6425

Fighting/Physical Aggression or Assault

6425

Fighting and assaults on students and other people are prohibited. A student who is attacked may use reasonable force in self-defense, but only to the extent necessary to get free from the attack and notify proper school authorities. A student who exceeds reasonable force may be disciplined even though someone else provoked the fight.

6425.1

Fighting/Physical Aggression – No student shall engage in fighting or physical aggression towards others, including but not limited to:

A.

Hitting, slapping, shoving, scratching, spitting, biting, blocking the passage of, or throwing objects at another person in an aggressive or confrontational manner. 

B.

Taking any action or making comments or writing messages that might reasonably be expected to result in a fight or physical aggression.

A violation of this section that does not involve serious physical injury as defined in 6425.2 may result in a short-term suspension.  Repeated violations may result in a long-term suspension as provided in policy 6400.

6425.2

Assault on Student- No student shall:

cause serious physical injury to any student,

attempt to cause serious physical injury to any student,

or intentionally behave in such a manner that could reasonably cause serious physical injury to any student.

A.

The first violation of 6425.2 during a school year by a student in grades K-5 shall result in a suspension from school for up to ten (10) days.  A subsequent violation may result in a recommendation for long-term suspension.

B.

The first violation of 6425.2 during a school year by a student in grades 6-12 shall result in long-term suspension from the school system for the remainder of the school year.

C.

A student in grades 6-12, who engages in serious physical aggression with one or more other person(s) toward another person(s), shall receive a long-term suspension for the remainder of the school year.

D.

Any student who is at least 13 years old and who physically assaults and seriously injures another student on school property or at a school-related activity on or off school property shall receive a long-term suspension for the remainder of the school year or may be removed to an alternative educational setting or long-term suspended for up to 365 days.

E.

Any student who is at least 13 years old and who physically assaults another student on school  property or at a school- related activity on or off school property shall receive a long-term suspension for the remainder of the school year or may be removed to an alternative educational setting or long-term suspended for up to 365 days if the assault is witnessed by school personnel.

6425.3

Assault on a School Employee or Other Adult – No student shall assault or attempt to cause physical injury or behave in such a manner that could reasonably cause physical injury to any school employee or other adult.

A.

The first violation of 6425.3 by a student in grades 6-12 shall result in removal to an alternative educational setting or long-term suspension from the school system for the remainder of the school year.

B.

Any student who is at least 13 years old and who physically assaults and seriously injures a teacher or other school personnel on school property or at a school-related activity shall be removed to an alternative educational setting. If an appropriate alternative educational setting is not available, the student shall be suspended for not less than 300 days but not more than 365 days. The board may shorten or lengthen the time a student remains in an alternative educational setting if the board finds this would be more appropriate based upon the recommendations of the principals of the alternative school and the school to which the student will return.

C.

Any student who is at least 13 years old and who physically assaults a teacher or other adult on school property or at a school-related activity may be removed to an alternative educational setting.  If an appropriate alternative educational setting is not available, the student may be suspended for up to 365 days.  The board may shorten or lengthen the time a student remains in an alternative educational setting if the board finds this would be more appropriate based upon the recommendations of the principals of the alternative school and the school to which the student will return.

D.

If a student who is at least 13 years old physically assaults and seriously injures a teacher or other school personnel on school property and as a result the student is suspended or removed to an  alternative educational setting, the student may not be returned to the teacher’s classroom unless the teacher consents.

E.

Conduct occurring on or before the 90th school day:

If the board removes the student to an alternative educational setting as a result of conduct described in 6425.3A and the conduct occurred on or before the 90th school day, the student shall be removed to that setting for the remainder of the school year and the first 90 school days in the following year.

F.

Conduct occurring after the 90th school day:

If the board removes the student to an alternative educational setting as a result of conduct described in 6425.3A, occurring after the 90th school day, the student shall be removed to that setting for the remainder of the school year and for the entire subsequent school year.

G.

Notwithstanding the above provisions, the board may authorize a shorter or longer length of time a student must remain in an alternative educational setting if the board finds this would be more appropriate based upon the recommendations of the principals of the alternative school and the  school to which the student will return.

6425.4

Assault Involving a Weapon/Dangerous Instrument/Substances - Any violation of Policy 6425 by a student in grades 6-12 which involves the use of a weapon, dangerous instrument, or substances as pursuant to Policy 6427 shall result in at least a long-term suspension and may result in suspension for 365 days or expulsion where permitted by law.

Legal Reference: G.S. 115C-391, G.S.14-269.2, G.S.14-288.4, and G.S. 14-33(b)

 Adopted: May 4, 1981

 Revised: July 8, 1987

 Revised: May 20, 1991

 Revised: November 15, 1993

 Revised: July 25, 1995

 Revised: November 8, 1995

 Revised: May 17, 1999

 Revised: May 8, 2000

 Revised: May 30, 2001

 Revised: May 21, 2002

 Revised: May 6, 2003

 Revised: March 30, 2004

 Revised: March 6, 2007

 Revised: March 18, 2008 (Effective July 1, 2008)