Can a school refuse to write an incident report?

UPDATED: Oct 1, 2022

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Can a school refuse to write an incident report?

I was terminated for pushing a aggressive employee who was screaming and cussing in my face she charged at me from across the kitchen at me. I was self defense I had asked her to leave 5 times before this. I applied for unemployment and the school said I assaulted her. I went to get the report they did. They do not have one. The went to the regular police and they said they can’t do reports in school property. When to school police they said they would do it and now the superintendent told them no. What can I do?

Asked on November 17, 2017 under Employment Labor Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, they can refuse to write an incident report. There is no law or other legal obligation requiring that any employer, including a school, write up incident reports about what happens at work or in the workplace. However, if necessary, you should be able to subpoena any other witnesses to appear to testify for you in an unemployment appeal--and if someone (e.g. the school police) did not witness the confrontation, then their report would essentially be valueless anyway, since it would not be based on actual personal knowledge
Ask the unemployment office about the appeal procedure and your right to subpoena witnesses. Even if you can't do it in an "in-house" appeal within the unemployment office, if you then escalate to appealing in court, you should be able to subpoena witnesses at that point.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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