Misconduct and Disciplinary Consequences

STUDENTS Regulation 2610

Discipline

Misconduct and Disciplinary Consequences

The discipline code set out in this regulation is intended to be illustrative but not an exclusive listing of acts of misconduct and the consequences for each. Misconduct which is not specifically listed in this regulation may be deemed to warrant discipline up to and including expulsion following provision of all due process procedures. In addition, the disciplinary consequence listed for each offense may be increased or decreased by the Administration or the Board of Education due to mitigating or aggravating circumstances.

Copies of this regulation or the student handbook which includes the code of student conduct and disciplinary consequences, as well as the District’s corporal punishment policy, if any, will be provided to each student at the beginning of each school year. Copies of these documents will also be available for public inspection during normal business hours in the Superintendent’s office.

Any offense that constitutes a “serious violation of the district’s discipline policy” will be documented in the student’s discipline record. The principal reserves the right to vary from the discipline code as warranted.

Alcohol- Possession of or presence under the influence of alcohol regardless of whether the student is on school premises.

First Offense: In-school suspension or 1-10 days out-of-school suspension, loss of right to participate in extracurricular activities.

Subsequent Offenses: 10-180 days out-of-school suspension and loss of right to participate in extracurricular activities.

Arson – Intentionally causing or attempting to cause a fire or explosion.

First Offense: In-school suspension or 1-10 days out-of-school suspension, or expulsion. Restitution if appropriate.

Subsequent Offenses: 10-180 days out-of-school suspension or expulsion. Restitution if appropriate.

Assault – (Refer to Policy and Regulation 2673 – Reporting of Violent Behavior)

Assault of a Student or Staff Member – Use of physical force with the intent to do bodily harm.

First Offense: Principal/student conference and one of the following: detention, in-school suspension, 1-10 days out-of-school suspension, or expulsion.

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Subsequent Offenses: In-school suspension, 10-180 days out-of-school suspension, or expulsion.

Bullying – Intentional intimidation or infliction of physical, emotional, or mental harm (see Policy 2655).

Bullying occurs when a student:

owith another by any means including telephone, writing, cyber-bullying, or via electronic communications, intention to intimidate, or inflict physical, emotional, or mental harm without legitimate purpose, or

oPhysically contacts another person with the intent to intimidate or to inflict physical, emotional, or mental harm without legitimate purpose. Physical contact does not require physical touching, although touching may be included.

First Offense: 1-10 days out-of –school suspension.

Subsequent Offenses: 10-180 days out-of-school suspension or expulsion.

Fighting – Physically striking another in a mutual contact as differentiated from an assault.

First Offense: Principal/student conference and one or more of the following: detention, in-school suspension or 1-10 days out-of-school suspension, and/or loss of right to participate in extracurricular activities.

Subsequent Offenses: In-school-suspension, 10-180 days out-of-school suspension, or expulsion and loss of right to participate in extracurricular activities.

Defiance of Authority/Insubordination – Refusal through verbal or other actions to immediately comply/obey directions any legitimate request of a teacher, administrator, or staff member.

First Offense: Principal/student conference and one of the following: detention, in-school suspension, out-of-school suspension.

Subsequent Offenses: In-school suspension, 1-180 days out-of-school suspension, or expulsion.

Disrespectful Conduct or Speech

Disrespectful verbal, written or symbolic language or gesture that is inappropriate to public settings.

First Offense: Principal/student conference and one of the following: detention, in-school suspension, out-of-school suspension.

Subsequent Offenses: In-school suspension, 1-180 days out-of-school suspension, or expulsion.

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Disruptive Behavior – conduct which has the intentional effect of disturbing education or the safe transportation of a student.

First Offense: Principal/student conference and one of the following: detention, in-school suspension, out-of-school suspension.

Subsequent Offenses: In-school suspension, 1-180 days out-of-school suspension, or expulsion.

Drug/Controlled Substance

Possession or presence - under the influence of a controlled substance or substance represented to be a controlled substance while at school, on the school playground, on the school parking lot, a school bus or at a school activity whether on or off of school property.

First Offense: Contact the proper authorities: County Sheriff, Juvenile Services, DFS, etc. and In-school suspension or 1-10 days out-of-school suspension, and/or loss of right to participate in extracurricular activities.

Subsequent Offenses: Contact the proper authorities: County Sheriff, Juvenile Services, DFS, etc. and 10-180 days out-of-school suspension, or expulsion and loss of right to participate in extracurricular activities.

Sale – of a controlled substance or substance represented to be a controlled substance while at at school, on the school playground, on the school parking lot, a school bus or at a school activity whether on or off of school property.

Prescription Medication

Possession – of a prescription medication without a valid prescription for such medication on school premises or on a school bus.

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Distribution – of prescription medication to any individual who does not have a valid prescription for such medication on school premises or on a school bus.

Extortion – Verbal threats or physical conduct designed to obtain money or other valuables.

First Offense: Principal/student conference and/or detention, in-school suspension, 1-10 days out-of-school suspension, and/or loss of right to participate in extracurricular activities.

Subsequent Offenses: In-school-suspension, 10-180 days out-of-school suspension, or expulsion and loss of right to participate in extracurricular activities.

Electronic Devices (NEW) - Students who use or display cell phones, digital cameras, gaming devices, and all other personal electronic devices during the instructional day (upon entering school grounds until 3:40pm), as well as the duration of the regular daily bus routes, are subject to the following consequences:

First Offense – Principal/student conference and device is confiscated from the student and be picked up by the student at the end of the day.

Second Offense – Detention or in-school suspension and device is confiscated from the student and must be picked up by parent/guardian in the school office.

Third Offense- 2 days of in-school suspension or 1 day out-of-school suspension and device is confiscated from the student and must be picked up by parent/guardian in the school office.

Subsequent Offenses- 2-10 days of out-of-school and device is confiscated from the student and must be picked up by parent/guardian in the school office.

Parents may apply to the building principal to obtain a hardship exception. In such cases, the student’s cell phone must be retained in the principal’s office. Students granted a hardship may visit the office to use their cell phone for approved purposes. Telephones are also available in school offices for parents to contact their student for legitimate purposes. Inappropriate use of

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electronic devices during school sponsored activities will be subject to disciplinary actions and possible revocation of privileges.

Firearms and Weapons (Refer to Policy and Regulation 2620 – Firearms and Weapons in School).

Possession of a firearm or weapon

First Offense: Minimum of one-year suspension

Harassment (Refer to Policy 2130)

First Offense: Principal/student conference and one of the following: detention, in-school suspension or 1-10 days out-of-school suspension.

Subsequent Offenses: In-school-suspension, 10-180 days out-of-school suspension.

Horseplay - Physical horseplay and pushing/shoving, nonphysical verbal fights, and loud arguments

First Offense: Principal/student conference and detention or in-school suspension.

Subsequent Offenses:In-school suspension or 1-180 days out-of-school suspension.

Improper Display of Affection – consensual kissing, fondling, or embracing

First Offense: Principal/student conference, detention, in-school suspension or 1-10 days out-of-school suspension.

Subsequent Offenses: In-school-suspension, 10-180 days out-of-school suspension.

Improper Language

Threatening Language – Use of verbal, physical, or written threats to do bodily harm to person or personal property.

First Offense: Principal/student conference and one of the following: detention, in-school suspension, 1-10 out-of-school suspension.

Subsequent Offenses: In-school suspension, 1-180 days out-of-school suspension, or expulsion.

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Use of Obscene or Vulgar Language – Language which depicts sexual acts, human waste, and blasphemous language.

First Offense: Principal/student conference and one of the following: detention, in-school suspension, out-of-school suspension.

Subsequent Offenses: In-school suspension, 1-180 days out-of-school suspension, or expulsion.

Disruptive or Demeaning Language or Conduct - Defined as: the use of hate language to demean other persons in reference to race, gender, disability, national origin, sexual orientation, socio- economic status, or religious beliefs. This provision including but not limited to: name calling (regardless of intent), conduct, exclusion, verbal, written, or symbolic speech which materially and substantially disrupts class, school activities, transportation, or school functions. Constitutionally protected speech will not be punished.

First Offense: Principal/student conference and one of the following: detention, in-school suspension, 1-10 out-of-school suspension.

Subsequent Offenses: In-school suspension, 10-180 days out-of-school suspension, or expulsion.

Inappropriate Sexual Conduct (Refer to Policy and Regulation 2130 – Harassment)

Physical touching of another student – in the area of the breasts, buttocks, or genitals.

First Offense: Principal/student conference and one of the following: in-school suspension, out-of-school suspension.

Subsequent Offenses: In-school suspension, 1-180 days out-of-school suspension, or expulsion.

Use of sexually intimidating language, objects, or pictures.

First Offense: Principal/student conference and one of the following: detention, in-school suspension, out-of-school suspension.

Subsequent Offenses: In-school suspension, 1-180 days out-of-school suspension, or expulsion.

Indecent Exposure – includes display of breasts, buttocks, and/or genitals in a public location.

First Offense: Principal/student conference and one of the following: in-school suspension, out-of-school suspension.

Subsequent Offenses: In-school suspension, 1-180 days out-of-school suspension, or expulsion.

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Internet Infraction (NEW) - Any intentional misuse of the Internet. (i.e. viewing/downloading of pornography, sending malicious e-mail, etc.)

First Offense: Loss of network privileges for 1-9 weeks. (changed 2 to 9 to equal a qtr of school)

Subsequent Offense – Loss of network privileges for the remainder of the year.

Theft – Nonconsensual taking or attempt to take the property of another student, staff member, or belonging to the school.

First Offense: Restitution, principal/student conference, detention, in-school suspension, 1-10 days out-of-school suspension, or expulsion.

Subsequent Offenses: Restitution, 10-180 days out-of –school suspension.

Tobacco – possession or use of tobacco or tobacco products.

First Offense: Principal/student conference and one of the following: in-school suspension, out-of-school suspension.

Subsequent Offenses: In-school suspension, 1-180 days out-of-school suspension, or expulsion.

Truancy – Absent or tardy from class or classes without authorization (see Policy and Regulation 2340 – Truancy and Educational Neglect).

First Offense: Principal/student conference, detention, or 1-3 in-school suspension.

Second Offense: Detention or 3-10 days in-school suspension.

*If interventions do not cease the truancy the District is required to contact Division of Family Services to report Educational Neglect.

Vandalism – Intentional damage or attempt to damage property belonging to the staff, students, or District.

First Offense: Restitution, principal/student conference and one or more of the following: detention, in-school suspension, 1-10 days out-of-school suspension, or expulsion.

Subsequent Offenses: Restitution, 10-180 days out-of –school suspension.

Bus Transportation – Any offense committed by a student on transportation provided by or through the District shall be punished in the same manner as if the offense had been committed

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at the students assigned school. In addition transportation privileges may be suspended or revoked.

Note: High School student transported to receiving schools will have transportation privileges suspended or revoked if more than a principal/student conference is necessary.

Failure to Meet conditions of Suspension – coming within 1,000 feet of any public school in the district while on suspension for an offense that requires reporting to law enforcement or for an act of school violence or drug related activity defined by district policy as a serious violation of the district’s discipline policy.

In determining whether to suspend or expel a student consideration shall be given as to whether the student poses a threat to the safety of any child or school employee and whether the student’s

presence within 1,000 feet of the school is disruptive to the educational process or undermines the effectiveness of the school’s disciplinary policy.

First Offense: Verbal warning, in-school suspension, 1-10 days out-of-school suspension, or expulsion.

Subsequent Offense: In-school suspension, 1-10 days out-of-school suspension, or expulsion.

STUDENTSPolicy 2673

(Regulation 2673)

Discipline(Form 2673)

Reporting of Violent Behavior

The District requires school administrators to report acts of school violence to all teachers at the attendance area and other District employees who are directly responsible for the student's education or who interact with the student in the performance of the employee's duties, and who have a need to know. School administrators will also disclose to appropriate staff members portions of any student's individualized education program that is related to past or potentially future violent behavior. Violent behavior and the phrase acts of school violence are defined as the use of physical force by a student with the intent to do serious physical injury to another person while on school property, including a school bus, or while involved in school activities.

In addition the Superintendent/designee will report to law enforcement officials, as soon as is reasonably practicable, the commission of any of the acts or related juvenile offenses listed in Regulation 2673, which are committed on school property, including school buses, or while involved in school activities.

STUDENTSPolicy 2655

Discipline

Bullying

The District is committed to maintaining a learning and working environment free of any form of bullying or intimidation by students toward District personnel or students on school grounds, or school time, at a school sponsored activity or in a school related context. Bullying is the intentional action by an individual or group of individuals to inflict physical, emotional or mental suffering on another individual or group of individuals.

Bullying occurs when a student:

Communicates with another by any means including telephone, writing, cyberbullying, or via electronic communications, intention to intimidate, or inflict physical, emotional, or mental harm without legitimate purpose, or

Physically contacts another person with the intent to intimidate or to inflict physical, emotional, or mental harm without legitimate purpose. Physical contact does not require physical touching, although touching may be included.

Students who are found to have violated this policy will be subject to the following consequences depending on factors such as: age of student(s), degree of harm, severity of behavior, number of incidences, etc. Consequences: Loss of privileges, classroom detention, Conference with Teacher, parents contacted, conference with Principal, in-school suspension, out-of-school suspension, expulsion and law enforcement contacted.

District employees are required to report any instance of bullying of which the employee has first-hand knowledge. Moreover, the District will provide training for employees relative to enforcement of this policy.

STUDENTSPolicy 2620

(Regulation 2620)

Discipline

Firearms and Weapons in School

The District recognizes firearm and weapon possession as a potential threat to the health, safety and security of students, employees, and other persons. The District will not tolerate the presence of firearms or weapons on the premises of our schools. This prohibition includes possession of firearms and weapons on school playgrounds, school parking lots, school buses, and at school activities, whether on or off school property. The District complies with the provisions of the Improving America's Schools Act of 1994 and other applicable federal and state law.

Nothing in this policy shall prohibit the District from permitting a Civil War re-enactor to bring a Civil War era weapon to school for educational purposes so long as the weapon is not loaded.

Students who violate this policy will be suspended for no less than one (1) year and are subject to permanent expulsion. However, the Superintendent may recommend to the Board a modification of the suspension on a case-by-case basis. Students with disabilities under the Individuals with Disabilities Act and/or Section 504 of the Rehabilitation Act are entitled to the protections of those laws.

This policy will be annually submitted to the Department of Elementary and Secondary Education together with a report of disciplinary action taken for possession of a "firearm" or "weapon" as defined in Regulation 2620.

STUDENTSPolicy 2130

(Regulation 2130)

Nondiscrimination and Student Rights(Form 2130)

Harassment

It is the policy of the District to maintain a learning environment that is free from harassment because of an individual's race, color, sex, national origin, age, ethnicity, disability, sexual orientation, or perceived sexual orientation. The School District prohibits any and all forms of unlawful harassment and discrimination because of race, color, sex, national origin, age, ethnicity, disability, sexual orientation, or perceived sexual orientation.