Policy on Deadly Weapons | KCTCS

Administrative Policies

 

Weapons on Campus Policy

Policy Number: 3.3.23

Current Effective Date: 11/01/2019

Original Effective Date: 05/19/1999

Revision Dates: 04/13/2005, 02/01/2010, 08/24/2012

Revision Number: 4

Revision Summary: Updates policy language and format; allows President to authorize use of certain weapons within scope of employment; Makes clear no KCTCS liability for unauthorized use or possession

Responsible Official: Vice President, Administrative Services

References: KRS 237.110; KRS 237.115; KRS 500.080; KRS 527.020

1. Purpose

This Policy affirms KCTCS’ right to regulate and control the use or possession of weapons, including deadly weapons, in its facilities and on its property and premises based on legislative authority or when KCTCS employees are acting within the scope of their employment.

2. Scope

2.1. This Policy applies: 

  • To all members of the KCTCS community, including employees, students, volunteers, and
  • Visitors;
  • On or in facilities, vehicles, property, and premises KCTCS owns or controls; and
  • In the Commonwealth of Kentucky or in connection with KCTCS business.

2.2. KCTCS reserves the right to take disciplinary action based on violation of this policy or local, state, and federal laws relevant to deadly weapons. 

2.3. KCTCS shall not be liable for or to employees or other individuals who violate weapons laws.

2.4  KCTCS employees, students, or other individuals who violate applicable weapons laws or policies may be subject to disciplinary or remedial action, up to and including termination of employment and/or expulsion and banning from KCTCS, or other appropriate action. KCTCS shall consider employees, students, or other individuals who violate applicable weapons laws as acting outside their scope of employment or beyond their legal relationship with KCTCS. In such cases, KCTCS shall not defend, indemnify, or reimburse the costs of civil, criminal, or other proceeding.

3. Policy

3.1. Deadly Weapons Defined. Per KRS 500.080(4), "Deadly weapon" means any of the following:

  1. A weapon of mass destruction; any weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged;
  2. Any knife other than an ordinary pocket knife or hunting knife;
  3. Billy, nightstick, or club; 
  4. Blackjack or slapjack;
  5. Nunchaku karate sticks;  
  6. Shuriken or death star; or
  7. Artifical knuckles made from metal, plastic, or other similar hard material.


3.2. Non-Lethal Weapons Defined. Non-lethal weapons are any items used to cause or threaten bodily harm to another or disrupt the KCTCS working, teaching, and/or learning environment.  

3.3. Prohibitions. As permitted by KRS 237.115(1) and in accordance with KRS 527.020, KCTCS prohibits deadly weapons  and unauthorized non-lethal weapons on or in any property, premises, or vehicles owned, leased, or controlled by KCTCS in any manner (e.g., rented, reserved, etc.), including but not limited to all:

  1. Buildings and facilities, including classrooms, laboratories, clinics, office buildings, residence halls, performance halls, museums, recreation facilities, farms and forests;
  2. Parking lots and structures;
  3. Vehicles owned, leased, or rented by KCTCS; and
  4. Outdoor areas of the campus or property of any unit of KCTCS.

3.4  Use of Weapons in the Scope of Employment. Unless otherwise permitted by applicable law or policy, no KCTCS employee may, without the advanced approval of the College or KCTCS President, possess or use weapons in the course of employment. The unauthorized possession or use of weapons in the course of employment is beyond the scope of a KCTCS employee’s job duties and may subject the employee to disciplinary action, up to and including termination of employment.

3.5  Exceptions.  Deadly weapons are prohibited on all property and premises owned, leased, or controlled by KCTCS in any manner (e.g., rented, reserved, etc.), with the following exceptions:

  1. Legitimate Academic/Operational Exceptions. Possession or use of deadly weapons as part of legitimate academic, athletic, or work-related activities (e.g., law enforcement training).
  2. Vehicle Exceptions. Deadly weapons contained wholly in a privately-owned vehicle in the parking lot of any KCTCS owned or controlled property do not violate this policy.  Removal of all or part of the weapon does violate this policy and may result in discipline, up to and including termination or expulsion.
  3. Specific Statutory Exceptions. Regardless of any other provision of this policy, the following individuals may possess deadly weapons onKCTCS owned, leased, or controlled property:
    1. Those with specific legal status under KRS 527.020, including: 

      •     Peace Officers;

      •     Certified court security officers in the discharge of their official duties;

      •     United States mail carriers when actually engaged in their duties;

      •     Agents and messengers of express companies, in the discharge of their official

            duties; and

      •     Police officers directly employed by state, county, city, or urban county

            governments. 

    2. Provided they hold a current license to carry a concealed deadly weapon (KRS 527.020):

      ·     Active or retired Commonwealth’s Attorney or assistant Commonwealth’s Attorney;

      •     Active or retired county attorney or assistant county attorney; and

      •     Active, retired, or senior status justice or judge of the Court of Justice.

      Those employees who occupy such status shall notify in writing their immediate supervisor and campus safety officer of their possession of deadly weapons. Students should notify the Dean of Students (or equivalent at their colleges).

3.6.  Authorized Weapons. The College or KCTCS President may authorize employees to carry and use for self-defense purposes only non-lethal weapons, clubs, or nightsticks in the course of employment or on premises or in vehicles owned or controlled by the KCTCS institution subject to the President’s authority.

  • Before authorizing use of non-lethal weapons, clubs, or nightsticks in the scope of employment, the President should consult with OGC.
  • Authorization to use non-lethal weapons in the scope of employment should be as narrowly authorized as possible to achieve the desired outcome and should not be authorized without first assuring proper training for those authorized to use them. 

3.7 Signage. The entrances to KCTCS property will be posted with proper signage prohibiting individuals from carrying deadly weapons in accordance with KRS 237.115(1) and (2)