The incident took place the week of October 14th, when fifth grader Johnny Jones asked his teacher for a pencil during class. Jones walked to the front of the classroom to retrieve the pencil, and during his walk back to his seat, a classmate and friend of Johnny’s held his folder like an imaginary gun and “shot” at Johnny. Johnny playfully used his hands to draw the bowstrings on a completely imaginary “bow” and “shot” an arrow back. Seeing this, another girl in the class reported to the teacher that the boys were shooting at each other. The teacher took both Johnny and the other boy into the hall and lectured them about disruption. The teacher then contacted Johnny’s mother, Beverly Jones, alerting her to the “seriousness” of the violation because the children were using “firearms” in their horseplay, and informed her that the matter had been referred to the Principal. Principal John Horton contacted Ms. Jones soon thereafter in order to inform her that Johnny’s behavior was a serious offense that could result in expulsion under the school’s weapons policy. Horton characterized Johnny’s transgression as “making a threat” to another student using a “replica or representation of a firearm” through the use of an imaginary bow and arrow.