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6425
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Physical
Aggression/ Fighting or Assault
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6425
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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. For the purposes of this policy “serious
physical injury” shall refer to any significant or aggravated bodily
injury, including but not limited to broken bone(s), loss or chipping of
teeth, loss or impairment of vision, loss of consciousness, internal
injuries, scarring or other disfigurement, significant bleeding,
lacerations resulting in sutures, significant bruising, severe or prolonged
pain, any injury requiring hospitalization for any period of time, and/or
any injury resulting in medical treatment beyond simple first aid
procedures.
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6425.1
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Physical Aggression/Fighting – No student shall engage in fighting
or physical
aggression towards others, including but not limited to:
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A.
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Choking,
hitting, slapping, shoving, scratching, spitting,
biting, blocking the
passage of, or throwing
objects at another person in an aggressive, confrontational or dangerous manner.
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B.
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Taking
any action or making comments or writing messages that might reasonably be
expected to result in a fight or physical aggression.
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A
violation of this section that does not involve serious physical injury as defined
above may result in a short-term suspension. Repeated violations may result in a
long-term suspension as provided in policy 6400.
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6425.2
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cause
serious physical injury to any student,
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attempt to cause serious physical injury to any student,
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or intentionally behave in such a manner that could
reasonably cause serious physical injury to any student.
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A.
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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.
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B.
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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.
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C.
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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.
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D.
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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.
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E.
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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.
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6425.3
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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.
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A.
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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.
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B.
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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.
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C.
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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.
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D.
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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.
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E.
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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.
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F.
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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.
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G.
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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.
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6425.4
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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.
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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: March 30, 2004
Revised: March 6, 2007
Revised: March 18, 2008
Revised: March 17, 2009
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