Newtown-Harris R-III

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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.

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

First Offense: 1-10 days of OSS and possible referral to the superintendent for 11-180 days *Additional penalties will apply through activities/athletics

Subsequent Offenses: 1-10 days of OSS and possible referral to the superintendent for 11-180 days *Additional penalties will apply through activities/athletics

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

First Offense: 1-10 days OSS, 11-180 days OSS restitution, law enforcement report

Subsequent Offenses: 1-10 days OSS, or 11-180 days OSS restitution, law enforcement report plus referral to superintendent for additional consequences

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: 1-3 days ISS OR 1-10 days OSS OR Referral to superintendent for 11-180 days OR Referral to BOE for expulsion Referral to law enforcement/juvenile authorities

Subsequent Offenses:1-10 days OSS Referral to superintendent for 11-180 days and/or Referral to law and/or enforcement/juvenile authorities or referral to BOE for expulsion

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

First Offense: Warning/Detentions 1-3 days of ISS 1-10 days OSS or Referral to superintendent for 11-180 days OSS *Referral to law enforcement and parents

Subsequent Offenses:3 days ISS OR 1-10 days of OSS OR Recommendation to superintendent for 11-180 days OSS

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

First Offense: Conference, Detentions 1-3 days ISS 1-10 days OSS OR Recommendation to Superintendent for 11-180 days

Subsequent Offenses: 1-10 days OSS OR Recommendation to Superintendent for 11-180 days

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

First Offense: Conference/Detentions 1-3 ISS 1-10 days OSS

Subsequent Offenses: 3 days of ISS 1-10 days OSS

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

First Offense: Warning/Detentions 1-3 days ISS 1-10 OSS

Subsequent Offenses: 1-3 days ISS 1-10 OSS or Recommendation to superintendent for 11-180 days OSS

Drugs/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: ISS 1-10 days OSS Notification to law enforcement Additional athletic/activity consequences

Subsequent Offenses: ISS 1-10 days OSS Referral to superintendent for additional time out of school (11-180 days) Notification to law enforcement Additional athletic/activity consequences

Sale of a controlled substance or substance represented to be a controlled substance while at school or at any of the locations described above.

First Offense: 10 days OSS Notification to law enforcement Additional athletic/activity consequences

Subsequent Offenses: 10 days OSS Referral to superintendent for additional time out of school (11-180 days) or referral to BOE for expulsion Notification to law enforcement

Prescription Medication

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

First Offense: 1-10 days ISS 1-10 days OSS

Subsequent Offenses: 1-10 days OSS Recommendation to superintendent for 11-180 days or expulsion

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.

First Offense: 1-10 days ISS 10 days OSS Referral to law enforcement Additional athletic/activity consequences Notification to parents and law enforcement

Subsequent Offenses: 1-10 days OSS Referral to superintendent for additional time out of school (11-180 days) or referral to BOE for expulsion Notification to parents and law enforcement

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

First Offense: Warning/Detentions 1-10 days of ISS Restitution, if applicable 1-10 days of OSS if physical contact used to extort Notification to parents and law enforcement

Subsequent Offenses: 1-10 ISS 1-10 OSS Recommendation to superintendent for 11-180 days or Expulsion Notification to parents and law enforcement

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

Possession of a firearm or weapon

First Offense: 10 days OSS & Referral to superintendent/board May be modified on a case-by-case basis upon recommendation of the district superintendent, if the Superintendent determines that circumstances justify such a modification.

Subsequent Offenses: 10 days OSS & Referral to superintendent/board May be modified on a case-by-case basis upon recommendation of the district superintendent, if the Superintendent determines that circumstances justify such a modification.

Harassment

First Offense: Warning, 1-10 days of ISS 1-10 days OSS Other penalties may apply based on nature of the discipline report

Subsequent Offenses: 1-10 days of OSS or Referral to Superintendent for 11-180 days of OSS Other penalties may apply based on nature of the discipline report

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

First Offense: Warning Detention

Subsequent Offenses: 1-3 days of ISS

Improper Language

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

First Offense: Warning, 1-3 Detentions 1-10 days ISS 1-10 days OSS Recommendation to Superintendent for 11-180 days or expulsion Possible referral to law enforcement

Subsequent Offenses: 1-10 days ISS 1-10 days OSS Recommendation to Superintendent for 11-180 days or expulsion Possible referral to law enforcement

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

First Offense: Warning, 1-3 Detentions 1-10 days ISS 1-10 days OSS (OR) Recommendation to superintendent for 11-180 days of OSS or expulsion

Subsequent Offenses: 3 days ISS 1-3 days OSS (OR) Recommendation to superintendent for 11-180 days of OSS or expulsion

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: Warning, 1-3 Detentions 1-10 days ISS 1-10 days OSS (OR) Recommendation to superintendent for 11-180 days of OSS or expulsion

Subsequent Offenses: 3 ELOs 1-10 days ISS 1-10 days OSS Recommendation to superintendent for 11-180 days of OSS or expulsion

Inappropriate Sexual Conduct

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

First Offense: 1-3 days OSS Notification of parents and law enforcement officials

Subsequent Offenses: 1-3 days OSS Notification of parents and law enforcement officials

Use of sexually intimidating language, objects, or pictures.

First Offense: Warning, 1-10 days ISS 1-10 days OSS

Subsequent Offenses: 1-10 days OSS AND Recommendation to superintendent for 11-180 days of OSS or expulsion Notification of parents and law enforcement officials

Indecent Exposure - Includes display of breasts, buttocks and genitals in a public
location

First Offense: 1-10 days OSS OR Recommendation to superintendent for 11-180 days of OSS or expulsion Notification of parents and law enforcement officials

Subsequent Offenses: 1-10 days OSS OR Recommendation to superintendent for 11-180 days of OSS or expulsion Notification of parents and law enforcement officials

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

First Offense: Return of/restitution 1-3 days OSS

Subsequent Offenses: Return of/restitution of property & 5-10 days OSS

Tobacco - Possession or use of tobacco or tobacco products

First Offense: Conference & confiscate tobacco product OR 1-10 days ISS

Subsequent Offenses: confiscate tobacco product ELOs 1-10 days ISS 1-10 days

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

First Offense: Conference and 1-3 days ISS

Subsequent Offenses: ELOS OR 3-10 days OSS Notification of parents and law enforcement officials

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

First Offense: Restitution Conference, 1-10 days OSS Recommendation to Superintendent for 11-180 days OSS or expulsion

Subsequent Offenses: Restitution Conference, 1-10 days OSS Recommendation to Superintendent for 11-180 days OSS or expulsion Notification of parent and law enforcement if deemed necessary

View Policy


Board Approved Date: December 20, 2020
Last Updated: January 2018