Appeal from the Order of the Court of Common Pleas of Lycoming County, in case of Dennis Edwards, a minor, by his Guardian, Vernon Edwards, No. 72-0863.
Ambrose R. Campana, with him Campana & Campana, for appellant.
Clyde E. Carpenter, Jr., for appellee.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Blatt.
On March 8, 1972, Dennis Edwards (Edwards) was suspended from school by the principal of the Jersey Shore Senior High School (School). His parents were notified of the suspension by letter dated that day, and were later advised that the School Administration had decided to expel Edwards and that a hearing would be held by the School Board if requested. Such a hearing was held, and the School Board then ordered Edwards suspended for the balance of the 1971-1972 school term. An appeal was properly filed with the Court of Common Pleas of Lycoming County pursuant to the Local Agency Law, Act of December 2, 1968, P.L. 1133, 53 P.S. § 11301 et seq. McDonald v. Penn Hills Township School Board, 7 Pa. Commonwealth Ct. 339, 298 A.2d 612 (1972). The lower court affirmed the suspension with the condition that the School District "continue to provide the said plaintiff [Edwards] with homebound or tutorial instruction for the remainder of the school year, and that he be afforded an opportunity
to complete other academic prerequisites to advancement."
It appeared that Edwards and some other boys had returned to class late from an assembly program. The teacher then present, Mrs. Nedra Cox (Mrs. Cox), had previously experienced disciplinary problems with Edwards, and, when he and the other boys caused a commotion on their return to class, she reprimanded them. Edwards said that he then looked at Mrs. Cox with what he termed a "smile," which she considered an "insolent grin," and she ordered him to go to the principal's office. He, however, remained seated. She went back to his seat, slapped him, pulled him up and started pushing him toward the door. Edwards testified that she continued to slap him on the back of the head as she pushed him toward the door, but Mrs. Cox contended that she only slapped him once more because he was resisting her. In any case, when Mrs. Cox slapped Edwards this last time, he turned and hit her with the back of his hand. The blow was sufficient to cut the inside of her mouth and she required medical attention. Striking Mrs. Cox was the reason given for Edwards' suspension.
Our scope of review in an appeal brought pursuant to the Local Agency Law when, as here, the lower court has held a de novo hearing, is to affirm the order of that court unless we find that it is in violation of the constitutional rights of the appellant, or that the court manifestly abused its discretion or committed an error of law.
Edwards takes the position that the actions taken by Mrs. Cox amounted to an unjustifiable assault and battery and, therefore, that his [Edwards'] actions should be excused. We disagree.
The lower court found that Mrs. Cox was struck during a justified attempt on her part to remove Edwards from the ...