Legal Question in Criminal Law in Wisconsin

I am a teacher. There is a boy in my school, not in my class, but I see him in the hallways and he seeks me out in my classroom. This student has been harassing me and threatening me for the past 2 months. I did not know the students name, and had asked administrators, safety and other teachers to identify him by my describing him. Nobody was able to or willing to. He has told me is is going to "beat my ass," "take me out" with hand gestures included.

Yesterday, he came to my classroom during class time, stood outside the classroom and made gang signs at me and threatening gestures. Then he and his buddy stepped into my class and made a motion to hit me---they were far away from me. The police said that because he did not make any verbal threats "today" they could not do anything. The administration(assistant principal) said they were going to have a hearing to get him out of the building. This morning the boy walked right by me several times within a 5 minute period. I think because I was with other teachers, he didn't do anything.

When I pushed the issue about him being in the building and not feeling safe, he was sent out. He has a two day suspension and will be returning on May 5, 2013 to my building.

He has been arrested 5 times in school for various physical incidents with staff and students. I am afraid he will do something to me.

Do I have any legal recourse?? I have been told until he does something, I can't get a restraining order or a no contact order.

Please help!! Our building is out of control and many of us do not know what to do--except for look for a new job, but times are hard and jobs do not come easy.

Thank you for anything you can do to help or advise me.

Sue M scareed in WI


Asked on 5/02/13, 8:47 am

1 Answer from Attorneys
JAY Nixon nixon law offices

The conduct which you describe should be enough to obtain a restraining order against this belligerent student if it is properly presented to a judge by your attorney. However, I have no idea whether you waived your right to bring such a proceeding under your employment contract as a teacher, or whether this might endanger your employment. If your fears are truly justified, however, it might be worth the risk to sue for a restraining order in either event, since the administration would then be confronted with a court order determining that the situation is potentially dangerous. This would probably force them to deal with the issue if they have not already done so by now. Of course, everyone who works with the public should also obtain training in the basics of self defense. Please do not assume that I am your attorney because of my response here, but feel free to call my office in Racine (262-633-3090 or email [email protected]) for clarifications regarding my answer. Otherwise, under the rules of this website, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or see an even larger collection of responses at http://www.lawguru.com/answers/search/attorney/jknixon, . Answers may contain attorney advertising materials.

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Answered on 5/13/13, 4:28 am


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