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Violations of Minnesota Statute
Saint Paul Public Schools Student Behavior Handbook
Violations and Disciplinary Consequences

STANDARDS OF CONDUCT:

Disciplinarypolicies shall be enforced within the general guidelines as set forthbelow. These guidelines describe clearly the various administrativeactions which will be taken for violations of the law and the schooldistrict standards of behavior.

The MAXIMUM administrative actions are expulsion and exclusion.

 Thelisting of MINIMUM actions does not imply or require that a“step-by-step” progression of increasing severity will be employed byan administrator in dealing with a violation. However, there shall be alogical relationship between the severity of the offense and theadministrative action.

The format of this section is to listonly the mandatory MINIMUM disciplinary action for each violation. Thefollowing represent the majority of violations that occur.

 Unlessotherwise noted, these policies apply to student conduct occurring onany property owned or controlled by Saint Paul Public Schools oroccurring in connection with any activity sponsored by or associatedwith the Saint Paul Public Schools


Section I: Violations of Minnesota Statutes

Violation:

Possession/Use of a Firearm: There will be zero tolerancefor possession or use of a firearm by any student. Firearms are bannedfrom all property owned or controlled by Saint Paul Public Schools. Afirearm is defined in Minn. Stat. § 609.666, subd. 1(a) as a devicedesigned to be used as a weapon, from which is expelled a projectile bythe force of explosion or force of combustion.

Minimum Disciplinary Action:

Immediate police notification, and suspension. Mandatory referral for expulsion.

Board’s zero tolerance policy applies. 1

 Related Board Policy: 903

Related Statutes: Minn. Stat. § 609.666, subd. 1(a) (Def. of firearm)


Violation:

Possession/Use of a Dangerous Weapon other than a Firearm: There will be zero tolerancefor possession or use of a dangerous weapon by any student. A“dangerous weapon other than a firearm” is defined as (1) any device orinstrument designed as a weapon and capable of producingdeath or great bodily harm, (2) any device modified so that it may beused as a weapon and capable of producing death or great bodily harm,(3) any combustible or flammable liquid or other device orinstrumentality that, in the manner it is used
or intended to beused, is calculated or likely to produce death or great bodily harm,(4) any fire that is used to produce death or great bodily harm, (5)any knife with a blade equal to or greater than 2.5 inches in length,(6) any replica firearm, BB gun, or pellet gun.


Minimum Disciplinary Action:

Immediate police notification, and suspension. Mandatory referral for expulsion.

 Board’s zero tolerance policy applies.1

 Related Statutes: Minn. Stat. § 609.02, subd. 8 (Def. great bodily harm)

Minn. Stat. § 609.02, subd. 6 (Def. of dangerous weapon)

Minn. Stat. § 609.66 Subd. 1d.

18 U.S.C. § 930(g)(2) (Def. of dangerous weapon)

St. Paul Code § 225.01, 225.03

Violation:

Selling,Soliciting, or Possession of Unlawful or Controlled Drugs or Substances(excluding alcohol and tobacco – covered separately): The unlawfuluse, cultivation, manufacture, distribution, sale, purchase,possession, or transportation of any controlled drug or substance;unlawfully being under the influence of any controlled drug orsubstance; or possession of equipment or devices used for preparing ortaking controlled drugs or substances.

Minimum Disciplinary Action:

Immediate police notification and suspension.

Requires a chemical use assessment.

Related Statutes: Minn. Stat. § 152.01, subds. 1-22 (Def. of controlled substances)

Minn. Stat. § 152.02

Minn. Stat. § 152.021-§ 152.025 (controlled substance crimes in the 1st to 5th degrees)


Violation:

Assault, Aggravated Assault, Disorderly Conduct, Terroristic Threats2, Arson: Assaultis committing an act, verbal or physical, with intent to cause fear inanother of immediate bodily harm or death or intentionally inflictingor attempting to inflict bodily harm upon another.

Aggravated Assault is committing an assault on another person with a dangerous weapon or an assault that inflicts substantial bodily harm.

Disorderly Conductis (1) engaging in brawling or fighting; (2) disturbing a lawfulassembly or meeting; (3) engaging in offensive, obscene, abusive,boisterous, or noisy conduct or in offensive, obscene, or abusivelanguage, when the student reasonably knows that such conduct will, orwill tend to, alarm, anger or disturb others or provoke an assault orbreach of the peace.

Terroristic Threats 2 isthreatening, directly or indirectly, to commit any crime of violencewith intent to terrorize another or to cause evacuation of a building,place of assembly, or vehicle or otherwise to cause serious publicinconvenience, or in reckless disregard of the risk of causing suchterror or inconvenience.

Arson is the intentional destruction or damage to property by means of fire or explosives.


Minimum Disciplinary Action:

Immediate police notification, suspension.

Possible referral for expulsion depending on circumstances.

Board’szero tolerance policy applies in a case of aggravated assault if adangerous weapon was used, or in a case of arson if a combustible orflammable liquid was used.1

Related Statutes: Minn. Stat. § 609.02, subds. 7 & 7a (Def. bodily harm, substantial bodily harm)

Minn. Stat. § 609.02, subd. 10 (Def. assault)

Minn. Stat. § 609.72, subd. 1 (Def. disorderly conduct)

Minn. Stat. § 609.221 to § 609.223 (assault in 1st, 2nd, 3rd and 5th degrees)

Minn. Stat. § 609.713 (Def. terroristic threats)

Minn. Stat. § 609.561 to Minn. Stat. § 609.5632 (arson in 1st through 5th degrees)

Violation:

CriminalSexual Conduct (1st through 4th degrees): Any violation of Minn. Stat.§ 609.342 (Criminal Sexual Conduct in the 1st degree) through Minn.Stat. § 609.345 (Criminal Sexual Conduct in the 4th degree). Criminalsexual conduct amounting to a violation includes criminal “sexualcontact” (see Glossary) or any other sexual act that would be acriminal act if committed by an adult (1) that is accomplished byforce, coercion, or threat of a dangerous weapon, (2) that is committedagainst a person the actor knows or has reason to know is mentallyimpaired, mentally incapacitated or physically helpless, or (3) thatotherwise violates Minn. Stat. § 609.342 through Minn. Stat. § 609.345.

Minimum Disciplinary Action:

Immediate police notification, suspension.

Possible referral for expulsion depending on circumstances.

 Related Statutes: Minn. Stat. § 609.342 through § 609.345

Administrative Note: Administrators who suspect a violation has occurred should immediately contact police.

Refer to administrators’ handbook training manual.