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10.33- AR GANG POLICY

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Talbot County Public Schools
Policy Code- 10.33-AR

Easton, MD 21601
ADOPTED: 05/18/11



Policy to Address Gangs, Gang Activity,

and Similar Destructive or Illegal Group Behavior

  • Definitions
  • Procedures for reporting suspected gang activity or similar destructive or illegal group behavior.
  • Procedures for prompt investigation of suspected gang activity or similar destructive or illegal group behavior.
  • Information about the types of services, including family support services, for a student suspected of participating in gang activity.
  • Standard consequences and remedial actions for individuals engaged in gang activity or similar destructive or illegal group behavior or for individuals found to have made false accusations.
  • Recommendations concerning the mandated gang prevention and intervention services and programs for students that maximize community participation and the use of federal funding.
  • RESOURCES
  • Gang – “Criminal gang” means a group or association of three or more persons whose members:
  • Gang Activity – “Pattern of criminal gang activity” means the commission of, attempted commission

(1) individually or collectively engage in a pattern of criminal activity;

(2) have as one of their primary objectives or activities the commission of one or more

underlying crimes (see page 16), including acts by juveniles that would be underlying crimes if committed by adults; and

(3) have in common an overt or covert organizational or command structure.

(Criminal Law §9-801. Definitions, Annotated Code)

of, conspiracy to commit, or solicitation of two or more underlying crimes (see page 16) or acts by a juvenile that would be an underlying crime if committed by an adult.

(Criminal Law §9-801 (d). Definitions, Annotated Code)

(a) Activities on or near school vehicles or property. – A person may not threaten an individual, or a friend or family member of an individual with use of physical force or violence to coerce, induce, or solicit the individual to participate in or prevent the individual from leaving a criminal gang: (1) in a school vehicle, as defined under §11-154 of the Transportation Article; or (2) in, or within 1,000 feet of real property owned or leased to an elementary school, secondary school, or county board of education and used for elementary or secondary education.

(b) Applicability. – Subsection (a) of this section applies whether or not: (1) school was in session at the time of the crime; or (2) the real property was being used for purposes other than school purposes at the time of the crime.

(Criminal Law §9-803. Criminal gang activity - Schools, Annotated Code)

  1. Obtaining Information from Internal Sources:
    1. Obtaining Information From External Sources:
      1. Sharing Information Within the School System:
        1. Sharing Information with Entities External to the School:

          A quick, through investigation is important for school safety reasons and for the implementation of required prevention and intervention strategies. Investigations must comply with COMAR 13A.08.01.11, Disciplinary Action, and 13A.08.03, Discipline of Students with Disabilities. The following procedures for promptly investigating suspected gang activity or similar destructive or illegal group behavior are to be followed.

          1. Upon receipt of a Gang-Related Incident Report, the principal or designee, assistant principal, and the school security officer shall initiate an investigation within 24 hours. If the report is of a high level of severity (criminal activity, imminent danger or disruption) the investigation shall be initiated immediately but not later than 24 hours. The Office of Student Services shall be notified when GANG-RELATED INCIDENT REPORTS have been received and are under investigation.
          2. Principals, assistant principals or the administrative designee shall notify parents of the offender and/or victim of the allegation.
          3. Principals, assistant principals or the administrative designee will apply consequences and/or remedial actions consistent with due process rights and in accordance with COMAR 13A.08.01.11 and 13A.08.03 using a range of consequences/remedial actions indicated in the school system’s Policy to Address Gangs, Gang Activity, and Similar Destructive or Illegal Group Behavior and in the Code of Student Conduct.
          4. Using the Gang-Related Incident Investigation Form, the principal or school security officer will create a written record of the gang-related incident and the investigation including victim, witnesses, and offender statements. Discussions with all parties should be documented as soon as possible after the event. Any material records or evidence should not be discarded while a criminal investigation or prosecution resulting from the incident is ongoing.

          Schools will provide the following information about supports and services available for students who are “at risk” for and/or suspected of participating in gang activity and their families. Information about other available supports and services, that are consistent with the policies and procedures of the local board of education, should also be provided.

          1. Gang awareness education (for students, parents, school faculty/personnel, law enforcement, and community stakeholders) that at the least shows promise of effectiveness based on research. The gang awareness education information should be revised and updated regularly to reflect current trends in gang and gang-like activity.
          2. Culturally and/or linguistically appropriate services/supports for parents and families.
          3. Counseling coupled with mentoring for students and their families.
          4. Community and faith-based organizations (churches, synagogues, fraternities, sororities) and civic groups including grass-roots groups – e.g. Gang Resistance Education And Training (G.R.E.A.T.) Program, Mentoring Male Teens in the Hood, New Visions, Pride Youth Services, Boys & Girls Clubs, programs developed by former gang members and evidenced-based services as appropriate.
          5. Viable, sustainable after-school programs developed in collaboration with other stakeholders.
          6. Job training and employment opportunities as both a deterrent to gang involvement and an incentive to leave gang involvement.
          7. School sanctioned/facilitated extra-curricular activities.

          Consequences and remedial actions for individuals engaged in gang activity or similar destructive or illegal group behavior or for individuals who have made false accusations should be consistently and fairly applied after timely and appropriate investigation, consistent with due process procedures, has determined that such an offense has occurred. The following list of consequences and remedial actions is presented in no particular order and is provided as a guide that by no means limits principals/designees from implementing other additional consequences and remedial actions.

          Standard Consequences

          • Time out
          • Loss of a privilege
          • Verbal reprimand
          • Detention
          • Reassignment of seats in class, cafeteria or bus
          • Reassignment of classes
          • Reassignment to another mode of transportation
          • Reassignment to another school
          • Completion of letter of acknowledgement of action, with apology, to victim (after review by staff)
          • Reparation to victim in the form of payment for or repair of damage to possession
          • In-school suspension
          • Out-of-school suspension
          • Extended suspension
          • Transfer to an appropriate alternative program
          • Referral to law enforcement
          • Expulsion
          • Parent/Student Conference
          • Counseling with school counselor or school psychologist
          • Gang awareness education
          • Behavioral contract
          • Positive behavioral supports – e.g. functional behavioral assessment; behavioral intervention plan; remediation of problem behaviors that takes into account the nature of the offense, the development level of the student, and the students history
          • Referral to an external agency
          • Participation in counseling (delivered by a school or community mental health provider)
          • Cooperation with a behavioral management program developed in consultation with a mental health professional
          • Satisfactory completion of community service

          Remedial Actions

          The following recommendations concerning gang prevention and intervention services and programs for students that maximize community participation and the use of federal funding are presented as a guide as mandated by the law (Education §7-424.2, Annotated Code). Schools are encouraged to collaborate with stakeholders to provide gang prevention and intervention services and programs according to the policies and procedures of the Talbot County Board of Education.

          1. Provide training for staff and teachers (first level responders) on gang prevention and intervention resources at least annually. The gang awareness information should be revised and updated regularly to reflect current trends in gang and gang-like activity.
          2. Create formalized collaboration plans between local school boards and community-based prevention and intervention service providers (possibly using local management boards as points of contact). The formalized collaborations should make effective, coordinated, and maximized use of federal funding a priority.
          3. Work with community partners to identify service providers that effectively deliver prevention/intervention services (possibly develop a service provider certification program).
          4. Coordinate prevention and intervention services at the school level.
          5. Coordinate resources and funding opportunities to support gang prevention/intervention activities.
          6. Use the State’s gang website as a resource for gang prevention/intervention information exchange (www.gangs.umd.edu).
          7. Consider infusing the Gang Resistance Education and Training (G.R.E.A.T.) Program into the curricula.
          8. Use the Maryland Community Services Locator Project (www.mdcsl.org) at the school level as a resource for training first level responders (school staff).
          9. Integrate the School Resource Officer Program it with Drug Abuse Resistance Education (D.A.R.E.) and G.R.E.A.T. programs when available/possible.

          • Annotated Code of Maryland, Education, 2008.
          • Annotated Code of Maryland, Criminal Law, 2008.
          • Code of Maryland Regulations (COMAR), Title 13A, State Board of Education
          • Governor’s Office of Crime Control and Prevention, Maryland Statewide Gang Planning Workgroup Strategy Report 2006, May 30, 2006.
          • Maryland Department of Safety and Correctional Services, Kaizen Project: Maryland’s Comprehensive Strategy to Reduce Gang Violence, Final Report, January 23, 2009
            • crime of violence as defined under §14-101 Criminal Law
            • second degree assault
            • wearing, carrying, or transporting a handgun
            • inducing false testimony or avoidance of subpoena
            • retaliation for testimony
            • intimidating or corrupting juror
            • human trafficking
            • receiving earnings of prostitute or house of prostitution
            • felony violation of extortion
            • manufacture or possession of destructive device
            • distribution of CDS
            • manufacturing CDS or equipment
            • second degree arson
            • first degree burglary
            • second degree burglary
            • third degree burglary
            • theft
            • unauthorized use of a motor vehicle
            • felony violation of §5-133 of the Public Safety Article

          Gang-Related Incident Reporting Form

          Directions: This is a form to report alleged gang activity and similar destructive or illegal group behavior or to report reprisal or retaliation against individuals who report gang activity and similar destructive or illegal group behavior or who are victims, witnesses, bystanders, or others with reliable information about an act of gang activity and similar destructive or illegal group behavior which occurred on school property, on school buses, or at school-sponsored events.

          Gang: “Criminal Gang” means a group or association of three or more persons whose members:

          (1) individually or collectively engage in a pattern of criminal gang activity;

          (2) have as one of their primary objectives or activities the commission of one or more underlying crimes, including acts by juveniles that would be underlying crimes if committed adults; and

          (3) have in common an overt or covert organizational or command structure.

          Gang Activity: “Pattern of criminal gang activity” means the commission of, attempted commission of, conspiracy to commit, or solicitation of two or more underlying crimes or acts by a juvenile that would be an underlying crime if committed by an adult.

          (a) Activities on or near school vehicles or property. – A person may not threaten an individual, or a friend or family member of an individual with use of physical force or violence to coerce, induce, or solicit the individual to participate in or prevent the individual from leaving a criminal gang: (1) in a school vehicle, as defined under §11-154 of the Transportation Article; or (2) in, or within 1,00 feet of real property owned or leased to an elementary school, secondary school, or county board of education and used for elementary or secondary education.

          (b) Applicability. – Subsection (a) of this section applies whether or not : (1) school was in session at the time of the crime; or (2) the real property was being used for purposes other than school purposes at the time of the crime.

          Today’s date: _________ / _________ / ___________ School: ___________________________________

          Month Day Year

          School System: ______________________________

          Person Reporting Incident Name: __________________________________________

          Telephone: ___________________________ E-mail: _________________________________________

          Place an X in the appropriate box: q Student q Student (Witness/Bystander) q School Staff

          q Other_______________________________________________________________________

          1. Name of student victim: ____________________________________________________ Age: _________

          (Please print)

          2. Name(s) of alleged offender(s) (If known): (Please print) Age School Is he/she a student?

          (if known)

          _____________________________________________ _______ _______________________ q Yes q No

          _____________________________________________ _______ _______________________ q Yes q No

          _____________________________________________ _______ _______________________ q Yes q No

          3. On what date(s) did the incident happen?

          _______ / ________/ _________ _______ / _______ / ________ _______ / ________/ _________

          Month Day Year Month Day Year Month Day Year

          4. Please describe what occurred:

          ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

          ________________________________________________________________________________________________________

          5. Where did the incident occur (choose all that apply)?

          q On school property q At a school-sponsored activity or event off school property

          q On a school bus q On the way to/from school*

          *Will be collected unless specifically excluded by local board policy

          6. What did the alleged offender(s) say or do?

          ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

          (Attach a separate sheet if necessary)

          7. Why did the activity occur? ________________________________________________________________________________

          ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

          (Attach a separate sheet if necessary)

          8. Did a physical injury result from this incident? Place an X next to one of the following:

          q No q Yes, but it did not require medical attention q Yes, and it required medical attention

          9. If there was a physical injury, do you think there will be permanent effects? q Yes q No

          10. Was the student victim absent from school as a result of the incident? q Yes q No

          If yes, how many days was the student victim absent from school as a result of the incident? _________

          11. Did a psychological injury result from this incident? Place an X next to one of the following:

          q No q Yes, but psychological services have not been sought q Yes, and psychological services have

          been sought

          12. Is there any additional information you would like to provide (e.g. name of gang, clique, crew, or group, if known)? ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

          ________________________________________________________________________________________________________________________________________________________________________________________________________________

          ________________________________________________________________________________________________________________________________________________________________________________________________________________

          (Attach a separate sheet if necessary)

          Signature: _______________________________________________________________________ Date: _________________


          Gang-Related Incident Investigation Form

          School Personnel Completing Form: ______________________________ Position:________________________

          Today’s date: _________ / _________ / ___________ School:________________________________

          Month Day Year

          School System:______________________________

          Person Reporting Incident (From reporting form) Name: _____________________________________________________________

          Telephone: ___________________________ E-mail:___________________________________________

          Place an X in the appropriate box: q Student q Student (Witness/Bystander) q School Staff

          q Other__________________________________________

          1. Name of student victim: ___________________________________ Age: ____­_ Days absent due to incident:_______________

          (Please print)

          2. Name(s) of alleged offender(s) (If known): Age School Is he/she a student? Days

          Absent?

          _________________________________________________ ___ ________________________ q Yes q No ______

          _________________________________________________ ___ ________________________ q Yes q No ______

          _________________________________________________ ___ ________________________ q Yes q No ______

          (Please print)

          Total number of alleged offenders: ______________

          Investigation

          3. What actions were taken to investigate this incident? (choose all that apply)


          q Interviewed student victim

          q Interviewed alleged offender(s)

          q Interviewed witnesses

          q Witness statements collected in writing

          q Interviewed school nurse

          q Reviewed any medical information available

          q Interviewed teachers and/or school staff

          q Interviewed student victim’s parent/guardian

          q Interviewed alleged offender’s parent/guardian

          q Examined physical evidence

          q Conducted student record review

          q Obtained copy of police report

          q Other (specify) _______________________________________


          4. Why did the incident occur?

          ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________

          a. Is the victim in danger of retaliation? __Yes __No

          b. Is the incident of a severe nature? __Yes __No

          5. What corrective actions were taken in this case (choose all that apply)?

          q None were required, this was a false allegation q Offender arrested

          q None, the incident did not warrant any corrective action q Offender detained

          q Student conference q Offender referred to Alternative Program

          q Student warning q Restitution made

          q Letter of apology q Community Service

          q Mediation q Multi-party dispute resolution

          q Counseling q Notified law enforcement

          q Parent letter

          q Parent phone call

          q Parent conference

          q Detention

          q In-school suspension

          q Out-of-school suspension/expulsion

          q Other (specify) ______________________________

          6. Additional pertinent information gained during the interview :

          ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

          7. Investigator notes, if any: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

          Signature:___________________________________________________________ Date:_____________________________


          Criminal Law §9-801, Annotated Code – Underlying Crimes