No charges filed in student-teacher assault incident at high school

MILWAUKEE -- A 16-year-old female student at Milwaukee's Bay View High School was allegedly slapped by a teacher at the school. Police tell us it has been alleged that the student also struck the teacher during this incident. Police say the incident happened on November 19th around 2:20 p.m. 

Davari Weaver, 16,  tells CBS 58 she is five months pregnant. The student alleges the teacher hit her first, and she struck the teacher back.

Weaver says it began when she and other students in the class were being disruptive and the teacher told them to be quiet, but after awhile Weaver says the chatting started back up.

\"And she was like you guys need to shut up and I'm like but no that's still not appropriate to tell the class to shut up like that,\" says Weaver.  \"I'm just looking at her and she said shut up again and I'm still looking at her and she's like yes Davari I'm talking to you and I said no you're not and she like yes I am so shut up and I said no.\"

Weaver says the argument quickly escalated.  \"As she approached me like a desk in front of me I stand up because she's coming like intimidating me by it so I stand up and she's just in my face screaming shut up.\"

When the two were face-to-face and yelling Weaver claims the teacher slapped her in the face and she slapped back and then they struggled with each other.  \"I'm trying to pull away from her but I'm trying to defend myself at the same time too,\" claimed Weaver.  \"In the midst of it, theres' students in between us trying to break it up.\"

Milwaukee police have turned over their findings to the Milwaukee County District Attorney's Office who has decided not to file criminal charges in this case.

It's unclear though if the student or teacher will receive citations.  Weaver says she was suspended from school.

Milwaukee Public Schools released a statement saying, \"We did remove the staff member from the building and are conducting an investigation.\"mso-fareast-font-family:\"Times New Roman\";mso-ansi-language:EN-US;mso-fareast-language:

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