Kristin Whitley
Maura Thompson
03/18/13
Court Case 7
GREGORY GORDON et al., Plaintiffs-Appellants,v.OAK PARK SCHOOL DISTRICT No. 97, a/k/a SCHOOL DISTRICT No. 97, Defendant-Appellee.
No. 59409.
Illinois Appellate Court — First District (3rd Division).
November 7, 1974.

Background:
Plaintiffs appealed from an order of the circuit court of Cook County granting summary judgment in favor of defendant. Gregory David and Tobey Lynn Gordon were students at Emerson School, a grammar school in Oak Park School District No. 97. They filed suit against the district claiming that, through its teachers, board members and officials, maliciously and intentionally abused, attacked, hit, embarrassed, intimidated, and harassed them. The students said their teachers did things like breaking their crayons; marking x’s on their papers, grabbing them by the nape of the neck, and striking on the head. Pleadings were stricken twice but, in 1972, were allowed to file an amended complaint. Trial court granted defendant’s motion for summary judgment.
Decision/Rationale:
A summary judgment was granted to the School district because the plaintiffs failed to provide proper evidence that the teachers had treated them maliciously. At the end of the hearing it was determined that the only physical act that they encountered by the teachers were the incidents in which they were given corporal punishment, in which the teachers were authorized to implement when the child was misbehaving. The School District also provided proof that the teachers were not malice in their acts against the students, as school records were shown that prove the teachers concern for the student’s academic well-being.
Implications:
When children are misbehaving or doing poorly on assignments in the classroom, it is very important that the teacher properly record these things for reasons such as this one. They should record why they did certain things they did and what the child did to receive the punishment or poor grade. This will cover the teacher when questioned as to why the child may be saying they physically abused them or acted out in malice against them.
Test Question:
True/False
___ A teacher, standing in loco parentis, has the right to inflict corporal punishment so long as such action is reasonable under the circumstance.