned practice led to the violation.

(Copyright 2005 by The Associated Press. All Rights Reserved.)

JW77

Hmm...I didn't know that they paddled people that were so far along.

- Jen -

ugh, on one hand, i see the point of punishment, cos she disobeyed school rules, but paddling ? especially on an 18yr old seems a bit much...

and the fact she was held down, that just seems really sick...

Lovesbitch

I understand that the parents can give permission for minors to be pattled (I don't agree with it but I understand that it is legal).

But she was a legal adult. Whether or not she is a student of the school they have no right to do that to a non-consenting adult. Her parents have no legal right to grant permission because she has the right to make her own choices now.

And the fact that she ended up in an emergency room with her hand bandaged only adds to that. If a parent had done that to their minor child than social services would have become involved.

TokyoNiGHTS

I'm usually against this stuff, but she's definetly got a case. The principal is probably a perv.

LittleMilkJug

I've got to agree with you on this. Spanking is Okish on a small child (but with a parents hand, not a teacher using wood) but 18? She should also due for the blow to her dignity. School of excellance? School of bigots and laws that are hundreds of years too old.

In Fair Verona

I would sue as well, that seems horribly wrong. I'm against corporal punishment in general, but it's even more unacceptable to do it to an eighteen year old girl instead of a first grader or something of the like. What she did would have deserved a detention not a paddling, does this man live in the eighteenth century or something?

Ambular

Definitely a good point.

And I agree also that, whether or not the principal is necessarily a "perv", it is definitely highly inappropriate to do that to an adult female .. There's something a little sadistic about that to me. I don't know, I am just uncomfortable at that thought. I'm sure she feels a little violated.

Cutiegrrl884

I would sue too. No one deserves that to happen to them, especially a woman who is 18. She must feel so weird now.

*Lauren

So did my school, but they never touched us!

No1important

Amazing how of all the civilized countries America still allows this archiac punishment. It is abuse/assault/sexual abuse no question about it. That principal should be thrown in jail.

Here where I live (BC) that policy of hitting kids in school was outlawed in 1973. You hit any kid in Canada now over 12 or under 3 you are in big trouble and if you hit a kid between 3-12 with anything but your hand and anywhere but the buttocks you are breaking the law.

Violence creates viloence and maybe thats why America has so much violent crime.

Lain

Jeez...every time I come to the news board, the news get more bizzare by the minute...nothing against it of course

I would definintyly sue all right. The fact that she is no longer a minior and is actually a legal adult...ARGH!! I can't say it. You guys ever noticed that the world is slowly...slowly turning to an amateur porn film...I don't know, it's my opinion though...

sum1

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Timeo

Why shouldn't it be a crusade against corporal punishment? It's like we live in the 19th Century or something.

mh67511

I disagree. I got spanked when I was young and I deserved it. I usually got spanked with my dads hand, but if I was really bad I got the wooden spoon. It taught me a good lesson. I don't think I got spanked after the age of 12, but there were a few times my dad pushed me up against the wall when I was talking back to my mom. Grabbed me really hard a few times but never punched me or beat me. I don't think there's anything wrong with it because I desereved it most of the time and I knew not to do that again.