Ohio Revised Code
Chapter 3313 | Boards of Education
Section 3313.951 | Qualifications for School Resource Officers.

Effective: March 24, 2021
Latest Legislation: House Bill 123 - 133rd General Assembly
(A) As used in this section:
(1) "Law enforcement agency" has the same meaning as in section 149.435 of the Revised Code.
(2) "Peace officer" has the same meaning as in division (A)(1) of section 109.71 of the Revised Code.
(3) "School resource officer" means a peace officer who is appointed through a memorandum of understanding between a law enforcement agency and a school district to provide services to a school district or school as described in this section.
(B)(1) A school resource officer who provides services to a school district or school on or after November 2, 2018, shall, except as described in division (B)(2) of this section, satisfy both of the following conditions:
(a) Complete a basic training program approved by the Ohio peace officer training commission, as described in division (B)(1) of section 109.77 of the Revised Code;
(b) Complete at least forty hours of school resource officer training within one year after appointment to provide those services through one of the following entities, as approved by the Ohio peace officer training commission:
(i) The national association of school resource officers;
(ii) The Ohio school resource officer association;
(iii) The Ohio peace officer training academy.
(2) A school resource officer who is appointed to provide services to a school district or school prior to November 2, 2018, shall be exempt from compliance with the training requirements prescribed in division (B)(1)(b) of this section.
(3) A certified training program provided by an entity described in division (B)(1)(b) of this section shall include instruction regarding skills, tactics, and strategies necessary to address the specific nature of all of the following:
(a) School campuses;
(b) School building security needs and characteristics;
(c) The nuances of law enforcement functions conducted inside a school environment, including:
(i) Understanding the psychological and physiological characteristics consistent with the ages of the students in the assigned building or buildings;
(ii) Understanding the appropriate role of school resource officers regarding discipline and reducing the number of referrals to juvenile court; and
(iii) Understanding the use of developmentally appropriate interview, interrogation, de-escalation, and behavior management strategies.
(d) The mechanics of being a positive role model for youth, including appropriate communication techniques which enhance interactions between the school resource officer and students;
(e) Providing assistance on topics such as classroom management tools to provide law-related education to students and methods for managing the behaviors sometimes associated with educating children with special needs;
(f) The mechanics of the laws regarding compulsory attendance, as set forth in Chapter 3321. of the Revised Code;
(g) Identifying the trends in drug use, eliminating the instance of drug use, and encouraging a drug-free environment in schools.
(4) The Ohio peace officer training commission shall adopt rules, in accordance with Chapter 119. of the Revised Code, for the approval of school resource officer training provided by an entity described in division (B)(1)(b) of this section.
(C)(1) If a school district decides to utilize school resource officer services, the school district and the appropriate law enforcement agency shall first enter into a memorandum of understanding that clarifies the purpose of the school resource officer program and roles and expectations between the participating entities. If a school district is already utilizing school resource officer services on November 2, 2018, the school district and the law enforcement agency shall enter into a memorandum of understanding within one year after November 2, 2018.
(2) Each memorandum of understanding shall address the following items:
(a) Clearly defined set of goals for the school resource officer program;
(b) Background requirements or suggested expertise for employing law enforcement in the school setting, including an understanding of child and adolescent development;
(c) Professional development, including training requirements that focus on age-appropriate practices for conflict resolution and developmentally informed de-escalation and crisis intervention methods;
(d) Clearly defined roles, responsibilities, and expectations of the parties involved, including school resource officers, law enforcement, school administrators, staff, and teachers;
(e) A protocol for how suspected criminal activity versus school discipline is to be handled;
(f) The requirement for coordinated crisis planning and updating of school crisis plans;
(g) Any other discretionary items determined by the parties to foster a school resource officer program that builds positive relationships between law enforcement, school staff, and the students, promotes a safe and positive learning environment, and decreases the number of youth formally referred to the juvenile justice system.
(3) A school district, through its school administration, may give students an opportunity to provide input during the drafting process of any memorandum of understanding being entered into pursuant to division (C) of this section.
(D)(1) In accordance with the requirements prescribed in this section, a school resource officer may work in one or more school districts or schools providing the following services:
(a) Assistance with adoption, implementation, and amendment of the comprehensive emergency management plan required under section 5502.262 of the Revised Code;
(b) Carrying out any additional responsibilities assigned to the school resource officer under the employment engagement, contract, or memorandum of understanding, including but not limited to:
(i) Providing a safe learning environment;
(ii) Providing valuable resources to school staff members;
(iii) Fostering positive relationships with students and staff;
(iv) Developing strategies to resolve problems affecting youth and protecting all students.
(2) A school resource officer shall consult with local law enforcement officials and first responders when assisting a school district's administrator in the development of a comprehensive emergency management plan.
(E) The school district or school administrator shall have final decision-making authority regarding all matters of school discipline.

Structure Ohio Revised Code

Ohio Revised Code

Title 33 | Education-Libraries

Chapter 3313 | Boards of Education

Section 3313.01 | Membership of Board of Education or Governing Board of Service Center.

Section 3313.02 | Membership of Boards in City School Districts.

Section 3313.03 | Redistricting Into Subdistricts.

Section 3313.04 | Petition for Submission of Question of Number of Members and Organization of Board.

Section 3313.05 | Submission of Plans to Electors - Contents - Separate Ballot.

Section 3313.06 | Election - Expense of Commission.

Section 3313.07 | Adoption by Majority Vote.

Section 3313.08 | Election of Members.

Section 3313.09 | Term of Office of Members.

Section 3313.10 | Oath of Office of Member.

Section 3313.11 | Vacancy in Board.

Section 3313.12 | Compensation and Mileage.

Section 3313.13 | Membership Restriction.

Section 3313.131 | Member of Governing Authority of Community School Prohibited From Membership on Board of Education.

Section 3313.14 | Annual Organizational Meeting.

Section 3313.15 | Regular Meetings of Board.

Section 3313.16 | Special Meetings of Board.

Section 3313.17 | Corporate Powers of the Board.

Section 3313.171 | Consultant Services.

Section 3313.172 | Purchase, Lease, or Lease-Purchase of Motor Vehicles.

Section 3313.173 | Reward for Information on Person Who Commits Violation of Law.

Section 3313.18 | Quorum - Recording of Votes - Adoption of Annual Appropriation Resolution.

Section 3313.19 | Power of Board to Compound or Release Claims Due From Banks.

Section 3313.20 | Rules - Locker Search Policy - Professional Meetings.

Section 3313.201 | Procurement of Insurance Against Liability of Officers, Employees, and Pupils of District.

Section 3313.202 | Insurance and Fringe Benefits.

Section 3313.203 | Liability Insurance - Indemnification.

Section 3313.204 | Advertise Offering of Adult Education Classes.

Section 3313.205 | Notification of Student's Absence From School.

Section 3313.207 | Latchkey Program Definitions.

Section 3313.208 | School District Participation in Provision of Latchkey Programs.

Section 3313.209 | Options for Districts That Do Not Operate a Latchkey Program.

Section 3313.21 | Authority of School Board Over Selection of Instructional Materials and Curriculum.

Section 3313.211 | Employee Compensation While Serving as Juror.

Section 3313.212 | Parental Review of Instructional Materials, Etc.

Section 3313.22 | Appointment of Treasurer - Re-Employment - Evaluation.

Section 3313.222 | Agreement of Districts to Jointly Employ Treasurer.

Section 3313.23 | Absence or Incapacitation of Treasurer.

Section 3313.24 | Compensation of Treasurer.

Section 3313.241 | Documents to Be Executed by Superintendent.

Section 3313.25 | Bond of Treasurer of Board.

Section 3313.26 | Record of Proceedings.

Section 3313.261 | Treasurer to Notify Board of Elections of Changes in Boundaries.

Section 3313.27 | Delivery of Funds to Board at Expiration of Term of Treasurer - Certificate.

Section 3313.28 | Delivery of Records to Successor.

Section 3313.29 | Treasurer to Keep Account of School Funds - Vouchers.

Section 3313.291 | Petty Cash Account.

Section 3313.30 | Declaration That School District Is Unauditable; Notice.

Section 3313.31 | Treasurer to Perform All Duties Relating to Moneys.

Section 3313.311 | Policies for Use of Credit Card Accounts.

Section 3313.32 | Moneys to Be Placed With Treasurer When Depository Ceases to Act.

Section 3313.33 | Conveyances and Contracts.

Section 3313.34 | Process Against Boards.

Section 3313.35 | Legal Adviser of Boards of Education and Governing Board of an Educational Service Center.

Section 3313.351 | Information Regarding Contracting With Online Service Providers.

Section 3313.36 | Acceptance of Bequests, Gifts, or Endowments.

Section 3313.37 | Powers Regarding School Buildings and Facilities; Educational Service Centers; Acquisition of Property and Equipment.

Section 3313.371 | Governing Board of Service Center May Borrow Money to Purchase Computer Equipment.

Section 3313.372 | Installment Payment Contract for Purchase and Installation of Energy Conservation Measures.

Section 3313.373 | Shared-Savings Contract.

Section 3313.374 | Installment Payment Contract for Construction and Purchase of Administrative Offices.

Section 3313.375 | Lease-Purchase Agreement for Building or Improvements to Building.

Section 3313.376 | Service Centers May Jointly Purchase Commodities.

Section 3313.38 | Residence for Principal or Teacher When School District Inaccessible From Mainland.

Section 3313.39 | Appropriation of Land.

Section 3313.40 | Exchange of Real Estate.

Section 3313.41 | Disposal of Real or Personal Property - Acquisition of Real Property.

Section 3313.411 | Lease or Sale of Unused School Facilities.

Section 3313.412 | Direct Sale or Lease of Real Property to Stem School.

Section 3313.413 | Priority Consideration of High-Performing Community Schools in Sale or Lease of Real Property or School Facilities.

Section 3313.42 | School District of This State and Another State May Maintain a School Jointly.

Section 3313.43 | Dedication of School Lands for Street Purposes - Certificate of Dedication.

Section 3313.44 | School Property Exempt From Taxation.

Section 3313.45 | Board May Execute and Deliver Contracts or Leases to Mineral Lands.

Section 3313.451 | Investigation, Exploration, Production of Oil and Gas.

Section 3313.46 | Contract Bidding Process; Exceptions.

Section 3313.47 | Management and Control of Schools Vested in Board of Education.

Section 3313.471 | Presentation of Career Information.

Section 3313.472 | Policy on Parental and Foster Caregiver Involvement in Schools.

Section 3313.48 | Free Education to Be Provided; Hours in a School Year.

Section 3313.481 | School Schedule.

Section 3313.482 | Plans for Completion of Make Up Days via Web Access.

Section 3313.483 | Delaying Opening for Financial Reasons.

Section 3313.484 | Loans After 3-1-98 Prohibited - Subsidy for Interest Expense.

Section 3313.487 | Report on District's Financial Condition.

Section 3313.488 | School District Fiscal Statement.

Section 3313.489 | Determining Whether District May Be Unable to Operate During Entire School Year.

Section 3313.4810 | Receiving Loans.

Section 3313.49 | Suspension of School - Resolution of Board - Transfer of Pupils.

Section 3313.50 | Record of Tests - Statistical Data - Individual Records.

Section 3313.51 | Disbursement and Deposit of School Funds.

Section 3313.52 | Evening Schools.

Section 3313.53 | Special Instruction Departments and Schools - Pupil-Activity Programs.

Section 3313.531 | Adult High School Continuation Program.

Section 3313.532 | Excusing Disabled Adults From Assessments.

Section 3313.533 | Alternative School - Plan.

Section 3313.534 | Policy of Zero Tolerance for Violent, Disruptive, or Inappropriate Behavior.

Section 3313.535 | Standards for Participation in Interscholastic Extracurricular Activities.

Section 3313.537 | Community School Student Participation in Public School Activities.

Section 3313.538 | Participation in Interscholastic Athletics - Residency.

Section 3313.539 | Concussions and School Athletics.

Section 3313.5310 | Information and Training Regarding Sudden Cardiac Arrest.

Section 3313.5311 | Access to Public School Extracurricular Activities by Nonpublic School Students.

Section 3313.5312 | Access to Public School Extracurricular Activities by Homeschooled Students.

Section 3313.5314 | Athletics and Participation in College Credit Plus Program.

Section 3313.5315 | Foreign Students Participation in Interscholastic Athletics.

Section 3313.5317 | Religious Apparel in Interscholastic Athletics.

Section 3313.54 | Americanization Schools.

Section 3313.55 | Provision for Education of Children in Hospital or Institution.

Section 3313.56 | Part-Time Schools or Classes.

Section 3313.57 | Summer Vacation Period Activities Provided or Approved by Boards.

Section 3313.58 | Supervision of Social and Recreational Work - Employment of Instructors.

Section 3313.59 | Cooperation With Public Officials to Provide Other Recreational Activities.

Section 3313.60 | Prescribed Curriculum.

Section 3313.601 | Moment of Silence - Free Exercise or Expression of Religious Beliefs.

Section 3313.602 | Pledge of Allegiance - Principles of Democracy and Ethics - Veterans' Day Observance.

Section 3313.603 | Requirements for High School Graduation; Workforce or College Preparatory Units.

Section 3313.604 | Courses in American Sign Language.

Section 3313.605 | Community Service Education Program.

Section 3313.606 | Education Television Courses and Programs.

Section 3313.607 | Career Plan and Individual Career Passport for Students.

Section 3313.608 | Third-Grade Reading Guarantee.

Section 3313.609 | Grade Promotion and Retention Policy.

Section 3313.6010 | Contracting With Academic Remediation and Intervention Providers.

Section 3313.6011 | Instruction in Venereal Disease Education Emphasizing Abstinence.

Section 3313.6012 | Policy Governing Conduct of Academic Prevention/intervention Services.

Section 3313.6013 | Advanced Standing Programs for College Credit.

Section 3313.6014 | Parental Notification of Core Curriculum Requirements.

Section 3313.6015 | Resolution Describing How District Will Address College and Career Readiness and Financial Literacy.

Section 3313.6016 | Daily Physical Activity for Students; Pilot Program.

Section 3313.6017 | Alternative Methods of Delivering Content.

Section 3313.6018 | Extended Programming.

Section 3313.6019 | Agricultural Education Programs.

Section 3313.6020 | Policy on Career Advising.

Section 3313.6021 | Instruction in Cardiopulmonary Resuscitation and the Use of an Automated External Defibrillator in High Schools.

Section 3313.6022 | Released Time Courses in Religious Instruction.

Section 3313.6023 | Training in the Use of an Automated External Defibrillator for School District Employees.

Section 3313.6024 | Reporting on Prevention-Focused Programs.

Section 3313.6025 | Instruction on Proper Interactions With Peace Officers.

Section 3313.6026 | Fafsa Data Sharing Agreement.

Section 3313.6027 | Financial Literacy Instruction.

Section 3313.61 | Diploma or Honors Diploma.

Section 3313.611 | Standards for Awarding High School Credit Equivalent to Credit for Completion of High School Academic and Vocational Education Courses.

Section 3313.612 | Graduation Test Requirements or Alternative Conditions for Nonpublic Schools.

Section 3313.613 | Awarding High School Credit for Course Completed Outside Regular School Hours at Accredited Post-Secondary Institution.

Section 3313.614 | Testing Requirements for Fulfilling Curriculum Requirement for Diploma.

Section 3313.615 | Alternative Conditions for Eligibility for Diploma Where Person Passes All but One Graduation Test.

Section 3313.616 | Diploma May Be Granted to Veteran.

Section 3313.617 | Adoption of Policy for Students at Risk of Not Qualifying for High School Diploma.

Section 3313.618 | Diploma Requirements.

Section 3313.619 | Chartered Nonpublic School Diploma With Alternate Assessment.

Section 3313.6110 | Diploma Granted by Parent or Guardian.

Section 3313.6111 | State Seal of Biliteracy.

Section 3313.6112 | Ohiomeansjobs-Readiness Seal.

Section 3313.6113 | Committee to Develop a List of Industry-Recognized Credentials and Licenses.

Section 3313.6114 | State Diploma Seals.

Section 3313.62 | School Year, Week.

Section 3313.63 | School Holidays Specified.

Section 3313.64 | Entitlement to Attend School; District of Attendance.

Section 3313.641 | Summer Schools, Adult Classes, Postgraduate Instruction and Other Classes.

Section 3313.642 | Materials for Course of Instruction.

Section 3313.643 | Eye Protective Devices.

Section 3313.644 | Contracts for Training of Out-of-School Youth or Adults.

Section 3313.645 | Admission Without Tuition.

Section 3313.646 | Preschool Programs.

Section 3313.647 | Policy Guaranteeing Specific Level of Competency of Certain Graduates of District.

Section 3313.648 | Prohibiting Incentives to Enroll in District.

Section 3313.649 | Enrolling Child Subject of Power of Attorney or Caretaker Authorization Affidavit.

Section 3313.6410 | Withdrawal of Computer-Based School Student Failing to Take Tests.

Section 3313.6411 | Providing Report Card to Parent.

Section 3313.6412 | Internet- or Computer-Based School Student Automatic Withdrawal.

Section 3313.65 | Children of Institutionalized or Incarcerated Parents.

Section 3313.66 | Suspension, Expulsion or Permanent Exclusion - Removal From Curricular or Extracurricular Activities.

Section 3313.661 | Policy Regarding Suspension, Expulsion, Removal, and Permanent Exclusion.

Section 3313.662 | Adjudication Order Permanently Excluding Pupil From Public Schools.

Section 3313.663 | Parental Education or Training Program.

Section 3313.664 | Policy Prohibiting Student From Participating in Extracurricular Activities.

Section 3313.665 | Conditions for Adopting Dress Code or School Uniform Policy.

Section 3313.666 | District Policy Prohibiting Harassment, Intimidation, or Bullying Required.

Section 3313.667 | District Bullying Prevention Initiatives.

Section 3313.668 | Removal From School Based on Absences; Removal of Students in Grades Pre-K Through Three.

Section 3313.669 | Threat Assessment Teams.

Section 3313.6610 | Anonymous Reporting Programs.

Section 3313.6611 | Student-Led Violence Prevention Clubs.

Section 3313.67 | Immunization of Pupils - Immunization Record - Annual Summary.

Section 3313.671 | Proof of Required Immunizations - Exceptions.

Section 3313.672 | Presenting School Records, Custody Order if Applicable and Certification of Birth by New Pupil.

Section 3313.673 | Screening of Beginning Pupils for Special Learning Needs.

Section 3313.674 | Body Mass Index and Weight Screening.

Section 3313.68 | Employment of Physicians, Dentists and Nurses - Delegation of Duties and Powers to Board of Health.

Section 3313.69 | Hearing and Visual Tests of School Children - Exemptions.

Section 3313.70 | Member of Board Cannot Be School Physician, Dentist, or Nurse.

Section 3313.71 | Examinations and Diagnoses by School Physician.

Section 3313.712 | Emergency Medical Authorization.

Section 3313.713 | District Prescription Drug Distribution Policy.

Section 3313.714 | Healthcheck Program for Recipients of Medical Assistance.

Section 3313.715 | District Board May Request Identification Numbers of Students Who Are Medicaid Recipients.

Section 3313.716 | Possession and Use Metered Dose Inhaler or Dry Powder Inhaler to Alleviate Asthmatic Symptoms.

Section 3313.717 | Placement of Automated External Defibrillator in Schools; Staff Training; Qualified Immunity.

Section 3313.718 | Possession and Use of Epinephrine Autoinjector to Treat Anaphylaxis.

Section 3313.719 | Food Allergy Protection Policy.

Section 3313.7110 | Procurement of Epinephrine Autoinjectors for Public Schools.

Section 3313.7111 | Procurement of Epinephrine Autoinjectors for Nonpublic Schools.

Section 3313.7112 | Diabetes Care.

Section 3313.7113 | Procurement of Inhalers by Board.

Section 3313.7114 | Procurement of Inhalers by Nonpublic School.

Section 3313.7115 | Procurement of Glucagon, Qualified Immunity - School Districts.

Section 3313.7116 | Procurement of Glucagon, Qualified Immunity - Nonpublic Schools.

Section 3313.72 | Contract With Health District for Services of Physician, Dentist, or Nurse.

Section 3313.721 | Health Care for Students.

Section 3313.73 | Board of Health to Make Examination - Report - Recommendations to Parents.

Section 3313.74 | Certain Institutions and Establishments Not Permitted Near Schools.

Section 3313.75 | Use of School Premises Generally.

Section 3313.751 | Prohibition Against Tobacco Possession or Use.

Section 3313.752 | Posting of Warning Concerning Anabolic Steroids to Be Posted in Locker Rooms.

Section 3313.753 | Prohibition Against Students Carrying Electronic Communications Devices.

Section 3313.76 | School Premises Available for Educational and Recreational Purposes.

Section 3313.77 | Use of School Premises for Public Meetings and Entertainments.

Section 3313.78 | Political Meetings on School Premises - Liability for Damage.

Section 3313.79 | Responsibility for Damage - Payment of Actual Expenses.

Section 3313.791 | Liability for Damages Arising From Use of School Premises.

Section 3313.80 | Display of the National Flag.

Section 3313.801 | Display of National and Ohio Mottoes.

Section 3313.81 | Management and Control of Food Service Operation - Provision of Meals to the Elderly.

Section 3313.811 | Sale of Uniform School Supplies.

Section 3313.812 | Food Service to Multiple Districts or Schools Within Districts.

Section 3313.813 | Food Programs - Outdoor Education Centers.

Section 3313.814 | Standards Governing Types of Foods and Beverages Sold on School Premises.

Section 3313.815 | Employee Trained in Heimlich Maneuver to Be Present While Students Served Food.

Section 3313.816 | Sale of a La Carte Beverage Items.

Section 3313.817 | A La Carte Foods; Determination of Nutritional Value; Software.

Section 3313.818 | Breakfast Programs.

Section 3313.82 | Business Advisory Councils.

Section 3313.821 | Standards for the Operation of Business Advisory Councils.

Section 3313.83 | Regional Student Education Districts.

Section 3313.84 | Exchange of Teaching Services Authorized - Regulations.

Section 3313.841 | Sharing on Cooperative Basis Services of Supervisory, Special Instruction, and Special Education Teachers.

Section 3313.842 | Joint Educational Programs.

Section 3313.843 | Agreement for Educational Service Center to Provide Services to City or Exempted Village District.

Section 3313.844 | Agreement for Providing Educational Service Center Services to Community School.

Section 3313.845 | Additional Agreement for Educational Service Center to Provide Services to School District.

Section 3313.846 | Provision of Services to Political Subdivisions by Educational Service Center.

Section 3313.848 | Disposition of Unexpended Funds Under Service Agreement.

Section 3313.849 | Agreements to Share Services.

Section 3313.85 | Failure of Board of Education or Governing Board to Fill Vacancy.

Section 3313.86 | Health and Safety Review.

Section 3313.87 | Board of Education May Join School Boards' Association.

Section 3313.871 | Payment of Annual Membership Dues and Service Fees to Accrediting Associations.

Section 3313.89 | Publication of Information Regarding Online Education and Career Planning Tool.

Section 3313.90 | Career-Technical Education Programs.

Section 3313.902 | Adult Diploma Pilot Program.

Section 3313.903 | Measures of Skill Attainment.

Section 3313.904 | Pre-Apprenticeship Training Programs for Career-Technical Education Students.

Section 3313.905 | Ohio Code-Scholar Pilot Program.

Section 3313.906 | Career-Technical Remote or Digital Learning.

Section 3313.91 | Contract to Purchase Vocational Education or Vocational Rehabilitation Service.

Section 3313.911 | Assigning District to a Joint Vocational District.

Section 3313.92 | Joint School Building Projects.

Section 3313.93 | Occupational Work Adjustment Laboratory - Student Wages.

Section 3313.941 | Racial Data Collection for Students to Include Multiracial Category.

Section 3313.95 | Contract for Police Officer to Assist in Working With Students Concerning Use of Alcohol and Drugs of Abuse.

Section 3313.951 | Qualifications for School Resource Officers.

Section 3313.96 | Informational Programs Relative to Missing Children - Fingerprinting Program.

Section 3313.97 | Alternative School Open Enrollment Policy Procedures.

Section 3313.974 | Pilot Project Scholarship Program Definitions.

Section 3313.975 | Pilot Project Scholarship Program.

Section 3313.976 | Registering School.

Section 3313.977 | Priorities for Admission of Students.

Section 3313.978 | Scholarship Use and Implementation; Tutorial Assistance Grants.

Section 3313.979 | Payment of Scholarships or Grants.

Section 3313.98 | Interdistrict Enrollment Policy.

Section 3313.981 | Interdistrict Enrollment Reporting and Transportation.

Section 3313.982 | Restricting Admission Schools on Basis of Academic, Athletic, Artistic, or Other Skills.

Section 3313.983 | Joint Vocational School District to Adopt Policy for Enrollment of Students From Adjacent or Other District.

Section 3313.99 | Penalty.