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Declaration of Alicia CachatLogeman, M.Ed., BCBA

Alicia Cachat Logeman, being first duly sworn, deposes and says:

1. I am a Board Certified Behavior Analyst in good standing with the BehaviorAnalyst Certification Board. The Behavior Analyst Certification Board®, Inc.(BACH®) isa nonprofit 501(c)(3) corporation established in 1998 to meetprofessional credentialing needs identified by behavior analysts, governmcnts,and consumers of behavior analysis services. The BACH adheres to internationalstandards for boards that grant professional credentials. The BACB’s certificationprocedures and content undergo regular psychometric review and validationpursuant to ajob analysis survey of the profession and standards established bycontent experts in the discipline.

2. A Board Certified Behavior Analyst (BCBA) is a graduate-level certification inbehavior analysis. A BCBA must have an acceptable graduate degree from anaccredited university, completion of acceptable graduate coursework in behavioranalysis, and a defined period of supervised practical experience (1500 supervisedhours) to apply for the BCBA examination.

3. My curriculum vitae are attached.

4. I have a Masters in Education with an emphasis in exceptional children.

5. The State of Ohio Psychology Board recognizes me as a Certified Ohio BehaviorAnalyst. This recognition ensures that I am an individual in good standing holdinga current and valid license to practice behavior analysis. Applied BehaviorAnalysis is the design, implementation, and evaluation of instructional andenviromnental modifications to produce socially significant improvements inhuman behavior.

6. I have experience working with children on the autism spectrum since February2002, providing research-based therapy (applied behavior analysis) under a BoardCertified Assistant Behavior Analyst prior to receiving my own certification in2010.

7. I have provided research based behavioral therapy to children on the autismspectrum ranging in ages from 2 to 22 years old. I have provided services in thehome, community, public school setting, and private therapy center. I supervisethe curriculum and behavior plans of children with autism in a clinical setting. Icomplete individualized skill assessments to determine children’s skill levcl andplacement. I modify programs based on children’s progress and changes in theirbehavior. I participate in IEP and treatment plan meetings. I train parents andprofessionals in the area of applied behavior analysis and verbal behavior.

Case: 1:15-cv-00585-MRB Doc #: 1-1 Filed: 09/10/15 Page: 1 of 8 PAGEID #: 21

8. Kevin House is a 20 year-old young man diagnosed with autism, intellectualdisabilities, epilepsy, behavioral challenges, and significant fine motor issues. Imet Kevin and his mother on September 3,2015. Autism is a disorder of braindevelopment and is commonly characterized by difficulties with conmiunication,social interactions, and repetitive behaviors. Kevin communicates verbally, butverbal individuals with autism can struggle with using functional language to gettheir wants and needs met. When Kevin was placed in a high anxiety situation(mechanical restraints in a prone position), he was not able to deescalate andprocess the situation. He was not able to use the language he does have, toappropriately express his fear, discomfort, and anxiety. Kevin reported he didn’tunderstand why he was mechanically restrained. He believed his headphoneswere broken and immediately reacted instead of processing the situation. This isvery common with individuals on the autism spectrum. After his headphones werebroken, Kevin engaged in inappropriate behaviors when the team did notunderstand what he was trying to conununicate. Individuals with autism oftenhave trouble regulating their emotions and this leads to inappropriate responses tosituations. Kevin did not understand why he was handcuffed and describes theincident as “going to war” when he was handcuffed by the staff at AspireAcademy.

9. 1 have spoken with Kevin’s mother about the incident that occurred at AspireAcademy at West Clermont’s Glen Este campus on September 11,2014. I havereviewed written documentation from the professionals involved during theincidcnt on this date, reviewed his behavior plan, and his most recent IEP.

10. Aspire Academy provided reports explaining the incident on September 11,2014.The staff reported during transition from changing his clothing, Kevin’sheadphones became lodged on a chair and were ripped off. Kevin became veryupset evidenced by yelling, screaming, throwing his medication, and becomingphysically aggressive by charging adults, attempting to bite, and striking adults.He also head butted an adult and punched Mr. Robinson in the face.

11. In Kevin’s behavior plan completed by the professionals at Aspire Academy, theprimary function of his documented maladaptive behaviors are to gain access toan item or to escape or avoid a task demand. This plan was created on April 27,2010 and last updated on January 27, 2012. The incident occurred 2 years and 7months since the last bchavior plan update.

12. The behaviors of concern that are targeted in Kevin’s behavior plan areaggression (hitting, kicking, scratching, throwing items within one foot of aperson, biting, etc.) that are directed at staff or peers and involves Kevin comingat a person or peer. There is also documentation of disruptive behavior in the formof property destruction, such as throwing materials, tipping furniture, andscreaming at an increased volume not appropriate to the setting.


13. Kevin behavior plan clearly states the interventions that are appropriate and haveproven successful with him in situations prior to September 11,2014. Kevinbecomes more agitated when more people are in the room with him and once hehas become physical only one person should be speaking to him in a calm, matterof fact tone. The behavior plan also clearly states that yelling or arguing withKevin will usually escalate matters.

14. Despite the extremely detailed behavior plan that outlines specific interventions,crisis planning, and interventions to use, the documentation by the school stafflists multiple violations of this plan. The district in their voluntary policestatements reports multiple violations of the behavior plan. The district reportsmultiple people speaking with Kevin during the incident (no clear team leaderidentified), all individuals interacting did not use safe physical management(ineffectively blocking strikes, lack appropriate CPI safe holds, and the use ofmechanical restraints) and Kevin was not directed to a preferred sensory activity.The school resource officer was not trained in crisis prevention intervention.Kevin was handcuffed, put into an extended prone position, and was not providedaccess to mental health and medical treatment after the incident.

15. According to the Union Township Police Department voluntary statement form,Mr. Robinson reports “fighting with Kevin for 30 minutes” prior to the resourceofficer administering handcuffs. The behavior plan states that a calm matter offact tone needs to be utilized as well as the absence of arguing.

16. The behavior plan states that there should be minimal people in the room whenKevin is escalated or engaging in maladaptive target behaviors outlined on theplan. It is reported that there were a total of 8 other people in the room, besidesKevin, during the incident on September 11,2014. Officer Siekbert, Mr.Robinson, Ms. Unterreiner, Mr. Carter, Mr. Walker, Mr. Rothel, Mrs. Rothel, andMr. Hatfield all report being in the room with Kevin.

17. A requirement of the behavior support plan implemented with Kevin confirms allstaff working must be trained in safe physical management. Nonviolent physicalcrisis intervention (CPI) is a program focusing on the safe management ofdisruptive and assaultive behavior. The emphasis of this training is the care,welfare, safety, and security of those in the care of the school officials. When aphysical restraint is necessary, it should be used in a way to allow the person anopportunity to deesealate at his or her own pace and reestablish rapport with thestaff. CPI holds are non-harmful restraint positions to safely control the individualuntil they can regain control of their behavior. Physical restraint for this purposedoes not include mechanical restraint or prone restraint.

18. The behavior plan states there should be one individual speaking to Kevin whenhe is escalated or agitated. Throughout the incident, a minimum of 3 people reportspeaking to Kevin. Crisis Prevention Intervention clearly outlines that every team


needs a leader identified. At no time in any of the school documentation is a teamleader identified. The option of disengagement was not identified in a timelymanner. This is a main principle of CPI training. A team leader is important for avariety of reasons. This allows for one person to be speaking to the individual,building a rapport and trust with the individual, assessing the needs of theindividual, and planning the additional steps of the intervention. The incident withKevin lasted approximately 30 minutes. An appropriate CPI hold was nevercompleted. CPI is a team approach that is very effective when employedcorrectly. I am a team leader at Applied Behavioral Services West Chester. I workwith individuals engaging in intensive aggression (kicking, punching, striking,biting, pushing, choking) and a team of 4-5 women ranging in size from 120-1 Golbs can safely and effectively complete CPI holds on individuals up to 200lbs.Kevin is 5’ó V2” and weighs approximately l9Olbs.

19. According to the Ohio Department of Education Policy of Positive BehaviorInterventions and Support, and Restraint and Seclusion, the prone restraint isprohibited under all circumstances, including emergency safety situations. Anyrestraint that unduly risks serious harm or needless pain to the student is also aprohibited pmctice.

20. The Ohio Department of Education Policy of Positive Behavior Interventions andSupport, and Restraint and Seclusion, clearly states if a physical restraint isnecessary that staff must be appropriately-trained to protect the care, welfare, anddignity, and safety of the student. The mental distress of the student must be takeninto account, and there must be medical assistance provided. The student alsomust be removed from the restraint when the immediate risk of physical harm toself or others has dissipated. The school district claims this was not possible anddue to the incorrect application of CPI methods, Kevin was subject to extendedtime in an illegal position. Kevin has a diagnosis of autism spectrum disorder anda known history of increased anxiety in challenging situations. These knownfactors should have been the main considerations when choosing and continuingan intervention that lasted 30 minutes.

21. Kevin was placed in the prone position in handcuffs for approximately 30 minutesaccording to Aspire Academy reports. This practice is prohibited by the state ofOhio. A professional trained in CPI with experience working with individuals onthe autism spectrum would recognize the serious adverse effects of incurringunnecessary physical and emotional distress.

22. The prone position is illegal because it may interfere with an individual’s abilityto breath. The Crisis Prevention Intervention training warns about the possiblerisk of fatality because of restricting the diaphragm in the prone position. Thisposition can significantly restrict the abdomen and chest.

23. There is not a report of any medical attention or mental health counselingprovided to Kevin after the intervention.


24. The behavior plan states that all individuals working with Kevin must be trainedin safe physical management. The staff and resource officer did not display thecorrect use of CPI. Tnstead of using the behavior support plan training and CPI,Kevin was handcuffed and placed in the prone position for an extended period oftime. This type of response might conceivably occur in a public place where theindividuals encountering Kevin have no training or knowledge of his history ofbehaviors or diagnosis of autism. The staff involved had a specific behaviorsupport plan, experience with Kevin, and knowledge of his disabilities. The staffwas also aware of his reactions in frustrating or anxiety provoking situations. Thistraining and information was disregarded, and mechanical restraints and anextended prone position were utilized instead of his behavior plan.

I-County of ft_A-’-

State of Ohio

I, Alicia Cachat Logernan, on her oath, deposes and says that she is the above-referencedaffiant. The statements in this Affidavit are true to the best of my knowledge and

SWORI’i TO AND SUBSCRIBED before me on September g, 2014.

—

NOTARY PUBLIC


CURRICULUM VITAE

Alicia C. Cachat, M.Ed., BCBAAl icia.Cachat(Thappl iedbehav ioni Iservices.corn

Applied Behavioral Services Vest Chester7413 Squire Ct. West Chester, OH 45069

Phone (513) 8474685 Fax (513) 847-4763

Permanent address: 5800 Windsong Ct.Cincinnati, OH 45243

(513) 607-3903

Professional Summary

Board Certified Behavior Analyst in good standing with the Behavior Analysis Certification Board since 2010.Recognized by the State of Ohio board of Psychology with 14 years of experience utilizing research based

therapy techniques and interventions with individuals on the autism spectrum and individuals with adevelopmental disabilities and delays. Clinical supervisor and program supervisor of research based therapyprograms for children on the autism spectrum since 2009. Provides research based therapies and training to

school districts, parents, and professionals. Supervise the curriculum and behavior plans of children and staff ina clinical setting. Executive director and managing partner of an autism treatment center since 2013.

Education, Licensure, and Certification

2014 Certified Ohio Behavior Analyst COBA,1 I

2011 Board Certified Behavior Analyst 1-11-8894

2010 Board Certified Assistant Behavior Analyst

2009 Northcentrnl University- distance learningMasters of Education, emphasis with exceptional children

2003 University of Dayton- Dayton, OhioBachelor of Arts, Psychology

2010-2015 Ohio Association of Behavior Analyst (OHABA) member

EXPERIENCEAPPLIED BEHAVIORAL SERVICES (West Chester, Ohio) July 2013-present

Executive DirectorSupervise the curriculum and behavior plans of children and staff in a clinical sethngComplete interview, hiring, and training processes for individuals employed at ABSParticipate in staff and student trainingManage payroll, budgeting, contracts, and enrolment of all individuals

APPLIED BEHAVIORAL SERVICES (Dayton, Ohio) August 2009-July2013

Clinical SupervisorSupervise the curriculum and behavior plans of children with autism in a clinical settingComplete individualized skill assessments to determine child’s skill level and placementModi’ program’s based on child’s progressParticipate in TEP and treatment plan meetings


Train parents and professionals in the area of ABA and Verbal behavior

APPLIED BEHAVIORAL SERVICES (Cincinnati, Ohio) August 2006- August2009

Behavior technicianUse verbal behavior principles to instruct children with autism in a clinical settingCommunicate behavior plans with parents and other therapists through documentation, data and team

meetingsModif’ program based on child’s progressCompose quarterly progress reports to communicate a child’s IEP progress to parents and schools

INDEPENDENT PROVIDER (Cincinnati, Ohio) (Savannah, Ga) December2003- August 2008

ABA TherapistUsed applied behavior analysis to modi’ behavior of children with autism in home and school settingsTaught children to apply therapy tasks to everyday situationsModify program based on child’s progressWritten progress evaluations to communicate with other team members

R4DD (Residential Alternatives for the Developmentally Disabled) (Cincinnati, Ohio) April 2004-December 2004

Youth Program CoordinatorSupervise supported living environments for individuals with developmental disabilitiesHelp develop and implement behavior plansSupervise staff that deals with medical, financial, and everyday living for the individuals

DELSHIRE ELEMENTARY SCHOOL (Cincinnati, Ohio) January 2004- June 2004Instructional Assistant

Taught special needs childrenI1elped develop and implement individualized education plans (IEP)Led individual and small group activities according to IEP

SHILOH PRESCHOOL SUMMER PROGRAM (Cincinnati. Ohio) June 2003- August 2003Instructor/Classroom Aide

Taught special needs childrenDeveloped and implemented lesson plansCreated plans to assist students in transitioning between activities

ACADEMY HEALTH SERVICES (Dayton, Ohio) January 2002 — May 2003Home Health Aide

Used applied behavioral analysis to modif’ behavior of autistic childTaught child to apply therapy tasks to everyday situationsModil’ program based on child’s progressWrittcn progress evaluations to communicate with other team members

INDEPENDENT RESEARCH GRANT (Dayton, Ohio) December 2001 — December 2002InterWewer

Interviewed young children for memory research experimentTrained new interview team on interview protocolParticipated in weekly meetings to discuss results and experiment progressReview videotapes of interviews to ensure accuracy of interviews


Continuing Education2015 No more diapers: A behavioral approach to toileting success-Autism Training Solutions2015 Ethical DiLemmas and Decisions in ABA-Autism Training Solutions2015 Introduction to Asperger’s Syndrome- Autism Training Solutions2013 Components of Effective, Evidence-Based Behavior Analytic Supervision2013 Autism. Relationships, Sexuality, and Safety2012 Sexuality and Sexuality Instruction with Learners with Autism Spectrum Disorder (Ethics)2012 Punishment2012 What Siblings Tell Us: The Challenges and Rewards of I-laying a Brother and Sister on the AutismSpectrum2012 AAC and Ethical Issues for Behavior Analysts2012 Ethical Issues in Supervising and Training Behavior Analysts2012 Functional Analysis & Treatment of Severe Behavior Disorders2011 Ethical rssues in the Supervision of BIBI Programs (Ethics)2011 Decreasing Problem Behavior with Positive Behavior Support (PBS): Team Buy-in Difficulties &Successes, Pan 22011 Ethics and Professionalism2011 Verbal Behavior2011 Treating Food Refusal and Selectivity in Children with Autism Spectrum Disorders: A Review2011 Training ABA Providers2011 Creating and Interpreting Graphs for Behavior Analysts


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