"I can't fight back or I will get in trouble." These words have been echoed repeatedly during The Kindness Objective workshops, shared by children who have experienced bullying and physical assaults in school. However, it's crucial for students and parents to understand: this is not lawful! School policies do NOT supercede the law.
While schools have rules and regulations to maintain order and safety, these rules cannot supersede an individual's legal right to self defense. Students, like all individuals, have the legal right to protect themselves from physical harm or imminent danger. This right is not suspended within the school setting and is protected under the law.
Let me say it again. Students, like all individuals, have the legal right to protect themselves from physical harm or imminent danger. This right is not suspended within the school setting and is protected under the law.
Students may use reasonable force to defend themselves against physical assault or threat of harm. This includes actions taken to stop an attack or protect oneself from ongoing physical aggression.
Schools have a legal and ethical responsibility to ensure the safety and well being of all students. This includes taking appropriate actions to prevent and address instances of bullying, harassment, or physical assault.
When schools fail to provide a safe environment, students should feel comfortable exercising their legal right to defend themselves.
That said, the use of force must be proportionate to the threat faced and justified by the immediacy of the danger to ensure that their actions align with the law. Students should act based on the perceived threat and respond in a manner that is necessary to protect themselves.
It's crucial for parents to assertively remind school administrators that they are aware of the laws and that the school's actions are in violation of those laws. We must promote self defense in order to combat bullying and raise children to be strong, confident individuals.
The Magic Wand Effect!
Oh, the magic of knowing your legal rights in self defense! Suddenly, the school's tune changes. When you confidently remind them of what the law says about your child protecting themselves from harm, it's amazing how quickly they start paying attention.
Your newfound legal prowess tends to make them think twice about their next move. It's like waving a legal wand! Suddenly, they're listening, they're afraid to infringe upon your rights, and they're maybe even reconsidering their approach. Knowledge really is power when it comes to self defense in school.
If you are in Tennessee and your child is facing disciplinary action for exercising their legal right to defend themselves, please use the sample letter below when addressing the school.
Dear [School Administrator],
I am writing to express my serious concern regarding the recent disciplinary actions taken against my child for exercising their legal right to self defense. It is crucial to emphasize that according to the law (Tennessee Code Title 39. Criminal Offenses § 39-11-611), individuals have the right to defend themselves from physical harm. Punishing my child for exercising this fundamental right is not only unfair but also violates the law. I urge the school to promptly correct this mistake and ensure that my child's rights are fully respected. Please provide a clear plan of action to address this issue and prevent similar unlawful disciplinary actions in the future.
Sincerely,
[Your Name]
If you are located in Tennessee, learn more about Tennessee Code Title 39. Criminal Offenses § 39-11-611.
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