Mr. Joseph P. Madden, 1994 S.C. Op. Atty. Gen. 62 (1994)

1994 S.C. Op. Atty. Gen. 62 (S.C.A.G.), 1994 S.C. Op. Atty. Gen. No. 25, 1994 WL 199757
Office of the Attorney General
State of South Carolina
Opinion No. 94-25
April 11, 1994
*1 Mr. Joseph P. Madden
Public Information Officer
Jasper County Schools
Post Office Box 848
Ridgeland, SC 29936
Dear Mr. Madden:
You have requested the opinion of this Office as to certain matters relating to the arrest of students “disturbing a school.”
You have set forth two different circumstances which are discussed below.
The first circumstance concerns fighting. Under S.C.Code Ann. § 16–17–420 (1976) for a person “... to interfere with or
to disturb in any way ... the students or teachers of any school ...” is unlawful. No case has apparently addressed the
question of whether fighting would constitute interference or disturbance of a school, however, giving “interfere” and
“disturb” their plain meanings 1 would include fighting which was, in fact, disruptive of a classroom, school corridor or
any other part of the school campus where students or faculty are engaged in school activities. The Court might construe
these terms to apply to any part of the campus regardless of whether students or other students or faculty were present.
The fighting might also constitute assault and battery. See State v. Hill, 254 S.C. 321, 175 S.E.2d 227 (1970).
If your school district believes that a crime has occurred by students fighting on campus, the district should report
the matter to its local law enforcement agency. That agency could determine whether an arrest should be made.
Certainly, too, the students could be subject to discipline in accordance with any applicable parts of your school district's
disciplinary policy. We have not seen your District's policy.
The other circumstance that you have mentioned is a student's refusal to leave the school campus or school bus when
requested to do so by a principal. Depending upon the facts, this conduct could constitute disturbance of a school.
Moreover, it might also constitute loitering (§ 16–17–420) or trespass pursuant to §§ 16–11–530, 16–11–600 and 16–11–
620 assuming that the principal has properly directed the student to leave, and the student has failed or refused to do so.
Refusal to leave might also violate § 16–17–420 as to entry of a school campus without permission. If a crime has been
committed in the refusal to leave, law enforcement officers could be called to handle the matter.
In connection with the refusal of a student to leave campus, you have asked whether the student's use of offensive
language toward the principal or police officer may make the student subject to arrest. If the language included the
threat to take the life of or inflict bodily harm on the principal, the conduct could constitute a crime pursuant to § 16–
3–1040 (Supp.1993). This statute would probably also apply to such conduct directed to a law enforcement officer as a
“public official” under § 16–3–1040. See Ops. Att'y Gen. September 8, 1992. Use of obscene or profane language near a
“schoolhouse” might constitute disorderly conduct under § 16–17–530 or it might constitute disturbing the school under
§ 16–17–420. Of course, use of obscene language may be subject to sanction under the school district's disciplinary policy
if such conduct is prohibited thereunder.

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 Mr. Joseph P. Madden, 1994 S.C. Op. Atty. Gen. 62 (1994)

*2 The purpose of this response is not to outline each and every possible crime that might be applicable to a given set
of circumstances. Whether a crime has been committed would depend upon the particular facts of a situation; however,
I hope that this letter provides you with some guidance to the general applicability of criminal laws as to fighting and
trespass on school premises and threats to kill or do bodily harm to school officials and other public officers. Should
you need additional information, please do not hesitate to contact me.
CONCLUSION
South Carolina possesses laws which provide for a tough, but fair, policy in the schools to protect administrators, teachers
and students. If these laws are used forcefully, firmly and fearlessly, they will greatly help to make schools the safe zones
we need.
Emphasis by school officials should be on using existing laws to make the school safe, not just in name, but in fact.
That includes every classroom, every hallway, each restroom, all gyms and parking lots. Fighting constitutes disrupting
a school and is against State law. Failure to leave a school campus when directed to do so by a principal is against State
law, too. So is using foul or abusive language against a teacher, staff member or police officer.
If school officials use the legal tools that are available to them, administrators, staff, teachers and students will not forfeit
their right to safety and security at the schoolhouse door.
1. South Carolina Code Section 16–17–420 makes it unlawful to interfere with or to disturb in any way the students or
teachers of any school.
2. Fighting would be included within the prohibition of Section 16–17–420.
3. This statute could be interpreted to include any part of the school campus, regardless of whether students or other
students or faculty are present.
4. Such fighting may also constitute assault and battery.
5. If a school district believes a crime has occurred by students fighting on campus, the matter should be reported
immediately to local law enforcement.
6. Students fighting on school grounds would be subject to a school's disciplinary policy, in addition to any criminal
penalties contained in Section 16–17–420.
7. Failure by a student or other person to leave a school campus or school bus, when requested to do so by a principal,
could, under particular circumstances, constitute a criminal offense.
8. Such failure could constitute disturbance of a school, loitering (Section 16–17–420), trespass (Sections 16–11–530, 16–
11–600, 16–11–620) (assuming the principal has directed the student to leave and the student does not), or entry of a
school without permission (Section 16–11–420).
9. Calling local law enforcement would be the proper procedure to remove a student or other person who fails to leave
when directed by a principal.
10. Use of foul or offensive language toward a principal, teacher, or police officer can constitute a crime. Such conduct
could, depending on the circumstances, be a threat to harm a teacher or principal (Section 16–3–1040 [ [Supp.1993]).
Such conduct may also constitute disorderly conduct (Section 16–17–530) or disturbing the school (Section 16–17–420).

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 Mr. Joseph P. Madden, 1994 S.C. Op. Atty. Gen. 62 (1994)

*3 11. Use of obscene or offensive language may also be subject to discipline under a school's policy in addition to
criminal penalties.
 Sincerely yours,
T. Travis Medlock
Attorney General
Footnotes
“Where the terms of a statute are clear and unambiguous, there is no room for interpretation and we must apply them
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according to their literal meaning.” South Carolina Department of Highways and Public Transportation v. Dickinson, 288
S.C. 134, 341 S.E.2d 134 (1986).

1994 S.C. Op. Atty. Gen. 62 (S.C.A.G.), 1994 S.C. Op. Atty. Gen. No. 25, 1994 WL 199757
End of Document

© 2016 Thomson Reuters. No claim to original U.S. Government Works.

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