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US: Student suspended 10 days, faced possible expulsion for laser pointer use in school

Quinn Mulcahy, a 6th-grade student playing with a laser pointer in a school hallway on May 25 2019, was suspended for two weeks and faced possible expulsion, despite his possession and use apparently being legal.

The Virginia Beach City Public Schools’ “Code of Student Conduct” prohibits weapons in school. It specifically addresses pointers: “When a laser pen is used to threaten, intimidate or injure, it is considered a weapon.”

The boy’s father, Paul Mulcahy, told LaserPointerSafety.com that his son only aimed a legal, low-powered laser pointer at lockers and the wall in Landstown Middle School. He said it was never used in an aggressive or potentially harmful manner. Mulcahy's account was not disputed by the school.

Mulcahy wrote “no kid should be suspended or expelled for having a cat toy at school…. A ‘spork’ from the cafeteria if used to threaten, intimidate or injure would be a more likely weapon than a 2 mW laser pointer.”

During an initial meeting on May 30, principal John Parkman told Mulcahy he was instructed to use a “Discipline Guidelines” document not available to parents, students or the public. The principal did email the father a page from the Discipline Guidelines about laser pointers which seemed to restate the Code of Conduct language. (The VBCPS Office of Student Leadership confirmed on June 11 that the Discipline Guidelines are "administration-only.")

At a second meeting on June 2, the principal said the VBCPS Office of Student Leadership decided the infraction was “Inappropriate Property” and there would be no further punishment or action beyond the two-week suspension that had already occurred.

The Code of Student Conduct defines inappropriate property as follows: “The unauthorized possession of use of any type of personal property, which disrupts the educational process, is prohibited. Specifically prohibited are electronic devices when they are not authorized or being used for academic purposes (including cell phones), lighters and other items deemed inappropriate….”

In the Discipline Guidelines, the recommended penalty for Inappropriate Property depends on the property. One option is a verbal warning or reprimand called “Level 1.” The penalty for the boy turned out to be Level 6, suspension 6-10 days. As stated above, Mulcahy had been told that expulsion was also possible. Expulsion is "Level 8," the highest punishment level.

On June 9, the school returned the laser pointer to Mulcahy.

Mulcahy says he has retained a lawyer and may take action against the principal and/or school board.
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