| Violations of Minnesota Statute |  | Saint Paul Public Schools Student Behavior Handbook
Violations and Disciplinary Consequences
STANDARDS OF CONDUCT:
Disciplinary
policies shall be enforced within the general guidelines as set forth
below. These guidelines describe clearly the various administrative
actions which will be taken for violations of the law and the school
district standards of behavior.
The MAXIMUM administrative actions are expulsion and exclusion.
The
listing of MINIMUM actions does not imply or require that a
“step-by-step” progression of increasing severity will be employed by
an administrator in dealing with a violation. However, there shall be a
logical relationship between the severity of the offense and the
administrative action.
The format of this section is to list
only the mandatory MINIMUM disciplinary action for each violation. The
following represent the majority of violations that occur.
Unless
otherwise noted, these policies apply to student conduct occurring on
any property owned or controlled by Saint Paul Public Schools or
occurring in connection with any activity sponsored by or associated
with the Saint Paul Public Schools
Section I: Violations of Minnesota Statutes
Violation:
Possession/Use of a Firearm: There will be zero tolerance
for possession or use of a firearm by any student. Firearms are banned
from all property owned or controlled by Saint Paul Public Schools. A
firearm is defined in Minn. Stat. § 609.666, subd. 1(a) as a device
designed to be used as a weapon, from which is expelled a projectile by
the 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 tolerance
for possession or use of a dangerous weapon by any student. A
“dangerous weapon other than a firearm” is defined as (1) any device or
instrument designed as a weapon and capable of producing
death or great bodily harm, (2) any device modified so that it may be
used as a weapon and capable of producing death or great bodily harm,
(3) any combustible or flammable liquid or other device or
instrumentality that, in the manner it is used
or intended to be
used, 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 unlawful
use, cultivation, manufacture, distribution, sale, purchase,
possession, or transportation of any controlled drug or substance;
unlawfully being under the influence of any controlled drug or
substance; or possession of equipment or devices used for preparing or
taking 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: Assault
is committing an act, verbal or physical, with intent to cause fear in
another of immediate bodily harm or death or intentionally inflicting
or 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 Conduct
is (1) engaging in brawling or fighting; (2) disturbing a lawful
assembly or meeting; (3) engaging in offensive, obscene, abusive,
boisterous, or noisy conduct or in offensive, obscene, or abusive
language, when the student reasonably knows that such conduct will, or
will tend to, alarm, anger or disturb others or provoke an assault or
breach of the peace.
Terroristic Threats 2 is
threatening, directly or indirectly, to commit any crime of violence
with intent to terrorize another or to cause evacuation of a building,
place of assembly, or vehicle or otherwise to cause serious public
inconvenience, or in reckless disregard of the risk of causing such
terror 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’s
zero tolerance policy applies in a case of aggravated assault if a
dangerous weapon was used, or in a case of arson if a combustible or
flammable 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:
Criminal
Sexual 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). Criminal
sexual conduct amounting to a violation includes criminal “sexual
contact” (see Glossary) or any other sexual act that would be a
criminal act if committed by an adult (1) that is accomplished by
force, coercion, or threat of a dangerous weapon, (2) that is committed
against a person the actor knows or has reason to know is mentally
impaired, mentally incapacitated or physically helpless, or (3) that
otherwise 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.
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