Professional Documents
Culture Documents
Note: if a definition includes a citation to the Utah Code (UCA), the codes expanded definition is incorporated here by reference.
Incident -- One or more acts of prohibited behavior committed by an individual or group of individuals acting in concert, at the same time and place.
It may involve one or more victims and one or more offenders. For reporting purposes, an incident of prohibited behavior is the single most serious
act that occurs in a given overall incident. Incidents (ordered from most serious to least serious) include the following: criminal homicide;
aggravated assault; rape; aggravated sexual assault; forcible sexual abuse; aggravated sexual abuse of a child; robbery; burglary; theft; kidnapping;
arson; threat/intimidation; distribution, use or possession of drugs (other than alcohol and tobacco); sex offenses (non-forcible); criminal mischief
(vandalism); bullying; weapon or dangerous material possession; alcohol (liquor law) violations; tobacco violations; trespassing; fighting; disorderly
conduct; as well as other major offenses; and other state (district or municipal) defined offenses. If you are using the RISEP system, please log all
offenses and the RISEP reporting program will assign the appropriate priority order to the offense(s).
Bullying Incidents Bullying is aggressive behavior that is intentional and that involves an imbalance of power or strength. A student is being
bullied or victimized when he or she is exposed, repeatedly and over time, to negative actions on the part of one or more students.
Four types of bullying are identified by the USDE:
1. Physical bullying -- hitting and/or punching,
2. Verbal bullying -- teasing or name-calling,
3. Non-verbal or emotional bullying -- this includes intimidation through gestures, social exclusion and relational aggression,
4. Cyber bullying -- sending insulting messages by phone or computer, or electronic messaging
Injury
Serious Bodily Injury This field is required for incidents involving Physical Injury This field is required for violent incidents and is
students receiving special education services and is used in used in generating the Utah Consolidated State Performance Report.
generating OSEP special education data tables. The definition is: A The definition as defined by the USOE is: Damage to bodily tissue
bodily injury that involves a substantial risk of death; extreme (at the school or school activity where the violation occurred) that
physical pain; protracted and obvious disfigurement; or protracted includes: Skin bruising, dislocation, physical pain, impairment of
loss or impairment of the function of a bodily member, organ or physical function, bleeding, burn, bone fracture, soft tissue swelling,
faculty (18 U.S.C. Section 1365(3)(h)). injury to an internal organ or any physical condition that imperils the
health/welfare of a student.
Assault Violations
Aggravated Assault An attempt or intentional act committed with Rape The offender attempts to have or has sexual intercourse with
unlawful force or violence involving the use or threatened use of a another person without the victims consent* whether or not the
weapon or resulting in serious bodily injury to another. Report offender is married to the victim including sexual intercourse with a
attempted Criminal Homicide as Aggravated Assault. (UCA 76-5- child who is under the age of 14. It also includes object rape in
103) which an offender who, without the victims consent, causes the
Examples of serious bodily injury are apparent broken bones, loss of penetration, however slight, of the genital or anal opening of another
teeth, possible internal injury, severe laceration (i.e., one where person by any foreign object, substances, instrument, or device, not
medical attention was provided) or loss of consciousness as a direct including a part of the human body, with intent to cause substantial
result of force inflicted. emotional or bodily pain to the victim or with the intent to arouse or
gratify the sexual desire of any person who is 14 years of age or
Types of Violations:
Distribution The actual, constructive, or attempted sale, transfer, delivery, or dispensing of a prohibited substance or object to another
person.
Possession / Use -- Joint or individual ownership, control, holding, inhalation, injection, or consumption of a prohibited substance or object
[ 58-37-2(1)(dd)].
Resorting -- Being in the company of one or more persons who are engaged in prohibited behavior.
Alcohol/Drug Offenses
Tobacco -- A product containing tobacco in any form. Examples include over-the-counter (non-prescription) and mail order
(look-alike) drugs such as cold medicines, cough syrup, diet pills,
Tobacco products include cigars; smoking tobacco, including sleeping pills, NoDoz, and nicotine patches.
granulated, plug-cut, crimp-cut, ready-rubbed, and any form of Also included in this category are common substances abused as
tobacco suitable for smoking in a pipe or as a cigarette; chewing inhalants including hair spray, gasoline, butane, rubber cement, glue,
tobacco, including Cavendish, Twist, plug, scrap, and any kind of furniture polish, air fresheners, spray paint, liquid correction fluid,
tobacco used for chewing; and snuff or other preparations of inhalers, breath spray, felt tip markers, propane gas, cleaning fluids,
pulverized tobacco. tape head cleaners, aerosol whipped cream propellants, vegetable
sprays, paint-thinners, degreasers, and art or office supply solvents.
Marijuana -- Any part of a plant belonging to the genus cannabis,
including extracts, the resin, and synthetic equivalents [ 58-37- Drug Paraphernalia -- Any item used or intended for use in the
2(1)(v), UCA]. creation, distribution, or use of a controlled substance [Title 58,
Chapter 37a, UCA], e.g. syringes, bongs, roach clips, pipes, water
Some of the many slang terms include pot, herb, weed, boom, Mary pipes, clips, spoons, needles, etc.
Jane, gangster, or chronic. Hashish is a stronger form.
Other Drug Alcohol / Drug offenses that do not fit in any of the
Controlled Substance A drug or other substance regulated by the current categories. For example, the possession of any substance that
Controlled Substances Act [Title 58, chapter 37, UCA]. substantially resembles or is meant to represent any illegal drug or
unauthorized substance.
Examples include methamphetamine, LSD, designer drugs,
phencyclidine (PCP), heroin, etc. Unknown Drug-- A person who appears to be under the influence of
a psychoactive substance but the substance is unknown.
Also included in this category is the unauthorized possession or use
of a prescription drug such as amphetamines, barbiturates, Valium,
codeine, and Ritalin.
Other Offenses
Arson -- To unlawfully and intentionally cause damage to property felony or is reckless as to whether his presence will cause fear for the
by means of fire or explosives. (UCA 76-6-102) safety of another; or knowing his entry or presence is unlawful, he
enters or remains on property as to which notice is given. (UCA 76-
Bullying as per LEA Policy A violation of the LEA policy on 6-206)
bullying (new in 2006-2007). For more on bullying see the
Incident and Offender / Victim Data Definitions Bullying incidents Dangerous Material -- Any material that in its manner of use or
discussion above. intended use presents an unreasonable risk of substantial harm to
persons or property.
Burglary -- To unlawfully enter or remain in a building with the
intent to commit a felony, theft, or assault. (UCA76-6-202) Materials or devices which are intended to be used as weapons
should be coded under Weapons Violation Other Weapon, Firearm
Criminal Homicide (formerly Homicide) -- Causing the death of or Explosive Device.
another. A offender commits criminal homicide if he intentionally,
knowingly, recklessly, with criminal negligence, or acting with a Examples include:
mental state otherwise specified in the statute defining the offense, Explosive materials or blasting agents such as fireworks, black
causes the death of another human being. Criminal homicide is powder, etc.
aggravated murder, murder, manslaughter, child abuse homicide, Incendiary materials such as gasoline, butane, or other
homicide by assault, negligent homicide, or automobile homicide. flammable substances.
Report attempted Criminal Homicide as Aggravated Assault. Rocket-propelled projectiles such as model rockets or bottle
(UCA76-5-201) rockets.
Chemically reactive substances such as sulfuric acid, or
Criminal Trespass (formerly Trespassing / Loitering) -- To enter potentially harmful household or commercial products such as
or remain unlawfully on property and intending to cause annoyance pesticides and caustic cleaning agents
or injury or intending to commit any crime, other than theft or a
Kidnapping -- To unlawfully, and against the will of the victim, Threat / Intimidation -- to express an intent, through word or action,
restrain or detain a person for a substantial period or under to inflict harm upon another person or another persons property.
circumstances exposing the person to a substantial risk of injury. In
the case of a minor, against the will includes an act undertaken Examples include stalking or threats to beat someone up. For threats
without the consent of the minors parent or guardian. [UCA76-5- involving bombs or arson, see Terroristic Threat.
301]
Truancy -- Unauthorized absence from an assigned class or activity
Theft (formerly Larceny/Theft) -- To obtain or exercise during school hours. For reporting purposes, include any truancy
unauthorized control over property with the intent to deprive the where parents are notified in writing or any other administrative
lawful owner or possessor of possession or use. (UCA 76-6-404) action is taken.
Actual or Attempted Robbery -- To attempt or unlawfully and Criminal Mischief (formerly Vandalism / Property Damage) -- To
intentionally take personal property in the possession of another from damage or destroy property with the intention of defrauding an
his person, or immediate presence, against that persons will, by insurer, intentionally tampering with anothers property and as a
means of force or fear in the course of committing a theft, result endangers human life, health or safety or recklessly causes or
commissioning of a theft, or the immediate flight after the attempt or threaten communication, banking, transportation, utility, healthcare
commission of a theft (UCA 76-6-301) or emergency response facilities, food services, or other government
operations; or intentionally damages or defaces anothers property or
Sexual Offenses, Non-forcible Any act undertaken with the intent willfully shoots a missile or object at a vehicle moving or standing.
to arouse or gratify the sexual desire or offend the sensibilities of any (UCA 76-6-106)
person, involving: (a) the touching, whether through clothing or not,
of anothers genitals, buttocks, or anus, or the breast of a female,; (b) Examples include: graffiti, destroying school computer records,
exposure of ones own or anothers underclothing, genitals, buttocks, carving initials or words in desk tops, spray painting on walls, or
or female breast; (c) sexual comments, gestures, actions or writings throwing items at school buses or other vehicles.
which the offender knows or reasonably should know are offensive
and inappropriate; (d) display of lewd or indecent pictures or Other (or Not Classified) -- Violations that do not fit into the current
writings. A sexual offense involving an act described here, is non- offense categories. For example: violation of school rules against
forcible if the persons involved consent to the act and both the carrying a beeper or pager.
Weapons Violations
Types and Weapons and Types of Violations -- For each category projectile with deadly force or a Knife or Sharpened
of Weapons Violation indicated (i.e., Handgun, Rifle/Shotgun, Knife Edge capable of cutting.).
/Sharpened Edge, etc.), select the Type of Weapon (Real or Look- Look-Alike object, device or instrument having or made
Alike) and Type of Violation (Used, Threatened Use, Possession). to have the appearance of a weapon. Examples include
weapons that are broken or non-functional, toy guns and
Note: Several of the Assault Violations (Aggravated Assault, knives, devices made to look like bombs, and any object
Aggravated Sexual Assault, and Aggravated Sexual Abuse of a that is a non-functioning facsimile of a real weapon.
Child) as well as most of the Other Offenses (Arson, Burglary,
Actual/Attempted Robbery, Threat/Intimidation, Dangerous Material, Type of Violation Select one of the following (ordered from
Criminal Homicide, Kidnapping, Terroristic Threat, and Criminal most to least severe): Used, Threatened Use, or Possession. If
Mischief) may involve the use or threatened use of a weapon. If so, two apply, select the more severe violation to report.
please mark both of these offenses. Use or threatened use of a Used The weapon was employed (i.e., a handgun was
weapon will rarely occur in isolation. However, possession of a fired, a stabbing or attempted stabbing took place, an
weapon may occur in isolation. explosive device was detonated, etc.).
Threatened The weapon (or look alike) was brandished
Type of Weapon Select either Real or Look-Alike. If both a or its presence made known and an intention to use was
real and look-alike weapon are possessed (i.e., real handgun and indicated.
look alike handgun), select Real. Possession -- Having real or look alike weapons on their
Real A weapon capable of performing the action implied person, in their locker, under their control, or in their
by its category (i.e., A handgun capable of firing a custody.
4/28/2009 Utah State Office of Education Page 4
(3) The term firearm means
Categories of Weapons There are five categories of weapons in (A) any weapon (including a starter gun) which will or is designed
the system: Handgun; Rifle/Shotgun; BB/Pellet Gun; to or may readily be converted to expel a projectile by the action of
an explosive;
Knife/Sharpened Edge; and Other Weapon, Firearm or Explosive
(B) the frame or receiver of any such weapon;
Device.
(C) any firearm muffler or firearm silencer; or
(D) any destructive device. Such term does not include an antique
Handgun -- A firearm having a short stock designed to be held and firearm.
fired by the use of a single hand and easily concealed upon the (4) The term destructive device means
person. (A) any explosive, incendiary, or poison gas
(i) bomb,
Examples include pistols, derringers, and revolvers. (ii) grenade,
(iii) rocket having a propellant charge of more than four
Rifle -- A weapon intended to be fired from the shoulder and to use ounces,
(iv) missile having an explosive or incendiary charge of
the energy of the explosive in a fixed metallic cartridge to fire a
more than one-quarter ounce,
projectile through a rifled bore. (v) mine, or
(vi) device similar to any of the devices described in the
Shotgun -- A weapon intended to be fired from the shoulder and to preceding clauses;
use the energy of the explosive in a shotgun shell to fire either a (B) any type of weapon (other than a shotgun or a shotgun shell
number of ball shot or a single slug through a smooth bore. which the Attorney General finds is generally recognized as
particularly suitable for sporting purposes) by whatever name
BB or Pellet Gun -- Weapons where a small BB, pellet, or other known which will, or which may be readily converted to, expel a
projectile by the action of an explosive or other propellant, and
projectile (usually 18 caliber or less) is fired through the use of a
which has any barrel with a bore of more than one-half inch in
powerful spring or compressed gas mechanism. diameter; and
(C) any combination of parts either designed or intended for use in
Knife / Sharpened Edge -- Any object with a sharpened edge such converting any device into any destructive device described in
as a knife, bayonet, razor blade, machete, sword, etc. Objects with subparagraph (A) or (B) and from which a destructive device may
sharpened points such as scissors, darts, spikes, nails, and pencils are be readily assembled.
other weapons
Clarifications of this definition from the federal report indicates that
Other Weapon, Firearm or Explosive Device All other weapons. this definition does not apply to items such as toy guns, cap guns, bb
All objects, devices, instruments, materials, or substances, whether guns, and pellet guns.
animate or inanimate, used or intended to be used to inflict death or
serious bodily injury that do not fit in the previous categories. Also, from Guidance Concerning State and Local Responsibilities
Under the Gun-Free Schools Act,:
Examples include:
Explosive or incendiary devices, rockets, missiles, etc. The Secretary interprets the GFSA to allow local school districts to
permit firearms at school when students are participating in school-
Dangerous materials intended to be used or actually used to
sponsored or authorized activities that involve firearms. Similarly, based
inflict harm on or intimidate any person. For examples, see the on the legislative history, the Secretary interprets the GFSA not to forbid
Dangerous Material definition. school districts from allowing firearms at school when students intend to
Objects used as weapons pencils, broken bottles or glass, use firearms solely for before or after school hunting purposes,
chains, rocks, clubs, tire irons, darts, nails, rope, automobile, etc. providing the school district's determination to permit firearms is made
Unconventional weapons spear gun, dart gun, sling shot, bow and disseminated in advance, as part of LEA policy, and is consistent
and arrow, cross bow, spear, martial arts weapons (nunchakus, with the intent and purposes of the GFSA to prevent violence and create
an environment conducive to learning. For example, if a local school
throwing stars, etc.), electrical weapons or devices (stun guns,
district approves an extracurricular program such as a rifle club, or
zip guns, etc.), blow guns, tear gas, pepper spray, etc. allows students to bring firearms solely for before or after school
hunting, the activities would not violate the GFSA if the school district:
Some of this category may be considered as firearms under the Gun- determines that the activity is consistent with the intent and
Free Schools Act. See below for more information. purposes of the GFSA; and
provides notice as part of its Gun-Free Schools policy that
Note: When selecting this category, be sure to fill in the field the activities are approved and authorized; and
describing this weapon. adopts appropriate safeguards to ensure student safety.
If any firearms are to be allowed for these limited purposes, local school
districts are cautioned to consider all applicable local, State, and Federal
Is this a Gun-Free Schools Act Weapon Violation? Each year,
laws pertaining to the possession of firearms. In particular, school
Utah must report data on Gun-Free Schools Act (GFSA) weapons districts should be aware that Federal and some State laws prohibiting
violations. This question will help us do a better job creating that juveniles from possessing handguns may be applicable. School districts
report from the incident data. that permit students to bring firearms to school for these limited
purposes must adopt appropriate safeguards to ensure student safety,
Each time a weapons violation is entered, the question must be consistent with the purposes of the GFSA.
answered: Is this a GFSA weapon violation? For real handguns,
rifles, and shotguns, the answer is yes. For other weapon violations, This document also adds additional clarifications:
the answer is more complicated. Antique firearms are not included in the definition.
The Bureau of Alcohol, Tobacco, and Firearms has advised
In order to answer this question, the LEA must determine if the that Class-C common fireworks are not included in the
weapon fits the federal definition of a firearm. The GFSA references definition of weapon.
the federal definition for firearm as defined in Section 921 of Title 18 The definition of firearm does not include knives.
of the United States Code. The applicable section of this code is:
Actions Taken This section is used to indicate the administrative actions taken for the offender. They are broken out by immediate actions (actions
taken immediately following the incident) and long-term actions (actions taken as a result of a hearing or administrative process)
Some actions require that the number of days be entered. In all cases, this is the number of school days. So rather than placing a student in an alternative
placement for one year, the number of days would by 180.
Note: If the offender is suspended both immediately and long-term, be Hearing Officer Removal This action usually pertains to students with
certain that the days indicated for the long-term suspension are those that disabilities. A hearing officer can order a change of placement for a
are in addition to the short term suspension, i.e., the total of immediate student with a disability to an appropriate interim alternative educational
days and long-term days should equal the total number of days setting for not more than forty-five (45) calendar days if the hearing
suspended. officer, in an expedited due process hearing: (a) determines that the school
or district has demonstrated by substantial evidence that maintaining the
In-School Suspension (ISS) The assignment of a student to a current placement of the student is substantially likely to result in injury to
restrictive program within the students regular school based upon the student or to others, (b) considers the appropriateness of the students
the students misbehavior. current placement, (c) considers whether the school or district has made
reasonable efforts to minimize the risk of harm in the students current
Out-of-School Suspension (OSS) Prohibiting school attendance placement, including the use of supplementary aids and services, or (d)
for fewer than ten consecutive school days. For OSS, you must determines that the interim alternative educational setting that is proposed
select if the student is suspended with or without services. by school personnel who have consulted with the students special
education teacher was selected so as to enable the student to continue to
Expelled Expulsion refers to the removal of the student from his or her progress in the general curriculum and to continue to receive those services
school of residence (including alternative placement) with or without and modifications including those described in the students current
services for ten or more consecutive school days. The expulsion period Individualized Education Plan (IEP), that will enable the student to meet
used for determining whether a school is persistently dangerous is at least the goals set out in that IEP. The interim alternative educational setting
60 consecutive school days. must also include services and modifications designed to address the
behavior to prevent the behavior from recurring. (Utah Special Education
Referred to Law Enforcement Under circumstances amounting to an Rules, p.92-93).
incident of illegal behavior, a referral should be made to local law
enforcement. If you have information about the department (homicide, Other Actions, immediate or long term, that do not fit in one of the
drug, truancy), officer or case number, please include it on the incident and current categories. For example: Transportation suspension, a contract,
offense reporting form. community service, restitution, etc. If the action is for a period of time,
enter the number of school days.
Referred to a Program If the student is referred to a specific program such
as Youth in Custody or a District Youth Offenders program, please indicate
the name of the program.