JFCM - Threats of Violence**
Code: JFCM
Readopted: 5/22/23, 5/14/18
Adopted: 6/22/09
Orig. Code(s): JFCM
The Board is committed to promoting healthy relationships and a safe learning environment. To this end, student threats of harm to self or others, threatening behavior or acts of violence, including threats to severely damage district property, shall not be tolerated on district property or at activities under the jurisdiction of the district.
Students shall be instructed of the responsibility to inform a teacher, counselor or administrator regarding any information or knowledge relevant to conduct prohibited by this policy. Parents and others will be encouraged to report such information to the district. Staff shall immediately notify an administrator of any threat, threatening behavior or act of violence the staff member has knowledge of, has witnessed or received. All reports will be promptly investigated.
Students found in violation of this policy shall be subject to discipline up to and including expulsion. The building principal shall notify the parent or guardian of any student in violation of this policy and the disciplinary action imposed. A referral to law enforcement shall be made for any infraction involving a student bringing, possessing, concealing or using a weapon or destructive device as prohibited by state and federal law and Board policy.
The building principal shall, in determining appropriate disciplinary action, consider:
1. Immediately removing from the classroom setting any student who has threatened to injure another person or to severely damage district property;
2. Placing the student in a setting where the behavior will receive immediate attention from a building administrator, counselor, licensed mental health professional or others;
3. Requiring the student to be evaluated by a licensed mental health professional before allowing the student to return to the classroom setting.
The district may enter into contracts with licensed mental health professionals to perform student evaluations. Funds for evaluations, other disciplinary options or other procedures as may be required by law and this policy shall be provided by the district.
The building principal shall attempt to notify:
1. The parent or guardian of a student when the student’s name appears on a targeted list at school that threatens violence or harm to the students on the list or when threats of violence or harm to the student are made by another student at school;
2. Any district employee whose name appears on a targeted list at school threatening violence or harm to the district employee and when threats of violence or harm are made by a student or others at school.
Notification to the above shall be attempted by telephone or in person promptly and within 12 hours of discovery of a targeted list or learning of a threat. Regardless, a written follow-up notification shall be sent within 24 hours of discovery of a targeted list or learning of a threat.
The building principal will provide necessary information regarding threats of violence to law enforcement, child protective services and health-care professionals in connection with a health and safety emergency if knowledge of the information is necessary to protect the health and safety of the student or other individuals. Additionally, the principal may provide such information to other school officials, including teachers, within the district or other districts who have a legitimate educational interest in the student(s) consistent with state and federal education records laws and district policies.
The district and any person participating in good faith in making the notification required by ORS 339.327 is immune from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making or content of the notification.
END OF POLICY
Legal Reference(s):
ORS 161.015
ORS 166.210 to -166.370
ORS 332.107
ORS 339.115
ORS 339.240
ORS 339.250
ORS 339.327
OAR 581-021-0050 to -0075
OAR 581-053-0010(5)
OAR 581-053-0230(9)(k)
OAR 581-053-0330(1)(r)
OAR 581-053-0430(17)
OAR 581-053-0531(16)
OAR 581-053-0630
Gun-Free School Zones Act of 1990, 18 U.S.C. §§ 921(a)(25)-(26), 922(q) (2018).
Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1419 (2018).
Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (2018); Family Educational Rights and Privacy, 34 C.F.R. Part 99 (2019).
Cross Reference(s):
GBNA - Hazing/Harassment/Intimidation/Bullying/Menacing/Cyberbullying – Staff
JFCF - Harassment, Intimidation, Menacing, Bullying, Cyberbullying, Teen Dating Violence and Domestic Violence – Student
JFCJ - Weapons in the Schools