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SAFETY AND SCHOOL LAW

 

“A safe school is a place where students

can learn and teachers can teach

in a welcoming environment,

free of intimidation and fear.”

- Ronald D. Stephens -

Contents

*   VOCABULARY

*   OVERVIEW

*   COMMON THREATS TO SAFETY

*   CCONSEQUENCES FOR UNSAFE BEHAVIOR

*   INTENTIONAL or UNINTENTIONAL

*   HARASSMENT

*  SEXUAL HARASSMENT

*  WHAT CAN YOU DO?

*  QUIZ

 

 

VOCABULARY

Anticipate

Harass

Liable

Bully

Injury

Safety

Expulsion

Intimidate

Suspension

Felony

 

 

 

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OVERVIEW

 

All states have provisions within their constitutions or laws that provide for the safety of students and staff.

 

The following provision is typical and is quoted from the California constitution:

 

Right to Safe Schools.  All students and staff of public primary, elementary, junior high and senior high schools have the inalienable right to attend campuses that are safe, secure and peaceful.

 

It is the responsibility of each of us to contribute to the general effort of maintaining safe schools.  The fulfillment of this responsibility is consistent with establishing and abiding by high personal values. 

 


Therefore, you, as a student and a person of good character, are responsible to control any personal actions that might threaten school safety.  It is also important to know and understand that failure to obey safe school rules can result in serious consequences for you and your family. 

 

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COMMON THREATS TO SAFETY

 

The most common threats to the safety of students in school include:

 

*   Using hurtful words:  threats, profanity, etc., toward others.

 

*   Fighting:  Even “play fighting” can cause real fights when one person becomes angry.

 

*   Carrying of weapons:  Knives, guns, rocks, and other objects that can be used as weapons.  Often just the presence of weapons is a threat to safety.

 

*   Possession, use, or distribution of illegal drugs or alcohol:  Drugs and alcohol are serious threats to the safety of all of us.

 

*   Wild behavior:  Even though it may not be your intention to cause injury, if your behavior is uncontrolled, safety of others and yourself is certainly threatened.  Think before you act!

 

 

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CONSEQUENCES FOR UNSAFE BEHAVIOR

 

*   Serious injury to yourself or to others.

 

*   Possible removal from school:  If you do cause a serious injury to another person, it is likely that you will be removed from school through either the suspension or expulsion process.  This, of course, results in great embarrassment to you and your family.

 


*   Financial loss:  If you cause a serious injury to another person, it could cost your parents thousands of dollars.  Most states make parents financially liable for illegal actions of their children.

 

*   Loss of educational opportunities:  Obviously, if you are out of school as a result of a suspension or expulsion, you will be losing learning opportunities.

 

*   Damage to your character:  And finally, but very important, is the fact that any action irresponsibly taken by you which threaten the safety of others will damage the quality of your character.  This, in turn, will damage your reputation and make it more difficult to have trusting relationships with others.

 

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INTENTIONAL or UNINTENTIONAL

 

Unsafe behavior can be intentional or unintentional.  There are those people who intentionally try to injure other people.

 

Such people of poor character include:

*   Gang members.

*   Drug dealers.

*   Other criminals who tend to be violent.

*   Other people, including students, who just lose their temper, which causes a loss of self-control.

 

Often such people, who have problems with their temper, are normally of good character, but become dangerous when they become angry.   Remember, angry people make bad decisions that could result in serious injury to someone else, or themselves.  Controlling “anger” is an essential part of integrity.

 

Unintentional unsafe behavior is also a threat to everyone’s safety.  Often careless unsafe behavior results in accidents.  However, most of these type of accidents can be prevented with reasonable caution.

 


Some unintentional acts cause injuries, but do not fall under the definition of accidents.  They happen when a person does something dangerous, which is against the law, or school rules, but do not intend to cause injury.  If you break the law and this act hurts another person, you are responsible!  The fact that you did not intend to hurt the other person is of little comfort to him/her.

 

Examples: 

During the lunch period Allen is throwing rocks at a can on the Soccer Field.  Henry comes running by and gets hit in the eye by a rock.  Allen knows it is against school rules to throw rocks, but he chose to do so anyway.  Henry is injured.  Allen is sorry; he is also responsible for the injury.

 

Here is another example that could involve adults, or students who drive.  Joe just graduated from high school.  He wants to celebrate and goes out “drinking” with some friends.  Joe becomes “drunk” and loses control of his automobile, striking and killing Martha, another young graduate.  It is against the law to drink and drive!  Joe knows this, but he did it anyway.  Joe is guilty of a felony called manslaughter.

 

We can sympathize with Allen and Joe in the above two examples.  They didn’t mean to hurt anyone.  However, they were doing something very dangerous, and they both knew that it wasn’t permitted because of the danger.  They are responsible!

 

What about Henry?  Henry has to suffer the pain of an eye injury, which could have permanent consequences.  There may also be great cost to Henry’s family.  They could, of course, sue Allen’s parents for damages.

 

And then there’s Martha.  Her hopes and dreams, her very life, have been taken away.  Undoubtedly there will be great suffering in Martha’s family and friends.  Joe and his parents are liable for damages.

 

Safety is everyone’s business.  Your actions, intentional or not, can threaten the safety of others, as well as yourself.  Be responsible!

 

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HARASSMENT

 

Harassment is a continuing form of intimidation.  It is wrong to harass people.  Taunting, insulting, heckling, and making threats are common harassment tactics.  Unfortunately, this happens too often in and out of school. 

 

Gang members and other criminals often harass people for their own amusement and for profit. 

 

In the real world though, harassment tactics are not limited to criminals.  Many others, using poor judgment, participate in harassing activities.  Undoubtedly you are aware of people who are insensitive to the feelings of others and act like bullies. Hopefully, you will think before you act in such an irresponsible manner.

 


A bully is someone who enjoys harassing others who he/she considers to be weaker.  The bully uses threats or violence to get others to respond.

 

Example: Barry hates to go to school because he is repeatedly being harassed by Steve, who is about 6 inches taller and 50 pounds heavier.  Steve often slaps Barry on the back of the head, calls him “runt,” and forcibly borrows his bicycle.  Recently Steve has been forcing Barry to give him $1 per week, or get beat up.

 

Steve is a bully; Barry is a victim.  Steve is insensitive to Barry’s feelings and rights.  In addition to harassment, Steve is also guilty of a felony called extortion and could be facing serious punishment, including expulsion from school.  If Steve continues his present behavior, he will face even more serious consequences in the future.

 

It is important to protect your right to be safe and free of harassment.  Your school officials will help you, if you let them.  Don’t allow a bully to dominate your life, but be wise and use good judgment when dealing with these situations.

 

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SEXUAL HARASSMENT

 

Harassment on the basis of sex is against the law.  Why?  Because it is offensive, insulting, and frightening to the victims, often causing serious psychological and other health problems.

 

Sexual harassment can come in many forms:

*   boys harassing girls, men harassing women


*   girls harassing boys, women harassing men

*   boys harassing boys, men harassing men, girls harassing girls, women harassing women

*   adults harassing children

 

Listed below are some types of behavior that could be considered sexual harassment:

*   General statements related to sex that are insulting or degrading.  This would include obscene jokes, graffiti, letters, etc.

*   Inappropriate sexual advances, especially when it is obvious that the advances are unwanted.

*   Asking for a sexual favor in return for a promise or reward.

*   Demanding a sexual favor by threatening punishment.

*   Inappropriate touching, feeling, or grabbing.

 

What can you do if you are harassed?  The first thing you should do is report it.  The law requires school officials to investigate your complaint, and take appropriate action.  There are serious consequences for anyone who is guilty of sexual harassment.

 


It is important to understand that you are not responsible for the harassment.  Let’s place that responsibility where it belongs - on the harasser.  Be firm and tell the harasser no thanks!  Don’t keep it to yourself.  If you do this, the harassment will continue, and there will probably be other victims.  Talk to the people who can help, your school officials.

 

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WHAT CAN YOU DO TO MAKE YOUR SCHOOL SAFER?

 

You are not expected to act as a policeman or policewoman.  Let the real police and school officials do this job.

 

Your first responsibility is to be sure that you are not part of the problem.  Concentrate on making good decisions based on high personal values.  The key is to think ahead before you act.  Every action you take in a violent situation could have several different possible outcomes.  Anticipate what might happen.  Will the problem be better or worse as a result of your action?

 

Example: Carlos is angry with Frank and challenges him to meet after school for a fight.  Frank says that he doesn’t want to fight.  Carlos then calls Frank a coward and uses some other bad language toward Frank.  This angers Frank, he shoves Carlos and uses very obscene language.   Then, the fight begins.

 

Carlos is obviously way out of line.  However, let’s concentrate on how Frank responded to Carlos.

 

At first Frank tried to do the right thing.  But then, he became angry.  Remember, angry people make bad choices.  This is exactly what happened.  There is no easy answer to this situation, but one thing is clear: shoving Carlos and using profanity was the wrong thing to do.  If Frank had thought ahead, he would have realized that he was only making the problem worse.

 

There is no one answer that will work in all situations like this.  Possibly further talking to Carlos without profanity and name-calling will work.  If not, then Frank needs to walk away, despite any name-calling or threats directed at him.  He may need to seek help from a teacher, counselor, or administrator.

 

Your second responsibility is to set a good example for others.  This was mentioned in the chapter on building trust, and it is just as important here.  You have greater influence on others than you might realize.  Be sure that this influence is focused in positive ways.  If you truly respect the right of everyone to be safe, then be sure that you do not encourage others to commit acts that are dangerous.

 

Your third responsibility is to seek help when it is obvious that a dangerous situation is beyond your control.  Your school officials don’t expect you to tell them about everything that happens with students.  However, if you are aware of truly dangerous activities such as drugs, violence, or harassment, then it is your duty to seek help.  In some situations this will take courage, but it is important to the safety of people in your school.  Consultation with school officials can be done in private.

 

 

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QUIZ

 

Directions: Complete the following exercises.  They are not tests, but should be used as a learning tool to help you learn.  You should think through a concept and complete the exercise.  Then you can immediately find out if you have learned correctly by reviewing the answers at the end of the exercise.                                

 

  1. Match the following:

 

 

_____suspension

 

a.  Legally bound or responsible.

 

_____expulsion

 

b.  The condition of being safe from risk or danger.

 

_____anticipate

 

c.  Someone who enjoys harassing others weaker than himself/herself.

 

_____liable

 

d.  Removal from school for a long period of time.

 

_____safety

 

e. To repeatedly subject someone to unjustifiable attacks.  Such attacks could be verbal, written, or physical.

_____injury

 

f.  To look ahead, to realize in advance.

_____bully

 

g.  Removal from school for a short time.

 

_____harass

 

h. Physical impairment resulting from violence or accident.

 

 

  1. Every student has, by law, the right to attend a school

that is _____________.

 

 

 

  1. Every student then has the responsibility to respect the _____________ of other students.

 

 

  1. List at least three common threats to the safety of students:

 

a)

b)

c)

 

 

  1. List at least three consequences for unsafe behavior:

 

a)

b)

c)

 

  1. List three types of behavior that could be considered sexual harassment:

 

a)

b)

c)

 

  1. What is your first responsibility in respecting the safety of others?

 

 

  1. What is your second responsibility in respecting the safety of others?

 

 

 

Answers: 1.  g, d, f, a, b, h, c, e     2.  safe     3.  safety     4.  Any of these: Use of hurtful words, threats, or profanity.  Fighting.  Carrying weapons.  Possession, use, or distribution of drugs or alcohol.     5.  Any of these: Cause serious injury.  Be suspended or expelled.  Your parents are liable for your acts.  Possible loss of school time.  Damage to your character.         6.  Any of these:  statements related to sex which are insulting or degrading; inappropriate sexual advances; asking for sexual favors in return for a promise or reward; demanding sexual favors using threats; inappropriate touching, feeling or grabbing.     7.  Be sure that you are not part of the problem.  8.  Set a good example for others.

 

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Anticipate


 

To look ahead, to realize in advance.

Synonyms: forecast, expect

 

Bully

 

Someone who enjoys harassing others weaker than himself or herself.

Synonyms: tormentor, oppressor

 

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Expulsion


Removal from school for long periods of time due to a serious violation

of the law or school rules, usually for up to one year.

Synonyms: exclusion, dismissal

 

Felony

A very serious crime.

 

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Harass

            To repeatedly subject someone to unjustifiable attacks.  Such

attacks could be verbal, written, or physical.

Synonyms: badger, hassle

Antonym: delight

 

Injury

Physical impairment resulting from violence or accident.

Synonyms: harm, damage

 

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Intimidate

To influence someone with threats.

Synonyms: coerce, bully

Antonym: bolster

 

Liable

Legally bound or responsible.

Synonyms: accountable, answerable

 

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Safety

The condition of being safe from risk or danger.

            Synonyms:  security, protection

            Antonyms:  hazard, peril

 

Suspension

Removal from school for a short time due to a serious violation of the

law or school rules, usually for one to five days.

 

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