Definitions of Infractions

Aiding/Abetting - any act that leads to or encourages an infraction on the discipline matrix.

Aggravated Assault - A person commits aggravated assault if the person commits assault under any of the following conditions:  1. If the person causes serious physical injury to another, 2. If the person uses a deadly weapon or dangerous instrument, 3. If the person commits the assault after entering the private home of another with the intent to commit the assault,  4. If the person is eighteen years of age or older and commits the assault upon a child the age of fifteen years or under, 5. If the person commits the assault knowing or having reason to know that the victim is a peace officer, or a person summoned and directed by the officer while engaged in the execution of any official duties,   6. If the person commits the assault knowing or having reason to know the victim is a teacher or other person employed by any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, or any teacher or school nurse visiting a private home in the course of the teacher’s or nurse’s professional duties, or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.

Alcohol - any fermented and/or distilled liquor or a substance reasonably believed to be or portrayed by the student as fermented and/or distilled liquor.

Armed Robbery - A person commits armed robbery if, in the course of committing robbery, such person or an accomplice:  1. Is armed with a deadly weapon or a simulated deadly weapon; or 2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon.

Arson of a Structure or Property – A person commits arson of a structure or property by knowingly and unlawfully damaging a structure or property by knowingly causing a fire or explosion.

Arson of an Occupied Structure – A person commits arson of an occupied structure by knowing and unlawfully damaging an occupied structure by knowingly causing a fire or explosion.

Assault - A person commits assault by:  1. Intentionally, knowingly or recklessly causing any physical injury to another person; or 2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or 3. Knowingly touching another person with the intent to injure, insult or provoke such person.

Bomb Threat – threatening to cause harm using a bomb, dynamite, explosive, or arson-causing device.

Burglary (First Degree) – A person commits burglary in the first degree if such person commits Burglary in the Second or Third Degree while knowingly possessing explosives, a deadly weapon or a dangerous instrument.

Burglary (Second or Third Degree) – A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.  A person commits burglary in the third degree by: 1. Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.  2. Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.  Burglary in the second and third degree is also sometimes referred to as “breaking and entering.”

Bullying - occurs when a student, either alone or in concert with others, uses superior strength, power, influence or advantage deliberately to inflict physical, emotional, or verbal abuse on another student.  Bullying includes explicit or implied threats of bodily harm, weapon possession, extortion, repeated insults and/or teasing, assault, social ostracism, sexual harassment and intimidation.

Cheating - the use or attempted use of information, academic work, research or property of another as one's own.  Cheating shall include but not be limited to sharing knowledge during an examination or the unauthorized use of notes or other materials in an examination.  Cheating shall also include the willful disobedience of testing rules.

Chemical or Biological Threat – threatening to cause harm using dangerous chemicals or biological agents.

Dangerous item – an item which could be used to cause bodily injury, or threaten or intimidate another person. Examples include air soft gun, bb gun, knife with a blade of 2.5 inches or less, laser pointer, letter opener, mace, pepper spray, paintball gun, pellet gun, razor blade or box cutter, simulated knife, taser or stun gun, tear gas, firecrackers and fireworks.

Defiance/Non Compliance - refusal to comply with a reasonable request by school personnel.

Destructive Device – A category of firearm that includes an explosive, combustible, or poisonous gas. This includes bombs, grenades, mines and rockets. Any type of weapon (other than a shotgun or a shotgun shell which is generally recognized as particularly suitable or sporting purposes) which will, or which may be readily converted to expel a projectile by the action of an explosive or other propellant; and which has any barrel with a bore of more than one-half inch in diameter, and any combination or parts either designed or intended for use in converting any device into a destructive device or from which an destructive device may be readily assembled.

Disrespect - display of rude or discourteous behavior.

Ditching - absence from an assigned class and/or required school function without a proper and timely excuse.

Disruption - any conduct that causes, is intended to cause, or that is reasonably likely to cause a breakdown in the orderly process of instruction and/or school activities.

Dress Code Violation – Apparel and/or accessories that have or may cause a disruption to the educational process.  See Appendix D.

Drug Paraphernalia – any accessory, apparatus or equipment that may be used in the manufacture of or utilization of an illicit substance, or otherwise as defined in A.R.S. 13-3415.

Endangerment – a person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.

Extortion – A person commits theft by extortion by knowingly obtaining or seeking to obtain property or services by means of a threat to do in the future any of the following: 1. Cause physical injury to anyone; 2. Cause damage to property; or 3. Expose a secret or an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or ridicule; 4. Cause anyone to part with any property.

Fighting - participation in an incident involving physical violence.

Fire Alarm Misuse – ringing a fire alarm when there is no fire.

Firearm - Any loaded or unloaded handgun, pistol, revolver, rifle, shotgun, starter gun, or other weapon that will expel, is designed to or may be readily converted to expel a projectile by the action of an explosive. This includes the frame or receiver of any such weapon, any firearm muffler or silencer or any destructive device.  Firearm does not include a firearm or antique firearm in permanently inoperable condition.

Forgery - the unauthorized or untrue making or alteration of a written document or another person's name or signature.

Gambling - to engage in a game or other activity that involves the element of risk or chance with the intention that property will be exchanged based on the outcome of the game or activity.

Harassment - a person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person: 1) anonymously or otherwise communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses; or 2) continues to follow another person in or about a public place for no legitimate purpose after being asked to desist; or 3) repeatedly commits an act or acts that harass another person; or 4) surveys or causes another person to survey a person for no legitimate purpose; or 5) on more than one (1) occasion makes a false report to a law enforcement, credit or social service agency. (6) Conduct that is based on sex but that is not sufficiently severe or pervasive so as to constitute Sexual Harassment may constitute Harassment.

Harassment, Nonsexual - a person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person: 1. Anonymously or otherwise communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses; or 2. Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist; or 3. Repeatedly commits an act or acts that harass another person; or 4. Surveys or causes another person to survey a person for no legitimate purpose; or 5. On more than one occasion makes a false report to a law enforcement, credit or social service agency.

Harassment of School Employee- a student commits harassment of a school employee if the student engages in behavior that meets the definition of “Harassment, Nonsexual” against a person known to be, or reasonably known to be employed as a school employee.

Hazing - any intentional, knowing or reckless act committed by a student, whether individually or in concert with other persons, against another student, and in which both of the following apply: (a) The act was committed in connection with an initiation into, an affiliation with or the maintenance of membership in any organization that is affiliated with an educational institution. (b) The act contributes to a substantial risk of potential physical injury, mental harm or degradation or causes physical injury, mental harm or personal degradation.

Homicide - includes first degree murder, second degree murder, manslaughter or negligent homicide.  Intentionally or recklessly causing the death of another person.

Illicit Drugs – includes marijuana, ecstasy, hallucinogens and methamphetamines, cocaine, crack, heroin, and other illicit drugs, including any substance represented by the student to be an illicit drug.

Improperly Used Substance/Item – includes prescription drugs, over-the-counter medications, inhalants (which includes paint or glue), unknown drug, drug paraphernalia, any other substance prohibited by Arizona’s criminal code, including any substance that a student possesses or consumes because the student believes that consumption of the substance will result in physical or mental effects or impairment similar to that resulting from the use of an unlawful drug.  For the purpose of this paragraph, “consume” means to ingest, smoke, inhale, chew, or inject.

A prescription drug and an over-the-counter medication shall not be considered an Improperly Used Substance so long as the particular drug or medication is either (1) prescribed by a physician and used in accordance with the prescription and Governing Board policies or (2) a proprietary medicine/over the counter medication as defined in A.R.S. 32-1901 (39) when used in accordance with parental instructions and Governing Board policies.

Inappropriate Language - the departure in the use of language from what is normally considered to be acceptable within the environment of a school or area.

Indecent Exposure or Public Sexual Indecency – a person commits indecent exposure if he or she exposes his or her genitals, anus, or buttocks, or she exposes the areola or nipple of her breast or breasts and another person is present. A person commits public sexual indecency by intentionally or knowingly engaging in any of the following acts: 1) an act of sexual conduct; or 2) an act of oral sexual contact; or 3) an act of sexual intercourse.

Injury Prone Behavior - intentional, negligent or reckless behavior that has a reasonable possibility of hurting or damaging oneself or others or the property of others.

Intent to transfer- A person planning to furnish, deliver, or give away to others any illicit drug, alcohol or improperly used substance/item.

Kidnapping – a person commits kidnapping by knowingly restraining another person with the intent to: 1. Hold the victim for ransom, as a shield or hostage; or 2. Hold the victim for involuntary servitude; or 3. Inflict death, physical injury or a sexual offense on the victim; or 4. Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or such third person.

Lying - intentionally giving an untrue communication.

Obscene Statements or Materials - statements and materials which an average student, applying contemporary school standards would find, taken as a whole, appeal to prurient interests and, taken as a whole, lack serious literary, artistic, political or scientific value.  The standard is that of the school community with a recognition that students are, as a class, younger and more sensitive than the general adult population.

Other School Threat- any threat (verbal, written or electronic) by a person to explode, burn or cause damage to a school building or school property, or to harm students or staff, or the property of students or staff.

Other Weapons – a weapon, device, instrument, material, or substance, animate or inanimate, which is used for, or is readily capable of causing death or serious bodily injury. Examples include billy club, baseball bat, brass knuckles, nunchakus, knife with a blade length at greater than two and one half (2.5) inches.

Paraphernalia - any accessory, apparatus or equipment that may be used in the manufacture of or utilization of illicit drugs, or otherwise as defined in A.R.S. 13-3415.

Parking Lot Violation - A person commits a driving violation by intentionally or recklessly operating a motor vehicle with the reasonable possibility of hurting self or others or damaging property while on school grounds; or parking in a student lot without a valid school parking permit.

Plagiarism – to steal and pass off the ideas or words of another as one’s own.

Pornography – is the sexually explicit depiction of persons, in words or images.

Public Display of Affection - visible affectionate physical contact that exceeds accepted standards of reasonable public conduct.

Robbery - Using force or threatening to use force to commit a theft or while attempting to commit a crime.

Sexual Abuse or Sexual Conduct with a Minor and Child Molestation – A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast.  A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.  A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast with a child under fifteen years of age.

Sexual Assault (Rape) – a person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.

Sexual Harassment - conduct on the basis of sex that is one or more of the following: (1) unwelcome conduct that a reasonable person would find to be severe, pervasive and objectively offensive that is effectively denies a person access to the District’s educational program and/or activities. Such conduct could include unwelcome sexual advances, requests for sexual favors, and other verbal, graphic, or written exchanges of a sexual nature. Sexual harassment can include nonverbal forms (e.g., “sexting,” tweeting, or otherwise sending messages through networking sites and/or telecommunication devices), (2) Sexual assault, dating violence, domestic violence, or stalking.

Sexual Harassment with Contact – sexual harassment as defined above that includes physical contact of a sexual nature.

Share, Use or Possession – using an illicit drug, tobacco, alcohol, or other improperly used substance/item alone or with others; or providing other with over the counter medications; or being in possession of an illicit drug or other improperly used substance/item.

Simulated Firearm – Any simulated firearm made of plastic, wood, metal or any other material which is a replica, facsimile, or toy version of a firearm or any object such as a stick or finger concealed under clothing and is being portrayed as a firearm.

Solicitation – a person commits solicitation if such person requests, commands, or encourages another person to provide him or her with information concerning where to purchase or obtain a substance or item the possession of which is illegal and/or prohibited by District policy.

Tardiness – arriving to class after the scheduled starting time.

Technology, Improper Use Of - utilizing district and or personal electronic devices in a manner that causes a disruption to the educational environment, or using district technology in an inappropriate or harmful way.

Theft – taking or attempting to take money or property belonging to another person or the school with the intent to permanently deprive the victim of his or her possessions.  Theft includes controlling the property of another with the intent to deprive the other person of such property, which is commonly referred to as possession of stolen property.

Threat/Intimidation - verbal, written or physical communications or acts made with the intent or reasonable effect to inflict fear, injury or damage or to realize personal gain.

Tobacco - ground up leaves used for smoking or chewing, and/or any manufactured products such as cigars, cigarettes or electronic cigarettes (which include any battery or similarly powered electronic device through which vapor is or can be inhaled to deliver nicotine), known to be addictive and dangerous.

Transfer – intentionally or knowingly furnishing, delivering, or giving away to others any illicit drug, alcohol, or improperly used substance/item.  Transfer includes selling an illicit drug, alcohol, or improperly used substance/item to another.

Trespassing/Unauthorized Area - the unauthorized presence of an individual on school property or the unauthorized presence of an individual in an unauthorized area of school property.

Truancy - absence from school without a proper and timely excuse.

Vandalism of Personal Property – willful destruction or defacement of personal property.

Vandalism of School Property – willful destruction or defacement of school property.