thompsonFredValley City (CSi) In a news release, Valley City Police Chief, Fred Thompson addressed violence in schools, which is becoming more common across the U.S.

Many agencies have attempted to address the issue at public forums talking about how to protect students, teachers and the public.

Addressing the issue in Valley City  Chief Thompson says, from time to time there are stories that talk about the interaction between a teacher(s) and student(s.) It is not uncommon that the story contains allegations of the teacher(s), security, or police, using excess force against a student.

Thompson said there have been some cellphone videos in the national media that appeared to show teacher(s), administrator(s), or police and/or security personnel using force against someone whom could be considered to be an unruly or combative student.

He added that in many of these stories the teachers, administrators, or law enforcement personnel are vilified in the media before any investigation is completed or a determination made of the truth.

Thompson reports that although these types of incidents are rare, the Valley City community is not immune to them. In his opinion, the North Dakota Legislature did an excellent job in crafting a law that protects both sides and gives law enforcement the ability to determine the offending party.

He said parents need to understand that this law exists not only for the protection of their student but for school district employees when they deal with unruly, uncooperative, or combative students.

Parents are reminded that if their students say that they were harmed, to first call the school administration to try and get the facts.

Concerned parents can contact Valley City Police if they have any questions at 845-3110.

News Release from Chief Thompson:

From time to time in the media there are stories that talk about the interaction between a teacher(s) and student(s). It is not uncommon that the story contains allegations of the teacher(s), security, or police, using excess force against a student. Recently there have been some cellphone videos in the national media that appeared to show teacher(s), administrator(s), or police and/or security personnel using force against someone whom could be considered to be an unruly or combative student. In many of these stories the teachers, administrators, or law enforcement personnel are vilified in the media before any investigation is completed or a determination made of the truth of the matter. Here in Valley City we are not immune to these types of incidents, although they are very rare.

I thought I would take the time to discuss this issue as it pertains to North Dakota Century Code (NDCC) and what VCPD will do with such an allegation. NDCC is clear and states in part:

“15.1-19-02. Corporal punishment – Prohibition – Consistent policies.

  • A school district employee may not inflict, cause to be inflicted, or threaten to inflict corporal punishment on a student.
  • This section does not prohibit a school district employee from using the degree of force necessary:

 

  1. To quell a physical disturbance that threatens physical injury to an individual or damage to property;
  2. To quell a verbal disturbance;
  3. For self-defense;
  4. For the preservation of order; or
  5. To obtain possession of a weapon or other dangerous object within the control of a student.
  • For purposes of this section, corporal punishment means the willful infliction of physical pain on a student; willfully causing the infliction of physical pain on a student; or willfully allowing the infliction of physical pain on a student. Physical pain or discomfort caused by athletic competition or other recreational activities voluntarily engaged in by a student is not corporal punishment. A school board may not expand through policy the definition of corporal punishment beyond that provided by this subsection.”

 

 

As you can see, no school district employee can harm a student in any fashion and can be prosecuted accordingly if they do. However, as stated in section 2, when a student acts in a

manner that is harmful to others, starts or is involved in a verbal disturbance, is unruly, or has possession of a weapon, school district employees are permitted by law to use that force necessary for the restoration of order, the protection of individuals or property, or to obtain possession of that weapon from a student.

There is no doubt in my mind that should an incident occur at any of the Barnes County School District facilities, that the appropriate law enforcement agency will be notified and that they will respond. In the case of VCPD, we will respond, investigate, complete a written report, and where and when appropriate, make an arrest of the offending party, be it a student or employee.

It is my opinion that the North Dakota Legislature did an excellent job in crafting a law that protects both sides of the altercation and gives law enforcement the ability to determine the offending party. Parents need to understand that this law exists not only for the protection of their student but for School District employees as well when they deal with unruly, uncooperative, or combative students, and that should their student profess that they were harmed, the first call should be to the school administration to try and get the facts. If force is used in the incident school administration routinely contacts the appropriate law enforcement agency so that the matter can be investigated. Parents can also contact law enforcement directly, should they so choose.

In every case when notified, law enforcement will determine the offending party and deal with them accordingly. We do not take sides, and we will gather the facts in an impartial and professional manner.

Please feel free to contact me if you have any questions at (701) 845-3110.