No, spitting on someone constitutes a simple assault, Derek should be going to jail over this.
he should get fired from MD and GAT for what he did. How immature.
Vince can collect damages for the intentional tort, known as battery...
BATTERY
An actor is subject to liability to another for battery if:
1) he acts intending to cause a harmful or offensive contact with the person of another or a third person,
or an imminent apprehension of such a contact, and
2) an offensive contact with the person of the other directly or indirectly results.
ASSULT
An actor is subject to liability to another for assault if:
1) he acts intending to cause a harmful or offensive contact with the person of another or a third person,
or an imminent apprehension of such a contact, and
2) the other person is thereby put in such imminent apprehension.