File: JICDD* - Violent and Aggressive Behavior

NOTE: While Colorado school boards are not required by law to adopt a policy on this subject, they are required to adopt a comprehensive student code of conduct. This policy, if adopted, becomes part of that code. This policy also contains some legal requirements school districts must follow. The board should consult with its own legal counsel to determine whether this language meets local circumstances and needs.

The Board recognizes there are certain behaviors that, if tolerated, would compromise the learning environment to which the students and staff of the district are entitled. These behaviors, categorized as violent or aggressive, will not be tolerated.

Students exhibiting violent or aggressive behavior or warning signs of future violent or aggressive behavior will be subject to appropriate disciplinary action including suspension and/or expulsion in accordance with Board policy concerning student suspensions, expulsions, and other disciplinary interventions. As appropriate and in accordance with applicable law and Board policy, students may also be referred to law enforcement authorities. At the district's discretion and when appropriate, the student may receive appropriate intervention designed to address the problem behavior. The district may also conduct a threat assessment of the student.

Students must immediately report questionable behavior or potentially violent situations to an administrator, counselor, or teacher.

A staff member who witnesses or receives a report of a student´s act of violence and aggression must notify the building principal or designee as soon as possible.

An act of violence and aggression is any expression, direct or indirect, verbal or behavioral, of intent to inflict harm, injury, or damage to persons or property. A threat of violence and aggression carries with it implied notions of risk of violence and a probability of harm or injury.

An act of violence and aggression includes but is not limited to the following behaviors:

1. Possession, threat with, or use of a dangerous weapon — as described in the Board´s weapons policy.

2. Physical assault — the act of striking or touching a person or that person´s property with a part of the body or with any object with the intent of causing hurt or harm.

3. Verbal abuse — includes, but is not limited to, swearing, screaming, obscene gestures, or threats directed, either orally (including by telephone) or in writing (including by text, social media, or other electronic means), at an individual, their family, or a group.

4. Intimidation — an act intended to frighten or coerce someone into submission or obedience.

5. Extortion — the use of verbal or physical coercion in order to obtain financial or material gain from others.

6. Bullying — as described in the Board´s policy on bullying prevention and education.

7. Gang activity — as described in the Board´s secret societies/gang activity policy.

8. Sexual harassment or other forms of harassment — as described in the Board´s sexual harassment policy and nondiscrimination policy.

9. Stalking — the persistent following, contacting, watching, or any other such threatening actions that compromise the peace of mind or the personal safety of an individual.

10. Defiance — a serious act or instance of defying or opposing legitimate authority.

11. Discriminatory slurs — insulting, disparaging, or derogatory comments made directly or by innuendo regarding a person´s disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, religion, ancestry, or need for special education services.

12. Vandalism — damaging or defacing property owned by or in the rightful possession of another.

13. Terrorism — a threat to commit violence communicated with the intent to terrorize or with reckless disregard for the risk of creating such terror or to cause serious public inconvenience, such as the evacuation of a building.

(Adoption date)

LEGAL REF.: C.R.S. 22-32-109.1 (1)(b) (definition of bullying)

C.R.S. 22-32-110 (1)(k) (definition of racial or ethnic background includes hair texture, definition of protective hairstyle)

C.R.S. 24-34-301 (3.3) (definition of gender expression)

C.R.S. 24-34-301 (3.5) (definition of gender identity)

C.R.S. 24-34-301 (7) (definition of sexual orientation)

CROSS REFS.: AC, Nondiscrimination/Equal Opportunity

JBB*, Sexual Harassment

JICDA, Code of Conduct

JICDE*, Bullying Prevention and Education

JICF, Secret Societies/Gang Activity

JICI, Weapons in School

NOTE: For purposes of this policy, these terms have the following meanings:

    "Race" includes hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race. C.R.S. 22-32-110 (1)(k).
    "Protective Hairstyle" includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, bantu knots, afros, and head wraps. Id.
    "Sexual Orientation" means an individual´s identity, or another individual´s perception thereof, in relation to the gender or genders to which the individual is sexually or emotionally attracted and the behavior or social affiliation that may result from the attraction. C.R.S. 2-4-401 (13.5) and C.R.S. 24-34-301 (7).
    "Gender Expression" means an individual´s way of reflecting and expressing the individual´s gender to the outside world, typically demonstrated through appearance, dress, and behavior. C.R.S. 2-4-401 (3.4) and C.R.S. 24-34-301 (3.3).
    "Gender Identity" means an individual´s innate sense of the individual´s own gender, which may or may not correspond with the individual´s sex assigned at birth. C.R.S. 2-4-401 (3.5) and C.R.S. 24-34-301 (3.5).

[Revised September 2021]