Dissenting Opinion
STOUDER, J.I cannot agree with the majority opinion. Under the cases decided in Illinois and relied upon in the majority opinion the law of Illinois is quite clear. A teacher not only has the right but the duty to discipline children under his tutelage. Failure to do this is tantamount to the failure of a teacher to perform his function, that of teaching. The criteria established are that the discipline must not be actuated by malice and must not be excessively or wantonly administered. In spite of the conflicting evidence, there is no conflict in the fact that the defendant thought the child was being disobedient and rebellious and took steps to correct him. Evidence is lacking from which it may be inferred that the defendant acted maliciously or wantonly. The only question as to whether it was excessive is in how much force was used and the only evidence on this point is whether or not defendant used his fist to strike the child. A blow with a fist does not necessarily mean a more violent action than a slap with the hand. To suggest, as does the majority opinion, that there was any clubbing about the head, is to utterly ignore the record. To question, as does the majority opinion, whether a teacher is ever justified in striking the face of a pupil is only to question the method employed in performing a function admittedly within the province of the teacher.
I do not condone the methods here used. However, to say that because I would not use such methods should impose quasi-criminal liability on the defendant would be to substitute my judgment for his in the performance of his duties. In the absence of any uniform recognition of what is and what is not acceptable discipline and on the basis of this record, I would reverse the judgment of the Circuit Court.