2/05/2011

Another wacky Zero-tolerence outcome at a public school

Despite what the police officer says, assault is not always criminal assault.

The family of a Virginia teen suspended for the remainder of the school year for shooting plastic "spitwads" at students in the hallway is targeting the school district's zero-tolerance policy, claiming that it's "criminalizing childish behavior."
Andrew Mikel II, a freshman honor student at Spotsylvania High School who also is active in Junior ROTC, is filling an appeal to be reinstated and have his record cleared after school officials suspended him for using what appeared to be the hollow body of a pen to blow small plastic balls at three students during his lunch period last December.
The 14-year-old initially was hit with a 10-day suspension, but the Spotsylvania County School Board later voted to extend the punishment for the rest of the school year, citing the Student Code of Conduct's requirement that a student found with "any type of weapon, or object used to intimidate, threaten or harm others" be "expelled for a minimum of 365 days" unless "special circumstances exist."
The district also referred the case to the Spotsylvania Sheriff's Office, which charged him with three counts of misdemeanor assault.
As result Mikel entered a diversion program – which includes community service and substance abuse and anger management counseling – to avoid prosecution, but his father says his damaged record has shattered his hopes of attending the U.S. Naval Academy after graduation.
Capt. Liz Scott Spotsylvania Sherriff's Office says while Mikel's punishment may be controversial, "assault is assault is assault." . . .


UPDATE: Yet another story from New Jersey is here.

A 7-year-old child allegedly shot a Nerf-style toy gun in his Hammonton, N.J., school Jan. 18. No one was hurt, but the pint-size softshooter now faces misdemeanor criminal charges.
Hammonton Police began an investigation into the “suspicious activity” at the Hammonton Early Childhood Education Center Jan. 18 after school officials alerted them to the incident.
The "gun" the child brought to school was a $5 toy gun, similar to a Nerf gun, that shoots soft ping pong type balls, according to the school's superintendent.
Officials also say that there was no evidence of anyone being threatened. The child's mother told school officials that she didn't know her son brought the toy to school. . . .

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