Avery County Schools Policy Policy Code: 4335
Criminal or other illegal behavior is prohibited. Any student who the principal reasonably believes to have engaged in criminal behavior on the school premises or at school activities will be subject to appropriate disciplinary action as stated in applicable board policies and may be criminally prosecuted as well.
School officials will cooperate fully with any criminal investigation and prosecution. School officials will independently investigate any criminal behavior that also violates school rules or board policy.
Students Charged with or Convicted of Criminal Behavior
The superintendent and principal may take reasonable or legally required measures to preserve a safe, orderly environment when a student has been charged with or convicted of a serious crime, regardless of whether the alleged offense was committed on school grounds or related to school activities. Depending upon the circumstances, including the nature of the crime of alleged crime, the child’s age, and the publicity within the school community, reasonable or legally required efforts may include changing a student’s classroom assignment or transferring the student to another school. Transfer to the alternative school may be made in accordance with the criteria established in board policy 3470/4305, Alternative Schools. The student will continue to be provided with educational opportunities unless and until the student is found to have violated board policy or school rules and is suspended or expelled in accordance with procedures established in board policy.
Reporting Criminal Behavior
A school employee is permitted to report to law enforcement an assault by a student on a school employee. Principals or other supervisors shall not, by threats or in any other manner, intimidate or attempt to intimidate the school employee from doing so.
The principals must immediately report to law enforcement the following acts when they have personal knowledge or actual notice from school personnel that such acts occurred on school property, regardless of the age or grade of the perpetrator or victim:
1 assault resulting in serious personal injury; 2 sexual assault; 3 sexual offense; 4 rape; 5 kidnapping; 6 indecent liberties with a minor; 7 assault involving the use of a weapon; 8 possession of a firearm in violation of the law; 9 possession of a weapon in violation of the law;
Avery County Schools Policy Code: 4335 Page 1 of 2 10 possession of a controlled substance in violation of the law; 11 assault on school officials, employees and/or volunteers.
A principal who willfully fails to make a required report to law enforcement will be subject to disciplinary action, up to and including dismissal.
The principal or designee shall notify the superintendent or designee in writing or by e- mail of any report made by the principal to law enforcement. Such notice must occur by the end of the workday in which the incident occurred, when reasonably possible, but not later than the end of the following workday. The superintendent must inform the board of any such reports. In addition, the principal or designee must notify the parents of students who are alleged to be victims of any reported offenses.
Certain crimes must be reported to the State Board of Education in accordance with State Board of Education Policy HRS-A-000.
Legal References: Gun-Free Schools Act, 20 U.S.C. 7961; G.S. 14-17, -18, -27.21, - 27.22, -27.24 through -27.27, -27.29, -27.30, -27.33, -32 through -34.10, -39, -87, -202, - 202.1, -202.2, -269.2; ch. 90 art. 5; 115C-47(56); -288(g); State Board of Education Policy SSCH-000
Cross References: Alternative Learning Programs/Schools (policy 3470/4305), Drugs and Alcohol (policy 4325), Theft, Trespass and Damage to Property (policy 4330), Assaults, Threats and Harassment (policy 4331), Weapons, Bomb Threats, Terrorist Threats and Clear Threats to Safety (policy 4333), School-Level Investigations (policy 4340)
Revised: 10/6/08; 6/11/13; 3/21/17; 4/28/17
Avery County Schools Policy Code: 4335 Page 2 of 2