If A Student Threatens or Assaults You...

What Do You Do When A Student
Threatens Or Assaults You?

Section 22.01 of the Penal Code says that a person commits an assault if the person:
intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. If such an offense is committed against a classroom teacher, counselor, principal, or other similar instructional or administrative employee of a primary or secondary school accredited by the Texas Education Agency while he is engaged in performing his educational duties, it is a Class B misdemeanor. A student who threatens a teacher can also be expelled. Expulsion means suspension of a student from school for more than six school days within a semester.

What Do You Do If You Are Threatened or Assaulted?

	Notify your principal immediately.
	Consider notifying the police.
	Call UEA immediately for assistance.
	Write down the names of everyone present.
	Write down everything that happened as soon as possible.

What Do You Do If You Are Hurt?

	Immediately report the incident on a Worker's Compensation form.
	Realize that you have the right to necessary time off to recuperate without any deduction in salary or sick leave.

Recuperation From Assault Injuries

Section 13.90 of the Texas Education Code states:
"An employee of a school district who is physically assaulted during the performance of his regular duties is entitled to the number of days of leave necessary to recuperate from all physical injuries sustained as a result of the assault. Days of leave taken under this subsection may not be deducted from sick leave. The period provided in this subsection shall not extend more than two years beyond the date of the assault."

For ideas on how to deal with student confrontations, please click here.

	intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
	intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
	intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. If such an offense is committed against a classroom teacher, counselor, principal, or other similar instructional or administrative employee of a primary or secondary school accredited by the Texas Education Agency while he is engaged in performing his educational duties, it is a Class B misdemeanor. A student who threatens a teacher can also be expelled. Expulsion means suspension of a student from school for more than six school days within a semester.