Educational Network Services

Assault Battery – Assault on Personnel

First Step

School Administrator should intervene if attack is taking place immediately. Police Officer should be called and informed immediately by office staff. Notify District Office of Incident.

Second Step

Check assaulted employee condition and have them write an incident report. If injured, send to hospital for check up if not send staff member home to recuperate.

Third Step

Investigate the incident with Minor and another adult. Get “Written Report” of incident from minor. Inform parents/guardian of incident.

Fourth Step

Inform District Office when incident is resolved.

Final Outcome:

Recommend Expulsion.

See District Policy, Ed. Code.

EC 44014. (a) Whenever any employee of a school district or of the office of a county superintendent of schools is attacked, assaulted, or physically threatened by any pupil, it shall be the duty of the employee, and the duty of any person under whose direction or supervision the employee is employed in the public school system who has knowledge of the incident, to promptly report the incident to the appropriate law enforcement authorities of the county or city in which the incident occurred. Failure to make the report shall be an infraction punishable by a fine of not more than one thousand dollars ($1,000).

 (b) Compliance with school district governing board procedures relating to the reporting of, or facilitation of reporting of, the incidents specified in subdivision (a) shall not exempt a person under a duty to make the report prescribed by subdivision (a) from making the report.

 (c) A member of the governing board of a school district, a county superintendent of schools, or an employee of any school district or the office of any county superintendent of schools, shall not directly or indirectly inhibit or impede the making of the report prescribed by subdivision (a) by a person under a duty to make the report. An act to inhibit or impede the making of a report shall be

an infraction, and shall be punishable by a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000).

 (d) Neither the governing board of a school district, a member of the governing board, a county superintendent of schools, nor an employee of a school district or of the office of any county superintendent of schools shall impose any sanctions against a person under a duty to make the report prescribed by subdivision (a) for making the report.

Section: Previous 44006 44007 44008 44009 44010 44011 44012 44013 44014 44015 44015.1 44016 44017 44018 44020