V916.01 Firearms/Weapons

I. Purpose and Scope

To set forth Valley City State University’s (VCSU) policy on firearms or dangerous weapons on campus and to provide that violation of this policy may subject employees and students to internal VCSU disciplinary processes.

II. Definitions

A. Employee: for the limited purposes of this policy, any individual who is employed by VCSU, whether full or part time, including but not limited to staff, faculty, contractors, and volunteers.

B. Student: a person who is currently, or was at the time of the offense, matriculated and/or registered in any class or program of instruction or training offered by VCSU at any level, whether or not for credit.

C. Campus: Campus is defined as all VCSU owned buildings and surrounding areas such as sidewalks, walkways, driveways and parking lots under VCSU’s ownership or control. This policy applies to all state vehicles.

D. Firearm or dangerous weapon: for purposes of this policy a firearm or dangerous weapon includes, but is not limited to, the following:

(1) Any switchblade or gravity knife, machete, scimitar, stiletto, sword, dagger, or knife with a blade of five inches or more (A Leatherman or other small pocket knife is permissible, as long as the blade is 5 inches or less in length. Knives intended to be used as eating utensils, and stored or maintained in kitchens or lunchrooms do not represent a violation of this policy)

(2) Any throwing star, nunchaku, or other martial arts weapon;

(3) Any billy, blackjack, sap, bludgeon cudgel, metal knuckles, or sand club;

(4) Any slingshot; any bow and arrow, crossbow, or spear;

(5) Any weapon that will expel, or is readily capable of expelling, a projectile by the action of a spring, compressed air, or compressed gas, including any such weapon, loaded or unloaded, commonly referred to as a BB gun, air rifle, or CO2 gun;

(6) Any projector of a bomb or any object containing or capable of producing and emitting any noxious liquid, gas, or substance;

7) A firearm, whether loaded or unloaded, from which a shot may be discharged including but not limited to handguns, pistols, revolvers, shotguns, rifles, air rifle, and bb guns;

(8) Any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;

(9) Any destructive device;

(10) Any device designed as a weapon and capable of producing great bodily harm, including but not limited to, stun guns, stun batons;

(11) An electric weapon such as a taser gun;

(12) Any combustible or flammable liquid, or other substance, device, or instrumentality that, in a manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm, or any fire that is used to produce death or great bodily harm.

III. Policy

A. To promote a learning environment and workplace safe and free of violence for all students and employees, VCSU prohibits firearms and dangerous weapons on campus. VCSU prohibits employees, students, and visitors from carrying or possessing a firearm or dangerous weapon while on campus or while participating in VCSU sponsored activities or events. It is VCSU’s policy to maintain a firearms and weapons free work place and prohibit the possession of firearms and weapons regardless of any license or permit an individual may have which would otherwise authorize the individual to carry firearms or weapons.

B. Exceptions

(1) The VCSU President retains authority to provide exceptions to this policy as deemed necessary.

(2) The VCSU President may give consent to a qualifying individual to store a firearm or dangerous weapon in a campus residence so long as the residence does not provide housing to undergraduate or graduate students. (See NDUS 916.1).

(3) This policy permits a person to keep a legal unloaded firearm locked inside or locked to a private motor vehicle in a parking lot, if the firearm is kept for lawful purposes.

C. Violation of this Policy is considered a serious offense that endangers the safety of students, employees, and others.

D. Because violation of this policy is a serious offense, disciplinary action up to and including discharge from employment or expulsion from school is permissible.

IV. Procedure

A. Student violations will be addressed according to the disciplinary procedures outlined in V520.01 Code of Student Conduct.

B. Staff violations will be addressed according to the disciplinary procedures outlined in NDUS Human Resource Policy Manual Section 25 Job Discipline/Dismissal.

C. Faculty violations will be addressed according to NDUS 605.3 Nonrenewal, Termination or Dismissal of Faculty; and V605.03 Non-renewal, Termination or Dismissal and Sanction of Faculty Members.

D. When appropriate a referral to law enforcement may be made which may result in criminal charges.

V. References

A. State Law

N.D.C.C. §62.1-01-01 Definitions- General Provisions

N.D.C.C. §62.1-02-01 Persons who are not to possess firearms-- Penalty

N.D.C.C. §62.1-02-05 Possession of a firearm or dangerous weapon at a public gathering; Penalty-- Application

N.D.C.C. §62.1-02-06 Discharge of firearm within city—Penalty—Application

N.D.C.C. §62.1-02-09 Possession of explosive and destructive device in government building—Penalty

N.D.C.C. §62.1-02-10 Carrying loaded firearm in certain vehicles prohibited—Penalty—Exceptions

N.D.C.C. §62.1-02-11 Possessing explosive prohibited—Exception—Penalty

N.D.C.C. §62.1-02-05 Possession of secured firearm—Prohibition by employer prohibited

B. Policies

NDUS Human Resource Policy Manual Section 25 Job Discipline/Dismissal

NDUS 605.3 Nonrenewal, Termination or Dismissal of Faculty

NDUS 916.1 Possession of a Firearm or Dangerous Weapon in a Campus Residence

V520.01 Code of Student Conduct

V605.03 Non-renewal, Termination or Dismissal and Sanction of Faculty Members.

Sponsored by: Vice President of Student Affairs

Approved: Fall 2007

Revised: August 2018