The Professor
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- Mar 4, 2011
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The teacher's aide tried to mark across the t-shirt logo most likely with some marker.
Of course, you probably think some teacher and her aide trying to touch a 16 year old female's chest area over a t-shirt isn't assault. If some boy in the class grabbed her chest area over the shirt.....he'd be going to jail.
She was physically assaulted?
Witnesses confirm that this is what happened? A physical assault?
What some states call an assault others call a battery. In some states a battery is defined as a unprivileged harmful or offensive touching, and an assault is a threat or attempt to commit a battery. I know of cases where being squirted by a water pistol was considered to be a battery because it was offensive (although not physically harmful) to the plaintiff. In the present case, clearly a battery (or an assault, depending on the jurisdiction) was committed because the act was considered "offensive," however, I doubt the plaintiff can demonstrate a million dollars worth of offense.
PS: There is a difference between a tortuous assault (a civil matter) and a criminal assault. I would be astonished if the teacher faces criminal charges.