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Policy 9270 - Student Assault and/or Battery on Staff

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

Policy Document

I. Policy Statement

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

II. Purpose

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

III. Definitions

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

  1. Assault – Any willful attempt or threat to inflict harm upon another person or any display of force or expression that would give the victim reasonable fear of harm. An assault may be physical, oral, or written.

  2. Battery I – The unlawful 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.

  3. Battery II – Battery I accompanied by circumstances which reflect the student’s blatant disregard for the safety of staff members or other persons evidenced by, but not limited to, the student’s intentional conduct, disregard of directions, or the fact that the battery resulted in serious bodily harm.

  4. Expulsion – The exclusion of a student from the student’s regular school program for 45 school days or longer as determined by the Superintendent/Designee.

  5. Extracurricular Activities – School-sponsored activities other than regular class activities in which the student represents the school.

  6. Regular Class Activities – Activities which are countywide expectations for a particular class and in which all students in the class must participate as a part of their grade.

  7. Service Provider – An individual who provides services to the Howard County Public School System (HCPSS) through contract or volunteer service, including student teachers and interns.

  8. Suspension – The denial of a student’s right to attend regular classes or school for a specified period of time for cause. Suspension includes extended suspension, in-school suspension, short-term suspension, or long-term suspension.

    1. In-School Suspension – The removal of a student from the student’s current education program, for up to but not more than 10 school days in one school year, for disciplinary reasons by the principal to another location within the school building.

    2. Short-Term Suspension – The removal of a student from school for up to but not more than 3 school days for disciplinary reasons as determined by the principal.

    3. Long-Term Suspension – The removal of a student from school for between 4–10 school days for disciplinary reasons as determined by the principal.

    4. Extended Suspension – The exclusion of a student from school for between 11 and 45 school days for disciplinary reasons as determined by the Superintendent/Designee.

IV. Standards

  1. Information regarding assault and/or battery by a student on staff or service provider will be made known to students, parents/guardians, and staff members at the beginning of the school year and when deemed necessary by the principal.

  2. It is a violation of this policy for any student to assault and/or batter a staff member or service provider at any time or any place.

  3. Any disciplinary action taken for students as a result of a violation of this policy will be administered in accordance with the 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 Policy 9200 - Student Discipline Implementation Procedure VIII. must be followed.

V. Compliance

  1. The Superintendent/Designee is responsible for publishing information on the standards and penalties of this policy.

  2. Principals are responsible for disseminating information on the standards and penalties of this policy at their school.

VI. Delegation of Authority

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

VII. Reference

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

  • 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

VIII. History

ADOPTED: June 14, 1990

REVIEWED:

MODIFIED: August 14, 2014

REVISED: September 6, 1996, August 27, 1998, June 10, 2010

EFFECTIVE: August 14, 2014