When a teacher insults children. The story of the struggle of parents and teachers

You can protect a child from attacks from a teacher not only with words, but also with lawful actions, by filing a complaint with law enforcement agencies or with an experienced lawyer.

Even without knowing the laws, any adult realizes that no teacher has the right to insult and humiliate a student. The legislation of the Russian Federation clearly establishes the rights of the child while attending school, which is regulated by the Federal Law “On Education in the Russian Federation.” The student must be protected from psychological pressure and physical aggression, cannot be subjected to humiliation and insults, and also has every right to a healthy life and peaceful learning.

In addition to the rights of the student, this law explains the responsibilities of the teacher, who must adhere to legal norms, show respect and comply with the rules of professional ethics. There should be no talk of verbal and corporal punishment even if the child behaves incorrectly and violates the rules of the educational institution.

In modern schools, violations of established norms occur quite often, which leads to conflict situations and legal disputes. What to do if a teacher humiliates and insults a student in front of the whole class, where to go and what measures to take? You can get an answer on a specific situation from experienced lawyers of our company, and also involve law enforcement agencies in the proceedings.

A scandal with a teacher, counter threats and insults, as well as assault and other “domestic” measures will be qualified as a violation of the laws of the Russian Federation and will lead to complex consequences.

Confirmation of the fact of illegal actions of the teacher

To be able to prove the fact that a teacher is insulting a student, it is necessary to understand the situation in as much detail as possible:

1. ask the child, check his story several times with different questions - if he gets confused, gets confused, reports contradictory information, then perhaps he is not telling the whole truth;
2. talk with classmates, parents of other students - eyewitness accounts will help confirm the student’s claim that he was insulted;

If the situation repeats itself repeatedly, you can ask the child to record it on a phone or recorder, but under no circumstances provoke the teacher into aggression.

You can also keep copies of written requests from the administration of the educational institution to confirm attempts to resolve the issue before trial.

Collective complaint against a teacher to the school principal

A collective appeal to the school principal can have a greater effect than an individual one. This is possible if they are oppressed for the interests of several children at once. It will be possible to file a collective complaint against a teacher if at least 3 parents agree to unite.

The document is drawn up according to standard rules, but differences from standard paper still exist. When filling out a collective complaint against a teacher, you need to state the current situation and the demands made not on your own behalf, but on behalf of the entire team. The document must also include the names of all parents who agreed to sign the letter. You can download a ready-made sample of a collective complaint here.

Appeal to court or other authorities regarding insults

Depending on the severity of the situation, the teacher’s actions may fall under Art. 5.61. on insult to personality in the Code of Administrative Offenses, Articles of the Criminal Code No. 119 (threats of harm to health, if the teacher threatened violence or physical punishment), 156 (cruelty to minors). Which particular one will be investigated depends on what specific actions the teacher committed. An administrative offense is considered to be an insult to a student, which was expressed in an indecent form, that is, if the teacher swore, used obscene language, insulted the personality and dignity of the student, then this can be regarded as an insult under this article.

What should the parents of a student who is being insulted do if the situation at school has not been resolved? In this case, you can file a complaint or statement:

1. to the police;
2. to court;
3. to the prosecutor's office.

To do this, in the statement or claim you need to indicate the defendant (this can be a teacher, as well as an educational institution), briefly describe the situation, expressing the essence of the claims. Where exactly to go should be decided depending on the situation. Ultimately, the case will be considered in court if the preliminary investigation confirms the violation of the rights of a minor. A detailed investigation will be carried out upon receipt of the application. The prosecutor's office and the police submit documents to the court after conducting an investigation. Witnesses may be called in court to reconstruct the details of what happened. Official representatives act on behalf of the student.

In order not to aggravate the situation, it is worth teaching the student to respond correctly and calmly when he is insulted or his rights are violated. It must be remembered that the teacher is also protected from insults and humiliation. Therefore, it should be calmly communicated that violation of ethical standards and individual rights is unacceptable and if illegal actions do not stop, parents will be forced to take action. The latter must also communicate correctly and non-aggressively with representatives of the educational institution, so as not to give rise to retaliatory accusations.

Further learning may be overshadowed after the process is completed. Therefore, before contacting the authorities investigating offenses, you should think about the consequences for the minor. It may be easier to solve the problem by transferring to another teacher or to another institution. In such cases, much depends on the human factor, the willingness of the administration and school staff to make contact and understand the problem.

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Dmitry Leonov

Work experience 15 years, specialization - housing, family, inheritance, land, criminal cases.

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How to write a complaint against a teacher to the school principal?

When making a complaint against a school teacher, a person must indicate the reasons for writing it and offer a way out of the current situation. The document does not have a legally established form. However, in practice, a standard structure has developed that is best adhered to. When filling out the application, it is recommended to follow the following rules:

1. In the upper right corner of a complaint against a school teacher, an appeal to the director of the institution is written, indicating his full name. Additionally, it is necessary to record the full name of the educational institution in the document.
2. The applicant must provide personal information. The paper must include your full name, residential address and date of birth. Additionally, you must indicate the details of the teacher against whom the complaint is being made.
3. The document should briefly outline the essence of the appeal. You should not express emotions and get personal. The complaint to the school teacher must be drawn up in an official business style. The applicant must write what exactly he is dissatisfied with, provide evidence of his innocence, and also set out demands and proposals for resolving the current situation.
4. Indicate what actions will be taken if the issue cannot be resolved. The presence of information in the document is mandatory.
5. Indicate the date the paper was drawn up and sign. Details are indicated at the end of the document.

A person can make a claim independently or use a ready-made sample, which can be downloaded here.

Claim for bias

A prejudiced attitude towards a child can also become a reason for filing a complaint against the teacher. You can contact the authorized bodies if a teacher finds fault with a child or lowers grades. However, parents must be clear that bias is indeed present. Initially, you should talk to the teacher yourself, and then file a complaint with the director. If the appeal is not useful, the documents must be sent to RONO. The complaint is filed in accordance with the classical rules. You can download a sample document here.

What does a complaint against a school teacher lead to?

Typically, a parental complaint against a school teacher leads to an inspection by the competent authorities. It can lead to the following results:

• the violation will not be detected and no action will be taken against the teacher;
• a non-serious violation will become a reason for a preventive conversation;
• a number of offenses will lead to disciplinary action;
• a serious violation will be a reason for dismissal from work or administrative liability;
• A threat to the life and health of a child may entail criminal liability.

Additional information
Sometimes a groundless accusation from parents can ruin a teacher's career. Therefore, it is worth making sure of the available information before immediately contacting the competent authorities.

Complaint against a teacher to the Department of Education

It is necessary to contact the Department of Education in a situation where a teacher gives grades that do not correspond to the child’s knowledge and uses incorrect educational methods. Having received the paper, employees of the Department of Education will study it and then conduct an inspection at the school.

A complaint sent to a government agency does not differ significantly from a similar paper sent to the educational institution itself. The only difference will be the address of the claim. The order and structure of the document remains the same. You can download a ready-made claim sample here.

Complaint to RONO against a school teacher

RONO is directly involved in the management of school institutions. Upon receiving a complaint, employees will conduct an inspection at the institution that appears in the document. The result of consideration of a complaint to the Regional Educational Institution against a school teacher may be:

• an explanatory conversation with the teacher who committed the violation;
• reprimand to the teacher;
• disciplinary action.

In extreme cases, the employee may be fired. The complaint is drawn up according to the classic model. It is written on an A4 sheet. The document can be filled out by hand or printed on a computer. The claim must indicate:

• the name of the institution;
• information about the person submitting the documents;
• the essence of the complaint;
• the name of the teacher who committed the violation;
• the requirements presented and references to regulatory legal acts confirming the applicant’s correctness;
• date of writing the application and signature.

You can download a ready-made complaint sample here.

What if the student is at fault?

We looked at several options for how parents can act if their child is insulted by a teacher. What if it's the other way around? The student insulted the teacher, what punishment will he suffer for this?

Several options for the development of the situation are possible:

• Independent problem resolution by the teacher.
• Appeal to parents.
• Appeal to the courts demanding compensation for moral damage.

Experienced teachers recommend dealing with the situation yourself. Children these days are such that they don’t give a damn about teachers. They are well aware of their rights, but they forget about their responsibilities.

The teacher can:

• Let the insult fall on deaf ears.
• Leave the bully after class and give him a moral beating.
• Turn the situation around in such a way that the student who allowed himself to offend the teacher looks for a way out of it.
• Boycott the student.
• Start underestimating.

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

Complaining to parents is not always beneficial. Today's children do not particularly value the work of teachers. Parents quickly take the side of their beloved children. If the teacher understands that the parents are adequate, you can call them to school for a conversation.

The court is a last resort. If there is no government for a child, he himself is constantly rude, his parents protect and support him, there is no point in going to the director. You just need to be prepared for the fact that you will have to leave your job after the trial.

Does a teacher have the right to insult and humiliate a student?

The task of each teacher is to provide students with comfortable learning conditions and provide the necessary knowledge.
However, at school, children may face humiliation, coming not only from their peers, but also from an adult. Even if a minor does not behave properly, the teacher does not have the right to stoop to insults, much less use physical force. The teacher has the authority to call parents to school or contact the authorities to influence the student's behavior. You can also have a disciplinary conversation with the student himself in a polite and respectful manner. However, insults are unacceptable, no matter what the situation.

If a minor is humiliated by an adult, parents must intervene immediately. You should definitely take action when this happens regularly. It is impossible not to react to the teacher’s unacceptable behavior, because a teenager may not only stop studying normally, but also lose self-confidence.

Teacher's responsibility

What should a teacher be like? Competent, kind and respectful towards their wards. In the old days there were such teachers. And now there are fewer and fewer of them. A teacher is capable of lashing out at a child because of a bad mood or humiliating him because of his appearance or unprepared homework.

If his guilt is proven, the teacher will be held accountable. What could it be like?

• Disciplinary. After a trial, the director or RONO has the right to dismiss a teacher who indulges in a boorish attitude towards children.
• Administrative. A harmful teacher will have to pay a certain amount for humiliating a student. From 10,000 to 30,000 rubles. This is an administrative fine for insulting the honor and dignity of a child.
• In addition, the parents of the victim have the right to demand compensation for moral damage in court. And its size is announced by them themselves in this case.