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

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 Behavior
Analyst Certification Board. The Behavior Analyst Certification Board®, Inc.
(BACH®) isa nonprofit 501(c)(3) corporation established in 1998 to meet
professional credentialing needs identified by behavior analysts, governmcnts,
and consumers of behavior analysis services. The BACH adheres to international
standards for boards that grant professional credentials. The BACB’s certification
procedures and content undergo regular psychometric review and validation
pursuant to ajob analysis survey of the profession and standards established by
content experts in the discipline.
2. A Board Certified Behavior Analyst (BCBA) is a graduate-level certification in
behavior analysis. A BCBA must have an acceptable graduate degree from an
accredited university, completion of acceptable graduate coursework in behavior
analysis, and a defined period of supervised practical experience (1500 supervised
hours) 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 Behavior
Analyst. This recognition ensures that I am an individual in good standing holding
a current and valid license to practice behavior analysis. Applied Behavior
Analysis is the design, implementation, and evaluation of instructional and
enviromnental modifications to produce socially significant improvements in
human behavior.
6. I have experience working with children on the autism spectrum since February
2002, providing research-based therapy (applied behavior analysis) under a Board
Certified Assistant Behavior Analyst prior to receiving my own certification in
2010.
7. I have provided research based behavioral therapy to children on the autism
spectrum ranging in ages from 2 to 22 years old. I have provided services in the
home, community, public school setting, and private therapy center. I supervise
the curriculum and behavior plans of children with autism in a clinical setting. I
complete individualized skill assessments to determine children’s skill levcl and
placement. I modify programs based on children’s progress and changes in their
behavior. I participate in IEP and treatment plan meetings. I train parents and
professionals in the area of applied behavior analysis and verbal behavior.

Case: 1:15-cv-00585-MRB Doc #: 1-1 Filed: 09/10/15 Page: 2 of 8 PAGEID #: 22

8. Kevin House is a 20 year-old young man diagnosed with autism, intellectual
disabilities, epilepsy, behavioral challenges, and significant fine motor issues. I
met Kevin and his mother on September 3,2015. Autism is a disorder of brain
development and is commonly characterized by difficulties with conmiunication,
social interactions, and repetitive behaviors. Kevin communicates verbally, but
verbal individuals with autism can struggle with using functional language to get
their 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 and
process the situation. He was not able to use the language he does have, to
appropriately express his fear, discomfort, and anxiety. Kevin reported he didn’t
understand why he was mechanically restrained. He believed his headphones
were broken and immediately reacted instead of processing the situation. This is
very common with individuals on the autism spectrum. After his headphones were
broken, Kevin engaged in inappropriate behaviors when the team did not
understand what he was trying to conununicate. Individuals with autism often
have trouble regulating their emotions and this leads to inappropriate responses to
situations. Kevin did not understand why he was handcuffed and describes the
incident as “going to war” when he was handcuffed by the staff at Aspire
Academy.
9. 1 have spoken with Kevin’s mother about the incident that occurred at Aspire
Academy at West Clermont’s Glen Este campus on September 11,2014. I have
reviewed written documentation from the professionals involved during the
incidcnt 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’s
headphones became lodged on a chair and were ripped off. Kevin became very
upset evidenced by yelling, screaming, throwing his medication, and becoming
physically 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, the
primary function of his documented maladaptive behaviors are to gain access to
an 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 7
months since the last bchavior plan update.
12. The behaviors of concern that are targeted in Kevin’s behavior plan are
aggression (hitting, kicking, scratching, throwing items within one foot of a
person, biting, etc.) that are directed at staff or peers and involves Kevin coming
at a person or peer. There is also documentation of disruptive behavior in the form
of property destruction, such as throwing materials, tipping furniture, and
screaming at an increased volume not appropriate to the setting.

Case: 1:15-cv-00585-MRB Doc #: 1-1 Filed: 09/10/15 Page: 3 of 8 PAGEID #: 23

13. Kevin behavior plan clearly states the interventions that are appropriate and have
proven successful with him in situations prior to September 11,2014. Kevin
becomes more agitated when more people are in the room with him and once he
has become physical only one person should be speaking to him in a calm, matter
of fact tone. The behavior plan also clearly states that yelling or arguing with
Kevin 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 staff
lists multiple violations of this plan. The district in their voluntary police
statements reports multiple violations of the behavior plan. The district reports
multiple people speaking with Kevin during the incident (no clear team leader
identified), all individuals interacting did not use safe physical management
(ineffectively blocking strikes, lack appropriate CPI safe holds, and the use of
mechanical 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 provided
access 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 resource
officer administering handcuffs. The behavior plan states that a calm matter of
fact 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 when
Kevin is escalated or engaging in maladaptive target behaviors outlined on the
plan. It is reported that there were a total of 8 other people in the room, besides
Kevin, during the incident on September 11,2014. Officer Siekbert, Mr.
Robinson, Ms. Unterreiner, Mr. Carter, Mr. Walker, Mr. Rothel, Mrs. Rothel, and
Mr. Hatfield all report being in the room with Kevin.
17. A requirement of the behavior support plan implemented with Kevin confirms all
staff working must be trained in safe physical management. Nonviolent physical
crisis intervention (CPI) is a program focusing on the safe management of
disruptive 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 a
physical restraint is necessary, it should be used in a way to allow the person an
opportunity to deesealate at his or her own pace and reestablish rapport with the
staff. CPI holds are non-harmful restraint positions to safely control the individual
until they can regain control of their behavior. Physical restraint for this purpose
does not include mechanical restraint or prone restraint.
18. The behavior plan states there should be one individual speaking to Kevin when
he is escalated or agitated. Throughout the incident, a minimum of 3 people report
speaking to Kevin. Crisis Prevention Intervention clearly outlines that every team

Case: 1:15-cv-00585-MRB Doc #: 1-1 Filed: 09/10/15 Page: 4 of 8 PAGEID #: 24

needs a leader identified. At no time in any of the school documentation is a team
leader identified. The option of disengagement was not identified in a timely
manner. This is a main principle of CPI training. A team leader is important for a
variety 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 the
individual, and planning the additional steps of the intervention. The incident with
Kevin lasted approximately 30 minutes. An appropriate CPI hold was never
completed. CPI is a team approach that is very effective when employed
correctly. I am a team leader at Applied Behavioral Services West Chester. I work
with individuals engaging in intensive aggression (kicking, punching, striking,
biting, pushing, choking) and a team of 4-5 women ranging in size from 1201 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 Behavior
Interventions and Support, and Restraint and Seclusion, the prone restraint is
prohibited under all circumstances, including emergency safety situations. Any
restraint that unduly risks serious harm or needless pain to the student is also a
prohibited pmctice.
20. The Ohio Department of Education Policy of Positive Behavior Interventions and
Support, and Restraint and Seclusion, clearly states if a physical restraint is
necessary that staff must be appropriately-trained to protect the care, welfare, and
dignity, and safety of the student. The mental distress of the student must be taken
into account, and there must be medical assistance provided. The student also
must be removed from the restraint when the immediate risk of physical harm to
self or others has dissipated. The school district claims this was not possible and
due to the incorrect application of CPI methods, Kevin was subject to extended
time in an illegal position. Kevin has a diagnosis of autism spectrum disorder and
a known history of increased anxiety in challenging situations. These known
factors should have been the main considerations when choosing and continuing
an intervention that lasted 30 minutes.
21. Kevin was placed in the prone position in handcuffs for approximately 30 minutes
according to Aspire Academy reports. This practice is prohibited by the state of
Ohio. A professional trained in CPI with experience working with individuals on
the autism spectrum would recognize the serious adverse effects of incurring
unnecessary physical and emotional distress.
22. The prone position is illegal because it may interfere with an individual’s ability
to breath. The Crisis Prevention Intervention training warns about the possible
risk of fatality because of restricting the diaphragm in the prone position. This
position can significantly restrict the abdomen and chest.
23. There is not a report of any medical attention or mental health counseling
provided to Kevin after the intervention.

Case: 1:15-cv-00585-MRB Doc #: 1-1 Filed: 09/10/15 Page: 5 of 8 PAGEID #: 25

24. The behavior plan states that all individuals working with Kevin must be trained
in safe physical management. The staff and resource officer did not display the
correct 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 of
time. This type of response might conceivably occur in a public place where the
individuals encountering Kevin have no training or knowledge of his history of
behaviors or diagnosis of autism. The staff involved had a specific behavior
support plan, experience with Kevin, and knowledge of his disabilities. The staff
was also aware of his reactions in frustrating or anxiety provoking situations. This
training and information was disregarded, and mechanical restraints and an
extended prone position were utilized instead of his behavior plan.
County of

I-

ft_A-’-

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

SWORI’i TO AND SUBSCRIBED before me on September



NOTARY PUBLIC

g

,

2014.

Case: 1:15-cv-00585-MRB Doc #: 1-1 Filed: 09/10/15 Page: 6 of 8 PAGEID #: 26
CURRICULUM VITAE

Alicia C. Cachat, M.Ed., BCBA
Al icia.Cachat(Thappl iedbehav ioni Iservices.corn
Applied Behavioral Services Vest Chester
7413 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 a
developmental disabilities and delays. Clinical supervisor and program supervisor of research based therapy
programs 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 in
a 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 learning
Masters of Education, emphasis with exceptional children
2003 University of Dayton- Dayton, Ohio
Bachelor of Arts, Psychology
2010-2015 Ohio Association of Behavior Analyst (OHABA) member
EXPERIENCE
July 2013-present
APPLIED BEHAVIORAL SERVICES (West Chester, Ohio)
Executive Director
Supervise the curriculum and behavior plans of children and staff in a clinical sethng
Complete interview, hiring, and training processes for individuals employed at ABS
Participate in staff and student training
Manage payroll, budgeting, contracts, and enrolment of all individuals
August 2009-July
APPLIED BEHAVIORAL SERVICES (Dayton, Ohio)
2013
Clinical Supervisor
Supervise the curriculum and behavior plans of children with autism in a clinical setting
Complete individualized skill assessments to determine child’s skill level and placement
Modi’ program’s based on child’s progress
Participate in TEP and treatment plan meetings

Case: 1:15-cv-00585-MRB Doc #: 1-1 Filed: 09/10/15 Page: 7 of 8 PAGEID #: 27
Train parents and professionals in the area of ABA and Verbal behavior
August 2006- August
APPLIED BEHAVIORAL SERVICES (Cincinnati, Ohio)
2009
Behavior technician
Use verbal behavior principles to instruct children with autism in a clinical setting
Communicate behavior plans with parents and other therapists through documentation, data and team
meetings
Modif’ program based on child’s progress
Compose quarterly progress reports to communicate a child’s IEP progress to parents and schools
December
INDEPENDENT PROVIDER (Cincinnati, Ohio) (Savannah, Ga)
2003- August 2008
ABA Therapist
Used applied behavior analysis to modi’ behavior of children with autism in home and school settings
Taught children to apply therapy tasks to everyday situations
Modify program based on child’s progress
Written progress evaluations to communicate with other team members
April 2004R4DD (Residential Alternatives for the Developmentally Disabled) (Cincinnati, Ohio)
December 2004
Youth Program Coordinator
Supervise supported living environments for individuals with developmental disabilities
Help develop and implement behavior plans
Supervise staff that deals with medical, financial, and everyday living for the individuals
DELSHIRE ELEMENTARY SCHOOL (Cincinnati, Ohio)
Instructional Assistant
Taught special needs children
I1elped develop and implement individualized education plans (IEP)
Led individual and small group activities according to IEP

January 2004- June 2004

SHILOH PRESCHOOL SUMMER PROGRAM (Cincinnati. Ohio)
Instructor/Classroom Aide
Taught special needs children
Developed and implemented lesson plans
Created plans to assist students in transitioning between activities

June 2003- August 2003

ACADEMY HEALTH SERVICES (Dayton, Ohio)
Home Health Aide
Used applied behavioral analysis to modif’ behavior of autistic child
Taught child to apply therapy tasks to everyday situations
Modil’ program based on child’s progress
Writtcn progress evaluations to communicate with other team members

January 2002

INDEPENDENT RESEARCH GRANT (Dayton, Ohio)
December 2001
InterWewer
Interviewed young children for memory research experiment
Trained new interview team on interview protocol
Participated in weekly meetings to discuss results and experiment progress
Review videotapes of interviews to ensure accuracy of interviews





May 2003

December 2002

Case: 1:15-cv-00585-MRB Doc #: 1-1 Filed: 09/10/15 Page: 8 of 8 PAGEID #: 28

Continuing Education
approach
to toileting success-Autism Training Solutions
2015 No more diapers: A behavioral
2015 Ethical DiLemmas and Decisions in ABA-Autism Training Solutions
2015 Introduction to Asperger’s Syndrome- Autism Training Solutions
2013 Components of Effective, Evidence-Based Behavior Analytic Supervision
2013 Autism. Relationships, Sexuality, and Safety
2012 Sexuality and Sexuality Instruction with Learners with Autism Spectrum Disorder (Ethics)
2012 Punishment
2012 What Siblings Tell Us: The Challenges and Rewards of I-laying a Brother and Sister on the Autism
Spectrum
2012 AAC and Ethical Issues for Behavior Analysts
2012 Ethical Issues in Supervising and Training Behavior Analysts
2012 Functional Analysis & Treatment of Severe Behavior Disorders
2011 Ethical rssues in the Supervision of BIBI Programs (Ethics)
2011 Decreasing Problem Behavior with Positive Behavior Support (PBS): Team Buy-in Difficulties &
Successes, Pan 2
2011 Ethics and Professionalism
2011 Verbal Behavior
2011 Treating Food Refusal and Selectivity in Children with Autism Spectrum Disorders: A Review
2011 Training ABA Providers
2011 Creating and Interpreting Graphs for Behavior Analysts

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