5131.9

Students

Gang Activity or Association

Gangs which initiate, advocate, or promote activities which threaten the safety or well-being of persons or property on school grounds or which disrupt the school environment are harmful to the educational process. The use of hand signals, graffiti, or the presence of any apparel, jewelry, accessory, or manner of grooming which, by virtue of its color, arrangement, trademark, symbol, or any other attribute which indicates or implies membership or affiliation with such a group, presents a clear and present danger.  This is contrary to the school environment and educational objectives and creates an atmosphere where unlawful acts or violations of school regulations may occur.

Incidents involving initiations, hazings, intimidations, and/or related activities of such group affiliations which are likely to cause bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm to students are prohibited.

The Superintendent will establish procedures and regulations to ensure that any student wearing, carrying or displaying gang paraphernalia, or exhibiting behavior or gestures which symbolize gang membership, or causing and/or participating in activities which intimidate or affect the attendance of another student shall be subject to disciplinary action.

The administration will provide service training in gang behavior and characteristics to facilitate staff identification of students at-risk and promote membership in authorized school groups and/or activities as an alternative.

Legal Reference:   Jeglin v. San Jacinto United School District

(827F. Supp. 1459-C.D.Ca. 1993)

Olesen v. Board of Education School District No. 228

(676F. Supp. 820-N.D. Ill. 1987)

Policy adopted:  7/11/05

Students

Gang Activity or Association

The type of dress, apparel, activities, acts, behavior or manner of grooming displayed, reflected or participated in by the student shall not:

A.  Lead school officials to reasonably believe that such behavior, apparel, activities, acts, or other attributes are gang related and would disrupt or interfere with the school environment or activity and/or education objectives.  No student on or about school property or at any school activity shall:  wear, possess, use distribute, display or sell any clothing, jewelry, emblem, badge, symbol, sign, or other things which are evidence of membership or affiliation in any gang;

B.  Present a physical safety hazard to self, students, staff, and other employees;

C.  Create an atmosphere in which a student, staff or other person's well-being is hindered by undue pressure, behavior, intimidation, overt gesture, or threat of violence; including but not limited to:

1.  soliciting others for membership into any gangs

2.  requesting any person to pay protection or otherwise intimidating or threatening any person.

3.  committing any other illegal act or other violation of school district policies

4.  inciting other students to act with physical violence upon any other person

Imply gang membership or affiliation by gesture, handshakes, etc., and written communication, marks, drawing, painting, design, emblem upon any school or personal property or on one's person.

If the student's behavior or other attribute is in violation of these provision, the Principal or designee will request the student to make the appropriate correction.  If the student refuse, the parent/guardian may be notified and asked to make the necessary correction.  The Principal will take appropriate corrective and disciplinary action.

Students identified as being gang involved, influences, or affiliated will be provided assistance, and/or programs which discourage gang involvement or affiliation, enhance self-esteem, encourage interest and participation in school or other positive activities and promote membership in authorize school organizations.

Training to provide increased awareness of the threat to the safety of students, staff, and school property which gang-related activity poses, shall be provided on an as-needed basis.  Additional presentation will be made available to individual schools, staff or students at the request of the Principal.  Presentations will provide training in current identification symbols used by those involved in gang-related activity and will include things such as the identification of hand signal, apparel, jewelry, and/or any other pertinent gang-related information.

Regulation approved: 7/11/05