QUESTION
How to address defamation of character from a troubled student about a tenured teacher?
Asked on Dec 14th, 2012 on Labor and Employment - Washington
More details to this question:
A student accused a teacher of providing her with a pill to terminate a prior pregnancy, which is a lie. Can someone be sued, can the student be made to write a statement admitting to her lie, can the teacher request a stay away order? Currently, the student is pregnant now and people are finding out and with their talks of disappointment she makes up a story regarding the last time she was carrying a child and that the teacher professional gave her a "pill" to abort. This lie was said in a public place with at least three other people present on of whom was an adult.
5 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, but it will be expensive. You need to consult with an attorney about the specific facts. Remember, if the girl or her parents don't have money, you will get nothing out of it. Finally, truth is always a defense.
Answered on Dec 19th, 2012 at 4:53 AM
The fact that you are tenured is of no consequences to the answer. I know of no reason why you may not sue the student for defamation. But why do that. If you are looking for a big money judgment, that is unlikely. You should also consider if the student has any money for you to seize to pay the judgment. If you are looking to clear your name, then this might work, but does any one other than you really care about this? You may want to talk to a tort lawyer to see if her parents could be held liable for her actions. I do not know. can the student be made to write a statement admitting to her lie? Probably not. Frankly, the law is not there to address every ill that comes our way. Some situations have no legal remedy. Perhaps this is just part of being a teacher?
Answered on Dec 19th, 2012 at 1:07 AM
Steven Lee Miller
So the law of defamation in this situation would be slander. If somebody lowered your reputation in the community due to an untruthful statement, you would be entitled to either the damages that the statement caused, or nominal damages in simply proving that you were wronged. The difficulty in these cases is proving what the other person said was a lie (e.g. it may be simply your word against hers), and that is difficult to overcome. Assuming you could prove your case, were you really damaged? Did you have to go to the hospital? Probably not, so at best even if you could prove what she said was a lie, you could get maybe nominal damages........the judge may just decide o.k. you get $500. bottom line, probably not worth your time to pursue given the challenges.
Answered on Dec 18th, 2012 at 8:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Whereas the statements are clearly defamatory is very doubtful that they are worth bringing the action. If you are willing to stand the cost, you could bring an action seeking injunctive relief only, which would most probably be granted.
Answered on Dec 18th, 2012 at 8:36 PM
You could sue for defamation, but what are your chances the student would have any assets to collect upon.
Answered on Dec 18th, 2012 at 8:33 PM