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Title: Disruptive Student Not DisorderlyCourt rules when students can be arrested for Disorderly Conduct
Author: Jack Ryan
ID: LL115
Issue: SU1-6
Issue Date: 2004-11-01
Edition: School
Type: Article

Body: Quite often, school administrators, teachers and school resource officers have to deal with disruptive students. A question often arises as to the point where misbehavior rises to the level of disorderly conduct such that a student may be arrested and charged criminally. A recent case from the Court of Appeals of North Carolina provides guidance on this point.

In the Matter of K.F., 2005 N.C. App. LEXIS 40 (N.C. Ct. App. 2005), the court reviewed a case involving a disruptive student who had been sent to the assistant principalís office.

K.F. had been acting up in his regular classroom that was staffed by a substitute teacher. K.F. continually got out of his seat and was changing the channel of a television that was in the room and was supposed to remain on an authorized station. The substitute notified K.F.ís regular teacher which prompted the assistant principal to call K.F. to his office. The assistant principalís office was adjacent to a small hallway containing three offices, one of which belonged to the school resource officer, Officer Scott.

During the meeting with the assistant principal, K.F. was told that he was going to receive a three-day suspension. As this matter was being discussed, both K.F. and the assistant principal began raising their voices. This prompted the attention of Officer Scott. K.F. responded to the notification of the three-day suspension by using profanity. He was then informed that he would be receiving additional punishment for using the profanity. K.F. then got up and began making his way toward the hallway. He continued using profanity and shouting. As he neared the main hallway Officer Scott took him into custody and handcuffed him.

The eighth-grade student was charged with disorderly conduct for disrupting the peace at the junior high school and found delinquent. The student appealed that finding.

In analyzing the case, the court looked to the facts to determine if there was any disruption caused by K.F.ís conduct. The court noted that minor classroom disruptions are insufficient to establish disorderly conduct. The court cited cases involving students who did not stop talking loudly after repeated warnings as insufficient to satisfy the elements of disruption. The court asserted that where a studentís conduct forces a teacher to leave their assigned duties or where the studentís conduct requires the attention of several teachers or school officials, a substantial disruption is established.

In this case, no teacher had to leave their post as the result of K.F.ís actions. In addition, conduct occurred mostly in the assistant principalís office and the small hallway adjacent to it. There was no indication that other students even heard K.F. As a result the court reversed the delinquency finding against K.F.

Points to Remember:

When dealing with disorderly conduct in a school; officials must establish a disruption to the school environment.

The studentís conduct must be articulated along with how that conduct impacted others in the school.

Reaction of school officials in response to student conduct as well as the reaction of other students should be documented.



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