The situation
You teach at a public school and this week you failed a fourth-year secondary student in your subject. Last night, the student’s father posted on his Facebook account, naming you and the school: “That teacher is going to pay for this, she knows what’s good for her if she wants to keep teaching in peace.” The post is collecting comments: some insult you in strong terms; others criticise how the school is run and demand explanations about grades. A colleague sent you screenshots this morning. The student is in class today as usual. You feel a mixture of fear and indignation, and you do not know whether this is “just social media” or something to take seriously.
◆ The comment on each course of action is generated by AI from this section’s legal framework, whose official texts are in Spanish. It orients you; always verify the article in the legal framework.
For whoever facilitates
Facilitator’s notes
It helps to separate the three things that post mixes together. First, the threat: announcing harm by any means, in circumstances that make it credible, is a criminal offence (Art. 154, Ley 74-25); and when the threat targets a public servant — teaching staff in public schools are public servants (Art. 77, Ley 74-25) — in order to make them perform or refrain from an act of their duties, such as changing a grade, the protection is greater (Art. 309, Ley 74-25). Second, the insults: these are pursued as insult or defamation (Arts. 210 and 208, Ley 74-25); the offence of contempt no longer covers teachers, since Ley 44-26 limited it to the judicial sphere (Art. 310, Ley 74-25). Third, the criticism about grades and school management: against a public official, only expressions that affect their intimate or private life, or that are manifestly insulting or defamatory, are pursued (Art. 211 Párrafo II, Ley 74-25, as worded by Ley 44-26) — reasonable criticism from families is not a criminal offence, and telling it apart from a threat is part of institutional maturity. Option a is the protective route: document, inform and decide together with the leadership; option c complements it, because a legitimate academic complaint deserves its own channel. Option b turns the teacher into a party to a public quarrel; option d leaves the threatened person alone with her fear. Question for the group: do we each know today who to turn to first if the threat were against us?
The team’s commentary
Two readings of this scenario
Español — The Spanish version is the reference text — the legal verification described in the audit report was carried out on it.
Audit report — the independent legal review of this material, with the errors we found and corrected (page in Spanish).
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