Maybe a bit of rationality will enter the picture. Isn't intent an aspect of determining guilt? These stories remind me of that girl who was suspended for tylenol - it violated the zero tolerance for drugs policy.
"HOUSTON – Unaware it had turned cool overnight, Eddie Evans's 12-year-old son bolted out of the house in shirt sleeves. He was on his way to the bus stop when his mother called him back for a jacket. In third period the boy discovered that the three-inch pocketknife he had taken to his last Boy Scout meeting was still inside his coat - a definite no-no under the school's zero-tolerance policy. Unsure what to do, he consulted a friend before putting the knife in his locker. The friend turned him in and, after lunch, police arrested him and took him to a juvenile-detention center without contacting his parents, according to senate testimony"
From: Click here: Why tolerance is fading for zero tolerance in schools | csmonitor.com