First Grader Investigated For Sexual Harassment For Kicking A Bully In His Private Parts

Too Much Free Time

from the world-gone-mad dept

Wed, Dec 7th 2011 2:12pm — Mike Masnick

We recently wrote about expanding efforts to make almost anything people don't like considered bullying -- including rolling your eyes at someone or excluding them from a group. Meanwhile, there's this bizarre story, sent in by Aaron DeOliveira about a seven-year-old first grader who's being investigated for sexual harassment after kicking a bully in the testicle. Yes, the other kid bullied him first -- choking him -- and he responded. It's the choice of where the kick landed that seems to be the issue. The principal doesn't seem to care, noting that all that matters is that since one kid hit the other in the groin, "that's assault. That's sexual assault." Is common sense dead?

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Filed Under: bullying, sexual harassment

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Marcus Carab (profile), 7 Dec 2011 @ 1:30pm

That's a pretty bizarre definition of sexual assault. I thought it was supposed to mean sexually motivated. If kicking someone in the nuts because it's a vulnerable spot is sexual assault, then how do we know kicking them in the shins isn't also sexual assault committed by someone with a really weird fetish?
[ link to this | view in thread ]
The eejit (profile), 7 Dec 2011 @ 1:53pm

Re:
Clearly, it's assault of a sexual nature. Does that make the first-grader assaulting a paedophile?

...Somehow, I think not.
[ link to this | view in thread ]
Dark Helmet (profile), 7 Dec 2011 @ 2:22pm

Re: Re:
Meh, it's not assualt of a sexual nature. It's assault of the where can I cause the most pain so I can get away from the cretin choking me....er, nature.
[ link to this | view in thread ]
MRK, 7 Dec 2011 @ 2:22pm

Yes, the child is clearly a paedophile. For the good of the community he needs to be placed on the sex offender registry for life.

Of course, the kid will have to be home schooled and may never play with other children. Since people on the registry cannot be within 1000 feet of a school, park, or public place where children gather.
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Anonymous Coward, 7 Dec 2011 @ 2:24pm

Standing up for yourself is illegal? So much for "home of the brave."
[ link to this | view in thread ]
A Dan (profile), 7 Dec 2011 @ 2:24pm

Summary seems a little lacking. I advise you guys read the external link before posting.

To wit, the kid hasn't been convicted of anything, and there are "mandatory reporter" laws involved.
[ link to this | view in thread ]
TheStupidOne, 7 Dec 2011 @ 2:28pm

Re:
Home of those who suck it up and bend over as they are told. If the kid will stand up to bullies, how do you think he will respond to the TSA, FBI, Police, MAFIAA, etc that will abuse him in the future?
[ link to this | view in thread ]
MondoGordo, 7 Dec 2011 @ 2:30pm

Is common sense dead ?
U betcha !! ... Has been for a long time. Political correctness killed it and "Zero Tolerance" nailed the coffin lid down.
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 2:30pm

Re:
Yes, they are mandatory reporters of sexual harassment, which this is not.
[ link to this | view in thread ]
Jim McGinn, 7 Dec 2011 @ 2:37pm

If this is "sexual assault, I sexual assaulted 10 people before 18.

Hey I'm small I know how to win/stop a fight.
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 2:38pm

"Is common sense dead?"
It died a long time ago.
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 2:38pm

The principal in question...
...should of course be fired, then blacklisted (from any work in education) for life. He/she is far too stupid to permitted anywhere near our children.
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 2:39pm

Re: Re: Re:
RED FLAG.
Logic not allowed !
[ link to this | view in thread ]
Travis, 7 Dec 2011 @ 2:42pm

Better put me on the list
I did that to a few bullies when I was a kid. Dammit, I knew it felt wrong, but then so did the fact that being held by two other idiots and the bully was about to do a running punch into my gut. What do YOU think I was going to do?
[ link to this | view in thread ]
Brad C (profile), 7 Dec 2011 @ 2:43pm

Re: "Is common sense dead?"
It's not dead, it's just not being taught in schools anymore. Maybe if we add a Common Sense section to the SAT we'll get it back...
[ link to this | view in thread ]
Carlos Sol�s a.k.a. ArkBlitz (in the rest of the I (profile), 7 Dec 2011 @ 2:44pm

Is common sense dead?
Is common sense dead?

Well, taking into account that:

- Killing Michael Jackson has a lighter prison punishment than singing one of his songs in a video without forking $100000 to the RIAA
- The US government can (and will) arrest political dissidents indefinitely without trial, legally
- Bailouts are being given to banks but not to householders
- Excluding any person from any activity for any reason (even if it's common sense to imply that said person has a convincing reason not to take part from said activity) is slowly being redefined as discrimination

... yes, the common sense has long died in the US. Perhaps they can import some from - oh, so it's dead overseas too?
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 2:51pm

Re: Is common sense dead ?
Nothing to do with political correctness, a lot to do with immense levels of stupidity.
[ link to this | view in thread ]
Liz (profile), 7 Dec 2011 @ 2:55pm

This is all part of the "Zero Tolerance" rules in place at schools. Doesn't matter what degree of violation, each will be treated in the same manner.

The policies supposedly protect schools, but what it really does is remove the responsibility of critical thinking on the part of the administration.
[ link to this | view in thread ]
Keroberos (profile), 7 Dec 2011 @ 2:57pm

Is common sense dead?

I don't think it ever really existed, if it did it's been a very long time since I've encountered any evidence of it. We've become a society of blindly following whatever rules are handed to us regardless if they make any sense or not.

Also they would be open to liability if they didn't. It's a way of passing the buck to someone else. If the principle made a judgment call on this, and the school got sued (which is highly likely given our litigious society), it would be his head on the chopping block.
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Anonymous Coward, 7 Dec 2011 @ 2:57pm

Re: So much for "home of the brave."
Yea we leave the bravery to the police state.
[ link to this | view in thread ]
Justin (profile), 7 Dec 2011 @ 3:00pm

TSA vs. a 1st Grader
Maybe he should have taken the approach of the TSA and asked him to go through a scanner, then when the bully refused this would have all been OK and probably gotten away with more.
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A Dan (profile), 7 Dec 2011 @ 3:01pm

Re: Re:
Such laws make it so that, if anything could possibly be interpreted that way, it creates massive liability for anyone who doesn't escalate the situation. It's common sense for administrators to take CYA measures.
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 3:01pm

Re:
I know what you mean. I fight like someone is trying to kill me.
[ link to this | view in thread ]
Franklin G Ryzzo (profile), 7 Dec 2011 @ 3:01pm

Re:
Thanks for the suggestion to read the external link... the situation is even more asinine with all of the details.

A seven year old does not have the mental faculties to understand sexual assault in any situation. In this situation, there clearly is no sexual assault only self defense.

The first thing taught in any self defense course is to attack the genitals. Would the principle prefer that his 1st graders avoid the genitals and go for the next best target of gouging the eyes or perhaps trying to break the nose? The author of the original article makes a pathetic attempt to justify the schools actions by asserting that the school must investigate both sides of the story but that's a crock. A 1st grader is incapable of committing a sexual assault in any way shape or form. Even if he crawled under a desk and stuck his hand up a girls skirt, there is still nothing sexual about the act. It's just kids being kids and doing stupid shit that they will learn not to do in the future.

This situation is truly pathetic!
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netwrok, 7 Dec 2011 @ 3:13pm

That principal needs re-assigned to janitor status.
[ link to this | view in thread ]
Ima Fish (profile), 7 Dec 2011 @ 3:20pm

Actually it's neither an assault or a sexual assault. It's a battery.

An assault is the placing of a person in fear of a battery. The battery is the unlawful touching.
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Kevin H (profile), 7 Dec 2011 @ 3:36pm

Re: Re:
So the Bully is a future senator, and the kid who kicked him in the nuts is destined to be noting more than his victim.

So that's where I fucked up.
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Kevin H (profile), 7 Dec 2011 @ 3:38pm

Re:
I have always gone by the thought of its a fight, nothing needs to be fair about it. If there is a table light enough to be thrown at you so that I end up not getting hit then I am going to throw a fucking table at you.

I do make the distinction though that pulling a knife or a gun is not valid. Unless its my daughters boyfriend in which case he would have been thoroughly warned ahead of time.
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Tim, 7 Dec 2011 @ 3:41pm

I will defend myself... no wait... I'll sexually assault anybody that tries to take my lunch money.
[ link to this | view in thread ]
The Devil's Coachman (profile), 7 Dec 2011 @ 3:44pm

Re: Re:
So do I. One the first fist is swung, or kick attempted, the other party will know the true meaning of pain. I don't try for the knockout blow, but merely to inflict the most intense pain with the least effort. Once you pop someone's eyeball out, they tend to leave you alone long enough for you to find a suitably heavy object to finish the job. I was and still am short, but got beat up only once. All subsequent engagements had a different outcome. You also get a rep, as someone not to be trifled with. I'm not a tough guy, but a guy you better not try to get tough with.
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 3:45pm

Re: Re: Re:
Such laws make it so that, if anything could possibly be interpreted that way.

[citation needed]

I spent 20 minutes on Google and couldn't find any statistics for how often people are charged for failing to report and I couldn't find any news stories from the last couple of months of anyone being charged.

I think this is the typical overreaction that comes out of schools all the time. Like suspending kids for having a butter-knife in their backpack because of the zero tolerance policy on weapons. Really, a butter-knife is a weapon?

http://www.ketv.com/r/5027982/detail.html
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The Devil's Coachman (profile), 7 Dec 2011 @ 3:47pm

Re:
Don't offend janitors by lumping this buffoon with them. I think the school should change his title to "Top Twat" instead.
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HB, 7 Dec 2011 @ 3:49pm

BULLY KICK
The bully asked for it...not a sexual offense. I would have kicked the bastard in the same place. Quite effective.
[ link to this | view in thread ]
DogBreath, 7 Dec 2011 @ 3:50pm

Bobby Hill knows how to deal with bullies....
http://www.youtube.com/watch?v=tJl3ZAg6mj0
[ link to this | view in thread ]
ChurchHatesTucker (profile), 7 Dec 2011 @ 3:51pm

Re:
...how do we know kicking them in the shins isn't also sexual assault committed by someone with a really weird fetish?

What about the kid who was choking him?

I blame Woodward and Bernstein for confusing the definition of 'Deep Throat.'
[ link to this | view in thread ]
HowieF, 7 Dec 2011 @ 3:53pm

Probably Some Stupid Parents
Someone probably wrote some school or district rule that says that if someone touches someone else in their private parts then they are guilty of sexual assault. Obviously not written by a lawyer but the rule needs a bit of revision.
[ link to this | view in thread ]
vilain (profile), 7 Dec 2011 @ 3:53pm

If the DA files, fire them
If the DA files on this case, I'd go after them for prosecutorial misconduct. I hope the family court judge sanctions them. And the kid's mom should contact the ACLU. I wonder what strategy they'd use to go after the school district and specifically this clueless administrator.
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Anonymous Coward, 7 Dec 2011 @ 4:01pm

Re: Is common sense dead ?
Actually it has been replaced by uncommon sense.
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khory (profile), 7 Dec 2011 @ 4:17pm

????
Outrageous!

Kids fight. All the time. It's what they do. The proper thing to do is inform the parents, maybe suspend both parties for a day or two and move on with life.

Sexual Assault? They are 7! There is nothing sexual in a 7 year old's world!

Are they trying to torment this child? Do they give any thought to the message this can send to a kid? Tell them what they did wrong and why, that it's wrong to fight and kick people in the genitals. This is when and how kids learn right and wrong.

They are blowing this out of proportion and risk giving this child some self perceived stigma that he is bad or something is wrong with him. You don't think other kids will tease him about it or call him a perv? That's what kids do. Are they going to arrest them all for harassment? Where does it end.

I apologize for rambling but I am genuinely angry about what is happening here. I fear for my own children.

I will be writing the superintendent and letting her know how wrong I think this is. I urge others to do the same.
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MrWilson, 7 Dec 2011 @ 4:22pm

Re:
Which of course will do wonders for his social skills and then people will wonder why he grew up to be antisocial...
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bigpicture, 7 Dec 2011 @ 4:29pm

Common Sense?
What common sense? It used to be you could defend yourself from harm with "equal force". Choking someone could be defined as "attempted murder", so then a kick in the nuts would be self defense of "equal force"?
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Rekrul, 7 Dec 2011 @ 4:30pm

When I was in fourth or fifth grade, there was one kid who was kind of a jerk. He didn't beat me up, but he'd do little things to bully me. One day we were both in an interior bathroom (no windows) and he started flipping the light on and off, and wouldn't let me leave. So I kicked him in the groin. I didn't really land a solid kick, he jumped back and it was more like a mild thump.

Anyway, everyone else had already gone back to class, so the teacher came looking for us. She wanted to know what was going on and he complained that I kicked him "in the balls". The teacher asked if that was true and I just told her that he wouldn't let me leave. She took both of us back to the classroom and then announced to the whole class that I had kicked him in the groin. Half the class started applauding. She told us to take our seats and that was the end of that.
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Anonymous Coward, 7 Dec 2011 @ 4:32pm

Re: Re: Is common sense dead ?
Nothing to do with political correctness, a lot to do with immense levels of stupidity.

You appear confused.

political correctness == immense levels of stupidity.
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vancedecker (profile), 7 Dec 2011 @ 4:36pm

Re: Re:
On Dr. Who there was an alien race whose genitals were located on their shins. I can't remember the name of alien race or episode. It could have been another sci-fi show entirely.

They had one of the doctors 'companions' who is female kick the alien. I think that's kind of sexist.
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vancedecker (profile), 7 Dec 2011 @ 4:37pm

Re: Re:
You just offended Utah.
[ link to this | view in thread ]
Chosen Reject (profile), 7 Dec 2011 @ 4:37pm

Re: Re: Re: Re:
There was also the kid who wore a Mario shirt that was threatened with suspension for drug references.
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 4:43pm

If this were my son, I would almost certainly beat the ever loving shit out of that principal and, most likely, the other bully's dad, too...
[ link to this | view in thread ]
Lawrence D'Oliveiro, 7 Dec 2011 @ 4:49pm

Re: For the good of the community he needs to be placed on the sex offender registry for life.
Is sex worse than guns? If not, is there a gun offender registry? If not, why not?
[ link to this | view in thread ]
Atkray (profile), 7 Dec 2011 @ 4:51pm

Re: Re: Re:
No, that remark was too cerebral to offend us.
[ link to this | view in thread ]
Cipher-0, 7 Dec 2011 @ 5:23pm

Re:
The policies supposedly protect schools, but what it really does is remove the responsibility of critical thinking on the part of the administration.

Which to me means we can cut the administration's salaries, as they have no need to make decisions.
[ link to this | view in thread ]
mrdarkrai, 7 Dec 2011 @ 5:24pm

So the LGBT community wrought a nanny state
curious
[ link to this | view in thread ]
jcl, 7 Dec 2011 @ 5:44pm

Re: Re: Re:
You're probably thinking of the Scarrans on Farscape.
[ link to this | view in thread ]
btr1701 (profile), 7 Dec 2011 @ 6:12pm

Re: Re:
> I know what you mean. I fight like someone is trying to kill me.

First thing they taught us in law enforcement training: there's no such thing as a fair fight. If someone attacks you, you do what you have to do to win and make sure you're the one who goes home that night.
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 6:13pm

By this definition every man that getds kicked there by a woman can sue them for sexual harrasment.
[ link to this | view in thread ]
TtfnJohn (profile), 7 Dec 2011 @ 6:51pm

Re: Re:
Just imagine the uproar if they'd found them 30 minutes later playing doctor behind the school gym!

In the meantime sexual offenders go on doing it for years on college sports teams, junior hockey teams and other forms of activity that's supposed to teach fair play, athleticism, social skills and a host of other excuses schools use for wasting so much money on sports teams after axing PE programs.

Is it any wonder that by the time children reach adolescence they are convinced all adults are raving morons and, in their turn, when they have children become raving morons 30,000.2
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RealityBytes228, 7 Dec 2011 @ 7:23pm

Is Common Sense Dead?
What is a seven year old still doing in First Grade? Doesn't anyone find that detal a little odd?
[ link to this | view in thread ]
TtfnJohn (profile), 7 Dec 2011 @ 7:30pm

Re:
It removes the possibility of the children in the school of obtaining critical thinking skills by example thereby leading to cults, political correctness and people who will continue on to law school after failing carpentry 101 in trade school advise schools to adopt even more zero tolerance rules no matter who ridiculous they are in practice.

Good thing too, cause that means that tradespeople still have brains and intelligence because the law school has absorbed all the Darwinian brain failures and turned them into lawyers.
[ link to this | view in thread ]
Spointman (profile), 7 Dec 2011 @ 7:33pm

Re: Re: Re:
Wasn't that Captain Kirk during Star Trek VI's prison scene?
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 7:41pm

Well i beat that bully will think twice about messing with the othewr boy. I think that he got the message thru to him to leave me alone.
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Bengie, 7 Dec 2011 @ 7:50pm

Re:
He could not legally be near himself
[ link to this | view in thread ]
Bengie, 7 Dec 2011 @ 7:53pm

Re:
Best not tell this to a rapist
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 8:02pm

This is a new law..
The law of unintended consciences caused but implementation of the Peter Principle and clueless inDUHviduals
[ link to this | view in thread ]
Aerilus, 7 Dec 2011 @ 8:07pm

Re: Re: For the good of the community he needs to be placed on the sex offender registry for life.
I think its called a background check but I could be mistaken
[ link to this | view in thread ]
Canucklehead, 7 Dec 2011 @ 8:17pm

Common sense ?
TSA = molesting you for your own safety
Karate = molesting others for your own safety

Never underestimate the power of stupidity...
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 8:33pm

Re: Re: Re: Re: Re:
Lets not forget about the child who was expelled for turning into the teacher a plastic knife that the child's mother accidentally packed in her lunch.

"The child was told that she'd done the right thing -- then was expelled."

and then classrooms have scissors with metal edges and that huge dangerous paper cutter sitting at the back of the room. But plastic knives ... much too dangerous.
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 8:39pm

Re: The principal in question...
"The principal in question...should of course be fired"

Hah, hah, hah, hah ...

You have to see the documentary, 'Waiting for Superman' before you start your wishful thinking regimen.
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 8:41pm

Re: Is common sense dead?
"Perhaps they can import some from - oh, so it's dead overseas too?"

Maybe aliens?
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 8:42pm

Re: Re: Is common sense dead?
Maybe the ones from Krypton
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 8:43pm

Re: Re:
Ha ha ha ha ha ...

See the documentary ... 'waiting for superman'
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 9:33pm

Re: Re: Re:
It was Men in Black II, and they were Ballchinnigans. THeir balls were in their chins.
[ link to this | view in thread ]
B Pickel (profile), 7 Dec 2011 @ 10:10pm

Re: Re:
if he touches himself, would that effect his parole?
[ link to this | view in thread ]
Drew (profile), 7 Dec 2011 @ 10:26pm

Re: Re: For the good of the community he needs to be placed on the sex offender registry for life.
Yes, it's called a criminal background check for a felony conviction.
[ link to this | view in thread ]
Anonymous Coward, 7 Dec 2011 @ 10:29pm

Re: Is Common Sense Dead?
Since age 6 is when you start kindergarten, no. Age 7 should be in 1st grade.
[ link to this | view in thread ]
Drew (profile), 7 Dec 2011 @ 10:34pm

Re: Is common sense dead?
Yea but banks are 'money creators' right? So if you give money to banks then it eventually finds its way down to everyone else....ohh wait that sounds like Regan's failed trickle-down economics theory.
[ link to this | view in thread ]
Anonymous Coward, 8 Dec 2011 @ 2:28am

Re:
Insightful and funny to those that never use their nuts.
[ link to this | view in thread ]
Marie, 8 Dec 2011 @ 5:29am

shame on him...
Clearly the principal has never been choked, at which point instinct tends to make one bite, flail, hit, and kick - where any of these blows might land tends to be happenstance unless once is trained in self defense, which I very much doubt this first grader was. Good for the kid for defending her/himself. Shame on the principal for not addressing the real problem - that one student thought it would be a good idea/fun/appropriate to choke another student.
[ link to this | view in thread ]
vancedecker (profile), 8 Dec 2011 @ 6:29am

Re: Re: Re: Re:
You know what, I think you're right. I knew it was from one of the Queen's subjugated nations, but totally forgot about Australia.

An American simply wouldn't have the balls to think up camp on this level.
[ link to this | view in thread ]
vancedecker (profile), 8 Dec 2011 @ 6:44am

Re: Re: Re: Re:
Interesting factoid.

After consulting my copy of the Shatnerverse, apparently, the director was initially adamant that the alien unmentionables be placed on shins for easier access.

However, lawyers on the set decided, quite smartly, that they would not be able to sustain a convergent scifi meme defense against Farscape, who were first to place alien no no places on the shins, as they did with the Scarrans.

So, instead, they moved the position slightly higher, to the knees. Which is completely different course, and a much more realistic area for evolution to place reproduction organs.
[ link to this | view in thread ]
randi, 8 Dec 2011 @ 7:11am

stop bulling. kick him again. sorry but if your going to choke and bully a kid, you deserve to be kicked, and hard!
[ link to this | view in thread ]
Anonymous Coward, 8 Dec 2011 @ 7:21am

Re: Re: Re: Re: Re:
Happened in Star Trek too (though it was knees).

Kirk (maybe Riker) "I'm lucky that guy had knees"
some random "Not everyone keeps their genitals in the same place."
[ link to this | view in thread ]
jarhead6353, 8 Dec 2011 @ 8:07am

Re: "Is common sense dead?"
Dead and buried, apparently. We are governed and managed by imbeciles.
[ link to this | view in thread ]
Josef Anvil (profile), 8 Dec 2011 @ 8:09am

Ok that was FUNNY
Mike, I'm not sure where the tech is in this story, but it was still a funny read. Kudos for that and generating quite a few funny comments.

Personally I love all the tough guys responding to this article. Especially the guy who advocates popping out eyeballs in response to a threat (hope he doesn't have any kids, or live in Boston).

The odd thing is that parents actually leave their kids in the care of people who can confuse a kick in the nuts with rape. 0.o
[ link to this | view in thread ]
Anonymous Coward, 8 Dec 2011 @ 8:19am

Re:
Nonsense - The bully will screw with the kid even more because he knows he is untouchable now.
[ link to this | view in thread ]
vancedecker (profile), 8 Dec 2011 @ 8:50am

Re: Re: Re: Re: Re: Re:
As an evolutionary biologist myself, I feel I need to clarify the knees, while close to the shins physically, might seem to be similar in terms of advantageous places for reproductive organs, however they are light years apart in any real or significant manner.
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Nraddin, 8 Dec 2011 @ 6:01pm

Even the author has lost their mind....
Basically One of two things happened here.
1) Child A was attacked and choked by Child B, and responded to the lose of oxygen in an appropriate way. Child A caused pain without damage to Child B in order to illicit the response needed (Not just desired and Air is generally considered a must have) which was have Child B release his throat. This was done with a blow to the genitals.
2) Child A ran up and punched/kicked Child B in the crotch and then Child B started choking/fighting with him.

Either way, one of these two children was reacting to being assaulted. And while we don't want to encourage fighting in situation 1 it's not fight on Child A's part but self defense. The author however comes from the prospective that obviously they should be punished, and obviously the strike to the grown was assault, not self defense at all. I wonder what people like this think they would do if someone had there hands around their throat and was choking the life out of them. Are they going to call 911? What do they do if there is one one around? Do they just lay down and die? People like this that have institutionalize the vilification of natural human behaviors and responses, that cause so many children to end up 'in the system' before they can graduate from High School.
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Anonymous Coward, 8 Dec 2011 @ 8:25pm

Re:
"If the principle made a judgment call on this, and the school got sued (which is highly likely given our litigious society), it would be his head on the chopping block."

I disagree. First, there's the matter of right and wrong. Saying sexual harassment or sexual assault happened here is clearly wrong. Trying to ruin a kid's life for defending himself is wrong. The principal, as a human being, should perhaps consider doing the right thing for the children as opposed to what he thinks would save his own skin.

Second, when you make obviously wrong decisions, you open yourself up to litigation that will actually stand up in court. Sure, the bully can try to argue that we should all ignore his choking and his rights are somehow being violated because his victim isn't expelled - you may have a lawsuit, but the school would probably win it. As opposed to the lawsuit from the student you just expelled for defending himself, which the school would probably lose.
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BearGriz72 (profile), 8 Dec 2011 @ 10:51pm

Re: Re: Re:
Don't forget the Ballchinians!
[ link to this | view in thread ]
munchie (profile), 9 Dec 2011 @ 1:00am

No, that is not sexual assault, that is self defense.
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sexual harassment lawyer, 15 Jan 2012 @ 6:49pm

A lot of people kick someone at their private parts for self defense and yet they are not sued for sexual harassment, I think this is very bizarre since the accused is only a first grader, I bet he even don't know what sexual harassment is because he did the kicking to protect himself from being bullied.
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sexual harassment, 2 Feb 2012 @ 11:07pm

This clearly is an example of self defense since the child kicked a buddy. I think it's just right.
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