Policy 5437 – Threats/Assaults

Students are prohibited from engaging in any of the following actions:

  1. fighting with, physically assaulting, or threatening (through verbal, written, electronic, or other forms of communication) other students, District employees, and/or any other visitor to District property, including but not limited to the making of death threats;
  2. sexually assaulting (as defined under state law) other students, District employees, and/or any other visitor to District property;
  3. knowingly conveying (through verbal, written, electronic or other forms of communication) any threat or false information, knowing such to be false, concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives or firearms;
  4. extortion of students, District employees, and/or any other visitor to District property.

Law enforcement contact and disciplinary action for violation of this policy is outlined in Rule 5437. In addition, students may be referred to law enforcement for prosecution under applicable laws

LEGAL REF.:

  • Wisconsin Statutes Chapters 940, 943, and 948
  • Wisconsin Statutes Sections:
    • 48.981
    • 120.13(1)
    • 175.32
    • 895.035
    • 947.015
    • 947.019

CROSS REF.

  • 5111 Bullying/Harassment/Hate
  • 5430 Student Conduct and Discipline
  • 5436 Weapons
  • 5436.1 Fires, Fire Alarms, Explosives, Firecrackers, and Spray Devices
  • 5473 Suspension
  • 5474 Student Expulsion
  • 5475 Students with Disabilities

ADMINISTRATIVE REGULATIONS: None

REVISED:

  • May 25, 1999
  • November 15, 2016
  • June 28, 2022

Rule 5437 – Threats/Assaults

Students may be disciplined as provided under this Rule only if doing so is consistent with state and federal laws and regulations and established District policies, rules, and regulations, including but not limited to those pertaining to student conduct and discipline, suspension, expulsion, and discipline of students with disabilities.

  1. Fighting With, Physically Assaulting, or Threatening Other Students, District Staff, and/or Any Other Visitor to District Property
    Students involved in fighting, physically assaulting, or threatening (through verbal, written, electronic, or other forms of communication) other students, District staff, and/or any other visitor to District property may face disciplinary action, suspension, and/or referral to the Administrative Review Committee for expulsion consideration, as specified below:

    1. If a fight was serious in nature or if a student is involved in repeated incidents of fighting, the student will be suspended and referred to the Administrative Review Committee for expulsion consideration.
    2. In the case of a death threat or threat of extreme bodily harm (communicated through verbal, written, electronic, or other forms of communication), the Administrator and/or designee will assess the legitimacy of the threat using defined District Threat Assessment procedures. Contingent on the outcome of the assessment, the student may be suspended and referred to the Administrative Review Committee for expulsion consideration.
    3. Physical assault will result in a suspension and referral to the Administrative Review Committee for expulsion consideration.
    4. Any threat that compromises the health or safety of the building or its members through mass violence may face disciplinary action, including suspension and referral to the Administrative Review Committee for expulsion consideration. Administrator and/or designee will assess the legitimacy of the threat using defined District Threat Assessment procedures.
    5. In all instances noted above, depending on the seriousness of the offense, law enforcement officials may be notified. Additionally, criminal and/or civil action may result. However, prosecution under state law and/or the settlement of a monetary reimbursement is the responsibility of the offended.
  2. Sexual Assault on Another Student, District Employee, and/or Any Other Visitor to District Property
    Students who sexually assault (as defined under state law) another student, District employee, and/or any other visitor to District property will be subject to disciplinary action, including immediate suspension and referral to the Administrative Review Committee for expulsion consideration. Children and Family Services and law enforcement officials will be notified.
  3. Bomb and/or School Shooting Threats/Scares
    Students who knowingly convey (through verbal, written, electronic, or other forms of communication) any threat or false information, knowing such to be false, concerning an attempt or alleged attempt being made or to be made to destroy any school property or to cause bodily harm to others by means of explosives or firearms will be subject to immediate suspension and referral to the Administrative Review Committee for expulsion consideration.

    Law enforcement officials will be notified, as Wis. Stat. § 175.32 mandates immediate notification to law enforcement for any serious and imminent threat to the health or safety of a student, District employee, or the public. Additionally, Wis. Stat. § 947.015 makes it a Class I Felony to intentionally convey or cause to be conveyed any threat or false information, knowing such to be false, concerning an attempt or alleged attempt being made or to be made to destroy any property by the means of explosives. Further, Wis. Stat. § 947.019 generally states that any individual who makes real or false claims threatening to cause death or bodily harm to any person or damage to District property (which would include threats regarding shootings bomb threats) is guilty of a Class I felony. Restitution will be expected from the parent/guardian and/or the student to the extent permitted under the law.

  4. Extortion of Another Student, District Employee, or Any Other Visitor to District Property
    A student practicing or attempting extortion of another student, District employee, or any other visitor to District property will be subject to immediate suspension and referral to the Administrative Review Committee for expulsion consideration. Corrective action will be taken. Restitution will be expected from the parent/guardian and/or the student to the extent permitted under the law. Depending on the seriousness of the offense, law enforcement officials may be notified.