( Originally Published 1918 )
The Teacher Stands in Place of the Parent, and while a pupil is under his care, has in the absence of statute or other regulation to the contrary, the same authority as the parent has at home of correcting him by confinement or whipping, or at least such part of the parents' authority as is necessary to answer the purposes for which the teacher is employed.
Assaults by Teacher.—Although the teacher has a right to punish his pupils for misbehavior, he will be liable to prosecution for assault if he inflict such punishment as produces or threatens lasting mischief, or if he inflict punishment, not in the honest performance of duty, but under the pretext of duty to gratify malice.
Presumptions in Favor of Teacher.—The teacher has in his favor the presumption that he has done his duty, in addition to the general presumption of innocence, and in determining the reasonableness of the punishment, the judgment of the teacher as to what was required by the situation should have weight, as in the case of a parent under similar circumstances.
Pupils Over Twenty-one years of age who voluntarily attend school, thereby waive any privilege which their age confers, and may be punished as any other pupils. Parents should uphold the teachers in maintaining school discipline.