Dangerous Weapons, Arson, Criminal Sexual Conduct

If a student possesses in a weapon-free school zone a weapon that constitutes a "dangerous weapon", commits arson in a school building or on school grounds, or commits criminal sexual conduct in a school building or on school grounds, the Board shall expel the student from the District permanently, subject to possible reinstatement after the expiration of not less than one hundred eighty (180) school days, as provided for within the Michigan Revised School Code. The Board is not required to expel a student for possessing a weapon if the student establishes in a clear and convincing manner at least one (1) of the following:

A.       The object or instrument possessed by the student was not possessed by the student for use as a weapon, or for direct or indirect delivery to another person for use as a weapon.

B.       The weapon was not knowingly possessed by the student.

C.        The student did not know or have reason to know that the object or instrument possessed by the student constituted a dangerous weapon.

D.       The weapon was possessed by the student at the suggestion, request, or direction of, or with the express permission of, school or police authorities.