With the increasing level of incivility, disrespect, anger, and violence of both students and adults on school property observed over the past few years, District leaders met with local law enforcement, elected officials, and judiciary representatives to discuss the prevention of and response to physical assaults on school property. From these meetings, this resource is being provided to CMCSS families, employees, and the general public to share resources if you have been a victim of a physical assault on school property.
Tennessee state law defines assault as (1) Intentionally, knowingly or recklessly causes bodily injury to another; (2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or (3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.
Those who commit an assault can face consequences from both CMCSS and the criminal legal process. It is important to note that CMCSS cannot criminally charge any person for committing an assault or act as the affiant or legal counsel for a victim of an assault. Criminal matters are under the jurisdiction of law enforcement, the District Attorney’s Office, and the courts. The information provided on this webpage does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
CMCSS Policies
Assaults or fighting between students is a Category 3 offense with consequences including out-of-school suspension or remandment to Alternative School. Repeated Category 3 offenses can rise to Category 4 offenses. It is a violation of District policy for a student to threaten physical violence against any other student and/or physically assault another student, except in situations where self-defense is used. Self-defense is defined as a student who reasonably believes him/herself to be in imminent danger from another student, and uses the necessary force to protect him/herself. If the victim of force has the opportunity to walk away but chooses to use force in return, this constitutes retaliation, not self-defense. If bodily harm is inflicted, this should immediately be reported to proper law enforcement officials.
A threat of physical injury by a student against any school system employee is a Category 4 offense with consequences including remandment to Alternative School.
Aggravated assault or assault that results in bodily injury by a student upon a school system employee or School Resource Officer is a Zero Tolerance offense with a mandatory calendar-year expulsion. If a student commits aggravated assault as defined in T.C.A. §39-13-102 or assault that results in bodily injury as defined in T.C.A. §39-13-101(a) upon a teacher, principal, administrator, or any other employee of a local education agency or school resource officer, they can face criminal charges in addition to expulsion from school.
Law Enforcement and Judicial Resources
School Resource Officers in the Clarksville-Montgomery County School System are employees of the Montgomery County Sheriff’s Office and provide safety, security, training, and guidance in all CMCSS schools, both in the Clarksville city limits and Montgomery County.
If you have been a victim of physical assault on school property, you should immediately report the incident to school administration and the School Resource Officer. If you have been injured and need emergency medical treatment, immediately call 911. Although School Resource Officers respond to incidents on school property both inside and outside of the Clarksville city limits, if an assault occurs in the Clarksville city limits, you have the right to report the assault to the Clarksville Police Department. Additionally, the Clarksville Police Department may respond to incidents on school property, including buses, within the city limits.
In Montgomery County, you can call 911 for both emergency and non-emergency matters for both the Clarksville Police Department and Montgomery County Sheriff’s Office as well as fire and emergency medical services.
The victim, and/or a minor victim’s legal parent/guardian, may be advised by law enforcement to be an affiant (a person who swears to an affidavit) on legal documents related to the assault. CMCSS cannot serve as the affiant on behalf of the victim(s) of a physical assault on or off school property. Additionally, CMCSS cannot provide legal guidance or serve as the victim’s legal counsel in a civil or criminal case.
Click here for contact information for the District Attorney’s Office and court system in Clarksville-Montgomery County.