Another gun incident at Berkeley High today

Berkeley High/Photo: Lance Knobel

Berkeley High School weathered another incident with a student carrying a gun today. The student involved in the previous incident on January 10 was finally arrested last night.

On today’s incident, Principal Pascuale Scuderi notified parents this afternoon that:

“At approximately 9:45 a.m. this morning BHS staff was given information indicating that a student was seen near the campus attempting to conceal a firearm. That information, along with a detailed description of all parties involved, was relayed to safety staff and administrators.

“An elevated security response was initiated and the Berkeley Police Department was notified immediately.

“Shortly afterwards, parties fitting the descriptions, now known to us to be Berkeley High School students, attempted to enter the campus and were immediately detained by BHS staff. Police officers and safety staff then confiscated a firearm and two individuals were arrested.

“Obviously we are pleased to report that no one was hurt. The Berkeley High School safety staff and the administrative team were calm, professional, and effective in their response. The relationships and rapport our staff has developed with students have been invaluable assets in maintaining campus safety all year long.

“Recommendations for expulsion will be immediately forwarded to the District’s Student Services Division and the two students who were arrested will not return to campus.

“I have requested additional police support for today’s dismissal simply as a precaution.

“As I stated earlier in the year I am extraordinarily conscious of how news like this impacts you as parents and can assure you that the safety of our students is always a top priority. We will continue to draw lessons from incidents like these and also dig deeper into strategies to prevent them and to counter the troubling fascination with guns in our culture.”

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  • laura menard

    I witnessed the principal, school safety officers and a BPD officer interviewing teens I know are associated with the West Side Berkeley gang. WSB is mostly active these days committing robberies in our schools. An hour later while walking back home from the downtown errand, I saw different teens associated with WSB hanging out in front of the school entrance, 2:30pm, no safety staff present.

    Most high school security operations such as Oakland Unified and El Cerrito high school employ sworn officers and put them in charge of supervision of the campus safety officers. BHS has a history of problematic issues regarding campus safety officers specifically insufficient training, procedures, protocols, coordination with law enforcement, and performance evaluations.

  • deirdre

    Laura: do you know what workplace union (if any) covers the school safety officers? I believe there are at least two unions of BUSD employees. Is one for teachers and one non-teachers? I’m curious about how performance evaluation issues get addressed, and if they are ever handled in a public setting at personnel hearings open to the public.

  • shorty

    So we now have two incidents in less than a month where kids have brought weapons to school.
    Tip of the iceberg, no doubt! I’m glad the school was able to get back to the business of teaching…..BUT….what is the school and this district going to do to prevent this from occurring again? I’m pleased to hear that Principal Scuderi shares the information with parent body, unlike the previous administration. Perhaps with this kind of transparency we will be able to start a discussion, at least, about how to handle this. Do we want metal detectors at BHS? I think not, but I have to say I am worried. I know a kid who brought a knife to school today, and his response was that he had to be able to protect himself. Yikes!!!!

  • laura menard

    Deidre,

    Classified union, and yes the safety officers have pulled every trick in the book alleging union rules, for instance, they used to claim that could not patrol civic center park or the sidewalk outside of campus because it violated their contract, I brought the ed code to the 2×2 meetings repeatedly and read the “duty to protect” statute covering 1000ft from campus. The safety officers used to claim they were prohibited from wearing identifiable clothing with a logo showing their status as campus safety officers because their union contract prohibited it.

    Folks need to just get used to the fact that many of the excuses we have been given for years and years are coming from rogue employees that are not fired but rewarded year after year. Victor Diaz is one such case, as principal of B-Tech he refused enrollment of some expelled or suspended BHS students even though his capacity was low enough to take these students. Yet Diaz is rewarded with a charter school.

    Years ago, I got a call one night from a staff member who has since left BUSD human resources dept. They asked me to get some info out publicly, at that time we did not have the Berkeleyside blog or I would have been able to publish it then, so now I will. The staff member told me that another staffer removed materials pertaining to safety officers performance from their file.

    It is true that safety staff are doing a better job in many respects than back in 2000-2006. But remember we only have a BPD school resource officer on campus 4 days, assuming they are not elsewhere on training, so BHS calls BPD.

    State law requires safety officers receive 20 hours of training per year, BHS claims they do this in house, there lies another problem of competency. For instance, misinterpreting the law, during recent safety committee meetings the dean and lead safety officer claimed they were prohibited from sharing the identities of perpetrators with school crime victims families. This is simply not true and violates the most basic victim rights. When a student stands up and identifies his attackers from a campus robbery, the family has every right to know the identities and offender status of those responsible for the robbery.

    At the same time that BUSD and the city embraces the concept of restorative justice, the district is adhering to some misplaced belief that student confidentially rules apply in a school crime incident. Somebody needs to sue these people.

  • berkopinionator

    Time to bring TSA style security to Berkeley High. Everyone should go through a metal detector. Everyone with a gun needs to be expelled. Everyone in a gang that is robbing people needs to be expelled.

  • http://blognabbit.blogspot.com deirdre

    RE comment from Laura Menard:
    “Years ago, I got a call one night from a staff member who has since left BUSD human resources dept. They asked me to get some info out publicly, at that time we did not have the Berkeleyside blog or I would have been able to publish it then, so now I will. The staff member told me that another staffer removed materials pertaining to safety officers performance from their file.”

    Funny that you should mention this: I heard about the very same stunt having been pulled a couple years back with regard to a recalcitrant career food service employee (rumored to be involved with gang activity) who was on the verge of being fired. Suddenly the file went missing.

    Things that make you go, “hmmmmmm……”

  • suckatash

    California Ed Code is incredibly weak with regards to gang affiliation. In other states, any known association with a known criminal gang like WSB would be grounds for immediate expulsion.

    Sounds reasonable to me. Anyone know why California Ed Code is so lenient in this regard?

  • http://www.benefitarts.org Jasmine Sunshine

    I am all for expelling a student that brings a gun to school. But what else happens? That student has raised a huge red flag and our community has a responsibility not to just throw these students out on the street, but rather to get them into programs that will council them and point them in a better direction. Throwing them out on the street only guarantees that they will continue to contribute to the violence and crime that already plagues our streets. I hope these sort of social service programs exist here in Berkeley.

  • Peggy

    As a school parent I appreciated the timely and thorough update. My daughter’s school day seems to have had minnimal disruption due to this incident which means thte school is doing its job: educating students. That may sound trivial to some but for the 3300 kids who go to Berkeley High it’s a lot.

  • Name Withheld

    It seems to me that the school needs to start hiring bouncers to enforce safety, instead of the wimpy mall cops they use now.

  • Name Withheld

    And I agree with other posters – Immediate and permanent expulsion for anyone who can be proven to be involved in gang activity. No appeals.

  • laura menard

    The point about gang members hanging out in front of the school is not to suggest than being in a gang makes a student eligible for expulsion, I mentioned this to point out
    1. no Safety staff posted at a time of day when so many people were coming and going through the A building gate.
    2. known gang members are not discouraged from wearing colors at school, a school aged group was hanging out in the park while their partner was contacted by police, all this occurred during class time, perhaps truant from B-tech

    The idea that BHS is so “big” unable to institute practices used by larger schools (Logan High Union City, real gangs by the way) is an tired excuse. The problem with BUSD is lack of values, principles and low expectations.

    Example: classroom and hallway theft – likely the single biggest violation of a students right to a safe school and an experience most kids will have. After the theft students are usually told how it was their fault for carrying personal electronics and the silver lining is training in managing the big world. At BHS more effort is spent blaming victims than changing the culture of “whatever you can get away with”. Politically powerful teachers control what administrative practices are encouraged and they since do not want to humilate the thieve most classroom theft is ignored or treated as part of the educational experience. Since the district has adopted the notion of restorative justice than these contradictions will need to addressed.

    Here is a link to case law on campus searches and detentions.
    http://le.alcoda.org/publications/files/SCHOOLSEARCHES.pdf

    Berkeley has long needed quality alternative programs, I have advocated for community day programs for over 15 years. When the west Berkeley committee resisted a community day program be included in the BUSD West Campus plan, Darryl Moore backed them rather than educate his constituents about why providing a community day program is the right thing to do.

  • Bruce Love

    re: “Immediate and permanent expulsion for anyone who can be proven to be involved in gang activity. No appeals.” The state and federal Supreme Courts generally have allowed appeals. Expulsion is a juridical processes, subject to review by higher courts. You have to be much more specific with your rule. Rules as vague as you have stated are very unconstitutional. Even a blanket rule like “conviction for an off campus offense means mandatory expulsion” is unlikely to pass Constitutional muster (which is not to say that expulsion for off campus offenses is in every case impossible).

  • Name Withheld

    What Constitution are you referring to, Bruce? I always thought a public education was considered a privilege, much like the “right” to drive. I don’t remember there being a “Right to Public Education” in the Federal or State Constitutions, but I haven’t reviewed either in a hell of a long time.

  • Bruce Love

    @Name, you’ll have to take that up with the Supreme Court of the United States and the lower appellate courts who have heard lot of cases about school rules, including expulsion rules and proceedings.

    Having entered the public education business, government schools do not have free reign to admit or exclude by any whimsical fancy that crosses their mind. Students entering the school, it is famously said, don’t shed themselves of their Constitutional rights nor does their participation in the school system grant the school totalitarian control over all aspects of a student’s life.

    Most importantly, in California, students are legally compelled to school and can be found guilty of a crime for not participating. A legally compulsory act is not a “privilege” but a duty. In this case, the schools govern the conditions under which the duty must be satisfied in most cases and, so, there are Constitutional checks on the school’s power.

    (Similarly, the state has a public interest in regulating driving – hences licenses – but that does not give the state absolute and arbitrary power over who may and who may not drive. For example, I trust you would agree that states may not pass a law denying driver’s licenses to women, right? Ok, well, how about women who have gotten a ticket for smoking at a bus stop – can a state deny that woman a driver’s license?)

  • Name Withheld

    @ Bruce ––– States can (and should) deny licenses to habitual DUI offenders. I see no reason something similar couldn’t be done in regards to gang activity & public schools.

  • Bruce Love

    @Name, if you are interested in the issues, do a web search for things like “school expulsion supreme court” – there are a lot of interesting cases and discussions.

    The DUI case is not comparable to the “gang activity” idea. DUI is well defined, “gang activity” is so vague that it is already unconstitutional right there. Repeated DUI offenses have a clear and direct relation to public safety but not everything conceivable under the umbrella “gang activity” relates to school safety and educational process. DUI is not protected by freedom of expression or association but some things commonly called “gang activity” are.

    It’s a neat tricky topic. There’s a lot on-line about it.

  • Fran Haselsteiner

    @Laura: Do you know if BSD is proactively checking students’ home addresses–i.e., whether they actually live in Berkeley?

  • laura menard

    Fran,

    Not in any consistent or systemic manner, a few years ago there was a concerted effort to do address checks in order to control the high cost of special education students. I recall reading in the paper during David Baggins’ campaign that the school board agreed to institute some controls but it seems they reneged and little has changed. I personally do not think illegal transfers are the biggest problem per se, as long as the district is enforcing their policy revoking enrollment of students due to truancy, behavior or academic failure. But I seriously doubt they are doing so, likely only for serious offenses which reach an expulsion level.

  • shorty

    Why does the City of Berkeley not have a gang task force if an known and ‘operating’ gang is on the prowl. The kids say they ‘well-known’ at school and are very much in the habit of robbery during the school day. No one is turning them in to school administration. Is anyone surprised? Perhaps the School Safety Committee can address the need to deal with gang violence, and this gang in particular. Look, the dealing is a well-known and very much tolerated ‘crime’ by the Berkeley Po-Po that happen to be parked just across the street. In light of the recent ‘activity’, perhaps it is time to have a metal detector at school. WHy not? Then the kids bringing weapons in order to ‘protect’ themselves might feel secure enough and leave them at home.

  • WEST BERKELEY

    I THINK THE ISSUE IS THAT ARE YOUNG MEMBERS OF THE WEST BERKELEY COMMUNITY FEEL AS IF THE SCHOOL CANT PROTECT THEM FROM OUTSIDERS COMING INTO THE SCHOOL PROPERTY AND HAVE DECIDED TO TAKE MATTERS INTO THERE OWN HANDS. LATINOS ARE NOT INTO RANDOM SCHOOL SHOOTINGS. THATS WHITE PEOPLES THING. WE SHOULD FOCUS ON NOT SENDING THEM TO JAIL BUT INSTEAD MAKING THEM FEEL SAFER.SO THAT THEY CAN FOCUS ON GETTING AN EQUAL EDUCATION.

  • WEST BERKELEY

    AGAIN SOCIETY HAS LOOKED AT THIS AS A CRIME. ALL I SEE IS A GROUP OF PEOPLE THAT FEEL THAT THE SCHOOL STAFF IS UNABLE TO PROTECT THEM AND HAVE TAKEN MATTER IN THERE OWN HANDS. LATINOS ARE NOT INTO RANDOM SCHOOL SHOOTINGS THATS WHITE PEOPLES THING. IF THERE BRINGING GUNS TO SCHOOL ITS BECAUSE THE SCHOOL IS NOT DOING THERE JOBS TO PROTECT THEM FROM OUTSIDERS. WEST BERKELEY LIVIN.

  • student

    because these students act as individuals and are not in gangs. brown people + guns =/= gang activity

  • ZIMBAYA

    STAY BUSTIN SH1T BRRRRRRRAAAAAAATTTTT