VIRGINIA BEACH, Va. — How are students punished when there are threats in school and weapons on campus?
The Virginia Beach Superintendent Dr. Aaron Spence recently said there's been a rise in problematic behavior in schools both in the Hampton Roads region and across the country.
A News 3 investigation has been examining the rules and the laws.
One mother of a student at Kempsville Middle School, who we are not identifying, said her son made a threat to another student.
“My son blurted out, ‘Dude, shut up or I’m going to shoot you,'” she said.
The mother said the threat caused the 13-year-old to get into big trouble. She said he made the comment on a Friday at school, and the student who the threat was directed towards told his parents over the weekend and the school was notified on Sunday.
She said her son was contacted by staff at the school first thing on Monday morning when he got off the bus.
“The police officer, the safety resource officers then promptly put handcuffs on him and took my child down to juvenile intake,” she said.
She said he was charged with a misdemeanor for disturbing the peace, got suspended for nine days and had probation for about five months at the school.
She admits that what he did was wrong.
In January, another incident at the same school happened when a student brought a BB gun to school.
Another parent, who also didn’t want to be identified, told News 3 that her son traded his BB gun for a pair of Nikes to another student over the weekend when the kids were hanging out.
She said the BB gun got traded again to another student who bought it to school.
Virginia Beach Police issued the following statement to News 3 about the situation:
All school threats are investigated by the School Resource Officer or a Detective. The Commonwealth's Attorney assists with the prosecution of these cases, so each scenario is screened with them to determine the appropriate disposition/charges after the investigation has been completed. The case you referenced at Kempsville Middle School was screened and prosecution was declined. The gun was a CO2 powered BB gun that does not meet the state code for a firearm on school property. The circumstances where it was identified also did not meet the threshold for other criminal charges.
“Any student who brings any kind of weapon in our buildings is automatically going to be recommended for expulsion,” said Superintendent Spence.
We asked Spence about these cases.
“I am not going to comment on any specific case because it would be inappropriate for me to do so, and I want to protect those children’s privacy. Every case we take on is a case-by-case basis. We have a student code of conduct. We work through that process. We also work with our school resource officers if it’s a criminal matter… they make the decision whether or not students are charged, along with the Commonwealth Attorney. We don’t make those decisions,” said Spence.
Spence said the district will make decisions about expulsions, suspensions or other forms of punishment. He said any student who brings any kind of weapon into their buildings is automatically going to be recommended for expulsion. He added that they are going to go through a hearing process, typically with the school board, where a decision about their future will be made.
He said each incident is handled on a case-by-case basis.
We reached out to the Virginia Beach Commonwealth Attorney’s Office who issued the following statement:
We cannot comment on specific pending cases, especially those involving juveniles. Oftentimes the Virginia Beach Police Department contacts the CWA Office Duty Attorney or a Juvenile Prosecution Team Attorney to screen threats of violence to Virginia Beach schools. Which charges result, if any, depends on very specific facts as each case is unique. Considerations include the age and mental capacity of the juvenile, the nature of the threat, and the available evidence.
For years, we have seen students charged with criminal offenses, face disciplinary action at school, and even held in secure detention for making verbal, written, and electronic threats. All threats are taken seriously by this office, even those the juvenile may not intend to carry out. We’ve dedicated countless hours to speaking to students at all levels – elementary, middle, and high school – with the goal of conveying to them how serious the consequences can be.
The mother we interviewed said, “What infuriates me about that situation was my son said a word that wasn’t reported for three days after he said it. He had no weapons on him. He got arrested and taken down to juvenile intake.”
She does not think it is fair that another student brought a BB gun to school and did not face any criminal charges.
After having conflicts with the principal at her son’s school about this issue, the mother provided us with a copy of a letter she received.
In the letter, the principal claimed that her disruptive conduct and inappropriate interactions with administration and staff presented a safety concern.
It states she can’t have contact with staff without the principal’s approval. She is limited to one email or telephone call per week directed only to the principal.
When News 3 asked Superintendent Spence, he refused to comment on specific cases.
We reached out to the Virginia Beach School District, who provided us with the following answers to our questions:
As for a set protocol, situations vary and administrators and SROs handle each accordingly, but they typically start by interviewing the student and then recommendations for discipline are made following any investigation that takes place.
What is the protocol for a student bringing a pellet or BB gun to school?
School administration will question and search the student/their belongings if there is reasonable suspicion to believe they have a weapon. We train designated personnel, including principals, in how to properly conduct these types of searches.
What is the protocol if a student makes a threat to shoot another person?
This follows a similar protocol as to when there is a weapon. Administrators assess the situation and notify VBPD. They’ll generally interview the student and make a recommendation for disciplinary action.
What kinds of weapons could get a child expelled from school? From page 42 of the Student Code of Conduct:
BSC 27: Weapons: Possessing any weapon (other than a firearm) as defined by §18.2-308.1. Possession includes bringing onto school property and/or storing in vehicle, locker or other receptacle. Pneumatic Weapon (BB/Pellet Gun or Rifle, Paint Ball Gun) Possession, handling, using, or distribution of pellet guns, BB guns, paint ball guns, air pistols and all other devices under the definition of pneumatic weapon in the Code of Virginia. Look-alike Firearm Possession of an instrument or device that resembles or looks like a pistol, revolver, or any type of weapon but not capable of propelling a missile. May include but not be limited to a cap pistol, water pistol, or any look-alike gun. Principal may determine if a look-alike is a weapon by considering the following: 1. Whether it is reasonable that a person would mistake the object for a weapon; 2. Whether the object was used for the purpose of threatening, intimidating, harassing, or harming another person; and/or 3. Whether it was the intent of the student who possessed, handled, used, or distributed the object to cause another person, or other persons, to believe that the object was, in fact, a weapon. Knife Possessing or bringing to school or school-sponsored event any sharp-edged instrument that is classified as a knife with a blade of three inches or more. Razor Blade or Box Cutter Ammunition Possession of any bullet, shell, cartridge, case, primer, or propellant powder designed for use in any firearm. Other Weapon Possession of any object or substance that could cause injury including (but not limited to) slingshots, ice picks, knives less than three inches long, multi-fingered rings, heavy chains, metal knuckles, clubs, stink bombs, itching powder, martial arts objects, chemical bombs; the use of any object or any substance that will potentially cause harm, irritation, or bodily injury to students or any other persons; giving a dangerous liquid, pill, or substance that causes illness; and laser pens, firearm mufflers and firearm silencers when used to potentially cause harm, injury, or irritation. Taser or Stun Gun Possessing or bringing any mechanism that is designed to emit an electronic, magnetic or other charge or shock through the use of a projectile or exceeds the equivalency of five milliamp 60 hertz shock and used for the purpose of temporarily incapacitating a person.
