2.01.2005

Postcard from Texas

18-Year-Old Student Sues Over Paddling
Lawsuit Alleges Civil Rights Violations, Negligence
POSTED: 11:06 am CST January 30, 2005

Wrong on so many levels.



SAN ANTONIO -- When Jessica Serafin enrolled in a charter high school, her mother signed a form allowing administrators to paddle her as punishment.

But by the time a summer school principal paddled her last June, Serafin was already 18 and legally an adult.

She's now suing the School of Excellence in Education, San Antonio's largest charter school, alleging it was wrong for the principal to paddle an adult student without her consent She says the beating she received for leaving campus to get breakfast was so severe she had to go to the emergency room.

The lawsuit was filed Jan. 10 in state district court. Last week, a notice was filed to move it to federal court.

Although the lawsuit also alleges civil rights violations and negligence, a key element in the case is her age and the fact she didn't consent, her attorney said.

"This case is not about a crusade against corporal punishment," said Dan Hargove, her attorney. "It's not a crusade against charter schools. ... This case is about three adults holding down an adult female and beating her with a wooden paddle so bad that she ended up in the hospital."

The school's attorney, Jeff Gately, said the lawsuit "contains some blatant falsehoods."

Gately said he and several school officials investigated the girl's account and found it to be without merit.

The principal's attorney declined to comment, saying he didn't want to try the case in the media.

The School of Excellence in Education advocates an "old-school" approach to discipline. Uniforms must be tucked in, girls can wear only one pair of earrings, and boys must open doors and pull out chairs for their female peers. (Miss Hag. likes the chair thing, but the accessory limitation? For shame.) It is the only public school in Bexar County that paddles students.

Serafin says the summer school principal, who is a named defendant in the lawsuit, hit her three or four times. She said she tried to block one of the blows and the paddle "smashed her hand."

"I started screaming because I thought he had broke my hand," she said.

Serafin said she went to the hospital because she could hardly walk after school and her hand was severely swollen. Her hand was put in a cast at the emergency room.

State law allows parents to spank their minor children if the parent "reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare." But the law does not allow parents to use force on children who are 18 or older, Hargove said.

Hargove contends the school was acting on behalf of Serafin's parents, and therefore, shouldn't have been allowed to paddle an adult student.

But St. Mary's University law professor Gerald Reamey said another part of the law allows educators to use corporal punishment without age restrictions to "further the educational purpose or maintain discipline."

Attorney Philip Marzec, who represents local school districts, said it is difficult for a plaintiff to prevail against a school district in a paddling lawsuit because they generally are immune from allegations of negligence relating to corporal punishment.

But districts can be sued for civil rights violations, Marzec said. The plaintiff would have to show that a school policy or sanctioned practice led to the violation.
The San Antonio Express-News contributed to this article.
Copyright 2005 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed


Miss Hag. finds this issue complicated. The fine line between abuse and discipline. There has to be a way to distill values and respect in a person without resorting to violence. Certainly, in this case, Miss Serafin's actions did not warrant being beaten until her hand was broken. She was 18 years old at the time (a legal adult) and wanted to eat lunch off of high school grounds. If she had attacked a fellow student or teacher, then it might make sense to turn to physical restraint or punishment.
On the one hand, you don't want give children unrestrained freedom to act out all of their uninformed whims. On the other hand, it is not proven effective to beat a child into learning. Reason alone should dictate whether or not the hands should be holding a paddle.