Summary of Board Policies Continued
The educational progress of a student is dependent upon individual self-discipline. The most positive influence a student will have on a class is the accountability for his/her own conduct. The Twin Valley High School staff believes discipline should be firm, fair, and restorative in nature. Students should keep in mind they do not have the right to interfere with the education of other students in the school. Behavior that disrupts the classroom community, or risks the safety and welfare of others, will be handled in a most serious manner. One of our primary functions is to provide a safe and positive learning environment for all students and staff.
Students who have been bullied should promptly report such incidents to the building principal or his/her designee. Complaints will be investigated promptly, and corrective action will be taken when allegations are verified. Confidentiality of all parties will be maintained, consistent with the district’s legal and investigative obligations. Bullying/ CyberBullying can be reported by Students or Parents to Teachers and/or Administrators.
Reports may be submitted on the TVHS Incident Report Form, which is available in the High School Office and can be downloaded by clicking here.
The Board recognizes that bullying creates an atmosphere of fear and intimidation, detracts from the safe environment necessary for student learning, and may lead to more serious violence. Therefore, the Board prohibits bullying by District students.
Bullying shall mean intentional verbal, written, electronic, or physical conduct directed at a student by another student(s), which occurs in a school setting that is severe, persistent, or pervasive and has the effect of:
1. Substantially interfering with a student’s education.
2. Creating a threatening environment.
3. Substantially disrupting the orderly operation of the school.
Bullying, as defined in this policy, includes cyberbullying.
School setting means in the school, on school grounds, in school vehicles, at a designated bus stop, or at any activity sponsored, supervised, or sanctioned by the school.
The Board prohibits all forms of bullying by District students.
The Board encourages students who believe they or others have been bullied to promptly report such incidents to the building principal or designee.
Students are encouraged to use the District’s report form, available in every building and online, or to put the complaint in writing; however, oral complaints shall be accepted and documented. The person accepting the complaint shall handle the report objectively, neutrally, and professionally, setting aside personal biases that might favor or disfavor the student filing the complaint or those accused of a violation of this policy.
The Board directs that verbal and written complaints of bullying shall be investigated.
Discrimination/Discriminatory Harassment
If, in the course of a bullying investigation, potential issues of discrimination or discriminatory harassment are identified, the Compliance Officer shall be promptly notified, and the investigation shall be conducted jointly and concurrently to address the issues of alleged discrimination as well as the incidents of alleged bullying.
Each student shall be responsible to respect the rights of others and to ensure an atmosphere free from bullying.
The District expects employees who observe or become aware of an act of bullying or extortion to take immediate, appropriate steps to intervene. If an employee believes that his/her intervention has not resolved the matter, or if the bullying or extortion persists, s/he shall report the bullying or extortion to the school principal or appropriate school administrator for further investigation. If proper reporting is not engaged in by the employee in a position to observe the conduct, the District reserves the right to impose discipline on the employee as deemed appropriate under the circumstances.
The Superintendent or designee shall ensure that this policy and administrative regulations are reviewed annually with students.
The Superintendent or designee, in cooperation with other appropriate administrators, shall review this policy every (3) years and recommend necessary revisions to the Board.
District administration shall annually provide the following information with the Safe School Report:
1. Board’s Bullying Policy
2. Report of bullying incidents
3. Information on the development and implementation of any bullying prevention, intervention, or education programs
Education
This policy shall be accessible on the District website.
The District will develop and implement bullying prevention and intervention programs. Such programs shall provide District staff and students with appropriate training for effectively responding to, intervening in, and reporting incidents of bullying.
Consequences/Discipline
Consequences for students who are found to have bullied others may include counseling, a parent/guardian conference, detention, suspension, expulsion, a loss of school privileges, and/or exclusion from
school-sponsored activities as defined in the Discipline Code. In particular situations, the building principal may also take one or more of the following appropriate steps: separating and supervising the students involved; providing employee support for students; reporting incidents to law enforcement; and the implementation of a safety plan and/or a supervision plan with parents/guardians.
Confidentiality of all parties, witnesses, the allegations, the filing of a complaint, and the investigation shall be handled in accordance with this policy and the District’s legal and investigative obligations.
Reprisal
Any student who retaliates against another student for reporting bullying or for assisting or testifying in the investigation or hearing may be subject to consequences as defined in the Discipline Code.
Should circumstances exist justifying a general search, school officials may use trained dogs to search inanimate objects on school premises, including student lockers, cars, bags, coats, purses and other such belongings for drugs or other illegal contraband. It shall be the policy of the district to permit the administration to periodically invite law enforcement agencies to search school property with dogs trained for the purpose of finding illegal substances and materials in accordance with the following guidelines:
1. The administration shall authorize the search and have a member of the administrative staff on hand while the search is taking place.
2. Prior to implementation, and at least annually thereafter, notice of this policy shall be given to parents, students and staff through a variety of notices, i.e., mailings to homes of students, public announcement and school publications.
3. All school property such as lockers, desks, classrooms, storage areas, parking lots, athletic fields and facilities may be searched at any time.
4. All vehicles parked on school property may be searched.
5. Individuals shall not be subjected to a personal body search by dogs. However, an indication by the dog that contraband is present on the individual, school property or a vehicle shall be reasonable cause for further search by school officials.
6. Once notification has been given to parents, students and staff, the district will have met its obligation to advertise any searches. Actual times and dates of planned searches will not be released in advance.
7. The law enforcement agency and district administration are given full authorization to investigate and prosecute any person found to be responsible for illegal substances and material on school property at any time.
It shall be the responsibility of the Superintendent or designee to follow and implement the provisions of this policy. Following the use of a search dog, the Board shall be officially notified by the Superintendent or designee.
Controlled Substances: Use or Possession
The Twin Valley School District has a zero tolerance controlled substance policy. Any student caught using, in possession of, storing, distributing or being under the influence of any controlled substance in school, on school property or school buses, or at school sponsored events will be immediately assigned discipline For the purposes of Board Policy #227, “controlled” substance shall mean:
· All dangerous controlled substances prohibited by law;
· All “look alike” drugs;
· All alcoholic beverages;
· Anabolic steroids;
· All drug paraphernalia;
· Any volatile solvents or inhalants such as, but not limited to, glue and aerosol products; any pill, prescription, patent drug, or supplement except those for which permission to use in school has been granted pursuant to district procedures.
· Synthetic Drugs
Special Note: The Board reserves the right to use any other lawful measures deemed necessary to control and eliminate the use of drugs, alcohol, and other mood-altering substances even if the same is not provided for specifically in any rule or regulation enumerated herein. The administration may require substance abuse testing, compliance with any prescribed counseling or rehabilitation program prior to the student readmission, and a referral to the Student Assistance Team.
Consequences of the Controlled Substance Policy
1) Violation: A student possesses drug-related paraphernalia and/or a student possesses (actively or constructively), uses, or is under the influence of drugs, alcohol, or mood altering substances.
a) First Offense
i) The building administrator shall contact the student’s parent/guardian(s) and request that they come to the building administrator’s office immediately.
ii) The building administrator shall contact the District Superintendent and law enforcement authorities.
iii) The building administrator shall schedule an informal hearing.
iv) If, after the informal hearing, the building administrator determines the offense has been committed by the student, the building administrator will:
(1) Suspend the student for seven (7) days
(2) Require that the student undergo an assessment by a licensed drug and alcohol facility and comply with the recommendations of that facility
v) Uncooperative behavior will lead to an additional three (3) days of suspension and possible board hearing.
b) Subsequent Offense(s)
i) The building administrator shall contact the student’s parent/guardian(s) and request that they come to the building administrator’s office immediately.
ii) The building administrator shall contact the District Superintendent and law enforcement authorities.
iii) The building administrator shall schedule an informal hearing.
iv) If, after the informal hearing, the building administrator determines the offense has been committed by the student, the building administrator will:
(1) Suspend the student for ten (10) days
(2) Require that the student undergo an assessment by a licensed drug and alcohol facility and comply with the recommendations of that facility
(3) Request a formal disciplinary hearing to be scheduled before the Board of Directors, or a committee of the Board, in accordance with Section 1318 of the Pennsylvania School Code.
2) Violation: A student distributes or possesses with intent to distribute (administrative discretion) a drug, alcohol, or mood-altering substance.
a) The building administrator shall contact the student’s parent/guardian(s) and request that they come to the building administrator’s office immediately.
b) The building administrator shall contact the District Superintendent and law enforcement authorities.
c) The building administrator shall schedule an informal hearing.
d) If, after the informal hearing, the building administrator determines the offense has been committed by the student, the building administrator will:
i) Suspend the student for ten (10) days
ii) Require that the student undergo an assessment by a licensed drug and alcohol facility and comply with the recommendations of that facility
iii) Request a formal disciplinary hearing to be scheduled before the Board of Directors, or a committee of the Board, in accordance with Section 1318 of the Pennsylvania School Code.
The student’s participation in extra-curricular activities will be at the discretion of the administration, including consideration of nature and severity of the incident and the student’s academic and behavioral standing.
Electronic device - any personal or portable device designed for mobile communication, recording or transmitting audio/visual content, interacting with or accessing media, or providing a connection to the internet or other audio/visual resources.
Electronic devices are permitted in all district-owned buildings, on school grounds, in school vehicles, and/or while participating in school-sponsored activities on or off school premises unless prohibited by district administrators.
Building administrators or designee shall have the right to regulate use of electronic devices.
The Superintendent or designee shall develop procedures, in cooperation with the district technology staff, for the acceptable use of electronic devices.
The district reserves the right to provide a segregated network that would allow users to connect a personal electronic device using district access resources.
Users are solely responsible for the safe storage of any personal electronic devices that they may choose to bring to any district building or premises. The district shall not be responsible for the loss of or damage to any electronic device owned by a user.
The School Board prohibits all students from any use of electronic devices in locker rooms, bathrooms or other changing areas.
The School Board prohibits students from using any electronic device to take photographs or to record audio or video of any person or group, without the knowledge or consent of that person or group, while on district property or while a student is engaged in school-sponsored activities, unless expressly authorized in advance by the building principal or designee, except when used to record participants in school-sponsored public events such as athletic events, shows, concerts, etc.
It is the policy of the Twin Valley School District to provide a working and learning environment free from all forms of illegal discrimination, including unlawful, ethnic, or sexual harassment.
It shall be a violation of this policy for any member of the staff to harass a student through conduct or communications of an unlawful nature as defined below. It shall also be a violation of this policy for students to harass other students through conduct or communications of an unlawful nature as defined below.
Unlawful harassment including but not limited to ethnic and sexual harassment lowers morale and is damaging to the educational environment; it also is illegal pursuant to Titles VI, VII and IX of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act. Therefore, the District will treat unlawful harassment like any other form of employee or student misconduct, and it will not be tolerated. For purposes of student speech, it is regulated here only insofar as it substantially disrupts or interferes with the work of the school or the rights of other students, is lewd, vulgar or profane, or is school-sponsored, i.e., speech that a reasonable observer would view as the school's own speech.
Examples of unlawful harassment include, but are not limited to, repeated, unwelcome and offensive slurs, jokes, or other verbal, graphic, or physical conduct (such as touching, rubbing, grabbing, pushing, hitting or punching) relating to an individual's race, color, ancestry, religion, sex, national origin, age, or handicap/disability.
Ethnic harassment includes the repeated, unwelcome, and offensive use of any derogatory word, phrase, or action characterizing a given racial or ethnic group that creates an intimidating, hostile or offensive educational or employment environment.
Sexual harassment is illegal and it is against the policies of this district for any employee or student, male or female, to sexually harass another employee or student by:
1) making acceptance of unwelcome sexual advances or requests for sexual favors or other verbal or physical conduct of a sexual nature, a condition of an employee's continued employment or the student's education;
2) making submission to or rejections of such conduct the basis for academic or employment decisions affecting the individual;
3) creating an intimidating, hostile or offensive educational, social or working environment by such conduct which causes actual disruption to the student or employee.
Sexual harassment, as defined by the board policy, may include, but is not limited to the following: pressure for sexual activity; repeated sexual remarks with demeaning implications to a person; unwelcome touching (e.g. pinching or patting); unwelcome flirtations, including those of sexual nature; graphic verbal commentaries or innuendoes about a person's body; displaying sexually suggestive objects or pictures; using particular action or obscene remarks or gestures; suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning one's grades, job or position.
The district will act positively to investigate alleged unlawful, ethnic, or sexual harassment claims and to effectively remedy them when an allegation is determined to be valid.
The district will enforce disciplinary action against any person who threatens or insinuates, either explicitly or implicitly, that an employee's refusal to submit to sexual advances will adversely affect the employee's employment, evaluation, wages, advancement, assigned duties, shifts, or any condition of employment or career development. This discipline can include termination.
A substantiated charge against a student in the school district shall subject that student-to-student disciplinary action including suspension or expulsion, consistent with the student discipline code.
Given the nature of the type of discrimination, the district also recognizes that false accusations of unlawful, ethnic, or sexual harassment can have serious effects on innocent men, women and students. Therefore, false accusations will be considered for disciplinary action.
All employees and students must recognize that sensitivities differ. It is the desire of Twin Valley School District to have as many complaints as possible resolved informally between the parties. The primary purpose is to resolve the complaint at the earliest possible time. The purpose of the initial conflict resolution is intended to be corrective rather than punitive and shall be accomplished through education. This policy will only deal with that conduct which is severe or pervasive enough to create an objectionable hostile or abusive environment to a reasonable person and which actually does adversely affect the victim.
The right to confidentiality, both of the complainant and of the accused, will be respected consistent with the district's legal obligations, and with the necessity to investigate allegations of misconduct and to take corrective action when this conduct has occurred.
Step 1 - Informal meeting
1. An employee or student who believes she/he has been unlawfully, ethnically, or sexually harassed shall attempt to stop the unwanted attention by informing the offending party that his/her actions or attentions are offensive and firmly asking that the actions or attentions cease. The employee or student may want another adult or student present when the offending person is confronted. If this request does not stop the harassment, or if the offended person prefers not to approach the offender, corrective action may be pursued as follows:
2. A student believes she/he has been subjected to unlawful, ethnic or sexual harassment shall report the incident to any adult in the school with whom the student feels comfortable: e.g., teacher, school nurse, or principal. During this reporting process a student may request that another adult or student be present. The student and the adult shall then report the incident to a guidance counselor or administrator. It is the responsibility of both the accused and the accuser to maintain confidentiality about the identity of the parties and the specifics of the allegations, except as it is revealed to those persons who are responsible for conducting an investigation and participating in any disciplinary action. Parents or guardians will be notified if it is determined that the health, welfare, or safety of the student is in jeopardy. The student shall be informed that his/her parents or guardians are going to be notified.
3. Any person who alleges unlawful, ethnic, or sexual harassment by any employee or approved volunteer in the district should report such action directly to his/her immediate supervisor, building principal, or other individual who could receive such a complaint.
After an initial interview with the appropriate administrator, it may be possible to resolve the problem through oral or written communication with the person whose actions are the subject of the complaint. If the informal inquiry is conducted by an administrator other than the Title IX officer and the results do not resolve the matter, it must then be mediated by the Title IX officer in the final effort to achieve an informal resolution to the problem.
Step 2 - Formal hearing
1. If the complaint is not resolved to the satisfaction of either party at Step 1, the complainant and/or the accused will submit a detailed written statement of account to the President of the Board. Within ten (10) working days of the complainant's request to appeal the complaint the President of the Board shall submit to the governing board or its designated representative(s) a copy of the written complaint and notification of the hearing. The hearing shall be scheduled for a date not to exceed twenty (20) working days after the appeal/referral of the complaint for a formal hearing. At the conclusion of the hearing both parties shall receive within ten (10) working days written notice of the decision rendered.
2. Should the hearing be resolved in favor of the accused no further action will be taken. The charges and the resolution may be placed in the accused and the accuser's personnel files if the accused so requests; otherwise, the charges and the transcript will be sealed and impounded. Release from impounding may be made only upon direction of the Title IX Officer or a court order.
3. A substantiated charge against a student in the school district shall subject the student to student disciplinary action including suspension or expulsion consistent with the student disciplinary code. Unlawful, ethnic, or sexual harassment could also constitute a violation of the criminal code. The district will cooperate fully with representatives of appropriate police organizations to ensure the strongest possible institutional climate to prevent sexual harassment.
4. If it is substantiated that the accuser has made a false accusation, it will result in disciplinary action against the accuser.
5. In the event that the School District has already initiated discipline against the accused which seeks the expulsion of a student, the disciplinary procedures and the rights of the accused available there under shall supersede the procedures.
First Offense: All parties involved receive official warnings to cease and desist the harassing behavior. Serious first offenses may require additional consequences.
Further Offenses: Further reports of harassment will result in any one or a combination of the following: Suspension, expulsion, disorderly conduct citation and/or police involvement. Additional Sexual harassment offenses will be referred to the school district’s Title IX Officer and/or the Caernarvon Police Department.
Hazing is any action that endangers the health or safety of a student or destroys/removes public or private property for the purpose of initiating or admitting a student into any organization of the school district. A student found to be in violation of this policy shall be subject to disciplinary measures set forth by the discretion of the building administrator, which may include suspension, and/or permanent exclusion from athletic teams, athletic events, extra-curricular and co-curricular activities and events, in accordance with due process.
Participation in all athletic/co-curricular/extra-curricular activities is a privilege. Eligibility requirements shall apply uniformly to all athletic/co-curricular/extra-curricular activities. Any student failing one or more courses as of 11:00 am on a Friday is ineligible to participate in athletic/co-curricular/extra-curricular activities for a period of one week beginning from the immediately following Sunday through the next Saturday. Any student with incomplete course requirements or failing one or more courses at the end of a grade period is ineligible to participate in any athletic/co-curricular/extra-curricular activities for a period of 15 school days beginning with the first day of the next grading period. During the period of time a student is ineligible, the student shall not participate in any athletic/co-curricular/extra-curricular activities, in any way. The student may not practice or play in any game, performance, or activity that is of an athletic/co-curricular/extra-curricular nature. Additionally, students must be present in school by 11:00 a.m. in order to be eligible for that day. If students have an early dismissal, they must present a note to the school/coach upon their return in order to remain eligible that day.
It is the finding of the Twin Valley School District that athletic opportunities for members of the male sex have not been previously limited. Furthermore, the School District finds that the physical size, speed, and power of male athletes would create a hazard to the health and safety of female participants. Based on the foregoing, the Twin Valley School District prohibits male participation on female athletic teams. Members of the female sex may not participate in games or practices on male athletic teams where there is either a separate female team in the particular sport, or the sport involved is a contact sport, e.g. wrestling, football, etc.
Each school year, prior to participation in an athletic activity, every student athlete and his/her parent/guardian shall sign and return the acknowledgement of receipt and review of Concussion and Traumatic Brain Injury Information Sheet. A student who, as determined by a game official, coach from the student’s team, certified athletic trainer, licensed physician, licensed physical therapist, or other officially designated by the district, exhibits signs or symptoms of a concussion or traumatic brain injury while participating in an athletic activity shall be removed by the coach from participation at that time. The coach shall not return a student to participation until the student is evaluated and cleared for return to participation in writing by an appropriate medical professional. The School Board may designate a specific appropriate medical professional(s) to provide written clearance for return to participation.
Students must follow the Pay-to-Play procedures to participate in athletics and extra-curricular activities.
Personal Property
The Board will not be responsible for the personal property of students or other persons using the school facilities.
The Board respects the right of students to express themselves in word or symbol and to distribute and post materials in areas designated for posting as a part of that expression. The Board also recognizes that exercise of that right must be limited by the district's responsibility to maintain an orderly school environment and to protect the rights of all members of the school community. The Board requires that students who wish to distribute or post non-school materials on school property shall submit them two weeks in advance of planned distribution or posting to the building principal or designee, who shall forward a copy to the Superintendent. If the non-school materials contain unprotected expression as stated in this policy, the building principal or designee shall notify the students that they may not post or distribute the materials because the materials because the materials constitute a violation of Board policy. Refer to Board Policy 220 for more information.
The principal or his/her designee who has a reasonable suspicion that illicit material or any material which poses a hazard to the safety and good order of the school, or violates school policy may conduct searches according to the guidelines in District Policy which include: school property (locker, storage cabinets, class desks), student possessions (pocketbooks, book bags, garments, automobiles) and personal searches. Searches may include the use of a handheld metal detector.
Tobacco Products and Electronic Cigarettes on School Property: Use or Possession
Twin Valley School District prohibits the possession or use of tobacco, vapor products, and their delivery devices by students in its school buildings, stadiums, bleachers and on any property that is owned, leased, or controlled by the school district. This prohibition extends to all buses, vans, and other vehicles owned by, leased by, or under the control of the school district. Violations will result in fines and consequences as outlined in the discipline policy.
Students who engage in threats to commit any crime of violence communicated by any means resulting in the terrorizing of others, or communicated with reckless disregard for the risk of terrorizing others; or any threat to commit any threat of violence causing evacuation of a building; or causing serious public inconvenience, with reckless disregard of the risk of causing such terror or inconvenience may be immediately suspended, referred to the police for criminal action, and may be recommended for expulsion. Additional restrictions may be imposed and the student may thereafter be subjected to random searches.
Volunteer and Chaperone Clearances
Volunteer and Chaperone Clearances-Any volunteers or chaperones will need to follow the guidelines for clearances set forth in Board Policy 916 available on the district website (www.tvsd.org).
Possession of a weapon on school grounds, in school buildings or on school transportation is a crime in Pennsylvania. Board
Policy defines “weapons” to include, but not limited to, any knife, cutting instrument, cutting tool, nunchaku, firearm, shotgun, rifle, and any other tool, instrument, or implement capable of inflicting serious bodily injury. This definition may be expanded to include an object that has the appearance or characteristics of a weapon, such as toy guns, water pistols, etc.
Possession of a weapon at a school-sponsored activity also presents serious legal, safety, and welfare problems to the school community. Possession includes, but is not limited to, on the person, or under the person’s control, including his or her purse, book bag, carryall etc., locker, or vehicle. Therefore, the Twin Valley School District emphasizes that possessing a weapon, or knowing and not properly reporting the possession of a weapon in the buildings of, on the grounds of, at school- sponsored activities, or in any conveyance providing transportation to or from any elementary or secondary educational institution of the Twin Valley School District is a serious violation of the rules and regulations of the school district.
The Board declares it to be the policy of this district to provide an equal opportunity for all students to achieve their maximum potential through the programs and activities offered in the schools without discrimination on the basis of race, color, age, creed, religion, sex, sexual orientation, ancestry, national origin, marital status, pregnancy or handicap/disability. The Board also declares it to be the policy of this district to comply with federal law and regulations under Title IX prohibiting sexual harassment, which is a form of unlawful discrimination on the basis of sex. Such discrimination shall be referred to throughout this policy as Title IX sexual harassment. Inquiries regarding the application of Title IX to the district may be referred to the Title IX Coordinator, to the Assistant Secretary for Civil Rights of the U.S. Department of Education, or both. The district is committed to the maintenance of a safe, positive learning environment for all students that is free from discrimination by providing all students course offerings, counseling, assistance, services, employment, athletics and extracurricular activities without any form of discrimination, including Title IX sexual harassment. Discrimination is inconsistent with the rights of students and the educational and programmatic goals of the district and is prohibited at or, in the course of, district-sponsored programs or activities, including transportation to or from school or school-sponsored activities.