Safe-Schools Policy

See the Washington County School District Web Site for a complete listing of policies and procedures: 

1. Purpose:

The Board of Education of the Washington County School District (WCSD) protects the rights of students and recognizes that every student in the schools should have the opportunity to learn in an environment which is safe, conducive to the learning process, and free from unnecessary disruption. To foster a safer learning environment and promote positive behavior, WCSD developed this Policy based upon the following principles:

2. Policy:

2.1. Each student is expected to follow accepted rules of conduct.

2.2. Each student is expected to show respect for other people and obey persons in authority at the school. 

2.3. When a student fails to meet these expectations, WCSD maintains the right to implement appropriate interventions. 

• 2.3.1. WSCD promotes principles of restorative school discipline but may impose other disciplinary intervention as necessary.

• 2.3.2. Multi-tiered systems of supports (MTSS) shall be implemented as a method of systematic reinforcement of expected behaviors and uniform methods for correction of inappropriate behaviors.

2.4. Participation in extracurricular activities is not a constitutionally protected right, and therefore, students who are denied participation in an extracurricular activity as a disciplinary measure are not entitled to due process.  (UCA 53G-8-209(1))

2.5. This Policy applies to students when students are in the classroom, on school grounds, in school vehicles, or at school-sponsored activities or events regardless of the location.

2.6. The Policy also applies to off-campus and non-school sponsored activities under the following circumstances:

• 2.6.1. There is a nexus between the proximity or timing of the conduct in relation to the student’s attendance at school or a school-sponsored activity; or 

• 2.6.2. The student is a member of an extracurricular activity and has been notified that particular off-campus conduct could result in exclusion from the extracurricular activity; or

• 2.6.3. The conduct has a direct nexus to attendance at school or a school-sponsored activity, such as a plan or agreement made on campus to engage in conduct off campus that would violate this Policy if it occurred on campus; or 

• 2.6.4. The conduct includes speech or expression that materially and substantially disrupts the operation of the school, or the school administration reasonably anticipates that the expression is likely to materially and substantially disrupt the operation of the school; or

• 2.6.5. The conduct involves the theft or vandalism of school property; or

• 2.6.6. The conduct involves bullying or harassment and occurs while the student is traveling to or from school or a school-sponsored event (See Policy 7100 for transportation guidelines); or

• 2.6.7. The conduct involves hazing or cyberbullying and creates a material and substantial disruption at school.

2.7. This Policy applies to student with disabilities to the extent permissible under state and federal law under state and federal special education law and Section 504 of the Rehabilitation Act of 1973.

4.2. Suspension, Temporary Disciplinary Transfer (TDT) and/or Expulsion 

4.2.1. A student may be subject to a TDT, suspended or expelled from the student's boundary school for any of the following reasons:

• 4.2.1.1. When a school official determines that reasonable time is needed to establish, further verify or document disruptive student behavior and the student’s continued presence at the school creates a threat of harm to others. Note: A student may only be suspended (short-term) under this provision.

• 4.2.1.2. Illegal behavior, frequent or flagrant willful disobedience, defiance of proper authority or disruptive behavior; including the use of foul, profane, vulgar, or abusive language.

• 4.2.1.3. Student participation in any form of criminal street gang activity as defined in Policy, on school property, or at any school-sponsored activity, or on school-provided transportation, and including: using, distributing, displaying, or selling of gang attire.

• 4.2.1.4. Behavior or threatened behavior which poses an immediate and significant threat to the welfare, safety, or morals of other students or school personnel or to the operation of the school, including: hazing, bullying, emotionally demeaning or assaultive behavior, physical violence, physical or sexual harassment (improper touching or inappropriate exposure of body parts, etc.). Conduct described in this paragraph is subject to discipline if it occurs on any social media platform where the conduct creates a substantial and material disruption or is reasonably foreseeable to create a substantial and material disruption at school. See WCSD Policy 2115 Non-Discrimination and Prevention of Harassment; Policy 3510 Bullying and Hazing.

• 4.2.1.5. Possession or use of pornographic material on school property, which includes nude or semi-nude images on personal electronic devices, sent or received by students (“sexting”). 

• 4.2.1.6. Possession, control, or use of an alcoholic beverage as defined in Utah Code 32B-1-102.

• 4.2.1.7. Possession, control, use of cigar, electronic cigarette, or tobacco.  See WCSD Policy 1401 Tobacco-Free School Policy.

• 4.2.1.8. Willful destruction or defacing of school property; behavior which threatens harm or does harm to the school or school property, to a person associated with the school, or property associated with any such person, regardless of where it occurs.

• 4.2.1.8.1.  If a school’s property has been lost or willfully cut, defaced or otherwise damaged, the school may withhold the issuance of an official written grade report, diploma, or transcript of the student responsible for the damage or loss until the student or the student’s parent/guardian has paid for the damages or completes a program of work in lieu of payment.

4.2.2. A student shall be suspended, subject to a TDT, or expelled from school for any of the following reasons:

• 4.2.2.5. The commission of an act involving the use of force or threatened force which if committed by an adult would be a felony or class A misdemeanor.

• 4.2.2.6. Possession, control, or actual or threatened use of a real weapon, explosive, or noxious or flammable material;

• 4.2.2.7. The actual or threatened use of a look-alike weapon with intent to intimidate another person or to disrupt normal school activities;

• 4.2.2.8. The sale, control, or distribution of a drug; drug paraphernalia; imitation of a controlled substance or controlled substance as defined in Utah Code 58-37-2; 58-37b-2; 58-37a-3.

4.2.3. Long-term suspension and/or temporary disciplinary transfers shall be based on factors such as previous violations, severity of conduct, and other relevant educational concerns.

4.3. Procedures for Suspension of 10 Days or Less:

4.3.1. School principals and assistant principals have authority to suspend a student for up to ten (10) school days per incident, with the exception of students on an IEP (Individualized Educational Plan) where they can only be suspended up to 10 school days per year.

4.3.2. Prior to suspending a student, a student shall be given due process, specifically, notice and an opportunity to be heard.  An informal conversation with the administrator in which the administrator tells the student of the alleged misconduct and asks the student for an explanation of his misconduct is sufficient for purposes of a suspension of less than ten days.

4.3.3.  If the student’s conduct is such that his presence at the school poses an immediate threat, the student may be immediately suspended, provided the student be given notice and an opportunity to be heard as soon as practically possible following the suspension.

4.3.4. If it is determined by the school administration that a suspended student must immediately leave the school grounds, the administration shall determine the best way to transfer custody of the student to the parent or other person authorized by the parent or applicable law to accept custody of the student.

4.3.5. Where a student’s presence at the school does not pose an immediate threat of harm, administrators shall conduct a thorough investigation in accordance with WSCD Policy 1700.

4.3.6. Within 24 hours of a student’s suspension, a school administrator shall notify the student’s parents*:

• that the student has been suspended;

• the grounds for the suspension;

• the period of time for which the student is suspended; and

• the time and place for the parent or guardian to meet with a designated school official.

(*The noncustodial parent must also be notified if the noncustodial parent requested in writing to be notified of such events.)

4.3.7. Administrators shall meet with the student and the student’s parents to review the suspension and any conditions upon which the matter might be resolved and the student returned to school.  If a satisfactory resolution cannot be reached or if the student’s parents cannot meet within 10 school days, the student may be suspended from school for a maximum of 10 school days.

4.3.8. The parent/guardian of a suspended student and the designated school official may enlist the cooperation of the Division of Child and Family Services, the juvenile court, or other appropriate state agencies, if necessary, in dealing with the student's suspension.

4.3.9. Any student temporarily suspended from regular classroom instruction shall be allowed full opportunity to make up work missed as a result of the suspension. It is the responsibility of the student to contact teacher(s) to obtain missed assignments, tests, etc. An administrator shall inform the parent(s) and student of the procedures for contacting the teacher(s) to obtain work during the suspension period.

4.4. Procedures for Long Term Suspension (10+ School Days)/Temporary Disciplinary Transfer (TDT)/ Expulsion

4.4.1. Only the Superintendent, or designee (who shall be a District-level administrator), have authority to impose a long-term suspension, a TDT, or an expulsion upon recommendation from a school administrator.

4.4.2. For students with disabilities, the procedures for a change of placement and/or services under the Individuals with Disabilities in Education Act (IDEA) shall apply.

4.4.3. Prior to making a recommendation for long-term suspension, TDT, or expulsion, and immediately upon the student’s removal from school, the school administrator shall meet with parents to discuss the proposed recommendation.

4.4.4. If, following the meeting with parents/guardians, the school administrator determines that long-term suspension, TDT, or expulsion is appropriate; the school administrator shall submit a recommendation for the student’s long-term suspension, TDT, or expulsion to the Superintendent or designee.

4.4.5. If a student has made a threat or has engaged in frequent violent bullying or harassment of others, commits an act of school violence, including force or assault, or makes a threat to do so, the school administrator shall refer the student for a threat assessment, in accordance with the procedures set forth in this Policy, and work with the threat assessment team to review the results of the threat assessment.  The results of the threat assessment shall inform the school administrator’s recommendation and/or action to be taken.

4.4.6. If the Superintendent or designee agree that a long-term suspension, TDT, or expulsion is appropriate, the Superintendent or designee shall provide notice to the parents/guardians as follows:

1. That the student is being recommended for long-term suspension, TDT, or expulsion and the reason for the recommendation, including a description of the school regulation(s) allegedly violated by the student and a statement of the facts which led to the recommendation;

2. The proposed length of time of the long-term suspension, TDT, or expulsion;

3. Information regarding the opportunity to request a hearing on the matter, including the procedures of the hearing as outlined in 4.4.7. below, the contact information of the Superintendent or designee, and that the hearing must be scheduled within ten school days of the student being removed from school.

4.4.7. Procedures for Hearing for Long-Term Suspension, TDT, or Expulsion

• 4.4.7.1. A hearing requested in 4.4.6.(c) shall be conducted before an impartial hearing panel, appointed by the Superintendent or designee within ten days of the student’s removal from school, unless otherwise agreed upon by both the school and parents.

• 4.4.7.2. The hearing shall be recorded either by an audio or video recording device.

• 4.4.7.3. Students may be accompanied by legal counsel if the school administration is represented by legal counsel.  The hearing panel may be assisted by legal counsel, at the Superintendent’s discretion.

• 4.4.7.4. The school administrator who recommended the long-term suspension, TDT, or expulsion shall bring information regarding the reason for the recommendation for the student’s long-term suspension, TDT, or expulsion, including evidence gathered during an administrative investigation.  Student statements and police reports may be admitted as part of this evidence. Hearsay is admissible.

• 4.4.7.5. The student, or the student’s representative, shall be given an opportunity to respond to the information presented by the administrator.

• 4.4.7.6. Witnesses may present testimony but are not required, and no witness will be compelled to testify.

• 4.4.7.7.  The hearing panel shall review the evidence presented by the administrator and the student and shall make a determination to uphold the recommendation for long-term suspension, TDT, or expulsion, or to make an alternative recommendation regarding the student’s continued presence in the District and/or the student’s placement.

• 4.4.7.8. Following the hearing, the hearing panel will write a decision within 10 days. The hearing report must include:

  1. A statement of the time, date, place of and individuals in attendance at the hearing.

  2. A summary of the information and evidence presented at the hearing.

  3. A statement of the hearing panel’s final decision.

  4. A time period for a long-term suspension/temporary disciplinary transfer.

  5. A statement of the hearing panel’s recommended conditions for a long-term suspension, TDT, or expulsion that a student must satisfy to be considered for re-instatement in the student’s boundary school.

• 4.4.7.9. The hearing panel’s decision may be appealed to the WCSD School Board within 10 days of receiving the hearing report.

• • 4.4.7.9.1. An appeal to the board is limited to a review the hearing panel’s report. 

  • 4.4.7.9.2. If the board finds that (1) there were no procedural errors, (2) that the penalty is consistent with the evidence and information presented and (3) that the student removal is appropriate considering all evidence and circumstances discussed at the hearing, the board shall uphold the Superintendent’s decision.

  • 4.4.7.9.3. If the board finds that grounds for expulsion and procedures were not satisfied, the board may modify the removal consistent with the evidence and information before the board. The board may modify the decision to include any conditions for alternative educational services and/or early reinstatement into school, and communicate the modified decision in writing to both parties within 10 days.

  • 4.4.7.9.4. The board may seek advice of legal counsel in reviewing the hearing panel’s report.

• 4.4.8. Nothing in this section precludes parents and administrators from coming to a mutually agreed upon decision to impose a long-term suspension, TDT, or expulsion for the student.  Parents and administrators must agree in writing about the decision.

Video Recording

• Students shall not record other students without their permission

• Students may be suspended for the recording of other students