4056 Possession of Dangerous Weapons
A. In order to provide a safe environment for the employees and students of the Union Public School District, the Board of Education adopts this policy prohibiting the possession of dangerous weapons, replicas or facsimiles of dangerous weapons and items or instrumentalities which are used to threaten harm or are used to harm any person.
B. Dangerous weapons, including but not limited to firearms, are a threat to the safety of the students and staff of the district. In addition, possession of dangerous weapons, or replicas or facsimiles of dangerous weapons, disrupts the educational process and interferes with the normal operation of the district.
C. For the foregoing reasons and except as specifically provided in paragraphs G and M below, possession of a dangerous weapon (concealed or not concealed), as defined in this policy, or a replica or facsimile thereof, by any employee, student, patron, activity sponsor or other third-party visitor on district property or at a district- sponsored activity, or on a school bus or vehicle is prohibited, except that individuals with a valid handgun license pursuant to the Oklahoma Self Defense Act may possess a handgun in the school parking lot, but
that weapon must be stored and hidden from view in a locked motor vehicle when the motor vehicle is left unattended on school property. Further, use of any item or instrumentality by a student, employee, patron, activity sponsor or other third-party visitor to threaten harm to any person or which is used to harm any person, while on school property, at a school-sponsored activity or on a school bus or vehicle, is prohibited.
D. For purposes of this policy, “possession of a dangerous weapon” includes, but is not limited to, any person having a dangerous weapon:
1. On his/her person.
2. In his/her locker, desk, file drawer, briefcase, purse, luggage, backpack, bag or other container owned by or used by the individual.
3. In his/her vehicle.
4. Held by another person for his/her benefit.
5. At any place on district property, a school bus or vehicle or at a district-sponsored activity with such person’s knowledge of the weapon’s locations.
E. A dangerous weapon includes, but is not limited to, a pistol, revolver, rifle, shotgun, air gun or spring gun,
B-B gun, stun gun, taser, hand grenades, fireworks, slingshot, bludgeon, blackjack, brass knuckles or artificial knuckles of any kind, nunchucks, dagger, bowie knife, dirk knife, butterfly knife, any knife the blade of which can be opened by a flick of a button or pressure on the handle, pocketknife (except as specifically provided
in paragraph F below), pen knife, “credit card” knife, razor, dart, ice pick, explosive smoke bomb, any other explosive device, incendiary device, sword cane, hand chains, firearm shells or bullets, garrotes, choking devices, mace, pepper spray, and any item whose principal purpose is for use as a weapon, whether offensive or defensive, and any replica or facsimile of any of the foregoing items, or any item or instrumentality which is used to threaten harm or is used to harm any person or any chemical, material or substance which can cause an irritation to or reacts with human tissue, or any chemical material or substance used, given, applied to or administered to another person without that person’s consent. THE FOREGOING LIST OF “DANGEROUS WEAPONS” IS DESCRIPTIVE AND BY WAY OF EXAMPLE ONLY AND IS NOT TO BE CONSIDERED AN EXCLUSIVE OR LIMITING LIST OF DANGEROUS WEAPONS. IT WILL NOT BE A DEFENSE TO ANY DISCIPLINARY ACTION UNDER THIS POLICY THAT THE STUDENT OR EMPLOYEE POSSESSING THE DANGEROUS WEAPON DID NOT KNOW THAT IT IS A DANGEROUS WEAPON, BUT SUCH CLAIM OF A LACK OF KNOWLEDGE MAY BE CONSIDERED IN MITIGATION OF ANY DISCIPLINARY PENALTY.
F. Any employee, other than an authorized security guard, in possession of a dangerous weapon, or replica or facsimile of a dangerous weapon, in violation of this policy or who uses any item or instrumentality to threaten harm to any person or is used to harm any person may, pursuant to applicable Board policy, be placed under immediate suspension from duties pending an investigation of the incident by the appropriate school or legal authorities and may be dismissed or subjected to other disciplinary action as deemed appropriate by the Superintendent or Board of Education and may be prosecuted for any illegal acts committed in violation of this policy. In addition, district employees who willfully or negligently fail to enforce this policy are subject to disciplinary action which may include dismissal. Any disciplinary action for any employee, including
dismissal, will be in accordance with any Board policy and any negotiated agreement which is applicable to the employee. Nothing in this policy will prevent an employee of the district from carrying a pocket knife whose blade does not exceed three inches in length unless it is used in an inappropriate manner.
G. This policy does not apply to employees who are authorized security guards or to law enforcement authorities who may be on district property or at district-sponsored functions in official capacity as a law enforcement agent for the city, county, state or federal government.
H. If the person in possession of the dangerous weapon, or a replica or facsimile of a dangerous weapon, is a member of the public, the district response may include barring the person(s) from district property, termination of business relationships with the individual(s) and/or prosecution of the person(s).
I. If a district employee has a reasonable suspicion to believe that a student is in possession of a dangerous weapon, or replica or facsimile of a dangerous weapon, the employee shall immediately investigate the matter, shall confiscate any such weapon found if this can be accomplished without placing any students or staff in jeopardy, and shall immediately notify the principal or designee. If the employee does not believe the weapon can be confiscated safely, the employee shall immediately notify the principal or designee of the situation.
J. If a district employee has a reasonable suspicion to believe that any employee or other person is in possession of a dangerous weapon, or replica or facsimile of a dangerous weapon, in violation of this policy, he/she shall immediately notify his/her supervisor of the situation.
K. If an administrator or designee learns that an employee, student or any other person is believed to be in possession of a dangerous weapon, or replica or facsimile of a dangerous weapon, the administrator or designee shall:
1. Immediately investigate the matter.
2. If not already confiscated by an employee of the district and if it can be accomplished without the risk of injury, the administrator should take possession of the dangerous weapon, replica or facsimile.
3. If the incident involves a firearm, the district must immediately report the discovery of the firearm to a law enforcement authority and deliver any weapon or firearm removed or seized to a law enforcement authority for disposition.
4. Notify the Superintendent or designee.
5. In the case of a student, notify the parents.
6. Cooperate fully with the police.
L. An employee’s inadvertent or unintentional possession of a dangerous weapon or replica or facsimile thereof on district property, a school bus or vehicle or at a district-sponsored activity is no defense or excuse to compliance with this policy, but may be considered in determining the length or severity of any punishment for violation of this policy.
M. An exception to this policy may be granted for individuals in an authorized curricular or extracurricular activity or team involving the use or demonstration of a dangerous weapon, or replica or facsimile of a dangerous weapon. For this exception, written prior approval by the Director of Safety and Security, in consultation with the Superintendent/Associate Superintendent, is required. Students who participate in JROTC and veterans may also be granted an exception to bring an inoperable weapon onto campus for the limited purpose of participating in a school program. The principal must approve this exception in advance, the weapon must remain inoperable at all times while on campus, and the weapon must not be used in a manner which is inconsistent with the permission granted.
N. Notwithstanding any of the foregoing provisions, right of due process for all students and rights of disabled students must be observed in accordance with applicable law and Board policies.
Adopted 12/13/99
Revised 1/16/06
Revised 12/10/07
Revised 12/9/13
Revised 3/9/15
Revised 12/14/15
Revised 12/10/18