Parent calls for changes in NHS student handbook regarding fights

On June 10, two weeks before the Newton Community School District Board of Education would consider approval of the updated senior high school student handbook, a parent asked board members to review procedures toward fighting that, he claimed, punish students who defend themselves from their aggressors by issuing criminal charges to both parties, in addition to disciplinary action from the district.

During the open forum, which allows speakers to address the school board regarding issues not listed on the regular agenda, Travis Richtsmeier of Newton, recalled an altercation his child had with another student at the high school. The incident took place in April and resulted in disorderly conduct charges and the suspensions of both students.

Disagreeing with the board-approved procedures and disciplinary actions, Richtsmeier said he was told students have to do “whatever they have to do to get away” from the fight without retaliating in return, no matter “how badly they’re getting beat on.” Richtsmeier added, “I think it should be changed to where a child shouldn’t have to be beat on.”

According to the 2018-19 edition of the Newton Senior High School Student Handbook, fighting or physical contact determined to be serious and potentially harmful is not tolerated. Violators can receive up to 10 days of out-of-school suspensions and be charged with disorderly conduct through the Newton Police Department.

Newton High School Principal Bill Peters told the Newton Daily News the school’s policy is to refer any acts of violence or aggression to the “local authorities to determine if charges can be filed.” The senior high student handbook states the following situations result in suspension and police charges:

• Fighting after attempts have been made to resolve a specific conflict.

• An unprovoked student attack on another student.

• Bringing a non-school related issue to school which results in a fight.

An affidavit acquired by the Newton Daily News revealed police officers were dispatched at approximately 1:31 p.m. April 4 to a report of a fight at the high school between two students, one of whom was the child of Richtsmeier. Newton Daily News has chosen to not reveal the names of the students involved since both are under the age of 18.

About 15 minutes before officers arrived, Student A walked outside a classroom and waited in the math hallway facing the door. When Student B walked by, Student A got in Student B’s face. Student B walked around. As they continued walking down the north hallway, Student A said something to Student B, who tried walking around again.

Walking side by side, Student A “knocked (Student B’s) Apple AirPod out.” Student B “then hit (Student A) and they started hitting each other back, equally fighting.” Another student broke up the fight. According to the affidavit signed by School Resource Officer Julie Britton of the Newton Police Department, the incident “started over social media and bad name calling.”

The Newton Daily News was unsuccessful in the attempts to contact both students’ parents for comment by presstime Monday.

There were five incidents that resulted in a disorderly conduct or assault charge during the past school year at Newton High School, the Newton Police Department determined.

Newton Police Chief Rob Burdess said disorderly conduct is a simple misdemeanor, the penalty of which is a maximum of 30 days in jail and a fine of $65 to $625. Since most students are juveniles, the penalty is often handled differently and can sometimes vary from case-to-case at the discretion of the juvenile court office or judge.

Other school districts in the surrounding area involve law enforcement in its policies and procedures, specifically regarding fights, assaults and other harmful behaviors.

The Baxter Community School District 2018-19 Handbook states harassment, bullying and abuse may be considered violations of criminal or other laws, in addition to school policies. The district “has the authority to report students violating this rule to law enforcement officials.”

Students at Colfax-Mingo Jr/Sr High School engaged in conduct considered illegal under state statute “may be referred to local law enforcement authorities, in addition to facing school disciplinary consequences,” according to the school’s handbook.

Richtsmeier also took issue with the Newton school district’s procedures of providing video camera surveillance footage to the parents of students involved in a fight. In order to gain access to the video footage, both sets of parents must give the OK.

The Newton Senior High School 2018-19 Student Handbook only states that “video surveillance cameras may be used on school district grounds and inside and outside of school district buildings to assist in the security and safety of students, staff and property.”

NCSD Superintendent Bob Callaghan said, to his knowledge, the school district has not made changes to its handbooks based on requests from the general public, at least during his tenure at the district.

The NCSD Board of Education will consider approval of each campus handbook during its Monday evening meeting. Handbooks are prepared and updated by the respective campus principals.

“The high school handbook is trying to ensure the safety of all students on the campus at all times,” Callaghan said. “As principals, a responsibility is to be an advocate for both students who may have conflicting accounts of what has occurred.”

Contact Christopher Braunschweig at 641-792-3121 ext. 6560 or cbraunschweig@newtondailynews.com