In re Benjamin B. CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

On November 8, 2013, Seaside High School Resource Officer Joshua Parker received a report of a student causing a disturbance on the north side of campus. Officer Parker and the school principal responded to the scene, where they found the minor shouting expletives at the school liaison, Mr. Green. The minor’s shirt was hanging from his neck, exposing his bare chest. He had begun yelling at Mr. Green after he was instructed to wear his shirt properly. School officials attempted to speak with the minor, but he continued screaming obscenities, drawing a teacher and a number of students from a nearby classroom out into the hallway. As the crowd of observers grew, Officer Parker asked the minor to go with him to another classroom where they could talk at a more appropriate volume. The minor, stating that the principal would suspend him, began to leave. Before leaving, the minor resumed yelling profanities and stated that “he wasn’t going to listen to anybody.” He then exclaimed: “You can kiss my white butt, all of you,” whereupon he pulled down his pants and underwear, exposing his penis and buttocks to bystanders. The minor continued to walk away…