May 14, 2019 03:43 PM
ROCHESTER, N.Y. (WHEC) -- Rochester Police arrested a teacher's aide at School 54 in Rochester.
The aide, Latoya Davis, is charged with endangering the welfare of a child and unlawful imprisonment. Both charges are misdemeanors.
According to court papers obtained by News10NBC Tuesday morning, Davis wrapped duct tape around the wrists, arms and mouth of a student under the age of 17 in a special education class.
The papers say the tape was wrapped around "three to five times." The court papers say it happened near the end of class on April 10.The court papers say scissors had to be used to cut the tape around the student's arms.
In a statement attached to the complaint, the teacher in the room said Ms. Davis asked her for tape. Teacher Lauren Missell said in her statement, "a few seconds later I looked over and saw Latoya Davis wrapping duct tape around (the student's) wrist and forearms."
Missell's statement said she was "shocked by what I saw." She went on to say Davis "then cut an additional piece of tape and put it onto (the student's) mouth, covering his mouth." She then said Davis "ripped the tape off (the student's) mouth."
Missell says in the statement that she contacted a school official the following day and then had a meeting with the principal.
News10NBC went by the home of Ms. Davis but no one came to the door.
News10NBC asked the city school district for a statement and an explanation into what kind of restraints can be used on a student and when they can be used. As of the posting of this story, neither have been provided by the school district.
Section 8 NYCRR §§19.5(a) and 100.2(l) in New York state education law says corporal punishment is prohibited.
The law does say the use of reasonable physical force is allowed for the following purposes:
- to protect oneself from physical injury
- to protect another pupil or teacher or any person from physical injury
- to protect the property of the school, school district or others
- to restrain or remove a pupil whose behavior is interfering with the orderly exercise and performance of school or school district functions, powers and duties, if that pupil has refused to comply with a request to refrain from further disruptive acts.
Nowhere in the law does it specify what kind of restraints can be used.
Updated: May 14, 2019 03:43 PM
Created: May 14, 2019 03:35 PM
Copyright 2019 - WHEC-TV, LLC A Hubbard Broadcasting Company