How to write a complaint to the school principal about a student who hits children

How to write a complaint about a child at school

Any educational institution is a community in which students and teachers, parents and other employees of the educational institution exist, communicate, and interact with each other.
Therefore, as with any community, conflicts may arise in an educational institution. All conflicts encountered in any educational institution can be combined into several groups:

Injury to a child during the educational process or while in an educational institution;
Prejudicial attitude towards the child on the part of the teacher;
Making excessive demands on the child;
Insults, threats, violence.

The most common conflicts are between children. And since parents are their legal representatives, the parent of the injured child has the right to file a complaint against the guilty child.

As for the teaching corps, it has administrative instruments of influence in the event of a conflict between a child and a teacher, including by working with the parents of this student.

The child complained. What's next?

And it happens that the child does not learn this idea - you can’t complain - from your parents.
He hears it from peers or other adults. With this in mind, tell your child that he can always complain to you. This does not mean that the child will grow up weak-willed and unable to stand up for himself. This means that you will maintain contact with the child, be aware of what is happening in his life, and be able to help in time, if not with action, then with advice. You just need to help in such a way that your help does not turn into even more trouble for the child.

First-grader girl. A classmate bullied her. He’ll either kick you, or pull your pigtail, or throw your briefcase into the mud. The teacher once said that you can’t complain. The girl endured it for six months, then couldn’t stand it and complained to her parents.

Dad was furious that his daughter was silent for so long. The next day there was a parent meeting. Dad and his daughter came to a parent-teacher meeting, yelled at the teacher in front of all the parents, forced the daughter to confirm in front of the whole class that she had endured bullying for so long, because the teacher said: “You can’t complain.”

Teacher in tears: “How can you! Why are you treating me like this? She was offended by other parents because no one stood up for her, no one reprimanded the aggressive parent.

The girl cried at home: “I won’t go to school anymore, I’m ashamed, I’m afraid that the teacher will be angry with me now.”

Mom, in a panic, seeks advice: “Will I really have to move to another school now?!”

What actions should parents take?

We should not forget that, firstly, the participants in the conflict are children who do not have a formed psyche and to resolve it it is necessary to involve specialists, secondly, the children are studying in an educational institution, therefore, the school administration should be informed about the presence of a conflict fame (subject to conflict arising within the school walls).

Therefore, today there is a mechanism for working under such conditions. It is recommended to use administrative resources to respond to the student and only if there is no response from the school or no results, contact the police.

First of all, you must first contact the teachers, and then make a corresponding complaint to the school director. If you do not receive a response from the school administration or are not satisfied with the parents, you can also contact the regional education department or the police.

In the latter case, it is necessary to submit statements containing information about the crime being prepared or committed.

General description of unpleasant situations in the educational process

Teachers who kick children out of class for bad behavior, take away phones, publicly read personal correspondence, give a low grade simply because the child was absent from class or did not arrive on time, forget that they are breaking the law.
Parents often have to deal with the fact that their children complain about the actions of teachers. Your initial task should be to protect the interests of your child and defend his rights. But! It is also important to keep a line and not quarrel with the school administration out of the blue. It should be noted that recently the level of legal awareness of both school teachers, students, and their parents has noticeably increased, and this is good. However, situations where teachers use non-pedagogical methods still occur. Particular care should be taken when applying illegal measures of punishment and education.

As stated in the Law “On Education”, a teacher has the right to choose and use teaching and educational methods at his own discretion. The most important thing is that pedagogical boundaries are not violated.

We cannot ignore the fact that children are different, each child has his own character and upbringing. But one thing is for sure, the use of violence, whether physical or psychological, is strictly prohibited. Many parents are interested in what to do if a teacher hits a student? Under no circumstances should such incidents be ignored. This can happen again, and most importantly, negatively affect the child’s psychological state and lower his self-esteem.

How to submit an appeal?

There is no specific form for writing a complaint; its text is written in any form, indicating the contact information of the applicant (anonymous applications are not considered) and a statement of the circumstances of the incident, as well as evidence confirming these circumstances.

A period of 1 month is provided for consideration of such a complaint. The result of such consideration is a reasoned response.

Source of the article: https://worldschooluniform.ru/articles/obrazec-zhaloby-direktoru-na-uchenika-ot-roditelej/

Complaint against a school student

Complaint against a school student. During the child's stay at school, the head of the school and the teacher are responsible for his life and health. Teachers must monitor discipline and ensure the safety of children: so that dangerous objects do not fall into their hands, so that children do not harm themselves and others.

The exact amount of time a teacher should be with students is prescribed in the charter of each school. Most often, as in your school, according to this document, the teacher’s work time begins 20 minutes before the start of school hours and ends 20 minutes after the end of the last lesson. But it must also be stated that teachers teaching the last lessons must monitor the children until they leave school. If these are junior schoolchildren - until their parents pick them up, even if the latter are delayed not by 20 minutes, but by an hour or more. If a teacher leaves a student alone and something happens to him at that time, he and the school director will bear full responsibility for this.

Teachers are responsible for failure to perform or improper performance of their duties in the manner and in cases established by federal laws.

What is the punishment?

If, for example, a teacher hits a small child on the head, she may face criminal charges. And the punishment will be appropriate. Article 116 of the Criminal Code of the Russian Federation (beatings) in the absence of bodily injury contains the following sanctions:

arrest (up to six months, no more);
compulsory work (360 hours);
correctional labor (six months, no more);
fine (up to 40 thousand rubles).

If circumstances aggravating the punishment are revealed in the teacher’s actions, then he will face:

compulsory work (360 hours);
correctional labor (no more than 12 months);
suspended sentence (2 years);
forced labor (up to 24 months);
arrest (six months);
imprisonment (up to 2 years).

For intentionally causing moderate harm to a child, he faces serious punishment under Article 112 of the Criminal Code of the Russian Federation:

forced labor (up to 36 months);
suspended sentence (up to 3 years);
imprisonment (up to 3 years).

In addition to criminal liability, teachers face disciplinary action and dismissal. Additional factors may influence punishment:

hatred of the child;
national, racial or political hatred.

These two circumstances could result in the teacher receiving actual prison time for his actions.

Complaint against a school student

To the director of MAOU “Duplex”, Perm, Galina Sergeevna Grigorenko Address: Perm, Tolmacheva St., 18 from Artem Aleksandrovich Rusinov, student of 1st “A” class (student’s full name) tel: +7-___-___-__-__

On March 13, 2021, in the school building during recess, three classmates (Bogdan, Ilya, Victor), in the presence of other students and a teacher, repeatedly publicly insulted my son with humiliating nicknames, saying that he had a girl’s pencil case, etc. After which, the teacher took no action. As a result of repeated, daily humiliation and insult of my child. He refuses to attend school, freaks out, worries, roars - raising his blood pressure, and as a result his nose bleeds, and experiences physical and moral suffering. These classmates repeatedly exert moral and psychological pressure on my child. Bogdan, Ilya, Victor commit illegal actions due to the lack of proper education and parental control, as well as control by the teaching staff of school No. 84.

Using my constitutional right, if there is no result on my application, I reserve the right to appeal to the prosecutor’s office with a complaint against the students’ parents, and subsequently to the court for compensation for moral damage.

In accordance with Part 1 of Art. 5.35 of the Code of Administrative Offenses of the Russian Federation, I reserve the right to file a complaint with the police against the parents of students.

If there is no result on the part of the teacher (complaint against the teacher) and the school director, I reserve the right to contact the Department of Education of the Perm City Administration with a complaint about inaction.

take the necessary measures to resolve this situation

Source of the article: https://law-raa.ru/zhaloba-na-uchenika-shkoly.html

Is physical punishment possible for a student?

The Education Law states that physical or psychological punishment of a student is unacceptable. Even if a child behaves inappropriately and uses physical violence against the teacher, the teacher has no right to respond in kind. If an adult allows himself to slap, hit, grab the hand or apply psychological pressure on a troublemaker, he will bear disciplinary, civil, and often criminal liability for his actions.

Parents can contact authorities and provide evidence of physical abuse of the child. Then the teacher will find himself in a difficult position. Based on this, the teacher has many responsibilities, but his rights are limited. He must find a different approach to a student who expresses a negative attitude towards an adult. But hitting a child is absolutely ineffective and even contraindicated!

But again, all this is life and most of the teachers I know do not act as required by law, they beat children with notebooks. Many have come up with an excuse, saying that Makarenko bequeathed: if the theory of emotional outcry does not work, then physical punishment is inevitable.

This requires a detailed analysis of the situation. If a teenager shows aggression, then there are reasons for this and you need to understand them, and not yell like a victim, hit them with notebooks, or give bad grades.

What the law says

The Law “On Education” establishes humanism and the priority of values generally recognized by society as the basic principles of teaching: health, self-expression, personal development.

In addition to the right to life, freedom of speech and education, the Constitution of the Russian Federation confirms the fact that a person’s personality is protected by the state and no one has the right to humiliate human dignity .

The “Model Regulations on an Educational Institution” of the Government of the Russian Federation states that every student claims to be treated with respect , his views and beliefs, which he has the right to freely express.

Educational programs should pursue the goals of developing the child’s personal qualities in accordance with his natural abilities, effective interaction with the teacher and peers, and respect for free self-expression.

Assault at school is regarded as intentional harm to health. The severity of the injuries determines under what article the offender will be prosecuted.

Thus, there are a number of legal provisions on beatings and beatings:

Art. 111 of the Criminal Code of the Russian Federation records the intentional infliction of grievous harm to health, which entails loss of vision, hearing, body parts, acquisition of psychological trauma or disability;
Art. 112 of the Criminal Code of the Russian Federation establishes intentional harm to health of moderate severity;
Art. 115 of the Criminal Code of the Russian Federation indicates intentional infliction of minor harm to health;
Art. 116 of the Criminal Code of the Russian Federation is applied in cases where beatings do not cause direct harm to health, but are only the cause of painful sensations (beatings);
Art. 117 of the Criminal Code of the Russian Federation suppresses systematic assault (or torture).

Torture is considered to be the systematic infliction of physical or mental force, which does not entail the consequences fixed by Art. 111-112 of the Criminal Code of the Russian Federation.

The punishment is tougher in cases where the crime is committed against a minor, poor, helpless person, or a person taken hostage.

Those who commit beatings and torture based on considerations of superiority - political, ideological, racial, religious, etc. are also strictly punished.

Moreover, in Art. 63 of the Criminal Code of the Russian Federation states that the guilt of the offender is aggravated if the harm was caused to the child by a person obliged to raise him and protect his rights in accordance with Art. 64 RF IC. These are considered to be parents, teachers, doctors, guardians and other legal representatives.

If a teacher hits a student while intoxicated by drugs or alcohol, this is also an aggravation of the offense, increasing the sentence.

How to file a collective complaint against a child at school if the student violates standards of conduct

Author: Victor, editor-in-chief. Economist. More than 15 years of experience in finance. Date: May 24, 2021. Reading time 5 minutes.

A school is a community with its own rules and certain responsibilities. When a student ignores generally accepted norms of behavior and violates the educational process, parents of other students may file a complaint against him, including a collective one.

When sending a child to kindergarten or school, every parent hopes that their son or daughter will feel comfortable not only studying, but also communicating with classmates. However, we must take into account that families are all different and, accordingly, children too. And if there is a bully in the class whose behavior constantly interferes with the educational process or offends the children, then a complaint against the student from the parents of the affected students will help resolve the issue. Such an appeal can be submitted both individually and collectively.

How to behave with a child?

Any lawyer can tell you how to deal with an offender, but few can advise you on how to behave with your child after such situations. However, there are a number of actions that can be applied not only to children suffering from ridicule, they will also be useful for an ordinary child to acquire communication skills and interaction with others. Let's look at them in detail:

Section classes, team sports. By sending your child to a sports club, you can help your child make new friends and master skills that are necessary in the modern world. Team sports will teach him communication and show him what it means to work as a team. If a child does not have a predisposition to physical sports, then enroll him in a chess section or a robotics school, this will teach him strategic and logical thinking;
Chat with friends. If a child has friends outside of school, then you should not prevent him from communicating with them. It is better to help children spend time together having fun and interest. Positive communication experiences help children cope with troubles at school and learn to perceive life’s difficulties with humor, no matter whether they are in contact with real interlocutors or with friends on social networks;
Selection of literature and films appropriate to the occasion. If you show a child how the heroes of films and books cope with ridicule, not only will hope for the best settle in him, but also ideas for resolving conflicts will be born;
Contact a psychologist. Classes with a specialist in child psychology will help the child acquire the communication skills necessary in adulthood and get rid of complexes in their infancy. You should make the decision to visit a psychologist together with your child, and if the child absolutely does not want it, then do not force him;
Transfer to another school. This is an extreme measure and is not recommended. The fact is that it will be even more difficult for a child to adapt to a new team than to establish relationships at the old school. Consult with your child and if you don’t see any other way out, then resort to this option.

Regulatory framework

The document regulating the legal status of a school student is Federal Law No. 273-FZ of December 29, 2012 “On Education in the Russian Federation.” This regulatory act contains the rights, obligations and establishes the responsibility of the student.

Student rights

choice of educational institution and form of education;
respect for human dignity, protection from violence and insults;
free use of educational institution resources for educational purposes (libraries, laboratories, sports equipment, etc.);
familiarization with the documentation of the educational organization (for example, the charter);
selection of additional classes offered by the educational institution;
transfer to another educational institution;
development of your abilities and preferences (participation in olympiads, competitions, quizzes, competitions, exhibitions, etc.);
encouragement for success in studies, sports, creative and scientific work;
rest according to the approved schedule (vacation time).

The rights of the student are disclosed in Article 34 of Federal Law No. 273-FZ.

Duties and responsibilities of a child at school

According to Article 43 of Federal Law No. 273-FZ, the student is obliged to:

comply with the internal regulations of the educational institution and its charter;
take a responsible approach to mastering the curriculum, which means attending classes and doing homework;
develop morally and physically;
show respect to students and teachers;
preserve the property of the educational organization, etc.

For violation of duties and discipline, various forms of responsibility can be applied to an inadequate student, up to and including expulsion from the educational organization. Such an extreme measure is permissible in relation to a student who has reached the age of fifteen, taking into account the opinion of his legal representatives and the commission on juvenile affairs.

Attention! The application of punishment for violations to primary school students and children with health problems (mental retardation and mental development delays) is illegal.

Deduction is applied for multiple violations of duties when all other methods of influence did not lead to the desired result. That is, the student continues to misbehave, makes threats to other students, does not respond to comments from the class teacher and teachers, school management (principal, head teacher), does not change bad behavior, beats classmates, disrupts lessons, students, their parents and teachers constantly complain about him.

Important! Maintaining appropriate discipline in an educational institution should be carried out on the basis of mutual respect between students and teachers. The use of any type of violence against students is strictly unacceptable.

One penalty is applied for one offense. In addition to expulsion, the offender can be given a reprimand or reprimand. Punishment cannot be given when a student is sick or on vacation.

Disciplinary liability can be brought within a month from the date of discovery of the offense and no later than six months from the date of its commission. Before applying a penalty, an explanation is taken from the student, and if there is none, then a report is drawn up. In this case, the application of the penalty is not suspended.

The procedure for applying disciplinary measures to a student is regulated in detail by Order of the Ministry of Education and Science of Russia No. 185 of March 15, 2013.

Rice. 2. Conflict during recess

Complaint about a student

The reason for applying disciplinary measures may well be a collective complaint against a child at school, prepared and filed by the parents of other children studying with such a bully. Usually its appearance is preceded by repeated conversations with the violator of the educational process and order, his parents (legal representatives), which ultimately led to nothing.

Grounds for filing a complaint

Reasons to complain about a student are:

inappropriate behavior and actions (walking around the classroom during a lesson, periodically shouting without responding to the teacher’s comments, deliberate damage to furniture, etc.);
constant violation of discipline and established rules, which interferes with the educational process and the learning of the material by the class;
mistreatment of teachers and students (threats, insults, obscene language);
fights with school students and so on.

The grounds for writing a complaint, as a rule, are those issues that cannot be resolved verbally with the help of the class teacher or the bully’s parents. The solution may be to file a complaint from parents to the school principal about an uncontrollable student. In some cases, it will not be possible without the participation of the police (for example, a child was beaten by a hooligan student and caused harm to his health).

What to write in a complaint against a bully student: sample

In a complaint against a violator of school discipline and the normal life of the team, it is necessary to indicate:

name and address of the school or department of education, details of the director;
information about the applicant (last name, first name, patronymic, relationship of the student, address and telephone number);
data of the injured student (last name, first name, patronymic, class) or students or teacher;
details of the student (last name, first name, patronymic, class) about whom the complaint is being written;
the essence of the complaint (description of the incident) and what the applicant requires;
date and signature of the applicant (or applicants, if the complaint is written jointly by several parents).

The complaint is written with restraint, without emotion or insults. The description of the essence is made briefly, in chronological order, without speculation. If there are any supporting documents or materials regarding the essence of the appeal, they are attached in copies (for example, a certificate from a medical institution about recorded beatings of a child, video footage of a fight, etc.). You can use the existing sample complaint against a bully student by inserting your data and describing the problem.

When the application is not resolved on the merits either by the director of the educational institution or by higher management, you can contact the prosecutor’s office at the location of the school. In case of personal reception, the applicant will be asked to fill out a standard complaint form.

Form for filing an individual and collective complaint against a student from parents

You can complain about a student either individually or collectively. The first case is used when one student has suffered from an uncontrollable student, the second - if the actions of a bully threaten to disrupt the educational process of the entire class, or damage is caused to several persons.

You can file a complaint against a student:

at a personal reception with the director, education department employee, prosecutor;
leaving an appeal at the reception of the director (head of the education department, prosecutor);
by sending a registered letter with a complaint (ordinary or with acknowledgment of delivery).

The first option is the most preferable, since they will offer to supplement the application with their own explanations and details. Below is a sample of a collective complaint against a student from parents.

Source of the article: https://yakapitalist.ru/zhaloba/zhaloba-na-rebenka-v-shkole/