Procedure Regarding Assault or Offensive Touching
Directed Towards Staff Members
In accordance with Delaware Law, when a staff member reports to the principal that
he/she has been the victim of an assault or an offensive touching incident, the following
1. The principal will report the incident to the Superintendent of Schools, identifying
the student and the staff member involved in the incident. The Superintendent of
Schools will file an online report of the incident with the State Department of Public
2. The principal will obtain a written statement from the staff member.
3. The principal will hold a conference with the student for his/her statement regarding
4. The principal will notify the student’s parents of the incident.
5. The principal will follow procedures per H.B. 85 requirements. The student may
return to school at such time that a conference is held with the parents unless under
6. The principal will file charges in Justice of the Peace Court Number 4 in Seaford if the
offense is determined to merit charges after consultation with police.
7. The staff member will have to testify in court against the student when charges are
8. The staff member will have the benefits of the District’s legal counsel, if needed.
NOTE: H.B. 85 now requires specific actions when a school employee is a victim of
offensive touching or assault by a student.