CBS News/ August 31, 2012, 12:16 PM

Lawyer: Teacher joined in as teen was bullied

(CBS News) GIG HARBOR, Wash. - A cell-phone video that appears to show a middle-school student being bullied in front of a teacher in a classroom prompted police to open an investigation, CBS Seattle affiliate KIRO-TV reports.

The video shot by students was taken last February, but was just made public.

Attorney Joan Mell, who is representing the 13-year-old victim, said the boy and his family have been left traumatized by what happened under the teacher's watch.

"It was a teacher-led bullying incident of epic proportions," Mell said. "The teacher poked (the boy) in the belly, the teacher turned around and put his bottom up in his face and said he felt gassy.... (The boy) had a pillow placed on his face where he couldn't breathe for several seconds. He had his own socks shoved into his mouth."

Acting Superintendent Chuck Cuzzetto said the teacher in the incident, John Rosi, made a mistake but that it was an isolated, horrific incident in an 18-year career that the district dealt with appropriately.

The Peninsula School District said it got a look at the video right after the incident.

"I was horrified by what I saw," Cuzzetto said. "We immediately placed the teacher on leave."

On Wednesday, the sheriff's office said it was investigating. The district said it will cooperate with the investigation.

After an internal investigation, Rosi was suspended for 10 days, reassigned as a substitute teacher for the rest of the school year, given new classroom management training and assigned to a different middle school for this fall.

"We took what we think is pretty significant disciplinary action against the teacher," Cuzzetto said.

KIRO-TV wasn't able to contact Rosi by phone, but in a letter written to the district, he apologized for the incident and explained that he didn't view it as "anything more than harmless childhood horseplay."

But the boy's attorney said the teen hasn't been able to return to class after the incident. He's switched schools and undergone psychiatric therapy.

"It was no horseplay because there was no play going on," Mell said.

The school district did not feel the need to report the incident to the sheriff's office, and the state's office of Child Protective Services said it didn't receive a report, either.

© 2012 CBS Interactive Inc. All Rights Reserved.
23 Comments Add a Comment
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dad2004 says:
I have seen how teacher turn a blind eye to bullying and in some cases make things worse. My son is scared to go to his school. His principal has tried to bully both my son and myself.
My son was bullied at the latch key program his first year, to the point where the other child was finally removed from the program. Now my son is afraid to go to the school.
His teacher tells him he cannot see the nurse when he says he is sick . When I drop him off the security guard tells him he is going to call the principal in a threatening manner. When I took my son to the nurse myself, she tells him he doesn't want to go to a different school because those schools are bigger. After we left the nurse's station, the security guard grabbed my son outside the station and drug him down the hallway. The whole time my son was crying and screaming for my help, this in front of over 20 people. The principal called me upset, not about my son, but that I had videotaped the event. I requested a meeting with the principal and he refused. The following day, the principal grabbed my son by the arm and pulled him out of my car.
When I finally got my meeting with the principal, neither of his teachers bothered to show up, even though I requested they be there. The principal did not remember yanking my son out of the car. In fact he did not remember the many times my son was lying on the ground crying not wanting to be bullied at the school He said he was not aware of any problems at the latch key program. I showed him violent pictures my son was drawing and the principal and the social worker said they could not help and were not aware of the pictures. The problem being they were drawn at school and his teacher even put a good job sticker on one of them.
My son told me he felt safer if I would go into his class with him. His teacher told me I could and they encourage parents to do so in the school handbook.
I took my son to the classroom and they told me I had to sign in at the office. I did and then they told me I also had to sign another form. It was a hold harmless letter saying I would never sue the school. When I refused, the principal told me I could not go into my son's classroom. I told him my son was afraid of him and his pediatrician said he had stool holding patterns related to his fear of the principal and the school. I also told him that I had been a volunteer before at the school and never had to sign such a form.
The whole time the principal kept trying to bully me to sign the form. After making my son wait 30+ minutes for me to be there for him, the principal finally said he made a mistake.
Now when I take my son to see the nurse she leaves and the principal comes in and hovers over my son when he is on the cot. He keeps telling him "I will check on you just like I always do". The following day basically the same scenario, the nurse leaves without seeing my son and the principal comes in. This time taking my son's temperature while my son is shaking afraid of him. When I asked the principal to leave the nurse's station, he put his hands on his chest, like your typical bully and said "this is my school." That same day, when I picked my son up from school that he had to go to the nurse, another child punched him in the back of the head and then he fell in the cafeteria. No email to me, no phone call just the note with the wording addressed by the principal. So my son got to deal with the principal he is afraid of one more time. The principal then sent me a letter telling me I could not videotape at the school, ( even though I have seen many parents doing exactly that) and that I am not allowed in the nurse's station.
The Superintendent sent an email to parents condemning bullying behavior and what the dangers were. I sent him a response email of how his staff had bullied my child in May of this year but he has not responded.
Any advice would be greatly appreciated, is what they have done assault and battery, bullying...
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wattermelann says:
I think this was encouraged by a lawyer interpreting law and a manipulating media. We weren't there we don't know what happened, but I am sure the teacher suffered for his misjudgment. Sadly, teachers are blamed for everything now, and parents who have had bad learning experiences in school pass this negative attitude on to their children. I would say the most kids who attend school come from dysfunctional families and parents who misbehave worse than this teacher and get away with it everyday and automatically blame the teacher if a child has difficulty in school. I am sure the teacher suffered greatly for his behavior and experienced stigma and sever judgment from his colleagues, students, parents and the free flowing gossip traveling throughout the district. Substitute teaching is a horrible job and worse than 99.9% of the occupations available. He lost money, couldn't pay bills, dealt with an angry wife and embarassed children. I am sure the neighbors heard about it so he had to deal with their stigma as well.This teacher was probably tenured and everything goes through the School Board when there are changes. So the guy has been beaten up quite well. These comments reflect the small uneducated minds that permeate our society. It is NOT the school system it is the students and their parents. Kids don't want to put the time in to learn these days and their parents don't teach them how.
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I_am_3rd replies:
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This has nothing to do with the effectiveness or future of public education. It is about bullying. Your math is off, but substitute teaching is hard and there are many kids with a rough home life.
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formerlyluvnut says:
This I would expect out of N Carolina.
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ttipbc replies:
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Why the h*ll would you say something like that? WHY would you expect this out of NC? What are your reasons? Or are you just a blowhard?
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ada1957 says:
Wait a minute.... the disciplinary action was he was only suspended for 10 days, kept his job as a substitute teacher for the rest of the school year, given new classroom management training (whatever that entails) and then he gets to keep his job, just at a different middle school. Sounds just like how the catholic church handles priest pedophiles. If I lived in that community I'd be all over the school for how they handled that. No excuses, no exceptions. Shame on them all.
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npvere replies:
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If I'm reading the story right, he was a regular teacher with a regular assignment, and was switched over to being a substitute. And probably the union is complaining about how the poor innocent teacher is being punished. It's beginning to seem that for every excellent teacher who can inspire and motivate kids there are at least three hacks who are staying in the job just for the pension.
rwsmith29456 replies:
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That 'teacher' should never be allowed in a classroom again.
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Mays2011 says:
poor kid! That teacher needs to be fired and fined for the child's mental anguish. School is hard enough when you're getting bullied but having the only adult in the room join in? wow!
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KnowerseekerReturns says:
Some teachers are good folks who want to make a difference but can't, because their hands are tied behind their backs by their administration, while others are narcissists or sociopaths who prey on the kids. Some principles and deans are the narcissists or sociopaths.
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beachgirl2365 says:
I seriously doubt that this was an isolated incident, with regards to this supposed teacher,......... He just happened to get caught,....... previous incidents may have occurred before everyone had a cell phone with video capabilities,..........It will be interesting to see if any other former students of this pig, come forward now to report their own incidents of being bullied by him..........If I was that kids lawyer I would interview previous students of this guy.
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john92021 says:
the teacher is obviously not doing his job of teaching and is no better than the kids and should be dismissed. The kid's father is probably a lawyer and needs a payday. Kid better not join the military, he would never make it through boot camp.
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KnowerseekerReturns replies:
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A kid doesn't get to choose whether to go to school or not, nor which teachers s/he will have. Unless you're drafted, you do get to choose whether to join the military. (And the draft has become so hated that I don't think it'll be happening again any time soon).
Stopfmg replies:
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The military is a haven for bullies! They encourage it! As a mother and grandmother, my advice to all young people is "Stay away from the military! It's a very poor choice!" (unless you are a bully, of course!)
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audemus says:
This "teacher" needs to be banned from the entire teaching profession....maybe he can find a job hanging out with a--holes.
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Rod_Smith says:
Way to go, Mr. Superintendent! Pass him off to another school where they don't know what he did, so he can get away with it again. I doubt this was the first time he's done this kind of thing (just the first time it was caught on video), and thanks to the NEA and a superintendent with no backbone, it probably won't be the last.
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