Any staff member having knowledge of a violation of Policy 5300.55, either the administration of corporal punishment or the use of unreasonable or immoderate physical force against a student, must report the incident to the Building Principal and to the Superintendent of Schools, in writing, within twenty-four (24) hours. The report shall include the circumstances surrounding the incident.
The Principal or other appropriate administrator will meet with the staff member, student, and parent or legal guardian to review the particular situation.
The Superintendent shall review all available factors and evidence, and shall confer with the Principal about the matter. The Superintendent may require additional information and may interview individuals at his/her discretion.
- The appropriate parties shall be notified if violation of this policy is not substantiated. Notification shall be in writing with a verbal follow-up explanation, if needed.
- If violation of this policy is substantiated, the Superintendent, along with the appropriate Principal, shall meet with the staff member (and an Association representative, if desired) to review all pertinent data and explore all possible options. He/She shall then determine an appropriate course of action, in consultation with the District’s legal counsel.
- Legal counsel will be provided by the District for the staff member as per Section 3028 of the Education Law.
Insofar as is possible, the entire incident will remain confidential. The administrators will not divulge any specifics of the matter and the staff member and the student (with the student’s family) are asked to refrain from publicly discussing the case while any litigation may be prospectively pending.
This admonition to confidentiality shall not preclude the requirement to report semi-annually to the Commissioner of Education under section 100.5(a) of the Commissioner’s Regulations.
Adoption date: June, 1993
Revised: June 25, 2001