Legal Question in Civil Rights Law in California

assault battery by professor

I'm a community college student who was involved in a verbal arguement with my professor (the dept chair). I wasn't yelling or cursing, but was ''taking a tone''. We were both frustrated and she wouldn't answer my question about the lab being performed. This after I watched her help another student. Finally she raised her lab manual,(soft cover, apx 200 pages) over her head, exclaimed ''I don't CARE what YOU do--name removed--'' She then swung the lab book, hitting my upper arm and shoulder. She used the book to push past, leaving me between her force and a stationary counter. I was not physically injured. I raised my voice some saying not to ever touch me again and walked out of the classroom. I did not file a police report, deciding instead to talk to the dean. I wrote him a letter on my computer, but, worried about repricussions, had not yet sent it. A couple days ago I got a certified letter informing me that a diciplinary action for disruption of class had been filed against me. I was thinking she was lucky I didn't press charges against her. Wasn't I at least legally battered? What should I do now? I have an apt with the dean on tues and the diciplinary staff on wed. I have rights, right?


Asked on 4/25/08, 4:23 pm

1 Answer from Attorneys
Gordon Fauth Fauth Law Offices

Re: assault battery by professor

It sounds like she may have committed misdemeanor battery against you by hitting you with that book, defined as �A battery is any willful and unlawful use of force or violence upon the person of another.� Penal Code Section 242. Injury is not required. And provocation is not usually a defense. However, if other things happened, it might be more complicated. For example, would she be able to argue that you had her backed into a corner or something, and that you were behaving in a way to cause her to fear violence, and that that the only way she could get away was to push past you with her book?

If you did disrupt the class, a later battery by her would not excuse your behavior, either. (Your college probably has a student code of conduct stating what kind of behavior could be considered a disruption subject to discipline.) Are there witnesses who can testify you were not unduly disruptive, were not threatening, and that she hit you?

Student organizations can probably provide you with advice and on-campus resources. If your college system has a student advocate of some kind, you should probably meet with that person and ask to have that person present at your meeting with the dean.

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Answered on 4/25/08, 5:43 pm


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