kevin summons - kstpkstp.com/kstpimages/repository/cs/files/nerf wars lawsuit.pdf · filed in first...

Filed in First Judicial District Court2/16/2018 2:31 PMDakota County, MN

19HA-CV-18-728

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF DAKOTA FIRST JUDICIAL DISTRICTCase Type: Wrongfull Death

Kevin C. Flynn, Trustee forthe heirs Judge:and next of kin of Jacob Flynn, andJohn A. Price, Ill, Trustee for the heirs Court File No:and next of kin of John A. Price, IV,

Plaintiffs, SUMMONS

vs.

Independent School District 194,

Defendant.

THE STATE OF MINNESOTA TO THE ABOVE—NAMED DEFENDANT:

1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you.The Plaintiff’s Complaint against you is attached to this Summons. Do not throw thesepapers away. They are official papers that affect your rights. You must respond to this

lawsuit even though it may not yet be filed with the Court and there may be no Court file

number on this Summons.

2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. Youmust give or mail to the person who signed this Summons a written response called anAnswer within 20 days ofthe date on which you received this Summons. You must senda copy of your Answer to the person who signed this Summons located at Walsh &Gaertner, P.A., 24 East 4‘“ Street, Saint Paul, Minnesota 55101.

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written

response to the Plaintiff’s Complaint. In your Answer you must state whether you agreeor disagree with each paragraph ofthe Complaint. If you believe the Plaintiff should notbe given everything asked for in the Complaint, you must say so in your Answer.

4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTENRESPONSE T0 THE COMPLAINT T0 THE PERSON WHO SIGNED THIS SUMMONS.If you do not Answer within 20 days, you will lose this case. You will not get to tell yourside of the story, and the Court may decide against you and award the Plaintiff everythingasked for in the Complaint. If you do not want to contest the claims stated in theComplaint, you do not need to respond. A Default Judgment can then be entered againstyou for the relief requested in the Complaint.


19HA-CV-18-728

5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If

you do not have a lawyer, the Court Administrator may have information about placeswhere you can get legal assistance. Even if you cannot get legal help, you must still

provide a written Answer to protect your rights or you may lose the case.

6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to 0r beordered to participate in an alternative dispute resolution process under Rule 114 of the

Minnesota General Rules of Practice. You must still send your written response to the

Complaint even if you expect to use alternative means of resolving this dispute.

WALSH & GAERTNER, P.A.

Dated:ZFQ’K/ GAMER

Gregory J. Walsh (#291705)Attorney for Plaintiffs

24 East Fourth Street

Saint Paul, Minnesota 55101651—[email protected]

G. JOHNSON LAW, PLLC.

Gregory J. Johnson (#202678)Attorney for Plaintiffs

6688 145th Street WestSaint Paul, Minnesota 55124(612) 71 8-6908

re 'ohnsonle a|.com


19HA-CV-18-728

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF DAKOTA FIRST JUDICIAL DISTRICTCase Type: Wrongful] Death

Kevin C. Flynn, Trustee for the heirs Judge:and next of kin of Jacob Flynn, andJohn A. Price, HI, Trustee for the heirs Court File No:

and next of kin of John A. Price, IV,

Plaintiffs, COMPLAINT

vs.

Independent School District 194,

Defendant.

COMES NOW Plaintiffs, as and for their causes of action, state and allege as follows:

PARTIES

1. Plaintiff, Kevin C. Flynn, is the duly appointed Trustee for the heirs and next of

kin of Jacob Flynn having been so appointed by Order dated January 6, 2016, of the

Dakota County District Court, and brings this action in that capacity pursuant to Minn.

Stat. § 573.02. Kevin C. Flynn is the father of Jacob Flynn who died on December 5,

2015. At the time of his death, Jacob Flynn (hereinafter referred to as “Jake Flynn") was

a junior at Lakeville South High School.

2. Plaintiff, John Price, III, is the duly appointed Trustee for the heirs and next of

kin of John Price, |V having been so appointed by Order of the Dakota County District

Court and brings this action in that capacity pursuant to Minn. Stat. § 573.02. John Price,

Ill is the father of John Price IV who died on December 5, 2015. At the time of his death,

John Price, IV (hereinafter referred to as “Johnny Price”) was a senior at Lakeville South

High School.


19HA-CV-18-728

3. Defendant Independent School District 194 (hereinafter referred to as “ISD

194") is an independent school district within the meaning of Minn. Stat. § 120A.05, subd.

10, with a principle office at 8670 210 Street West, Lakeville, Minnesota.

VENUE

4. Venue is appropriate in Dakota County District Court insofar as the incident

resulting in the deaths of Jake Flynn and Johnny Price occurred in Dakota County and

the Defendant maintains a principle office and place of business in Dakota County.

GENERAL FACTUAL ALLEGATIONS

A. BACKGROUND OF NERF WAR IN ISD 194

5. At the time oftheir deaths Johnny Price and Jake Flynn, among other students

at Lakeville South High School (hereinafter referred to as “LSHS”), were participating in

an activity called Nerf War.

6. Nerf War was played by students at LSHS and Lakeville North High School

(hereinafter referred to as “LNHS”) since approximately 2013. LSHS and LNHS are

secondary schools located within ISD 194.

7. In Nerf War, teams of students work together to “kill” members of rival teams

by shooting them with a Nerf gun or stabbing them with a plastic spoon. Each team

member pays a fee to enter the game. Players can “buy-back in” if they are "killed” for

an additional fee. The last team with at least one player alive wins the total pot of money.

8. To be eligible to participate in Nerf War at LSHS a player is required to be a

student enrolled at LSHS. Nerf War at LSHS was called SouthsideNerf.

9. To be eligible to participate in Nerf War at LNHS a player is required to be a

student enrolled at LNHS. Nerf war at LNHS was called NorthNerf.


19HA-CV-18-728

10. Nerf War was primarily managed on social media. ln ISD 194, there were two

Twitter accounts following and tracking NerfWar atthe two high schools: @SouthsideNerf

for LSHS and @Non‘hNen‘for LNHS.

11. Each Twitter account originated in 2013, nearly two years prior to the deaths

of Jake Flynn and Johnny Price on December 4, 2015.

12. @SouthsideNerf and @Non‘hNerf were used by students to provide the

following information to all followers:

The rules of Nerf War;The amount of entry and buyback fees;

Information on where to pick up entry forms;

Deadlines for payment;A running tally of the teams that were still alive;

A place to post videos of “kills”;

Where the game was being played; andEvery “kill" that was recorded.

:cp-‘mgsvcw

13. Upon information and belief, @SouthsideNerf and @Nothen‘ Twitter

accounts were followed by students, LSHS teachers, LNHS teachers, ISD 194, LSHS

Football Coaches, local politicians, and others in the community.

14. SouthsideNerf and NonhNerf were organized and played at LSHS, LNHS and

throughout the greater Lakeville community.

15. According to the Rules of SouthsideNerf and NorthNerf, schools and places

of worship were considered “safe zones,” meaning that a “kill” cannot take place at those

locations.

16. Students would “kidnap" other students from “safe zones” and take them to a

place where a “kill” could take place.

17. By following @SouthsideNen‘ and @NorthNerf, ISD 194, its teachers and

coaches, inter alia, were privy to each Tweet and posting on the Nerf War Twitter pages.


19HA-CV-18-728

18. On various occasions, ISD 194, through its Twitter account

@Lakevi/IeAreaPS, “liked” or "re-tweeted" the posts from @SouthsideNerf and

@NorthNen‘.

19. In 2013, an article written by LSHS Senior Zach Klesch entitled Southside Nerf

Sweegs South was published in the LSHS school newspaper. (A true and correct copy of

the article is attached hereto and made a part hereof as Exhibit A).

20. The article, Southside Nerf Sweeps South, detailed the creation of the game

within ISD 194. The article was accompanied by photographs of LSHS students posing

with Nerf guns, a table of money and a LSHS student waiving a handful of cash like a fan.

21. A subsequent anicle regarding Nerf War appeared in the December 19, 2013,

edition of Sun ThisWeek Community newspaper in Lakeville. (A true and correct copy of

the article is attached hereto and made a part hereof as Exhibit B).

22. According to the Sun ThisWeek article, 229 students from LSHS participated

in SouthsideNerf over an eight—week period.

23. The articie quotes then LSHS senior Levi Conlow, a member of the winning

team, as stating “their most effective technique for winning was to “kidnap” kids from the

school grounds and drive them off the property to “shoot" them. Of course, there was an

occasional fat lip.”

24. SouthsideNerf and NorthNerf increased in popularitythroughout ISD 194 such

that in 2014 a Twin Cities radio station morning crew interviewed a LNHS student about

Nerf War. The student stated that Nerf War was being played “all over Lakeville" and so

far, they “had not gotten into a lot of trouble.“ One of the radio hosts commented after

reading the Twitter feed @Non‘hNen‘that she found it “upsetting” to see photographs and


19HA-CV-18-728

comments about “executing so and so” and that "some students were taking it a little too

far.”

25. In the Fall of 2015 a record number of LSHS students participated in

SouthsideNerf pushing the total prize money to over $6,000.00.

26. As was done in prior years, in Fall of 2015 teams were organized at LSHS

during the school day; team forms were completed at LSHS during the school day;

payments were made to the student-commissioners at LSHS during the school day; and

team strategy was discussed at LSHS during the school day.

27. A common strategy, dating back to the beginning of Nerf War in ISD 194, was

to “kidnap” students from other teams from the LSHS and LNHS parking lots as they

walked to their cars at the end of the school day.

28. Kidnappings often entailed students wrestling, grabbing, and carrying other

students from the parking lot into cars and then they would drive off school grounds to

perfect a “kill.”

29. School kidnappings were not accomplished without a struggle. It was

commonplace that students would be chased throughout the LSHS or LNHS parking lot,

running in and out of cars, as students were leaving for the day.

30. Kidnappings mainly occurred at LSHS and LNHS immediately after student

were dismissed for the day.

31 . According to the rules of SouthsideNerf and NorthNerf, teams needed to record

their kills by midnight each Friday or face elimination. Therefore, kidnappings in school

parking lots were significantly increased and more intense on Fridays.

32. Reminders were sent via @SouthsideNen‘ and @Northen‘ that students

needed to record their “kills” by midnight Friday or face elimination.


19HA-CV-18-728

B. STRADER EMAIL

33. On October 16, 2015, LSHS Activities Director Neil Strader, sent an email to

Dana Cronin, LSHS Dean of Students, John Boche, LSHS Dean of Students, John Braun,

LSHS Principal, Rachel Ruzzi, LSHS Dean of Students, and Shaun Murphy, LSHS Dean

of Students, with the subject line: Nerf War (a true and correct copy of Strader's email

is attached hereto and made a part hereof as Exhibit C and is hereinafter referred to as

“the Strader Email”).

34. The Strader Email warned LSHS Administration regarding “concerns about

the Nerf War that is currently going on in our Lakeville neighborhoods."

35. The Strader Email informed LSHS Administration that “a boy [was] punched

Wednesday during Nerf War and a police report made".

36. Activities Director Strader sent the email to LSHS Administration “so all of you

are aware that this is going on."

37. Upm receipt of the Strader Email, LSHS Principal John Braun forwarded it

without any instructions to LSHS Student Resource Officer (”SRO") Thor Howe.

38. Upon information and belief, SRO Howe took no action to warn, protect or

ensure the safety of students at LSHS from the dangers of Nerf War.

39. Upon information and belief, LSHS Administration took no action in response

to the Strader Email to warn, protect or ensure the safety of students at LSHS from the

dangers of Nerf War.

C. STUDENT CODE OF CONDUCT

40. At all times material ISD 194 had in affect Policy 506, STUDENT DISCIPLINE,

which was adopted April 23, 2013 and updated January 27, 2015 and revised May 10,


19HA-CV-18-728

2016. (A true and correct copy 0f Policy 506 is attached hereto and made a part hereof

as Exhibit D).

41. ISD 194 Policy 506 Part | provided, in pertinent part, as follows:

|. PURPOSE

The purpose of this policy is to ensure students are aware of and

comply with the school district's expectations for student conduct.

Such compliance will enhance the school district’s ability to maintain

discipline and ensure that there is no interference with the

educational process. The school district will take appropriate

disciplinary action when students fail to adhere to the Code of

Student Conduct established by this policy.

42. ISD 194 Policy 506 Part |||(B) provided, in pertinent part, as follows:

B. Superintendent. The superintendent shall establish guidelines

and directives to carry out this policy, hold all school personnel,

students, and parents responsible for conforming to this policy, and

support all school personnel performing their duties within the

framework of this policy.

43. ISD 194 Policy 506 Part |||(C) provided, in pertinent part, as follows:

B. Building Administrator. The Building administrator is given the

responsibility and authority to formulate building rules and

regulations necessary to enforce this policy, subject to final board of

education approval.*** The building administrator shall consult with

parents of students conducting themselves in a manner contrary to

the policy.

44. ISD 194 Policy 506 Part VI provided, in pertinent part, as follows:

VI. CODE OF STUDENT CONDUCT

A. The following are examples of unacceptable behavior subject to

disciplinary actions by the school district. These examples are not

intended to be an exclusive list. Any student who engages in any of

these activities shall be disciplined in accordance with this policy.

This policy applies to all school buildings, school grounds, and school

property or property immediately adjacent to school grounds; school-

sponsored activities or trips; school bus stops; school buses, school

vehicles, school contracted vehicles, or any other vehicles approved

for school district purposes; the area of entrance or departure from

school premises or events; and all schooI-related functions, school-

sponsored activities, events, or trips. School district property also

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19HA-CV-18-728

may mean a student’s walking route to or from school for purposes

of attending school or schooI-related functions, activities, or events.

While prohibiting unacceptable behavior subject to disciplinary action

at these locations and events, the school district does not represent

at that it will provide supervision or assume liability at these locations

and events. This policy also applies to any student whose conduct

at any time or in any place interferes with or obstructs the mission or

operation of the school district or the safety of welfare of the student,

other students or employees.

24. Violation of parking or school traffic rules and regulations,

including, but not limited to, driving on school property in such a

manner as to endanger persons or property[.]

37. Actions, including fighting or any other assaultive behavior,

which causes or could cause injury to the student or other persons

or which otherwise endangers the health, safety, or welfare of

teachers, students, other school district personnel, or other

persons[.]

39. Violations against persons, including but not limited to, assault

or threatened assault, fighting, harassment, interference or

obstruction, attack with a weapon, or look-a—like weapon, sexual

assault, illegal or inappropriate sexual conduct, or indecent

exposure[.]

45. Upon information and beiief, students of LSHS and LNHS violated the Student

Code of Conduct by kidnapping students from LSHS and LNHS parking lots while

engaged in SouthsideNerf and NorthNerf.

46. ISD 194, through its representatives and employees, knew or should have

known, that students were being assaulted and kidnapped from the parking lots of LSHS

and LNHS.

47. ISD 194, through its representatives and employees, failed to take appropriate

disciplinary action when students failed t0 adhere to the Code of Student Conduct.


19HA-CV-18-728

D. DECEMBER 4, 2015

48. On Friday December 4, 2015, there were only a handful of teams remaining

in SouthsideNerf. Teams were plotting their kidnapping strategies at LSHS during the

school day to be executed once the final bell rang at 2:37.

49. As students left the school and entered the LSHS parking lot LSHS students

from one team attempted to kidnap players from another team.

50. The kidnapping involved a struggle and wrestling match between the teams

that lasted approximately 2 minutes 30 seconds and was captured on the LSHS

surveillance video.

51. LSHS students maneuvered vehicles attempting to block the kidnapping

vehicle from leaving the parking lot.

52. The kidnapping was successful and a pick—up truck carrying four LSHS

students left the school parking lot at approximately 2:53 p.m.

53. At 2:57:25 PM. the first 911 call was received by the Dakota County 911

Operator informing them that a pickup truck carrying the four LSHS students was involved

in a one-vehicle rollover accident resulting in the deaths of Jake Flynn and Johnny Price.

54. In the days following the December 4, 2015 incident giving rise to the deaths

of Jake Flynn and Johnny Price, ISD 194 representatives and LSHS Administrators were

quoted as saying “This NerfWars (sic) is not something that happens in our schools."

LIABILITY OF ISD 194-APPLICABLE TO ALL COUNTS

55. That Minnesota Statutes § 466.02 provides that municipalities are liable for

their independent torts and the torts of their officers, employees, and agents acting within

the scope of their employment or duties and a “municipality” includes school districts,

such as ISD 194.


19HA-CV-18-728

56. That Minnesota school districts, including ISD 194, owe a duty of care to their

students and their parents requiring school districts to supervise and protect students

against conditions and activities which pose a foreseeable risk of bodily injury or harm to

students or which create or foster an opportunity for such bodily injury or harm to occur;

to protect students against misconduct of other students which poses a foreseeable risk

of bodily injury or harm to students or which create 0r foster an opportunity for such bodily

injury or harm to occur; to provide security and maintain conditions and activities in a

manner conducive to the safety and welfare of students so as to prevent and/or reduce

the opportunity for such bodily injury or harm to occur; to administer, implement and

execute existing policies, manuals and protocols to prevent and/or reduce the opportunity

for such bodily injury or harm to occur; to develop policies, manuals and protocols which

prevent and/or reduce the opportunity for such bodily injury or harm to occur; and to warn

students, their students’ parents and law enforcement about conditions and activities

which pose a foreseeable risk of bodily injury or harm to students so as to prevent and/or

reduce the opportunity for such bodily injury or harm to occur to their students.

57. That Minnesota school districts, including ISD 194, owe a non—delegable duty

to evaluate, supervise and administer schools within their districts, and their

administrators, officers, employees and agents are vicariously liable for their acts or

omissions in evaluating, supervising and administering the schools.

58. That priorto the deaths of Jake Flynn and Johnny Price on December4, 2015,

ISD 194, Lakeville South High School and its respective officers, employees and agents

had actual knowledge that its students were engaged in Nerf War and other assaultive

conduct as described herein and knew or should have known that such activities and

conduct posed a significant risk of bodily injury or harm to their students, but abdicated

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19HA-CV-18-728

its legal responsibilities and took no action to prevent and/or reduce the opportunity that

such bodily injury or harm would occur to its students such as Jake Flynn and Johnny

Price.

COUNT l:

NEGLIGENT FAILURE TO EXECUTE EXISTING POLICIES

Plaintiffs restate and reallege each and every allegation contained in paragraphs

1-58 and further state and allege as follows:

59. That prior to the deaths of Jake Flynn and Johnny Price, ISD 194 knew or

should have known that its students were engaged in Nerf War and other assaultive

conduct on school premises which posed a foreseeable risk of bodily injury or harm to its

students.

60. That prior to the deaths of Jake Flynn and Johnny Price, ISD 194 had a duty

to administer, implement and execute existing policies, manuals and protocols to prevent

and/or reduce the opportunity for bodily injury or harm to occur to its students.


should have known that the student conduct described herein violated existing ISD 194

policies, manuals and protocols including, but not limited to, Policy 506 and the Student

Code of Conduct.

62. That prior to the deaths of Jake Flynn and Johnny Price, the existing ISD 194

policies, manuals and protocols including, but not limited to, Policy 506 and the Student

Code of Conduct, imposed mandatory obligations on ISD 194 to act in accordance with

said policies manuals and protocols to, among other things, prevent and/or reduce the

opportunity for bodily injury or harm to occur to its students.

63. That prior to the deaths of Jake Flynn and Johnny Price, ISD 194 abdicated

its responsibilities by failing to administer, implement and execute its existing policies,

ll


19HA-CV-18-728

manuals and protocols including, but not limited to, Policy 506 and the Student Code of

Conduct.

64. That priorto the deaths of Jake Flynn and Johnny Price, ISD 194 was negligent

in failing to administer, implement and execute its existing policies, manuals and protocols

including, but not limited to, Policy 506 and the Student Code 0f Conduct.

65. That as a direct and proximate result ofthe negligence of ISD 194, Jake Flynn

and Johnny Price suffered severe and fatal injuries on December 4, 2015, and the

Trustees, on behalf of the heirs and next of kin of each decedent, each of whom have

suffered, and will continue to suffer in the future, substantial damages attributable to and

as a result of their wrongful death, including pecuniary damages and losses, and the loss

of support and contributions from the decedents, the loss of the counsel, guidance and

aid of the decedents, the advice, comfort, assistance, companionship and protection that

the decedents would have provided, if they had lived, as well as the expenses and

damages incurred for their funerai and buriai and expenses incurred as a result of the

death of each decedent, in an amount in excess of Fifty Thousand and No/100 Dollars

($50,000.00).

COUNT ll:

NEGLIGENT FAILURE TO DEVELOP ANTl-NERF WAR POLICY






students.

12


19HA-CV-18-728


to develop policies, manuals and protocols to prevent and/or reduce the opportunity for

bodily injury or harm to occur to its students when the risk of such bodily injury or harm

was known to it.

68. That to the extent that ISD 194 contends that its existing policies, manuals

and protocols including, but not limited to, Policy 506 and the Student Code of Conduct,

were insufficient to prevent and/or reduce the opportunity for bodily injury or harm to its

students from students engaging in Nerf War and other assaultive conduct, ISD 194

abdicated its legal responsibilities and was negligent in failing to develop a policy, manual

or protocol specifically tailored to Nerf War and other assaultive conduct.



Trustees, on behalf of the heirs and next 0f kin of each decedent, each of whom have


as a result oftheir wrongful death, including pecuniary damages and losses, and the loss




damages incurred for their funeral and burial and expenses incurred as a result of the

death 0f each decedent, in an amount in excess of Fifty Thousand and No/1 00 Dollars

($50,000.00).

COUNT Ill:

NEGLIGENT FAILURE TO SUPERVISE & PROTECT STUDENTS



13


19HA-CV-18-728




students.


to supervise and protect its students against conditions and activities, engagedin by

students or third—persons, which posed a foreseeable risk of bodily injury or harm to

students 0r which created or fostered an opportunity for such bodily injury or harm to

occur and to provide security to safeguard the safety and welfare of its students so as to

prevent and/or reduce the opportunity for such bodily injury or harm to occur.

73. That ISD 194 was negligent in failing to supervise and protect its students and

provide security against the dangers of Nerf War and other assaultive conduct described

herein.

74. That as a direct and proximate resuit ofthe negiigence of ISD 194, Jake Flynn






aid of the decedents. the advice, comfort, assistance, companionship and protection that



death of each decedent, in an amount in excess of Fifty Thousand and No/1OO Dollars

($50,000.00).

l4


19HA-CV-18-728

COUNT lV

NEGLIGENT FAILURE TO WARN & REPORT


1—75 and further state and allege as follows:




students.


to warn students, its students’ parents and law enforcement about conditions and

activities which posed a foreseeable risk of bodily injury or harm to students so as to

prevent and/or reduce the opportunity for such bodily injury or harm to occur to their

students.

78. That ISD 194 was negligent in failing to warn its students, its students’ parents

and law enforcement about the dangers of Nerf War and the assaultive conduct described

herein.



Trustees, 0n behalf of the heirs and next of kin of each decedent, each of whom have

suffered, and wi|| continue to suffer in the future, substantial damages attributable t0 and






15


19HA-CV-18-728

death of each decedent, in an amount in excess of Fifty Thousand and No/100 Dollars

($50,000.00).

COUNT VNEGLIGENT FAILURE TO TRAIN EMPLOYEES






students.


to properly train its employees including, but not limited to, Student Resource Officers, in

the supervision, monitoring and protection of students while 0n school premises and

parking lots so as to prevent and/or reduce the opportunity for bodily injury or harm from

occurring.

83. That ISD 194 was negligent in its training of employees including, but not

limited to, Student Resource Officers.

84. That as a direct and proximate result of the negligence of ISD 194, Jake Flynn








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19HA-CV-18-728


death of each decedent, in an amount in excess of Fifty Thousand and No/1 00 Dollars

($50,000.00).

WHEREFORE, Plaintiffs pray forjudgment against Defendant herein as follows:

1. As to Count l, entering judgment in favor of Plaintiffs and against ISD 194 for

an amount in excess of $50,000.00;

2. As to Count II, entering judgment in favor of Plaintiffs and against ISD 194 for


3. As to Count Ill, entering judgment in favor of Plaintiffs and against ISD 194 for


4. As to Count IV, entering judgment in favor of Plaintiffs and against ISD 194 for


5. As to Count V, entering judgment in favor of Plaintiffs and against ISD 194 for

An amount in excess of $50,000.00;

6. For such other and funher relief as the Court deems just and equitable

WALSH & GAERTNER, P.A.

, A/,W' /Datedifl; Ui/L u g.

Gregory J. Walsh (#291705)

Attorney for Plaintiffs

24 East Fourth Street

Saint Paul, Minnesota 55101651-228-9968greg@walsh—gaertner.com

G. JOHNSON LAW, PLLC.

Gregory J. Johnson (#202678)

Attorney for Plaintiffs

6688 145th Street WestSaint Paul, Minnesota 55124

(612) [email protected]

l7


19HA-CV-18-728

ACKNOWLEDGMENT PURSUANT TO MINN.STAT. § 549.21

The undersigned hereby acknowledges that he is familiar with Minn. Stat. § 549.21,

Subdivision 2, and its effect.

Dated: 7 ' (7’4 .5/ C7f

°’ "“' LfifiGregory J. Walsh

18


19HA-CV-18-728

Exhibit A


19HA-CV-18-728

The Uppeleff pnofo Is of ‘he wmnmg nerf eaEmOnd. South Side- Nen‘ is organized and

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by Zack Klesch

the real heros of the nerf war, copy edimr

the men who work behind the

scenes to make everythgtL£11 mrmwlv came in Rousemfller


19HA-CV-18-728


19HA-CV-18-728

Exhibit B


19HA-CV-18-728

[[12/2016 Spoils of Nerf war benefit needy childrenl

Community & People

Spoils of Nerf war benefit needy childrenPublished December 19, 2013 at 10:04 am

Lakeville South Winner donates toys

Some of the spoils 0f war among Lakeville South High School students will help make

Christmas brighter for some local underprivileged children.

QLeVi Conlow, 17, used his

Nerf war winnings to

purchase 64 Nerf guns he

will donate to local

charities. (Photo

submitted)

Levi Conlow, 17, used his Nerf war

winnings to purchase 64 Nerf guns

he will donate to local charities.

(Photo submitted)

Lakeville South High School senior Levi Conlow won an intense Nerf war among 229

students that lasted over eight weeks and occurred throughout the community at all hours

of the day and night.

With his prize money, Conlow purchased 64 Nerf guns to donate to a children’s hospital

and Toys for Tots.

Organized by students and not affiliated with the Lakeville Area School District, Lakeville

South High School “Nerfers” have for months been on the prowl, both as the hunter and

hunted.

“Basically, you had to be 0n your guard at all times," Conlow said. “Whether mowing the

grass, raking, or shoveling, you always had to be on your guard. Going to the movies, the

store, bowling, were always a risk.”

He said participants paid $5 to play and there was a first—week redemption for those who

were eliminated early after being shot by another player with one of the Nerf guns’ soft

discs 0r darts.

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19HA-CV-18-728

1/12/2016 Spoils of Nerf war benefit needy childrenl

“For $25, they could be back in the game,” he said.

Students could play as an individual or in a group; Conlow and four friends formed “Team

USA."

“The No. 1 rule which was said often is, ‘Trust no one!’” Conlow said. “I found it was a great

way to learn teamwork, preparation and planning. You also learned to be patient and wait

for the right opportunity. Information—gathering and building alliances played a key role in

the outcome. You need to know who your friends are and be constantly aware of your

surroundings. Those are good lessons for all aspects of life.”

Any player who did not defeat an opponent within a week was eliminated from the game.

Conlow said their most effective technique for winning was t0 “kidnap" kids from the

school grounds and drive them off the property t0 “shoot” them.

“Of course, there was a lot of struggle and an occasional fat lip,” Conlow said. “We

ambushed one player at his girlfriend’s house, chased down others in their neighborhood

or sprung upon them early in the morning when they walked from their house to their car.

“We chased one player and he ran into a pond. The water was freezing and we waited for

him but he stayed there a long time so We left him alone.”

Lakeville interim police Chief John Kornmann said he is familiar with the Nerf war game,

also referred t0 as “Assassin," and cautioned students to remember it is just a game.

He said they should not risk harm to themselves 0r others while playing.

“Someone needs to show responsibility and make sure the kid comes out safely,” he said.

He said the department received calls this spring from alarmed residents who wondered

what teenagers were doing prowling around outside their homes carrying Nerf guns.

“The people who live there don’t quite get why there’s 75—100 kids running around their

neighborhood,” Kornrnann said.

He said the students were all “more than respectful” when approached by police and

agreed to respect people’s private property.

“The kids we encountered were very respectful,” Kommann said. “They were just trying to

have fun.”

Conlow said in the recent game, players were eliminated either by being “shot” with a Nerf

gun or “stabbed” with a plastic spoon; some areas were declared “safe zones," including the

school and area Churches.

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19HA-CV-18-728

[/1212016 Spoils of Nerf war benefit needy childrenl

The game started Oct. 18; by Dec. 8, there were 14 remaining players who played the final

90~minute battle at Ritter Farm Park.

Conlow said key for him was playing as part 0f a team instead of Choosing to play as an

individual.

“We helped each other along the way and all five of us made it to the final battle,” Conlow

said.

He split his $1,300 winnings with his “Team USA” teammates, Zachary Klesch, Zach Emond,

John Grenier and Jake Tipka, allowing each $260.

Although Conlow said it is “highly recommended and encouraged” that they donate their

winnings, everyone can choose to spend the money as they wish.

“The rest 0f my teammates haven’t disclosed what they are doing with their funds yet,"

Conlow said. “There are so many great ways to use the money. I’m confident additional

funds will be donated which will have far reaching impacts on our community. Giving the

award away makes it more fun and enjoyable. It keeps the game in its proper perspective.

Further, it’s great t0 know that the real winners were those who will receive these gifts

compliments of the Lakeville South Nerf war players."

Conlow hopes his donation inspires other future “Nerfers.”

Conlow’s driving ambition to win was so he could do late Nerf guns, said his father Brent

Conlow.

“I’m not sure I fully appreciated his commitment to this effort until I came home from

work and found a bunch of toys that he purchased under our Christmas tree,” Brent

Conlow said.

Levi Conlow said he hopes his donation will encourage the next generation.

“I hope t0 encourage a bunch of mini—Nerfers who will have fun running around the house

on Christmas morning playing Nerf,” he said. “It’s something you can play with family and

friends or just target practicing 0n your own. Either way, the Nerf toys encourage active

involvement and exercise, which is something kids of all ages need."

Conlow said future wars are planned and a countdown to the next one is on their website,

southsidenerf.com.

Filed Under: Lakeville, Lakeville South High School, Levi Conlow, Nerf war, News, Toys for

Tots

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19HA-CV-18-728

ll12/2016 Spoils of Nerf war benefit needy children]

memThlAdvertisinginformationl Contact Us] Subscribe

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19HA-CV-18-728

Exhibit C


19HA-CV-18-728

4/27/2016.

ISD194 Lakeville Area Public Schools Mail - Fwd: Nerf War

Q

r“: "g: Egg “ TONY MASSARos <[email protected]>

'

bi 2110511“

I \.

I

\.

mm

Fwd: NerfWar1 message

John Braun <brau1391@isd1 94.0rg> Mon, Apr 25, 2016 at 2:06 PM

T0: TONY MASSAROS <[email protected]>

Forwarded messageFrom: JOHN BRAUN <brau1391@is‘d194.org>

Date: Fri. Oct 16, 2015 at 6:20 PMSubject: Fwd: Nerf WarTo: 'Ihor Howe <[email protected]>

Forwarded messageFrom: NEIL STRADER <[email protected]>

Date: Friday, October 16, 2015

Subject: Nerf WarTo: DANA CRONIN <[email protected]>, JOHN BOCHE <JOHN.BOCHE@isd1 94.0rg>, JOHN BRAUN

<[email protected]>. Rachel Ruzzi <Rachel.Ruzzi@isd‘194.0rg>, SHAUN MURPHY

<[email protected]>

Team,

l have had several neighbors come to me with concerns about the Nerf War that is currently going on in our

Lakeville neighborhoods.

l plan to explain some of the concerns at our Team meeting next Wednesday.

With a boy being punched Wednesday during the NerfWar and a police report made. [thought it was worth a

conversation at least so all of you are aware that this is going on.

Neil Strader. C.A.A.

Activities Director

Lakeville South High School

21135 Jacquard Ave.

Lakeville, MN. 55044Phone 952—232—3321

Fax 952—469-8383

GOOOOO Cougars

wife. 3.014%th Sizhocl,

.

Jib: .gafi'3r;

LAKEVILLE SOUTH HIGH SCHOOL ACTlVlTY DEPARTMENT PURPOSE STATEMENT:

m IR cm IGAR FAMILY is COMMITTED to COMPETING with COURAGE, PRIDE, SPORTSMANSHIP, and


19HA-CV-18-728

4/27/2016 |SD194 Lakeviile Area Public Schools Mail - Fwd: Nerf War

,/. ‘-g‘

f Follow our activities on TWITTER at: @ActivitiesLSHS

b:-Click on the Twitter logo for direct link to Cougar Twitter Activities

Sent from my iPhone

Dr. John W. Braun, Principal

Lakeville South High School

21135 Jacquard Avenue ~

Lakeville, MN 55044

Working Together - Learning Together

2" ?‘aziiie. Sauigggggghmi

L.i'

z

KJ‘


19HA-CV-18-728

Exhibit D


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ISD 194 Policy 506

(Replaces E—40)

Adopted: Agril 23X 2013

Updated Janumy 27, 2015

506 STUDENT DISCIPLINE

I. PURPOSEThe purpose of this policy is to ensure that students are aware of and comply with the school district’s

expectations for student conduct. Such compliance will enhance the school district’s ability to maintain

discipline and ensure that there is no interference with the educational process. The school district will

take appropriate disciplinary action when students fail to adhere to the Code of Student Conduct

established by this policy.

II. GENERAL STATEMENT 0F POLICYThe board of education recognizes that individual responsibility and mutual respect are essential

components 0f the educational process. The board of education further recognizes that nurturing the

maturity 0f each student is of primary importance and is closely linked with the balance that must be

maintained between authority and self-discipline as the individual progresses from a child’s dependence

on authority to the more mature behavior of self—control.

A11 students are entitled to learn and develop in a setting which promotes respect of self, others, and

property. Proper positive discipline can only result from an environment which provides options and

stresses student self—direction, decision—making, and responsibility. Schools can function effectively only

With internal discipline based on mutual understanding of rights and responsibilities.

Students must conduct themselves in an appropriate manner that maintains a climate in which learning

can take place. Overall decomm affects student attitudes and influences student behavior. Proper student

conduct is necessary to facilitate the education process and to create an atmosphere conducive to high

student achievement.

Although this policy emphasizes the development of self—discipline, it is recognized that there are

instances when it will be necessary to administer disciplinary measures. The position of the school

district is that a fair and equitable district—wide student discipline policy will contribute to the quality of

the student’s educational experience. This discipline policy is adopted in accordance with and subject t0

the Minnesota Pupil Fair Dismissal Act, Minn. Stat. §§ 121A.40-121A.56.

In view of the foregoing and in accordance with Minn. Stat. § 121A,55, the board of education, with the

participation of school district administrators, teachers, employees, students, parents, community

members, and such other individuals and organizations as appropriate, has developed this policy which

governs student conduct and applies to all students of the school district.

III. AREAS OF RESPONSIBILITYA. The Board of education. The board of education holds all school personnel responsible for the

maintenance of order within the school district and supports all personnel acting within the

framework of this discipline policy.

B. Superintendent. The superintendent shall establish guidelines and directives to carry out this

policy, hold all school personnel, students, and parents responsible for conforming to this policy, and

support all school personnel performing their duties within the framework 0f this policy. The

superintendent shall also establish guidelines and directives for using the services of appropriate

agencies for assisting students and parents. Any guidelines or directives established to implement


19HA-CV-18-728

this policy shall be submitted to the board of education for approval and shall be attached as an

addendum to this policy.

C. Building Administrator. The building administrator is given the responsibility and authority to

formulate building rules and regulations necessary to enforce this policy, subject to final board ofeducation approval. The building administrator shall give direction and support to all school

personnel performing their duties within the framework of this policy. The building administrator

shall consult with parents of students conducting themselves in a manner contrary to the policy.

The building administrator shall also involve other professional employees in the disposition ofbehavior referrals and shall make use of those agencies appropriate for assisting students andparents. A building administrator, in exercising his or her lawful authority, may use reasonable

force when it is necessary under the circumstances to conect or restrain a student or prevent bodilyharm or death to another.

D. Teachers. A11 teachers shall be responsible for providing a well-planned teaching/learning

environment and shall have primary responsibility for student conduct, with appropriate assistance

from the administration. All teachers shall enforce the Code of Student Conduct. In exercising the

teacher’s lawful authority, a teacher may use reasonable force when it is necessary under the

circumstances to correct or restrain a student or prevent bodily harm or death to another.

E. Other School District Personnel. A11 school district personnel shall be responsible for

contributing to the atmosphere of mutual respect within the school. Their responsibilities relating to

student behavior shall be as authorized and directed by the superintendent. A school employee,school bus driver, or other agent of a school district, in exercising his or her lawful authority, mayuse reasonable force when it is necessary under the circumstances to restrain a student or prevent

bodily harm or death to another.

F. Parents or Legal Guardians. Parents and guardians shall be held responsible for the behavior of

their children as determined by law and community practice. They are expected to cooperate With

school authorities and to participate regarding the behavior of their children.

G. Students. A11 students shall be held individually responsible for their behavior and for knowingand obeying the Code of Student Conduct and this policy.

H. Communifl Members. Members of the community are expected to contribute to the

establishment of an atmosphere in Which rights and duties are effectively acknowledged and fulfilled.

IV. STUDENT RIGHTSA11 students have the right to an education and the right to learn.

V. STUDENT RESPONSIBILITIESA11 students have the responsibility:

A. For their behavior and for knowing and obeying all school rules, regulations, policies, andprocedures;

B. To attend school daily, except when excused, and to be on time to all classes and other school

functions;

C. T0 pursue and attempt to complete the courses of study prescribed by the state and local school

authorities;


19HA-CV-18-728

D. To make necessary arrangements for making up work when absent from school;

E. To assist the school staff in maintaining a safe school for all students;

F. To be aware of all school rules, regulations, policies, and procedures, including those in this

policy, and to conduct themselves in accord with them;

G. To assume that until a rule or policy is waived, altered, or repealed, it is in full force and effect;

H. To comply With federal, state, and local laws;

I. To volunteer infomation in disciplinary cases should they have any knowledge relating to such

cases and t0 cooperate with school staff as appropriate;

J. To respect and maintain the school’s property and the property of others;

K. To dress and groom in a manner which meets standards of safety and health and common

standards of decency and which is consistent with applicable school district policy;

L. To avoid inaccuracies in student newspapers or publications and refrain fiom indecent or obscene

language;

M. To conduct themselves in an appropriate physical or verbal manner; and

N. To recognize and respect the rights of others.

VI. CODE 0F STUDENT CONDUCTA. The following are examples of unacceptable behavior subject to disciplinary action by the

school dishict. These examples are not intended to be an exclusive list. Any student who engages in

any of these activities shall be disciplined in accordance with this policy. This policy applies to all

school buildings, school grounds, and school property or property immediately adjacent to school

grounds; school—sponsored activities or trips; school bus stops; school buses, school vehicles, school

contracted vehicles, or any other vehicles approved for school district purposes; the area of entrance

0r departure from school Dremises or events; and all school—related functions, school—sponsored

activities, events, or trips. School district property also may mean a student’s walking route t0 or from

school for purposes of attending school or school~related fimctions, activities, or events. While

prohibiting unacceptable behavior subject to disciplinary action at these locations and events, the

school district does not represent that it will provide supervision or assume liability at these locations

and events. This policy also applies to any student whose conduct at any time or in any place

interferes with or obstructs the mission or operatic'ms of the school district or the safety or welfare of

the student, other students, or employees.

1. Violations against property including, but not limited to, damage to or destruction of school

property or the property of others, failure to compensate for damage or destruction of such

property, arson, breaking and entering, theft, robbery, possession of stolen property, extortion,

trespassing, unauthorized usage, or vandalism;

2. The use of profanity or obscene language, or the possession of obscene materials;

3. Gambling, including, but not limited to, playing a game of chance for stakes;

A 'rr: _I_L:_,, -r..L~ __L- -I J:_‘_:»u_ TT,‘_:.... 1')-..L:L.‘L:.‘.‘ “Alia...


19HA-CV-18-728

classes, 0r leaving school grounds without permission;

6. Violation of the school district’s Student Attendance Policy;

7. Opposition to authority using physical force or violence;

8. Using, possessing, or distributing tobacco or tobacco paraphernalia;

9. Using, possessing, distributing, intending to distribute, making a request to another person for

(solicitation), or being under the influence of alcohol or other intoxicating substances or look—

alike substances;

10. Using, possessing, distributing, intending to distribute, making a request to another person for

(solicitation), or being under the influence of narcotics, drugs, or other controlled substances, or

look—alike substances, except as prescribed by a physician, including one student sharing

prescription medication with another student;

11. Using, possessing, or distributing items or articles that are illegal or harmful to persons or

property including, but not limited to, drug paraphernalia;

12. Using, possessing, or distributing weapons, or look—alike weapons or other dangerous objects;

13. Violation of the school district’s Weapons Policy;

14. Violation of the school district’s Violence Prevention Policy;

15. Possession of ammunition including, but not limited t0, bullets or other projectiles designed to

be used in or as a weapon;

16. Possession, use, or distribution of explosives or any compound or mixture, the primary or

common purpose or intended use ofwhich is to function as an explosive;

17. Possession, use, 01' distribution of fireworks or any substance or combination of substances or

article prepared for the purpose of producing a visible or an audible effect by combustion,

explosion, deflagration or detonation;

18. Using an ignition device, including a butane 01' disposable lighter 0r matches, inside an

educational building and under circumstances where there is a risk of fire, except where the

device is used in a manner authorized by the school;

19. Violation of any local, state, or federal law as appropriate;

20. Acts disruptive of the educational process, including, but not limited to, disobedience,

disruptive or disrespectful behavior, defiance of authority, cheating, insolence, insubordination,

failure to identify oneself, improper activation 0f fire alanns, or bomb threats;

21. Violation of the school district’s Internet Acceptable Use and Safety Policy or Digital Device

guidelines;

22. Use of devices or objects Which cause distractions or may facilitate cheating;

23. Violation of school bus or transportation rules or the school district’s Student Transportation

Safety Policy;


19HA-CV-18-728

driving 011 school property in such a manner as to endanger persons or property;

25. Violation of directives or guidelines relating to lockers or improperly gaining access to a

school locker;

26. Violation of the school district’s Search of Student Lockers, Desks, Personal Possessions, and

Student’s Person Policy;

27. Violation of the school district’s Student Use and Parking of Motor Vehicles; Patrols,

Inspections, and Searches Policy;

28. Possession or distribution of slanderous, libelous, 0r pornographic materials;

29. Violation of the school district’ Bullying Prohibition Policy;

30. Student attire or personal grooming which creates a danger to health or safety or creates a

disruption to the educational process, including clothing which bears a message which is lewd,

vulgar, or obscene, apparel promoting products or activities that are illegal for use by minors, or

clothing containing objectionable emblems, signs, words, objects, or pictures communicating a

message that is racist, sexist, or otherwise derogatory to a protected minority group or which

connotes gang membership;

3 1. Criminal activity;

32. Falsification of any records, documents, notes, or signatures;

33. Tampering With, changing, or altering records 0r documents 0f the school district by any

method including, but not limited to, computer access or other electronic means;

34. Scholastic dishonesty which includes, but is not limited to, cheating on a school assignment

or test, plagiarism, or collusion, including the use of picture phones or other technology to

accomplish this end;

35. Impedinent or disrespectful language toward teachers or other school district personnel;

36. Violation of the school district’s Harassment and Violence Policy;

37. Actions, including fighting or any other assaultive behavior, which causes or could cause

injury to the student or other persons or which otherwise endangers the health, safety, or welfare

of teachers, students, other school district personnel, or other persons;

38. Committing an act which inflicts great bodily harm upon another person, even though

accidental or a result of poor judgment;

39. Violations against persons, including, but not limited to, assault or threatened assault,

fighting, harassment, interference or obstruction, attack with a weapon, or look-alike weapon,

sexual assault, illegal or inappropriate sexual conduct, or indecent exposure;

40. Verbal assaults or verbally abusive behavior including, but not limited to, use of language

that is discriminatory, abusive, obscene, threatening, intimidating, or that degrades other people;

41. Physical or verbal threats including, but not limited to, the staging or reporting of dangerous

or hazardous situations that do not exist;


19HA-CV-18-728

religion, sex, marital status, status with regard to public assistance, disability, national origin, or

sexual orientation;

43. Violation of the school district’s Distribution of Nonschool—Sponsored Materials on School

Premises by Students and Employees Policy;

44. Violation of school rules, regulations, policies, or procedures, including, but not limited to,

those policies specifically enumerated in this policy;

45. Other acts, as determined by the school district, which are disruptive of the educational

process or dangerous or detrimental to the student or other students, school district personnel or

surrounding persons, or which violate the rights of others or which damage or endanger the

property of the school, or which otherwise interferes with or obstruct the mission or operations of

the school district or the safety or welfare of students or employees.

VII. DISCIPLINARY ACTION OPTIONSThe general policy of the school district is to utilize progressive discipline to the extent reasonable

and appropriate based upon the specific facts and circumstances of student misconduct. The

specific form of discipline chosen in a particular case is solely within the discretion of the school

district. At a minimum, violation of school district rules, regulations, policies, or procedures will

result in discussion of the violation and a verbal warning. The School district shall, however,

impose more severe disciplinary sanctions for any violation, including exclusion or expulsion, if

warranted by the student’s misconduct, as determined by the school district. Disciplinary action

may include, but is not limited to, one or more of the following:

A. Student conference with teacher, principal, counselor, or other school district personnel, and

verbal warning;

B. Confiscation by school district personnel and/of by law enforcement of any item, article, object,

or thing, prohibited by, or used in the Violation of, any school district policy, rule, regulation,

procedure, or state or federal law. If confiscated by the school district, the confiscated item, article,

object, or thing will be released only t0 the parent/guardian following the completion of any

investigation or disciplinary action instituted or taken related to the violation.

C. Parent contact;'

D. Parent conference;

E. Removal from class;

F. In—school suspension;

G. Suspension from extracurricular activities;

H. Detention or restriction of privileges;

I. Loss of school privileges;

J. In—school monitoring or revised class schedule;

K. Referral to in—school support services;

L. Referral to community resources or outside agency services;

M.Financial restitution;

N. Referral to police, other law enforcement agencies, or other appropriate authorities;

O. A request for a petition to be filed in district court for juvenile delinquency adjudication;


19HA-CV-18-728

P. Out—of—school suspension under the Pupil Fair Dismissal Act;

Q. Preparation of an admission or readmission plan;

R. Expulsion under the Pupil Fair Dismissal Act;

S. Exclusion under the Pupil Fair Dismissal Act; and/or

T. Other disciplinary action as deemed appropriate by the school district.

VHI. REMOVAL OF STUDENTS FROM CLASSA.Teachers have the responsibility of attempting to modify disruptive student behavior by such

means as conferring with the student, using positive reinforcement, assigning detention or other

consequences, or contacting the student’s parents. When such measures fail, or when the teacher

determines it is otherwise appropriate based upon the student’s conduct, the teacher shall have the

authority to remove the student from class pursuant to the procedures established by this discipline

policy. “Removal from class” and “removal” mean any actions taken by a teacher, principal, or

other school district employee to prohibit a student from attending a class 0r activity period for a

period of time not to exceed five (5) days, pursuant to this discipline policy.

Grounds for removal from class shall include any of the following:

1. Willful conduct that significantly disrupts the rights of others to an education, including

conduct that interferes with a teacher’s ability to teach or communicate effectively With

students in a class 0r with the ability of other students to leam;

2. Willful conduct that endangers surrounding persons, including school district employee's,

the student or other students, or the property of the school;

3. Willful violation of any school rules, regulations, policies or procedures, including the Code

of Student Conduct in this policy; or

4. Other conduct, which in the discretion of the teacher or administration, requires removal 0f

the student from class.

Such removal shall be for at least one (1) activity period or class period of instruction for a

given course of study and shall not exceed five (5) such periods.

B. If a student is removed from class more than ten (10) times in a school year, the school district

shall notify the parent or guardian of the student’s tenth removal from class and make reasonable

attempts to convene a meeting with the student’s parent or guardian to discuss the problem that is

causing the student to be removed from class.

IX. DISMISSALA.“Dismissal” means the denial of the current educational program to any student, including

exclusion, expulsion and suspension. Dismissal does not include removal from class.

The school district shall not deny due process or equal protection of the law to any student

involved in a dismissal proceeding which may result in suspension, exclusion or expulsion.

The school district shall not dismiss any student without attempting to provide alternative

educational services before dismissal proceedings, except where it appears that the student will

create an immediate and substantial danger to self or to surrounding persons or property.

B. Violations leading to suspension, based upon severity, may also be grounds for actions leadingnu r11, ,_1_


19HA-CV-18-728

1. Willful violation of any reasonable board of education regulation, including those found in

this policy;

2. Willful conduct that significantly disrupts the rights of others to an education, 0r the ability

of school personnel to perform their duties, or school sponsored extracurricular activities; or

3. Willful conduct that endangers the student or other students, or surrounding persons,

including school district employees, or property of the school.

C. Suspension Procedures

1. “Suspension” means an action by the school administration, under rules promulgated by the

Board 0f education, prohibiting a student from attending school for a period of n0 more than

ten (10) school days; provided, however, if a suspension is longer than five (5) school days, the

suspending administrator shall provide the superintendent with a reason for the longer term of

suspension. This definition does not apply to dismissal for one (1) school day or less where a

student with a disability does not receive regular or special education instruction during that

dismissal period.

2. If a student’s total days of removal from school exceed ten (10) cumulative days in a school

year, the school district shall make reasonable attempts to convene a meeting with the student

and the student’s parent or guardian before subsequently removing the student from school.

The purpose of this meeting is to attempt to determine the pupil’s need for assessment or other

services or whether the parent or guardian should have the student assessed or diagnosed to

determine whether the student needs treatment for a mental health disorder.

3. Each suspension action may include a readmission plan. The plan shall include, where

appropriate, a provision for implementing alternative educational services upon readmission

which must not be used to extend the current suspension. A readmission plan must not

obligate a parent or guardian to provide psychotropic drugs to their student as a condition of

readmission. School administration must not use the refusal of a parent or guardian to consent

to the administration of psychotropic drugs to their student or to consent to a psychiatric

evaluation, screening, or examination of the student as a ground, by itself, to prohibit the

student from attending class or participating in a school~related activity, or as a basis of a

charge 0f child abuse, child neglect, or medical or educational neglect. The school

administration may not impose consecutive suspensions against the same student for the same

course of conduct, or incident of misconduct, except where the student will create an

immediate and substantial danger to self or to surrounding persons or property or where the

school district is in the process of initiating an expulsion, in which case the school

administration may extend the suspension to a total of fifleen (15) days.

4. A child with a disability may be suspended. When a child with a disability has been

suspended for more than five (5) consecutive days 0r ten (10) cumulative school days in the

same year, and that suspension does not involve a recommendation for expulsion or exclusion

0r other change in placement under federal law, relevant members of the child’s IEP team,

including at least one of the child’s teachers, shall meet and determine the extent to which the

child needs services in order to continue to participate in the general education curriculum,

although in another setting, and to progress toward meeting the goals in the child’s IEP. That

meeting must occur as soon as possible, but no more than ten (10) days after the sixth (6m)

consecutive day of suspension or the tenth (10th) cumulative day 0f suspension has elapsed.


19HA-CV-18-728

5. The school administration shall implement alternative educational services when the

suspension exceeds five (5) days. Alternative educational services may include, but are not

limited to, special tutoring, modified curriculum, modified instruction, other modifications or

adaptations, instruction through electronic media, special education services as indicated byappropriate assessments, homebound instruction, supervised homework, or enrollment in

another district or in an alternative learning center under Minn. Stat. § 123A.05 selected to

allow the pupil to progress toward meeting graduation standards under Minn. Stat. § 120B.02,

although in a different setting.

6. The school administration shall not suspend a student from school without an informal

administrative conference with the student. The informal administrative conference shall take

place before the suspension, except where it appears that the student will create an immediate

and substantial danger to self or to surrounding persons or property, in which case the

conference shall take place as soon as practicable following the suspension. At the informal

administrative conference, a school administrator shall notify the student of the grounds for the

suspension, provide an explanation of the evidence the authorities have, and the student maypresent the student’s version of the facts. A separate administrative conference is required for

each period of suspension.

7. A written notice containing the grounds for suspension, a brief statement of the facts, a

description of the testimony, a readmission plan, and a copy of the Minnesota Pupil Fair

Dismissal Act, Minn. Stat. §§ 121A.40-121A.56, shall be personally served upon the student at

or before the time the suspension is to take effect, and upon the student’s parent or guardian by

mail within forty-eight (48) hours of the conference. (See attached sample Notice of

Suspension.)

8. The school administration shall make reasonable efforts to notify the student’s parent or

guardian of the suspension by telephone as soon as possible following suspension.

9. In the event a student is suspended without an informal administrative conference on the

grounds that the student will create an immediate and substantial danger to surrounding

persons or property, the written notice shall be served upon the student and the student’s parent

or guardian within forty—eight (48) hours of the suspension. Service by mail shall be complete

upon mailing.

10. Notwithstanding the foregoing provisions, the student may be suspended pending the board

of education’s decision in an expulsion or exclusion proceeding, provided that alternative

educational services are implemented to the extent that suspension exceeds five (5) days.

D. Expulsion and Exclusion Procedures

1. “Expulsion” means a board of education action to prohibit an enrolled student from further

attendance for up to twelve (12) months from the date the student is expelled. The authority to

expel rests with the board of education.

2. “Exclusion” means an action taken by the board of education to prevent enrollment 0r re—

enrollment of a student for a period that shall not extend beyond the school year. The authority

to exclude rests with the board of education.

3. A11 expulsion and exclusion proceedings will be held pursuant t0 and in accordance with the

provisions of the Minnesota Pupil Fair Dismissal Act, Minn. Stat. §§ 121A.40-121A.56.


19HA-CV-18-728

4. No expulsion 0r exclusion shall be imposed without a hearing, unless the right to a hearing

is waived in writing by the student and parent or guardian.

5. The Student and parent or guardian shall be provided written notice 0f the school district’s

intent to initiate expulsion or exclusion proceedings. This notice shall be served upon the

student and his or her parent or guardian personally or by mail, and shall contain a complete

statement 0f the facts; a list of the witnesses and a description of their testimony; state the date,

time and place of hearing; be accompanied by a copy of the Pupil Fair Dismissal Act, Minn.

Stat. §§ 121A.40-121A.56; describe alternative educational services accorded the student in an

attempt to avoid the expulsion proceedings; and inform the student and parent or guardian of

their right to: (1) have a representative of the student’s own choosing, including legal counsel

at the hearing; (2) examine the student’s records before the hearing; (3) present evidence; and

(4) confiont and cross—examine witnesses. The school district shall advise the student’s parent

or guardian that free or low—cost legal assistance may be available and that a legal assistance

resource list is available from the Minnesota Department of Education (MDE).

6. The hearing shall be scheduled within ten (10) days of the service of the written notice

unless an extension, not to exceed five (5) days, is requested for good cause by the school

district, student, parent, or guardian.

7. A11 hearings shall be held at a time and place reasonably convenient to the student, parent,

or guardian and shall be closed, unless the student, parent, or guardian requests an open

hearing.

8. The school district shall record the hearing proceedings at district expense, and a party mayobtain a transcript at its own expense.

9. The student shall have a right to a representative of the student’s own choosing, including

legal counsel, at the student’s sole expense. The school district shall advise the student’s

parent or guardian that free or low—cost legal assistance may be available and that a legal

assistance resource list is available from MDE. The board 0f education may appoint an

attorney to represent the school district in any proceeding.

10. If the student designates a representative other than the parent or guardian, the

representative must have a written authorization from the student and the parent or guardian

providing them with access to and/or copies of the student’s records.

11. A11 expulsion or exclusion hearings shall take place before and be conducted by an

independent hearing officer designated by the school district. The hearing shall be conducted

in a fair and impartial manner. Testimony shall be given under oath and the hearing officer

shall have the power to issue subpoenas and administer oaths.

12. At a reasonable time prior to the hearing, the student, parent 0r guardian, or authorized

representative shall be given access to all school district records pertaining to the student,

including any tests or reports upon which the proposed dismissal action may be based.

13. The student, parent or guardian, or authorized representative, shall have the right to compel

the presence of any school district employee or agent or any other person who may have

evidence upon which the proposed dismissal action may be based, and to confront and cross—

examine any witnesses testifying for the school district.


19HA-CV-18-728

14. The student, parent or guardian, or authorized representative, shall have the right to present

evidence and testimony, including expert psychological or educational testimony.

15. The student cannot be compelled to testify in the dismissal proceedings.

16. The hearing officer shall prepare findings and a recommendation based solely upon

substantial evidence presented at the hearing, which must be made to the board 0f education

and served upon the parties within two (2) days after the close of the hearing.

17. The board of education shall base its decision upon the findings and recommendation of the

hearing officer and shall render its decision at a meeting held within five (5) days after

receiving the findings and recommendation. The board of education may provide the parties

with the opportunity to present exceptions and comments to the hearing officer’s findings and

recommendation provided that neither party presents any evidence not admitted at the hearing.

The decision by the board of education must be based on the record, must be in writing, and

must state the controlling facts on which the decision is made in sufficient detail to apprise the

patties and the Commissioner of Education (Commissioner) of the basis and reason for the

decision.

18. A party to an expulsion or exclusion decision made by the board of education may appeal

the decision to the Commissioner within twenty-one (21) calendar days of board of education

action pursuant to Minn. Stat. § 121A.49. The decision of the board of education shall be

implemented during the appeal to the Commissioner.

19. The school district shall report any suspension, expulsion or exclusion action taken to the

appropriate public service agency, when the student is under the supervision of such agency.

20. The school district must report, through the MDE electronic reporting system, each

expulsion or exclusion within thirty (30) days of the effective date of the action to .the

Commissioner. This report must include a statement of alternative educational services given

the student and the reason for, the effective date, and the duration of the exclusion or expulsion.

The report must also include the student’s age, grade, gender, race, and special education status.

The dismissal report must include state student identification numbers of affected students.

21. Whenever a student fails to return to school within ten (10) school days of the termination

0f dismissal, a school administrator shall inform the student and his/her parent or guardian by

mail of the student’s right to attend and to be reinstated in the school district.

X. ADMISSION 0R READMISSION PLANA sChool administrator shall prepare and enforce an admission or readmission plan for any student

who is excluded or expelled from school. The plan may include measures to improve the student’s

behavior, including completing a character education program consistent with Minn. Stat. §

1203232, Subd. 1, and require parental involvement in the admission or readmission process, and

may indicate the consequences to the student of not improving the student’s behavior. The

readmission plan must not obligate parents to provide a sympathomimetic medication for their child

as a condition of readmission.

XI. NOTIFICATION OF POLICY VIOLATIONSNotification of any Violation of this policy and resulting disciplinary action shall be as provided

herein, or as otherwise provided by the Pupil Fair Dismissal Act or other applicable law. The

teacher, principal or other school district official may provide additional notification as deemed

appropriate.


19HA-CV-18-728

XII. STUDENT DISCIPLINE RECORDSThe policy of the school district is that complete and accurate student discipline records be

maintained. The collection, dissemination, and maintenance of student discipline records shall be

consistent with applicable school district policies and federal and state law, including the Minnesota

Government Data Practices Act, Minn. Stat. Ch. 13.

XIII. DISABLED STUDENTSStudents who are currently identified as eligible under the IDEA or Section 504 will be subject to

the provisions of this policy, unless the student’s IEP or 504 plan specifies a necessary modification.

Before initiating an expulsion or exclusion of a student with a disability, relevant members of the

child’s IEP team and the child’s parent shall, consistent with federal law, conduct a manifestation

determination and detennine whether the child’s behavior was (i) caused by or had a direct and

substantial relationship to the child’s disability and (ii) whether the child’s conduct was a direct

result of a failure to implement the child’s IEP. If the student’s educational program is appropriate

and the behavior is Qo_t a manifestation of the student’s disability, the school district will proceed

with discipline — up to and including expulsion — as if the student did not have a disability, unless

the student’s educational program provides otherwise. If the team determines that th_e behavior

subject to discipline i_s a manifestation of the student’s disability, the team shall conduct a

functional behavioral assessment and implement a behavioral intervention plan for such student

provided that the school district had not conducted such assessment prior to the manifestation

determination before the behavior that resulted in a change of placement. Where a behavioral

intervention plan previously has been developed, the team will review the behavioral intervention

plan and modify it as necessary to address the behavior.

When a student who has an IEP is excluded or expelled for misbehavior that is not a manifestation

of the student’s disability, the school district shall continue to provide special education and related

services during the period of expulsion or exclusion.

XIV. OPEN ENROLLED STUDENTSThe school district may terminate the enrollment of a nonresident student enrolled under an

Enrollment Option Program (Minn. Stat. § 124D.03) or Enrollment in Nonresident District (Minn.

Stat. § 124D.08) at the end 0f a school year if the student meets the definition of a habitual truant,

the student has been provided appropriate services for truancy (Minn. Stat. Ch. 260A), and the

student’s case has been referred to juvenile court. The school district may also terminate the

enrollment of a nonresident student over the age of sixteen (16) enrolled under an Enrollment

Options Program if the student is absent without lawful excuse for one or more periods on fifteen

(15) school days and has not lawfully withdrawn from school.

XV. DISTRIBUTION OF POLICYThe school district will notify students and parents of the existence and contents of this policy in

such manner as it deems appropriate. Copies of this discipline policy shall be made available to all

students and parents at the commencement of each school year and to all new students and parents

upon enrollment. This policy shall also be available upon request in each principal’s office.

XVI. REVIEW OF POLICYThe principal and representatives of parents, students and staff in each school building shall confer

at least annually to review this discipline policy, determine if the policy is working as intended, and

to assess whether the discipline policy has been enforced. Any recommended changes shall be

submitted to ther superintendent for consideration by the board of education, which shall conduct an

annual review 0f this policy.


19HA-CV-18-728

Legal References: Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)Minn. Stat. § 120B.02 (Educational Expectations for Minnesota Students)

Minn. Stat. § 120B.232 (Character Development Education)

Minn. Stat. § 121A.26 (School Preassessment Teams)Minn. Stat. § 121A.29 (Reporting; Chemical Abuse)Minn. Stat. §§ 121A.40—121A.56 (Pupil Fair Dismissal Act)

Minn. Stat. § 121A.575 (Alternatives to Pupil Suspension)

Minn. Stat. § 121A.582 (Reasonable Force)

Minn. Stat. §§ 121A.60—121A.61 (Removal From Class)

Minn. Stat. § 123A.05 (Area Learning Center Organization)

Minn. Stat. § 124D.03 (Enrollment Options Program)Minn. Stat. § 124D.08 (Enrollment in Nonresident District)

Minn. Stat. Ch.125A (Students With Disabilities)

Minn. Stat. Ch. 260A (Truancy)

Minn. Stat. Ch. 260C (Juvenile Court Act)

20 U.S.C. §§ 1400—1487 (Individuals with Disabilities Education Improvement Act of 2004)

29 U.S.C. § 794 et seq. (Rehabilitation Act of 1973, § 504)

34 C.F.R. § 300.530(e)(1) (Manifestation Determination)

Cross References: MSBA/MASA Model Policy 413 (Harassment and Violence)

MSBA/MASA Model Policy 501 (School Weapons)MSBA/MASA Model Policy 502 (Search of Student Lockers, Desks, Personal Possessions, and Student’s

Person)

MSBA/MASA Model Policy 503 (Student Attendance)

MSBA/MASA Model Policy 505 (Distribution ofNonschool—Sponsored

Materials on School Premises by Students and Employees)

MSBA/MASA Model Policy 514 (Bullying Prohibition Policy)

MSBA/MASA Model Policy 524 (Internet Acceptable Use and Safety Policy)

MSBA/MASA Model Policy 525 (Violence Prevention)

MSBA/MASA Model Policy 526 (Hazing Prohibition)

MSBA/MASA Model Policy 527 (Student Use and Parking of. Motor Vehicles; Patrols, Inspections, and

Searches)

MSBA/MASA Model Policy 610 (Field Trips)

MSBA/MASA Model Policy 709 (Student Transportation Safety Policy)

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