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Whose side is the law if the student insulted the teacher

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Let's be honest. Even elite schools are not insured from cases when a teacher insults, humiliates and even (!) Raises a hand on a student. How to be in this case? What laws are violated and what measures are permissible for such teachers?

Legal aspect

On the face of, violation of Article 152 of the Civil Code of the Russian Federation on the “protection of honor and dignity”, you have the right to demand compensation, at least moral harm. If you prove the fact of insult: recording from a dictaphone, testimony of witnesses, etc.

If there has been a spread of false, defamatory information, then the teacher can be blamed under article 128.1 of the Criminal Code of the Russian Federation “Slander”. Punishment in the form of a fine of up to 500 thousand rubles (article is not provided for imprisonment).

An insult expressed for the entire class may fall under paragraph 2 of the same article, and be punished with a much more serious fine of 1 million rubles or compulsory work for up to 240 hours. (with sufficient evidence)

BUT! The practice is such that neither according to 152 of the Civil Code of the Russian Federation, nor according to 128.1.

What if a teacher insults and beats a student?

The Criminal Code does not punish the teacher. Usually, he is charged with article 5.61 of the CAO RF “on insulting a person” and symbolic punishment in the form of a couple thousand rubles.

How to be?

To solve the problem of humiliation in school in the following ways:

  1. Transfer to another class or even change the school.
  2. Get together with other parents and write a joint complaint to the prosecutor's office (in free form)
  3. Talk to the director. Very often the school decides to “part” with the teacher when it sees that the parents are serious.

Think about the reasons.

We do not condone the teachers, moreover, the child of the author of this article himself recently went to the first class. But! Teachers have low wages, they are often forced to work non-core (to paint school desks, wash floors, etc.), and the students themselves are far from gifts: it is not uncommon that they are provocateurs, rude, rude, do not learn homework and disrupt lessons. If in these circumstances the teacher only raised his voice, is he to blame for this?

See also: Problems at school

Additionally, we inform that in accordance with clause 7 of part 3 of article 44 of the Federal Law, students and their parents (legal representatives) have the right to participate in the management of an educational organization through the activities of the governing council, pedagogical council, student council, parents council (legal representatives) in the form defined bylaws of this organization. Participants in educational relations are entitled to raise questions regarding the organization and implementation of educational activities before teachers and the administration of an educational organization. "

  • wella, Feb 27, 2018 at 4:21 pm Anna, your question is answered in a letter from the Ministry of Education, which we received in response to similar complaints from parents and published a little higher. You can easily apply for protection according to the algorithm described in this answer. Dear parents.

Teacher humiliates students

Info

Such a commission should be collected at each school and consider received appeals. An appeal can be sent on behalf of both students and parents. The structure of the commission must necessarily include parents.

Step Four. Appeal to the court, the prosecutor’s office, the police, the education monitoring inspectorate can follow both after the disciplinary proceedings, and in cases where no disciplinary proceedings were conducted or during these proceedings, the behavior of the teacher described by you was not established. If the situation is not rectified, the parent may raise the question of transferring the child to another class or to another teacher. The order of transfer and other organizational issues related to the activities of the school should be reflected in the Charter of the educational institution.

Teacher Responsibility for Insulting a Student

I ask you to understand this situation and take measures to the teacher of such and such. If it does not help in the DNA, then the last instance - the prosecutor's office. First local, then General. But it may happen that all the negative actions of the teacher will turn out to be just fictions of the child.

I would like to wish all parents that they do not reach such situations, and studying at school brought only joy to your children. ABC of education wella, 24 Nov 2017 at 09:24 Dear parents.

What if the teacher offends the child?

In addition, on the basis of Part 7 of Article 28 of the Federal Law, an educational organization is responsible in accordance with the procedure established by the legislation of the Russian Federation for the quality of education of its graduates. On the basis of clause 1 of Part 1 of Article 43 of the Federal Law, students are obliged to conscientiously master the educational program, implement an individual curriculum, including attend training sessions provided for by the curriculum or individual curriculum; tiyam, perform tasks, data teaching staff in the educational program. In accordance with Parts 4 and 6 of Article 44 of the Federal Law, parents (legal representatives) of underage students must ensure that children receive general education.

Whose side is the law if the student insulted the teacher

What should parents of an insulted student do if the situation in school has not been resolved? In this case, you can make a complaint or statement:

To do this, the defendant must be indicated in the application or the lawsuit (this may be the teacher, as well as the educational institution), briefly describe the situation, expressing the essence of the claims. Where to go, you should decide depending on the situation. Ultimately, the case will be considered in court if the preliminary investigation confirms the violation of the rights of the minor. A detailed investigation will be conducted upon receipt of the application. The prosecutor's office and the police pass the documents to the court, making an investigation. In court, they can call witnesses to restore the details of what happened.


On behalf of the student speak his official representatives.

What to do if your child is offended by a teacher

At the same time, the Department informs that, in accordance with Article 45 of the Constitution of the Russian Federation, everyone has the right to protect their rights and freedoms by all means not prohibited by law. Consequently, if the child’s right to open general education is violated, his parents (legal representatives) may defend this right in civil proceedings or turn to the Prosecutor’s Office of the Russian Federation as a single federal centralized system of bodies exercising on behalf of the Russian Federation overseeing compliance with the Constitution of the Russian Federation and the execution of laws in force on the territory of the Russian Federation (Article 1, Federal Law of January 17, 1992 N2202-1 “On the Prosecutor’s Office of Federation).

What if a teacher insults a student in an entire class?

Attention

What can an offended teacher do? To inform the parents of the child about the incident, as well as the school management. Do not try to solve the problem one by one. We must try to collectively understand what happened. You can collect about this pedagogical advice. As a result, the student must ask for forgiveness from the teacher.

If this is not an isolated case of this kind, it is possible that more attention should be paid to this child. Maybe there is a need for psychologists and social educators to work with the child. After all, if you do not stop this behavior in the initial stage, further developments can be completely unpredictable.
These are the most frequently used and, at the same time, quite loyal methods of influence. If the situation is not very neglected, they may well help to correct the situation.

What if a teacher insults a student

If you are a student who insulted or rude to the teacher, then you need to guess that it is better to apologize, otherwise all study will derail at this teacher and you will not see good grades as your own ears.

First, calmly respond. The teacher should not lose the authority of the students under any circumstances. Therefore, to show emotions will be unacceptable.

It is necessary to listen to everything calmly, and then explain that the student crossed the border and broke the rules, for which he will be punished. And take to the director.

The student will have to apologize to the teacher in the presence of the whole class and be punished, for example, deprived of the opportunity to go to the school disco.

What is a personal insult

First, a little theory. What is a personal insult? These are actions of one person in relation to another, which humiliate a person, insult his honor and dignity.

Insult can be expressed orally. That is, these are different offensive words and phrases, obscene language. Also, a personal insult can be expressed in the form of obscene gestures, slaps and spits. An insult can be as personal, that is, face to face, or it can be public when there are witnesses to the humiliation.

Currently, for a personal insult you can bring the perpetrator to administrative responsibility. The penalty in this case will be a fine. But this all applies to adult citizens of full age. If we talk about the school, then according to the law, it is quite possible to make the teacher responsible for insulting a student. You can easily find parents who enjoyed this right.

But the opposite situation is also possible. A student insults a teacher. Silence and pretend that nothing is happening, in this case, too, is impossible. You need to know the legal methods of influence on the child. Otherwise, instead of restoring justice, you can go to court yourself.

What does the law say

In schools, it is often possible to meet cruel and aggressive children. As a rule, they grow up in dysfunctional families and have big flaws in their upbringing. Such children often become a real headache for both classmates and teachers.

They allow themselves not only cruel treatment of their peers, but they may well take such an unacceptable step as insulting a teacher.

Previously, an insult was considered a criminal offense. Now there is no such article in the Criminal Code. Punishment for offensive actions is provided for in the Code of Administrative Offenses. That is, for such a crime a fine is imposed. That's just the effect of the Code does not apply to minors.

Thus, if the insult is so serious that the teacher wants to punish the offender, it is not possible to do this through the courts. Even if a statement is written to the court or to the prosecutor’s office, the judge will reject it as against the law.

The only thing you can try to do is to file a lawsuit demanding compensation for moral damage from the parents of the offending student.

What can be done

What to do in a situation if a student insults and humiliates a teacher? How to act in a similar situation? Of course, the most important thing is not to stoop to the level of the offender and try to take revenge on his own methods. No need to insult the student in response. Because, as mentioned above, the student leaves responsibility, but the teacher can get the full program.

What can an offended teacher do? To inform the parents of the child about the incident, as well as the school management. Do not try to solve the problem one by one. We must try to collectively understand what happened. You can collect about this pedagogical advice. As a result, the student must ask for forgiveness from the teacher.

If this is not an isolated case of this kind, it is possible that more attention should be paid to this child. Maybe there is a need for psychologists and social educators to work with the child. After all, if you do not stop this behavior in the initial stage, further developments can be completely unpredictable.

These are the most frequently used and, at the same time, quite loyal methods of influence. If the situation is not very neglected, they may well help to correct the situation.

And here features bankruptcy CBM.

Juvenile Affairs Commission

And if the methods described above failed? Or are the circumstances of the insult so serious that the teacher certainly wants to achieve justice? The teacher has the right to apply to the Commission on Juvenile Affairs.

It is a permanent body in each region. Its main function is to protect the rights of children and prevent the development of crime.

So, if a minor committed a misdemeanor, which is considered as an administrative offense, this is a weighty reason to appeal to the KDN. A personal insult is precisely related to such violations.

When the Commission received a complaint, its staff must understand what happened. It is necessary to form an objective picture of what happened. And if the reason is enough, then the disadvantaged child will be registered.

Of course, if the student’s guilt is not proven or it was an isolated case, no one will register anyone. But if the child regularly commits illegal actions, he has a dysfunctional family, then most likely the KDN will make a decision not in favor of the student.

Registration is a serious reason for the student to think about his behavior, because now all his actions will be under scrutiny. And perhaps he will be on the path of correction. And the thirst for justice of the teacher will be satisfied.

Conclusion

Of course, it is difficult to imagine a situation where students dare to insult the teacher. After all, this is contrary to all ethical rules. But this, unfortunately, happens. The main thing for a teacher in this situation is to act as competently as possible. So as not to drop their dignity, and try to help the student to go the wrong way.

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Where to turn in case of insult at school: student apprentice

At the same time, the Department informs that, in accordance with Article 45 of the Constitution of the Russian Federation, everyone has the right to protect their rights and freedoms by all means not prohibited by law. Consequently, if the child’s right to open general education is violated, his parents (legal representatives) may defend this right in civil proceedings or turn to the Prosecutor’s Office of the Russian Federation as a single federal centralized system of bodies exercising on behalf of the Russian Federation overseeing compliance with the Constitution of the Russian Federation and the execution of laws in force on the territory of the Russian Federation (Article 1, Federal Law of January 17, 1992 N2202-1 “On the Prosecutor’s Office of Federation).

The procedure for bringing to justice the teacher for insulting a student

It doesn't matter who the teacher is, the coach or the ordinary teacher. In any case, he does not have the right to humiliate a minor. Attraction to disciplinary responsibility. Contact the school administration. The teacher can be reprimanded and even dismissed. Punishment of the perpetrator under the article for insulting the person.

An individual must pay a fine of up to three thousand rubles, and the official will be fined up to 30,000 rubles. Compensation for moral damage.

For this, the parent must file a claim and file a claim form for damages.

Only in court can you ask for compensation from the teacher and from the school. If the teacher is not punished under the article, his behavior will change.

Sound isolation and detachment can force the teacher to persistently involve the student in the performance of tasks.

If you have a relationship of trust and friendship in your family, you need to ask what was the reason for bullying your child at school. Usually in such a situation, children immediately tell what happened, seeking protection from their parents.

What if a teacher insults a student in an entire class

Such an approach to the educational / educational process is non-pedagogical and requires certain measures on the part of parents and higher management.

Protecting a student from teacher’s attacks can be done in several ways - from official appeal to the dispute resolution commission to legal proceedings with moral damages. A parent may request to conduct a disciplinary proceeding, as a result of which the teacher can be dismissed and brought to justice.

The main thing is to prove that the teacher’s actions were aimed at humiliating / insulting the student’s personality. Куда жаловаться и что предпринять, если учитель обзывает и оскорбляет ребенка: проблему можно решить миром, ограничившись разговором с учителем, но без угроз и повышенного тона, если мировое соглашение не достигнуто, а нападки со стороны педагога продолжаются, то следует написать заявление директору школы (индивидуально или коллективно от нескольких учащихся), одновременно с обращением к директору можно подать такой же документ в Комиссию по урегулированию конфликтов в учебном заведении.

Что делать, если учитель оскорбляет или бьет ученика

An unpleasant situation can last for months and most often only worsens.

Unfortunately, there are times when it comes to battering.

Discuss conflict with a child

© After the child says that the teacher offends him, parents need to seriously talk with the child, as well as with his classmates. The fact is that children often fantasize in order to cover up their ignorance of the subject.

In addition, you can give the child a tape recorder or ask one of his classmates to record another conflict so that you can properly understand the situation.

School passions of your children: if the teacher is offended.

One of the most common examples of “shameful punishment” is to make a child stand the whole lesson, humiliating him every minute before the class with caustic remarks and mockery.

Even worse, when a brute teacher is a man. It happens that the pointers are broken on the heads of children, beaten to the bruises.

The hand is heavy. But let's listen to the teachers.

“Sometimes children themselves go beyond the limits and deliberately provoke teachers, understanding that the teacher will not be able to punish them really,” said Walida Khanum, a teacher of mathematics. - I never allowed myself to insult or use force against any student for my teaching practice, but sometimes the students themselves put the teacher in an awkward position, to the point that parents come to school and find out why I supposedly allow myself to insult students. Walida khanum complains about today's schoolchildren, says that in Soviet times, children behaved differently.

Federal Law "On Education"

There is a law "On Education". In particular, article 48 states that the teacher must respect his students. Respect their honor and dignity.

There is another article, at number 34, which states: the student has the right to protection from mental violence, personal abuse. He also has the right to respect for his dignity.

What if a teacher insults a student? What kind of dignity can we talk about?

What is an insult?

One must be able to separate the wheat from the chaff. If the teacher, when communicating with the child in person, threw something like “what are you, stupid, something” - this is not an insult. Insult is publicly humiliated dignity. For example, a child walks with glasses. And the teacher with the whole class makes fun of him. Then it can be considered an insult to dignity.

What if a teacher insults a student? Because of the appearance, poorly mastered material or the wrong answer? In this case, parents must intervene.

But do not rush to run to school with threats and shouts, as many parents like to do. Teachers begin to threaten all possible punishments. As a result, only worse than a child.

First, find out if the teacher behaves this way with all the children? Or just your "lucky". Make it easy if you communicate with parents from the class. Ask them if the children are complaining about the teacher’s behavior. You can also ask a question to your child. They say that the teacher only finds fault with you or scolds the others. If the son calls the names of classmates who also get from the tactless teacher, do not be lazy to contact their parents and talk about this topic.

Does the teacher have the right to insult the student? No, of course not. But for some reason this is often forgotten, and the child is humiliated with impunity in the presence of the whole class. After parents collect the necessary information, you can go to the teacher.

Just do not swear, just entering the office. Be polite, but firm. Report that you heard about the humiliation of the child. And you know that not only your son or daughter suffers. You want to talk on this topic.

Very often, the teacher lacks such a "preventive conversation." And what if it does not help? About this below.

And we rely on the law

What if a teacher insults a student? The parents of the latter, according to article 45 of the Law on Education, have the full right to protect their children. Up to bringing the teacher to disciplinary responsibility, including dismissal. Parents are also entitled to claim moral damages from the teacher.

We write a complaint

The complaint to the teacher is written in the name of the director. This is the very first step in protecting your child. Before contacting the relevant authorities, inform the principal of the misconduct of the teacher.

In your address, list in detail all the facts testifying to the violation of the rights of the child regarding respect for honor and dignity. And ask to take action against the teacher.

Just be careful: the teacher can expose the situation in such a way that your offspring will be a slanderer. And your message will be nothing but a hex on the teacher.

Ideal - a collective complaint against the teacher. The more parents sign it, the higher the likelihood that an unscrupulous teacher will be held accountable.

The trial is given thirty days. During this time, the director conducts an internal investigation and gives parents a written response.

The appeal is made in two copies. One is registered and sent to the director for consideration, and the second is marked on the incoming number of the complaint with the date of its submission. Who should do this? Of course, the secretary of the school.

We appeal to RONO (DNA)

There will attract teachers accountable for insulting the students. Parents write a statement to the RONO or DNA. This organization has different names in different cities. If the child is old enough (grade 8 and older), he can write a complaint on his own behalf. Thus, the parents will complain and the student.

We draw your attention to the fact that an appeal to the RONO is written in the event that the director has let everything go to chance. The teacher who violates the rights of the child and the director who has closed his eyes to the situation will be brought to justice. The case may come to dismissal.

Court or prosecutor's office

If the proceedings against the teacher did not reveal any violations in his behavior, and the children continue to complain, there is nothing left but to go to court. Or complain to the prosecutor. Only it is necessary to take into account that there is not enough of one statement. Looking for stronger evidence. What could it be?

Audio recording, which is heard as the teacher humiliates the student or students. All can be recorded on the recorder secretly from the teacher.

Videotape. Remove the video imperceptibly fail. And a child who is being humiliated will not have time to do this. He can be helped by classmates. Is the teacher starting to humiliate? Someone is shooting this on video.

If the teacher insults the student, the article for him "shines." This is an administrative offense, no less. But only if the victim provides solid evidence.

Teacher responsibility

What should be the teacher? Literate, kind and respectful to their wards. In former times there were such teachers. And now they are becoming less and less. The teacher is able to break on a child because of a bad mood or humiliate him because of his appearance or unprepared homework.

In the event that his guilt is proven, the teacher will be responsible. What could she be?

Disciplinary. The director or RONO after the trial has the right to dismiss the teacher, allowing himself boorish attitude towards children.

Administrative. Harmful teacher will have to pay a certain amount for the humiliation of the student. From 10,000 to 30,000 rubles. This is an administrative penalty for insulting the honor and dignity of a child.

In addition, the victim’s parents are entitled to claim moral damages in court. And its size is voiced by them in this case.

And if the student is to blame?

We considered several options for how parents can act in the event of an insult to their child by the teacher. And if the opposite is true? The student insulted the teacher, what punishment would he incur for it?

There are several options for the development of the situation:

Independent resolution of the problem by the teacher.

Appeal to parents.

Appeal to the courts for compensation for moral damage.

Experienced teachers recommend independently deal with the situation. Modern children are such that teachers and do not give a dime. They know well their rights, only they forget about their duties.

Skip the insult past the ears.

Leave the bully after the lesson and ask him a moral bashing.

Wrap up the situation in such a way that the student who allowed himself to insult the teacher, looking for a way out of it.

Declare a boycott to the student.

Start underestimating.

The last moment is not one of the best. But sometimes the teacher has no other way. For example, a child is very arrogant. But he studies well, and the teacher knows that he is scolded for bad grades. Earned "four"? Put three. If you want, you can find fault with everything.

A complaint to parents does not always benefit. Current children do not particularly appreciate the work of teachers. Parents quickly side with their beloved children. If the teacher understands that the parents are adequate, you can call them to school to talk.

The court is already in the most extreme case. If there is no government for a child, he himself is constantly rude, his parents protect and support him, it’s pointless to go to the director. You just have to be prepared for the fact that you will have to leave work after the proceedings.

Rights and obligations of participants in the educational process

According to Article 34 of the Federal Law "On Education in the Russian Federation", each student has the right to be surrounded by his dignity. The same applies to protection from various forms of physical, psychological violence, abuse, health and protection of life.

Another article of the same law deals with the duties of a teacher. They include the observance of legal, moral, ethical norms. He must fully comply with the requirements of professional ethics, respect the students, namely their honor, dignity. No exception are other participants in the educational process.

Attention! Shouting, raising a hand against children, insulting their dignity, publicly humiliating, punishing, using inhumane means - the teacher does not have all these rights. If there is a disciplinary violation, then the teacher must be guided in decision-making by the school charter. Similar issues are resolved with parents, the administration of the school.

What should be the actions of a parent whose child has been insulted?

One of the main ways to protect the interests of their own children is by sending parents an official appeal to the bodies that control the work of the educational institution; this can also be a dispute resolution commission. Parents have the right to request detailed disciplinary proceedings aimed at the teacher. According to its results, an employee of an educational institution can be brought to disciplinary responsibility and even dismissed. It is envisaged that the injured party may apply to the court with a request to compensate for moral damage, in this case it would not be superfluous to contact a lawyer.

Any parent has the right to demand termination by the teacher, violating the rights of the child. What kind of measures will be taken depends on the personal characteristics of the teacher, the director and the general situation in the educational institution. Equally important is the extent to which it is possible to prove the fact of the implementation of degrading actions, statements that offend the student’s personality.

What can be done?

  1. Do not disregard the complaints of your child that he is being offended by the teacher. If the abuser is ready for dialogue, you can try to solve the problem peacefully, limiting yourself to a personal conversation. Try to convey to the employee of the educational institution that your child is not used to such treatment. It is necessary to emphasize that such actions on the part of the teacher are simply unacceptable.
  2. If a personal conversation did not produce results, you can proceed to the second way to influence the situation - write a statement addressed to the director. It can be compiled individually or collectively. In your appeal, be sure to list the facts, circumstances that, in your opinion, violate the child’s legitimate rights to respect his honor and dignity. Do not forget to ask for the adoption of appropriate measures, in some situations it is appropriate to discipline the teacher for insulting a student.
  3. You can send an application to the Commission for the settlement of conflicts between participants in the educational process. The initiators of the appeal can be both parents and students themselves. But! The commission must be parents. So that the complaint is not perceived as a slander, if possible, involve other parents from your class - the director simply cannot ignore such a statement.
  4. The most extreme measure is to bring a claim to the court, law enforcement agencies, the prosecutor's office or the inspection that oversees the process of education. It does not interfere with the assistance of an experienced lawyer.

Important! If none of the above ways to remedy the situation failed, then it is worth thinking about transferring a student to another class or school. It is necessary to be guided by the Charter of a general educational institution, it clearly describes the procedure for transferring a child to another school.

Implications for teacher violation

Provided that the facts of unprofessional and unethical behavior are still established, the teacher is brought to disciplinary responsibility, and in some situations even retires. If you correctly approach the solution of this problem, namely, to turn to a professional lawyer, you can achieve attracting the offender not only administrative, but also criminal liability. Violation of the rights of the child for the teacher may result in the imposition of an administrative fine in the amount of 1-3 thousand rubles. When you go to court, you can get moral damages.

If you are faced with the fact that your child is being hurt at school, and even a teacher, you don’t need to be silent about it. Without eliminating the problem immediately, other children may suffer. When contacting the prosecutor's office, which is done as a last resort, a statement is written, which indicates the most detailed information about the offense, be prepared for the fact that you will be interviewed on the case. Based on the results of the preliminary check, a decision may be made on opening an administrative case. The next step is the implementation of a more detailed investigation by the prosecutor's office, it can last about a year (deadline). When the evidence base is collected, the case is sent to the court so that no mistakes are made, it is recommended to contact a lawyer. If everything is done correctly, the case will be considered in one sitting, and the verdict will satisfy you as a plaintiff.

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