Criminal charges could be coming for Jimtown HS teacher who slapped student, attorney says

SOUTH BEND, Ind. (WNDU) - Not fired but allowed to retire. That is the decision made by the Baugo Community School Board Monday night after former Jimtown High School teacher, Mike Hosinski, was caught on video slapping a student in the face.

According to South Bend attorney Peter Agostino, it’s possible Hosinski could face some criminal charges soon.

“It probably ranges from battery which is in consented touching. Depending from there, how extensive the conduct was, how aggressive it was, could be viewed as some other attempt to inflict bodily injury,” Agostino says.

One thing that won’t hurt is Hosinski’s pockets, at least for now.

At a Baugo Community Schools meeting Monday, the school board decided to allow Hosinski to take an early retirement and retain his full pension.

“He should receive his full pension benefits as they exist,” a member of the board clarified in Monday’s meeting.

Parents were all invited to the meeting in person as well. But even after having enough time to watch a video of the teacher they say they love slap a student, not one publicly spoke out against Hosinski.

“This is a complete failure on the administration with what happened to Hosinski,” a man explained the board.

“I still back Mike Hosinski,” another parent said hours after the video of the altercation was released.

According to Indiana Code 20-33-8-9: Disciplinary powers of teachers and school staff members, it states, “an individual can take any action that is reasonably necessary to carry out or to prevent interference with an educational function that the individual supervises.”

What is incredibly difficult to explain is just how reasonable is it for an adult like Hosinski to slap a student that had already removed himself from the classroom the way he did?

In response, Agostino pointed out what he believes could determine what happens with Hosinski moving forward.

“I think that the view in Indiana is still that the discipline laws in schools do not prohibit corporal punishment. So that, there is still some open interpretation on how far that can go,” Agostino says.

That interpretation will likely to decide whether or not Hosinski will be charged criminally in this case.

At this time, the Elkhart County Sherriff’s Office is still investigating. Once they complete their investigation, their findings will be reviewed by the prosecutor’s office where a final determination will be made on if Hosinski will be criminally charged.

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