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					       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 115C-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

115C-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 115C-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. 115C-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. 115C-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                                 Offenses

Possession of          Alcohol possession; Use of alcoholic beverages
Alcoholic Beverage

Possession of        Use of narcotics; Use of controlled substances; Possession of
Controlled Substance controlled substance in violation of law – cocaine; Possession of
in Violation of Law  controlled substance in violation of law – marijuana; Possession of
                     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; force-
  impacting 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.   Assault Resulting in Serious Injury.
B.   Assault Involving Use of a Weapon.
C.   Assault on School Personnel.
D.   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 9th grade student
     strikes a janitor in the shin with a metal bar, causing a
     bad bruise.

A.   Assault Resulting in Serious Injury.
B.   Assault Involving Use of a Weapon.
C.   Assault on School Personnel.
D.   A lesser offense.
               Assault Scenarios:
             Which Offense to Report?
2.   After an exchange of words, a 9th 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.   Assault Resulting in Serious Injury.
B.   Assault Involving Use of a Weapon.
C.   Assault on School Personnel.
D.   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.   Assault Involving Use of a Weapon.
B.   Assault on School Personnel.
C.   A lesser offense.
D.   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.   Assault Involving Use of a Weapon.
B.   Assault on School Personnel.
C.   A lesser offense.
D.   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. 14-69.1 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.   Bomb threat.
B.   A lesser offense.
C.   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.   Bomb Threat.
B.   A lesser offense.
C.   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.   Burning of a School Building.
B.   A lesser offense.
C.   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.   Burning of a School Building.
B.   A lesser offense.
C.   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.   Death By Other Than Natural Causes.
B.   Assault Resulting in Serious Injury.
C.   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.    Death By Other Than Natural Causes.
B.    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 3rd 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.   Kidnapping
B.   A lesser offense.
C.   No offense.
                Kidnapping Scenarios

1. The young son of a 3rd 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.   Kidnapping.
B.   Assault Involving Use of a Weapon.
C.   A lesser offense.
D.   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. 18B-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 school-sponsored events (comparable to
  a misdemeanor violation by G.S. 18B-102 and G.S. 18B-
  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.   One (1) Possession of Alcoholic Beverage
B.   Two (2) Possession of Alcoholic Beverage
C.   Three (3) Possession of Alcoholic Beverage
D.   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 3rd 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.   One (1) Possession of a Controlled Substance
B.   Two (2) Possession of a Controlled Substance
C.   Four (4) Possession of a Controlled Substance
D.   No offense
E.   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.   One (1) Possession of a Controlled Substance
     B.   Two (2) Possession of a Controlled Substance
     C.   Four (4) Possession of a Controlled Substance
     D.   No offense
     E.   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. 115C-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 (b1)), 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.   Possession of a Firearm or Powerful Explosive.
B.   Possession of a Weapon
C.   No offense
D.   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 7th 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.
B.   No offense.
                   Possession of a Firearm
                         Scenarios

2.   Mr. Johnson has arrived at the school office to pick up
     his 7th 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.   Possession of a Weapon
B.   Possession of a Weapon plus Fighting (2)
C.   Possession of a Weapon plus Fighting (2) plus simple Assault
D.   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 4th grade teacher, finds a cap gun in
     Marvin’s backpack.

A.   Possession of a Firearm or Powerful Explosive
B.   Possession of a Weapon
C.   A lesser offense
D.   No offense
                   Possession of a Weapon
                         Scenarios

2.   Mrs. Elkins, a 4th 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.   Rape
B.   Taking indecent liberties with a minor
C.   A lesser offense.
D.   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 8th-grader, reported to the bus driver that
     Johnny, a 7th-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.   Rape
B.   Sexual assault
C.   Sexual offense
D.   Taking indecent liberties with a minor
E.   A lesser offense
     Scenarios Involving Possible Sexual Crimes:
             Which Offense to Report?

2.   Carol, an 8th-grader, reported to the bus driver that
     Johnny, a 7th-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.   Rape
B.   Sexual assault
C.   Sexual offense
D.   Taking indecent liberties with a minor
E.   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.   6th 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.   6th 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 9th 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.   Robbery With a Dangerous Weapon
B.   Robbery Without a Dangerous Weapon.
C.   Theft
D.   No offense
       Scenarios Involving Theft and Robbery
            Which Offense to Report?

1.   A 9th 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 10th-graders confronted Terry, a smaller 9th-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.   Robbery With a Dangerous Weapon
B.   Robbery Without a Dangerous Weapon.
C.   Theft
D.   No offense
       Scenarios Involving Theft and Robbery
            Which Offense to Report?

2.   Two 10th-graders confronted Terry, a smaller 9th-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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