ROCHESTER - The defense in the assault trial of a former Milton Elementary School principal accused of knocking a student’s head into a cafeteria wall is expected to use a state statute that allows physical force to be used in certain instances, according to a filing last month at Rochester District Court.
Former MES Interim Principal Chuck Mills, referred to as Charles in court papers, has pleaded not guilty to a simple assault charge against a student whom he allegedly “dope slapped” in May.
Mills, last year’s interim principal at MES, “dope slapped” a boy in the cafeteria after the student failed to quiet down after a signal given by Mills, according to the arrest affidavit. It was alleged that a student’s head hit the wall after Mills slapped it.
Mills, 53, of Henniker, is charged with simple assault, a Class B misdemeanor.
According to the affidavit, he admitted to “dope slapping” the child, but didn’t mean to hurt him.
New Hampshire state statute RSA 627:6 II (a) states “A teacher or person otherwise entrusted with the care or supervision of a minor for special purposes is justified on the premises in using necessary force against any such minor, when the minor creates a disturbance, or refuses to leave the premises or when it is necessary for the maintenance of discipline.”
A trial is set for Rochester District Court later this month.
A dope slap is defined in urbandictionary.com as “a light 'whappp' to the back of the head, done with an open palm in an upward motion.”
Mills abruptly resigned after the incident while still in the midst of pursuing the permanent principal position at the school.
A Class B misdemeanor can result in fines and possible probation, but no jail time.
Mills is being represented by the law firm of Stephen A. Cherry and Associates of Henniker.
Cherry and Mills have refused comment on the case.