Appalachian State University Academy at Middle Fork Criminal Behavior Policy
I. Introduction
Criminal or other illegal behavior is prohibited. The Appalachian State University Academy At Middle Fork (the “Academy”) is responsible for investigating criminal behavior that may violate Academy policies. Any student engaged in criminal behavior on Academy premises or at Academy activities will be subject to appropriate disciplinary action, as stated in applicable policies, and also may be criminally prosecuted. Academy officials shall cooperate fully with any criminal investigation and prosecution.
II. Policy Scope
This policy shall apply to all students of the Academy.
III. Definitions
3.1 Advisory Board - The Appalachian State University Advisory Board was established pursuant to NCGS 116-239.8(b)(1) to provide advice and guidance to the Chancellor regarding the operation of the Academy.
3.2 Parent(s) - Includes parents, legal guardians, and legal custodians of students who are under 18 years old and who have not been emancipated.
IV. Policy Statements
4.1 Students Charged with or Convicted of Criminal Behavior
The Director of Laboratory Schools and the principal may take reasonable or legally required measures to preserve a safe, orderly environment when a student has been charged with or convicted of a serious crime, regardless of whether the alleged offense was committed on school grounds or was related to school activities. Depending upon the circumstances, including the nature of the crime or alleged crime, the child’s age, and the publicity within the school community, reasonable or legally required efforts may include changing a student’s classroom assignment or transferring the student to another school. The student will continue to be provided with educational opportunities unless and until the student is found to have violated Academy policy or school rules and is suspended or expelled in accordance with Academy policy.
4.2 Reporting Criminal Behavior
4.2.1 Academy employees are permitted to report to law enforcement an assault by a student on the employee. Principals or other supervisors shall not, by threats or in any other manner, intimidate or attempt to intimidate the Academy employee from doing so.
4.2.2 The Director of Laboratory Schools (“Director”) or designee must immediately report to law enforcement the following acts when they have personal knowledge or actual notice from school personnel that such acts have occurred on school property, regardless of the age or grade of the perpetrator or victim:
- assault resulting in serious personal injury;
- sexual assault;
- sexual offense;
- rape;
- kidnapping;
- indecent liberties with a minor;
- assault involving the use of a weapon;
- possession of a firearm in violation of the law;
- possession of a weapon in violation of the law, and
- possession of a controlled substance in violation of the law. A principal who willfully fails to make a required report to law enforcement will be subject to disciplinary action, up to and including dismissal.
4.2.3 The Director or designee shall notify the Dean of the Reich College of Education or designee in writing or by e-mail of any report made to law enforcement. Such notice must occur by the end of the workday in which the incident occurred, when reasonably possible, but not later than the end of the following workday. The Director or designee must also inform the Advisory Board of any such reports.
4.2.4 In addition, the Principal or designee must promptly notify the parents if a school system employee suspects that any criminal offense has been committed against the parents’ child, including but not limited to any of the offenses required to be reported to law enforcement, regardless of where the offense allegedly occurred, unless the incident has been reported to law enforcement or the county child services agency and notification of the parents would impede the investigation.
4.2.5 Certain crimes must be reported to the Department of Public Instruction in accordance with 16 N.C.A.C. 6E .0107.
V. Authority
Gun-Free Schools Act, 20 U.S.C. 7961; G.S. 14-17, -18, -27.21, -27.22, -27.24 through -27.27, -27.29, -27.30, -27.33, -32 through -34.10, -39, -87, -202, -202.1, -202.2, -269.2; ch. 90 art. 5; 114A-10; 115C-47(56), -288(g); 16 N.C.A.C. 6E .0107
VI. Original Effective Date
November 6, 2023