Suspension, Transfer, and Expulsion

SUSPENSION

Rules Violations for Which a Student Can be Suspended

• Caused, attempted to cause, or threatened to cause physical injury to another person.

• Willfully used force or violence upon the person of another, except in self-defense. 

• Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained  written permission to possess the item from a certificated school employee, which is  concurred in by the principal or the designee of the principal.

• Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.

• Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.

• Committed or attempted to commit robbery or extortion.

• Caused or attempted to cause damage to school property or private property.

• Stole or attempted to steal school property or private property.

• Possessed or used tobacco, or products containing tobacco or nicotine products.

• Committed an obscene act or engaged in habitual profanity or vulgarity.

• Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code. 

• Knowingly received stolen school property or private property. 

• Possessed an imitation firearm. As used in this section, “imitation firearm” means a  replica of a firearm that is so substantially similar in physical properties to an existing  firearm as to lead a reasonable person to conclude that the replica is a firearm.

• Committed or attempted to commit a sexual assault as defined in Section 261, 266c,  286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in  Section 243.4 of the Penal Code.

• Harassed, threatened, or intimidated a pupil who is a complaining witness or a  witness in a school disciplinary proceeding for purposes of either preventing that  pupil from being a witness or retaliating against that pupil for being a witness, or both.

• Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.

• Engaged in, or attempted to engage in, hazing. 

• Engaged in an act of bullying.

EXPULSION

Rules Violations for Which a Student Can be Recommended for Expulsion

If other means of correction are not feasible or have repeatedly failed to bring about proper conduct, or, if due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others:

• Causing serious physical injury to another person, except in self-defense.

• Possession of any knife or other dangerous object of no reasonable use to  the pupil.

• Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety  Code, except for either the first offense for the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis. or the possession of over-the-counter medication for use by the pupil  for medical purposes or medication prescribed for the pupil by a physician.

• Robbery or extortion.

• Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school employee.

A student will be immediately suspended and recommend for expulsion for committing any of the following acts at school or at a school-sponsored activity:

• Possessing, selling, or otherwise furnishing a firearm. 

• Brandishing a knife at another person.

• Unlawfully selling a controlled substance listed in Chapter 2 (commencing  with Section 11053) of Division 10 of the Health and Safety Code.

• Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900 or committing a sexual battery as defined in subdivision (n) of Section 48900.

• Possession of an explosive.