Article 15 Section 10. Assault and Battery on an Employee.
What is an assault or battery?
In order for there to be a serious assault or battery under Article 15, Section 10, a
student must engage in a qualifying act that causes a CTU member to suffer serious
physical, psychological, or emotional harm.
In order to constitute qualifying act, a student must:
1) Deliberately and inappropriately touch the CTU member;
2) Deliberately and inappropriately touch the CTU member with an object under the
control of the student; or
3) Engage in reckless conduct.
If the student did not engage in one of the above behaviors, it is NOT a serious assault
or battery.
In order to constitute serious physical, psychological, or emotional harm, the CTU
member must suffer either:
1) physical harm that carries a substantial risk of death;
2) physical harm that involves either permanent incapacity or
substantial temporary incapacity;
3) physical harm that involves permanent disfigurement or serious temporary
disfigurement;
4) physical harm that involves substantial suffering or prolonged or intractable
pain;
5) psychological illness that would normally require hospitalization or prolonged
psychiatric treatment; or
6) emotional injury that is so severe that a reasonable person would be unable
to cope adequately with the mental distress.
If the CTU member did not suffer one of the above types of injuries as a result of the
student’s qualifying conduct, it is NOT a serious assault or battery.
What type of behavior is NOT an assault?
1. If the touching is accidental or inadvertent, it is not an assault
2. If the touching is appropriate it is not an assault
3. If there is no physical, psychological or emotional harm, it is not an assault
4. If the harm is not serious physical, psychological or emotional harm as
defined above, then there is no assault.
What is the responsibility of the bargaining unit member if he/she thinks there
has been an assault?
1. complete a Pupil/Employee Incident Form
[The Pupil/Employee Incident Form and the Article 15, Section 10 and 11
Serious Assault, Battery or Menacing Form are included in Appendix F]
2. provide a copy to the Principal/Building Leader
immediately, (if able to do so)
or
as soon as possible
[Note: If the employee does not report the assault immediately you need to find out why]
What do I do if the employee is unable to perform his/her duties because of the
assault?
The office shall take appropriate steps to cover the employee’s instructional
responsibilities for the rest of the day.
The employee is entitled to the rest of the day on assault leave.
What is the role of the Chapter Chairperson?
To arrange for all necessary forms to be filed in a timely manner
To provide transportation and accompany any teacher (both released on school
business)
To testify in a court of law regarding a student incident at the school
What is the Responsibility of the Principal/Building Leader after receiving a copy
of the Pupil/Employee Incident Form?
1. Immediately initiate an investigation utilizing the District’s Division of Safety
and Security.
This investigation shall include obtaining statements from the employee, the
student(s), and any wit- nesses to the incident.
[Note: Principals/Building Leaders faced with a serious problem which is
threatening the security of school personnel or property, should call the
Cleveland Police Department and request immediate assistance.]
2. Complete the investigation within one business day of the time the bargaining
unit member submits the Pupil/Employee Incident Form.
3. Conduct a due process hearing to determine if a serious assault or battery
occurred following the investigation.
REMEMBER:
The student must have engaged in qualifying conduct AND the
CTU member must have suffered serious physical, psychological,
or emotional harm, as defined above.
IF EITHER OF THESE ELEMENTS IS MISSING
IT IS NOT A SERIOUS ASSAULT OR BATTERY
What Happens to the Student if a Serious Assault or Battery has Occurred?
1. The Principal/Building Leader shall immediately suspend the student for
ten days and notify the student’s parents.
2. Submit the Serious Assault, Battery or Menacing Form to the Division of
Pupil Personnel, Office of Hearings and Appeals, so the student can be
assigned to another placement following the conclusion of the suspension.
3. If the Principal/Building Leader either recommends expulsion or other
interventions in addition to the suspension, the Principal/ Building Leader
shall complete a Student Administrative Intervention Form (“SAIF”) and
forward the SAIF, along with a copy of the file, to the Division of Pupil
Personnel, Office of Hearings and Appeals.
4. Consistent with the Family Educational Rights and Privacy Act (“FERPA”)
and ORC 3319.321, the Principal/Building Leader shall provide a copy of
his or her findings to the bargaining unit member and the Chapter
Chairperson. Also include:
-redacted copies of any written referral to the Division of Pupil
Personnel, Office of Hearings and Appeals, the Incident Report
Form, all witness statements, any reports or findings from Safety
and Security, and the Principal/ Building Leader’s determination.
[Note: If the student has left the premises, the police shall be called and notified, and if
the employee requests, a staff individual of the assaulted employee’s choice with the
Principal’s approval may accompany the employee to the police station and/or medical
assistance.]
What Happens if the Principal/Building Leader determines that a Serious Assault
or Battery did not occur?
1. The Principal should complete the Article 15, Section 10 and 11 Serious Assault,
Battery or Menacing Form by checking the boxes confirming their belief that the
incident did not constitute a serious assault or battery and that the student is not
to be transferred. The Principal should retain a copy of the signed form and
return the original to the CTU Chapter Chairperson.
2. The employee may request that the Academic Superintendent or designee to
review the facts and render a decision.
3. In such case, the Principal/Building Leader shall provide a complete copy of his
or her investigation, including any related paperwork, to the Academic
Superintendent.
What is the responsibility of the Academic Superintendent after receiving a
request for review from a bargaining unit member?
1. Review all materials provided by the Principal/Building Leader
2. Determine whether a serious assault or battery occurred.
REMEMBER:
The student must have engaged in qualifying conduct AND the
CTU member must have suffered serious physical, psychological,
or emotional harm, as defined above.
IF EITHER OF THE ELEMENTS IS MISSING,
IT IS NOT A SERIOUS ASSAULT OR BATTERY
3. If the Academic Superintendent determines that a serious assault or battery
occurred, the Academic Superintendent shall either follow the procedure
outlined above or shall direct the Principal/Building Leader to do so.
4. This process shall be completed in no more than two working days from
the date the bargaining unit member submitted the Pupil/Employee Incident
Form to the Principal/Building Leader, if the student is in an elementary
classroom, or five working days from the incident, if the student is in a
secondary classroom.
What happens if the Academic Superintendent determines that a serious
assault or battery did not occur?
The bargaining unit member may file a grievance related to the incident, pursuant
to Article 15, Section 27.
Consistent with the mandates set forth in FERPA and ORC 3319.321, the
bargaining unit shall be provided with redacted copies of the Pupil/Employee
Incident Form, all witness statements, and any report or findings from Safety and
Security and the Principal/Building Leader’s determination or Academic
Superintendent’s determination.
What is “Serious Menacing”?
In determining serious menacing has occurred, as required to approve an Article 15,
Section 11 transfer, a building principal or academic superintendent must determine:
1) That a student made an oral or written threat of serious physical, psychological,
or emotional harm, as defined above, with respect to a bargaining unit member,
AND
2) That the threat was directed toward the subject CTU member, or a member of
that CTU member's family.
IF EITHER OF THE ELEMENTS IS MISSING,
IT IS NOT SERIOUS MENACING.
What procedures do I follow in a case of alleged “Serious Menacing”?
The Principal/ Building Leader should follow the same procedures discussed above
regarding serious assault and battery.
What happens to a student determined to have engaged in Serious Menacing?
A student who has been found to have committed a serious menacing on a
bargaining unit member or member’s family shall not be returned to the school
either that school year, or any other school year, without the written agreement
between the menaced member (if still at the school), the receiving member(s),
the Chapter Chairperson and the Principal/Building Leader.
Under what circumstances can a student determined to have engaged in Serious
Menacing remain in the school building?
If the student is to remain, then the affected member, the Chapter Chairperson and the
Principal/Building Leader may mutually agree to a suspension of fewer than ten days