Page 93 - POLICY GUIDE 2012

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4101.14.2
Alcohol. A student will not possess, sell, distribute, or be under the influence of
alcohol on school property or at any school sponsored or school connected event or activity.
Alcohol as used herein shall mean any alcoholic beverage as defined by the laws of the State
of West Virginia, including but not limited to liquor, wine, or beer or beverages of reduced
alcohol content but which have characteristics similar to liquor, wine, or beer. For the pur-
poses of this paragraph, being under the influence of alcohol shall include having the odor of
alcohol on the breath or the person.
4101.14.3
Battery on a School Employee. A student will not commit battery by unlawfully
attempting to commit a violent injury to the person of a school employee as outlined in W.Va.
Code §61-2-15(a). A provoking nature with the person of a school employee as outlined in
W.Va. Code §61-2-15(b).
4101.14.4
Felony. A student will not commit an act or engage in conduct that would consti-
tute a felony under the laws of this state if committed by an adult as outlined in W.Va. Code
§18A-5-1a(b)(i). Such acts that would constitute a felony include, but are not limited to, arson
(W.Va. Code §61-3-1), assault and battery (W.Va. Code §61-2-9), bomb threat (W.Va. Code
§61-6-17), sexual assault (W.Va. Code §61-8B-3), terrorist act or false information about a
terrorist act, hoax terrorist act (W.Va. Code §61-6-24), burglary (W.Va. Code §61-3-11), rob-
bery (W.Va. Code §61-2-12), and grand larceny (theft of property with a value at or exceeding
$1,000) (W.Va. Code §61-3-13).
4101.14.5
Possession, Sale or Distribution of a Controlled Substance. According to W.Va.
Code §18A-5-1a(b) (ii), a student will not possess, sell, distribute, or be under the influence of
a controlled substance governed by the Uniform Controlled Substances Act as described in
W.Va. Code §60A-1-101, et seq., on the premises of an educational facility or at a school-
sponsored function or on a school bus. Possession with intent to distribute can be inferred
based upon the quantity of the controlled substance in the student’s possession.
4101.14. 6
Possession of Drug Paraphernalia. A student will not have in his possession drug
paraphernalia on school property, school bus, or at any school-sponsored activity.
4101.14.7
Possession, Sale, or Distribution of Medication. A student shall not possess any
prescription medication not prescribed by a physician for the student in possession of the
medication. A student will not sell or distribute a prescription or non-prescription drug
(controlled or non-controlled) on the premises of an educational facility, at a school-sponsored
function, or on a school bus.
4101.14.8
Possession of a Firearm or Deadly Weapon. According to W.Va. Code §18A-5-1a
(a), a student will not possess a firearm or deadly weapon as defined in W.Va. Code §61-7-2,
on any school bus as defined in W.Va. Code §17A-1-1, or in or on any public or private pri-
mary or secondary education building, structure, facility or grounds thereof, including any