Glossary of Terms
Used in Reporting
Violent and
Disruptive Incidents
Revised OCTOBER 2007
For additional information refer to the
“Questions and Answers” document available at: http://www.emsc.nysed.gov/sss/SDFSCA/uvir/home_uvir_vadir.htm
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Incident Categories
(1)
Homicide: Any conduct which results in
the death of another person, with or without a weapon.
(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, with or without a
weapon. Other sex offenses, includes,
but is 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. However, it does not
include consensual conduct involving 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 participant.
Inappropriate sexual contact requires physical contact with another person but no
forcible compulsion. It includes, but is
not limited to, the following conduct:
d.
a student first
rubbing his/her own genitalia and then touching another person’s body
Note: Verbal sexual harassment is reported in category 10 (Intimidation,
Harassment, Menacing or Bullying). Self-exposure or “mooning,” depending on the circumstances,
are reported in either category 10 (Intimidation, Harassment, Menacing or Bullying)
or category 20 (Other Disruptive Incident).
(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 a weapon.
(4)
Assault with Serious Physical Injury: Intentionally or recklessly causing serious physical
injury to another person, with or without a weapon. Pursuant to Penal Law §10.00(10), "serious
physical injury" means
physical injury creating 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 or disfigurement.
(5)
Arson: Deliberately starting a
fire with intent to damage or destroy property, with or without a weapon. The fire may be started by using matches,
lighters or other devices capable of producing sufficient heat (i.e. magnifying
glass) to ignite other combustible items, including, but not limited to, paper, linens, clothing,
and aerosol cans, with or without a weapon.
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 Penal
Law §135.00, 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. 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, with
or without a weapon. 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, with or without a weapon. 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 No 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, with or without a weapon. Incidents not
resulting in a disciplinary or referral action are reported in Item 2 of the Summary
of Violent and Disruptive Incidents Form. Incidents of harassment involving
physical contact are reported in the Category 9 (Minor Altercations).
Verbal sexual harassment is also reported in
category 10. Self-exposure
or “mooning,” depending on the circumstances, are reported in either category
10 (Intimidation, Harassment, Menacing or Bullying) or category 20 (Other
Disruptive Incident).
(11)
Burglary: Entering or remaining unlawfully on school property
with intent to commit a crime, with or without a weapon.
(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, with or without a weapon.
(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, with or without a weapon.
(14)
Bomb Threat: A telephoned, written, verbal or electronic message that a bomb,
explosive, chemical, or biological weapon has been or will be placed on school
property, with or without a weapon.
(15)
False Alarm: Causing a fire
alarm or other disaster alarm to be activated by either falsely reporting or
activating a fire alarm or other type of disaster alarm, with or without a
weapon.
(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,
with or without a weapon.
(17) Weapons
Possession: 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.
(17.1) Weapons Confiscated through Routine Security Checks
at Building Entrances:
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 of individuals or lockers, etc...
(17.2) Weapons Found Under Other
Circumstances: Incidents where
weapons were found other than through a routine security check at a
building.
(18) Drug Use, Possession, or Sale: Illegally using, possessing or being
under the influence of a controlled substance or marijuana, on school property,
with or without a weapon, including having such substance on a person or in a
locker, vehicle, or other personal space; selling or distributing a controlled
substance or marijuana on school property; finding a controlled substance or
marijuana, on school property that is not in the possession of any person;
provided that nothing herein shall be construed to apply to the lawful
administration of a prescription drug on school property. Tobacco and tobacco products are not to be
considered as drugs for the purposes of incident reporting.
(19) Alcohol Use, Possession, or
(20) Other Disruptive Incidents: Other incidents involving disruption
of the educational process and that rise to the level of a consequence listed
in the Summary of Violent and Disruptive Incidents Form (columns j-o). Reportable incidents are limited to those
resulting in disciplinary action or referral.
Self-exposure or “mooning,” depending on the circumstances, are reported in
either category 10 (Intimidation, Harassment, Menacing or Bullying) or category
20 (Other Disruptive Incident).
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 Education Law §3214(3-a).
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. All incidents resulting in
an in-school suspension that lasts for the equivalent of one school day or more
must be reported. Suspensions from
activities or transportation for five or more consecutive school days must also
be reported.
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.
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 services.
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