Posted on 12/04/2021 7:06:09 AM PST by tarpit
380.1310b. Policy prohibiting bullying; adoption and implementation; public hearing; submission of policy to department; contents of policy; annual report of incidents of bullying; form and procedure; school employee, school volunteer, pupil, or parent or guardian reporting act of bullying to school official; modified policy; definitions; section to be known as "Matt Epling Safe School Law.".(1) The board of a school district or intermediate school district or board of directors of a public school academy shall adopt and implement a policy prohibiting bullying at school, as defined in this section.(8) A school employee, school volunteer, pupil, or parent or guardian who promptly reports in good faith an act of bullying to the appropriate school official designated in the school district's or public school academy's policy and who makes this report in compliance with the procedures set forth in the policy is immune from a cause of action for damages arising out of the reporting itself or any failure to remedy the reported incident. However, this immunity does not apply to a school official who is designated under subsection (5)(d), or who is responsible for remedying the bullying, when acting in that capacity.
(5)(j) An assurance of confidentiality for an individual who reports an act of bullying and procedures to safeguard that confidentiality.
(10) As used in this section:
(b) "Bullying" means any written, verbal, or physical act, or any electronic communication, including, but not limited to, cyberbullying, that is intended or that a reasonable person would know is likely to harm 1 or more pupils either directly or indirectly by doing any of the following:(i) Substantially interfering with educational opportunities, benefits, or programs of 1 or more pupils.(ii) Adversely affecting the ability of a pupil to participate in or benefit from the school district's or public school's educational programs or activities by placing the pupil in reasonable fear of physical harm or by causing substantial emotional distress.
(iii) Having an actual and substantial detrimental effect on a pupil's physical or mental health.
(iv) Causing substantial disruption in, or substantial interference with, the orderly operation of the school."
“There weren’t charged under the careless part of the clause.”
Can you send me a site so I can get a better understanding of that.
I have the opposite at this site coming from a statement made by Karen D. McDonald, the Oakland County prosecutor.
https://www.nytimes.com/2021/12/03/us/crumbley-parents-charged-michigan-shooting.html
“Ms. McDonald said the Crumbleys were culpable in the year’s deadliest school shooting because they had allowed their son access to a handgun while ignoring glaring warnings that he was on the brink of violence.”
We’re getting mixed messages from the same people.
wy69
The parents pleaded not guilty to involuntary manslaughter charges.
The elements of involuntary manslaughter have been set by the Michigan courts, not by the Michigan legislature. One will not find the definition of involuntary mansalughter in the Michigan Penal Code.
“One will not find the definition of involuntary mansalughter in the Michigan Penal Code.”
According to numerous news agencies they are being charged with it.
https://abc7ny.com/michigan-school-shooter-crumbley-parents-oxford-shooting-arrested/11302774/
There are more. And I have a hard time thinking a prosecutor would charge someone with a violation of a law that doesn’t exist. So at this point, I have no idea what they are charging them with except what the media is saying in many places. And that is involuntary manslaughter which they have plead not guilty to according to the sites I’ve looked in.
wy69
I’m not saying that involuntary manslaughter is not an offense.
I am saying that the offense is not described in the Michigan Penal Code.
I’m not saying the offense is not described. I am saying the offense is described in Michigan case law - the definition of the offense appears in case law, not the penal code.
Obviously it is a chargeable offense. If one wants to know the definition of the offense, it won’t be found in the Michigan Penal Code (which, FWIW, is the place you got the negligent discharge definition)
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