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Assault & Battery

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.

Need Assistance

Call the Federation

424-4579

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Retirees

The power of organized retirees is not to be underestimated.

Red River United encourages retirees to stay active.

You’re retiring…but your union is still working for you.

You are a lifetime member of the American Federation of Teachers and the Alliance for Retired Americans.

Stay connected with your union through the retiree’s chapter of our local, Red River United – Retired (RRU-R). The RRU-R is here for you, a place to participate and continue to be active. Please consider becoming an active member. Our chapter meetings are held at the union office on Line Ave.

Join us for fellowship, food, and interesting presentations about pensions, health care, and many other topics. Bring your own retiree issues to a group that is interested in the same things you are. Participate in building the chapter and the union. Stay active!

Red River United Retirees – Off and growing

Red River United – Retired is an organization of retired school employees dedicated to protecting our retirement and health benefits and supporting the members of the Caddo Federation of Teachers & Support Personnel (CFT/SP) and the Bossier Federation of Teachers & School Employees (BFT/SE) local unions. Retirees are a powerful force when we join together. RRU-R is your best resource when you need to cut through knotty pension or health care issues, or when you want to “get our heads together” about a problem or a project. Also, many AFT+ benefits can be of special interest to retired workers.

AFT + Benefits

  • Low-cost health insurance supplements
  • Up to 30% off on legal services
  • Preferred-rate senior term life
  • Discounts on Rx drugs, hearing services, and foot care
  • Discounts on dental and vision services
  • Special hotel and vacation rates
  • Preferred-rate credit card
  • Affordable pet insurance
  • Special restaurant discounts
  • Custom long-term care plans

Four good reasons to join RRU-R

Protecting Pensions

Your pension is probably your major source of income. Working with the national union, locals, the state federation, and senior and grassroots coalitions, our chapter will help you with pension problems and work to see that cost of living adjustments are implemented whenever possible.

Preserving a Legacy

Retirees understand RRU in a way no other group does. We are the generation that fought for decent benefits and a living wage. Retirees know firsthand that working people and their unions continue to lead the way in making life, for all Americans, more decent and just.

Staying in Touch

RRU-R is the best place for retirees to meet old friends and make new ones. Keep up with retiree and union issues through the RRU-R.

Networking

Affiliation with senior advocacy groups extends your reach on senior issues.

 About AFT Retirees

AFT retired members are front and center in our union’s national and state legislative campaigns to honor their service with a secure, healthy, and productive retirement.
AFT members who retire are ensured a lifelong membership in the national union as soon as their local union updates their status from “working” to “retired, active” in its membership reports to the AFT.

As a retired AFT national member, you will receive the same AFT periodical you got while you were a working member, and you will maintain access to most AFT + member benefits. You can get even more out of your membership by becoming involved in your local, regional, or state retiree chapter’s activities. First, find out if your local already has a retiree chapter or a specific retirement program—there are more than 100 chartered AFT retiree chapters nationwide. By belonging to a retiree chapter, you’ll be in good company, with almost a quarter million AFT retirees nationwide.

At the national offices, the AFT program on retirement and retirees provides information and advocacy for retired members. AFT legislative and program staff stay on top of key national issues affecting retired members by advocating our positions on critical issues such as Social Security, including how long does it take to get a replacement, and Medicare to members of Congress and White House staff. You can support these efforts by becoming an AFT e-activist and staying up to date on legislation that affects you. Just sign up for the AFT Retirees electronic newsletter.

AFT retirees work to strengthen public education, public services and healthcare, and their professions; they battle to improve key federal programs, traditional pensions, and healthcare coverage for today’s and tomorrow’s retirees. AFT retirees work for real reform in education—reform that protects public schools from programs like vouchers, tuition tax credits, and other forms of privatization that put private profit before children’s education.

The AFL-CIO’s 4 million-member Alliance for Retired Americans also offers opportunities to stay active. All AFT retirees are automatically members of the national alliance and are not required to pay dues. The alliance already has chartered state affiliates in 30 states and plans to expand to all states over time. The pre-eminent grass-roots organization for older Americans, the alliance has been a leader in the recent Medicare and Social Security battles, and plays a key role in national, state and local elections.

For more information, e-mail retirees[@]aft.org or call 202/879-4413.

SOURCE:  http://www.aft.org/yourwork/retirees/about.cfm

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