4330 - Threat Trespass and Damage to Property ## Theft, Trespass ## And Damage To Property

The Avery County Board of Education will not tolerate theft, trespass and/or damage to property by any student. Any student exhibiting such behavior will be removed from the classroom or school environment for as long as necessary to ensure a safe and orderly environment for learning. The superintendent is responsible for ensuring that consequences for prohibited behaviors are uniformly applied throughout the school district. Except where certain consequences for misbehavior are required by law, principals in the elementary grades are expected to use good judgment and reasonable discretion in determining the appropriate consequence for violation of board policies, school standards or rules.

A. Theft

  1. Prohibited Behavior

Students are prohibited from stealing or attempting to steal school or private property, and/or from knowingly being in possession of stolen property.

  1. Consequences

Violation of this policy may result in short-term suspension up to ten days, long- term suspension, or expulsion. The procedures for suspension or expulsion are provided in board policy 4353, Long-Term Suspension, 365 Days Suspension, Expulsion. A determination of the appropriate consequence will be made in accordance with the provisions of that policy. Placement in an alternative educational setting may be made instead of suspension in accordance with policy 3470/4305.

B. Damage To Property

  1. Prohibited Behavior

Students are prohibited from damaging or attempting to damage any school property or private property at any time when board policies are applicable as defined in board policy 4300, Student Behavior Policies.

  1. Consequences

Violation of this section may result in short-term suspension up to ten days, long- term suspension, or expulsion. The procedures for suspension or expulsion are

provided in board policy 4353, Long-Term Suspension, 365 Days Suspension, Expulsion. A determination of the appropriate consequence will be made in accordance with the provisions of that policy. Placement in an alternative educational setting may be made instead of suspension in accordance with policy 3470/4305.

C. Trespass

  1. Prohibited Behavior

Students are prohibited from trespassing on school property. A student will be considered a trespasser and may be criminally prosecuted under any of the following circumstances:

  • a student who is on the campus of a school to which he or she is not assigned during the school day without the knowledge and consent of the officials of the school the student is visiting;

  • any student who loiters at any school after the close of the school day without specific need or supervision; or

  • any student who has been suspended from school who appears on the property of any school during the suspension period without the express permission of the principal.

  • Consequences

Consequences for engaging in prohibited behavior will be provided in accordance with the school's student behavior management plan (see board policy 4302, School Plan for Management of Student Behavior).

Legal Reference: G.S. 14-60, -87, -87.1, -132, -132.2; 115C-47, -276(r), -288, -307, -390, -391

Cross Reference: School Plan for Management of Student Behavior (policy 4302), Integrity and Civility (policy 4310), Criminal Behavior (policy 4335), Long-Term Suspension, 365 Days Suspension, Expulsion (policy 4353)

Adopted: 2001-12-03 Revised: 2007-09-26