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Possession or Use of Weapons)

Section 1. Definitions: 

a. Items in the following categories are defined as weapons:

i. Type 1: Deadly weapon (as such term is defined in W.S.§6-1-104(a)(IV).

ii. Type 2: Articles other than deadly weapons used or threatened to be used to inflict bodily harm and/or to intimidate other persons regardless of whether or not the possessor actually used or intended to use the article to inflict bodily harm or intimidate other persons. Examples are chains, clubs, stars, etc.

iii. Type 3: Articles designed for other purposes but which are being used or threatened to be used to inflict bodily harm and/or intimidate. Examples are belts, combs, pencils, pocketknives with foldout blades less than 2 ½ inches, files, compasses, scissors, etc.

b. “Possession” means having a weapon actually in a student’s personal possession, or in their desk, locker, or vehicle.

c. “Use” means threatening to or actually inflicting injury on another person with a weapon.

d. “Campus” means within the boundaries of real property used by the school district primarily for the education of students in grades Kindergarten through twelve.

Section 2: Possession or use of weapons.

a. “Possession” of a Type 1 or a Type 2 weapon on campus, or at a school activity, or within any school bus is prohibited.

b. “Use” of any type of weapon on campus, or at a school activity, or within any school bus is prohibited at all times.

Section 3: Penalty.

a. Any student who possesses, uses, transfers, carries or sells a deadly weapon while on the school campus or on any school bus or while in attendance at any school activity, shall be expelled from school for not less than one (1) year except that the Superintendent of Schools may modify the expulsion requirement on a case-by-case basis.

b. A student in possession of a Type 2 weapon shall be subject to administrative disciplinary action, which may include suspension or expulsion of up to one (1) year.

c. A student using any type of weapon shall be suspended immediately from school and referred to the Superintendent and the Board of Education for further disciplinary action up to and including expulsion from school.

Section 4: Expulsion Procedures.

a. Any student recommended for expulsion shall be afforded an opportunity for a hearing as provided by W.S. §21-4-305(d).

b. If the Superintendent of Schools modifies the expulsion of a student pursuant to Section 3 above, such modification shall be in writing.

Section 5: Notification to District Attorney.

a. After the applicable notice and hearing requirements of this section are complied with, if it is determined that a student is to be expelled pursuant to Section 3(a) of this policy, the Superintendent shall refer to the criminal justice or juvenile delinquency system any student who brings a firearm defined in §921 of Title XVIII of the U.S. Code to school.

Adoption date: December 14, 1994

Amended: May 18, 1995

Amended: October 15, 2003

Amended: July 20, 2011
Mar 1, 2013, 12:53 PM