5000 Students

5400 Student Discipline

5410 Student Conduct and Discipline

5412 Student Code of Conduct

5412.1 Fighting

The General Assembly has mandated expulsion from school for the commission of any offense which, if committed by an adult would be an assault.

The Colorado Criminal Code recognizes a difference between "assault" and "fighting." Specifically, "fighting in a public place" is an offense against public peace, order and decency (Section 18-9-106 (1) (d) C.R.S.) and is therefore not synonymous with "assault."

This regulation shall provide procedure and direction to building administrators for the interpretation of Items #3 and #4 of the Student Code of Conduct - Policy #5412 related to fighting and assault.

The procedure stated herein is intended to assist the building principal or his designee in distinguishing between fighting and assault, and in determining when student fighting results in an assault.

The goal of the school district is to educate, not expel. Only those students who meet any of the following criteria should be expelled:

A. Students who use any object as a weapon to hit, strike, stab, shoot or bludgeon a fellow student. This definition shall include typical weapons such as guns, knives, clubs, etc., but shall be interpreted to include any object that is used with the apparent intention of inflicting serious injury.

B. Students who cause serious injury or whose actions evidenced an intent to cause serious injuries.

The principals or their designees are expected to use their best judgment in determining whether serious injury has occurred or was intended. When in doubt, disputes should be resolved in favor of keeping students in the education system.

Absence of either of the foregoing circumstances shall entitle the principal or his designee to conclude that an "assault" did not occur. In such circumstances, the conduct shall be determined to be "fighting" as that term is defined in The Colorado Criminal Code (Section 18-9-106-(1) (d) C.R.S.), and appropriate discipline - short of expulsion shall be administered.

Alternately, if a principal or his designee believes that either of the foregoing circumstances exist, he must recommend the student for expulsion.

Adopted: 8/25/94

Moffat County School District RE-1 Regulation 5412.1