Assault & Battery
of a Teacher or School Employee
Louisiana Revised Statues 14:34.3, 14:38.2, 17:416A
According to state law —
“Assault on a school employee means an attempt to commit a battery, or intentionally placing the school employee in reasonable apprehension of receiving a battery, or making statements threatening physical harm to a school employee.”
The criminal definition of a battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another. The civil definition of a battery is physical contact
with out the victim’s consent.
Louisiana Revised Statue 17:416 says that the student formally accused of committing a battery or an assault on any school employees:
Ú Must be suspended immediately and removed from the school premises without benefit of the usual initial suspension procedures.
Ú Cannot be considered for readmission to that school until all hearings and appeals associated with the alleged violations have been exhausted.
Ú After the student is found guilty, the student cannot return to the same school where the employee is located unless it is the only place where he/she can receive services.
What must support personnel do in these circumstances?
1. You must write a referral, which is the formal complaint. You may also press criminal charges, but this is not required.
2. You must turn in an accident report if you were the victim of a battery, or if you suffered emotional trauma if you were the victim of an assault. Be sure to clearly state the nature of the student’s act (such as — “The student punched me (battery),” or “The student committed an assault by making statements threatening me with physical harm (assault).”
3. You should absolutely contact the Federation — 424-4579.
What if you suffer physical or emotional injuries because of the assault or battery?
1. You must receive sick leave without reduction in pay or sick leave days. You must present a certificate from a physician certifying that you are disabled because of the assault or battery.
2. You have the right to press criminal charges against the person who committed the battery or the assault, but you are not required to do so.
3. You have the right to file a civil suit for money damages against the person who committed the assault or battery, (or against the parent / guardian, if the person is a minor). But you are not required to do so.
What if the student is a special education student?
If the student is a special education student, there are state and federal laws and regulations that must be followed. Don’t be discouraged by this, just recognize that it becomes an IEP issue as well as a discipline matter. You still have the right to press criminal charges (unless the child has a disability that prevents him / her from understanding his/ her actions (such as some forms of autism). Call the Federation for help 424-4579.
What if the student is under ten years old?
You may still proceed with suspension and removal from class, but criminal authorities may decide only to prepare a report and not arrest the child.
Call the Federation