Chaska kindergarten teacher charged with malicious punishment of 5-year-old girl

CHASKA, Minn. (FOX 9) - A woman who worked as a kindergarten teacher in Chaska is charged with malicious punishment of a child after security camera footage showed a 5-year-old girl being restrained and held on the ground.

Chaska teacher charged with malicious punishment

What we know:

A criminal complaint filed in Carver County Court states Chaska police responded to a local school on Oct. 24, 2024 for a report of a teacher physically restraining and picking up a 5-year-old student.

That teacher, Miriam Deborah Swirski-Lubin, 53, is now charged with one count of malicious punishment of a child.

The school principal told officers she learned the restraint had happened the day before, and that although she did not witness it, another staff member did, and the incident was captured on security cameras. 

The complaint states that the principal spoke to the teacher regarding the incident, and Swirski-Lubin said, "What was I supposed to do?" during the conversation. The principal reportedly explained that carrying a student is a form of restraint and it is not permitted, even by those who are trained in Crisis Prevention Intervention (CPI). 

Swirski-Lubin then "left the school appearing to be distraught and frustrated" according to the criminal complaint. 

The principal also explained that any restraint was inappropriate as the footage showed the student was not doing anything that would harm herself or others. 

Footage viewed by police shows Swirski-Lubin grabbing the victim's shoulder before sitting on the ground and holding the student down with both arms around the student's upper body across her chest. The footage also shows the student "turning and moving their legs in an attempt to get away," according to the complaint. 

This reportedly took place in the school gym while other teachers were clearing the students out. The complaint states that when the gym was empty, Swirski-Lubin crossed her legs across the student's body to prevent her from moving and continued to hold her down "for an extended period of time." 

Swirski-Lubin then picked the student up and carried the student to another classroom. Surveillance footage reportedly shows Swirski-Lubin struggling to hold onto the student, causing her to toss the student up to regain control of her body when her head slipped close to the ground. Swirski-Lubin then slammed the classroom door shut and appeared to be angry, according to the complaint.

Court documents show Swirski-Lubin retained an attorney and refused to give a statement. 

Public records with the Minnesota Professional Educator Licensing and Standards Board show Swirski-Lubin still has a teaching license, which is set to expire on June 30, 2025. 

What we don't know:

Court documents did not share details on any injuries to the student.