Page 94 - POLICY GUIDE 2012

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vocational education building, structure, facility or grounds thereof, or at any school-
sponsored function as defined in W.Va. Code §61-7-11a.
As defined in W.Va. Code §61-7-2, a "dangerous weapon" means any device
intended to cause injury or bodily harm, any device used in a threatening manner that
could cause injury or bodily harm, or any device that is primarily used for self protection.
Dangerous weapons include, but are not limited to, razor blades, box cutters
gravity knife, knife, switchblade knife, nunchuks, metallic or false knuckles, firearms
including pistol, revolver, BB or pellet guns. A dangerous weapon may also include the
use of a legitimate tool, instrument, or equipment as a weapon including, but not limited
to, pens, pencils, compasses, or combs, with the intent to harm another. A pocket knife
with a blade of three and one-half inches or less shall not be included in the definition of
knife as defined in WV Code §61-7-2 unless such knife is knowingly used or intended to
be used to produce serious bodily injury or death. This also includes any item of like char-
acter to a weapon (look-alike, a facsimile) which may or may not be concealed, any item
that will or is designed to or may readily be converted to expel a projectile by the action
of an explosive, the frame or receiver of any weapon described above, any firearm muf-
fler or firearm silencer, any explosive, incendiary, or poison gas including but not limited
to a bomb, grenade, rocket having a propellant charge of more than four ounces, missile
having an explosive or incendiary charge of more than one-quarter ounce, mine or simi-
lar device, any weapon which will, or may be readily converted to expel a projectile by
the action of an explosive or other propellant, and has any barrel with a bore of more than
one-half inch in diameter, any combination of parts either designed or intended for use in
converting any device into any destructive device described in the two immediately pre-
ceding examples, and from which a destructive device may be readily assembled, mace,
pepper spray or other similar items, firecrackers or other similar devices.
4101.15 School Responses to Level IV Procedures
Level IV Procedures. The administrator shall make an immediate referral to civil
authorities and/or law enforcement. When any student is to be interviewed in connection with
an investigation pursuant to a Level IV violation, a reasonable effort shall be made to contact
the student’s parent, custodian, or guardian and invite them to be present during such inter-
view, provided that such notification does not compromise overall school/student safety.
W.Va. Code §18A-5-1 and §18A-5-1a require mandatory suspension by the principal and
mandatory expulsion for a period of not less than twelve (12) consecutive months by the
county board of education for: possession of a deadly weapon as defined in W.Va. Code
§61.7.11(9), assault of a school employee, or the sale or distribution of alcohol, controlled
substance(s) or prescription drugs. Procedures that must be followed when dealing with an
expulsion are outlined in W.Va. Code §18A-5-1 and §18A-5-1a.