Teacher-turned-paraprofessional urges investigation after alleged assault, FMLA and misclassification disputes with CPS

Monica Allen told the commission during the Oct. 1 meeting that she was assaulted by a student on March 31 and that she was not paid or granted assault leave she believes she was entitled to under the collective bargaining agreement. She said she provided extensive documentation but that personnel processes at Cincinnati Public Schools (CPS) left questions unanswered and that she had not received requested job descriptions, witness statements or camera footage related to the incident.

"I was assaulted by a student," Allen said, and added she is on record with the Ohio Civil Rights Commission and has filed workers’ compensation and ADA-related claims. She told commissioners she believes she lost roughly $6,000 in pay and benefits and asked the commission to request documents and a formal classification study to determine whether she has been misclassified and underpaid for teacher-level duties.

Daniel Hoying, general counsel for Cincinnati Public Schools, told the commission CPS approved a workers’ compensation claim, paid related medical bills and had responded through grievance and internal processes. Hoying said there is no contemporaneous video evidence of an assault that CPS has identified and that CPS is not aware of civil service rule violations in this matter; he also said an ADA charge is pending with the Ohio Civil Rights Commission. Hoying told commissioners CPS would provide any non-confidential records to which Allen is legally entitled.

Commissioners said they were limited in some areas by jurisdiction (including federal FMLA rules) but agreed to obtain non-confidential documents Allen requested and to discuss outstanding jurisdictional questions and next steps in executive session. Allen pressed for named witness statements, camera footage and the classification study; Hoying said CPS would provide records it could legally share. The commission did not issue a final decision in public session and deferred further action to closed deliberations and follow-up with CPS.