STUDENT CODE OF CONDUCT
ADOPTED JULY 18, 2011
REVISED AUGUST 1, 2019
INTRODUCTION
The document entitled Standards of Student Conduct is designed to define the basic rules and major expectations of students in the public schools of Middlesex County. It is the responsibility of the Middlesex County School Board to adopt policy and of the administration to issue regulations establishing rules of conduct for student behavior in order to protect the health, safety, and welfare of its students. This document aligns with the Student Conduct Policy Guidelines 2004 as adopted by the Virginia Board of Education on September 22, 2004 (updated in 2005, 2006, 2008, 2009, 2014 and 2016) and Middlesex County Public Schools School Board Policy JFC.
The following pages are your annual notification of the MCPS Standards of Student Conduct. Each year, the Superintendent will issue a new copy of these Standards of Student Conduct and a list of possible corrective actions for violation of the Standards of Conduct. The Standards of Student Conduct shall be sent to all parents/guardians within one calendar month of the opening of schools simultaneously with any other materials customarily distributed at that time. A statement for the parent’s/guardian's signature acknowledging the receipt of the Standards of Student Conduct is included in the back of the booklet and must be returned to the school immediately. The statement shall also acknowledge the receipt of state law concerning parental assistance in maintaining discipline and order. Parents/guardians shall be notified that by signing the statement of receipt, parent/guardians are not deemed to waive, but expressly reserve, their rights protected by the constitution or laws of the United States or Virginia. Each school shall maintain records of the signed statements. The school principal may request the student's parent/guardian if both have legal custody to meet the principal or his/her designee to review the School Board's Standards of Student Conduct and the parent's or parents' responsibility to participate with the school in disciplining the student and maintaining order, and to discuss improvement of the child's behavior and educational progress. The administrator of the building should exercise reasonable judgment and consider the circumstances in determining the disciplinary action to be administered.
Purpose and Intent
The development, implementation, and enforcement of the student conduct policy is intended to ensure a safe, non-disruptive environment for effective teaching and learning. Standards of student conduct are designed to protect the health, safety and welfare of students.
It is the belief of the Middlesex County School Board that all students have the right to an environment that is safe, drug-free, and conducive to learning. To that end, the student conduct policy sets forth standards for student conduct.
The primary objectives of the standards of student conduct are (1) to provide standards and guidelines for student behavior; (2) to assist the student in becoming a responsible, productive, and self-disciplined citizen; and (3) to maintain a safe and orderly environment in the classroom and all other areas of the school.
Roles and Responsibilities
School board members, school personnel, parents/guardians, and students share the responsibility to create and maintain a school environment that is safe and conducive to
learning. It is the responsibility of the School Board to adopt policies and regulations. The Superintendent has the responsibility to issue standards of student conduct including a list of corrective disciplinary actions for violation of the standards. The school principal has the responsibility to enforce the student conduct standards using reasonable judgment. Each parent/guardian has a duty to assist the school in enforcing the standards of student conduct and compulsory school attendance. Families should expect disciplinary consequences to become more severe as a child accumulates infractions. Students are expected to attend school regularly and to demonstrate good citizenship, enjoying the rights and fulfilling responsibilities set forth in the student conduct standards.
Procedures for Student Suspensions and Expulsions
When a student is sent to the principal or designee for any disciplinary action or conference concerning an incident, the steps below must be followed. These guidelines for disciplinary action constitute a hearing for the student and represent the due process procedures that are required.
The Principal or designee:
1) Advises the student of the charge(s).
2) Advises the student of the facts on which the charge(s) are based.
3) Gives the student an opportunity to respond to the charge(s) and to provide his/her version. The student is asked to give a written and/or verbal statement concerning the incident.
4) Provides written verification of the proposed disciplinary action (including a written statement of appeal procedures) to the parent.
5) Makes every effort to notify the student’s parent by telephone, if action is going to be taken immediately to suspend the student.
Students whose presence poses a continuing danger to persons or property or an ongoing threat of disruption may be removed from school immediately. The notice of charges, explanation of facts and opportunity to present his/her version of what occurred, shall be provided as soon as practical.
Suspensions for (10) Days or Less
The Code of Virginia gives the principal or designee the authority to make a determination, based on an investigation, that a student has violated a rule that may require a suspension of 10 days or less. If a parent desires to appeal a suspension of 10 days or less, the appeal process begins in the school with the suspending administrator.
No student in preschool through grade three is suspended for more than three days or expelled from attendance at school, unless (i) the offense involves physical harm or credible threat of physical harm to others or (ii) the School Board or superintendent or superintendent’s designee finds that aggravating circumstances exist, as defined by the Virginia Department of Education.
Students who have been suspended from school, regardless of duration, may only be readmitted to regular attendance after the student’s parent/guardian has attended a readmission conference with the principal or assistant principal/ dean of students.
Written Request for Appeal
If a principal’s designee suspends the student, the appeal is to the building principal. The parent/guardian must request in writing a review of the suspension decision within three (3) school days (the beginning suspension day begins the appeal counting) or the decision becomes final.
The principal will review the incident and within three (3) school days after receipt of the written request, report the decision in writing to the parent.
1) Within three (3) school days after receipt of the notice of appeal, the Superintendent will review the actions taken by the principal/designee, and confirm or disapprove such action based on an examination of the record of the student’s behavior.
2) The decision of the superintendent may be appealed to the School Board.
Long-term suspension (11 to 45 days) or expulsion (365 days)
A long-term suspension may extend beyond a 45-school-day period but shall not exceed 364 calendar days if (i) the offense is one described in Va. Code §§ 22.1-277.07 or 22.1-277.08 or involves serious bodily injury or (ii) the School Board or division superintendent or superintendent’s designee finds that aggravating circumstances exist, as defined by the Virginia Department of Education.
1) When a principal decides to recommend long-term suspension or expulsion for a student, he/she must immediately notify the student and parent that the student will be recommended for long-term suspension or expulsion.
2) The student will be suspended for 10 days by the principal. The principal will immediately contact the Assistant Superintendent to schedule a hearing. In the case of a student receiving special education services, contact the Director of Special Education and Federal Programs.
3) The principal, within 24 hours of the incident, must provide written notice to the student and his/her parent of the proposed action and the reasons therefore and of the right to a hearing before a hearing officer. The hearing officer and the Superintendent will receive a copy of this notice within 24 hours of the incident.
4) The parent shall also be notified of their right to an appeal of the decision of the hearing officer’s recommendation to the Superintendent to the full School Board or to the School Board Review Committee.
Review procedures for suspensions in excess of ten days and expulsions
1) All students that are recommended for long term suspension or expulsion will have their long-term suspension or expulsion reviewed by a discipline-hearing officer.
2) The Superintendent will appoint the discipline hearing officer.
3) The School Social Worker will schedule and facilitate discipline hearings.
4) The hearing will be held within ten (10) school days from the date of the written notice unless the student and/or parent(s)/guardian(s) ask for a continuance and the continuance is granted by the hearing officer.
5) At the hearing, the principal or his/her representative shall present any evidence the principal wishes in support of the principal’s recommendation. Likewise, the student, his/her parent(s)/guardian(s), or representative may present any evidence to support the student’s position.
6) Witnesses should be kept outside of the hearing room until they are called. Student witnesses must have written parental permission to participate and should be accompanied by a parent.
7) It is important for the hearing officer to review all the facts, evidence, and witnesses together. Written statements including a detailed incident report, evidence, witness statements and factual information should be provided. They should present a strong case (which could be subject to review by the School Board or through a due process hearing). Student grades, attendance, and disciplinary records should be made readily available at the hearing by the principal.
8) The hearing officer may either uphold the recommendation of the principal, either in whole or in part, or disapprove. Additional recommendations may be made.
9) The School Social Worker facilitator informs the Superintendent in writing of the hearing officer’s recommendations. A copy of this letter is sent to the parent, the hearing officer, and the principal.
10) The Superintendent reviews the hearing officer’s recommendation and makes a determination to uphold, deny, or modify the recommendations. The Superintendent must provide written notice to the student, parent(s)/guardian(s) of a suspension of more than 10 days. The letter should specify the length of the suspension, information regarding the availability of community-based educational programs, alternative education programs, or intervention programs. The letter should state the student’s eligibility to return to regular school attendance upon the expiration of the suspension or to attend an appropriate alternative education program approved by the school board during or upon the expiration of the suspension.
11) For students recommended for expulsion by the superintendent, the School Board or School Board Review Committee makes a determination to uphold, deny, or modify the recommendation. If the school board determines that the student is ineligible to return to regular school attendance or to attend during the expulsion an alternative education program or an adult education program in the school division, the written notice also advises the parent that the student may petition the school board for readmission to be effective one calendar year from the date of the expulsion, and of the conditions, if any, under which readmission may be granted.
12) If the student, parent(s)/guardian(s) choose to appeal the decision of the Superintendent, they must do so in writing to the Superintendent within 10 days of the date of the letter of notification of the Superintendent’s decision. Failure to file a written appeal within the specified time will constitute a waiver of the right to an appeal. The student will remain suspended pending the disposition of his/her appeal.
13) Upon a timely request for a hearing before the Middlesex County School Board, or the School Board Review Committee, which shall occur within (30) calendar days, the Superintendent shall notify the student and the parent of the time and place of the hearing.
School Board Review Committee Hearings
1) The School Board Review Committee is a “committee of the School Board” and is composed of at least three school board members.
2) The function of this committee is to act upon a principal’s recommendation for long-term suspension if appealed or expulsion. The School Board Review Committee or School Board must affirm each expulsion regardless of whether the student has exercised his/her right to appeal.
3) Parents of students charged with violations are notified of the hearing date and asked to confirm that they can attend the hearing. If they do not confirm, the hearing may or may not be conducted. The parent may request one postponement of the hearing date. The principal of the school is expected to be present at the hearing, as is any school staff whose attendance is requested.
4) Hearings of the School Board Review Committee are formal and important steps in the disciplinary process. In order to protect the privacy of the students involved, the hearings are closed. Parents may bring an attorney or other representative into a closed hearing and may bring others in support of the student. Parents are required to notify the review committee in advance on who (other than the student and themselves) will be attending the hearing. Parents may request that a hearing be open. An open hearing means that anyone may attend. Even when a hearing is declared open, the committee will deliberate in closed session. The final determination of whether a hearing is open or closed will rest with the Chairman of the Committee.
5) Individuals participating in the hearing are subject to a security check. Admittance may be denied to any person refusing to adhere with the Committee Chairman’s directions regarding security, conduct, or general operating procedures of the hearing committee. No recording (audio or video), filming or photography is permitted during a School Board Review Committee hearing by parties other than the Board.
Expulsion for Weapons-Related Offense
Any student determined to be in possession of or to have brought any prohibited weapon (as described in Policy JFCD) onto school property or to a school-sponsored activity may be expelled for a period of not less than one year (365 days). A school administrator, pursuant to School Board policy, or the School Board may, however, determine, based on the facts of a particular situation that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate. The Division Superintendent may conduct a review in such cases to determine whether a disciplinary action other than expulsion is appropriate, and recommend that action to the School Board for final determination Virginia Codes §22.1-277.07, §22.1-277.07:1.
Expulsion for Drug-Related Offense
The School Board shall expel from school attendance any student whom the School Board has determined to have brought a controlled substance, imitation controlled substance or marijuana as defined in Va. Code § 18.2-247 onto school property or to a school-sponsored activity. The School Board may, however, determine, based on the facts of the particular case that special circumstances exist and another disciplinary action is appropriate. The Division Superintendent may conduct a review in such cases to determine whether a disciplinary action other than expulsion is appropriate, and recommend that action to the School Board for final determination Virginia Code §22.1-277.08.
Suspensions or Expulsions of Students with Disabilities
Suspensions and/or expulsions of students with disabilities will be in compliance with state and federal law.
Admission of Students Suspended or Expelled from Another School Division
A student who has been expelled or suspended for more than 30 days from attendance at school by a School Board or a private school, or for whom admission has been withdrawn by a private school, may be excluded from attendance for no more than one calendar year in the case of expulsion or withdrawal of admission, and in the case of suspension of more than 30 days, for not longer than the duration of such suspension. The school shall provide written notice to the student and his or her parent/guardian of the reasons for such possible exclusion and of the right to a hearing conducted by the Division Superintendent. The student may not attend school until the Division Superintendent conducts a review of the case. Exclusion shall be imposed upon a finding that the student presents a danger to the other students or staff members of the school division. The decision to exclude the student shall be final unless altered by the school board after timely written petition. Upon the expiration of the exclusion, the student may petition the Division Superintendent for admission.
Review and Revision of Standards of Student Conduct
An annual evaluation of the Standards of Student Conduct will be conducted within a month of the close of school. Revision, if necessary, will be completed prior to the opening of the next school year.
Distribution of Standards of Student Conduct
A copy of the Standards of Student Conduct will be issued to all students within one month of the opening of school. All transfer students will be issued a copy of the Standards as a part of the registration process. Principals will stress to all students that compliance with the Standards is mandatory. The “Student Code of Conduct” form must be signed by the parent/guardian and student and returned to the school.
Each year, during the first week of school, all students will be provided a period of instruction on the contents of the Standards of Student Conduct.
CONDUCT CODE VIOLATIONS
AND CONSEQUENCES FOR OFFENSES
The items in the following list, which is not exhaustive, are considered violations of the Student Code of Conduct: Possession or use of alcohol, tobacco products and nicotine vapor products (including electronic cigarettes, etc., vaporizing devices, nicotine patches) and/or other drugs or drug paraphernalia, threat or physical assault, truancy and tardiness, bomb threat/false fire alarm, bullying and harassment, cheating, disrespect of staff, disruptive behavior, dress code, extortion, fighting, gambling, gang-related activity, hazing, acceptable use policy, profane or obscene language or conduct, property offenses, trespassing, stalking, weapons, and any other behavior deemed unsafe and disruptive to the learning environment. The facts and circumstances of each offense are considered fully in determining reasonable corrective actions.
The consequences for offenses appear below within a range of level 1 to level 4. Consequences for offenses may include, but are not limited to, the corrective actions listed in policy JFC-R. Repeat offenders will face the possibility of other disciplinary actions based on their individual disciplinary record.
Level 1: Conference, including any or several of the following:
1) Counseling
2) Admonition
3) Reprimand
4) Loss of privileges, including access to the School Division’s computer system
5) Parental conferences
6) Modification of student classroom assignment or schedule
7) Student behavior contract
Level 2: Intervention (Disciplinary action as determined by administrator) or In-School Assignment, including any or several of the following:
1) Referral to student assistance services
2) Removal from class
3) Restorative conference
4) Initiation of child study process
5) Referral to in-school intervention, mediation, or community service programs
6) Tasks or restrictions assigned by the principal or his designee
7) Detention after school or before school
8) Suspension from school-sponsored activities or events prior to, during, or after the
9) In-school suspension
Level 3: Short-Term Suspension from 1 to 10 days
1) Out-of-school suspension
Level 4: Long-Term Suspension from 11-45 days, Alternative Education Placement, or Expulsion, including any or several of the following:
1) Out-of-school suspension of 11-45 days
2) Referral to an alternative education program
3) Notification of legal authority where appropriate
4) Recommendation for expulsion including recommendation for expulsion for possessing a firearm, destructive device, firearm muffler, firearm silencer or pneumatic gun on school property or at a school-sponsored event and recommendation for expulsion for having brought a controlled substance, imitation controlled substance or marijuana onto school property or to a school sponsored activity
5) Evaluation for alcohol or drug abuse
6) Participation in a drug, alcohol or violence intervention, prevention or treatment program
Statement on Self Defense
Students are subject to disciplinary action for misconduct. Cases for which self defense is claimed must meet the following criteria: (1) the claimant must not have provoked or behaved in a manner to cause the incident; (2) the claimant must have had reasonable fear of danger or harm; and (3) the claimant used no more force than needed for protection from the threatened harm. Such incidents should be reported immediately to school officials. When claims of self defense have been established, the administrator shall: (1) allow the student to present his/her version of what occurred and (2) review circumstances and relevant information from others pertaining to the incident, including relationships and previous patterns of interaction among the students involved. Findings from the review of circumstances and other relevant information should be considered in determining appropriate corrective disciplinary action. Claims of self-defense do not constitute a valid defense against possession or use of a weapon on school property or at any school-sponsored activity. Weapons are prohibited on school property and at school-sponsored events.
CELL PHONES
Middlesex County Public Schools acknowledges the importance of communication between students and parents, particularly when it is essential or in emergency situations. Further, the district recognizes that instructional time is precious and school time must be protected from unnecessary disruptions. Therefore, students may be permitted to have in their possession with written parental and administrative approval a cell phone on campus during the school day, while attending school-sponsored activities, or while under the supervision and control of a school district employee. Students shall be allowed to possess and use cell phones in conjunction with being in school under the following parameters:
• Instructions about cell phone use will be provided by each school.
• Permission for student possession or use of a cell phone may be revoked for inappropriate use by either parents or administration.
• The division assumes no liability for the damage, loss or misuse of the cell phone by the student or another person – this includes theft as the phone should be on the student’s person at all times (i.e. not in backpacks that are left in piles, tables or w/friends).
• At any time during school-sponsored activity (including transportation to and from), a school official may give specific direction regarding student use or non-use of a cell phone in which the student is expected to comply.
Upon written direction from a licensed physician, a student may be granted permission to carry and use a cell phone at school if needed for health purposes as specified by the physician and approved by the Principal.
The violation of the above provisions will result in confiscation of the cell phone and loss of the privilege to possess a cell phone on campus. I also understand that my son/daughter will be solely responsible for the cell phone, and I will not hold the school or any school personnel liable for any loss of or damage to the cell phone.
Middlesex County Public Schools assumes no responsibility for any loss or damage to a student cell phone including if it is confiscated by school personnel and not picked up within two days.
Consequences of violating this contract:
First Offense Student warning, phone is sent to the office for student to pick-up at the end of the day.
Second Offense Parent must come to pick up the phone during school office hours 7:45 a.m.–4:00 p.m.
Third Offense Parent must pick-up the device during school hours and student loses the right to have a phone on campus.
Texting during class (esp. exams) could result in immediate revocation of permission to carry a phone.
STUDENT DRESS CODE
The faculty, staff, and administration of Middlesex County Public Schools rely on students and parents to exercise judgment in promoting modesty, decency, and a sense of decorum so as not to disrupt the learning environment or compromise personal safety or the safety of others.
This dress code will assist parents and students as they make decisions regarding attire that will contribute to an appropriate, safe, and secure learning environment for all students. A student’s dress and appearance shall not be such that it causes disruption, distracts others from the educational process or creates a health or safety problem. Students are expected to comply with the following stated regulations.
Students may not wear the following items unless otherwise stated:
1) Hoods, hats, or head coverings of any kind inside school buildings during regular school hours, unless required for religious or documented medical reasons.
2) Sunglasses, unless prescribed by a physician. This includes sunglasses, which are attached to a lanyard and worn around the neck.
3) Dresses, skirts, shorts, athletic shorts, and other similar clothing that is shorter than finger tip length (measured by the longest finger with arms straight and palms flat) even when worn with leggings or tights.
4) Messages on clothing, chains, jewelry, and personal belongings that pertain to drugs, alcohol, tobacco, sex, gangs, gang activity, vulgarity, or that could reasonably cause a disruption to the learning environment.
5) Spiked jewelry, chains, and items, which could cause student injury.
6) Beachwear (including bathing suits and trunks) and sleepwear, lounge wear, or bedroom slippers.
7) Clothing that reveals undergarments (including pants worn well below the waist and spaghetti-strapped tops).
8) Torn or ripped clothing that reveals undergarments or body parts excluded by other parts of this code. This includes holes in jeans/pants that reveal skin higher than fingertip length.
9) Clothing that reveals the midriff while sitting or standing.
10) Tank tops, tube tops, halter-tops, halter-top dresses, strapless dresses or tops or dresses with spaghetti straps or plunging necklines.
11) Leggings, tights may only be worn with dresses, skirts, and shorts of the appropriate length (see #3 above). Leggings or tights may not be worn alone.
12) Any other clothing or accessories that challenge general safety or pose a disruption to learning.
Students must wear clothing as designed (buttoned, zipped, etc.) and must wear pants on the hips, secured above the buttocks. Students may not:
1) Drape towels, shirts, or shorts around the neck.
2) Roll down waistbands on shorts, pants, and skirts.
3) Wear clothing in any manner that reveals undergarments at any time.
4) Wear athletic basketball-style jerseys without wearing a t-shirt underneath.