Definitions & Terms as it Relates to Discipline
Sexual Harassment/General Harassment and/or Intimidation
Harassment of students is prohibited, and will not be tolerated. This includes inappropriate conduct by other students as well as any other person in the school environment, including employees, Board members, parents, guests, contractors, vendors and volunteers. It is the policy of the District to provide a safe and nurturing educational environment for all of its students. This policy applies to all activities on school property and to all school sponsored activities whether on or off school property.
Harassment is defined as inappropriate conduct that is repeated enough, or serious enough, to negatively impact a student’s educational, physical or emotional well-being. This would include harassment based on any of the legally protected characteristics, such as sex, race, color, national origin, religion, height, weight, marital status or disability. This policy, however, is not limited to these legal categories and includes any harassment that would negatively impact students.
Harassment through any means, including electronically transmitted methods (e.g., Internet, telephone or cell phone, personal digital assistant (PDA), computer or wireless handheld device), may be subject to District disciplinary procedures. Such behavior is considered harassment whether it takes place on or off school property, at any school-sponsored function, or in a school vehicle if it is considered to have a negative impact on the school environment.
Any student that believes s/he has been/or is the victim of harassment should immediately report the situation to the teacher or the principal.
Every student should, and every staff member must report any situation that they believe to be improper harassment of a student. Reports may be made to those identified above.
If the investigation finds harassment occurred it will result in prompt and appropriate remedial action. This may include up to expulsion for students, up to discharge for employee, exclusion for parents, guests, volunteers and contractors, and removal from any officer position and/or a request to resign for Board members.
Retaliation against any person for complaining about harassment, or participating in a harassment investigation, is prohibited. Suspected retaliation should be reported in the same manner as harassment. Intentionally false harassment reports, made to get someone in trouble, are also prohibited. Retaliation and intentionally false reports may result in disciplinary action.
The following definitions are provided for guidance only. If a student or other individual believes there has been harassment, regardless of whether it fits a particular definition, s/he should report it and allow the administration to determine the appropriate course of action.
Harassment
Submission to such unwelcome conduct or communication is made either an explicit or implicit condition of utilizing or benefiting from the services, activities, or programs of the School District;
Submission to, or rejection of, the unwelcome conduct or communication is used as the basis for a decision to exclude, expel or limit the harassed student in the terms, conditions or privileges of the School District;
Unwelcome conduct or communication interferes with the student’s education, creates an intimidating, hostile or offensive environment, or otherwise adversely affects the student’s educational opportunities. This may include racial slurs, mocking behavior, or other demeaning comments.
Sexual Harassment
may include, but is not limited to:
Verbal harassment or abuse;
Pressure for sexual activity;
Repeated remarks with sexual or demeaning implications;
Unwelcome touching;
Sexual jokes, posters, cartoons, etc.;
Suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one’s grades, safety, job, or performance of public duties.
Gangs
Gangs which initiate, advocate or promote activities which threaten the safety or wellbeing of persons or which are disruptive to the school environment are not tolerated. Incidents involving initiations, hazing, intimidation or related activities which are likely to cause harm or personal degradation are prohibited. Students wearing, carrying or displaying gang paraphernalia will not be permitted. Students exhibiting behaviors or gestures which symbolize gang membership or causing and/or participating in activities which are designed to intimidate another student will be disciplined.
Unsafe Items
Any items deemed unsafe for a student to have at school will be confiscated from a child, and disciplinary action may be taken. The office will notify the parent and ask that the item(s) be picked up.
Demonstration - Student Disorder
Students will not be denied their rights to freedom of expression, but the expression may not infringe on the rights of others. Disruption of any school activity will not be allowed. If a student (or students) feels there is need to organize some form of demonstration, s/he is encouraged to contact the Principal to discuss the proper way to plan such an activity. Students who disrupt the school may be subject to suspension or expulsion.
Use of Drugs
A student's use or sale of a performance-enhancing substance is a violation that will affect the student's athletic eligibility and extracurricular participation.
The Department of Community Health periodically distributes to the District the list of banned drugs based on bylaw 31.2.3 of the National Collegiate Athletic Association. Use of any drugs or substances appearing on this list will affect the student's athletic and extracurricular participation.
The school has a "Drug Free" zone that extends 1000 feet beyond the school boundaries as well as to any school activity and transportation. This means that any activity, possession, sale, distribution, or use of drugs, alcohol, fake drugs, steroids, inhalants, or look-alike drugs is prohibited. Attempted sale or distribution is also prohibited. If caught, the student could be suspended or expelled and law enforcement officials may be contacted. Sale also includes the possession or sale of over-the-counter medication to another student.
The sale, distribution, possession, or use of drugs, alcohol, fake drugs, steroids, inhalants, or look-alike drugs that has a negative effect on the school environment is prohibited. Attempted sale or distribution is also prohibited. This includes nonalcoholic beers and wines, and the like. Many drug abuse offenses are also felonies. Sale also includes the possession or sale of over-the-counter medication to another student.
The Board of Education recognizes that the misuse of drugs is a serious problem with legal, physical and social implications for the entire school community. School policy is reflected in the student/parent handbook with information on the identification; amelioration and regulation of drug use in the schools.
Possession of a Weapon
A weapon includes, but is not limited to, firearms, guns of any type whatsoever including air and gas-powered guns (whether loaded or unloaded), knives, razors, clubs, electric weapons, metallic knuckles, martial arts weapons and explosives. It may also include any toy that is presented as a real weapon or reacted to as a real weapon. Criminal charges may be filed for this violation. Possession of a weapon may subject a student to expulsion and possible permanent exclusion. It makes no difference whether or not the weapon belongs to someone else, unless the student can provide convincing evidence that the weapon was placed in the student's possession without his/her knowledge. If it can be confirmed that a weapon was brought on District property by a student other than the one who possessed the weapon, that student shall also be subject to the same disciplinary action.
State law may require that a student be permanently expelled from school, subject to a petition for possible reinstatement if s/he brings onto or has in his/her possession on school property or at a school- related activity any of the following:
any explosive, incendiary, or poison gas including bombs, grenades, rockets, missiles, mines, or device that can be converted into such a destructive item
any cutting instrument consisting of a sharp blade over three (3) inches long fastened to a handle
any similar object that is intended to invoke bodily harm or fear of bodily harm (e.g. air gun, blow- gun, toy gun, etc.)
Use of an Object as a Weapon
Any object that is used to threaten, harm, or harass another may be considered a weapon. This includes but is not limited to padlocks, pens, pencils, laser pointers, jewelry and so on. Intentional injury to another can be a felony and/or a cause for civil action. This violation may subject a student to expulsion.
Knowledge of a Dangerous Weapon
Because the Board believes that students, staff members, and visitors are entitled to function in a safe school environment, students are required to report knowledge of dangerous weapons or threats of violence to the principal. Failure to report such knowledge may subject the student to discipline.
Purposely Setting a Fire
Anything, such as fire, that endangers school property and its occupants will not be tolerated. Arson is a felony and will subject the student to expulsion.
Physically Assaulting at Staff Member/Student/Person Associated with the District
Physical assault at school against a District employee, volunteer, or contractor which may or may not cause injury may result in charges being filed and will subject the student to expulsion. Physical assault is defined as “intentionally causing or attempting to cause physical harm to another through force or violence.”
Verbally Threatening a Staff Member/Student/Person Associated with the District
Verbal assault at school against a District employee, volunteer, or contractor or making bomb threats or similar threats directed at a school building, property, or a school related activity will be considered verbal assault. Verbal threats or assault may result in suspension and expulsion. Verbal assault is a communicated intent to inflict physical or other harm on another person, with a present intent and ability to act on the threat.
Extortion
Extortion is the use of threat, intimidation, force, or deception to take, or receive something from someone else. Extortion is against the law. Violations of this rule will result in disciplinary action up to and including suspension or expulsion.
Gambling
Gambling includes casual betting, betting pools, organized-sports betting, and any other form of wagering. Students who bet on an activity in which they are involved may also be banned from that activity. Violations of this rule could result in suspension or expulsion.
Falsification/Forgery
Plagiarism and cheating are also forms of falsification and subject the student to academic penalties as well as disciplinary action. Violations of this rule could result in suspension or expulsion.
False Alarms or Reports
A false emergency alarm, report or bomb threat endangers the safety forces that are responding, the citizens of the community, and persons in the building. What may seem like a prank is a dangerous stunt. Violations of this rule could result in suspension or expulsion.
Explosives
Explosives, fireworks, and chemical-reaction objects such as smoke bombs, pipe bombs, bottle bombs, small firecrackers, and poppers are forbidden and dangerous. Violations of this rule could result in suspension or expulsion.
Trespassing
Although schools are public facilities, the law does allow the school to restrict access on school property. If a student has been removed, suspended, or expelled, the student is not allowed on school property without authorization of the Principal. In addition, students may not trespass onto school property at unauthorized times or into areas of the school determined to be inappropriate. Violations of this rule could result in suspension or expulsion.
Theft
The student is involved in theft or stealing by being in possession of, having passed on, or being responsible for removing the school or someone else’ s property. S/he will be disciplined and may be reported to law enforcement officials. Students are encouraged not to bring anything of value to school that is not needed for learning without prior authorization from the teacher. The school is not responsible for personal property. Theft may result in suspension or expulsion.
Disobedience
School staff is acting "in loco parentis," which means they are allowed, by law, to direct a student as would a parent. This applies to all staff, not just teachers assigned to a student. If given a reasonable direction by a staff member, the student is expected to comply. [ ] Chronic disobedience can result in expulsion.
Damaging Property
Vandalism and disregard for school property will not be tolerated. Violations could result in suspension or expulsion.
Persistent Absence or Tardiness
Attendance laws require students to be in school all day or have a legitimate excuse. It is also important to establish consistent attendance habits in order to succeed in school and in the world-of-work. Excessive absence could lead to suspension from school.
Unauthorized Use of School or Private Property
Students are expected to obtain permission to use any school property or any private property located on school premises. Any unauthorized use shall be subject to disciplinary action. This includes use of the Internet and communication networks in a manner not sanctioned by policy and administrative guidelines. Violations of this rule could result in suspension or expulsion.
Refusal of Discipline
The school may use informal discipline to prevent the student from being removed from school. When a student refuses to accept the usual discipline for an infraction, the refusal can result in a sterner action such as suspension or expulsion.
Aiding/Abetting a Violation of Rules
If a student assists another student in violating any school rule, they will be disciplined and may be subject to suspension or expulsion. Students are expected to resist peer pressure and exercise sound decision-making regarding their behavior.
Displays of Affection
Students demonstrating affection between each other is personal and not meant for public display. This includes touching, petting, or any other contact that may be considered sexual in nature. Such behavior may result in suspension from school or possibly expulsion.
Violation of Rules – School or Classroom
Each learning environment has different rules for students. Individual rules are for the safe and orderly operation of that environment. Students will be oriented to specific rules, all of which will be consistent with the policy of the school. Persistent violations of rules could result in suspension or expulsion.
Disruption of Educational Process
Any actions or manner of dress that interferes with school activities or disrupts the educational process is unacceptable. Such disruptions also include delay or prevention of lessons, assemblies, field trips, athletic, and performing arts events.
Hazing
The Board of Education believes that hazing activities of any type are inconsistent with the educational process and prohibits all such activities at any time in school facilities, on school property, and at any District-sponsored event.
Hazing shall be defined for purposes of this policy as performing any act or coercing another, including the victim, to perform any act of initiation into any class, group, or organization that causes or creates a risk of causing mental, emotional, or physical harm. Permission, consent, or assumption of risk by an individual subjected to hazing shall not lessen the prohibitions contained in this policy.
Hazing – any type of initiation procedure for any school related activity, which involves conduct such as but not limited to:
illegal activity, such as drinking or drugs
physical punishment or infliction of pain
intentional humiliation or embarrassment
dangerous activity
activity likely to cause mental or psychological stress
forced detention or kidnapping
undressing or otherwise exposing initiates
Bullying
The Board will not tolerate any gestures, comments, threats, or actions to a student which cause or threaten to cause bodily harm, reasonable fear for personal safety, or personal degradation.
This policy applies to all activities in the District, including activities on school property and those occurring off school property if the student or employee is at any school-sponsored, school-approved or school-related activity or function, such as field trips or athletic events where students are under the school’s control, or where an employee is engaged in school business.
Bullying – intimidation of others by acts, such as but not limited to:
• threatened or actual physical harm;
• unwelcome physical contact;
• threatening or taunting verbal, written or electronic communications;
• taking or extorting money or property;
• damaging or destroying property;
• blocking or impeding student movement;• electronically transmitted acts – i.e., Internet, telephone or cell phone, personal digital assistant (PDA), or wireless hand held device) for text messaging, instant messaging, blog web sites or online bullying through social networking sites (e.g., Instagram, Snapchat, Facebook) to harass through unpleasant or aggressive messages.
Aggressive behavior is defined as inappropriate conduct that is repeated enough, or serious enough, to negatively impact a student’s educational, physical, or emotional well-being. This type of behavior is a form of harassment, although it need not be based on any of the legally protected characteristics, such as sex, race color, national origin, marital status, or disability. It would include, but not be limited to, such behaviors as bullying, hazing, stalking, intimidating, menacing, coercion, name-calling, taunting, making threats.
Any student who believes s/he has been or is the victim of aggressive behavior including bullying or hazing, should immediately report the situation to the building principal or assistant principal, or the Superintendent.
Bullying & CyberBullying
The Revised School Code: State of Michigan, Section 1310b
(10)(b) "Bullying" means any written, verbal, or physical act, or any electronic communication, including, but not limited to, cyberbullying, that is intended or that a reasonable person would know is likely to harm 1 or more pupils either directly or indirectly by doing any of the following located under (10)(c)
(10)(c) "Cyberbullying" means any electronic communication that is intended or that a reasonable person would know is likely to harm 1 or more pupils either directly or indirectly by doing any of the following:
Substantially interfering with educational opportunities, benefits, or programs of 1 or more pupils.
Adversely affecting the ability of a pupil to participate in or benefit from the school district's or public school's educational programs or activities by placing the pupil in reasonable fear of physical harm or by causing substantial emotional distress.
Having an actual and substantial detrimental effect on a pupil's physical or mental health.
Causing substantial disruption in, or substantial interference with, the orderly operation of the school.
Bullying – Confidentiality
Every reasonable effort will be made to maintain confidentiality during the investigation process. However, a proper investigation will, in some circumstances, require the disclosure of names and allegations.
Bullying – Notification
Notice of this policy will be annually, circulated to all school buildings and departments within the District and discussed with students, as well as incorporated into the teacher, student and parent/guardian handbooks. State and Federal rights posters on discrimination and harassment shall also be posted at each building. All new hires of the District will be required to review and sign off on this policy and the related complaint procedure.
Possession of a Firearm, Arson and Criminal Sexual Conduct
In compliance with State law, the Board shall permanently expel any student who possesses a dangerous weapon in a weapon-free school zone or commits either arson or criminal sexual conduct in a District building or on District property, including school buses and other school transportation.
A dangerous weapon is defined as "a firearm, dagger, dirk, stiletto, knife with a blade over three (3) inches in length, pocket knife opened by a mechanical device, iron bar, or brass knuckles" or other devices designed to or likely to inflict bodily harm, including, but not limited to, air guns and explosive devices.
Discipline of Students with Disabilities
Students with disabilities under IDEA or Section 504 shall be expelled only in accordance with Board Policy 2461 and Federal due process rights appropriate to students with disabilities. A student who has been expelled under this policy may apply for reinstatement in accordance with guidelines which are available in the principal's office.
Criminal Acts
Any student engaging in criminal acts at or related to the school will be reported to law enforcement officials as well as disciplined by the school. It is not considered double jeopardy (being tried twice for the same crime), when school rules and the law are violated.
Students should be aware that state law requires that school officials, teachers and appropriate law enforcement officials be notified when a student of this District is involved in crimes related to physical violence, gang related acts, illegal possession of a controlled substance, analogue or other intoxicants, trespassing, property crimes, including but not limited to theft and vandalism, occurring in the school as well as in the community.
Safety Concerns
Students should not use roller blades, bicycles, skateboards, scooters, or any other form of personal transportation device in school hallways or District pedestrian traffic areas. Exceptions may be made to reasonably accommodate students with mobility impairments. Use of any means of travel within buildings and on grounds by other than generally accepted practices where appropriate is prohibited. Students violating this expectation will be subject to disciplinary action.
Profanity
Any behavior or language, which in the judgment of the staff or administration, is considered to be obscene, disrespectful, vulgar, profane and/or violates community held standards of good taste will be subject to disciplinary action.