What is a student assault? It is the threat of physical harm combined with the present apparent ability to carry out that threat. The threat has to create a fear of imminent harm or result in offensive contact. An assault is an intent crime—a student under the age of seven, or a student lacking the mental capacity to form such an intent, will probably not be prosecuted for an assault.
If assaults are something that occur in your school, you have options. Let’s take a look: Document the event. Your report must include a detailed description, plus the date, time, and location of the incident. Most importantly, your documentation must include witnesses.
Report physical injury. If you sustain physical injuries, complete the first report of injury form and submit it to the appropriate administrator at your school.
See your doctor immediately!
Contact your local UniServ director.
File for workers’ compensation benefits. Don’t rely on the school system to do it for you!
Use assault leave benefits. If you miss work due to injuries, your UniServ director can help you access assault leave benefits instead of sick days.
File criminal charges. This may be for documentation purposes only, but the act of filing informs parents or guardians and places the school system on notice. In some counties filing charges is necessary to qualify for assault leave benefits.
Above all, if you are the victim of a student assault, contact your local association for advice and guidance.