Arson in the first degree (KRS 513.020)

(1) A person is guilty of arson in the first degree when, with intent to destroy or damage a building, he starts a fire or causes an explosion, and; (a) The building is inhabited or occupied or the person has reason to believe the building may be inhabited or occupied; or (b) Any other person sustains serious physical injury as a result of the fire or explosion or the firefighting as a result therof.

Arson in the second degree (KRS 513.030)

(1) A person is guilty of arson in the second degree when he starts a fire or causes an explosion with intent to destroy or damage a building: (a) Of another; or (b) Of his own or of another, to collect or facilitate the collection of insurance proceeds for such loss. (2) In any prosecution under this section, it is a defense that: (a) No person other than the defendant had a possessory or proprietary interest in the building, or, if other persons had such an interest, all of them consented to the defendant’s conduct; and (b) The defendant’s sole intent was to destroy or damage the building for a lawful purpose.

Arson in the third degree (KRS 513.040)

(1) A person is guilty of arson in the third degree if he wantonly causes destruction or damage to a building of his own or of another by intentionally starting a fire or causing an explosion. (2) In any prosecution under this section, it is a defense that no person other than the defendant had a possessory or proprietary interest in the building, or, if other persons had such an interest, all of them consented to defendant’s conduct.

Assault in the first degree (KRS 508.010)

Assault in the first degree. (1) A person is guilty of assault in the first degree when: (a) He intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or (b) Under circumstances manifesting extreme indifference to the value of human life he wantonly engages in cond

Assault in the second degree (KRS 508.020)

(1) A person is guilty of assault in the second degree when:
(a) He intentionally causes serious physical injury to another person; or (b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(c) He wantonly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument.

Assault in the third degree (KRS 508.025)

(1) A person is guilty of assault in the third degree when the actor:
(a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury to:
(9) A public or private elementary or secondary school or school district classified or certified employee, school bus driver, or other school employee acting in the course and scope of the employee’s employment; or
(10) A public or private elementary or secondary school or school district volunteer acting in the course and scope of that person’s volunteer service for the school or school district

Assault in the fourth degree (KRS 508.030)

Assault in the fourth degree.
(1) A person is guilty of assault in the fourth degree when:
(a) He intentionally or wantonly causes physical injury to another person; or
(b) With recklessness he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

Biting

Student attempts to harm another student or staff by biting.

Bomb threat

A threat of a bomb or other explosive device made verbally, in writing, or via social media to a staff, student, or community member.

Bullying/ Cyberbullying (KRS 158.148)

Pursuant to KRS 158.148, bullying is defined as:
(1) (a) As used in this section, “bullying” means any unwanted verbal, physical, or social behavior among students that involves a real or perceived power imbalance and is repeated or has the potential to be repeated:
1. That occurs on school premises, on school-sponsored transportation, or at a school-sponsored event; or
2. That disrupts the education process.
(b) This definition shall not be interpreted to prohibit civil exchange of opinions or debate or cultural practices protected under the state or federal Constitution where the opinion expressed does not otherwise materially or substantially disrupt the education process.
Cyberbullying is bullying that takes place using electronic technology.

Cheating/ Academic dishonesty

Includes, but is not limited to, deceiving, tricking, defrauding, and/or otherwise taking unfair or unethical advantage of a situation to benefit someone’s grade, academic standing, or status

Dress code violation

A student is not in compliance with the expectations in a school’s SBDM-approved dress code policy. Masks are considered part of school dress. Students should not be penalized for religious attire.

Drug/ Alcohol trafficking or distribution

Any offense of trafficking or distribution of drugs, alcohol on school grounds or at a school event. This includes alcohol, illegal drugs, prescription drugs, over-the-counter drugs, and look-alike drugs/alcohol. A student found to be in possession of more drugs/alcohol than would be consumed by one person, in one day, will be presumed to be trafficking as prescribed by law.

In addition to consequences, any contraband will be confiscated by school administration. Parents will be contacted and offered information about substance abuse support. The suspension may be reduced by the assistant director of Student Relations after consulting with the local school principal as a result of a successful enrollment in a substance abuse program. Law enforcement officials may be notified by local school administration.

Drug/ Alcohol possession/ Under the influence

The use or possession of alcohol, illegal drugs, prescription drugs, over-the-counter drugs, drug paraphernalia, and look-alike drugs/alcohol on school grounds or at a school-sponsored event. Any substance that can be reasonably mistaken for a controlled substance is considered a look-alike drug. This includes nonalcoholic beer and wine. Any student who uses, distributes, or represents a look-alike drug as authentic will be treated as if it were authentic, according to state and federal laws. Any prescribed or over-the-counter medications taken during the school day must be given to the school’s JCPS Health Services trained staff with the appropriate parent permissions and medical forms submitted.

Under the influence will be determined by having an administrator and another adult verify that the student’s behavior(s) indicate(s) likely drug or alcohol abuse and that the student should be removed from the school. A student will be considered under the influence when one or more of the following indicators are noted: vomiting, staggering, emitting an indicative odor, exhibiting incoherence/disorientation, slurring speech, exhibiting dilated pupils, admission of guilt, and/or displaying other physical evidence.

In addition to consequences, any contraband will be confiscated by school administration. Parents will be contacted and offered information about substance abuse support. The suspension may be reduced by the assistant director of Student Relations after consulting with the local school principal as a result of a successful enrollment in a substance abuse program. Law enforcement officials may be notified by local school administration.

Extending body parts or throwing objects out of bus door/ window

Placing any item or body part outside of the bus window resulting in increased risk for injury. This includes throwing objects from a bus window or door.

Failure to remain seated on the bus

Student refuses to stay in seat or assigned seat.

Failure to attend detention

Student fails to attend detention assigned as a behavior consequence.

False information to staff

Student knowingly provides partial, inaccurate, or no information to staff when asked.

Falsely activating a fire alarm/ safety equipment

Student pulls, activates, or presses a fire alarm device or extinguisher in a non-emergency situation. This includes tampering with bus evacuation doors and windows and unauthorized propping and opening of school doors.

Fighting—student to student

The use of physical violence between two students or the use of violence by a student on another person (excludes verbal confrontations, threats, intimidation, and other encounters). Administrators may use professional judgment in cases where the investigation yields a clear aggressor/initiator and may differentiate consequences accordingly

Fireworks/ Explosive devices

Possession or use of a device containing gun powder or other combustible chemicals.

Forgery/ Counterfeiting

The creation or alteration of a written instrument (e.g., check, transcript, identification, currency, communication, hall passes, or any other official document).

Gambling

Participating in games of chance or skill for money or profit.

Harassment/ Harassing communications toward staff or student (KRS 525.070 and KRS 525.080/ Board Harassment Discrimination Policy 09.42811/09.42811 Title IX Sexual Harassment)

Harassment KRS 525.070
(1) A person is guilty of harassment when, with intent to intimidate, harass, annoy, or alarm another person, they:
(a) Strike, shove, kick, or otherwise subject the person to physical contact;
(b) Attempt or threaten to strike, shove, kick, or otherwise subject the person to physical contact;
(c) In a public place, make an offensively coarse utterance, gesture, or display, or addresses abusive language to any person present;
(d) Follow a person in or about a public place or places;
(e) Engage in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose; or
(f) Being enrolled as a student in a local school district, and while on school premises, on school- sponsored transportation, or at a school-sponsored event:
1. Damage or commit a theft of the property of another student;
2. Substantially disrupt the operation of the school; or
3. Create a hostile environment by means of any gestures, written communications, oral statements, or physical acts that a reasonable person under the circumstances should know would cause another student to suffer fear of physical harm, intimidation, humiliation, or embarrassment.

Harassment/ Harassing communications toward staff or student (KRS 525.070 and KRS 525.080/ Board Harassment Discrimination Policy 09.42811/09.42811 Title IX Sexual Harassment) Continued

Harassing Communications KRS 525.080
(1) A person is guilty of harassing communications when, with intent to intimidate, harass, annoy, or alarm another person, they:
(a) Communicate with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written communication in a manner which causes annoyance or alarm and serves no purpose of legitimate communication;
(b) Make a telephone call, whether or not conversation ensues, with no purpose of legitimate communication; or
(c) Communicate, while enrolled as a student in a local school district, with or about another school student, anonymously or otherwise, by telephone, the Internet, telegraph, mail, or any other form of electronic or written communication in a manner which a reasonable person under the circumstances should know would cause the other student to suffer fear of physical harm, intimidation, humiliation, or embarrassment and which serves no purpose of legitimate communication.

Hazing

As used in KRS 508.180 to 508.186, unless the context requires otherwise:

1. “Hazing” means a direct action which substantially endangers the physical health of a minor or student for the purpose of recruitment, initiation into, affiliation with, or enhancing or maintaining membership or status within any organization, including but not limited to actions which coerce or force a minor or a student to:

2. (a) Violate federal or state criminal law;

3. (b) Consume any food, liquid, alcoholic liquid, drug, tobacco product, or other controlled substance which subjects the minor or student to a risk of serious physical injury;

4. (c) Endure brutality of a physical nature, including whipping, beating or paddling, branding, or exposure to the elements;

5. (d) Endure brutality of a sexual nature; or

6. (e) Endure any other activity that creates a reasonable likelihood of serious physical injury to the minor or student;

7. (2) “Organization”:

8. (a) Means a number of persons who are associated with a school or postsecondary education institution and each other, including a student organization, fraternity, sorority, association, corporation, order, society, corps, club, or similar group; and

9. (b) Includes any student organization registered pursuant to the policies of the school or postsecondary education institution at any time during the previous five (5) years; and

10. (3) “Student” means an individual enrolled in a public or private school or postsecondary program of study.

Horseplay

Student(s) is/are engaged in roughhousing, pushing, running, excessive play, etc., that are not appropriate or safe on the school bus and in the classroom environment.

Inappropriate sexual behavior (KRS 510.020 and Board Title IX Sexual Harassment Policy 09.428111)

The possession and/or display of pornography, and/or indecent exposure, and/or having inappropriate sexual contact.

Inappropriate use of district technology

Any violation of the JCPSNet Acceptable Use Policy. The entire policy can be found in Appendix C.

Inappropriate use of a mobile device

Use of a mobile or hand-held device to make, transmit, or distribute any inappropriate recording, picture, or image without the consent of the person(s) recorded, or that violates their personal expectations of privacy, the SSBIH, or the law.

Intentionally throwing or releasing an object

Intentionally throwing or releasing an object that has the potential to cause a disturbance, injury, or property damage, when the act of throwing or releasing the object is not part of a supervised activity.

ISAP removal/ walkout

Students who leave ISAP for any reason without proper authorization from a teacher, administrator, or other school staff. This includes students who must be removed from the ISAP classroom for any inappropriate behavior.

Leaving class without permission/ Cutting class

Skipping any portion of a class, an entire class or classes, or live synchronous virtual instruction without authorized permission. This includes students who leave class for any reason without proper authorization from a teacher, administrator, or other school staff.

Leaving school/ bus without permission

Students who leave school grounds for any reason without proper authorization and/or without following proper sign-out procedures. This includes getting off the bus at the wrong stop without previous approval.

Loitering on school grounds

Remaining on school grounds when they loiter or remaining in or around a school building or grounds, while not having any reason or relationship involving the school or a school event, or any other license or privilege to be there. This would include remaining on school grounds against direction of school administration or other safety-related directive. This would include trespassing.

Profanity/ Vulgarity

Swearing, cursing, or making obscene gestures.

Profanity/ Vulgarity toward student or staff

Swearing, cursing, or making obscene gestures specifically targeting school students or personnel.

Racial slur/ Hate speech toward staff/ student

Making racial slurs or using hate speech (e.g., verbal, written, or use of sign/symbols) specifically targeting school students or personnel.

Refusal/ Failure to attend ISAP

Failure of a student to attend an assignment to the ISAP classroom.

Robbery

Theft involving the use of physical force, deadly weapons, or dangerous instruments.

Sexual abuse/ Sexual assault (KRS 510) Board Policy 09.428111 Title IX Sexual Harassment

Actions, sexual in nature, intending to cause or causing physical injury to another person including by means of a deadly weapon or dangerous instrument, or intentionally causing extreme distress to another person.

Sexual harassment/ Board Policy 09.42811 Harassment/ Discrimination (Students) and “Board Policy 09.428111 Title IX Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, other verbal and/or physical behaviors of a sexual nature (including sexual violence), and the use of symbols to create a climate that adversely affects the work environment or educational process.

Spitting, Bodily Fluids

The act of forcibly ejecting saliva, bodily fluids, or other substances from the mouth.

Striking—student

Intentional physical contact with a student that does not cause physical injury. If a physical injury occurs, review the Assault codes above. If two students are striking each other, that would be considered “Fighting.”

Striking—staff or other

Intentional physical contact with a faculty member, staff member, or other school official that does not cause physical injury. If a physical injury occurs, review the Assault codes above.

Talking out in class

Repetitive talking at inappropriate times or discussing irrelevant content in a manner disruptive to the learning process.

Taunting, baiting, or inciting a fight

Instigating, encouraging, or promoting a physical altercation or disagreement amongst one or more student(s).

Terroristic threatening in the first degree (KRS 508.075)

Penalties— (Class C Felony)

1. Imprisonment of not less than 5 years and nor more than 10 years.

2. Fine not less than $1,000 and not greater than $10,000.

A person is guilty of terroristic threatening in the first degree when he or she:
(a) Intentionally makes false statements that he or she or another person has placed a weapon of mass destruction on:
1. The real property or any building of any public or private elementary or secondary school, vocational school, or institution of postsecondary education;
2. A school bus or other vehicle owned, operated, or leased by a school;
3. The real property or any building public or private that is the site of an official school-sanctioned function;
4. The real property or any building owned or leased by a government agency; or
5. The real property or any building owned or leased by a domestic violence shelter as defined in KRS 511.085; or
(b) Intentionally and without lawful authority, places a counterfeit weapon of mass destruction at any location or on any object specified in paragraph (a) of this subsection.
(2) A counterfeit weapon of mass destruction is placed with lawful authority if it is placed, with the written per mission of the chief officer of the school or other institution, as a part of an official training exercise and is placed by a public servant, as defined in KRS 522.010.
(3) A person is not guilty of commission of an offense under this section if he or she, innocently and believing the information to be true, communicates a threat made by another person to school personnel, domestic violence shelter personnel, a peace officer, a law enforcement agency, a public agency involved in emergency response, or a public safety answering point and identifies the person from whom the threat was communicated, if known.

Terroristic threatening in the second degree (KRS 528.078)

Penalties—(Class C or D Felony)

1. Imprisonment of not less than 1 year and nor more than 10 years.

2. Fine not less than $1,000 and not greater than $10,000.

A person is guilty of terroristic threatening in the second degree when, other than as provided in KRS 508.075, he or she intentionally:
(a) With respect to any scheduled, publicly advertised event open to the public, any place of worship, or any school function, threatens to commit any act likely to result in death or serious physical injury to any person at a scheduled, publicly advertised event open to the public, any person at a place of worship, or any student group, teacher, volunteer worker, or employee of a public or private elementary or secondary school, vocational school, or institution of postsecondary education, or to any other person reasonably expected to lawfully be on school property or at a school-sanctioned activity, if the threat is related to their employment by a school, or work or attendance at school, or a school function. A threat directed at a person or persons at a scheduled, publicly advertised event open to the public, place of worship, or school does not need to identify a specific person or persons or school in order for a violation of this section to occur;
(b) Makes false statements by any means, including by electronic communication, indicating that an act likely to result in death or serious physical injury is occurring or will occur for the purpose of:
1. Causing evacuation of a school building, school property, or school sanctioned activity;
2. Causing cancellation of school classes or school-sanctioned activity; or
3. Creating fear of death or serious physical injury among students, parents, or school personnel;
(c) Makes false statements that he or she has placed a weapon of mass destruction at any location other than one specified in KRS 508.075; or
(d) Without lawful authority places a counterfeit weapon of mass destruction at any location other than one specified in KRS 508.075.
(2) A counterfeit weapon of mass destruction is placed with lawful authority if it is placed as part of an official training exercise by a public servant, as defined in KRS 522.010.
(3) A person is not guilty of commission of an offense under this section if he or she,innocently and believing the information to be true, communicates a threat made by another person to school personnel, a peace officer, a law enforcement agency, a public agency involved in emergency response, or a public safety answering point and identifies the person from whom the threat was communicated, if known.

Terroristic threatening in the third degree (KRS 508.080)

Penalties—(Class A Misdemeanor)

1. Imprisonment not to exceed 12 months.

2. Fine not to exceed $500.

(1) Except as provided in KRS 508.075 or 508.078, a person is guilty of terroristic threatening in the third degree when:
(a) He threatens to commit any crime likely to result in death or serious physical injury to another person or likely to result in substantial property damage to another person; or
(b) He intentionally makes false statements for the purpose of causing evacuation of a building, place of assembly, or facility of public transportation.

Theft (KRS 514.030)

A person is guilty of theft by unlawful taking or disposition when they unlawfully:
(a) Takes or exercises control over movable property of another with intent to deprive them thereof; or
(b) Obtains immovable property of another or any interest therein with intent to benefit themselves or another not entitled thereto.

Tobacco/ Alternative nicotine/ Vapor distribution

A deliberate attempt to distribute tobacco/alternative nicotine/vapor products as defined in the definition provided in the “Use/Possession of tobacco/alternative nicotine/vapor products” section below.

Per KRS 158.148 The school counselor or other school based mental health services provider shall provide to the parent or guardian and the student evidence based, age appropriate nicotine and cessation information to include but not limited to materials, program, and referrals for treatment.

Staff will confiscate tobacco/alternative nicotine/vapor products.

Unexcused tardiness to class

Arrival to class after the designated start time without prior authorization from an administrator, teacher, or school staff member

Unintentional physical contact— staff

Unintentional physical contact with a faculty member, staff member, or other school official that does not cause physical injury. If a physical injury occurs, review the Assault codes above. For example, a staff member is assisting in breaking up a fight, and a student inadvertently elbows, swats, etc., the staff member.

Use/ Possession of tobacco/ alternative nicotine/ vapor products (KRS 438.305/ Board Policy 09.4232)

Possession, consumption, distribution, or selling of any tobacco products, alternative nicotine devices, vapor products, or tobacco-related devices at any time on school property or at off-campus, school-sponsored events.

The term tobacco product means any cigarette, cigar, snuff, smokeless tobacco product, smoking tobacco, chewing tobacco, and any kind or form of tobacco prepared in a manner suitable for chewing or smoking, or both, or any kind or form of tobacco that is suitable to be placed in a person’s mouth. The term also includes little cigars, dissolvables, hookah, and blunt wraps.

The term alternative nicotine product means a noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. The term vapor product means any noncombustible product that employs a heating element, battery, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size and including the component parts and accessories thereto, that can be used to deliver vaporized nicotine or other substances to users inhaling from the device. Vapor product includes, but is not limited to, any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and every variation thereof, regardless of whether marketed as such, and any vapor cartridge or other container of a liquid solution or other material that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar product or device.

The term tobacco-related devices means ashtrays, cigarette papers, or pipes for smoking or any components, parts, or accessories of alternative nicotine devices or vapor products.

Violation of Personal Electronic/ Telecommunication Device Policy (KRS 158.165/ Board Policy 09.4261)

Violation of personal electronic/telecommunication device policy is defined as a violation of the JCPS Telecommunication Device Policy. The expectation of the policy is as follows:
Unless a school/council has been granted a waiver pursuant to Board Policy 02.432, students shall not use/ activate and/or display a personal telecommunication device on school property during the course of the instructional day unless they are acting in the capacity of a volunteer firefighter or Emergency Medical Service (EMS) worker. The superintendent may approve the use of personal telecommunication devices as provided in the plan submitted by schools that contain a business and information technology career theme. Personal telecommunication device is defined in KRS 158.165 and includes, but is not limited to, cellular telephones, pagers, walkie-talkies, electronic mail devices, MP3 players, iPods, and video gaming systems. Outside the instructional school day, students shall be permitted to possess and use personal telecommunication devices provided they observe the following four conditions:
1. Devices shall not be used in a manner that is disruptive, including, but not limited to, use that:
—Poses a threat to academic integrity, such as cheating,
—Violates confidentiality or privacy rights of another individual,
—Is profane, indecent, or obscene,
—Constitutes or promotes illegal activity, or
—Constitutes or promotes sending, sharing, or possessing sexually explicit messages, photographs, or images using any electronic device.
2. Students are responsible for keeping up with the devices they bring to school. The district shall not be responsible for the loss, theft, or destruction of devices brought onto school property.
3. Students shall comply with any additional rules developed by the school concerning appropriate use of telecommunication or other electronic devices.
4. Students shall not utilize a telecommunication or similar electronic device in a manner that would violate the district’s Acceptable Use Policy or procedures or the SSBIH.

These offenses are subject to consequences under the SSBIH. In addition, the telecommunication device, including the SIM card, battery, and all other parts of the device, could be confiscated by an administrator and shall be returned to the parent/student/guardian by the end of that school day. Individual schools may set policies that define the progressive consequences for each offense. Administrators have the right to confiscate a phone when a student violates Condition 1, above. In such situations, the phone will be returned at the conclusion of the investigation.

Vandalism

Damaging or defacing school property or the property of school personnel.

Weapons/ Dangerous Instruments (Board Policy 05.48)

Weapons/Dangerous instruments are not tolerated in the district. Any student who is knowingly in possession of or who is involved in the transfer, storage, or use of a firearm or explosive device will be referred to an alternative school site for a period of one calendar year and not be allowed to return to their previously assigned school: Handgun; shotgun/rifle; pellet/BB/air gun; paintball gun; replica/toy gun; stun gun/taser gun, knife, blade length less than 2.5 inches; knife, blade length 2.5 inches or greater; blunt object; other object; noxious substance; substance used as weapon

Definitions of State Reported Weapons
Handgun (Firearm): any firearm that can be held and fired with one hand. This category also includes revolvers and pistols.
Shotgun/Rifle: a shoulder firearm with spiral grooves cut in the inner surface of the gun barrel to give the bullet a rotatory motion and thus a more precise trajectory.

Look-Alike Weapons
Any toy or model weapon that looks enough like an authentic weapon to be reasonably mistaken for one. Any student who presents a look-alike weapon to a staff member or another student as a real weapon and/or who uses it to intimidate, threaten, or harass someone will be treated as if they used a real weapon, according to state and federal laws.

Weapons Detection Refusal

Refusal to cooperate with the weapons detection screening procedure A school administrator will attempt to contact the student’s parent/guardian to discuss the student’s refusal to cooperate.