Sedalia School District 200

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R 2610 Misconduct & Disciplinary Consequences: Smith-Cotton Junior High

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 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.

In all cases where disciplinary action is to be instituted, reasonable efforts will be made to contact a parent/guardian. In all incidents where there is criminal activity taking place, the Police Department will be notified. Infractions that occur at school activities or on school grounds are subject to these consequences.

In order for a student violation to be subject to any penalty for any infraction or misconduct that may be construed to impose any un-permitted constitutional restraint upon that student, the infraction or misconduct must have the effect of substantially and materially interfering with the educational process, adversely affecting the health, safety, or well-being of others, or constituting a crime if committed by an adult.

Students under suspension from school are not to attend school activities nor be on school grounds. Misconduct not listed will be subject to administrative review and discipline as deemed appropriate.

Note: Offenses indicated by an asterisk are considered serious offenses by state law or offenses designated by the Board as being of a serious nature requiring special handling of the student’s record of behavior.

Alcohol, Controlled Substances

Note: For the purposes of this policy “under the influence” shall mean engaging in the use of any unauthorized prescription drug, alcohol, narcotic substance, counterfeit drugs, or drug-related paraphernalia.

Consequence –

1st Offense – Parent contact, counselor, out of school suspension, legal authority, long term 2nd Offense – Parent contact, counselor, out of school suspension, legal authority, long term 3rd Offense – Parent contact, counselor, out of school suspension, legal authority, long term

Arson

Starting a fire, or attempting to start a fire, or causing an explosion with the intention to damage property or buildings of the Sedalia School District #200 or other persons.

Consequence –

1st Offense – Parent contact, out of school suspension, legal authority, long term Subsequent Offense – Parent contact, legal authority, recommendation for expulsion

Assault

Safe Schools Act: Prohibitions and reporting of student possession of weapons or controlled substances shall apply to the school playground or parking lot, school bus, or school activity whether on or off school property. The school district may recognize disciplinary actions of another school district whether in-state, or out-of-state, in a public, private, or charter school.

Consequence –

The school board shall not re-admit or enroll a pupil suspended for more than 10 days for school violence, regardless of whether the act was committed at a public or private school,

provided that the act was the cause of the suspension or expulsion in the case of a private school, without first holding a conference with the appropriate school officials.

1st Offense – Parent contact, in school suspension, out of school suspension, legal authority, long term

2nd Offense – Parent contact, out of school suspension, legal authority, long term

3rd Offense – Parent contact, out of school suspension, legal authority, long term

Bullying

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

“Bullying” means intimidation, unwanted aggressive behavior, or harassment that is repetitive, or is substantially likely to be repeated, and causes a reasonable student to fear for his or her physical safety or property; substantially interferes with the educational performance, opportunities, or benefits of any student without exception; or substantially disrupts the orderly operation of the school. May consist of physical actions, including gestures, or oral, cyberbullying, electronic, or written communication, and any threat of retaliation for reporting of such acts. Bullying of students is prohibited on school property, at any school function, or on a school bus.

“Cyberbullying” means bullying as defined in this subsection through the transmission of communication including, but not limited to a message, text, sound or image by means of an electronic device including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer or pager.

Consequence –

1st Offense – Conference with student, parent contact, out of school suspension, up to 10 days

2nd Offense – Conference with student, parent contact, out of school suspension, up to180 days

3rd Offense – Conference with student, parent contact, out of school suspension, recommendation for expulsion

Bus Misconduct

Any offense committed by a student on a district-owned or contracted bus shall be punished in the same manner as if the offense had been committed at the student’s assigned school. In addition, bus- riding privileges may be suspended or revoked.

Consequence –

1st Offense – Conference with student, parent contact, warning 2nd Offense – Parent contact, 1-day off bus

3rd Offense – Parent contact, 3-days off bus 4th Offense – Parent contact, 5-days off bus

5th Offense – Parent contact, loss of riding privileges

Cheating

Dishonesty while completing schoolwork plagiarism, and/or falsifying or altering records. Cheating offenses will be counted across all classes. This will restart each semester.

Consequence –

1st Offense – Parent contact, no credit

2nd Offense – Parent contact, no credit, mandatory 25% drop in quarter grade 3rd Offense – Parent contact, mandatory “F” for the semester

Chronic Misbehaving Students

Chronic misbehaving is defined as any one or more of the following:

Consequence –

1st Offense – Parent contact, in school suspension, out of school suspension, long term, behavior plan

2nd Offense – Parent contact, in school suspension, out of school suspension, long term, behavior plan

3rd Offense – Parent contact, in school suspension, out of school suspension, long term, behavior plan

Computer Misuse

Inappropriate use of a computer (Internet included) is any action by a student to view, print, or distribute pornographic materials, access private files, harassing, insulting or attacking others, damaging computer systems and/or computer networks, unauthorized tampering of hardware and/or software, violating copyright laws, and employing the network for commercial purposes.

Consequence –

1st Offense – Conference with student, parent contact, loss of privileges, restitution, in school suspension, out of school suspension

2nd Offense – Conference with student, parent contact, restitution, detention, in school suspension, out of school suspension

3rd Offense – Conference with student, parent contact, loss of privileges, restitution, detention, in school suspension, out of school suspension

Discriminatory Acts/Disparaging or Demeaning Language

Use of words or actions, verbal, written or symbolic, meant to harass or injure another person; i.e., threats of violence or defamation of a person’s race, religion, gender, or ethnic origin.

Consequence –

1st Offense – Parent contact, detention, in school suspension, out of school suspension, long term

2nd Offense – Parent contact, in school suspension, out of school suspension, long term 3rd Offense – Parent contact, out of school suspension, long term

Disorderly Conduct

Engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud, or other conduct which tends to cause or provoke a disturbance.

Consequence –

1st Offense – Parent contact, detention, in school suspension, out of school suspension 2nd Offense – Parent contact, in school suspension, out of school suspension

Repeat Offense – Parent contact, in school suspension, out of school suspension

Disrespectful Conduct or Speech

Consequence –

1st Offense – Parent contact, detention, in school suspension, out of school suspension 2nd Offense – Parent contact, in school suspension, out of school suspension

3rd Offense – Parent contact, out of school suspension

Failure to Serve a Detention

Knowingly and willfully refusing to serve an assigned detention.

Consequence –

1st Offense – Parent contact, detention

2nd Offense – Parent contact, detention, in school suspension, out of school suspension Repeat Offense – Parent contact, in school suspension, out of school suspension

False Alarms

Consequence –

Any Offense – Parent contact, in school suspension, out of school suspension, legal authority

2nd Offense– Parent contact, in school suspension, out of school suspension, legal authority 3rd Offense – Parent contact, out of school suspension, legal authority

False Reports

The act of falsely reporting incidents, or making false accusations, or giving false information to school personnel which would affect the welfare of others.

Consequences –

1st Offense – Parent contact, detention, in school suspension, out of school suspension 2nd Offense – Parent contact, in school suspension, out of school suspension Subsequent Offense – Parent contact, out of school suspension

Fighting

Occurs when two or more persons voluntarily or by agreement, engage in any fight, or use any blows or violence towards each other in any angry or quarrelsome manner, or do each other

willful mischief, or if any persons shall assault another and strike him in any public place to the terror or disturbance of others, the person, or persons, shall be deemed guilty of a misdemeanor.

Consequence –

1st Offense – Parent contact, in school suspension, out of school suspension, legal authority 2nd Offense – Parent contact, out of school suspension, legal authority, long term

3rd Offense – Parent contact, out of school suspension, legal authority, long term

Firearm

Safe Schools Act: Prohibitions and reporting of student possession of weapons or controlled substances shall apply to the school playground or parking lot, school bus, or school activity, whether on or off school property. The school district may recognize disciplinary actions of another school district whether in-state, or out–of state, in a public, private, or charter school.

In this policy, the term “firearm” is defined pursuant to federal law as set out in the most recent version of 18 United States Code Section 921. The term “firearm” includes, but is not limited to, such items as:

Consequence –

The school board shall not re-admit or enroll a pupil suspended for more than 10 days for school violence regardless of whether the act was committed at a public or private school, provided that the act was the cause of the suspension, or expulsion, in the case of a private school, without first holding a conference with the appropriate school officials.

1st Offense – Parent contact, out of school suspension, legal authority, alternative placement 2nd Offense - Parent contact, out of school suspension, legal authority, long term, alternative placement

3rd Offense – Parent contact, out of school suspension, legal authority, long term, alternative placement

Fireworks

Anything manufactured, processed, or packaged for exploding, emitting sparks or combustion, which does not have another common use.

Consequence –

Any Offense – Parent contact, in school suspension, out of school suspension, long term 2nd Offense – Parent contact, in school suspension, out of school suspension, legal authority

3rd Offense – Parent contact, in school suspension, out of school suspension, legal authority, long term, recommendation for expulsion

Forgery

The act of falsely using, in writing, the name of another person, or falsifying time, dates, grades, addresses, or other data on school forms.

Consequence –

1st Offense – Parent contact, no credit, detention, in school suspension

Repeat Offense – Parent conference, no credit, detention, in school suspension, out of school suspension

Subsequent Offense – Parent conference, no credit, detention, in school suspension, out of school suspension

Gambling

Making a bet as defined by Section 572.020 (4) RSMo, or engaging in conduct prohibited under Chapter 572,000 RSMo, possession and/or use of any gaming devices, including but not limited to playing cards or dice. Also any actions normally associated with gambling, such as pitching or matching coins, wagering or betting on sports events, or participation in pools.

Consequence –

1st Offense – Parent contact, detention, in school suspension, out of school suspension, confiscation

2nd Offense – Parent contact, detention, in school suspension, out of school suspension, confiscation

Subsequent Offense – Parent contact, detention, in school suspension, out of school suspension, confiscation

Hazing

Harassment, abuse, or humiliation by way of initiation. It can be physical, mental, or emotional.

Consequence –

1st Offense – Conference with student, parent contact, loss of privileges, in school suspension, out of school suspension

2nd Offense – Conference with student, parent contact, loss of privileges, in school suspension, out of school suspension

3rd Offense – Conference with student, parent contact, loss of privileges, out of school suspension

Inappropriate Display of Affection

Embracing, kissing, or caressing another in a situation or under circumstances deemed inappropriate.

Consequence –

1st Offense – Conference with student, parent contact, counselor, detention

2nd Offense – Conference with student, parent contact, counselor, detention, in school suspension

Subsequent Offense – Conference with student, parent contact, in school suspension, out of school suspension

Inciting Others to Violence or Disobedience

By words, acts, or deeds, giving encouragement to demonstrations or protests, which disrupt the normal educational process of the school.

Consequence –

1st Offense – Parent contact, detention, in school suspension, out of school suspension 2nd Offense – Parent contact, in school suspension, out of school suspension Subsequence Offense – Parent contact, out of school suspension

Insubordination

The willful failure to respond or carry out a reasonable directive by authorized school personnel.

Consequence –

1st Offense – Parent contact, detention, in school suspension, out of school suspension 2nd Offense – Parent contact, in school suspension, out of school suspension Subsequent Offense – Parent contact, in school suspension, out of school suspension

Interference with the Educational Process

Conduct, behavior, sleeping, cell phones/communication devices, electronic devices, social media, and attire, which interfere with the educational process including the use of obscene, suggestive, profane language, or gestures advocating disruptive or illegal activity. Tampering with others property and/or school district property.

Consequence –

1st Offense – Parent contact, detention, in school suspension, out of school suspension

2nd Offense – Parent contact, in school suspension, out of school suspension, legal authority Subsequent Offense – Parent contact, in school suspension, out of school suspension, legal authority

Laser Beam Light Brought To School

Laser beam lights have been determined to be harmful to the health of others if used in an improper manner. Laser beam lights are not to be in the possession, or used by a student on school grounds, school buses, or at school functions. Possession and /or use of laser lights will result in the following actions, in addition to notification of parents.

Consequence –

1st Offense – Confiscation, parent contact, in school suspension

2nd Offense – Confiscation, parent contact, in school suspension, out of school suspension 3rd Offense – Confiscation, parent contact, out of school suspension

Littering

Throwing or leaving waste, debris, or other litter on school property other than in an authorized and customary waste receptacle.

Consequence –

1st Offense – Conference with student, parent contact, detention, school service work, in school suspension

2nd Offense – Parent contact, detention, school service work, in school suspension Subsequent Offense – Parent contact, school service work, in school suspension

Obscenities

Possession of sexually explicit materials or illustrations, or use of profane and obscene language or

physical gestures. This includes sexting.

Consequence –

1st Offense – Conference with student, counselor, detention, in school suspension, out of school suspension, legal authority

2nd Offense – Parent contact, detention, in school suspension, out of school suspension, legal authority

Subsequent Offense – Parent contact, in school suspension, out of school suspension, legal authority

Physical Attack on Staff Member

The act of intentionally pushing, striking, or biting a staff member.

Consequence –

1st Offense – Parent contact, out of school suspension, legal authority, recommendation for expulsion

Subsequent Offense – Out of school suspension, legal authority, long term, recommendation for expulsion

Subsequent Offense – Out of school suspension, legal authority, long-term, recommendation for expulsion

Possession of Stolen Property

Possession of items that belong to another person, organization, or school system, without the consent of the rightful owner.

Consequence –

1st Offense – Parent contact, restitution, detention, school service work, in school suspension, out of school suspension, legal authority

2nd Offense – Parent contact, restitution, in school suspension, out of school  suspension, legal authority

3rd Offense – Parent contact, restitution, in school suspension, out of school  suspension, legal authority

Sexual Assault

Intentional touching of clothed, or unclothed, intimate part(s) of another person with any part(s) of the body, or with any object or device thereby causing offense or alarm, and acts prohibited or defined in Chapter 566.010 RSMo.

Consequence –

1st Offense – Parent contact, in school suspension, out of school suspension, legal authority, long term

Repeat Offense – Parent contact, out of school suspension, legal authority, long term, up to 180 days

Subsequent Offense – Parent contact, out of school suspension, legal authority, long term, recommendation for expulsion

Sexual Harassment

Consequence –

1st Offense – Parent contact, counselor, detention, in school suspension, out of school suspension, legal authority, long term

Repeat Offense – Parent contact, in school suspension, out of school suspension, legal authority, long term

Subsequent Offense – Parent contact, in school suspension, out of school suspension, legal authority, long term

Shakedown or Strong-Arm/Extortion

The act of extortion, or borrowing, or attempting to borrow any money or items of value from a person, unless both parties enter into the agreement freely and without the presence of either an implied or expressed threat.

Consequence –

1st Offense – Parent contact, restitution, school service work, in school suspension, out of school suspension, legal authority

2nd Offense – Parent contact, restitution, in school suspension, out of school  suspension, legal authority

Repeat Offense – Parent contact, restitution, in school suspension, out of school suspension, legal authority

Tardiness

The act of unexcused lateness to school, class, homeroom, or any other part of the student’s schedule.

Consequence –

4th Time in 1 semester – Parent contact, detention

7th Time in 1 semester – Parent contact, detention, in school suspension

9th Time in 1 semester – Parent contact, detention, in school suspension, legal authority Repeat Offense – Parent contact, in school suspension, legal authority

Theft

The act of taking, possessing, or concealing the property of another without owner’s consent. Consequence –

1st Offense – Counselor, restitution, school service work, in school suspension, out of school

suspension, legal authority, long term

Repeat Offense – Counselor, restitution, school service work, in school suspension, out of school suspension, legal authority, long term

Subsequent Offense – Restitution, out of school suspension, legal authority, long term

Threatening or Intimidating Acts

The act of verbally, or by gesture, threatening the well-being, health or safety, of any person on school property or in route to or from school.

Consequence –

1st Offense – Conference with student, parent contact, counselor, in school suspension, out of school suspension, legal authority

2nd Offense – Parent contact, in school suspension, out of school suspension, legal authority Repeat Offense – Parent contact, out of school suspension, legal authority

Tobacco (Use Of or Possession)

Use or possession of leaves of cultivated tobacco plants prepared for use in smoking, chewing, or as snuff on school property, bus, or at school activities. HB381 Section 407.933

  1. No person less than eighteen years of age shall purchase, attempt to purchase, or possess
  2. cigarettes or other tobacco products (electronic cigarettes/vapor pen) unless such person isan employee of a seller of cigarettes or tobacco products and is in such possession to effect a sale in the course of employment; or an employee of the division of liquor control for enforcement purposes pursuant to subsection 5 of section 407.934.
  3. Any person less than eighteen years of age shall not misrepresent his or her age to purchase cigarettes or tobacco products.
  4. Any person who violates the provisions of this section shall be penalized as follows:
    1. For the first violation, the person is guilty of an infraction and shall have any cigarettes or tobacco products confiscated.
    2. For a second violation, and any subsequent violations, the personisguiltyofan infraction, shall have any cigarettes or tobacco products confiscated and shallcomplete atobacco education or smoking cessation program, if available.

Consequence –

1st Offense – Confiscation; Use: out of school suspension, legal authority; Possession: in school suspension, out of school suspension, legal authority

2nd Offense – Confiscation; Use: out of school suspension, in school suspension, legal authority; Possession: out of school suspension, legal authority

Repeat Offense – Confiscation; Use: legal authority, long term; Possession: out of school suspension, legal authority, long term

Truancy

A willful absence from school or class without the principal’s permission/knowledge.

Consequence –

1st Offense – Parent contact, detention, in school suspension

2nd Offense – Parent contact, in school suspension, legal authority

Repeat Offense – Parent contact, in school suspension, out of school suspension, legal authority

Vandalism/Criminal Damage

The act of intentional destruction of property belonging to the Sedalia School District #200 or others. This shall also include tampering with, or causing the discharge, of any sprinkler

system or other apparatus installed in a school building for the prevention of fire, or for the safety of the school population or school property.

Consequence –

1st Offense – Parent contact, restitution, school service work, in school suspension, out of school suspension, legal authority, long term

Repeat Offense – Parent contact, restitution, school service work, in school suspension, out of school suspension, legal authority, long term

Subsequent Offense – Parent contact, restitution, school service work, in school suspension, out of school suspension, legal authority, long term

Weapons

The Safe School Act of 1996 states: “WEAPON” shall mean a “FIREARM” as defined under 18 U.S.C.921, and the following items are defined in section 571.010, RSMo are considered by the Sedalia School District #200 as CATEGORY I WEAPONS: a blackjack, a concealable firearm, an explosive weapon, a firearm, a firearm silencer, a gas gun, a knife, knuckles, a machine gun, a projectile weapon (including bows, arrows, pellet guns, sling shots, paint ball guns), a rifle, a shotgun, a spring gun, a switchblade knife or bullets.

In addition other items considered by the District to be weapons, classified as CATEGORY II WEAPONS: poisons, nunchucks, chains, throwing stars or other devices that could be used as a weapon to threaten others.

Other items which will be viewed as weapons and designated CATEGORY III WEAPONS include: fireworks, firecrackers and smoke bombs, throwing darts, laser pointers, nuisance items and toys, unauthorized tools, mace, etc.

NOTE: Any knife is classified as a Category I Weapon regardless of blade length.

Policy – All weapons or instruments that have the appearance of a weapon are prohibited within all school environments and the school zone, except for educational purposes as authorized in advance by the building principal or designee. These environments include, but are not limited to district- owned buildings, leased or rented facilities; school sponsored activities; field trips; school vehicles and buses; and any school bus stops. This policy is in effect before, during, and after school.

Student Reporting – Students who see, or become aware of, a weapon in school must not touch it or remain in its presence. Notify an adult immediately.

Exceptions – Pursuant to Missouri Statutes exemptions are granted to licensed peace officers, military personnel, or students participating in military training while performing official

duties; school district approved firearm safety courses; school district approved possession and use of dangerous weapons by a ceremonial color guard; school district approved gun or knife shows; school district approved possession and use of starter guns for athletic contests.

Development of Plan – In certain instances, indicated by “Dev plan” in the consequences section below, a parent contact and student must occur to establish a written plan for the student’s continuation in school. Some modification of the terms of the suspension may also be warranted at this time.

Consequence –

Any Offense – 1-365 days out of school suspension, out of school suspension, legal authority, long term

View Policy


Board Approved Date: July 2016
Board Approved Date: July 2016
Last Updated: February 2019