Assault and Battery

Avoid Assault

Step Away from Danger

• You are not required to put yourself in harms way
• Call safety/office
• Send another student for help
• Move students away from dangerous situations
• Step back
• Tell students to stop

Avoid use of restraint unless there is imminent danger of harm

Most of the time when the word assault is used, we mean battery

Assault: An attempt or threat to physically harm another person with the apparent present ability to do so and the victim has reasonable fear or apprehension
of immediate bodily harm. Assault is committed without physical contact

Battery: Unprovoked / unanswered intentional physical contact without consent
causing bodily harm.

What to do:

What to Do

• Seek medical treatment if needed
• Report incident to principal
• Request police / file criminal complaint
• Notify BR / MTEA office
• File Incident Referral on IC
• File Assault Report
• File Workers Compensation
• File Statement of Injury

Seek Medical Attention

• Injuries can show up later after adrenaline wears off.
• Get checked out as soon as possible.
• It is better to be given the thumbs up than have an issue arise later on
• Injuries are covered by workers compensation - there is no charge (even co-pays)
• Refer to EAP 1-800-236-3231

Reporting Incident

• Report that the incident happened to the principal / supervisor
• If there are questions beyond a simple reporting of the incident, request a union rep.
• Written reporting is best but sometimes it is not possible
• Take photos of your injuries

Notify BR

• Assist with following this list or with paperwork
• Help get medical attention if needed
• Monitor and moderate discussions /questions from principals
• Contact the MTEA office
• Give EAP information 1-800-236-3231

About the cops

• The MTEA encourages police reports / intervention when assault or battery happens to staff
• They are difficult to make later
• It is the victim's decision - not the principal's

You do not have to talk to the police without a lawyer present

File Incident Referral

• File this with Infinite Campus or
• Arrange for someone else to file the referral
• Keep a copy of the referral

File Assault Report

• File "Report of Assault Suffered by School Personnel"
• Available through school secretary or principal
• File with school secretary / principal
• Keep a copy of the completed form for records

File Worker's Compensation Form

• If needed
• Form EB-49
• Available from secretary or principal
• Keep a copy for your records
• Tell medical services that injury is work related

File Employee Statement of Injury

• Available through school secretary or principal
• File with supervisor
• Keep a copy for your records

File Claim for Damaged Property

• Ask for personal property loss form from principal
• Contact MTEA for EEL claims related to personal property loss or damage

Contact the MTEA if there is no disciplinary action or there are any other problems.
259-1990

Members who have been assaulted may go to the expulsion hearing. Testimony is provided based on written documents.

Wrap up

• Questions?
• Forms are in folders
• Forms are also available electronically - ask your Regional Executive Director
• 414-259-1990

For more information or help - contact your MTEA Regional Assistant Executive Director at
414-259-1990