The paper plane thrown during class is a pertinent symbol of student larrikinism and classroom misbehaviour. Even if a paper plane is interpreted as a 'remotely piloted aircraft' (unlikely, but possible), its miniscule weight would exclude it from any licensing requirements or permissions.

So the only obvious impact of throwing one (and being caught) would seem to be internal to the classroom/school; being a stern chastising, being placed on time-out or, in serious instances, receiving a more formal sanction such as a detention.

But in the rare scenario that the paper plane toss causes injury, the implications can be serious and may even attract civil or criminal penalty. For one US high school student, such serious implications have now become a reality.

The facts

In early January, a 74-year-old teacher from Andrews High School in South Carolina approached a school resource officer - also known as a law enforcement official in US schools. The teacher presented with a ‘very red’ eye, claiming he had been struck during class by a paper plane thrown by a student.

The teacher was told by other students that the culprit was E, a 17-year-old with whom the teacher had previous confrontations over his classroom behaviour.

The teacher was ‘very upset’ as he had recently undergone eye surgery and, feeling frustrated with E’s behaviour, felt that action was needed; communicating his intention to press charges against the student if he was responsible.

In a subsequent meeting with the resource officer and vice-principal, E admitted to throwing the paper plane but also stated that he had intended to hit his teacher in the head and not in the eye.

E was arrested and charged with a misdemeanour offence punishable by up to 30 days in jail and a fine of $500.

When asked if she felt E’s arrest was justified, the school’s Principal said that since this matter appeared to constitute an assault, it was 'law enforcement business', which the school shouldn’t be interfering with.

The legal issues

Generally speaking, any incident involving one person causing injury to another can have both civil and criminal implications.

Criminal law

The broad purpose of the criminal law is to punish and deter offences to the government in order to preserve the stability of the state and society. Merely because an offender is below the age of adulthood is of no consequence in most common law countries and in South Carolina, there is no minimum age of criminal responsibility (though there is still a test of individual capacity). If E was an Australian student, he  may also be culpable in any Australian jurisdiction – the uniform age of criminal responsibility adopted in each state/territory is 10 years old.

In this case, the criminal citation was for third-degree assault and battery, which according to the South Carolina Code of Laws occurs when a person unlawfully injures another or attempts/offers to injure when they have the present ability to do so. It is the least serious type of assault and battery offences as it involves no aggravating factors and does not have the possibility of causing death or moderate-great bodily injury. While the definition of assault various within and across Australian jurisdictions, an application of force which occasions actual bodily harm (which this case clearly constitutes) is a criminal offence.

Some jurisdictions even have specific offences for assaults in the school context. For example, under the Crimes Act 1900 (NSW), a person who assaults a member of staff while they are attending a school, without causing injury, is liable to imprisonment for 5 years. Cause harm and that jail sentence rises to 7 years.

Civil law

The success or failure of criminal proceedings does not impact upon a concurrent civil claim. Civil laws deal with disputes between individuals (or their artificial equivalent), with the outcome generating some form of compensation, monetary or otherwise, to the victim. Again, if E was an Australian student, his actions may cause him to be liable to compensate for any injury suffered, including medical expenses.

In the study of tort law in a common law jurisdiction (like Australia), principle cases almost always involve victims suffering ocular injury or losing an eye. If this incident had occurred in Australia and been litigated, not only would E likely find himself the subject of study in a University Tort Law subject, the potential compensation payout may have been significant, particularly if serious eye injury was caused.

Why does this US incident matter in Australia?

With E’s first court appearance not scheduled until mid-February and significant debate concerning the necessity for his arrest, the outcome of this incident is far from certain. Further, the absence of resource officers in Australia does restrict the ability of teachers to easily lodge a complaint or file a report with the police against offending students.

However, the impact of the injury caused here has clear relevance for Australian schools, where evidence suggests student-teacher assault incidents are on the rise.  And while it may seem far fetched, in the age of popular drone use, the humble paper plane may be the tip of the iceberg when it comes to devices being 'flown' or thrown at teachers.  Accordingly, schools need to take a firm position on all types of student behaviour which may compromise teacher safety.

Violence by Western Australian students against their teachers is undergoing a very concerning spike, with the number of ‘physical incidents’ more than tripling over the last three years. In 2016, 558 physical assaults were alleged, with claims that the severity of the incidents has also escalated to the point where the safety of teachers is being undermined. In one instance, a 15-year-old student faced a serious assault charge after allegedly punching a teacher in the face.

While there is a suggestion that the significant increase may be explained by changes to reporting in 2014, generating awareness, it does not explain equivalent statistics around the country.

For example, in the Hunter and Central Coast, the number of violent incidents appears to have doubled in the last 3-4 years, with a similar rise being experienced in Orange. There has also been a 26% rise in incidents of physical violence against teachers in ACT public schools in the last year.

These figures suggest that student-teacher violence is becoming a national problem or at the very least cannot be relegated to a municipal matter.

What should schools do?

Perhaps the risk of a paper plane injury can be mitigated simply by banning them, though some would query whether such risk aversion would impact upon the potential learning experiences of children.

However, this does not solve the underlying issue concerning student-teacher physical incidents, which have involved the throwing of other projectiles at classroom teachers (such as bottles), through to charging a principal and knocking them to the ground.

The reason for this alarming escalation remains elusive. Some have suggested it correlates to the increase in violence, drug and alcohol use and mental illness in the domestic setting; others that schools have been forced to cancel programs for students at risk due to budget cuts.

Regardless, incidents like these serve as a reminder to schools that they have workplace/occupational health and safety obligations to their staff to provide them with a safe working environment. In a recent workplace accident in Melbourne, a teacher suffered permanent spinal impairment due to wrestling a special needs student to the ground; the teacher has now brought legal action against the Victorian Department of Education and Training.

Cases like these show that schools, as employers, owe legal duties to their workers – they should not be tasked with bearing the consequences alone. While schools have a duty of care towards their students, teachers also have rights, particularly where student misbehaviour causes injury. That includes bringing legal action for compensation or redress.

Schools cannot limit these rights. Their role should be to minimise the risk of a teacher injury occurring by having strong behavioural management and student discipline procedures in place. If an injury occurs, they should support and accommodate the teacher and, if it is required, enable the legal process to take its course.