Is It Disorderly Conduct? And How Should the School Respond?

Author's note: The North Carolina Supreme Court reversed the decision of the court of appeals discussed below as to the adjudication for disorderly conduct. In re T.T.E., ___ N.C. ___, 831 S.E.2d 293 (2019). The state supreme court concluded that substantial evidence established that the juvenile perpetrated an “'annoying, disturbing, or alarming act ... exceeding the bounds of social toleration normal for'” the high school during the course of the instructional day through a public disturbance by “'engaging in violent conduct'” by “'throwing a chair toward another student in the school’s cafeteria.'”  A high school student throws a chair in the cafeteria. The chair doesn’t hit anyone; indeed, no one is in the immediate vicinity of the chair. The student runs out of the cafeteria. Has the student committed a crime? If so, how should school officials respond? The court of appeals addressed the first question in yesterday’s opinion in In re T.T.E., __ N.C. App. ___ (2018). T.T.E., a juvenile who was not yet sixteen, threw a chair in the cafeteria of Clyde A. Erwin High School in Asheville and then ran out of the cafeteria. The school resource officer, Mickey Ray, saw T.T.E. throw the chair and run from the room. Ray followed T.T.E. out of the cafeteria, snuck up behind him, and grabbed him by the shirt. T.T.E. cursed when Ray grabbed him and then told Ray he was playing with his brother when he threw the chair. T.T.E. was taken to a conference room, and a teacher [...]