The Alliance officers and staff have received a number of questions about what the appropriate consequence is when a student assaults a district employee. According to the SAISD Student Code of Conduct, a student must be placed in a Disciplinary Alternative Education Program (DAEP) for certain offenses. One such offense is #27.DA – “Engages in conduct that contains the elements of assault by contact against a school district employee or volunteer where there is not bodily injury or harm.” Assault by contact is defined in the Texas Penal Code as: “intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.”
If the assault causes bodily injury to the school employee, the student may be expelled. Assault with bodily injury is defined in the Penal Code as: “intentionally, knowingly or recklessly causing bodily injury to another.” If the assault against the school employee is aggravated assault (an assault which causes serious bodily injury to another; or an assault during which the person uses or exhibits a deadly weapon), then the expulsion is mandatory. “Serious bodily injury” is defined as “injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
Any Alliance member needing assistance with a situation involving an assault by a student should contact the Alliance office, 225-7174, for assistance.
Copyright 2010 San Antonio Alliance of Teachers and Support Personnel