State law requires districts to refer students to local law enforcement for any offense that may be a violation of the criminal code.
North Dakota Century Code 15.1-19-13. Alcohol or controlled substance - Use or possession by student - Notification of principal - Exception.
If a teacher knows or has reason to believe that a student is using, is in possession of, or is delivering alcohol or a controlled substance while the student is on school property, involved in a school-related activity, or in attendance at a school-sponsored event, the teacher shall notify the student’s principal. The notification requirement in this section does not apply to a teacher or administrator who participates in a juvenile drug court program and receives confidential information regarding a student as a result of participation in the program. This section does not prevent a teacher or any other school employee from reporting to a law enforcement agency any violation of law occurring on school property, at a school-related activity, or at a school-sponsored event.
North Dakota Century Code 15.1-19-18. Bullying - Prohibition by policy.
Each school district shall adopt a policy providing that while at a public school, on school district premises, in a district owned or leased schoolbus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event, a student may not:
- a. Engage in bullying; or
- b. Engage in reprisal or retaliation against:
- (1) A victim of bullying;
- (2) An individual who witnesses an alleged act of bullying;
- (3) An individual who reports an alleged act of bullying; or
- (4) An individual who provides information about an alleged act of bullying.
The policy required by this section must:
- a. Include a definition of bullying that at least encompasses the conduct described in section 15.1-19-17;
- b. Establish procedures for reporting and documenting alleged acts of bullying, reprisal, or retaliation, and include procedures for anonymous reporting of such acts;
- c. Establish procedures, including timelines, for school district personnel to follow in investigating reports of alleged bullying, reprisal, or retaliation;
- d. Establish a schedule for the retention of any documents generated while investigating reports of alleged bullying, reprisal, or retaliation;
- e. Set forth the disciplinary measures applicable to an individual who engaged in bullying or who engaged in reprisal or retaliation, as set forth in subsection 1;
- f. Require the notification of law enforcement personnel if school district personnel have a reasonable suspicion that a crime might have occurred on or off school district property;
- g. Establish strategies to protect a victim of bullying, reprisal, or retaliation; and
- h. Establish disciplinary measures to be imposed upon an individual who makes a false accusation, report, or complaint pertaining to bullying, reprisal, or retaliation.
In developing the bullying policy required by this section, a school district shall involve parents, school district employees, volunteers, students, school district administrators, law enforcement personnel, domestic violence sexual assault organizations as defined by subsection 3 of section 14-07.1-01, and community representatives.
Upon completion of the policy required by this section, a school district shall:
- a. Ensure that the policy is explained to and discussed with its students;
- b. File a copy of the policy with the superintendent of public instruction; and
- c. Make the policy available in student and personnel handbooks.
Each school district shall review and revise its policy as it determines necessary and shall file a copy of the revised policy with the superintendent of public instruction.