Glossary of Terms
Used in Reporting
Violent and
Disruptive Incidents
Revised August 1, 2006
For additional information refer to the
“Questions and Answers” document available at: http://www.p12.nysed.gov/sss/SDFSCA/uvirpage.htm.
(Scroll down to the “Questions and
Answers” item and click on one of the links on the right side of the screen.)
Incident Categories
(1) Homicide: Any conduct that results in the death of another person.
(2) Sexual Offenses:
2.1 Forcible Sex Offenses: Involving forcible compulsion and completed
or attempted sexual intercourse, oral sexual conduct, anal sexual conduct or
aggravated sexual contact with or without a weapon including but not limited
to, rape and sodomy. . Pursuant
to Penal Law §130.00(8), "forcible compulsion" means "to
compel by either: (a) use of force; or (b) a threat, express or implied, which
places a person in fear of immediate death or physical injury to himself,
herself or another person, or in fear that he, she or another person will
immediately be kidnapped." Pursuant to Penal Law §130.00(11), "aggravated
sexual contact" means
"inserting, other than for a valid medical purpose, a foreign object in
the vagina, urethra, penis or rectum of a child, thereby causing physical
injury to such child." "Oral
sexual conduct" and "anal sexual conduct" mean oral or anal
sex.
2.2 Other Sex Offenses: involving
inappropriate sexual contact but no forcible compulsion, including, but not
limited to, conduct that may be consensual or involve a child who is incapable
of consent by reason of disability or because he or she is under 17 years of
age, provided that such term shall not include consensual sexual conduct
involving only students, and/or non-students 18 years of age or under, unless
at least one of the individuals participating in the conduct is at least 4
years older than the youngest individual participating in the conduct.
Inappropriate sexual contact but no forcible compulsion includes, but is not limited to, the following:
a) touching or grabbing another student on a part of the body that is generally regarded as private, such as buttocks, breast, genitalia etc.
b) removing a student’s clothing to reveal underwear or private body parts
c) brushing or rubbing against another person in a sexual or provocative manner
d) a student first
rubbing their own genitalia and then touching another person’s body
Note: Verbal sexual harassment should be reported in
category 10 (Intimidation, Harassment, Menacing or Bullying.)
(3) Robbery: Forcible stealing of property from a person by using or threatening the immediate use of physical force upon that person, with or without the use of a weapon.
(4) Assault with Serious Physical Injury: Intentionally or recklessly causing serious physical injury to another person, with or without a weapon, in violation of the school district code of conduct. Pursuant to Penal Law §10.00(10), "serious physical injury" means physical injury, which creates a substantial risk of death, or serious and protracted disfigurement or protracted impairment of health or protracted loss or impairment of the function of any bodily organ. Serious physical injury requires hospitalization or treatment in an emergency room and includes but is not limited to, a bullet wound, a serious stab or puncture wound, fractured or broken bones or teeth, concussions, cuts requiring stitches and any other injury involving risk of death of disfigurement.
(5) Arson: Deliberately starting a fire by using matches, lighters or other devices capable of producing sufficient heat (i.e. magnifying glass) to ignite other combustible items, including, but are not limited to, paper, linens, clothing, and aerosol cans, with the intent to damage or destroy property. Property includes any object belonging to the school, students, school staff or visitors to the school, including personal items of the arsonist.
(6)
Kidnapping: To abduct, as defined in
section 135.00 of the Penal Law, a person, so as to restrain such person with
intent to prevent his or her liberation, by either (a) secreting or holding him
or her in a place where he or she is not likely to be found, or (b) using or
threatening to use deadly physical force with or without a weapon.
(7)
Assault with
Physical Injury: Intentionally or recklessly causing physical injury
(not serious) to another person, with or without a weapon, in violation of the
school district code of conduct.
Physical injury means impairment of physical condition or substantial
pain. Physical injury includes, but is not limited to, black eyes, welts, abrasions, bruises, black
and blue marks, cuts not requiring stitches, and swelling. Substantial pain
includes, but is not limited to, severe headaches, joint, or muscle pain.
(8) Reckless Endangerment: Subjecting individuals to danger by recklessly engaging in conduct that creates a grave risk of death or serious physical injury, but no actual physical injury. The following are examples of incidents that did not result in physical injury but should be reported as reckless endangerment:
a) Throwing an object at another student. The object thrown must be capable of causing a grave risk of death or serious physical injury. A serious physical injury requires hospitalization or treatment in an emergency room and includes, but is not limited to, a bullet wound, a serious stab or puncture wound, fractured or broken bones or teeth, concussions, cuts requiring stitches and any other injury involving risk of death or disfigurement.
b) Incidents involving a person choking another individual, including, but not limited to incidents where a student offender refuses to obey staff directives or interventions to stop choking his or her victim.
c) Brandishing a weapon on a school bus threatening other students, bus driver and/or bus monitor with harm or injury.
d) Driving a car erratically and recklessly in a school parking lot while other student(s), staff, or individuals are present.
(9)
Minor Altercations: involving
physical contact and no physical injury.
Striking,
shoving, or kicking another person or subjecting another person to unwanted
physical contact with intent to harass, alarm or seriously annoy another
person, but no physical injury results. Fights
that do not result in serious physical injury or physical injury are reported
in this category.
(10)
Intimidation, Harassment, Menacing, or
Bullying Behavior and not physical contact:
Threatening, stalking, or
seeking to coerce or compel a person to do something; intentionally placing or attempting to place
another person in fear of imminent physical injury; or engaging in verbal or
physical conduct that threatens another with harm, including intimidation
through the use of epithets or slurs involving race, ethnicity, national
origin, religion, religious practices, gender, sexual orientation, age, or
disability that substantially disrupts the educational process. Incidents not
resulting in a disciplinary or referral action are reported in Item 2 of the Summary
Form. Incidents of harassment
involving physical contact are reported in the Category 9 (Minor
Assaults).
(11)
Burglary: Entering or remaining unlawfully on school property
with intent to commit a crime.
(12)
Criminal Mischief: Intentional or reckless damaging of the property of
the school or of another person, including, but not limited to, vandalism and
the defacing of property with graffiti.
(13)
Larceny or Other Theft Offenses: Unlawful taking and
carrying away of personal property with intent to deprive the rightful owner of
property. Permanently or unlawfully withholding property from another.
(14)
Bomb Threat: A telephoned, written, or electronic message that a bomb, explosive,
chemical, or biological weapon has been or will be placed on school property.
(15)
False Alarm: Falsely activating a fire alarm or other disaster alarm.
(16)
Riot: Four or more persons simultaneously engaging in tumultuous and violent
conduct and thereby intentionally or recklessly causing or creating a grave
risk of physical injury or substantial property damage or causing public
alarm.
(17)
Weapons Possession Only: Possession
of one or more of the weapons listed below, except possession in a classroom or
laboratory as part of an instructional program or in a school-related activity
under the supervision of a teacher or other school personnel as authorized by
school officials. Possession includes bringing a weapon to or possessing a
weapon at school.
Weapons:
a.
a firearm, including, but not limited to, a rifle, shotgun, pistol,
handgun, silencer, electronic dart gun, stun gun, machine gun, air gun, or
spring gun;
b. a switchblade knife, gravity knife, pilum ballistic knife, cane sword, dagger, stiletto, dirk, razor, box cutter, metal knuckle knife, utility knife, or any other dangerous knife;
c. a billy club, blackjack, bludgeon, chukka stick, or metal knuckles;
d. a sandbag or sandclub;
e. a sling shot or slungshot;
f. a martial arts instrument, including, but not limited to, a kung fu star, ninja star, nin-chuck, or shirken;
g. an explosive, including but not limited to, a firecracker or other fireworks;
h. a deadly or dangerous chemical, including, but not limited to, a strong acid or base, mace, or pepper spray;
i.
an imitation gun;
j.
loaded or blank cartridges or other ammunition;
or
k.
any other deadly or dangerous instrument.
17.2 Weapons Confiscated
(Security Screening) (Effective for the 2006-07 data collection period). As
of July 1, 2006, weapons that are detected and confiscated as a result of a
security screening process (scanners, metal detectors, and other devices) upon
entry into the school building should be recorded in this category. The phrase
"upon entry" into the school building means that the weapon(s) is
detected as a result of students, staff or visitors passing through these
devices in order to get into the school building proper. This category is to be
used only for weapons possession incidents that are discovered as a result of
scanning devices at entrances, not within the school building or as a result of
random searches in lockers, etc.
(18)
Use, Possession, or
(19)
Use, Possession, or
(20) Other Disruptive Incidents: Other incidents involving disruption of the educational process and rise to the level of a consequence listed in the Summary Report (columns j-0). Reportable incidents are limited to those resulting in disciplinary action or referral.
Other
Definitions
Disciplinary or Referral Action: For purposes of reporting, a disciplinary or referral action includes a referral to: Counseling or Treatment Programs, Teacher Removal, Suspension from Class or Activities, Out-of-School Suspension, Involuntary Transfer to Alternative Education Program or Law Enforcement/Juvenile Justice. (Refer to definitions below.)
Counseling or Treatment Programs: For purposes of
reporting, referrals to counseling or treatment programs are formal
multi-session interventions, provided by certified or licensed professionals,
aimed at reducing risk factors and increasing protective factors linked to the
identified problem area(s) (i.e., drug/alcohol rehabilitation programs, anger
management programs, etc.). Note:
Routine referrals of a student to a principal or assistant principal for
possible disciplinary action should not be counted as a referral to
counseling or treatment program.
Teacher Removal: For purposes of reporting, a "teacher removal" means the removal of a disruptive pupil from the teacher's classroom pursuant to the provisions of subdivision 3-a of section 3214 of the Education Law. Routine referrals of a student to a principal or assistant principal for possible disciplinary action should not be counted as a teacher removal.
Suspension from Class or Activities: For purposes of
reporting, suspension from class or activities includes in-school suspension
and/or suspensions from school transportation or school/ extracurricular
activities, such as band, choir, or athletics.
Report incidents that result in an in-school suspension that lasts for
at least the equivalent of one school day.
Report suspensions from activities or transportation that exclude the
student from the activity for at least five consecutive school days.
Out-of-School Suspension: The student is suspended from attending school for at least one day.
Transfer to Alternative Education Program: For purposes of reporting, a "transfer to an alternative education program" means any transfer to an educational program in a setting outside of the student's home school to which the student is referred as part of or in lieu of disciplinary action, i.e., as a consequence of the child's misconduct. This includes, but is not limited to, involuntary transfers pursuant to Education Law § 3214(5) and placement of students with disabilities in interim alternative educational settings as a result of violations of the school district code of conduct.
Transfer to Law Enforcement/Juvenile Justice: For purposes of reporting, referrals to law enforcement or juvenile justice include each incident whereby the perpetrator is referred to the police, law enforcement officers, or criminal justice.
Gang Related: An
incident is gang related if it is gang motivated or if gang membership caused
the incident or contributed to actions that occurred during the incident. For
example, an incident of vandalism or robbery might be part of an initiation
into a gang, or a fight might be caused by gang rivalry. Report an incident as
gang-related only if certain that gang membership contributed to the incident.
A gang is an organized group characterized by turf concerns, symbols, special
dress, and/or colors that engages in delinquent or illegal activity. This
definition is from the
Bias Related: An
incident is bias related if
it is motivated by hate due to some characteristics or perceived
characteristics of the victim, including race, gender, religion, color, sexual
orientation, ethnicity, ancestry, national origin, political beliefs, marital
status, age, social and family background, linguistic preference, or
disability. Any act, or attempted act, is bias-related if it is designed to
cause physical injury, emotional suffering, or property damage through
intimidation, harassment, racial/ethnic slurs and bigoted epithets, vandalism, force,
or the threat of force, motivated all or in part by hostility to some real or
perceived characteristic of the victim. This definition is from the