Fighting in School District Policies vs. State Law

Fighting in SchoolDistrict Policies vs. State Law Martin Von Flowers I Bibb County School District Campus Police Officer

Why is the topic of fighting important? • Fighting in school is a major concern in most Georgia schools and is one of the most common student behaviors which require disciplinary actions by school staff, administration, and law enforcement officers. • Fighting often leads to severe punishments such as suspension, alternative school, expulsion, and arrest. This ultimately leads to a greater risk of students dropping out and not achieving academic success.

Purpose • The primary purpose of this lesson is to describe, compare, and contrast current Georgia laws and school policies about fighting.

Performance Objective Students will: • Understand the difference between state criminal law and school’s code of conduct with regards to fighting/self-defense. • Be able to explain what simple battery is • Be able to explain what zero tolerance is • Be able to explain what affray is • Be able to relate the difference between affray and simple battery • Interpret between a good and bad disciplinary charge

Enabling Objective Students will: • be able to apply new knowledge in order to prevent inappropriate disciplinary actions with students who are fighting.

Background Information • Over the past decade, Georgia schools have faced a daunting challenge as they seek to ensure the safety of students and staff in an era of intense public concern of school safety.

Background Information • Faced with public pressure, many school systems in Georgia, and across the nation, have adopted more punitive disciplinary practices providing for sanctions against students for any action that might be interpreted as a threat to school safety.

Background Information • The desire to avoid perceived legal liability and possible accusations of discriminatory or unfair actions against students has led many systems to develop rigid disciplinary codes, often referred to as “Zero Tolerance.”

What does Georgia State law say about fighting? O.C.G.A. 16-3-21 When use of force is justified in defense of self or others. A person is “justified” in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to defend himself/herself or a 3rd person against such other’s imminent use of unlawful force.

What does the Code of Conduct say about fighting? (varies from district to district) Bibb County Code of Conduct A student under attack should detach himself/herself from the situation and get an adult to help; this action would constitute “self-defense” on the attacked student’s part. A fight occurs when the student strikes back and actively engages in the altercation. Disciplinary consequences may be different for an aggressor than for a victim.

DISCUSSIONWhat are the differences between the Georgia State law 16-3-21 and the school code of conduct just reviewed?

Zero Tolerance • Many school districts have recently implemented “ zero tolerance” fighting policies. What this means varies from district to district, but it generally involves severe punishments for anyone involved in fighting, without regard to any details of the case.

ZERO TOLERANCE • In practice zero tolerance means that those who attack others and those who defend themselves are EQUALLY punished. • Law suits have been brought against school districts because students have sustained severe injuries in a fight because they did not defend themselves out of respect for the school policy. • These cases pose several interesting questions about the way schools are administered, and, more importantly about a trend in which even self defense has come to be viewed as inappropriate, unsanctioned, and potentially illegal violence.

What is Simple Battery? A person commits the offense of simple battery when he or she either: • Intentionally makes physical contact of an insulting or provoking nature with the person of another; or • Intentionally causes physical harm to another.

What is Affray? An affray is the fighting by two or more persons in some public place to the disturbance of the public tranquility. A person who commits the offense of affray is guilty of a misdemeanor.

DISCUSSIONWhat are the differences between affray and simple battery?

Practice Activity Show Video Clip 3 minutes

Discussion Questions After viewing the video clip, what action would you take pertaining to this fight? • Charge with affray • Charge with simple battery • Let school administration discipline

Sub-Point 1 Problems of Administration

How do schools deal with violence, and why do many opt for Zero Tolerance policies? • Some believe that policies will reduce fighting in general. If both parties know they will be severely punished, no matter what the reason, then both sides should be less inclined to fight one another. • They believe students who find themselves in a bad situation should run away and find a legitimate authority quickly. NEVER should they take justice into their own hands. • Some believe, “It’s better to punish them all than try to sort it out when we don’t have all the facts.” and “The good kids aren’t really involved in fights anyways.”

Sub-Point # 2 Societal Views

Society certainly holds individuals to a different standard outside the school system. Almost every moral code recognizes the right to self-defense. Even the US legal system has a strong tradition of protecting individuals who take matters into their own hands.

Sub-Topic # 3 Lack of self-control and conflict resolution skills

Children of today….. • Kids fight harder and are more violent then ever before. It can be viewed as barbaric, the way children have no remorse or compassion for each other, stopping nothing short of physically harming each other to the point of serious bodily injury or death.

How can you use this information on your job? The information learned will: • help to ensure that proper disciplinary actions and/or charges will be utilized when dealing with students who fight in school. • help to educate school staff with regards to Georgia state criminal law in the area of fighting and self-defense.

Conclusion • There is a fine line to be walked between appeasing communities that demand tough punishments and setting common sense rules that allow people the basic right of self defense. Furthermore, dispute resolution through the courts often leaves the school districts with even more problems that they began with.

Conclusion continued….. • What is clear is that Zero Tolerance policies that forbid self-defense, limit consideration of critical circumstances, encourages mass hysteria, and an injustice to victimized students. These policies ought to be fought outright.

Finally………………… Zero tolerance leads to dramatic increases in students being removed from school and/or prosecuted. When the arrest of a student is accompanied by student removal, the ability of the juvenile court system to positively impact a youth’s behavior is severely restricted.

Fighting in School District Policies vs. State Law