I was insulted at a parent-teacher conference for my child. My daughter’s teacher said that my daughter was falling behind in her school work because she claimed my daughter was disruptive in class. She also claimed my daughter was impeding the learning of other students through her misbehavior. The teacher asked me to correct my daughter at home. She said that I needed to instruct my daughter not to disrupt the class or her fellow students. I felt the teacher insulted my ability as a mother. Can I sue her and the school for slander?
No. There is no cause of action. This question raises the claim of slander. The facts you described fit none of the elements of a defamation claim. (Slander is a defamation based on the spoken word. Libel is a defamation for the written word.)
Publication
You stated the remarks were made during a parent teacher conference. In order to prove defamation, the aggrieved party must show publication. (Publication in the case of slander – the spoken word – occurs when third parties hear the remarks. Publication in the case of libel – the written word – occurs when third-parties read the remarks.) Since the conference occurred between two people, there can be no defamation claim. You and the teacher are the only people that heard her remarks.
Opinion
In order to prove a defamation, the injured party must prove the assertion was factual. The teacher’s assessment of your daughter is her professional assessment about your daughter’s behavior in class. That is an opinion. Defamation must be a factual assertion. Davis v Boeheim, 24 NY3d 262, 998 NYS2d 131 (2014); Thomas H. v Paul B., 18 NY3d 580, 942 NYS2d 437 (2012).
Defamatory Statement
A defamatory statement tends to expose a person to hatred, contempt or aversion. Golub v Enquirer/Star Group, Inc., 89 NY2d 1074, 659 NYS2d 836 (1997). A defamatory statement must show objectively some sort of unsavory behavior. Your personal feelings being hurt do not constitute defamation. A teacher asking you to talk to your child about your child’s behavior does not objectively denigrate you. Just because your child is misbehaving, does not mean you are a bad parent. Children misbehave for a variety of reasons. Diet, medication, sleepiness, learned behavior or just frustration can cause a child’s tantrums. Sometimes, children misbehave because they lack the ability or vocabulary to articulate the real reason they are upset. Talking with your child to figure out what is going on is just a part of being a parent.
By James Santner, Esq.
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