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Girl refused bathroom pass may sue teacher

Discussion in 'The Powder Keg' started by colt45, Jun 11, 2002.

  1. Girl refused bathroom pass may sue teacher
    BY SOFIA SANTANA
    ssantana@herald.com

    An attorney for a Ponce de Leon Middle School student has filed notice to sue the girl's math teacher and Miami-Dade County Public Schools because the girl says her teacher refused to let her use the bathroom and forced her to have a bowel movement in class.

    The suit seeks unspecificed damages for humiliation that seventh-grader Sophia Gutierrez said she suffered, Coral Gables attorney Jason Setchen said.

    Sophia, 14, says she had a stomach ache April 24, but her teacher, Edwin Victor-Louis, did not give her a bathroom pass. Sophia says she asked several times and told Victor-Louis it was an emergency.

    Sophia also says Victor-Louis humiliated her in front of the class by saying: ``If you can't hold it, you should be wearing Pampers.''

    MOTHER FURIOUS

    Sophia's mother, Judith Gutierrez, was furious when she heard her daughter's story.

    She says she wanted Victor-Louis to make a personal apology to Sophia in front of the class. But that never happened, the family says. Gutierrez went to the school and talked to one of the vice principals, demanding the school apologize as well. Her request was not taken seriously, she said.

    ''I was totally upset by this,'' Gutierrez said. ``My daughter has never had a conduct problem. The teacher had no reason not to believe her if she said she needed to use the bathroom for an emergency.''

    Officials with the United Teachers of Dade say that Victor-Louis, a union member, will be defended by school district attorneys even if she also is named individually in the suit.

    Victor-Louis did not return phone calls seeking comment.

    FEELS UNCOMFORTABLE

    Sophia, who had a B average for academics and A's and B's in conduct on her last report card, says she has been uncomfortable at the school since the incident and has missed more than 12 days.

    School officials say that Victor-Louis, who has been teaching for more than two years, has a complaint-free record.

    Ponce principal Manuel Garcia says teachers at Ponce can give bathroom passes during class at their own discretion and for emergencies.

    He added that some teachers are more strict with passes because some students use them as an excuse to get out of class.

    ''If the parents prevail, it could force the district to become more responsive to parents,'' said Bernard Perlmutter, director of the Children and Youth Law Clinic at the University of Miami Law School. ``[A student suing their teacher] isn't unprecedented. I've never heard of a case like this in Miami-Dade, but we're the fourth-largest school district, so I wouldn't be surprised if it has happened before.''
     
  2. I could understand this if said student did this on a regular basis, but it was't in the article. If this had happened to my son -- who is now 18--I wouldn't have sued, but would have made a special trip to the school and had a private conference with the teacher.--
    Use your imagination.
     

  3. PAPA G

    PAPA G G&G Evangelist Forum Contributor

    same here, my daughter has trouble holding in urine, and used up her allotment of bathroom passes. i told her if the teacher doesn't give a pass than quietly get up, go to the bathroom , then return to class. and if anything is said, i'll be right down to back her up, and raise some cane. well it happened she went with out a pass, but no fuss was done over it.
     
  4. NRAJOE

    NRAJOE YOU TALKIN' TO ME!? Forum Contributor

    That was just plain mean and stupid. That person should not be teaching and deserves to be sued for mental anguish!:insane:
     
  5. Papa G...The same think happened to my step son 2 years ago. He asked to go ot the bathroom and was told no. I said the same thing. If you have to go, then get up and go. I dont think ANY teacher can tell a kid when they can go to the bathroom. How does a teacher know how bad a kid has to go?
     
  6. BattleRifleG3

    BattleRifleG3 G&G Evangelist

    That's what they did in my preschool/gradeschool days. As a result, I suffered kidney reflux and had a kidney infection at age 8. After multiple diagnostic procedures (you know... THOSE kinds of diagnostics) and years of antibiotics, I'm finally in stable shape, but have permanent scarring, unbalanced kidney sizes, and run the risk of hypertension and premature heart attack.
    Some teachers are ignorant morons who need to be beaten by concerned parents.
    Those schools will listen to all the crazy new age medical philosophy, they can teach kids all about bodily functions, yet they won't listen to basic reason.
     
  7. Just a quote

    Not to minimize a serious situation, here is a quote from mark Twain,
    "In the first place God made idiots. This was for practice. Then he made School Boards."

    - Following the Equator; Pudd'nhead Wilson's New Calendar

    As to the situation at hand, is anyone besides me troubled by this statement in the article,
    ''If the parents prevail, it could force the district to become more responsive to parents,'' said Bernard Perlmutter, director of the Children and Youth Law Clinic at the University of Miami Law School.

    This Putz is more concerned, and does not like that parents may become more involved in their childrens education.

    I for one will be there for my boys, whether or not they (the school boards) like it. :fuss:
     
  8. NRAJOE

    NRAJOE YOU TALKIN' TO ME!? Forum Contributor

    Yeah I noticed that myself. Probably afraid parents like "US" would get involved...:fuss:
     
  9. This is just another example of the school going overboard because they don't properly know how to deal with the actual problem. The article stated that:

    "Teachers at Ponce can give bathroom passes during class at their own discretion and for emergencies.

    He added that some teachers are more strict with passes because some students use them as an excuse to get out of class."

    Sounds to me that the school needs to find a way to deal with those students who abuse the system rather than assuming that any kid who has to go to the bathroom might be using it as an excuse to get out of class. The student in the article didn't appear to have any past history which would indicate that she was trying to skip out, let the kid go to the bathroom!
     
  10. Chris

    Chris Administrator Staff Member

    7,654
    597
    Well I totally support this law suit, and here are some of my reasons behind it:

    Bathroom, anytime, anywhere, the word emergency should send a shock wave, GO!

    Alright, well I have a severly damaged Left eye, I am extremely sensitive to light, bright lights, even basic flouresent. I have to have special sun glasses that keep a lot of those rays out. This is all because of a teacher left out NaOH, and astudent got a hold of it, and took an eye dropper and put it unexpectly into my left eye. They did not have saftey protocals, and did not call 911.

    The school system feels like it is invicible., and that is not tolerated any longer. We need to take care of these people ASAP!, they are not worth beating up, but the only thing that will make them realize is money, from their POCKEYBOOKS!

    good luck to this girl and her suit.