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HCPSS / POLICIES

Policy 9270 – Student Assault and/or Battery on Employees

The purpose of this policy is to help ensure a safe and secure environment for all employees by outlining the process that administrators must use if a student engages in an assault and/or battery directed towards an employee or service provider.

Policy Document

Implementation Procedures

I. Policy Statement

The Board of Education recognizes the need for a school environment that is safe, secure, and nurturing. This environment must allow employees to be free from any assault and/or battery by students. Therefore, any assault and/or battery by a student directed towards an employee or service provider is strictly forbidden.

II. Purpose

The purpose of this policy is to help ensure a safe and secure environment for all employees by outlining the process that administrators must use if a student engages in an assault and/or battery directed towards an employee or service provider.

III. Definitions

Within the context of this policy, the following definitions apply:

  1. Assault – Any attempt or threat to inflict harm upon another person that gives the victim a reasonable fear of physical harm. An assault may be communicated in a behavioral, oral, written, or electronic manner.

  2. Battery means:

    1. The touching of another person by the aggressor or by some substance or force put in motion by the aggressor, which is not consented to by the other person and results in a reasonable feeling of apprehension or discomfort; or

    2. Section B.1. accompanied by circumstances which reflect the aggressor’s blatant disregard for the safety of employees or other persons evidenced by, but not limited to, the aggressor’s intentional conduct, disregard of directions, or the fact that the battery resulted in serious bodily harm.

  3. Employee – Any individual employed by the Howard County Public School System (HCPSS).

  4. Service Provider – An individual who provides services to the HCPSS, either through contract, Memorandum of Understanding (MOU),or volunteer service, when those services involve access to students and employees, such as substitute teachers, mentors chaperones, bus drivers, and individuals who participate in committees, advisory groups, and partnership programs.

IV. Standards

  1. It is a violation of this policy for any student to assault and/or batter an employee or service provider at any time or any place.

  2. Upon receipt of an oral/written report on a suspected policy violation, the Administrators will promptly begin a thorough investigation to include an interview with the accused, victim, and witness(es) and a review of any video footage that may provide evidence, if applicable.

  3. Any disciplinary action taken for students as a result of a violation of this policy will be administered in accordance with the HCPSS Student Code of Conduct and Policy 9200 Student Discipline.

  4. If a student receives special education services or has a 504 plan, procedures consistent with COMAR 13A.08.01.11 and HCPSS Policy 9200 Student Discipline Implementation Procedures Sections VIII. and IX. must be followed.

  5. The policy regarding an assault and/or battery by a student on an employee or service provider will be made known to students, parents, and employees at the beginning of the school year and when deemed necessary by the principal.

V. Responsibilities

  1. The Superintendent/designee will publish information on the standards and consequences of this policy.

  2. Principals will disseminate information on the standards and consequences of this policy at their school.

  3. Administrators will investigate reports of a student assault and/or battery on employees at their school.

VI. Delegation of Authority

The Superintendent is authorized to develop appropriate procedures to implement this policy.

VII. Reference

A. Legal

  • The Annotated Code of Maryland, Criminal Law Article, Section 3-202

  • The Annotated Code of Maryland, Criminal Law Article, Section 3-203

  • The Annotated Code of Maryland, Criminal Law Article, Section 3-303

  • The Annotated Code of Maryland, Education Article, Section 26-101 COMAR 13A.08.01.11

B. Other Board Policies

C. Relevant Data Sources

D. Other

  • HCPSS Student Code of Conduct

VIII. History

ADOPTED: June 14, 1990

REVIEWED:

MODIFIED: August 14, 2014

REVISED:

  • September 6, 1996

  • August 27, 1998

  • June 10, 2010

  • April 11 2019

EFFECTIVE: July 1, 2019