Policy 5.1814

Most Severe Consequences for Violent Acts

1. Definition.-- As used herein, the term "most severe consequences" may refer to expulsion of a student for the remainder of the current school year and the entire next school year as allowed by Fla. Stat. § 228.041(26), with no early reinstatement, and with referral for criminal prosecution.

2. Discretion.-- Pursuant to SBER 6A-1.0404(3), the following sections shall not be construed to remove the discretion of the principal/designee, District administration, or the School Board in cases where mitigating circumstances may affect decisions on disciplinary action.

3. Consequences.-- As required by State Board of Education Rule 6A-1.0404(2), it is the Policy of the School Board that students shall receive the most severe consequences if found to have committed the following offenses on school property, on school sponsored transportation, or during a school sponsored activity:

   1. homicide (murder, manslaughter) of a student, District employee, School Board member, or other person;

   2. sexual battery upon a student, District employee, School Board member, or other person;

   3. armed robbery of a student, District employee, School Board member, or other person;

   4. aggravated battery on a student or other person not listed in paragraph (e);

   5. battery or aggravated battery on a teacher, other school personnel, or School Board member;

   6. kidnapping or abduction of a student, District employee, School Board member, or other person;

   7. arson;

   8. possession, use, or sale of any firearm; or

   9. possession, use or sale of any explosive device.

4. Further, the most severe consequences may be imposed if a student is found to have made a written or oral threat of intention to inflict serious bodily harm or death upon any student of the District, any District employee, or any School Board member (regardless of where the threat was made).

5. Under Fla. Stat. § 230.23(6)(d)11, the most severe consequences may also be imposed for committing the following offenses involving the school or school personnel's property, school transportation, or a school-sponsored activity:

   1. making a threat to throw, project, place, or discharge any destructive device as defined in Fla. Stat. § 790.001(4), with the intent to do bodily harm to any person or with the intent to do damage to any property of any person; or

   2. making a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, other deadly explosive, or weapon of mass destruction.

Pages 5.1814(a) - 5.1814(b)