Suspension and Expulsions

Students who are suspended off campus are not allowed to be on or near any public school campus and may not be involved in any school activity (on or off campus) either as a participant or spectator for the duration of the suspension.

If a student is referred to law enforcement, parents will be contacted. Parents of students who are arrested and removed from campus by the police will be contacted by the appropriate police agency.

Students may be expelled from the Lucia Mar Unified School District for multiple disciplinary infractions or for a single, serious act. The Lucia Mar Unified School District has a zero tolerance policy for certain offenses. Offenses which include drugs, alcohol, weapons or assault may be recommended to the Board for expulsion. Any student who has engaged in any of the "mandatory recommendation and mandatory expulsion" acts at school or at a school activity off school grounds: (Education Code 48915)

1. Possessing a firearm which is not an imitation firearm, as verified by a certificated employee, unless the student had obtained prior written permission to possess the item from a certificated school employee, with the principal or designee's concurrence

2. Selling or otherwise furnishing a firearm

3. Brandishing a knife at another person

4. Unlawfully selling a controlled substance

5. Committing or attempting to commit a sexual assault, or committing a sexual battery

6. Possessing an explosive

Students who are expelled may not be on or near any public school campus for the duration of the expulsion. Expelled students may not be involved in any school activity, on or off campus, either as a participant or spectator.

Students who are on suspended expulsion will not be eligible for extracurricular activities. This will include, but will not be limited to, dances, sports events and activities related to graduation for the duration of the order. Failure to adhere to the ban will result in a request for reinstatement of the expulsion or could trigger removal from the school of attendance and district. The student and/or parent will be responsible for contacting his/her administrator at the end of eight weeks to clear the activity ban. Students on suspended expulsion will not be allowed to take a leadership role on campus. The ban on leadership roles takes place for the duration of the suspended expulsion, which may be longer than eight weeks.

Students who violate school rules or commit acts of vandalism are also subject to removal from all extra and co-curricular activities including but not limited to dances and attendance at sporting events.

§ 48900 GROUNDS FOR SUSPENSION OR EXPULSION

A pupil shall not be suspended from school or recommended for expulsion unless the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has:

(a1) Caused, attempted to cause, or threatened to cause physical injury to another person.

(a2) Willfully used force or violence upon the person of another, except in self defense.

(b) Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object, unless, in the case of possession of any 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.

(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, any 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.

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

(e) Committed or attempted to commit robbery or extortion.

(f) Caused or attempted to cause damage to school property or private property.

(g) Stolen or attempted to steal school property or private property.

(h) Possessed or used tobacco, or any products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit use or possession by a pupil of his or her own prescription products.

(i) Committed an obscene act or engaged in habitual profanity or vulgarity.

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

(k) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.

(l) Knowingly received stolen school property or private property.

(m) Possessed an imitation firearm.

(n) Committed or attempted to commit a sexual assault or committed a sexual battery.

(o) Harassed, threatened, or intimidated a pupil who is a complaining witness.

(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.

(q) Engaged in, or attempted to engage in, hazing as defined in Section 32050.

(r) Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act, as defined in subdivisions (f) and (g) of Section 32261, directed specifically toward a pupil or school personnel.

(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section, unless that act is related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to school activity or attendance that occur at any time, including, but not limited to, any of the following:

(1) While on school grounds.

(2) While going to or coming from school.

(3) During the lunch period whether on or off the campus.

(4) During, or while going to or coming from, a school sponsored activity.

(t) Aided or abetted the infliction or attempted infliction of physical injury to another person.

(u) As used in this section “school property” includes, but is not limited to, electronic files and data bases.

(v) A superintendent or principal may use his or her discretion to provide alternatives to suspension or expulsion, including, but not limited to, counseling and management program for a pupil subject to discipline under this section.

Education Code 48900.2

Sexual harassment as defined in Education Code 212.5.

Education Code 48900.3

Caused, threatened to cause, or participated in an act of "hate violence" as defined in Education Code 33032.5(e).

Education Code 48900.4

Intentionally engaged in sufficiently severe or pervasive harassment, threats, or intimidation directed against school district personnel or a pupil or group of pupils.

Education Code 48900.7

Terroristic threats against school officials or school property, or both.