Policy 5438 – Gangs and Gang Related Activities

District schools have a responsibility to maintain a school environment free of violence, intimidation, or other behaviors which threaten the safety and well being of students and staff. Anti-social and/or criminal activities of gangs or gang-like groups threaten the school environment and interfere with the educational process. Anti-social and/or gang activities will not be tolerated and the District hereby bars all gangs, gang affiliations and gang related activities from school buildings, school buses, school related activities and school property at all times.

A “gang” is defined as any identifiable group or club which exists without the sponsorship or authorization of the school and which engages in anti-social or criminal behavior or activity which is disruptive of the school environment.

Activities of gangs/associations/organizations including recruitment, initiations, hazing, intimidation, retaliation and/or related activities which could potentially cause bodily danger, physical harm, or personal degradation or disgrace and result in physical or mental harm to students are prohibited as are all forms of criminal activity. The use of language, hand signals, graffiti, tattoos, haircuts, or the presence of any wearing apparel, footwear, jewelry, accessory, or manner of grooming which, by virtue of color, arrangement, trademark, symbol or any other attribute indicates or implies membership or affiliation with such a group is hereby prohibited.

School administrators will monitor the school environment and parents will be informed of suspected gang involvement and/or activities. If an administrator verifies a student’s involvement in gang activity, the parent or guardian will be informed and appropriate law enforcement and social service agencies will be notified, Administrators shall comply with confidentiality laws when releasing student record information. Cooperation with law enforcement agencies is authorized and encouraged.

Students violating this policy may be subject to appropriate disciplinary action, including suspension and/or recommendation for expulsion consideration.

LEGAL REF.:

  • Wisconsin Statues Sections:
    • 118.125
    • 118.127
    • 120.13(1)
    • 895.035
    • 895.77
    • 938.396
    • 939.22(9)
    • 943.017
    • 947.01
    • 947.013
  • Federal Law: Chapter 948

CROSS REF.:

  • 5411 Harassment/Hate
  • 5431 Student Dress
  • 5434 Student Alcohol and Other Drug Abuse
  • 5435 Beepers and Electronic Communication Devices
  • 5436 Weapons on School Premises
  • 5437 Threats and/or Assaults by Students
  • 5439 Care of School/Personal Property
  • 5430 Student Conduct and Discipline
  • 5473 Student Suspension
  • 5474 Student Expulsion
  • 5475 Discipline of Students with Exceptional Educational Needs

APPROVED: November 11, 1994

Rule 5438 – Gangs and Gang Related Activities

  1. All school district employees have a responsibility to report to their immediate supervisor any suspected gang-related activities.
  2. Any student known to be a member of a gang or participate in gang activities will be barred from representing the school as a member of an athletic team or as a participant in co-curricular activities. Resumption of participation in school activities will be determined by the school principal.
  3. Student work containing gang symbols will not be accepted for grading purposes when a gang symbol has been placed upon the assignment by the originator of the assignment.
  4. Gang-related graffiti or damage to school property will result in appropriate administrative and police action. The parent/guardian will be notified and a conference with the parent/guardian, student, and principal may be held. Restitution will be sought from those responsible for related damages.
  5. When a serious gang-related incident occurs on school premises, at school related activities, or on sites normally considered to be under school control, a letter will be sent to all parents of students in the school informing them in general terms about the incident and emphasizing the district’s concern for safety and outlining the action taken at the school level regarding the incident.
  6. “Wannabees” are to be dealt with, as appropriate, under terms of this policy/rule. For purposes of clarification, “wannabees” are groups of youth not affiliated with recognized gangs but who engage in gang-like activities and/or mimic gang behavior.