Girl refused bathroom pass may sue teacher

The Miami Herald ^ | June 9, 2002 | Sofia Santana <ssantana@herald.com>

[mvpel]

An attorney for a Ponce de Leon Middle School student has filed notice to sue the girl's math teacher and Miami-Dade County Public Schools because the girl says her teacher refused to let her use the bathroom and forced her to have a bowel movement in class.

The suit seeks unspecificed damages for humiliation that seventh-grader Sophia Gutierrez said she suffered, Coral Gables attorney Jason Setchen said.

Sophia, 14, says she had a stomach ache April 24, but her teacher, Edwin Victor-Louis, did not give her a bathroom pass. Sophia says she asked several times and told Victor-Louis it was an emergency.

Sophia also says Victor-Louis humiliated her in front of the class by saying: ``If you can't hold it, you should be wearing Pampers.''

MOTHER FURIOUS

Sophia's mother, Judith Gutierrez, was furious when she heard her daughter's story.

She says she wanted Victor-Louis to make a personal apology to Sophia in front of the class. But that never happened, the family says. Gutierrez went to the school and talked to one of the vice principals, demanding the school apologize as well. Her request was not taken seriously, she said.

''I was totally upset by this,'' Gutierrez said. ``My daughter has never had a conduct problem. The teacher had no reason not to believe her if she said she needed to use the bathroom for an emergency.''

Officials with the United Teachers of Dade say that Victor-Louis, a union member, will be defended by school district attorneys even if she also is named individually in the suit.

Victor-Louis did not return phone calls seeking comment.

FEELS UNCOMFORTABLE

Sophia, who had a B average for academics and A's and B's in conduct on her last report card, says she has been uncomfortable at the school since the incident and has missed more than 12 days.

School officials say that Victor-Louis, who has been teaching for more than two years, has a complaint-free record.

Ponce principal Manuel Garcia says teachers at Ponce can give bathroom passes during class at their own discretion and for emergencies.

He added that some teachers are more strict with passes because some students use them as an excuse to get out of class.

''If the parents prevail, it could force the district to become more responsive to parents,'' said Bernard Perlmutter, director of the Children and Youth Law Clinic at the University of Miami Law School. ``[A student suing their teacher] isn't unprecedented. I've never heard of a case like this in Miami-Dade, but we're the fourth-largest school district, so I wouldn't be surprised if it has happened before.''

[mvpel]

Even murderers in solitary confinement don't need to beg permission from their jailors to answer nature's call.

[Jon Geb]

I once had a teacher deny me a visit to the restroom. I told him, you either give me a pass or I am walking out. He gave me the pass.

[WIMom]

      

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[CROSSHIGHWAYMAN]

Students need to be more assertive. By 7th grade any person in need of the bathroom facilities need not get permission for an emergency.

If a teacher physicallly interferes.........then arrest and or a lawsuit is justified. In any case, I would dismiss this teacher, union jerk or not!!

[Don Myers]

This teacher will be looking for another job.

[CA Conservative]

I'm sorry, but classes are only 50 minutes long - She must have had to go when she went into class. Why didn't she go between classes? That would have made sense. While the teacher should have used more common sense here, a lawsuit is not justified.

[chiefqc]

Let me see if I have this correct:

The taxpayers pay the saleries of the teachers and the bloat school system, and then they expect to have some say and accountability from the teachers and the school system.

Boy, these taxpayers really have some nerve, don't they know that the overpaid school system demands that they are accountable to no one.

It's a shame that this girl did'nt sh** on the stupid teachers desk, or better yet in his car with the windows closed.

[FreeTally]

The original story went into more detail. I believe the girl had a stomach illness or something.

[Amelia]

You people have obviously never taught school. If teachers let every student leave the room to go to the restroom at will, it would be impossible to conduct class, and some students would spend all their time in the restroom.

On the other hand, generally it is fairly obvious if the student is in actual distress. Not having been there, I can't tell for sure what happened in this case (and of course, neither can any of you.)

[lsee]

NOTHING could have forced most kids to actually have a bowel movement in class unless someone physically restrained them. Even a timid kid could have run out of the classroom at any time if it meant avoiding such an embarrassing accident. Even in this day and age, I doubt the door was locked. Run first and answer questions later, I always say! I can understand the girl's fear of his authority, especially if he humiliated her with the Pampers remark, but really! Someone needs to stand up for her and then remind her of her own responsibility in that situation. Teacher needs a reprimand and needs to apologize for being such a petty tyrant. Girl needs some personal confidence! The rules are there to prevent needless disruption of class, not to cause someone to actually soil themselves.

[F16Fighter]

Shall we now have bladder monitors attached to the students?

This teacher's @ss is grass, AND the school will be coughing up big-time.

[another cricket]

You missed this, didn't you?

Sophia, 14, says she had a stomach ache April 24, but her teacher, Edwin Victor-Louis, did not give her a bathroom pass. Sophia says she asked several times and told Victor-Louis it was an emergency.

Sounds like she was sick which means sometimes you can't wait. Your body is intent on getting rid of whatever toxins is making it ill and it is going to do it right now.

a.cricket

[bvw]

When you gotta go you gotta go. We don't want our schools turning into EST classes.

I remember a high school girl who was shamed by wetting her pants in class when the teacher refused her a bathroom pass -- she was a quiet conscientious student. She just had to go *then*, but the mean and overly-strict teacher (known to break rulers over kids heads -- and then make them pay for it) would not allow it.

[dvwjr]

I have to agree. People have become so conditioned as to ask permission for everything in our society. The obediance training starts in public schools. The young lady should have had the sense just to go to the head, and deal with the permission factor later. Sometimes common sense has to over-ride the authoritarian streak. If you stay that timid all your life, people who have no business doing so will tell you what to do for the rest of your life...

[Sir Percy Hot Spurs]

she should have taken the DUMP on the teacher's desk and rubbed her nose in it...Sir Percy Hot Spurs

[dvwjr]

Funny you should mention "EST". I have some relatives who "attended" and EST seminar. I had no idea what it was when they mentioned it. So I looked it up, and found out all about the silly mind/body control "games" that the EST "leaders" play. I couldn't believe any mature adult would willingly pay and put up with such nonsense. From what I understand the object is to get the suckers to agree to say that "They get it". No bathroom breaks are part of the cult control. Silly rabbits. They sound like this poor girl who fundamentally did not realize that life does not consist of asking permission to live your life.

[tracer]

Flight-attendants-with-attitude: note well....

[MASShole fever]

It sounds like this girl has some underlying issues! If I were ever in such a situation, you can be sure I'd just get up and leave. Someone needs to teach her some assertiveness! You need to be able to stand up for your own rights. Welcome to the real world.