Discipline or Child Abuse?

In a recent CNN news article, a student reported that her substitute teacher taped her mouth shut, as well as other students. “We were talking too much.” The tape was so wide that breathing was difficult, causing fear in the young girl. Her father contacted her regular teacher, who contacted the school vice-principal. They notified state authorities and the local police and ultimately, the substitute teacher has been prohibited from working at that school pending investigation.

Is this an act of child abuse? Most child abuse occurs at home. A child is less likely to be abused in school than by someone in their family. The number of teachers who are abusive is extremely small. Everyone employed by a school is subject to a criminal background check. Teachers are expected to protect students and normally do so.

Child physical abuse is defined as an act which, regardless of intent, results in a non-accidental physical injury. Neglect is the failure to provide a child with basic needs of food, clothing, shelter, medical are, education, protection or supervision. Mental injury and emotional abuse involve a pattern of behavior that attacks the child’s emotional development and sense of self-worth. Sexual abuse is defined as the exploitation of a child or adolescent for the sexual gratification of a person responsible for the child’s health and safety.

This case example does not neatly fit the criteria of abuse or neglect as we’ve come to expect, however, the teacher’s actions were abusive, causing harm to the children. It was a dangerous act of restraint which could result in death perpetuated by a care giver. The act of taping their mouths far exceeded a disciplined correction.

In 2009, Arne Duncan, Secretary of Education, asked state school chiefs to submit their policies to him for review. He found the results troubling. Included were reports of teachers holding students face down for hours, gagging, them, leaving them in the dark, and preventing children from using the bathroom. Most of those policies involved children with disabilities.

Every school district needs to have a written policy for regarding the use of seclusion and restraints. Legislation was enacted to protect children from abuses within the school. Unfortunately, this recent case demonstrates that more needs to be accomplished.

Immediately report any suspicion of child abuse or neglect to the local police. Law enforcement has primary responsibility for investigating child abuse as a crime. DCFS (Department of Child and Family Services) has primary responsibility for intra-familial and institutional abuse investigations.