Court, School and Law Enforcement Collaborative Task Force: Guidelines for Schools in Contacting Law Enforcement Appendix A

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1 A: Aggravated Assault Alcohol Armed Robbery Arson, of an occupied structure Arson, of a structure or property(not occupied) Assault B: Bomb Threat Bullying Burglary/ Breaking & Entering (2 nd & 3 rd Degree) Burglary (1 st Degree) Call police unless the alcohol was not consumed, shared or sold if your security can handle the situation. There is no legal distinction between possession, consumption, sharing and selling. If there is more than one student involved, then liability concerns lead most schools to make a police report. An online report can be made to document the incident, but not require police to come on site. Many schools also refer to community counseling programs, but some do not have the resources or information to do so. Call unless it causes little or no damage, there are no safety concerns and no intent to cause harm. Defined as unwanted physical contact with injury. This term would not be used for a mutual conflict without injury, but if there is injury, it is a mandated report. Bullying is not a legal term, but can represent a range of offenses. The response should be based on the actual offense. If there was a threat, harassment, intimidation, an assault or the behavior is persistent then administrators should call law enforcement. If a crime was not committed, then do not call law enforcement. Call law enforcement. The definition for burglary does not consider the value of the items; it is about being in a place you are not supposed to be with intent to do something you are not supposed to do. Value and the amount of damage is important but the act of burglary is enough to call. The definition of 1 st degree is that it is burglary committed with a deadly weapon or dangerous instrument. C: 1 P a g e

2 Cheating Chemical or Biological Threat Computer and Telecommunications Device Contraband D: Dangerous Items (Air Soft Gun, BB Gun, Knife with blade less than 2.5 inches, Laser pointer, Letter Opener, Mace, Paintball Gun, Pellet Gun, Taser or Stun Gun) Defiance, Disrespect of Authority, and Non- Compliance Disruption Dress Code Violation Drug Paraphernalia E: Endangerment F: Fighting^ Do not call law enforcement These could be household items that can be mixed together to be explosive. Do not call unless the student commits another violation with a computer or telecommunication device. A computer violation alone would not require law enforcement contact. Be specific and list the violation under the type of contraband it is. If the student has illegal drugs, it should be documented as a drug violation. If an item is against school policy but legal, then law enforcement should not be called. Do not call law enforcement unless the items are used, or there is immediate danger that they will be used. These items are not illegal to possess, but are against school policy. They should be confiscated, and the school should give consequences for possessing them at school, but police should not be contacted. Do not call unless there is a specified clear threat to the safety of students, staff or self. If the situation escalates, the violation should be classified as a higher offense. Call law enforcement if there is residue or if there is paraphernalia that is associated with narcotics. The residue is what makes the paraphernalia illegal to possess. Using the term endangerment implies that it is a significant event that endangers someone s life, e.g. a large rock thrown at a moving car, or a bullet going through a wall. If this term is used, then the violation is significant enough to involve the police. Do not call law enforcement for mutual combat, although it must be reported to ADE. If there was injury, or it was not mutual, use the term assault or aggravated assault depending on who was 2 P a g e

3 Fire Alarm Misuse Firearms Forgery G: Gambling Graffiti or Tagging H: Harassment, Nonsexual Hazing Homicide I: Illicit / Illegal Drugs Indecent Exposure or Public Sexual Indecency Inhalants assaulted, the severity and whether a weapon was used. Do not call unless there are at least $250 in damages, which is classified as vandalism, or if any hate speech or threats are communicated in the tags / graffiti. Schools should document the graffiti with dates and pictures as they occur. This will help law enforcement if the graffiti becomes a larger problem and needs to be reported. Gang affiliation and symbols were purposefully omitted as factors because assumptions can be made about a student and this may contribute to disproportionate minority contact. Do not call law enforcement, unless behavior is persistent. Do not use this term. Classify the violation based on the actual offense. Do not call law enforcement unless it is determined that a crime was committed. Like bullying, hazing can include a wide range of offenses and it is important to base the consequence on the actual violation. Call law enforcement. Even small amounts are illegal for the school administrators to possess or dispose of, and it is a mandated report. Call law enforcement if there is a victim. Consult with appropriate school personnel to assess the situation. Do not call law enforcement unless there is some proof that the student used the inhalant (e.g. caught using, can see paint marks on the nose or other direct signs of use). TPD informed the group that it is not illegal for youth to have possession of inhalants. It is a felony for them to use them. 3 P a g e

4 Inappropriate Language K: Kidnapping L: Leave School Grounds without permission Lying M: Minor Aggressive Act N: Negative Group Affiliation Network Infraction O: Over the Counter Drugs P: Parking Lot Violations Plagiarism Pornography Prescription Drugs Do not call law enforcement unless it is coupled with another violation or there is concern for the student s safety. Do not call law enforcement if the violation fits within this classification. If the situation escalates to assault and there is injury, then call law enforcement. Do not call unless the network was hacked to access sensitive information. Do not call law enforcement for personal use, sharing or selling. These items are not illegal, and the minor cannot be charged with any crime. If there is an emergency then call 911 for emergency assistance. Do not call unless the student is distributing pornographic material, any of the materials contain someone who is known to the student (e.g. another student, a relative, etc), or the pornography is of a minor. Do not call law enforcement for personal use with a current prescription in the student s name. Parents should always be called to inform them of school policy regarding any prescription drugs. 4 P a g e

5 Law enforcement must be called for sharing or selling prescription drugs. This is a mandated report. R: Recklessness Robbery Do not call law enforcement if the violation fits within this classification. If the violation is serious enough to cause physical injury or endanger someone s life, then it should be considered endangerment. Call unless there is a low level of threat and / or force. Low levels of threat or force may be classified as extortion. S: Sexual Abuse/Sexual Conduct with a minor / Child Molestation Sexual Harassment Sexual Harassment with contact Sexual Assault (Rape) Simulated Firearm Substance Represented as an Illicit Drug Do not call unless the behavior is persistent, or the victim feels threatened by the behavior. Call law enforcement if there was intentional contact with the penis, vagina, anus or female breasts. There are exceptions, boys will hit other boys in the groin and girls will sometimes touch each other inappropriately for laughs. Police should be called if there is a victim or witness(es) who clearly saw sexual contact that made someone else feel uncomfortable or violated. Do not call unless they were using it to threaten others, and it cannot be discerned that it is not real. Do not call unless it cannot be determined if the substance is an illicit drug or not. T: Tardy Tear Gas Theft Call law enforcement. It is not available for purchase, so the law enforcement agencies would like to be notified if someone has it. Call unless the value of the items is less than $100. If it is personal property, then the victim needs to make the report, not the school. 5 P a g e

6 Theft, Petty Threat or Intimidation Tobacco Trespassing Truancy U: Unexcused Absence V: Vandalism of Personal Property Vandalism of School Property Verbal Provocation W: Weapons (Billy Club, Brass Knuckles, Knife with blade of at least 2.5 inches, & Nunchakus) Do not call law enforcement unless the value of the items is more than $100. Then it is classified as theft, not petty theft. Call law enforcement if there is intent to harm or behavior is persistent. Do not call law enforcement unless it is a student who was expelled or suspended for a serious violation, if the person has already been warned and will not leave, or if there is a specified, clear threat. Do not call the police because the victim must make the report, not the school. Call unless the damage is under $250. The threshold can be higher if the school or district chooses. However, it cannot be lower; this is based on the criminal damage statute. This is a mandated report, and it needs to be reported. However, there are times that administrators take something like a knife from a student who did not intend to bring it to campus, does not plan to use it, and has reason to be in possession of that type of weapon (for work or recreational purposes). Law Enforcement agencies as well as the County Attorney do suggest considering intent. For these situations, an online report can be completed to document the incident, but it will not trigger police response to the school. The school can then give school based consequences and law enforcement will not come to campus for a situation that was never intended to be dangerous. If there is any doubt about the intent police should be called for police presence. 6 P a g e