During an exam, Professor Chris Pines approaches a student with a paper in his hand and says “Stop cheating!” She uses a book to swat the paper out of his hand, and the student ducks to avoid the contact. The book scratches the cornea of his eye, and results in a permanent injury. The student gets up to leave, and Professor Pines block the only door to the room, saying “If you leave now, you’ll get a zero on this test!” Discuss the potential causes of action that the student has against Professor Pines. Explain fully the elements of each and any defenses the professor might raise.

Question

What will be an ideal response?

Answer 1

The student may bring a civil action against Professor and the educational institution in several counts based on tort law. The intentional tort of slander may be alleged in that the professor orally published an untrue statement of fact regarding the student’s character. The student must prove actual damages. The professor may raise truth as a defense to this defamation action. The student may allege that professor committed the intentional torts of assault and battery. The assault was intentional conduct (swatting with a book) that created fear and apprehension in the student. The battery was the actually touching of the student with the book. The professor may defend by alleging that the contact was not intended to be with the student, but with the paper. The student may allege that the professor committed the intentional tort of false imprisonment by blocking his exit from the classroom. The professor may defend by stating that the student could have exited the room by going around the student. The educational institution may be named as a defendant that it was negligent in the hiring, training or retention of the professor. It may also be named because as the employer it is vicariously liable for the torts of its employees committed within the scope of employment. It may allege that the professor’s behavior was outside the scope of employment, and that it had no prior knowledge of the professor’s propensity for such tortuous conduct.