8320 Assault and Illegal Weapons Possession
Students/Discipline
POLICY: The purpose of this policy is to provide a school environment that is conducive to learning. The underlying belief of this policy is that all children have the right to be educated in a safe and nurturing environment.
Any student found to be in possession of a weapon, or involved in an aggravated assault, as defined herein, will immediately be suspended in accordance with applicable due process provisions. During this suspension, the school district will take the necessary steps in determining any additional action, reflecting the due process rights, which may include a range of options up to expulsion. Aggravated assaults are assaults with a weapon, or causing serious bodily injury.
The penalty for bringing or possessing a weapon as defined in Section 92l of Title l8, United States Code, a firearm or a realistic replica of a firearm within school premises, premises being used for school purposes or activities, into a vehicle used for school transportation or onto a roadway or path along which school children or teachers are walking to school shall be suspension from school for one year. This penalty will also be incurred when a student is not on school premises but when he or she aims a firearm or realistic replica of a firearm at school premises, school vehicles, or students, staff, or visitors attending school or in transit to or from school. This term of suspension may be shortened by the superintendent of schools on a case by case basis under guidelines to be developed by the school committee with
broad parent, teacher and community involvement.
GUIDELINES:
Possession or Use of Weapons or Instruments Used as Such:
The act of possessing, handling, using or threatening to use any weapon or any other tool, furniture or instrument capable of inflicting bodily injury as a weapon. Possession or use of weapons or instruments used as such upon another person.
Definition of Weapons:
The term "weapons", "tools" or "instruments" shall include, by way of illustration, the following enumerated items: any loaded or unloaded firearm (e.g. pistol, blank pistol, signal pistol, starter pistol, revolver, rifle, shotgun, etc.); any knife {e.g. Bowie, Dirk, lock-blade, hunting pen, pocket, switchblade, utility, etc.); any razor (e.g. straight, regular, retractable, etc.); any defensive weapon (e.g. gas repellent, mace, stun gun, etc.); any martial arts device (e.g. Chinese stars, nunchaku, etc.); or any tool or instrument which school administrative staff could reasonably conclude as being capable of inflicting bodily harm (e.g. blackjack, chain, club knuckles, nightstick, pipe, studded bracelet, etc.); or which by virtue of its shape or design give the appearance of any of the
aforementioned (e.g. air pistol, air rifle, BB gun, etc.).
Assault:
An act of physical violence or an aggravated threat of physical violence to another, whether student, staff member or any other person on school grounds.
School Grounds:
This term includes, but is not limited to, the actual property owned by the school, areas around the schools, parking lots, school sponsored events whether on or off school grounds, school buses, and school bus stops.
Gun:
A weapon with a metal tube from which a projectile is discharged by the force of an explosive (includes, but not limited to, pistol, blank pistol, signal pistol, starter pistol, revolver, rifle, shotgun, BB gun, etc.)
Any other weapon: Included, but not limited to:
Any knife (e.g. Bowie, Dirk, lock-blade, hunting pen, pocket, switchblade, utility, etc.)
Any razor (e.g. straight, regular, retractable, etc.)
Any martial arts device (e.g., Chinese stars, nunchaku, ninja claw, etc.)
Any explosive capable of producing serious bodily harm or property damage (e.g., pipe bomb, M-8O, etc.)
Any defense weapons (e.g., mace, stun gun, etc.)
Any tool or instrument which could be capable of effecting bodily harm (e.g., blackjack, chain, club knuckles, nightstick, pipe, studded bracelet, etc.)
Police Involvement:
a. In all cases of weapons or violence in schools or on school grounds, local police will be informed and all confiscated weapons will be turned over to the South Kingstown Police Department.
b. A log of all confiscated weapons will be kept by school administrators and will be available to be reviewed by the local police on a monthly basis.
Policy adopted: March 8, 1994
Revised: June 6, 1996