A teacher was injured when she was standing in the hallway during a passing period and was knocked to the ground by a student. The student was playing with another student and was skipping backwards at a rapid pace. He collided with the teacher, whose back was to him, which caused her to fall to the ground. The teacher's ankle was broken during the incident, which resulted in her missing work from May 22 until the end of the school year. She applied for assault leave, which is a special type of leave that is available only when a teacher is required to take time off to recover from physical injuries sustained as a result of an assault by a student. The district determined that the incident could not be considered assault because the student did not bump into the teacher on purpose and denied the teacher’s request for assault leave. She filed a grievance regarding that decision and the school district's board of trustees upheld the denial.

The teacher appealed to the commissioner of education. The commissioner reviewed the case and held that the district was required to grant assault leave to the teacher. Under the law, a person commits an assault if they intentionally, knowingly or recklessly cause bodily injury to another. The commissioner noted that, although the student did not intentionally or knowingly collide with the teacher, he was not observant of his surroundings and the numerous people in the area and was not watching where he was going when he collided with the teacher. His conduct was therefore reckless and the collision with the teacher was an assault.