Problem
Spacek and Ramsey, athletic coaches at New Waverly High School (the coaches), called Joshua Maxey, a fourteen-year-old junior high school student, into Spacek's office during school hours to talk to Maxey about improving his grades so that when he entered high school he could participate in sports. Spacek allegedly threatened to hang Maxey if he did not improve his grades. Maxey also claims that Spacek reached for a white extension cord, told him to look at the ceiling, and attempted to grab him. Ramsey allegedly retrieved what Maxey believed to be a hand-gun, placed Maxey in a headlock, put the weapon against Maxey's head, and threatened to kill him if his grades did not improve.
The coaches maintain that, as teachers, they were acting within the scope of their employment and exercising their discretion and judgment in encouraging Maxey to improve his grades.
[Coach Spacek said,] "I never threatened to hang him and Ramsey, who was present during most of this encounter, which lasted a few minutes, never threatened to shoot him. ... I did not discipline Maxey. I used no force upon him. He suffered no bodily injury in my presence." Likewise, Ramsey stated, "I never threatened Maxey and I did not hear Spacek threaten him. ... I observed no discipline of any kind of Maxey during this incident. He was not physically harmed in any way."
Superintendent Davis said Spacek admitted reaching for the extension cord, but claimed that he was "just playing" with Maxey and trying to establish a rapport with him. An excerpt from Spacek's testimony reflects that Spacek portrayed he and Maxey as "laughing it up" while in his office. In testifying before the school board, Spacek said he playfully responded to Maxey's dare that he couldn't catch him by picking up the extension cord and saying, "[Y]es, I will catch you and I will tie you up and we will whip you."
"In determining whether force or confinement is reasonable for the control, training, or education of a child, the following facts are to be considered:
(i) whether the actor is a parent; (ii) the age, sex, and physical and mental condition of the child; (iii) the nature of his offense and his motive; (iv) the influence of his example upon other children of the same family or group; (v) whether the force or confinement is reasonably necessary and appropriate to compel obedience to a proper command; (vi) whether it is disproportionate to the offence, unnecessarily degrading, or is likely to cause serious or permanent harm."
Consistent with the public policy of Texas to give teachers the necessary support to enable them to efficiently discharge their responsibilities, teachers may use reasonable force not only to punish wrongful behavior, but also to enforce compliance with instructional commands. However, "a teacher may not use physical violence against a child merely because the child is unable or fails to perform, either academically or athletically, at a desired level of ability, even though the teacher considers such violence to be 'instruction and encouragement.' "
Although the facts of this case do not involve paddling or spanking or other physical force typically associated with corporal punishment, allegations that a teacher restrained a child in a headlock and placed a weapon against his head, and that another teacher attempted to grab the student to hang him with an extension cord, undoubtedly raise a question of excessive force.
1. Do you believe the coaches in Spacek used excessive force which constituted physical and mental abuse?
2. As an SMP, what acts would you have taken to ensure this conduct never occurs again?
3. Should the coaches have been fired for their conduct?