Avery County Schools Policy Policy Code: 4333
WEAPONS, BOMB THREATS TERRORIST THREATS AND CLEAR THREATS TO SAFETY
The Avery County Board of Education will not tolerate the presence of weapons or destructive devices, bomb or terrorist threats or actions that constitute a clear threat to the safety of students and employees. Any student violating this policy will be removed from the classroom or school environment for as long as necessary to ensure a safe and orderly environment for learning.
A. WEAPONS AND WEAPON-LIKE ITEMS PROHIBITED BEHAVIOR
1. WEAPONS AND WEAPON-LIKE ITEMS Students are prohibited from possessing, handling, using or transmitting, whether concealed or open, any weapon, or any instrument that reasonably looks like a weapon or could be used as a weapon. Weapons include, but are not limited to, the following: a. loaded or unloaded firearm, including a gun, pistol or rifle; b. explosives, including destructive devices, as described in subsection B.2 of this policy, including explosives, such as a dynamite cartridge, bomb, grenade or mine; c. knife, including a pocket knife, bowie knife, switchblade, dirk or dagger; d. slingshot or slungshot; e. leaded cane; f. blackjack; g. metal knuckles; h. bb gun; i. air rifle or air pistol; j. stun gun or other electric shock weapon, such as tasers; k. icepicks; l. razors or razor blades (except those designed and used solely for personal shaving); m. fireworks; n. gun powder, ammunition, or bullets; o. any sharp pointed or edged instrument except unaltered nail files and clips and tools used solely for preparation of food, instruction and maintenance and p. mace, pepper spray, and other personal defense sprays. Examples of other objects that may be considered weapons are box cutters and other types of utility blades and blowguns. No student may knowingly or willfully cause, encourage or aid any other
Avery County Schools Policy Code: 4333 Page 1 of 4 student to possess, handle or use any of the weapons or weapon-like items listed above. A student who finds a weapon or weapon-like item, who witnesses another student or other persons with such items, or who becomes aware that another student or other person intends to possess, handle or use such items, must notify a teacher or the principal immediately.
This section does not apply to board approved and authorized activities for which the board has adopted appropriate safeguards to protect student safety. 2. Bomb Threats Students are prohibited from making, aiding and/or abetting in making a bomb threat or perpetrating a bomb hoax against school system property by making a false report that a device designed to cause damage or destruction by explosion, blasting or burning is located on school property, No student may knowingly or willfully cause, encourage or aid another student to make a bomb threat or perpetrate a bomb hoax. Any student who becomes aware that another student or other person intends to use a bomb, make a bomb threat or perpetrate a bomb hoax must notify a teacher of the principal immediately. 3. Terrorist Threats Students are prohibited from making, aiding, conspiring and/or abetting in making a terrorist threat or perpetrating a terrorist hoax against school system property by making a false report that a device, substance or material designed to cause harmful or life-threatening injury to another person is located on school property or at a school event. No student may knowingly or willfully cause, encourage or aid another student to make a terrorist threat or perpetrate a terrorist hoax. Any student who becomes aware that another student or other person intends to use a device, substance or material designed to cause harmful or life-threatening illness or injury to another person, make a terrorist threat or perpetrate a terrorist hoax must notify a teacher or the principal immediately. 4. Clear Threats to Student and Employee Safety Students are prohibited from engaging in behavior that constitutes a clear threat to the safety of other students or employees. Behavior constituting a clear threat to the safety of others included, but is not limited to: a. theft or attempted theft by a student from another person by using or threatening to use a weapon; b. the intentional and malicious burning of any structure or personal property, including vehicle; c. an attack or threatened attack by a student against another person wherein the student uses a weapon or displays a weapon in a manner found threatening to that person;
Avery County Schools Policy Code: 4333 Page 2 of 4 d. an attack by a student or any employee, adult volunteer or other student that does not result in serious injury but that is intended to cause or reasonably could cause serious injury; e. an attack by a student on another person whereby the victim suffers obvious severe or aggravated bodily injury, such as broken bones, loss of teeth, possible internal injuries, laceration requiring stitches, loss of consciousness, or significant bruising or pain; or whereby the victim requires hospitalization or treatment in a hospital emergency room as a result of the attack; f. any intentional, highly reckless or negligent act that results in the death of another person; g. confining, restraining or removing another person from one place to another, without the victim’s consent or the consent of the victim’s parent, for the purpose of committing a felony or for the purpose of holding the victim as a hostage, for ransom, or for use as a shield; h. the possession of a weapon on any school property, including in a vehicle, with the intent to use or transmit for another’s use or possession in a reckless manner so that harm is reasonably foreseeable; i. taking or attempting to take anything of value from the care, custody or control of another person or persons, by force, threat of force, or violence, or by putting the victim in fear; j. any unauthorized and unwanted intentional touching, or attempt to touch, by one person of the sex organ of another, including the breasts of the female and the genital areas of the male and female; k. the possession, manufacture, sale or delivery, or any attempted sale or delivery, of a controlled substance in violation of Chapter 90 of the North Carolina General Statues; l. any behavior resulting in a felony conviction on a weapons, drug, assault or other charge that implicates the safety of other persons; and m. any other behavior that demonstrates a clear threat to the safety of others in the school environment.
1. General Consequences The disciplinary consequences for violations of this policy shall be consistent with Section D of policy 4300, Student Behavior Policies. The superintendent or designee shall list in the Code of Student Conduct the specific range of consequences that may be imposed on a student for violations of this policy. 2. Specific Consequences Mandated by Law
Avery County Schools Policy Code: 4333 Page 3 of 4 As required by law, a student who brings or possesses a firearm or destructive device on school property or at a school-sponsored curricular or extracurricular activity must be suspended for 365 days, unless the superintendent modifies, in writing, the required 365-day suspension for an individual student on a case-by-case basis. The superintendent shall not impose a 365-day suspension if the superintendent determines that the student (1) took or received the firearm or destructive device from another person at school or found the firearm or destructive device at school, (2) delivered or reported the firearm or destructive device as soon as practicable to a law enforcement officer or school personnel and (3) had no intent to use the firearm or destructive device in a harmful or threatening way.
For the purpose of this subsection, a firearm is (1) a weapon, including starter gun that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, (2) the frame or receiver of any such or (3) any firearm muffler or firearm silencer. A firearm does not include an inoperable antique firearm, a BB gun, a stun gun, an air rifle or an air pistol. For the purposes of this subsection, a destructive device is an explosive, incendiary or poison gas (1) bomb, (2) grenade, (3) rocket having a propellant charge of more than four ounces, (4) missile having an explosive or incendiary charge of more than one-quarter ounce, (5) mine or (6) similar device. A student may not be suspended for 365 days for a weapons violation except in accordance with this subsection.
Legal References: Gun-Free Schools Act, 20 U.S.C. 7961; G.S. 14-17, -18, -27.2 to - 27.5A, -32, -33, -34 to -34.2, -41, -60, -69.1, -69.2, -87, -87.1, -132, -132.2, -202.41, 202.0, 208.18, -269.2, -277.5; ch. 90, art. 5; 115C-47, -276(r), -288, -307, -390.1, 309.2, - 390.10; Cross Reference: Student Sex Offenders Policy, Integrity and Civility (policy 4310), Disruptive Behavior (policy 4315) Theft, Trespass and Damage to Property (policy 4330), Assaults, Threats and Harassment (policy 4331), Criminal Behavior (policy 4335).
Revised: 2/7/05; 9/26/07; 1/24/08; 06/02/08; 09/13/11; 12/9/14; 3/21/17
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