Menacing Clause Samples

Menacing. A. The procedure to be followed in case of serious men- acing of an employee by a pupil in the course of employ- ment are set forth below. For purposes of this section, “Serious Menacing” is defined as the pupil making a threat to the bargaining unit member in the presence of other wit- nesses of bodily harm, orally or in writing, directed to the bargaining unit member or a member of the bargaining unit member’s family. 1. The employee shall make a written complaint to the Cleveland Police with respect to the menacing behavior, with a copy to the school Principal. In addition, the employee shall report the incident immediately to the school office on an incident form. 2. After the steps described in (1) have been complet- ed, if a serious incident of menacing is alleged the Principal or designee shall investigate the allega- tion promptly. If the Principal finds that a serious incident of menacing did not take place, the em- ployee may request a Regional Superintendent or designee to review the facts and render a decision. 3. If the Principal determines that serious menacing occurred, then the following steps shall be taken: a. The Principal shall notify the parents. b. If the Principal determines that serious menac- ing occurred after due process, the student shall be immediately suspended for ten (10) days. c. The Principal shall write a referral of the inci- dent and send same to the Division of Hearings d. The Principal shall notify in writing the Union Building Chairperson and the affected employ- ee of the incident’s disposition. e. The Principal shall send a supplementary refer- ral including behavioral and academic record of the student involved to the Division of Hearings and Appeals. f. The Division of Hearings and Appeals shall conduct a due process hearing within ten (10) days and will, upon review of the facts, deter- mine whether the matter should be referred to the juvenile court. g. Based upon the results of the due process hear- ing in “f” above, the student who is found to have committed a serious act of menacing shall not be returned to that school for the balance of that school year. h. In the event the due process hearing set forth above is not conducted and concluded within ten (10) days, the student shall be transferred to another school or program outside of the home school pending completion of the due process hearing. B. In instances when a student is to be prosecuted for an assault on an employee, District employees assigned to J...