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code of ethics
Violence and Threats at Schools
Idaho Department of Education
P. O. Box 83720
Boise, ID 83720-0027
Foreword
No school is immune from violence or the fear of violence. Problems occur in every type of school, in every part
of the state. Although serious injuries are rare, some school employees are hurt each year, and others receive
frightening threats from students or parents.
This Idaho Professional Standards Commission booklet offers practical information for crime victims and for
school employees seeking to make schools safer. This booklet is not intended to provide complete information
or legal advice on specific problems. We encourage employees to follow their school district policies for reporting
any incidents involving violence.
Thank you to the Arizona Education Association for graciously sharing materials useful in preparing this booklet.
Professional Standards Commission
Executive (Ethics) Committee
idaho state department of education
Violence and Threats at Schools II
An Employee Response to
Violence At School
Wait for police permission to clean up a crime scene.
You may destroy evidence inadvertently before tests
and photographs are taken.
Immediately record all facts surrounding the incident,
including the time and specific location. Often, a
drawing is useful.
A school employee assaulted or seriously
threatened at school is both a crime victim
and an employee.
The employee may also do the following:
A school employees response to violence will vary
depending on the circumstances. When a second
grader pokes his teacher with a pencil, the best
response might be a phone call home and no recess.
Perhaps after-school detention is appropriate when
an older student makes a fist and mumbles a threat
under his breath. More serious remedies are needed
as violence and threats of violence escalate.
Report the incident to the local police. If the district
refuses to contact the police, you may do so on
your own time. If the county attorney prosecutes
the case and the individual admits guilt or is found
guilty, the defendant may face counseling, volunteer
work, restitution, probation or loss of freedom. Even
if there are no immediate consequences for the
defendant, the police report may help demonstrate
a pattern of misconduct if violence recurs. In some
areas, a victim/witness program is available to
provide information and other assistance.
As a school employee, you can recommend specific
student discipline. You also can request that
communication from threatening parents be restricted
or conducted under safe supervision at school. The
school administration and governing board, however,
may disagree with your recommendations, and they
have the authority to make the final decisions on
student discipline and school management.
Seek an injunction against harassment or ask your
employer to do so.
Sue the person who committed the assault for
damages due to physical injuries and harm to
clothing, eyeglasses and other property. Sue the
parents of a minor who committed an assault, up to
$10,000.
As a victim of violence, you have legal remedies
available that are not related to your job
responsibilities. If a school employee is assaulted or
seriously threatened during work, the employee should
do the following:
Submit an insurance claim to the district for any
property damaged during an assault.
Immediately notify the school nurse and seek
medical treatment for any injury.
File a workers compensation claim for any injuries.
Immediately notify the supervisor, school resource
officer, or school administration.
Criminal Statutes That May Apply to Abuse or
Violence Involving School Employees:
Gather information by immediately recording all facts
surrounding the incident, including the time and
specific location. Often, a drawing is useful.
I.C. 18-916. Abuse of school teachers
Every parent, guardian or other person who upbraids,
insults or abuses any teacher of the public schools, in
the presence and hearing of a pupil thereof, is guilty of
a misdemeanor.
List all witnesses. Include addresses and phone
numbers, if available.
Keep all physical evidence (notes, phone
messages, etc.).
I.C. 18-904. Assault defined
Take color photographs of any injury or damage
as soon as possible.
An assault is:
Ask the administration to document the incident.
Obtain copies of any police and district reports.
Submit your corrections or additions if the police or
district reports are inaccurate.
idaho state department of education
(a) An unlawful attempt, coupled with apparent
ability, to commit a violent injury on the person
of another; or
Violence and Threats at Schools II
(b) An intentional, unlawful threat by word or act to
do violence to the person of another, coupled
with an apparent ability to do so, and doing
some act which creates a well-founded fear
in such other person that such violence is
imminent.
The following are Idaho statutes that provide guidance
on the use of self-defense:
I.C. 19-201. Lawful resistance
Lawful resistance to the commission of a public
offense may be made:
I.C. 18-905. Aggravated assault defined
1. By the party about to be injured.
An aggravated assault is an assault:
2. By other parties.
(a) With a deadly weapon or instrument without
intent to kill; or
I.C. 19-202. Resistance by threatened party
Resistance sufficient to prevent the offense may
be made by the party about to be injured:
(b) By any means or force likely to produce great
bodily harm; or
(c) With any vitriol, corrosive acid or a caustic
chemical of any kind.
1. To prevent an offense against his person, or his
family or some member thereof.
(d) Deadly weapon or instrument as used in
this chapter is defined to include any firearm,
though unloaded or so defective that it can not
be fired.
2. To prevent an illegal attempt by force to take or
injure property in his lawful possession.
I.C. 19-202A. Legal jeopardy in cases
of self-defense and defense of other
threatened parties
Self-Defense: When Is The Use of Physical
Force Justified?
No person in this state shall be placed in legal
jeopardy of any kind whatsoever for protecting
himself or his family by reasonable means
necessary, or when coming to the aid of another
whom he reasonably believes to be in imminent
danger of or the victim of aggravated assault,
robbery, rape, murder or other heinous crime.
A person may use physical force only to the extent
a reasonable person would believe that physical
force is immediately necessary to protect himself or
others. See, generally, I.C. 19-201 through 19-203.
Physical force is not justified in response to verbal
provocation alone. Physical force is not justified when
the person who provoked the incident withdraws or
clearly communicates an intent to withdraw.
I.C. 19-203. Resistance by other parties
Any other person, in aid or defense of the person
about to be injured, may make resistance
sufficient to prevent the offense.
On rare occasions, a school employee must use
physical force to defend himself or to briefly restrain a
student to prevent injury to the student or others. In
most cases, the employee should use the minimum
force necessary to prevent harm and immediately call
for help. Unless a student faces immediate danger
(such as a young student running into a busy street),
the school employee should not use physical force to
prevent a student from running away.
Removing Disruptive Students From Class
A student may be denied enrollment or attendance
by the district board of trustees if the student is
a habitual truant, incorrigible or whose conduct
is continuously disruptive of school discipline, its
instructional effectiveness or the health and safety
of other pupils. I.C. 33-205. The same statute
permits a district superintendent or school principal
to suspend temporarily any student for disciplinary
reasons, to include student harassment, bullying or
other disruptive behavior. Check with your school
district and principal to determine the policy you are to
follow when confronted with disruptive behavior in the
classroom.
Ask your district to explain its policy on the use of
physical force, restraints and touching students.
Ask your district for special training if you work with
severely disabled students or others who require
frequent touching or restraints.
idaho state department of education
Violence and Threats at Schools II
The Individuals with Disabilities Education Act
(IDEA) is a federal law that requires some additional
protections for special education students, especially
for students facing discipline for misconduct related to
their disabilities. IDEA does not prevent districts from
imposing discipline on special education students,
but may require additional procedures such as an IEP
meeting or consideration of various alternatives before
the district can change the students placement.
or uses any vulgar, profane or indecent language within
the presence or hearing of children, in a loud and
boisterous manner, is guilty of a misdemeanor.
Working to Make Your School Safer
There are a number of initial actions you can take to
gain greater control over school violence.
Encourage and establish school board policies that
encourage a safe school environment for students
and employees.
Idaho law provides additional bases for dealing with
abusive students:
I.C. 18-917A. Student harassment
IntimidationBullying
Ensure a system of policies or strategies that when
implemented provide effective disciplinary measures
for violators.
(1) No student shall intentionally commit, or conspire
to commit, an act of harassment, intimidation or
bullying against another student.
Establish school safety committees to consider a
wide variety of safety and violence problems.
(2) As used in this section, harassment, intimidation
or bullying means any intentional gesture, or any
intentional written, verbal or physical act or threat
by a student that:
(a) A reasonable person under the circumstances
should know will have the effect of:
Form coalitions with other organizations attempting
to eradicate all forms of school violence.
Remind students and staff not to joke about possible
violence.
(i) Harming a student; or
(ii) Damaging a students property; or
Publicize the problem in news releases and
brochures.
(iii) Placing a student in reasonable fear of
harm to his or her person; or
Advocate the development and implementation of
a multicultural/diversity curriculum in schools that
encourages students to get along with one another.
(iv) Placing a student in reasonable fear of
damage to his or her property; or
(b) Is sufficiently severe, persistent or pervasive
that it creates an intimidating, threatening or
abusive educational environment for a student.
Provide multicultural training for all education
employees.
Advocate the development and implementation of
conflict resolution programs for students and all
education employees.
An act of harassment, intimidation or bullying may
also be committed through the use of a land line, car
phone or wireless telephone or through the use of
data or computer software that is accessed through a
computer, computer system or computer network.
Consider hiring security guards, having metal
detectors, and adopting emergency code words and
other safety measures.
(3) A student who personally violates any provision of
this section may be guilty of an infraction.
I.C. 18-6409. Disturbing the peace
Every person who maliciously and willfully disturbs the
peace or quiet of any neighborhood, family or person,
by loud or unusual noise, or by tumultuous or offensive
conduct, or by threatening, traducing, quarreling,
challenging to fight or fighting, or fires any gun or pistol,
idaho state department of education
Violence and Threats at Schools II
Help for Employees Accused of Using
Excessive Force
Control your response by making requests that will
help you respond more carefully and thoughtfully.
Your requests may not be granted, depending
upon your employers policy. You may control your
response by:
If you have been accused of using excessive or
inappropriate force, take the accusation seriously.
1. Asking for representation at all meetings.
Your statements to parents, supervisors, police and
others may be used against you. You do not have to
confess or explain anything to the police.
2. Asking for details about the allegations before
responding. Ask for written allegations.
3. Asking to give a written response (with review by
your representative or attorney to assure brevity
and positive statements).
Think carefully before you speak to anyone. Silence
is better than a lie, and your statements might be
misinterpreted.
4. Responding partially by giving a brief denial
without details.
Ask for representation at any meeting to discuss the
incident with your supervisors. Your district policy may
or may not give you rights to representation during an
investigation. If you are denied representation, ask to
postpone the meeting for at least a day or two until you
can consult with or set up representation.
5. Responding with proof by attaching the names
and statements of other witnesses.
It is especially important to contact your representative
or attorney if your school threatens adverse action
such as dismissal, non-renewal, or suspension without
pay.
Ask for sufficient time to carefully write any incident
report and consult with your representative before
submitting it.
You should try to determine if the allegation is being
treated as a criminal offense. The safest course is to
assume that any allegation of excessive physical force
will be treated as a criminal offense.
Employees face a difficult decision when asked to
respond to an employers investigation that involves
accusations of criminal conduct. The choices include
the following:
If the allegation is being treated as a criminal offense,
you should contact a criminal defense attorney
immediately. You may need a criminal defense
attorney to help you decide whether to answer
questions about the incident or whether to remain
silent and invoke your Fifth Amendment privilege
against self-incrimination.
Remain silent. Silence is the best way to avoid
making incriminating statements. Silence is
especially important when the charges are serious
and the police are involved. Unfortunately, your
employer may perceive silence as guilt or an
insubordinate refusal to cooperate.
This pamphlet is meant to be a general guide and is
not intended to provide complete information or legal
advice on specific problems. Changes in the law may
modify the information provided. If you have legal
questions, you should seek legal counsel.
Respond fully and immediately. You might resolve a
minor matter quickly if you are completely innocent.
It is also likely, however, that you may make
statements that will be used against you later at
criminal or disciplinary proceedings.
Delay your response. Request a postponement so
that you can seek advice and provide a thoughtful
response.
idaho state department of education
Violence and Threats at Schools II
PSC
MMISSION
CO
OFESSIONA
PR
TANDARDS
LS
I DAHO
Professional Standards Commission
P.O. Box 83720
Boise, Idaho 83720-0027
Phone (208) 332-6884
Fax (208) 334-2094
www.sde.idaho.gov/site/teacher_certification/
Idaho Department of Education
Tom Luna
State Superintendent of Instruction
Division of District Support
Nick Smith - Deputy Superintendent
Christina Linder - Director, Office of Certification and
Professional Standards
