NC Schools Dropout Data Reporting the 17 “Reportable Offenses” Dr. Ken Gattis Program Monitoring & Support NC Department of Public Instruction kgattis@dpi. state. nc. us (919) 807 -4049
NC General Statute 115 C-288(g) (Powers and Duties of Principal) To Report Certain Acts to Law Enforcement. – When the principal has personal knowledge or actual notice from school personnel that an act has occurred on school property involving assault resulting in serious personal injury, sexual assault, sexual offense, rape, kidnapping, indecent liberties with a minor, assault involving the use of a weapon, possession of a firearm in violation of the law, possession of a weapon in violation of the law, or possession of a controlled substance in violation of the law, the principal shall immediately report the act to the appropriate local law enforcement agency. Failure to report under this subsection is a Class 3 misdemeanor. For purposes of this subsection, "school property" shall include any public school building, bus, public school campus, grounds, recreational area, or athletic field, in the charge of the principal. It is the intent of the General Assembly that the principal notify the superintendent and the superintendent notify the local board of any report made to law enforcement under this subsection.
Locations Where Acts Must Be Reported 115 C-288(g): For purposes of this subsection, "school property" shall include any public school building, bus, public school campus, grounds, recreational area, or athletic field, in the charge of the principal. SBE Policy HRS-A-000: …State Board of Education policy requires that…the "location" or site of every reported incident be specified as a classroom, hallway, cafeteria, office, restroom, gym, stairway, other location in the school, parking lot, school grounds, off school grounds, on the school bus, a bus stop, or other.
SBE Policy HRS-A-006 (formerly SS-A-006) Violent Criminal Offenses, or “Dangerous Acts” 1. Homicide 2. Assault Resulting in Serious Bodily Injury 3. Assault Involving Use of a Weapon 4. Rape 5. Sexual Offense 6. Sexual Assault 7. Kidnapping 8. Robbery with a Dangerous Weapon 9. Robbery 10. Taking Indecent Liberties with a Minor
SBE Policy HRS-A-006 Persistently Dangerous School Criteria A persistently dangerous school is a public elementary, middle or secondary school or a charter school in which a total of five or more violent criminal offenses were committed per 1000 students (0. 5 or more per 100 students) during each of the two most recent school years and in which the conditions that contributed to the commission of those offenses are likely to continue into another school year.
NC General Statute 115 C-12(21) Duty to Monitor Acts of School Violence. – The State Board of Education shall monitor and compile an annual report on acts of violence in the public schools. The State Board shall adopt standard definitions for acts of school violence and shall require local boards of education to report them to the State Board in a standard format adopted by the State Board. In practice, the SBE adopted definitions of 17 crimes, including the ten violent acts.
What Acts Must Be Reported? SBE Policy HRS-A-000 (formerly SS-A-000) Incidents/Acts Specified by G. S. 115 C-228(g) The new law requires teachers to report to principals and principals to report to law enforcement any of the following acts that have occurred on school property. In the case of incidents that involve the committing of more than one reportable act, all such incidents need to be reported. 1. Assault involving the use of a weapon 2. Assault resulting in serious personal injury 3. Kidnapping 4. Possession of a controlled substance in violation of the law 5. Possession of a firearm, as differentiated by handgun, rifle, shotgun and other 6. Possession of a weapon 7. Rape 8. Sexual assault 9. Sexual offense 10. Taking indecent liberties with a minor
SBE Policy HRS-A-000 (continued) In addition, and in keeping with G. S. 115 C-12 (21), the State Board of Education requires principals to report to law enforcement the following additional acts occurring on school property: 1. Assault on school officials, employees and volunteers 2. Homicide, including murder, manslaughter and death by vehicle 3. Robbery 4. Robbery with a dangerous weapon 5. Unlawful, underage sales, purchase, provision, possession or consumption of alcoholic beverages 6. Making bomb threats or engaging in bomb hoaxes; possession of explosives or abetting a minor to possess explosives 7. Willfully burning a public or private school
Offenses and Reporting Categories Offenses are reported in NC WISE for the 10 dangerous offenses (PD), the other 7 reportable offenses (RO), and a large number of unacceptable behavior offenses (UB). The PD and RO offenses map to the Reporting Categories 1 -17. Most of these mappings are one-to-one with the following exceptions: Reporting Category Possession of Alcoholic Beverage Offenses Alcohol possession; Use of alcoholic beverages Use of narcotics; Use of controlled substances; Possession of Controlled Substance controlled substance in violation of law – cocaine; Possession of controlled substance in violation of law – marijuana; Possession of in Violation of Law controlled substance in violation of law – Ritalin; Possession of controlled substance in violation of law – other; Sale of controlled substance in violation of law – cocaine; Sale of controlled substance in violation of law – marijuana; Sale of controlled substance in violation of law – Ritalin; Sale of controlled substance in violation of law – other; Possession of another person's prescription drug; Distribution of a prescription drug
From DPI Discipline Data Reporting Guidelines “What Must Be Reported” Any of the 17 reportable acts committed on a school campus or in connection with a school function. Any act resulting in an out-of-school suspension or expulsion. Any in-school suspension received by an EC student. Any assignment to an alternative school or alternative learning program. Any of the following acts, regardless of consequences assigned: - bullying - discrimination - verbal harassment - sexual harassment - a violent assault not resulting in serious injury (as defined by SBE) - fighting (or affray) - communicating threats - gang activity - extortion - property damage - possession or use of tobacco products
From DPI Discipline Data Reporting Guidelines DPI Guidance for Reporting Offenses 1. For a particular offender in an incident, report the most serious offense(s) first. 2. Report each additional offense committed that is not subsumed by a previously reported offense. For example, in a knife assault the act of “Possession of a Weapon” is subsumed by the more serious “Assault Involving the Use of a Weapon, ” (because the knife must be possessed in order for the assault to take place). 3. Report multiple offenses for incidents involving multiple victims if the offenses are clearly separate events in time. For example, if a student robs two different students while displaying a handgun in the same day, two acts of “Robbery With a Dangerous Weapon” would be recorded. However, if the student displays a handgun to a group of students and threatens them collectively, only one act of “Assault Involving Use of a Weapon” would be recorded.
From DPI Discipline Data Reporting Guidelines DPI Guidance for Reporting Offenses 4. Report a separate offense for each possession, use, or sale of a particular contraband item. Do not report possession as a separate offense if also reporting use or selling of the same item in the same incident. 5. An offense should be reported whenever school officials become aware that the act occurred, regardless of when the act occurred. Therefore, it is possible that an offense that occurred in a previous year will need to be reported in the current year’s data.
Reportable Acts and Scenarios. The following slides contain a reportable act with its definition or a series of reportable acts and definitions followed by offense scenarios to test your understanding of how to report the acts correctly.
1. Assault Resulting in Serious Injury. • An intentional physical attack causing the victim obvious severe or aggravated bodily injury involving (a) broken bones, loss of teeth, possible internal injuries; severe lacerations and bleeding; or loss of consciousness; and/or (b) requiring emergency medical services by trained school personnel or other health professionals (e. g. EMS) and/or hospitalization. If the offender used a weapon in an assault resulting in serious injury, report both Assault Resulting in Serious Injury and Assault Involving Use of a Weapon. Fights or affrays, where no weapon was used, resulting in no apparent or serious injuries are not required by state law to be reported, even if the incident resulted in suspensions or expulsion for the student. Local School Board policy may require reporting of fights or affrays to law enforcement.
2. Assault Involving Use of a Weapon • An assault by one person against another where the attacker either uses a weapon or displays a weapon in a threatening manner. Weapon is defined as: Any firearm or explosive device; forceimpacting device; knife or sharp-edged or sharp-pointed utensil, device or tool; or any article, instrument or substance which can or is likely to produce death or great bodily harm. If a firearm or other weapon is used in the commission of any offense, the type of weapon must be identified.
3. Assault on School Personnel. • An assault is an intentional physical attack by one person on another. An assault is either the actual intentional striking of another person, or an attempt to physically strike another by an intentional show of force or menace of violence sufficient to put a reasonable person in fear of immediate physical injury. This offense includes assaults on school personnel that do not involve use of a weapon and do not result in apparent serious injury. If apparent serious injury to school personnel results from the assault, report as Assault Resulting in Serious Injury. If the assault involves use of a weapon, report as Assault Involving Use of a Weapon. Victims included in this category are school administrators, education professionals (e. g. teachers), classified staff members (e. g. custodial, clerical), and adult volunteers. Acts which would not be reported are things such as unintentional pushing and jostling, as in a crowd; a school staff member who is accidentally struck while attempting to break up a fight or affray; or a volunteer who is knocked down by a student carelessly rushing through a door. Verbal threats to physically attack are not included unless they are accompanied by an act that is an intentional show of force or menace of violence sufficient to put a reasonable person in fear of immediate physical injury.
Assault Scenarios: Which Offense to Report? 1. A senior high school football player is told by the coach that for academic reasons he is being suspended by the principal for his last football game. The player confronts and strikes the principal, knocking him down and bruising his jaw. A. B. C. D. Assault Resulting in Serious Injury. Assault Involving Use of a Weapon. Assault on School Personnel. A lesser offense.
Assault Scenarios: Which Offense to Report? 1. A senior high school football player is told by the coach that for academic reasons he is being suspended by the principal for his last football game. The player confronts and strikes the principal, knocking him down and bruising his jaw. C. Assault on School Personnel.
Assault Scenarios: Which Offense to Report? 2. After an exchange of words, a 9 th grade student strikes a janitor in the shin with a metal bar, causing a bad bruise. A. B. C. D. Assault Resulting in Serious Injury. Assault Involving Use of a Weapon. Assault on School Personnel. A lesser offense.
Assault Scenarios: Which Offense to Report? 2. After an exchange of words, a 9 th grade student strikes a janitor in the shin with a metal bar, causing a bad bruise. B. Assault Involving Use of a Weapon.
Assault Scenarios: Which Offense to Report? 3. An elementary student attacked and wounded the school principal with an ink pen, causing bleeding to the point that an ambulance had to be called. A. B. C. D. Assault Resulting in Serious Injury. Assault Involving Use of a Weapon. Assault on School Personnel. A lesser offense.
Assault Scenarios: Which Offense to Report? 3. An elementary student attacked and wounded the school principal with an ink pen, causing bleeding to the point that an ambulance had to be called. A. Assault Resulting in Serious Injury. B. Assault Involving Use of a Weapon.
Assault Scenarios: Which Offense to Report? 4. After being scolded by a teacher for being in the hall after the bell, a middle school student makes a fist and pulls back as if to throw a punch. The student stops the motion of his fist after moving forward a few inches, but not before the teacher flinches and steps back. A. B. C. D. Assault Involving Use of a Weapon. Assault on School Personnel. A lesser offense. No offense.
Assault Scenarios: Which Offense to Report? 4. After being scolded by a teacher for being in the hall after the bell, a middle school student makes a fist and pulls back as if to throw a punch. The student stops the motion of his fist after moving forward a few inches, but not before the teacher flinches and steps back. B. Assault on School Personnel.
Assault Scenarios: Which Offense to Report? 5. Two high school students are fighting in a gym class. As the gym teacher moves in to pull away one student, the students draws back to throw a punch and unintentionally strikes the teacher in the face. A. B. C. D. Assault Involving Use of a Weapon. Assault on School Personnel. A lesser offense. No offense.
Assault Scenarios: Which Offense to Report? 5. Two high school students are fighting in a gym class. As the gym teacher moves in to pull away one student, the students draws back to throw a punch and unintentionally strikes the teacher in the face. C. A lesser offense (Fighting or Affray).
Assault Crimes Key Factors in Reporting 1. There is a low threshold for reporting Assault on School Personnel, however the act should be intentional. 2. Do not report Assault on School Personnel if reporting Assault Involving Use of a Weapon or Assault Resulting in Serious Injury. 3. Either seriousness of injuries or requirement for emergency care elevates an assault to be reported as “resulting in serious injury. ” 4. For reporting Assault Involving Use of a Weapon a) almost anything can be a weapon if it could cause “great bodily harm” and b) the weapon only has to be displayed in a threatening manner. 5. For a serious injury inflicted by a weapon, report both Assault Involving Use of a Weapon and Assault Resulting in Serious Injury.
4. Bomb Threat • (See G. S. 14 -69. 1 and 14 -69. 2). Making or communicating a false bomb threat in any form, including a computer message; or perpetrating a bomb threat hoax by bringing a fake explosive device, whether openly or concealed, onto school property or to school-sponsored events (both are considered Class H felonies by G. S. 1469. 1 and G. S. 14 -69. 2). Because this definition is a summary of lengthy and detailed legislation, users of the definition should consult their school board attorney or the http: //www. ncga. state. nc. us/statutes/toc-1. html website for further details or clarifications regarding its use.
4. Bomb Threat • G. S. 14 -69. 1: …any person who, by any means of communication to any person or group of persons, makes a report, knowing or having reason to know the report is false, that there is located in or in sufficient proximity to cause damage to any building, house or other structure… any device designed to destroy or damage the building, house or structure…by explosion, blasting or burning, is guilty of a Class H felony.
Bomb Threat Scenarios 1. A student writes a note and gives it to a classmate before skipping school. It reads, “School sucks, especially Mr. Jones. I’m going to bomb the school. ” The student turns in the note to the principal. A. B. C. Bomb threat. A lesser offense. No offense.
Bomb Threat Scenarios 1. A student writes a note and gives it to a classmate before skipping school. It reads, “School sucks, especially Mr. Jones. I’m going to bomb the school. ” The student turns in the note to the principal. B. A lesser offense (Skipping School, Communicating Threats). (Note that a threat was communicated, but not a statement that a bomb had been placed. )
Bomb Threat Scenarios 2. The school office receives an anonymous phone call stating that there is a bomb located somewhere in the gymnasium. When asked if the bomb was live and set to go off, the caller hung up. A. B. C. Bomb Threat. A lesser offense. No offense.
Bomb Threat Scenarios 2. The school office receives an anonymous phone call stating that there is a bomb located somewhere in the gymnasium. When asked if the bomb was live and set to go off, the caller hung up. A. Bomb Threat.
5. Burning of a School Building • (See G. S. 14 -60). Any person who maliciously and willfully sets fire to, burns or causes to be burned (i. e. aids, directs or procures the burning of) any school building owned, leased or used by the public schools (considered a Class F felony by G. S. 14 -60). Because this definition is a summary of lengthy and detailed legislation, users of the definition should consult their school board attorney or the http: //www. ncga. state. nc. us/statutes/toc-1. html website for further details or clarifications regarding its use.
5. Burning of a School Building • G. S. 14 -60: If any person shall wantonly and willfully set fire to or burn or cause to be burned or aid, counsel or procure the burning of, any schoolhouse or building owned, leased or used by any public or private school, college or educational institution, he shall be punished as a Class F felon.
School Burning Scenarios 1. Over the weekend after the first football game, a student sets fire to the locker room of a county football stadium that the high school leased for its home football games. A. B. C. Burning of a School Building. A lesser offense. No offense.
School Burning Scenarios 1. Over the weekend after the first football game, a student sets fire to the locker room of a county football stadium that the high school leased for its home football games. A. Burning of a School Building.
School Burning Scenarios 2. On a Tuesday night before the beginning of final exams, the main high school building burned to the ground. The initial investigation indicated that the origin of the fire was electrical in nature. A. B. C. Burning of a School Building. A lesser offense. No offense.
School Burning Scenarios 2. On a Tuesday night before the beginning of final exams, the main high school building burned to the ground. The initial investigation indicated that the origin of the fire was electrical in nature. C. No offense.
6. Death By Other Than Natural Causes. • The killing of a living person, done either by another or by suicide. Acts to be reported under this category include murder, manslaughter, death by vehicle, killing in self-defense, killing done by an insane person, accidental killing and suicide. Killing is to be reported if either the death or the act causing it occurred on school property, and regardless of whether the victim is associated with the school. Examples of incidents to be reported are the accidental death of a child in a school bus accident, or a victim on school property shot by someone located on or off school property.
Death Scenarios 1. In a tragic accident, a parent dropping his child off at school in a driveway on campus hits another child that darts into the path of the car. The child dies of her injuries at a local hospital. A. B. C. Death By Other Than Natural Causes. Assault Resulting in Serious Injury. Not Reported.
Death Scenarios 1. In a tragic accident, a parent dropping his child off at school in a driveway on campus hits another child that darts into the path of the car. The child dies of her injuries at a local hospital. A. Death By Other Than Natural Causes.
Death Scenarios 2. A 28 year old male was found dead in a car parked at a city baseball parked leased by the school for use during certain times each week. The cause of death was uncertain, but was believed to be a drug overdose. The victim was not a local resident. A. B. Death By Other Than Natural Causes. Not Reported.
Death Scenarios 2. A 28 -year-old male was found dead in a car parked at a city baseball parked leased by the school for use during certain times each week. The cause of death was uncertain, but was believed to be a drug overdose. The victim was not a local resident. A. Death By Other Than Natural Causes.
Death By Other Than Natural Causes Key Factors in Reporting 1. Can be self-inflicted or inflicted by another. 2. Can be accidental or purposeful. 3. Remember that the school campus includes the main campus, sports fields, on buses, and at bus stops. 4. The definition does not address whether it should be applied to victims who die at another location after being injured on a school campus. Recommend reporting these cases.
7. Kidnapping • Confining, restraining or removing from one place to another a person, without his/her or the victim’s or a minor victim’s parents’ consent, for the purpose of committing a felony; or holding a victim as hostage or for ransom, or for use as a shield. A parent taking a child in violation of a court order, although it may be a crime, is not kidnapping for this purpose.
Kidnapping Scenarios 1. The young son of a 3 rd grade teacher attended the same school as his mother and usually rode home with her. One day after school he disappeared after telling his mother he was going to the bathroom. As police were investigating that evening a ransom note was found in the bathroom. A. B. C. Kidnapping A lesser offense. No offense.
Kidnapping Scenarios 1. The young son of a 3 rd grade teacher attended the same school as his mother and rode home with her. One day after school he disappeared after telling his mother he was going to the bathroom. As police were investigating that evening a ransom note was found in the bathroom. A. Kidnapping.
Kidnapping Scenarios 2. A male student who had been suspended arrives a school with a shotgun the next day, walks into Mrs. Vickers’ room, brandishes the shotgun, and announces that no one is leaving until he says so. It is between classes and there are five students in the room with Mrs. Vickers. A police negotiator talks the student into giving up after about two hours. No one was hurt. A. B. C. D. Kidnapping. Assault Involving Use of a Weapon. A lesser offense. No offense.
Kidnapping Scenarios 2. A male student who had been suspended arrives a school with a shotgun the next day, walks into Mrs. Vickers’ room, brandishes the shotgun, and announces that no one is leaving until he says so. It is between classes and there are five students in the room with Mrs. Vickers. A police negotiator talks the student into giving up after about two hours. No one was hurt. A. Kidnapping. B. Assault Involving Use of a Weapon. (Not necessary to list more than one count of each. )
8. Possession of Alcoholic Beverage • (See G. S. 18 B-300 to 302). Any underage person who purchases, provides or sells to another, possesses or has in his/her immediate custody or control, or consumes malt beverages, fortified or unfortified wine, or spirituous liquor, in any amount or form, on school property owned or leased by the local board of education, or at schoolsponsored events (comparable to a misdemeanor violation by G. S. 18 B-102 and G. S. 18 B-300, 301 and 302).
Possession of Alcoholic Beverage Scenario 1. At a home football game, the SRO noticed three students in a group behind the bleachers. John appeared to be drinking from a pint whiskey bottle. When the SRO confronted the students a pint bottle was found in Jerry’s possession. All three students smelled of alcohol and appeared to be intoxicated, however the third student denied that he had been drinking. A. B. C. D. One (1) Possession of Alcoholic Beverage Two (2) Possession of Alcoholic Beverage Three (3) Possession of Alcoholic Beverage No Offense
Possession of Alcoholic Beverage Scenario 1. At a home football game, the SRO noticed three students in a group behind the bleachers. John appeared to be drinking from a pint whiskey bottle. When the SRO confronted the students a pint bottle was found in Jerry’s possession. All three students smelled of alcohol and appeared to be intoxicated, however the third student denied that he had been drinking. B. Two (2) Possession of Alcoholic Beverage (John – “Use of” and Jerry – “Possession of”. Although the 3 rd student should arguably be disciplined for being intoxicated, it is unclear whether this crime occurred on campus. )
9. Possession of Controlled Substance in Violation of Law. • Possession of narcotic drugs on or in the immediate control of the person. Narcotic drugs include any form of cocaine, marijuana, heroin, LSD, methamphetamine, and all drugs listed in the North Carolina Controlled Substances Act. Possession of any amount in any form must be reported. Unauthorized possession of a prescription drug (e. g. , Ritalin) is included in this category. The principal should confer with law enforcement personnel when in doubt as to whether a drug is a controlled substance. Alcohol possession should be reported as Possession of Alcoholic Beverage.
Possession of Controlled Substance Scenarios 1. A teacher observed two students getting out of a car in the student parking area. Later in class the same teacher observed the same two students with glassy eyes and reported the incident to the SRO. The SRO spoke to one of the students who gives permission to search his car. The SRO finds two plastic bags under the dashboard, one with marijuana and the other with illegal pills. A. B. C. D. E. One (1) Possession of a Controlled Substance Two (2) Possession of a Controlled Substance Four (4) Possession of a Controlled Substance No offense A lesser offense
Possession of Controlled Substance Scenarios 1. A teacher observed two students getting out of a car in the student parking area. Later in class the same teacher observed the same two students with glassy eyes and reported the incident to the SRO. The SRO spoke to one of the students who gives permission to search his car. The SRO finds two plastic bags under the dashboard, one with marijuana and the other with illegal pills. B. Two (2) Possession of a Controlled Substance (Acts charged to owner of car only: Possession of controlled substance in violation of law – marijuana, Possession of controlled substance in violation of law – other)
Possession of Controlled Substance Scenarios 2. The SRO observed an exchange of money and items between two students. The items were found to be two bags of marijuana. A. B. C. D. E. One (1) Possession of a Controlled Substance Two (2) Possession of a Controlled Substance Four (4) Possession of a Controlled Substance No offense A lesser offense
Possession of Controlled Substance Scenarios 2. The SRO observed an exchange of money and items between two students. The items were found to be two bags of marijuana. B. Two (2) Possession of a Controlled Substance (The two bags of marijuana count as one substance. Offense of seller: Sale of controlled substance in violation of law – marijuana. Offense of buyer: Possession of controlled substance in violation of law – marijuana. Both offenses map to the reporting category of Possession of a Controlled Substance. )
Possession of a Controlled Substance Key Factors in Reporting 1. Report a separate offense for each possession, use, or sale of a particular contraband item. As in Scenario 1, the marijuana and the pills are two different contraband items. 2. Do not report possession as a separate offense if also reporting use or selling of the same item in the same incident. As in Scenario 2, the selling and the possession of the marijuana constitute just one reportable offense for the student.
10. Possession of a Firearm or Powerful Explosive. • Any unauthorized person possessing on their person or within their custody or control, or storing, or carrying, whether openly or concealed, locked or unlocked, any firearm or powerful explosive, whether operable or inoperable, on school property; or bringing such a device onto school property. Persons authorized to carry weapons on school property are law enforcement officers, firefighters, and emergency service personnel when discharging their official duties (State law G. S. 115 C-391 requires that local boards of education suspend for 365 days any student who brings a “weapon” onto school property. Weapons are defined as any gun, rifle, pistol, or other firearm of any kind, or any dynamite cartridge, bomb, grenade, mine or other powerful explosive, as defined in G. S. 14 -284. 1; and this does not apply to fireworks. Superintendents may modify the suspension on a case-by-case basis, but a written explanation for the decision must be included with the school’s Annual Report on School Crime and Violence). Firearm type(s) must be identified in the WEAPON field of the USDDC. Because “Bomb Possession” involves the G. S. 14 -269. 2 definition of a bomb or “powerful explosive” as a felony level weapon (G. S. 14 -269. 2 (b 1)), as differentiated from a felony “firearm” weapon (G. S. 14 -269. 2 (b)), former definitions of “possession of a firearm” and “possession of a (misdemeanor) weapon” have been revised.
Possession of a Firearm Scenarios 1. A shotgun is in plain view on a gun rack in a pickup truck parked in the student parking lot. Upon investigation, the gun is found to be unloaded. A. B. C. D. Possession of a Firearm or Powerful Explosive. Possession of a Weapon No offense A lesser offense
Possession of a Firearm Scenarios 1. A shotgun is in plain view on a gun rack in a pickup truck parked in the student parking lot. Upon investigation, the gun is found to be unloaded. A. Possession of a Firearm or Powerful Explosive.
Possession of a Firearm Scenarios 2. Mr. Johnson has arrived at the school office to pick up his 7 th grade daughter who is sick. The SRO notices a holstered weapon under Mr. Johnson’s jacket and confronts him. Mr. Johnson apologizes, says he is an ATF agent, and shows an ATF ID card. The SRO escorts Mr. Johnson back to his vehicle until his daughter is ready to leave. A. B. Possession of a Firearm or Powerful Explosive. No offense.
Possession of a Firearm Scenarios 2. Mr. Johnson has arrived at the school office to pick up his 7 th grade daughter who is sick. The SRO notices a holstered weapon under Mr. Johnson’s jacket and confronts him. Mr. Johnson apologizes, says he is an ATF agent, and shows an ATF ID card. The SRO escorts Mr. Johnson back to his vehicle until his daughter is ready to leave. A. Possession of a Firearm or Powerful Explosive. (Mr. Johnson is a law enforcement officer, but he was not discharging his official duties in picking up his daughter. )
11. Possession of a Weapon. • Possessing on their person or within their custody or control, storing, or carrying, by any unauthorized person, whether openly or concealed, a weapon, excluding firearms and powerful explosives, defined as follows: Any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades, any sharp pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction and maintenance. This category covers possession of all weapons, other than firearms and powerful explosives, which the law prohibits on educational property (N. C. G. S. § 14 -269. 2). Persons authorized to possess such weapons are law enforcement officers, firefighters and emergency service personnel when discharging their official duties. Report type of weapon unlawfully possessed in the WEAPON field of the USDDC.
Possession of a Weapon Scenarios 1. An altercation between two students quickly escalates into a fight. After an exchange of blows, the larger student, Chuck, lands a punch and knocks the smaller student, Alonso, down. Alonso is dazed and lying on the ground. Chuck kicks Alonso in the head and runs away. Chuck is caught by the SRO, who finds a pocketknife in Alonso’s pocket. A. B. C. D. Possession of a Weapon plus Fighting (2) plus simple Assault Involving the Use of a Weapon
Possession of a Weapon Scenarios 1. An altercation between two students quickly escalates into a fight. After an exchange of blows, the larger student, Chuck, lands a punch and knocks the smaller student, Alonso, down. Alonso is dazed and lying on the ground. Chuck kicks Alonso in the head and runs away. Chuck is caught by the SRO, who finds a pocketknife in Alonso’s pocket. C. Possession of a Weapon plus Fighting (2) (plus either Assault or Violent Assault Not Resulting in Serious Injury)
Possession of a Weapon Scenarios 2. Mrs. Elkins, a 4 th grade teacher, finds a cap gun in Marvin’s backpack. A. B. C. D. Possession of a Firearm or Powerful Explosive Possession of a Weapon A lesser offense No offense
Possession of a Weapon Scenarios 2. Mrs. Elkins, a 4 th grade teacher, finds a cap gun in Marvin’s backpack. A. No offense - Unless school or LEA has a rule against cap guns or toy guns. In this case, the lesser offenses “Inappropriate Items on School Property” or “Other school defined offense” might be used.
12. Rape. • Rape may be statutory or forcible. Forcible Rape is vaginal intercourse committed by force and without the consent of the victim, regardless of age. Statutory Rape is vaginal intercourse committed on a child under the age of 16 by a person who is at least 12 years old and at least 4 years older than the victim, regardless of whether the victim consented. Consensual vaginal intercourse between a 13, 14 or 15 year old girl or boy and a 16 year old girl or boy is not a crime; statutory rape requires at least four years between birthdays of the victim and perpetrator. Some examples of incidents which must be reported under this category are consensual intercourse between a 19 -year old and a 15 -year old; consensual intercourse with a person who is mentally handicapped or incapacitated, or physically helpless, regardless of whether the victim consented; or intercourse with an intoxicated or drugged victim who is too incapacitated to give consent.
15. Sexual Assault (Not Involving Rape or Sexual Offense). • An assault of a sexual nature. An unauthorized and unwanted, intentional, or forcible touching of a sex organ of a person of the opposite sex. Sex organs are the breasts of females and genital areas of males and females. This category includes forcibly and intentionally grabbing the clothed or unclothed breast or genitals of a person of the opposite sex, without the consent of the victim. Report attempted rape and attempted sexual offense under this category. The difference between Sexual Assault and Sexual Offense is that Sexual Assault involves forcible and intentional touching without penetration of a sex organ, and Sexual Offense involves penetration of a sex organ or anus by any object, or touching another’s mouth or anus by the male sex organ.
16. Sexual Offense. • Sexual Offense may be forcible or statutory. Forcible Sexual Offense is actual oral-genital contact, or penile-anal penetration, or insertion of any object, including a finger, into the genital or anal opening of another person’s body, committed by force and without the consent of the victim. Statutory Sexual Offense is any of the above acts committed on a child under the age of 16 by a person who is at least 12 years old and at least 4 years older than the victim, regardless of whether the victim consented. Statutory Sexual Offense is also any of the above acts committed on a person who is mentally handicapped or incapacitated or physically helpless, regardless of whether the victim consented. The difference between Rape and Sexual Offense is that Rape involves vaginal intercourse only, and Sexual Offense involves oral-genital contact, penile-anal penetration, or genital or anal penetration by any object.
17. Taking Indecent Liberties With A Minor. • Committing a sexual act with or in the presence of a child under the age of 16 years, by a person at least age 16 and at least five years older than the child, for sexual gratification, regardless of whether force was used, or whether the victim consented. Examples of acts to be reported under this category are intentional exposure of genitals in front of a child; showing a child pornography, secretly or in the child’s presence; or photographing girls changing clothes or using toilets, if these acts are done for sexual gratification.
Scenarios Involving Possible Sexual Crimes: Which Offense to Report? 1. Rumors of a relationship between 23 -year old math teacher Mr. Stevens and Jennifer, a 15 -year-old sophomore, had circulated through the high school for weeks. In October, Jennifer reported the affair to the principal and said that the two had intercourse in Mr. Steven’s classroom after school on one occasion. A. B. C. D. Rape Taking indecent liberties with a minor A lesser offense. No offense.
Scenarios Involving Possible Sexual Crimes: Which Offense to Report? 1. Rumors of a relationship between 23 -year old math teacher Mr. Stevens and Jennifer, a 15 -year-old sophomore, had circulated through the high school for weeks. In October, Jennifer reported the affair to the principal and said that the two had intercourse in Mr. Steven’s classroom after school on one occasion. A. Rape (Statutory)
Scenarios Involving Possible Sexual Crimes: Which Offense to Report? 2. Carol, an 8 th-grader, reported to the bus driver that Johnny, a 7 th-grader had held her down and grabbed her breasts on the bus. After the bus driver reported the incident, the principal interviewed several students who confirmed Carol’s story. A. B. C. D. E. Rape Sexual assault Sexual offense Taking indecent liberties with a minor A lesser offense
Scenarios Involving Possible Sexual Crimes: Which Offense to Report? 2. Carol, an 8 th-grader, reported to the bus driver that Johnny, a 7 th-grader had held her down and grabbed her breasts on the bus. After the bus driver reported the incident, the principal interviewed several students who confirmed Carol’s story. B. Sexual assault
Scenarios Involving Possible Sexual Crimes: Which Offense to Report? 3. Mrs. James, a Physical Education teacher, surprised 18 -year-old James with Mary, his 15 -year-old girlfriend in the locker room after school. Mrs. James reported to the principal that they were “practically naked. ” James and Mary both admitted to the principal that they had sex in the locker room. A. B. C. D. E. Rape Sexual assault Sexual offense Taking indecent liberties with a minor A lesser offense
Scenarios Involving Possible Sexual Crimes: Which Offense to Report? 3. Mrs. James, a Physical Education teacher, surprised 18 -year-old James with Mary, his 15 -year-old girlfriend in the locker room after school. Mrs. James reported to the principal that they were “practically naked. ” James and Mary both admitted to the principal that they had sex in the locker room. E. A lesser offense: Mutual sexual contact between two students.
Scenarios Involving Possible Sexual Crimes: Which Offense to Report? 4. 6 th grader Jill came to the middle school principal’s office complaining about Mr. Jones, the janitor. She said that Mr. Jones was showing her friends pictures from a Penthouse magazine. Jill said her friends thought it was funny, but she didn’t think it was right. • • • Sexual assault Sexual offense Taking indecent liberties with a minor A lesser offense No offense
Scenarios Involving Possible Sexual Crimes: Which Offense to Report? 4. 6 th grader Jill came to the middle school principal’s office complaining about Mr. Jones, the janitor. She said that Mr. Jones was showing her friends pictures from a Penthouse magazine. Jill said her friends thought it was funny, but she didn’t think it was right. C. Taking indecent liberties with a minor
Crimes of a Sexual Nature Key Factors in Reporting 1. Rape and Sexual Offense may be forcible or statutory. 2. Forcible includes consensual sex with an intoxicated or drugged victim who is too incapacitated to give consent. 3. Statutory offense is when younger participant is under 16 and older participant is at least four years older. 4. Sexual Assault involves touching (clothed or unclothed) sex organs, whereas Sexual Offense involves penetration. 5. Currently, Sexual Assault only involves victims of the opposite sex. 6. Sex organs are the breasts of females and genital areas of males and females. 7. Taking Indecent Liberties with a Minor covers a broad ranges of acts done for sexual gratification if the victim is under 16 and at least five years younger than the perpetrator.
13. Robbery With a Dangerous Weapon (Armed Robbery). • Theft or attempted theft of anything of value from the person of another, or from the area under the immediate bodily control of the other, by using a dangerous weapon or by an act threatening use of a dangerous weapon. A dangerous weapon is any article, instrument or substance that is likely to produce death or great bodily harm. Forcible theft or attempted theft from a person without the use of a dangerous weapon should be reported under Robbery Without a Dangerous Weapon.
14. Robbery Without a Dangerous Weapon. • The taking or attempting to take anything of value from another’s person, by force, or by an act threatening force or violence, which puts a victim in fear, without the use of a weapon. The stealing of someone’s property without the use of force or from a source other than the victim’s person is not included in this offense. If the taking from the person involves use of a dangerous weapon the incident is reported under Robbery With a Dangerous Weapon.
Scenarios Involving Theft and Robbery Which Offense to Report? 1. A 9 th grader reported that he was robbed by another student who broke a bottle and threatened him with the broken edge. The student gave the robber $22 and a cell phone. Based on a description of the robber the SRO made an arrest and recovered the cell phone. A. B. C. D. Robbery With a Dangerous Weapon Robbery Without a Dangerous Weapon. Theft No offense
Scenarios Involving Theft and Robbery Which Offense to Report? 1. A 9 th grader reported that he was robbed by another student who broke a bottle and threatened him with the broken edge. The student gave the robber $22 and cell phone. Based on a description of the robber the SRO made an arrest and recovered the cell phone. A. Robbery With a Dangerous Weapon
Scenarios Involving Theft and Robbery Which Offense to Report? 2. Two 10 th-graders confronted Terry, a smaller 9 th-grade boy, walking to school. The robbers threatened Terry with a beating unless he gave them all his money. Terry complied, giving them all $7. 42 that he had. The robbers left without laying a hand on Terry. A. B. C. D. Robbery With a Dangerous Weapon Robbery Without a Dangerous Weapon. Theft No offense
Scenarios Involving Theft and Robbery Which Offense to Report? 2. Two 10 th-graders confronted Terry, a smaller 9 th-grade boy, walking to school. The robbers threatened Terry with a beating unless he gave them all his money. Terry complied, giving them all $7. 42 that he had. The robbers left without laying a hand on Terry. D. No offense (Because it didn’t happen on campus, this incident is not required to be reported to the state. Local Education Agencies may have their own policies regarding if and when principals should get involved with incidents occurring off campus. )
Theft and Robbery Key Factors in Reporting 1. Robbery is distinguished from theft in that it is stealing “from the person of another, or from the area under the immediate bodily control of the other. ” 2. Robbery With a Dangerous Weapon involves either the use of a dangerous weapon or threatening the use of the weapon. 3. As with reporting Assault Involving Use of a Weapon a) almost anything can be a weapon if it could cause “great bodily harm” and b) the weapon only has to be displayed in a threatening manner. 4. Robbery Without a Dangerous Weapon is stealing “by force, or by an act threatening force or violence, ” but without using a weapon.
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