Former teacher gets absolute discharge in assault case

A former Hants County teacher has been given an absolute discharge for an incident in which she tried to force a student to put on rain pants and his head banged on the floor.

Bethany Margaret Casey, 28, of Falmouth, was in Windsor provincial court for sentencing Friday after pleading guilty to the charge on Aug. 8.

The sentence was a joint recommendation from Crown attorney Bill Fergusson and defence lawyer Ron Pizzo. Fergusson told the court a discharge was a suitable outcome because Casey had already surrendered her teaching licence voluntarily and does not plan to return to the profession.

Fergusson said it was prior to recess on April 7, 2022, when Casey was trying to get the six-year-old to put on the outdoor pants, but he was refusing.

Fergusson said the boy’s father told him that the youngster has some learning issues and “can be difficult at times.”

Casey, who said she didn’t have a lot of training in dealing with difficult children, put the child on the floor to try to put his pants on, and in the process he banged his head on the floor and started to cry, Fergusson said.

“Ms. Casey should have known better, she acknowledged she didn’t have the training,” the Crown attorney said. “She could have walked away from the issue and let an (educational assistant) handle it, but she didn’t.”

He said the incident did not involve the child being pushed down.

The EA reported the incident to the principal, and it made its way to the RCMP.

Fergusson said Casey was co-operative with police during the investigation and has no plans to return to the profession.

“She has recognized that this is not a career for her and has no intention of getting back into teaching,” he said. That was his main concern, and her decision made the discharge acceptable.

Defence lawyer Ron Pizzo said that Casey was previously dismissed from her position and did not file a grievance through the teacher’s union.

“She’s very sorry for what she did, she is embarrassed, and wants to get on with her life,” he told Judge Angela Caseley.

He said trying to force the child to put on the rain pants “was a momentary lapse of poor judgement.”

Caseley said the recommendation for an absolute discharge was not contrary to the public interest because Casey has already lost her job and profession.
“It’s most unfortunate that another child was present to witness the incident, and equally unfortunate that Ms. Casey did not turn to the educational assistant to assist her.”

She said the incident was the result of frustration and poor judgement.
“She has learned that working with children is not a career for her… I accept that she was not intending to cause harm to the child,” the judge said.

Caseley also noted that Casey has been on release conditions for 16 months without any issues.

The judge told Casey that “I wish you well in your future endeavours and hope you find a new career path that allows you to continue to be a contributing member of society.”