Case in Which No Measures Were Taken by the School Violence Committee | Case Determined Not to Constitute School Violence

The client sought legal advice after it became necessary to respond to proceedings before the School Violence Review Committee concerning a conflict at school. The central issue in this case was whether the client’s conduct could be deemed school violence, and it was necessary to examine whether the client could be found to have committed school violence merely because the client happened to be present in a particular situation.

Although the facts of a School Violence Review Committee matter may appear straightforward, the outcome can vary depending on the content and wording of the statements provided. The client’s actual scope of conduct was

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Whether the client’s conduct constituted school violence under the School Violence Prevention and Countermeasures Act

MEGA X first carefully organized the circumstances that led to the client’s involvement in the School Violence Review Committee proceedings and identified the specific issues in dispute. In School Violence Review Committee matters, surrounding circumstances or the conduct of other students may sometimes be interpreted together with the client’s conduct. Accordingly, it was important to distinguish and explain the scope of the client’s own conduct separately from the actual issues in dispute.

We also examined, one issue at a time, whether the client’s conduct could be deemed school violence under the applicable standards. We organized our position around the principle that mere accompaniment or a passive response cannot, by itself, conclusively establish school violence, and that the determination must be based on the substance and degree of the actual conduct.

In addition, we consistently explained in the written opinion and throughout the procedural response that the client’s conduct did not constitute school violence under Article 2, Subparagraph 1 of the School Violence Prevention and Countermeasures Act. It was important to respond by explaining the facts and applicable standards separately, rather than by offering an emotional explanation.

Not School Violence