|  | | Violations Against Persons | | Violation:
Fighting: Mutual combat in which both parties have contributed to the situation by verbal and/or physical action.
Minimum Disciplinary Action:
Student conference; parent notification; possible dismissal or suspension; mediation; possible police notification.
Violation:
Possession/Use of Other Weapon or Object, not a firearm and not meeting Minnesota Statute dangerous weapon definition: Other weapon includes any device or instrument –
including any non-conventional weapon - which, in the manner it is used
or intended to be used, is calculated or likely to produce bodily harm
or substantial bodily harm, or fear of any degree of bodily harm.
(Other weapons include knives with blades under 2.5 inches, fake
knives, look-alike weapons etc.)
- Possession or use of other weapon with intent (see 1. ).
- Possession of other weapon, with no intent (see 2. ).
Minimum Disciplinary Action:
1. Possession of other weapon with use or intent to use: Immediate police notification, suspension.
Mandatory referral for expulsion.
Board’s zero tolerance policy applies.1
2. Possession of other weapon, with no intent: Possible police notification, possible suspension, and/or parent conference.
Possible referral for expulsion depending on circumstances. Referral determination made by administrative staff.
Board’s zero tolerance policy may apply. 1
Related Statutes: Minn. Stat. § 609.02, subds. 7 & 7a (Def.
of bodily harm, substantial bodily harm); Minn. Stat. § 609.713, subd.
3 (b)(2) (Def. replica firearm)
Violation:
Threats 2: Any oral, written, or physical threat, sign, or act which
conveys an intent to cause harm or violence, even if made in
jest.
Minimum Disciplinary Action:
Student conference; parent conference; possible
dismissal; possible suspension; possible in-school monitoring upon
return.
Violation:
Harassment 3: Harassment includes physical or verbal conduct, or communication directed at an individual that is—
1. based on an individual’s race, creed, sex, marital status,
national origin, age, color, religion, ancestry, status with respect to
public assistance, sexual or affectional orientation, or disability;
and
2. has the purpose or effect of creating an environment that is
intimidating, hostile, or offensive with respect to that individual; or
3. otherwise adversely affects the individual’s employment, educational
opportunities, or access to a benefit from the school
district. Student conference; parent notification;
possible dismissal or suspension.
Minimum Disciplinary Action:
Related Board Policy: 415
Related Statutes: Minn. Stat. §121A.03
Racial or Religious Harassment 3 consists of physical or verbal conduct
or communication relating to an individual’s race or religion when the
conduct—
1. has the purpose or effect of creating an intimidating, hostile,
derogatory, or offensive employment, educational, or school district
environment;
2. has the purpose or effect of substantially or unreasonably interfering with an individual’s employment or education; or
3. otherwise adversely affects an individual’s employment, educational
opportunities, or access to a benefit from the school
district.
Minimum Disciplinary Action:
Student conference; parent notification;
possible dismissal or suspension.
Related Board Policies: 413, 415
Related Statutes: Minn. Stat. §121A.03
Racial or Religious Violence 3 is a physical act of aggression or
assault or the threat of aggression or assault upon another because of,
or in a manner reasonably related to, race or religion. Such an
act may also constitute a criminal law violation. See Assault in
Section I of this handbook. Student conference;
parent notification; possible dismissal or suspension; possible
notification of police.
Minimum Disciplinary Action:
Related Board Policy: 415
Related Statutes: Minn. Stat. §121A.03
Violation:
Sexual Harassment 3 consists of unwelcome sexual advances, requests for
sexual favors, sexually motivated physical conduct or other physical or
verbal conduct or communication of a sexual nature when—
1. that conduct or communication has the purpose or effect of
substantially or unreasonably interfering with an individual’s
employment or education, or creating an intimidating, hostile, or
offensive employment, educational, or school district environment;
2. submission to that conduct or communication is made a term or
condition, either explicitly or implicitly, of obtaining or retaining
employment, or of obtaining an education or a benefit from the school
district; or
3. submission to or rejection of that con-duct or communication by an
individual is used as a factor in decisions affecting that individual’s
employment or education or access to a benefit from the school
district. Student conference; parent notification;
possible dismissal or suspension.
Minimum Disciplinary Action:
Related Board Policy: 415
Related Statutes: Minn. Stat. §121A.03
Violation:
Sexual Violence 3 is a physical act of aggression or force or the threat
of aggression or force which involves the touching of another’s
intimate parts, or forcing a person to touch any person’s intimate
parts (as defined in Minn. Stat. § 609.341). Such an act may also
constitute a criminal law violation. See Assault and Criminal
Sexual Conduct in Section I of this handbook.
Minimum Disciplinary Action:
Student conference; parent notification; possible dismissal or suspension;
possible notification of police.
Related Board Policy: 415
Related Statutes: Minn. Stat. §121A.03
Other Harassment/Bullying 3: Participating in, or conspiring with others
to engage in bullying or other acts committed with the intent to
injure, degrade, disgrace, or intimidate other individuals. This
includes sending or posting harmful text or images using the Internet,
wireless phones, or other communications devices.
Minimum Disciplinary Action:
Student conference; parent notification; possible dismissal or
suspension.
Related Board Policies: 415, 520
Related Statutes: Minn. Stat. §121A.03
Violation:
Hazing 3: Committing an act against a student, or coercing a student
into committing an act, that creates a substantial risk of harm to a
person in order for the student to be initiated into or affiliated with
a school or school organization, or for any other purpose.
Prohibited conduct includes, but is not limited to, any type of
physical brutality, such as whipping, beating, striking, branding,
electronic shocking, or placing a harmful substance on the body.
The policy applies to student conduct occurring on or off school
property and during and after school hours.
Minimum Disciplinary Action:
Police notification; suspension; possible expulsion.
Related Board Policy: 528.01
Administrative Note: Review the Assault violation in Section I
for guidance in determining if Minnesota Statutes may apply.
When such acts occur off school property, the prohibition against
Hazing applies if any connection to Saint Paul Public Schools is
implicit or explicit.
Discrimination 3: No person shall, on the grounds of race, creed,
sex, marital status, national origin, age, color, religion, ancestry,
status with regard to public assistance, sexual or affectional
orientation, familial status or disability be subjected to
discrimination.
Minimum Disciplinary Action:
Student conference; education on policy; parent notification;
possible dismissal or suspension; in-school monitoring upon return.
Related Board Policy: 102
Verbal Abuse: Use of disrespectful or threatening
language. Student conference; parent notification;
dismissal.
Possession of an Incapacitation or Audio Alert Device: “Incapacitation
device” means (1) a device designed or intended by the manufacturer to
be used to temporarily immobilize or incapacitate a person or animal by
means of electronic pulse or a current; (2) any pain compliance device;
or (3) tear gas or tear gas derivative, or any substance intended to
function similar to tear gas. “Audio alert device” means any
device intended to be used to produce audio signals for purposes of
repelling an attack or intrusion by others.
Minimum Disciplinary Action:
Student conference; parent notification.
Robbery/Extortion: The obtaining of property from another by force, a
threat of force, or under the color of official right.
Minimum Disciplinary Action:
Possible police notification; parent notification;
possible dismissal or suspension.
Administrative Note: If force or threat of force is not used, see “Theft” under Section III, Property Violations.
Criminal act against a staff member: Committing an act against a SPPS
staff member, that would be a crime if committed by an adult, if the
student’s act was because the person is or was a SPPS staff
person. This policy applies to student acts occurring on or off
school property and during or after school hours.
Minimum Disciplinary Action:
Student conference; parent notification, possible
police notification; suspension.
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