Disgusting, yes. Criminal, no.

Jim | Kansas | Thursday, July 28th, 2005

Teen charged after vomiting on teacher

Updated 28 July 2005: Vomiting student sentenced. Details at bottom of post.

Officials at Olathe Northwest High School (Olathe Unified School District) have brought criminal battery charges against a 17 year-old student. His crime? Vomiting on a teacher.

A high school student who vomited on his Spanish teacher has been charged with battery against a school official. The misdemeanor charge was filed Monday against the Olathe Northwest High School student.

The 17-year-old boy was charged as a juvenile and his name was not released.


Vomiting on somebody is disgusting but is it a crime? How do you prove “intent to vomit”?

The boy says he was overstressed from exams. The teacher said he did it intentionally. If convicted he could be imprisoned for up to five years but would most likely be given probation.

In addition to a criminal sentence the prosecutors also want an apology. This is the only reasonable item in this story. Of course the boy should apologize. He should have apologized as soon as he stopped heaving.

But why in the world would they pursue a criminal battery charge against this student? Can’t they overreact in the normal scholastic fashion? Oh, wait. They did that too.

The father said the district expelled his son and recommended he enroll in an alternative school in the fall.

Contact information:
Principal Dr. Gwen Poss
Board of Education President Dr. Debora Daniels
Board of Education Vice President Dr. Bob Drummond
Board of Education member Kevin P. Gilmore
Board of Education member Rick Marriott
Board of Education member Harlan Parker
Board of Education member Linda Wilhelm

(Tip credit to Amy, BAlferow, Audrey, Bob, Shreela, and Opinion Journal)


UPDATE 28 July 2005

Teen Who Threw Up on Teacher Sentenced

The student who vomited on his teacher has been sentenced to four months of cleaning vomit out of police cars. I wonder just how this will work. Will he be “on call” whenever a vomit strewn patrol car is returned to the garage? How many vomitized police cars do they get in a four month period?

Johnson County Magistrate Judge Michael Farley said during the sentencing Tuesday that he considered the boy’s actions “an assault upon the dignity of all teachers.”

No, it was an action that involved a single student and a single teacher. Judge Farley seems to have been putting on airs. I hope his grandioise vision of universal teacher disrespect wasn’t reflected in the sentence.

Although the student testified that he was stressed and ill from final exams two fellow students testified that he had told them of a plan to vomit on the teacher beforehand. The teacher himself had a different perspective.

[Teacher David] Young said the student, who was failing his class, made no effort to avoid throwing up on him. “I was just sort of stunned,” he said.

I myself wouldn’t equate “made no effort to avoid” with “did this intentionally”. I guess in Johnson County “failure to avoid” is a genuine crime.

(Tip credit to David Ferrell, Shadowe, Orac, Brian Wagner)

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