Category III-Illegal Conduct Infractions

  • Arson

     The act of willful and malicious burning or attempting to burn any building, part of any   building or any property of the school district.  Any student involved with a school-related arson   will be reported to law enforcement officials.

    Assault

    Threatening or doing physical harm to any person, student or staff member.  Threatening to bring a weapon to school or threatening to use any weapon against students, district staff members or other persons.  Serious cases of assault will be reported to law enforcement officials.

    Battery

    The act of physically touching another person with the intent to do injury.  This includes any physical attack on a student or staff member.  Serious cases of battery will be reported to law enforcement officials.

    Bomb threats or false fire alarms

    Making a report of a fire or bomb when neither exists.  Any student making a bomb threat or a false fire alarm will be reported to law enforcement officials.

    Criminal Sexual Conduct (CSC)

    CSC is sexual contact or sexual penetration with another person. It is defined by Michigan law under Michigan Act 328 of 1931. CSC includes but is not limited to the

    following: 

    (1) the victim is under 16 years old; 

    (2) the person committing the act is 5 or more years older than the victim;

    (3) the victim is incapacitated, mentally incapable, or physically helpless; 

    (4) force or threats are made;

    (5) a weapon is used; and/or 

    (6) the person committing the act is in a position of authority.

    CSC will be reported to law enforcement officials. 

    Acts of inappropriate sexual conduct or displays of affection, such as kissing or long embraces of a personal nature, are not permitted.  This may include acts of “sexting.”

    Subject to mitigating factors in section 1310d of the Michigan Revised School Code, if a pupil pleads to, is convicted of, or is adjudicated for criminal sexual conduct against another pupil enrolled in the same school district, the school board, or the designee of the school board on behalf of the school board, shall expel the pupil from the school district permanently.

    Cyber crimes

                Any crime committed with the use of a computer, computer network, cell phone, or

                other electronic device that may involve stalking, threatening, possession or making of 

     child sexual materials, or pornography.

    Explosives or fireworks

    Possession, use, sale or distribution of explosives, fireworks, smoke bombs or other substances that create disorder. In certain cases regarding the possession/use of explosives, law enforcement officials will be contacted.

     Extortion

    Forcing a person to give up money or anything of value as the result of threats, intimidation or force.  Any student who extorts money or valuable property from another person will be reported to law enforcement officials.

    Failure to stop fighting 

    Failure to stop fighting at the direction of school personnel.

    Illegal substances

    Possession, possession with intent to sell, transfer, furnish or deliver, attempt or imply to furnish or deliver, sell, use or appear under the influence of illegal substances, alcoholic beverages, narcotics, hallucinogens, amphetamines, barbiturates, marijuana, marijuana products, controlled substances, designer drugs or mood/behavior-altering chemicals or drugs during times when students are subject to authority of the school. Any use or possession of illegal substances will be reported to law enforcement officials.

    Inappropriate or illegal use of over-the-counter or prescription medication is also prohibited.

    Impeding investigation

    Failure to comply with staff conducting an investigation of any code of conduct infraction with the intent to conceal evidence, obstruct or provide false information to authorities.

    Inciting others to break the law or commit a violent act

    Provoking another student to break any school rule listed in Category III.

    Possession of a non-school related object which has the potential to be utilized as a weapon

    There are many objects that carry significant potential for use as a weapon.  Examples of such objects are razors, razor knives, box cutters, mace and pepper gas.  Although these objects are not illegal per se, they are considered dangerous, and, therefore, they do not belong in any school setting except as authorized as part of an instructional program.

    Riot

    It is unlawful and constitutes the crime of riot for five or more persons, acting in concert, to wrongfully engage in violent conduct and, thereby, intentionally or ruthlessly cause or create a serious risk of causing public terror or alarm.

    Stalking

     Engaging in behavior that includes at least two separate intentional acts that involve  

     repeated or continued harassment of a victim and result in contact that is unwelcomed by the victim and causes the victim to feel harassed, intimidated, or frightened.  This could be unwanted mail, e-mail, phone calls, confrontation, objects, or social media.

    Theft or possession of stolen property (Larceny)

    Taking the property of the school or another person without permission, or possession of property known to be stolen.  Law enforcement officials will be contacted in theft cases involving property valued at $200 or more.

     Using an object as a weapon

    Using an object, such as a pencil, a chair, scissors, chains, etc., as a weapon while attempting or inflicting bodily harm.

     
    Vandalism

    Intentionally damaging school property or property belonging to students, district staff members or other persons. In addition to application of the appropriate disciplinary action, parents/guardians of students who violate this standard will be responsible to pay for or replace damaged or lost property.  Law enforcement officials will be contacted in vandalism cases involving property valued at $200 or more.

     
    Violating the state riot act
    The act of participation in or contributing to a riot situation.  Persons participating in a riot situation will be reported to law enforcement officials.

    Weapon 

    Possession, use, sale or distribution of a weapon or firearm. Any possession, use, sale or distribution of a weapon or firearm will be reported to law enforcement officials.

    The term weapon includes:  firearms, bombs, silencers, knives with blades over three (3) inches, double-edged non-folding stabbing instruments, a switchblade, brass knuckles, a blackjack, slingshot, billy club, bludgeon, metallic knuckles, sand club, sand bag, a taser or stun gun, or any other article carried or possessed for use as a weapon such as a tire iron, or baseball bat carried for purposes of assault or defense. The term “firearm” means (a) any weapon (including a starter gun) that will, or is designed to, or may readily be converted to expel a projectile by the action of an explosive; (b) the frame or receiver of any such weapon; (c) any firearm muffler or firearm silencer; or (d) any destructive device.

    Students who are excluded or expelled are to remain off all school properties and are ineligible to attend any school activities until reinstated.

    Any other offenses not specifically listed, which are similar to the above violations, may be subject to classification as Category III Infractions by school authorities.