503.08R1 - Regulation for Threats of Violence or Cause Incidents of Violence

Effective student discipline policies serve the needs of the District in maintaining the order of the education environment while safeguarding the education interests of all students.  For this reason, it is crucial to engage many perspectives in crafting sound policies related to discipline. The board, in conjunction with teachers and administrators in the District, have assigned further meaning to concepts listed in this policy.

Incident Levels Defined

Incident levels must escalate, with Level 1 being less severe than Level 3 incidents. However, the District maintains discretion in applying the level of discipline appropriate for an incident. In making this determination, the administration will consider the following definitions of incident levels. Because no definition could encompass all possible threats or incidents, the administration has discretion in determining which level to assign the incident after looking at the nature of the incident as well as the age, grade level, and maturity of the student.

Level 1 Defined

• Disruptive or concerning behavior
• Student shows no sign of distress or low level of distress and disturbance
• Possible threat made or present
• Threat is vague and indirect
• Information about threat or threat itself is inconsistent, implausible, or lacks detail
• Threat lacks realism, or is repeated with variations
• Content of threat suggests student is unlikely to carry it out
• Seriously disruptive incident
• Threat made or present
• Threat is vague and indirect, but may be repeated or shared with multiple reporters

Level 2 Defined

• Student is disturbed or advancing to dysregulation
• Threat made or present
• Threat is vague, but direct, or specific but indirect
• Likely to be repeated or shared with multiple reporters
• Information about threat or threat itself is consistent, plausible or includes increasing detail of a plan (time, place, etc.)
• Threat is accompanied by talk or efforts to obtain weapons or other methods for harm
• Threat is likely to be repeated with consistency (may try to convince listener they are serious)
• Content of threat suggests student may carry it out

Level 3 Defined

• Student is dysregulated (way off baseline) or medically disabled
• Threat made or present
• Threat is concrete (specific or direct)
• Likely to be repeated or shared with multiple reporters
• Information about threat o threat itself is consistent, plausible, or includes specific detail of a plan (time, place, etc.) often with steps already taken
• Threat is accompanied by evidence of efforts to obtain weapons or other methods for harm
• Threat may be repeated with consistency
• Content of threat suggests student will carry it out (reference to weapons, means, target)
• Student may appear detached

Timeframe for Determining Repeated Incidents

The District will consider all incidents occurring within the school year as sufficiently close in proximity between incidents to establish that a repeated incident has occurred. The rationale for establishing this timeframe is safety for students and staff. The administration will have discretion to alter this timeframe when appropriate under the circumstances, depending on the nature of the incident as well as the age, grade level and maturity of the student.

Considerations for Determining the Maturity of the Student

The District believes that gauging the maturity of a student is subject to interpretation and best left to the licensed employees who interact most closely with the student on a regular basis.  Assessing a student’s maturity level is based on individual characteristics unique to each student. Therefore, in making a determination about the maturity of a student, the administration may consult with the student’s classroom teacher and other relevant licensed staff.  The administration will consider the following factors in determining the maturity of the student:
Staff feedback
Age of the student

Considerations for Determining Whether the Off-Campus Threat of Violence or Incident of Violence Will Directly Affect the Good Order, Efficient Management and Welfare of the School District

The District recognizes that students maintain First Amendment rights to free expression both within school and outside. However, free speech protections are not absolute and do not extend to true threats of violence toward an individual or a group of individuals. In considering whether a threat or incident of violence will directly affect the good order, efficient management and welfare of the school district necessitating the need for investigation, the administration will consider, among other things, the following factors:

• The specificity of the threat for time, location or individual(s) targeted
• The reasonable likelihood of the student’s ability to carry out the threat
• The reasonable likelihood that the threat will interfere with the operation of the educational environment

In addition to the notification requirements in policy, the administration will apprise the parents or guardians of any student who suffered violence or a threat of violence, of the rights to file complaints under any other relevant board policies including but not limited to anti-bullying/anti-harassment and Title IX.

 

Legal Reference:     Iowa Code §279.79