July 30, 2001
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A trial that shouldn't have been


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Dave Uphoff



The trial of Fieldcrest school teacher Judy McNamara ended this past week with her conviction on two counts of battery. She was convicted of slapping a student during half-time of a basketball game in January 2000. This has been an emotionally charged trial in which Ms. McNamara had both supporters and detractors in this community. It is unfortunate that the event that started this trial occured and that it had to result in a media event as well.

I am not personally acquainted with Ms. McNamara and I am not qualified to judge her guilt or innocence. Best Replica Watches A Woodford County jury did that last week. From conservations with people in the community, it appears that everyone wonders why the Fieldcrest school admininstration and school board were unable to prevent this case from going to court.

Perhaps the trial was due to the fact that we are living in a more litigious society today. Things are settled in court rather than through negotiation or compromise. No wonder our court system is clogged today. Also, the school system has to deal with a different set of standards today.

When I was in high school back in the 50's students were slapped and even occasionally punched. In fact, I have to admit that I was slapped real hard by a student teacher in study hall for throwing a paper wad in a waste can. Another time I was grabbed by the hair by a school administrator who held my head back over a chair until I would admit that I rang the fire bell in the school. I did not admit to it. Someone else rang the bell but no apology was forthcoming from the administrator.

Both of these events went no further than the school. My parents knew about the incidents but did nothing about it.

I am not saying that it was right for those teachers years ago to physically abuse a student anymore than it is now. The difference is that years ago physical intimidation was more acceptable than it is today. No longer can a teacher rap a student on the knuckles with a ruler if the student cracks his gum in class. Students see enough violence on television. They do not need to see violent behavior in the classroom as well.

From being slapped myself in school I can identify with how the student may have felt. In my case, I felt embarrassed and my dignity and pride were dealt a real blow. It is not the physical aspect that hurts, it's the emotional hurt that really stings.

There are many questions about the Judy McNamara episode. Audemars Piguet Replica Watches Why couldn't the school work out a compromise that satisfied both Ms. McNamara and the plaintiff in this case? Was this an isolated event or was it the latest in a series of reported physical intimidations? If there were similiar offenses reported to the school in the past, was she questioned or warned by the school administration?

Today's teachers really have to walk a fine line when they try to enforce discipline. This problem is compounded when a teacher must try to discipline a student who receives no discipline at home whatsoever. I have some school teacher friends who retired early partly because they couldn't handle the stress of attempting to discipline students who adamantly refused to be disciplined.

On the other hand, has the Fieldcrest school district and its MDR predecessor condoned physical intimidation by teachers over the years? I have no experience in other school systems to know if our school system is different from others.

In any event, the school administration must ensure that a Judy McNamara case does not happen again. The school must be responsive to student allegations of physical abuse and attempt to nip it in the bud before it gets out of hand. Also, if there are repeated accusations of abuse the school should attempt to determine if the accused teacher has a problem in dealing with anger. If it is determined so, the teacher should be required to undergo therapy to correct the problem. If the teacher continues to be accused of physical abuse and the charges can be substantiated, the teacher should be fired.

Conversely, the teachers should not have to continually deal with a combative and unruly student. If a student continues to defy authority and is disruptive in the classroom, the student should be expelled from school.

Ms. McNamara could receive up to 5 years in jail and a $25,000 fine. I cannot understand how a person could possibly get up to five years for slapping someone.

While punitive action is required, I see no rehabilitative benefits from a jail sentence in this case. Rehabilitation in the form of therapy is much preferable. Ms. McNamara has been and still can be a productive member of society and is definitely not of a criminal nature. Hopefully, lessons have been learned and episodes of this nature will not be repeated.

I will always wonder if just a simple apology could have avoided this whole mess.

To reply to this editorial please send your comments to duphoff@minonktalk.com. Only letters with a valid signed name will be published in the email section.