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Sanity has prevailed. SLO County teacher won’t be prosecuted over student’s paper cut | Opinion

A teacher at Mesa Middle School in San Luis Obispo County will not be prosecuted for child abuse for allegedly causing a student’s minor scratches and a paper cut.
A teacher at Mesa Middle School in San Luis Obispo County will not be prosecuted for child abuse for allegedly causing a student’s minor scratches and a paper cut. The Tribune

No charges will be filed against a San Luis Obispo County middle school teacher accused of inflicting injuries — including a paper cut — on one of her students.

But that’s hardly a happy ending.

The 42-year-old teacher at Mesa Middle School in Arroyo Grande was arrested, booked into County Jail, forced to post $50,000 bail, placed on administrative leave, threatened with a felony charge and publicly embarrassed.

For what?

So Sheriff Ian Parkinson could earn kudos for protecting children?

That didn’t happen.

Instead, the sheriff looked like a bully who strong-armed a dedicated teacher trying to deal with an uncooperative student.

Reports that the student is the child of a SLO County deputy made the case look even more sketchy.

The Sheriff’s Office had little to say following the announcement on Wednesday that the district attorney would not be pursuing a criminal case.

“The Sheriff’s Office made a lawful arrest based on the circumstances of the situation at that time ...” was the sheriff’s emailed response to questions from The Tribune Editorial Board. “The District Attorney’s Office has made its decision, and we accept that decision.”

Injuries ‘clearly visible’ or ‘very minimal’?

If you’re unfamiliar with the case, here’s a recap: On April 25, the Mesa teacher was accused of pulling a hairbrush away from a disruptive student, causing scratches, and then throwing papers in the air, resulting in a cut to her temple.

The Sheriff’s Office described the girl’s injuries as “clearly visible,” yet the District Attorney’s Office later characterized them as “very minimal.”

On top of that, the student may have already had the scratches and the paper cut before the incident with the teacher.

According to a news release from District Attorney Dan Dow, the girl’s father told his daughter that he believed the injuries to the hand and temple had happened earlier — a piece of evidence the DA’s office described as “of great significance to our analysis.”

As for those papers that were allegedly “thrown” at students, the DA’s Office says the papers were “dropped or thrown” — a big difference — and that any injury that occurred was accidental.

“The minor injuries do not appear to have been intentionally caused and do not rise to the level of injury typically treated as criminal conduct,” the DA concluded.

As if that weren’t vindication enough, the California Education Code “prohibits criminal prosecution of a teacher who exercises the degree of physical control over a student that a parent is entitled to use.”

Was the Sheriff’s Office unaware that the Education Code gives teachers the right to “exercise the degree of physical control over a student that a parent is entitled to use” to maintain order in the classroom?

Or did it just not care?

Teacher coping with unruly students

Obviously, this was a class in need of order.

“It is apparent that several students in the classroom were unruly and this specific student’s brushing of their hair was disrupting the teacher’s ability to maintain a proper and appropriate environment conducive to learning,” according to the DA’s news release.

We aren’t going to second-guess what the teacher should or should not have done, but it is clear that the Education Code gave her the authority to confiscate the hairbrush — just as a parent might do under similar circumstances.

For the Sheriff’s Office to intervene in such a heavy-handed manner undermines the authority not just of this teacher, but of every teacher.

The District Attorney’s Office was absolutely correct in concluding that the incident “is more appropriately addressed through the administrative process.”

While the DA’s decision may provide the teacher and her colleagues with a small measure of relief, this never should have happened in the first place.

Local law enforcement leaders should make sure it never happens again.

And if it hasn’t happened already, the Sheriff’s Office owes this teacher an apology.

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