Hickory Public Schools policy on suspensions, weapons

The Hickory school district classifies suspensions of more than 10 days as long-term suspensions.

To implement a long-term suspension, the principal must submit a recommendation to the superintendent. The suspension goes into effect if the superintendent imposes it following a hearing.

Long-term suspensions are allowable when a student “willfully engages in a serious violation of the Code of Student Conduct and the violation either threatens the safety of students, staff or school visitors, or threatens to substantially disrupt the educational environment,” according to the district’s policy.

Principals may recommend long-term suspensions in cases of minor violations provided there are aggravating factors involved.

Ann Stalnaker recommended that Austin Tummelson be suspended for 365 days.

The district’s policy states, “The superintendent may impose a 365-day suspension only for certain firearm and destructive device violations.”

The factors Stalnaker was required to consider when recommending Tummelson’s year-long suspension included:

• His age
• His ability to form the intent to cause the harm that could have occurred
• Evidence of his intent when engaging in his conduct
• His dangerousness as determined by his previous disciplinary and criminal record
• Whether he had the ability to inflict serious injury or death with the weapons found in the SUV
• Whether he injured or killed anyone
• Whether he threatened anyone or extorted property
• Whether anyone was harmed emotionally or psychologically
• Whether any property was damaged
• Whether any students or employees were aware of the weapon or dangerous behavior on Tummelson’s behalf

“The principal also must consider and make recommendation as to whether any alternative education services, counseling or other programs should be part of the consequence,” according to the district’s policy.

The principal must also provide written notice to the student’s parent. The notice must include the process by which the recommendation can by contested and the deadline for doing so.

The student or parent may request to be heard before the superintendent during the disciplinary hearing. If they wish to be heard, they must file their request within three days of receiving the principal’s notice.

Based on the evidence presented, the superintendent will decide whether to “uphold, modify or reject the principal’s recommendation” at the hearing.

Following the decision, the superintendent must send the student and parent notice outlining the decision, the reasons for it and the procedures for appeal.

“The superintendent shall offer alternative education services to any student who receives a long-term or 356-day suspension unless the superintendent provides a significant or important reason for declining to offer such services,” according to the district’s policy.

The policy concludes by stating, “Though the board believes that suspension or suspension may be an appropriate and necessary consequence in certain situations, the board also recognizes that excessive use of suspension and expulsion may have a negative impact on academic achievement and graduation rates. Thus, the board encourages school administrators to find ways to reduce suspension and expulsion rates in schools.”

Weapons:

The Hickory School Board’s policies on weapons and long-term suspensions are spelled out in a pair of written policy memos.

The weapons policy states: “The Hickory Public Schools Board of Education will not tolerate weapons or destructive devices, bomb or terrorist threats, or actions that constitute a clear threat to the safety of students or employees. Any student violating this policy will be removed from the classroom or school environment for as long as necessary to ensure a safe and orderly environment for learning.” The board’s written policy was last revised July 25.

The board’s list of weapons:

• Knives, including pocketknives, bowie knives, switchblades, dirks or daggers
• Loaded canes
• Loaded or unloaded firearms
• Explosives
• Slingshots
• Blackjacks
• Metal knuckles
• BB guns
• Air rifles
• Stun guns and Tasers
• Ice picks
• Razors or razor blades
• Fireworks
• Box cutters or utility blades
• Blowguns
• “Any sharp, pointed or edged instrument except unaltered nail files and clips and tools used solely for the preparation of food, instruction and maintenance.”

The policy lists 14 behaviors that constitute “a clear threat to the safety of other students or employees.” One of the behaviors listed is “The possession of a weapon on any school property, including in a vehicle, with the intent to use or transmit for another’s use or possession in a reckless manner so that harm is reasonably foreseeable.”

The consequence listed for students who bring or possess a firearm or a destructive device on school property is a 365-day suspension. The policy states the superintendent is not to impose the 365-day suspension if the student “had no intent to use the firearm or destructive device in a harmful or threatening way.”