A student's knowing refusal to permit a search authorized by this policy shall result in a suspension of up to 45 days and may result in a recommendation for expulsion to the School Board.

Prior to any such suspension or expulsion, the hearing officer or other adjudicative body must find, based on the evidence presented from the school administration and the student, that notice of this policy was provided to the student, that reasonable cause for the search existed and that the refusal to permit the search was knowing.

For purposes of this section, a student's refusal to permit a search is "knowing", if the student is aware that a school official asked the student to allow a search to be conducted.

"Notice" of this policy shall be deemed provided if the school official has advised the student, either verbally or in writing, that failure to permit the search shall result in a suspension of up to 45 days and may result in a recommendation for expulsion, either during or before the incident in question. Evidence that written copies of this policy were distributed to all registered students before the incident shall create the presumption that the student had such notice.

( cf. 5131.6 – Alcohol and other Drugs )
( cf. 5131.7 - Weapons and Dangerous Instruments )

Legal Reference:

ALASKASTATUTES
4 AAC 07.010 - 4 AAC 07.900 Student rights and responsibilities

New Jerseyv. T.L.O.,469U.S.325 (1985)