5055 Possession of Dangerous Weapons
A. In order to provide a safe environment for the students and staff 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 F and P below, possession of a dangerous weapon (concealed or not concealed), as defined in this policy, or a replica or facsimile thereof, by any student, employee, patron, activity sponsor, or other third-party visitor on district property, 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 district property, at a district-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 location.
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 grenade, 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, any pocketknife with a blade of 2 1/2 inches in length or more, 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 facsimiles 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. 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.
G. Any student 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 be placed under emergency suspension from school pending an investigation of the incident by the appropriate school or legal authorities. Students who violate this policy may be suspended from school and all activities for any period of time up to the maximum period authorized by law. Additionally, school administrative staff members may seek to file criminal charges against the student.
H. If the person in possession of the dangerous weapon, or 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 teacher or other 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 teacher or 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 teacher or employee does not believe the weapon can be confiscated safely, the teacher or employee shall immediately notify the principal or designee of the situation.
J. If a teacher or other 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 report the matter to his/her immediate supervisor.
K. If a student or other person has a reasonable suspicion to believe that any employee, student 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 report the matter to the principal or designee.
L. If an administrator or designee learns that a student, or employee 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 and contact the police, if appropriate.
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. Notify the Superintendent or designee.
4. In the case of a student, notify the parents.
5. Cooperate fully with the police.
6. Transfer confiscated weapon to the police department.
M. Except as may be required by law for students with disabilities, any student in possession of a dangerous weapon, or replica or facsimile of a dangerous weapon, shall not be eligible for placement in any alternative education or intervention program or be eligible to transfer to another district school site in lieu of suspension, except on a case-by-case basis as determined by the Superintendent.
N. A student’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.
O. A student who has been suspended from another school district because of the possession of a dangerous weapon, or replica or facsimile of a dangerous weapon, shall not be accepted as a transfer student into the district until the period of suspension has passed.
P. An exception to this policy may be granted for students, employees or other persons participating 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, 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.
Q. Any firearms found on the premises shall be reported to law enforcement and will immediately be turned over to local law enforcement as per state law requirements.
R. 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 of Education policies.
GUN-FREE SCHOOLS STUDENT SUSPENSION
It is the policy of the Union Public School District that any student who is determined to have brought a weapon to a school under the jurisdiction of the district shall be suspended from school for a period of not less than one calendar year.
Any suspension imposed under this policy may be modified for any student on a case-by-case basis by the chief administering officer of the district.
For the purposes of this policy, the following definitions shall control:
A. The term “weapon” means a firearm as such term is defined in Section 921 of Title 18 of the United States Code.
B. The term “chief administering officer” means the Superintendent or the Board of Education of the district.
C. The term “determined to have brought a weapon to a school under the jurisdiction of the district” means any student being in possession or control of a weapon on property owned, leased, or rented by the district including, but not limited to, school buildings, parking lots, and motor vehicles; and any student who is in possession or control of a weapon at any district-sponsored function regardless of whether such function is conducted on district property.
Enforcement of this policy shall be consistent with state and federal laws dealing with discipline of students with disabilities.
Students who violate this policy will be referred to the appropriate criminal justice or juvenile delinquency system. Any firearm seized from a student by any school employee shall immediately be delivered to a law enforcement authority for disposition pursuant to applicable law.
Any suspension initiated pursuant to this policy shall be subject to the procedural safeguards set forth in the district’s policy for the suspension of students.
Revised 6/10/96
Revised 12/13/99
Revised 12/10/07
Revised 12/12/11
Revised 12/9/13
Revised 3/9/15
Revised 12/14/15
Revised 12/10/18