5495: Corporal Punishment and Physical Contact

5495: Corporal Punishment and Physical Contact holly Thu, 07/11/2019 - 14:50

Corporal punishment shall not be used to discipline students. Reasonable physical, protective force may be used by staff members when it is immediately necessary to protect himself or herself, to protect other persons against the use of unlawful force, to protect a student from harming himself or herself, or to prevent an unlawful entry or other trespass upon land or a trespass against or the unlawful removal of tangible, moveable property. Reasonable and incidental physical contact may be used by staff members when it is not intended to punish a student for disapproved behavior and is instead intended to promote personal interaction with a student or to preserve order or protect persons or property from harm.

Date of Adoption
July 5, 1988
Date of Revision
March 5, 2001
November 19, 2018
Reaffirmed
February 21, 2011

5495.1: Corporal Punishment and Physical Contact

5495.1: Corporal Punishment and Physical Contact holly Thu, 07/11/2019 - 14:52

I. Corporal Punishment Prohibited

Corporal punishment shall not be used to discipline students. 

II. Corporal Punishment Defined

Corporal punishment is the infliction of bodily pain as a penalty for disapproved behavior. Corporal punishment does not, as hereinafter provided in Sections III and IV, include any and all physical force or physical contact. 

III. Allowable Physical Force

Reasonable, protective physical force may be used by a staff member in the following circumstances. 

A. When the staff member believes that reasonable, protective physical force is immediately necessary for the purpose of protecting himself or herself against the use of unlawful force. 

B. When the use of reasonable, protective force is justifiable to protect a third person. To be justifiable to protect a third person, the staff member must believe that he or she would be justified in using such protective force to protect himself or herself in such circumstances, that the third person would be justified in using such protective force, and that intervention is necessary for the protection of the third person. 

C. When the staff member believes that reasonable, protective physical force is immediately necessary for the purpose of protecting a student from inflicting physical harm or otherwise injuring the student’s own self. 

D. When the staff member believes that reasonable, protective physical force is immediately necessary to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful removal of tangible, movable property, provided that such land or movable property is, or is believed by the staff member to be, in his or her possession or in the possession of another person for whose protection the staff member acts. 

IV. Allowable Physical Contact

 Reasonable and incidental physical contact, which is not intended to punish a student for disapproved behavior, may be used by staff members in the following circumstances. 

A. When it is intended and used to provide personal and instructional interaction with a student. 

B. When it is intended and used to aid a student, further school purposes, or prevent interference with the educational process. 

C. When it is intended and used to maintain order and control. 

 

D. When it is intended and used to protect persons or property from harm.

Date of Adoption
July 5, 1988
Date of Revision
March 5, 2001
November 19, 2018
Reaffirmed
February 21, 2011