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R 2610 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.

Conditions of Suspension, Expulsion, and Other Disciplinary Consequences

All students who are suspended or expelled, regardless of the reason, are prohibited from participating in or attending any district-sponsored activity, or being on or near district property or the location of any district activity for any reason, unless permission is granted by the superintendent or designee.  When appropriate, the district may prohibit students from participating in activities or restrict a student’s access to district property as a disciplinary consequence even if a student is not suspended or expelled from school.  Likewise, a student may become ineligible for or be required to forfeit any honors and awards as a disciplinary consequence.

In accordance with law, any student who is suspended for an offenses listed in § 160.261, RSMo., or any act of violence or drug-related activity defined by policy 2673 as a serious violation of school discipline, shall not be allowed to be within 1,000 feet of any district property or any activity of the district, regardless of whether the activity takes place on district property, unless one of the following conditions exist:

  1.  The student is under the direct supervision of the student’s parent, legal guardian, custodian, or another adult designated in advance, in writing, to the student’s principal by the student’s parent, legal guardian or custodian, and the superintendent or designee has authorized the student to be on district property.
  2. The student is enrolled in and attending an alternative school that is located within 1,000 feet of a public school in the district.
  3.  The student resides within 1,000 feet of a public school in the district and is on the property of his or her residence.

If a student violates the prohibitions in this section, her or she may be suspended or expelled in accordance with the offense, “Failure to Meet Conditions of Suspension, Expulsion, or other Disciplinary Consequences,” listed below.

Academic Dishonesty – Cheating on tests, assignments, projects or similar activities; plagiarism; claiming credit for another person’s work; fabrication of facts, sources or other supporting material; unauthorized collaboration; facilitating academic dishonesty; and other misconduct related to academics.

First Offense:  Student will receive an automatic zero on the assignment and a discipline referral will be filed.

Subsequent Offense:  Student will receive an automatic zero on the assignment, parents will be contacted and will receive 0-5 days out-of-school suspension.

Alcohol/Drugs (see Board policies 2640, 2641, 2870) -

  1. Possession, sale, purchase or distribution of any over-the-counter drug, herbal preparation or imitation drug or herbal preparation.

First Offense:  In-school suspension or 1-180 days out-of-school suspension.

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

  1.  Possession of or attendance while under the influence of or soon after consuming any unauthorized prescription drug, alcohol, narcotic substance, unauthorized inhalants, counterfeit drugs, imitation controlled substances or drug-related paraphernalia, including controlled substances and illegal drugs defined as substances identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act.

First Offense:  In-school suspension or 1-180 days out-of school suspension.

Subsequent Offense:  11-180 days out-of-school suspension or explusion.

  1.  Sale, purchase, or distribution of any prescription drug, alcohol, narcotic substance, unauthorized inhalants, counterfeit drugs, imitation controlled substances or drug-related paraphernalia, including controlled substances and illegal drugs defined as substances identified under schedules I, II, III, IV or V in section 202(c) of the Controlled Substances Act.

First Offense:  1-180 days out-of-school suspension or explusion.

Subsequent Offense:  11-180 days out-of-school suspension or explusion.

Arson - Intentionally causing or attempting to cause a fire or explosion

First Offense:  In-school suspension, 1-180 days out-of-school suspension, or explusion.  Restitution if appropriate.

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

  1. Using physical force, such as hitting, striking or pushing, to cause or attempt to cause physical injury; placing another person in apprehension of immediate physical injury; recklessly engaging in conduct that creates a grave risk of death or serious physical injury; causing physical contact with another person knowing the other person will regard the contact as offensive or provocative; or any other act that constitutes criminal assault in the third or fourth degree.

First Offense:  Principal/Student conference, in-school suspension, Saturday detention, or 1-180 days out-of-school suspension, or explusion

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

  1. Knowingly causing or attempting to cause serious physical injury or death to another person, recklessly causing serious physical injury to another person, or any other act that constitutes assault in the first or second degree.

First Offense:  10-180 days out-of-school suspension or explusion.

Subsequent Offense:  Explusion.Automobile/Vehicle Misuse – Uncourteous or unsafe driving on or around district property, unregistered parking, failure to move vehicle at the request of school officials, failure to follow directions given by school officials or failure to follow established rules for parking or driving on district property.

First Offense:  Restitution, suspension or revocation of parking privileges, in-school suspension, Saturday detention, 1-180 days out-of-school suspension or explusion.

Subsequent Offense:  Restitution, revocation of parking privileges, in-school suspension, 1-180 days out-of-school suspension or explusion.

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

First Offense: In-school suspension, or 1-180 days out-of-school suspension.

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

Bus or Transporation Misconduct (see Board policy 2655)  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 at the student’s assigned school.  In addition, transportation privileges may be suspended or revoked.Fighting (see also, “Assault”)- Physically striking another in a mutual contact as differentiated from an assault.

First Offense:  Principal/Student conference, in-school suspension, Saturday detention, 1-180 days out-of-school suspension, or explusion.

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

Defiance of Authority - Refusal to obey directions or defiance of staff authority

First Offense:  Principal/Student conference, in-school suspension, Saturday detention, 1-180 days out-of-school suspension.

Subsequent Offenses:  In-school suspension, Saturday detention, 1-180 days out-of-school suspension, or explusion.

Dishonesty – Any act of lying, whether verbal or written, including forgery.

First Offense:  Nullification of forged document.  Principal/Student conference, or in-school suspension.

Subsequent Offense:  Nullification of forged document.  In-school suspension, or 1-180 days out-of-school suspension.

Disruptive Behavior - Conduct which has the intentional effect of disturbing education or the safe transportation of a student

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

Subsequent Offenses:  In-school suspension, Saturday detention, 1-180 days out-of-school suspension, or explusion.

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

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

Subsequent Offenses:  In-school suspension, Saturday detention, 1-180 days out-of-school suspenseion, or explusion.

Failure to Care for or Return District Property – Loss of, failure to return, or damage to district property including, by not limited to books, computers, calculators, uniforms, and sporting and instructional equipment.

First Offense:  Restitution.  Principal/Student conference, detention, or in-school suspension.

Subsequent Offense:  Restitution.  Detention or in-school suspension.

Failure to Meet Conditions of Suspension, Expulsion or Other Disciplinary Consequences – Violating the conditions of a suspension, expulsion or other disciplinary consequence including, but not limited to, participating in or attending any district-sponsored activity or being on or near district property or the location where a district activity is held.  See the secion of this regulation titled, “Conditions of Suspension, Expulsion and Other Disciplinay Consequences.”

As required by law, when the district considers suspending a student for an additional period of time or expelling a student for being on or within 1,000 feet of district property during a suspension, consideration shall be gieven to whether the student poses a threat to the safety of any child or school employee and whether the student’s presence is disruptive to the education process or undermines the effectiveness of the district’s discipline policy.

First Offense:  Verbal warning, in-school suspension, 1-180 days out-of-school suspension, or expulsion.  Report to law enforcement for trespassing if expelled.

Subsequent Offense:  In-school suspension, 1-180 days out-of-school suspension, or expulsion.  Report to law enforcement for trespassing if expelled.

False Alarms (see also “Threats or Verbal Assault”) – Tampering with emergency equipment, setting off false alarms, making false reports; communicating a threat or false report for the purpose of frightening or disturbing, disrupting the educational environment or causing the evacuation or closure of district property.

First Offense:  Restitution. Principal/Student conference, in-school suspension, Saturday detention, 1-180 days out-of-school suspension, or expulsion.

Subsequent Offense:  Restitution.  In-school suspension, Saturday detention, 1-180 days out-of school suspension, or explusion.

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

  1. Possession  or use of any firearm or weapon as defined in Board policy, other than those defined in 18 U.S.C. § 921, 18 U.S.C. § 930 (g) (2) or § 571.010, RSMo.

First Offense: In-school suspension, Saturday detention, 1-180 days out-of-school suspension, or explusion.

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

  1.  Possession or use of a firearm as defined in 18 U.S.C. § 921 or an instrument or device defined in § 571.010, RSMo., or any instrument or device defined as a dangerous weapon in 18 U.S. C. § 930 (g)(2).

First Offense:  One calendar year suspension or explusion, unless modified by the Board upon recommendation by the superintendent.

Subsequent Offense:  Explusion.

  1.  Possession or use of ammunition or a component of a weapon.

First Offense:  In-school suspension, Saturday detention, 1-180 days out-of-school suspension, or explusion.

Subsequent Offense:  1-180 days out-of-school suspension or expulsion.

Gambling – Betting on an uncertain outcome, regardless of stakes; engaging in any game of chance or activity in which something of real or symbolic value may be won or lost.  Gambling included, but is not limited to, betting outcomes of activities, assignments, contests and games.

First Offense:  Principal/Student conference, loss of privileges, or in-school suspension.

Subsequent Offense:  Principla/Student conference, loss of privileges, in-school suspension, or 1-10 days out-of-school suspension.Harassment, including Sexual Harassment (see Board policy 1300)

  1. Use of material of a sexual nature or unwelcome verbal, written or symbolic language based on gender, race, color, religion, sex, national origin, ancestry, disability or any other characteristic protected by law.  Examples of illegal harassment include, but are not limited to, racial jokes or comments; requests for sexual favors and other unwelcome sexual advances; graffiti; name calling; or threatening, intimidating or hostile acts based on a protected characteristic.

First Offense:   Principal/Student conference, in –school suspension, Saturday detention, 1-180 days out-of-school suspenseion, or expulsion.

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

  1.  Unwelcome physical contact of a sexual nature or that is based on gender, race, color, religion, sex, national origin, ancestry, disability or any other characteristic protected by law.  Examples include, but are not limited to, touching or fondling of the genital areas, breasts or undergarments, regardless of whether the touching occurred through or under clothing; or pushing or fighting based on protected characteristics.

First Offense:  In-school suspension, Saturday detention 1-180 days out-of-school suspension, or explusion.

Subsequent Offense:  1-180 days out-of-school suspension or explusion.

Hazing (see Board Policy 2920) – Any activity that a reasonable person believes would negatively impact the mental or physical health or safety of a student or put the student in a ridiculous, humiliating, stressful or disconcerting position for the purposes of initiation, affiliation, admission, membership or maintenance of membership in any group, class, organization, club or athletic team including, but not limited to, a grade level, student organization or district-sponsored activity.  Hazing can occur even when all students involved are willing participants.

First Offense:  In-school suspension or 1-180 days out-of-school suspension.

Subsequent Offense:  1-180 days out-of-school suspension or expulsion.

Incediary Devices or Fireworks – Possessing, displaying or using matches, lighters or other devices used to start fires unless required as part of n education exercise and supervised by district staff; possessing or using fireworks.

First Offense:  Confiscation.  Warning, principal/student conference, or in-school suspension.

Subsequent Offense:  Confiscation.  Principal/Student conference, in-school suspension, or 1-10 days out-of-school suspension.

Improper Display of Affection - Consensual kissing, fondling, or embracing

First Offense:  Principal/Student conference, or in-school suspenseion, or Saturday detention.

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

Subsequent Offenses:  In-school suspension, Saturday detention, or 1-10 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:

Subsequent Offenses:

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

First Offense:

Subsequent Offenses:

Disruptive or Demeaning Language or Conduct - Use of hate language to demean other persons due to the race, gender, disability, natural origin, or religious beliefs. This provision also includes

conduct, verbal, written, or symbolic speech which materially and substantially disrupts class, school activities, transportation, or school functions.

First Offense:

Subsequent Offenses:

Nuisance Items – Possession or use of items such as toys, games, and portable media players that are not authorized for educational purposes.

First Offense:  Confiscation.  Warning, principal/student conference, or in-school suspension.

Subsequent Offense:  Confiscation.  Principal/Student conference, in-school suspension, or 1-10 days out-of-school suspension.

Sexting and/or Possession of Sexually Explicit, Vulgar or Violent Material – Students may not possess or display, electronically or otherwise, sexually explicit, vulgar or violent material including, but not limited to, pornography or depictions of nudity, violence or explicit death or injury.  This prohibition does not apply to curricular material that has been approved by district staff for its educational value.  Students will not be disciplined for speech in situations where it is protected by law.

First Offense:  Confiscation.  Principal/Student conference, or in-school suspension.

Subsequent Offense:  Confisication.  In-school suspension, 1-180 days out-of-school suspension or explusion.

Sexual Activity – Consensual acts of sex or consensual simulation of sex including, but no limited to, intercourse or oral or manual stimulation.

First Offense:  Principal/Student conference, in-school suspension, or 1-180 days out-of-school suspension.

Subsequent Offense:  In-school suspension, 1-180 days out-of-school suspension, or explusion.

Technology Misconduct (see Board policies 6320 and 2420 and regulation 6320)

  1.  Attempting, regardless of success, to:  gain unauthorized access to a technology system or information; use district technology to connect to other systems in evasion of the physical limitations of the remove system; copy district files without authorization; interfere with the ability of others to utilize district technology; secure a higher level of privilege without authorization; introduce compuer viruses, hacking tools, or other disruptive/destructive programs onto or using district technology; or evade or disable a filtering/blocking device.

First Offense:  Restitution.  Principal/Student conference, loss of user privileges, or in-school suspension.

Subsequent Offense:  Restitution.  Loss of user privileges, 1-180 days out-of-school suspension, or expulsion.

  1.  Using, displaying or turning on pagers, phones, personal digital assistants, personal laptops, or any other personal electronic devices during the regular school day, including class change time, mealtimes or instruction class time, unless the use if part of the instruction program, required by a district-sponsored class or activity, or otherwise permitted by the building principal.

First Offense:  Confiscation, principal/student conference, in-school suspension, Saturday detention, 1-180 days out-of-school suspension.

Subsequent Offense:  Confiscation, in-school suspension, Saturday detention, 1-180 days out-of-school suspension, or explusion.

  1.  Violations, other than those listed in (1) or (2) above, of Board policy 6320, regulation 6320 or any policy or procedure regulating student use of personal electronic devices.

First Offense:  Restitution.  Principal/Student conference, or in-school suspension.

Subsequent Offense:  Restitution.  Loss of user privileges, in-school suspension, 1-180 days out-of-school suspension, or explusion.

  1.  Use of audio or visual recording equipment in violation of Board policy 2420.

First Offense:  Confiscation.  Principal/Student conference, or in-school suspension.

Subsequent Offense:  Confiscation.  Principal/Student conference, in-school suspension, or 1-10 days out-of-school suspension.

Theft - Nonconsensual taking or attempt to take the property of another

First Offense:  Return of or restitution for property.  Principal/Student conference, in-school suspension, Saturday detention, or 1-180 days out-of-school suspension.

Subsequent Offenses:  Return of or restitution for property.  1-180 days out-of-school suspension or expulsion.

Threats or Verbal Assault – Verbal, written, pictorial or symbolic language or gestures that create a reasonable fear of physical injury or property damage.

First Offense:  Principal/Student conference, in-school suspension, 1-180 days out-of-school suspension, or explusion.

Subsequent Offense:  In-school suspension, 1-180 days out-of-school suspension, or explusion.

Tobacco

1.  Possession  of  any tobacco products, electronic cigarettes, vaping devices or other nicotine-delivery products on district property, district transportation or at any district activity.  Nicotine patches or other medications used in a tobacco cessation program may only be possessed in accordance with district policy 2870.

First Offense:  Confiscation of prohibited product.  Principal/Student conference, in-school suspension, or Saturday detention or 1-10 days out-of-school suspension.

Subsequent Offense:  Confiscation of prohibited product.  In-school suspension, Saturday detention, or 1-180 days out-of-school suspension.

  1. Use of any tobacco products, electronic cigarettes, or other nicotine-delivery products on district property, district transportation or any district activity.Nicotine patches or other medications used in accordance with district policy 2870.

First Offense:  Confiscation of prohibited product.  Principal/Student conference, in-school suspension, Saturday detention, or 1-4 days out-of-school suspension.

Subsequent Offense:  Confiscation of prohibited product.  In-school suspension, Saturday detention, or 1-10 days out-of-school suspension.

Subsequent Offenses:

Truancy Absent or tardy from class or classes without authorization (See also Policy and Regulation 2340 - Truancy and Educational Neglect.)

First Offense:  Principal/Student conference, 1-4 days in-school suspension, or Saturday detention.

Subsequent Offenses:  4-10 days in-school suspension, or Saturday detention, and removal from extracurricular activities.

Unauthorized Entry – Entering or assisting any other person to enter a district facility, office, locker, or other area that is locked or not open to the general public; entering or assisting any other person to enter a district facility through an unauthorized entrance; assisting unauthorized person to enter a district facility through any entrance.

First Offense:  Principal/Student conference, in-school suspsension, or 1-180 days out-of-school suspension.

Subsequent Offense:  1-180 days out-of-school suspension or explusion.

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Last Updated: January 2019