The teacher bullied by a student has the right to be compensated by the terrible boy and by his parents, who are jointly and severally obliged to pay him back. This was established by the civil court of Sondrio, called to rule on a concrete case: the request for financial compensation presented by a former teacher of technical subjects humiliated and harassed on several occasions by a reckless pupil, a student of thepublic vocational institute Fossati, who came of age in the course of the case. To the teacher, put in the position of not being able to give lessons, mum, dad and son will have to pay 14,500 euros for the moral damages inflicted and reimburse the court costs. The behavior held in class by the adolescent was considered suitable to widen the professor’s suffering, because it was staged in front of the audience of his classmates, and to reverberate in the workplace.
The professor was targeted by one of the students of a second, 17-year-old. On four occasions, in the 2015-2016 school year, the minor had crossed the line. The most striking episode had ended up in the newspapers. The student had badly earned a bad grade, reacting very badly. Insults and blasphemies. The sheet with the insufficient exercise thrown in the face of the teacher. A shove and the teacher’s glasses flew off. Twenty seconds of profanity and disrespectful and aggressive acts, taken on a cell phone by a friend, posted on Facebook and left online for a few hours. From here and from the other intemperances the criminal complaint and the civil case, recently reached the conclusions of degree.
Swabs and vaccines: the return to class. But not for everyone
by Ilaria Venturi, Corrado Zunino
The teacher under fire had then left teaching and now works for the Ministry of Economic Development. The student, “alone” suspended from the institute and not expelled, had withdrawn from school. Criminally prosecuted, for private violence and threats, he obtained from juvenile judge the test, a re-educational path marked by activities and commitments. At the end of the recovery project. if the evaluation is positive, the crimes of which he is accused will be extinguished.
The boy’s family had offered the teacher 10 thousand euros to close everything. The professor refused them and went ahead, assisted by the Saronnese lawyers Giuseppe D’Elia e Marta Gilli. He asked the court to sentence the former pupil and his parents to pay him 26 thousand euros to compensate for moral damages and decided not to accept the lower amount proposed in the attempt at conciliation, 14,500 euros. Years later, having won the case, the same sum was finally recognized. The civil judge Maria Federica Minervini he recognized the responsibility of the student as well as that of the mother and father, hinging on their duties as educators. The sentence, having explored the technical question of the “guarantee position”, recalls a series of pronouncements on the subject of the Supreme Court. “The criteria on the basis of which the responsibility for the unlawful acts committed by minor children – including those close to the age of majority – should be attributed to parents, consist both in the power and duty to exercise supervision over the behavior of the children themselves and, also and above all, in the obligation to carry out adequate training activities, giving them the education to respect the rules of civil coexistence, in relations with others and in carrying out extra-family activities “.
School, in Italy more than half of teachers will retire in the next 15 years
by Ilaria Venturi
The lawyer Giuseppe D’Elia, alongside the prof in these years of legal battles, defines the sentence as “fairly balanced” and premieres: “The judge has understood the gravity of the situation”. But his is not a full satisfaction: “The whole complexity of the story was not grasped, despite the recognition of what the professor suffered, forced to change jobs and life plans. The events took place not in a neutral place, but in a school. And in this environment, unlike what happened, teachers should be protected and children should behave even more respectfully than outside “. The institute’s leaders, according to the lawyer, “did not do enough to protect the teacher”. To solicit a punitive intervention, and to avoid that it continues to be minimized, “the Ministry of Education was informed and interested by us”. The boy’s lawyer, Cristina Gotti, prefers not to comment on the court’s decision, nor to anticipate whether or not it intends to challenge it. The colleagues who follow the professor take it for granted that we will go on appeal.
.