Rule 4: Abuse, Threats, Intimidation, Assault. or Battery on a School Employee
SECTION A:
A student shall not make oral or written communication, create a document, or make a symbolic gesture or contact of a threatening, undermining, or provoking nature to or about a school employee or in the presence of a school employee. This includes, but is not limited to, disrespectful conduct, insult, use of profanity, ethnic, racial, sexual, disability, or religious slur, or harassment and includes the development of a “hit list,” “people to kill,” “people to shoot,” or a statement about bringing a weapon to school and injuring people.
The prohibited behaviors below include, but are not limited to, the following:
Student Infractions and Behavioral Responses
SRO Notification: Rules marked with an “X” require the local school administrator to notify the SRO. If a rule is marked with “XX,” the SRO will notify the District Attorney’s office.
Rule 4
|
Description of Violation
|
Level
|
Notify SRO
|
---|---|---|---|
4AA |
Oral threat/verbal assault (oral speech that creates, or is intended to create, a fear of physical harm) |
III, IV or V |
|
4AB |
Written threat; |
III, IV or V |
|
4AC |
Rude and/or disrespectful conduct including but not limited to symbolic gestures and insults; |
III, IV or V |
|
4AE |
Cyberbullying. Bullying (as defined by state law and in Rule 5) through any electronic communication, whether or not such electronic act originated on school property, off school property, with school equipment, or with non-school equipment, that: (1) is directed specifically at school personnel; (2) is maliciously intended for the purpose of threatening the safety of those specified or substantially disrupting the orderly operation of the school; and (3) creates a reasonable fear of harm to the school personnel(s)' person or property or has a high likelihood of succeeding in that purpose. |
III, IV or V |
|
4AF |
Use of profanity; |
III
|
|
4AG |
Ethnic, racial, sexual, religious, or disability slur; |
III
|
|
4AL |
Harassment - Repeated words (verbal or written), conduct, or action that annoys, alarms, or causes distress and serves no legitimate purpose; |
IV or V |
|
4AM |
Any expression (oral, written, or gesture) which has the effect of undermining the authority of the school employee or distracting staff and/or students from the learning environment, including writings of a threatening or provoking nature; |
III
|
|
4AN |
Terroristic threats (threatening to commit any crime of violence, release any hazardous substance, or to burn or damage property with the purpose of terrorizing another, with the purpose of causing the evacuation of a building, with the purpose of causing serious public inconvenience, or in reckless disregard of the risk of causing terror, the evacuation of a building, or serious public inconvenience); |
V |
X |
4AO |
Posturing to inflict physical harm. Any action or gesture directed toward a school employee that places the school employee in reasonable fear of immediate physical harm; |
IV or V |
|
4AZ |
Other: (list) |
I, II or III |
|
SECTION B:
A student shall not cause or attempt to cause physical injury or behave in such a way that could reasonably cause physical injury or make physical contact of a threatening or provoking nature to a school employee.
The prohibited behaviors include, but are not limited to, the following:
Rule 4
|
Description of Violation
|
Level |
Notify SRO
|
---|---|---|---|
4BB |
Behavior that unintentionally caused physical injury to employee; |
III
|
|
4BC |
Intentional physical contact of an insulting or provoking nature to employee; |
V |
X |
4BD |
Aggravated battery (maliciously causing bodily harm to another by depriving them of a member of their body, or by rendering a member of their body useless, or by seriously disfiguring their body or a member thereof); [Rule may only be charged with consultation of Office of Student Discipline]
|
V |
XX |
4BE |
Homicide/murder; [Rule may only be charged w/consultation of Office of Student Discipline]
|
V |
XX |
4BF |
Kidnapping (seizure, transportation, and/or detention of a person against their will); [Rule may only be charged with consultation of Office of Student Discipline]
|
V |
XX |
4BG |
Voluntary manslaughter; [Rule may only be charged with consultation of Office of Student Discipline]
|
V |
XX |
4BH |
Enter without permission the private property of a school employee and/or deface/damage/vandalize such property; |
III, IV or V |
|
4BI |
Intentional physical contact that caused physical harm to an employee; |
V |
XX |
4BK |
Violence against a teacher or teachers; |
IV or V |
X |
4BZ |
Other: (list) |
I, II or III |
|
Rules 4BA-4BZ also apply off school grounds when the misconduct by the alleged perpetrator is because of the school employee’s performance of their official duties.
Intentional Physical Contact with a Teacher, Bus Driver, or Other School Employee
Any student who intentionally makes physical contact of a threatening or provoking nature with a teacher, bus driver, school official, or other school employee shall be suspended and brought to a disciplinary tribunal.
The minimum penalty for a student found in violation of Rule 4BC shall be suspension from public school until the end of the school year. Any tribunal finding a student in violation of Rule 4BC may impose a more severe penalty in its discretion. This minimum penalty shall not be applied in conflict with federal law.
Any student found in violation of Rule 4BI shall be expelled from the public school system for the remainder of their eligibility to attend public school. The following exceptions apply: (1) The Board of Education, in its discretion may allow a student found in violation of Rule 4BI to attend the alternative school, (2) The Board of Education, in its discretion and upon the recommendation of the disciplinary tribunal, may allow a student in grades 6-8 to return to the public school system for grades 9-12, (3) The Board of Education, in its discretion, may allow a student in grades K-5 to return to the public school system, (4) Permanent expulsion will not be imposed where this penalty would infringe any right created under federal law, and (5) Permanent expulsion will not be imposed where the student acts in defense as provided in O.C.G.A. § 16-3-21. See O.C.G.A. § 20-2-751.6; § 20-2-751.4.