EXPULSION FOR DISCIPLINARY REASONS - CSO 5177

Orderly school administration is essential to fulfilling the core mission of Catholic schools. Even a single failure by a member of the school community to uphold the standards of behavior to which all community members agree when a student is enrolled can cause irreparable harm. Thus, while in many cases expulsion is reserved for very serious or persistent misconduct, a school may properly determine that a single instance of on- or off-campus misconduct requires separation of a student from the school community. Misconduct committed by a member of the school community other than a student (including parents or other family members) can also significantly hinder a school’s ability to perform its essential task of educating students. As a result, misconduct committed by a person connected to the school through a student (including parents or other family members) may result in the expulsion of the student from the school when, in his or her sole discretion, the chief administrator determines that such action is appropriate. Provided that any applicable school and diocesan policies have been substantially followed, the decision to expel a student rests in the sole discretion of the chief administrator of a school and will be reviewed only as set forth in section 5177.5. of the CSO Handbook.

Procedure for Expulsion 

Circumstances giving rise to expulsion can arise and unfold quickly. The chief administrator’s primary duty in such situations is to protect the school community. No student or family has any right to the application of a particular procedure before or in connection with the expulsion of a student. Nevertheless, the following process can serve as a general guideline when, in the chief administrator’s discretion, circumstances warrant: 

• When practical, the pastor of a parochial elementary school and the chief administrator of a diocesan school should be apprised of the circumstances of a potential expulsion before the decision to expel is implemented; 

• When circumstances permit, before the decision to expel is implemented, the student’s parents should be advised of the potential for expulsion and a summary of the grounds for expulsion. 

• The student and his or her parents should be invited to a conference with the school’s chief administrator. In parish schools, the local pastor should be advised of the scheduled conference. In diocesan schools, the chief administrator should be advised of the scheduled conference. At the chief administrator’s discretion, this conference may be held before or after the decision to expel is implemented. 

• The final decision to expel a student rests with the school’s chief administrator and will not be reviewed except to ensure compliance with any applicable pre-expulsion procedures. In parochial elementary schools, the pastor should be consulted. In diocesan schools, the chief administrator should be consulted. 

General Grounds for Expulsion 

Any instance or course of misconduct may, at the sole discretion of the school’s chief administrator, be sufficient grounds for expulsion. In many cases, it is appropriate to attempt to correct the problem behavior through less severe disciplinary measures. In other cases, however, the school’s chief administrator may determine that expulsion is the appropriate sanction for misconduct that has not previously resulted in probation, suspension, or other discipline. 

Examples of such severe misconduct include but are not limited to: 

1. Actions gravely detrimental to the moral and spiritual welfare of other students; 

2. Incorrigible or disruptive behavior which impedes the progress of the rest of the class; 

3. Assault, battery, or any threat of force or violence—whether intended in jest or not—directed toward any school personnel, students, member of the school community, or other person on school property or during school-related activities; 

4. Habitual or persistent violation of school regulations; 

5. Possessing, selling, giving away, using, or being under the influence of alcohol and drugs and/or hazardous substances on campus, at school functions, or at a time and place that directly involves the school or the welfare of members of the school community; 

6. The on-campus use, sale, distribution, or possession of a substance intended or commonly used to mimic a narcotic, controlled substance, or alcoholic beverage; 

7. Use or possession of firearms or other potentially harmful objects or weapons; 

8.  Gang-related conduct or activity including but not limited to, symbols, graffiti, apparel, colors, hazing/initiations, and hand signals commonly associated with gangs; 

9. Theft, extortion, arson; 

10. Habitual truancy; (See CSO Policy 5123) 

11. Malicious damage or destruction of real or personal property at school; 

12. Hazing; 

13. Serious bullying and/or harassment; 

14. Conduct which may damage the reputation of the school or parish; 

15. Transmission of nude or otherwise inappropriate images of any student or person who appears to be a minor child; and 

16. Use of social media in such a manner as constitutes bullying or online harassment or which causes another student or member of the school community to fear for the safety of any member of the school community. 

Additionally, off-campus misconduct may result in expulsion, especially when it is related in some way to the school community because it is directed towards a member of the school community, directly or indirectly involves multiple members of the school community, or may negatively impact the school’s reputation in the community. 

Grounds for Expulsion Related to Alcohol and Drug Abuse 

The promotion and the safeguarding of student health (physically, mentally, and emotionally) are a concern to our schools. The use, misuse, and/or abuse of alcohol, drugs, and hazardous substances cause grave problems in the areas of student health and student stability. Many incidents of scholastic failure, school dropout, violence, tension, and suicide can be traced to alcohol and drug abuse. 

Therefore, the following general school policy is set forth: 

1. Possessing, selling, giving away, using, or being under the influence of alcohol and drugs and/or hazardous substances on campus, at school functions, or at a time and place that directly involves the school or the welfare of members of the school community constitute grounds for expulsion. 

2. Notwithstanding section 5177.3(a) above, when the school’s chief administrator, in consultation with appropriate school or other personnel, believes it is appropriate, students who are involved in the use or abuse of alcohol or controlled substances should be provided with information regarding available substance abuse counseling and treatment resources. Additionally, the chief administrator or appropriate school personnel should, when practical, notify a student’s parents or other guardian or conservator when use or abuse of alcohol and/or other controlled substances is reasonably suspected. The school should, when possible, refer the student and his/her parents, guardian, or conservator to resources known to the school for medical and/or psychiatric care, mental health and substance abuse counseling, and/or substance abuse recovery programs. 

Procedure for Appeal and Review of Expulsion 

Parish school expulsions may only be appealed to the Pastor, whose decision on the matter shall be final and unappealable. The Pastor may define the appeals process as he wishes, and he does not have an affirmative responsibility to meet with the family or student in said process. Diocesan school and private school expulsions are governed by the school’s respective policies and procedures. In general, the chief administrator’s decision shall be final and binding without right of further appeal.

Tuition and Fees 

Prepaid tuition and fees are not refunded if a student is expelled. If a student is expelled before tuition or fees would ordinarily come due, the family of an expelled student shall be excused from further payment.