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Wednesday, May 22, 2013 | 5:44 a.m.

Posted: 3:10 p.m. Friday, Oct. 12, 2012

Teacher in student assault case not charged yet

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Meadowdale High School photo
Meadowdale High School

DAYTON, Ohio —

A teacher at Meadowdale High School who allegedly hit a 16-year-old student has been put on administrative leave by Dayton Public Schools, but she has not been arrested.

Maj. David Hale of the Montgomery County Sheriff’s Office said Friday the 49-year-old woman will at least be charged with misdemeanor assault, but no arrest has been made because investigators are conferring with the prosecutor’s office to determine the appropriate charge.

The alleged offense may rise to a felony under Ohio law if the teacher is considered a caregiver.

The incident Wednesday morning at the school on Whitestone Court was captured on video surveillance, but that video has not been released. Hale said the video is being used as evidence and he does not anticipate releasing it until the case is over.

The student uses a wheelchair because he has cerebral palsy and has severely limited mobility and verbal abilities. Hale said the video clearly shows the teacher and the student having a disagreement in the cafeteria. He said the student appears to try to flail his arms at her and the teacher smacks him in the shoulder once, and then again a short time later.

Dayton Public Schools officials acknowledged there was an incident that is being investigated and the teacher was put on paid administrative leave the same day.

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