Friday, November 20, 2009

Student Behavior Code of Conduct

Policy Code: JCDA Behavior Code

Revised August 7, 2007

A. Purpose:

An educated citizenry is essential to good government in this country and cannot exist without

effective public schools. The effectiveness of the public schools depends in large part on the

maintenance of discipline and good order. The Board earnestly solicits the cooperation of every

student, every parent, and the community at large in its effort to maintain order and safety in the

Duplin County Schools.

All decisions related to student behavior are guided by the board's educational objectives to teach

responsibility and respect for cultural and ideological differences and by the board's commitment

to create safe, orderly and inviting schools. Student behavior policies are provided in order to

establish expected standards of student behavior, principles to be followed in managing student

behavior, consequences for anti-social behavior or drug/ alcohol policy violations, and required

procedures for addressing misbehavior

B. Principles:

The purpose of this code is to present in a single document system wide policies on the proper

conduct and behavior of students in the Duplin County Schools. The reasons for managing

student behavior are; to create an orderly environment where students can learn, to teach

expected standards of behavior; to help students learn to accept the consequences of their

behavior; and to provide students with the opportunity to develop self control. The following

principles apply in managing student behavior;

1. Student behavior management strategies should compliment other efforts to create a safe,

orderly and inviting environment.

2. Responsibility, integrity, civility and other standards of behavior should be integrated into

curriculum.

3. Disruptive behavior in the classroom will not be tolerated.

4. Consequences for unacceptable behavior should help a student learn to comply with rules,

to be obedient at a minimum, and when able, to learn to accept responsibility and develop self

control.

5. Age and developmentally appropriate strategies and consequences are to be utilized.

6. When feasible, consequences for unacceptable behavior should take into account

differences in how individual students respond to discipline strategies.

This code is not intended to restrict in any way the authority of principals or teachers to make

such rules, not inconsistent with this code, as they are authorized by law to make for the

operation of their respective schools or classes. The Board encourages and supports the right of

principals to employ a variety of disciplinary actions which may include but are not limited to

in-school suspension, suspension from school events and activities, after-school detention, and

out-of-school suspension.

Any student who refuses to comply with reasonable rules, regulations, or directives imposed by

any principal, assistant principal, teacher, or authorized school employee shall be held in

violation of this code of conduct.

It shall be the responsibility of the principal to investigate fully the case of students appropriately

referred to his/her office for misbehavior and to determine what if any disciplinary action is

warranted. The teacher shall have the responsibility and authority to discipline students, except

in those cases requiring the attention of the principal.

C. Applicability:

Students must follow all board and school behavior policies in all of the following

circumstances:

1. While in any school building or on any school premises before, during or after school

hours;

2. While on any bus or other vehicle as part of any school activity;

3. At any bus stop

4. During any school function, extracurricular activity or other activity or event when subject

to the authority of school personnel

5. Anytime or place when the students' behavior has a direct and immediate effect on

maintaining order and discipline in the schools

6. At any time when the student's behavior has a direct and immediate effect on maintaining

order and discipline and protecting the safety and welfare of students and staff.

D. Communication of Policies:

Duplin County School policies related to student behavior are to be shared at the beginning of

each school year. The principal is responsible for providing each student and his/her parents or

guardian with a copy of the student behavior policies and any other school rules and procedures.

Students enrolling during the school year and their parents or guardians shall receive a copy of

the information upon enrollment.

E. Possible Disciplinary Actions:

The Board shall delegate to the Superintendent and his/her staff the responsibility for establishing

and enforcing necessary regulation and procedures not in conflict with state or federal law so as

to govern and control the conduct of students. The Board of Education expects school

administrators to provide for and maintain an environment suitable for an orderly learning

process. These disciplinary measures are consequences of violating the Student Code of Conduct

and may include but are not limited to the following:

1. Student Conferences

2. Conference with the Parents: Parents are encouraged to set up an appointment with any

teacher, counselor, or administrator to discuss their child's misconduct. School officials may

require such a conference.

3. Detention: Any teacher or administrator may have a student serve detention before or after

regular school hours or on Saturday.

4. Parent attendance in the classroom: Parents may be requested to sit in on the student's

classroom to observe behaviors of their child.

5. Student temporary reassignments: Students may be sent to another teacher's classroom

in an attempt to provide a different environment and correct behaviors.

6. In-School Suspension: A student may be excluded from attending regular classes but not

from attending school and is required to do assignments developed by his/her teachers. Credit

is given for the work. A student will not be allowed to participate in any extra curricular

activities during the period of in school suspension. Principals shall notify parents when a

student is assigned to in school suspension.

7. Corporal Punishment With Parent Consent: In compliance with policy JDA, Corporal

Punishment

8. Confiscation: Any student property which disrupts the learning environment will be

removed from the student's possession.

9. Restitution: The replacement of or payment for property taken, damaged, or destroyed will

be required.

10. School work service: Students may be required to participate in work service at the

school. This duty will not be performed on any dangerous equipment or around any

hazardous materials.

11. Isolation: A student may be removed from regular class activities for any portion of a

school day as long as he/she is under the supervision of an adult.

12. Court Referral: In case of a drug offense, assault, weapons charge, or any of the 17

reportable offenses, or any violation of the North Carolina statutes the student will be referred

to law enforcement.

13. Loss of privileges: Principals, teachers, and their designees may withdraw specific school

privileges from a student who exhibits inappropriate behaviors.

14. Parent Contacts: Teachers, counselors, and other school administrators may contact

parents by telephone or letter in an effort to inform them of student misconduct and to gain

their support in altering that behavior.

15. Removal from school provided transportation: Students exhibiting inappropriate

behavior may be prohibited fr0m riding the bus or other school provided transportation for

periods of time specified in the bus transportation rules or for any period of time up to the

remainder of the school year.

16. Suspension from extra curricular activities: A student may be suspended from

participating in any or all extra-curricular activities, including graduation exercises.

17. Referral to the Student Staff Support Team (SSMT): Students who are referred to the

principal for discipline two or more times may be referred to the SSMT or another

multi-disciplinary committee to provide other services.

18. Alternative placement: Students may be referred to alternative educational settings

which may include the county wide in school suspension at the Renaissance Center for up to

10 days, the placement of the student at the Renaissance Center for up to one calendar year,

homebound placement or other alternative placement as approved by the superintendent or

his/her designee.

19. Out of school suspension from attendance at school for violations of the Student

Code of Conduct.

a. Short-term suspension - 10 days or less

b. Long-term suspension-more than ten days

c. 365 Day Suspension-suspension for 365 calendar days

20. Expulsion: Permanent prohibition/exclusion from the school system requires the

recommendation of the principal and Superintendent and Board Action

F. Interrogation:

If the interrogation of a student indicates that the completion of the interrogation should be

carried out by a police officer or other legal officer, the principal shall make a reasonable attempt

to notify the parents (except in cases of suspected child abuse or neglect by the parent) and give

them an opportunity to be present at the time of questioning. Any student over age 14 must be

advised of his/her rights but the presence of the student's parents, guardians, or attorney may be

waived by the student. If the student is under the age of fourteen (14) he or she may only be

interrogated by law enforcement in the presence of a parent or guardian or with parental consent.

The student shall be advised of his/her rights as set forth in statute.

G. Code of Conduct:

All students shall comply with all rules and regulations governing behavior and conduct.

Violation of board policies, rules or regulations, the Code of Student Conduct of the Duplin

County Schools, regulations issued by the individual school, or the North Carolina General

Statutes may result in disciplinary action including corporal punishment or suspension of the

student from the Duplin County Schools pursuant to the Due Process Procedures for

Administrative Disciplinary Action of the Duplin County Schools.

Students/Parents shall be informed by local school rules or local school authorities of any

infractions not listed in this Code of Conduct that may result in corporal punishment, short-term

or long-term suspension or expulsion. During the period that a student is suspended, he/she is

prohibited from entering the grounds of any school of the Duplin County Schools and from

attending any school-related functions without express permission of the building principal.

A serious violation of any of the policies listed in this Code of Conduct may result in the

long-term suspension of a student. In addition, repeated violations of this code of local school

rules may subject a student to long-term suspension.

When a school official learns or suspects that any student has violated any Board or school

policy, rule or regulation that may also be a criminal violation of the laws of the United States or

the State of North Carolina, he/she shall report immediately such violation to the proper law

enforcement agency for investigation and prosecution. In such cases, school officials shall

cooperate fully with the law enforcement agency; however, internal disciplinary proceedings

shall proceed independently from the criminal investigation and prosecution.

Students shall comply with all directions of principals, teachers, substitute teachers, student

teachers, teacher aides, bus drivers, and all other school personnel who are authorized to give

such directions, during any period of time when they are subject to the authority of such school

personnel.

H. Definitions:

1. Student: any person attending any school of the Duplin County Schools.

2. Board: Duplin County Board of Education.

3. Principal: The school principal or any school professional to whom the principal may

officially delegate authority.

4. Parent: natural parent, legal guardian, or person serving in loco parentis.

5. Short-term suspension: suspension from school, school activities, and school grounds for

up to and including ten (10) days.

6. Long-term suspension: suspension from school, school activities, and school grounds for

more than ten (10) days, up to the remainder of the school year.

7. 365-Day Suspension: a 365-day or one year suspension from the Duplin County School

System

8. Expulsion: exclusion from Duplin County Schools

9. Immediately: reporting to law enforcement agencies immediately not to exceed

twenty-four (24) hours.

I. Reporting of an Incident:

The principal shall report immediately to law enforcement agencies the following acts that occur

on school grounds:

• Assault resulting in serious injury

• Assault involving use of a weapon

• Assault on school personnel

• Bomb Threat

• Burning of a school building

• Death other than natural cause including suicide

• Kidnapping

• Possession of alcoholic beverage

• Possession of controlled substance

• Possession of a firearm or powerful explosive

• Possession of a weapon

• ****

• Robbery without a dangerous weapon

• Robbery with a dangerous weapon

• Sexual Assault

• Sexual Offense

• Taking indecent liberties with a minor

There is no age limitation for the victim or perpetrator of the act required to be reported.

Other acts or crimes to be reported immediately include:

• Assaults not resulting in serious injury

• Arson

• Trespassing

• Simple Affray (Fighting) Grades 6-12

"Immediately" is defined as reporting to law enforcement agencies within twenty-four (24)

hours.

Any report made to law enforcement agencies for the above list of acts or crimes also requires

written notification to the Superintendent of Schools.

In the absence of the principal or the assistant principal, each school will identify an individual to

assume the reporting duty. A copy of the list of individuals at the school level to be responsible

for such reporting will be on file with the Superintendent of Schools.

In the administration of the policies concerning student conduct in these areas, the possible legal

or criminal consequences to students cannot be considered when making the reports. Also,

although a student may have been reported for an act or crime, they are still subject to the

applicable school discipline policies. All students must be treated fairly and equally.

J. Exceptional Children:

The local board upon recommendation by the Superintendent may modify any suspension

requirement on a case-by-case basis that includes, but is not limited to, the procedures

established for the discipline of students with disabilities and may also provide, or contract for

the provision of, educational services to any student suspended under this subsection in an

alternative school setting that provides educational and other services. Refer to Policy Code

JDCK, Disciplinary Action for Exceptional Children/Disabled Students.

VIOLATIONS OF THE CODE OF CONDUCT

Any physical or verbal disturbance which occurs within the learning environment and which

interrupts or interferes with teaching or orderly conduct of school activities is prohibited. No

student shall by use of passive resistance, noise, threat, fear, intimidation, coercion, force,

violence or any other form of conduct, intentionally cause the disruption of any lawful function,

mission, or process of the school to which he/she is assigned or any other school in the school

system, nor shall any student urge any other student to engage in such conduct.

Each school should implement consequences for non administrative offenses and for any other

offenses not specified in the county-wide discipline code. These consequences will be stated in

the local schools discipline policy

Non-administrative Offenses should be handled by the teacher in most circumstances. These

non-administrative offenses include but are not limited to:

1. Excessive talking in class

2. Inappropriate behavior in hallways cafeteria, outside areas or in the gym

3. Minor altercations between students

4. Classroom rule infractions

5. Eating or drinking in inappropriate areas

6. Chewing gum in inappropriate areas

7. Minor classroom disruptions

8. Littering

9. Being in inappropriate areas

10. Tardy to class

11. Throwing objects

12. Being unprepared for class

13. Repeated failure to do homework or class-work

14. Non-participation in class such as having head on desk or sleeping

15. Not having appropriate pass

16. Use of non-allowed electronic devices

Other more serious offenses will be handled by the principal or designee. These offenses will

incur the consequences listed after the offense. The principal or designee has the authority to

assign an in-school suspension at the Renaissance Center in place of any non-violent out of

school suspension.

Alarm Systems: False setting of fire alarms or security alarms is prohibited in all cases.

Consequences:

False setting of alarms or security will result in a short-term suspension and may be

considered grounds for long-term suspension from school. The school may file a

complaint in adult court or a petition in juvenile court in accordance with fire marshal

regulations. Misuse of the fire alarm system, fire extinguisher or other alarm systems may

be grounds for long-term suspension and charges may be filed.

Arson: Setting a fire in the building or on the school grounds.

Consequences:

Arson shall be considered grounds for long-term suspension or expulsion. The school shall

file a complaint in adult court or a petition in juvenile court in accordance with fire marshal

codes and city and state laws. This violation will be reported to law enforcement agency

immediately.

Assault on Another Student: - When one student attempts to strike, spit, shove, hit, slap,

kick, bite, push, or attempt to cause physical injury to any student . No student shall behave in

such a manner as could reasonably cause serious physical injury to any student.

Consequences:

K-5 1st Offense

Shall result in a disciplinary consequence by the principal or designee and may result in

short-term suspension

Repeated Offenses May result in a long-term suspension or a request for alternative

placement.

6-12

1st Offense

Shall result in a short-term suspension. Circumstance may require recommendation for

long-term suspension or expulsion of the student from the school system.

2nd Offense

The second violation of this policy during a school year shall result in long-term

suspension, alternative placement, or expulsion

However, if the violation involves two or more students assaulting, or attacking, causing or

attempting to cause physical injury to another student or students behaving in such a way as

could reasonably cause physical injury to another student, the first violation shall result in

long-term suspension or alternative placement for the remainder of the school year and the

event will be reported to law enforcement.

Assault of a School Employee: No student shall assault or attempt to cause physical injury

to any school employee or behave in such a manner as could reasonably cause physical injury

to any school employee. School employees may include but are not limited to game officials,

referees, coaches, advisors, custodians, SRO's, child nutrition, volunteers, etc.

Consequences:

Any act of aggression toward an adult will result in immediate suspension from the school

system. Depending upon the severity the principal or designee may recommend long-term

suspension or an alternative placement to the superintendent.

1st Offense

Students under the age of 14 who physically assault and a teacher or other individual on

school property or at a school related function shall receive:

Immediate short-term suspension for up to ten (10) days.

Report to law enforcement

A possible alternative location for instruction and referrals to other assisting agencies.

2nd Offense

Shall result in a long-term suspension or alternative placement for the remainder of the

year.

1st Offense by a student 14 or older shall receive:

Immediate short-term suspension for ten (10) days.

Alternative placement and long-term suspension and

Reported to law enforcement.

(General Statute's 115C-391 (d2))

Assault Involving a Weapon: Any violation of this policy that involves the use of a weapon

or other object that could reasonably be considered a weapon shall be recommended for

365-day suspension from the school system and the event will be reported to law enforcement.

The superintendent will consider the age, culpability, dangerousness of the student, and harm

caused by the student in making his/her decision.

Attendance:Students shall follow State and local attendance guidelines and attend classes in a

timely and regular fashion.

Skipping (leaving school once present) in whole or part of a day. Students shall come to

school, remain at school once they have arrived and be present in their designated homeroom

and /or their assigned classroom unless they have been authorized to do otherwise by the

principal or his/her designee.

Consequences:

K-5 In-school disciplinary action

6-8 In-school suspension, other in school discipline or up to 1 day out-of-school

suspension

9-12 In-school suspension, other in school discipline or up to 2 days out-of-school

suspension

Bullying: Bullying is prohibited. No group or individual shall annoy another student by

playing abusive or ridiculous tricks on him/her, frighten, bully, scold, beat or harass him/her

or subject him/her to personal indignity. Bullying in some incidences may be considered

assault and or extortion.

Consequences:

Violations will result in short-term suspension pending investigation, which may result in

long-term suspension. All investigation and consequences listed in Policy JCDB,

Prohibition Against Discrimination, Harassment, Bullying and Hazing will be adhered to

as part of this discipline code.

Bomb Threat Or Hoax: No student shall, by any means of communication make a report,

knowing or having reason to know the report is false, that there is located on any school

premises or any school sponsored event, a device designed to cause damage or destruction by

explosion, blasting, or burning.

No student shall place on any school premises with the intent of perpetrating a hoax, any

device that would appear to a reasonable person to be a bomb or similar instrument capable of

causing injury or damage.

Consequences:

Students in violation shall be suspended for 365 calendar days and the offence will be

reported to the law enforcement immediately. The superintendent will consider the age,

culpability, dangerousness of the student, and harm caused by the student in making his/her

decision for alternative placement.

Cheating: See Integrity

Cursing and Using Vulgar Language or Gestures: Cursing and using vulgar language

including remarks intended to demean a person's race, religion, sex, national origin,

handicapping condition or intellectual ability.

Consequences:

In school disciplinary action as determined by the administrator

Repeated usage will result in out of school suspension

Damage to Property: Students shall not intentionally damage or attempt to damage any

school or private property while under school jurisdiction including buses. Students shall not

vandalize, damage or attempt to damage property belonging to others.

Consequences:

K-5 May result in up to 10 days suspension. Restitution may be required.

6-12 1st Offense - May result in a short-term suspension. Circumstance may require

recommendation for long-term suspension or expulsion of the student from the school

system.

2nd Offense - The second violation of this policy during a school year shall result in

long-term suspension, alternative placement, or expulsion

Directed Profanity and Vulgarity: A student who uses profanity or vulgar comments

directed to a staff member or adult will be dealt with in the following manner

Consequences:

K-5

1st Offense - Up to1 Day Suspension

2nd Offense -Up to3 Day Suspension

3rd Offense - Up to 5 Day Suspension

6-8

1st Offense - Up to 3 Day Suspension

2nd Offense -Up to 5 Day Suspension

3rd Offense - Up to 10 Day Suspension

9-12

1st Offense - Up to 5 Day Suspension

2nd Offense - Up to 10 Day Suspension

3rd Offense - Recommended for long-term suspension

Disorderly Conduct and Inciting Student Disorder: Any student who is defiant and

uncontrollable such that their removal from school is necessary. Students shall not lead or

participate in any activity that has as its purpose the disruption of school business or which

significantly affects the educational process. In the event that the disruption does not abate

immediately or if the principal deems it appropriate law enforcement will be called.

Consequences:

1st Offense K-12

The parents will be notified of the situation with the understanding that the parent must

come immediately to remove the student from the school. Until the arrival of the parent,

the student should be kept in the care of an administrator or School Resource Officer. If

the parent has no means of transportation for the student, transportation will be arranged

through administration to a location agreed upon by the parents and the school. When

parents can not be reached the administrator will notify the emergency contact as selected

by the parent to come and pick up the student. Students who are 16 or older may be dealt

with through law enforcement.

The student will also receive an out-of-school suspension up to 10 days with law

enforcement being notified. Depending upon the severity long-term suspension may be

recommended.

Dress Code Violation: Appearance or clothing which is disruptive, provocative, obscene, or

endangers the health or safety of the student or others is prohibited. The Dress Code is

addressed specifically in Policy JCBE, Dress Code.

Consequences:

a. A call to the parent or legal guardian to bring proper clothing to the school .

Students will not be allowed to attend class until appropriate clothing is displayed

b. School administration may provide proper attire in the event the parent is unable to be

contacted

c. The administrator may place the student in an alternative learning setting until proper

attire is displayed

d. Repeated violations will result in insubordination which may result in out-of- school

Suspension.

Electronic Devices:

For these reasons students are not permitted to use, display, transmit, or possess cell phones,

pagers, beepers, walkie-talkies, ipods, walkmans, digital cameras or any other electronic

device on school grounds, in any school building, or at any school sponsored activity until the

conclusion of the instructional day. The instructional day includes after school labs and

tutorial programs. The use of cell phones, pagers, beepers, walkie-talkies, and other electronic

devices is prohibited during travel on yellow school transportation for all students. During

travel for extra-curricular activities, the use of cell phones is limited to use for emergencies or

information to parent(s) concerning arrival time at school and the staff in charge must approve

this usage.

Consequences:

K-5

1st offense Confiscation and consequence at the discretion of principal

2nd offense Confiscation/ISS or Community Service or After School or Saturday

detention

3rd offense Confiscation/LEA ISS at Renaissance Center

4th offense Confiscation/OSS

6-12

1st offense Confiscate/ISS or Community Service or After School or Saturday detention

2nd offense Confiscate/LEA ISS at Renaissance Center (3 days)

3rd offense Confiscate/OSS 3 days

4th offense Confiscate/OSS up to 5 days

Extortion: A student shall not gain or demand through verbal, written or physical threats,

coercion or intimidation anything of value (personal property, money, or information) from

any other student or school employee.

Extortion may be considered bullying. See Policy JCDB, Prohibition Against Discrimination,

Harassment, Bullying and Hazing

Consequences:

K-5 Up to 3 days out-of school suspension and law enforcement may be notified

6-8 Up to 5 days out of school suspension which may result in long-term suspension

depending on severity and law enforcement may be notified

9-12 Up to 10 days out-of-school suspension which may result in long-term suspension

depending on severity and law enforcement may be notified.

Falsification: See Integrity

Fighting: Is defined as the exchange of physical *****. No student shall intentionally hit,

shove, scratch, bite, block the passage of, or throw objects with the intention to injure a

student or other person. No student shall take any action or make any comments or

communicate any messages intended to cause others to fight or which might reasonably be

expected to result in a fight.

A student who is attacked may use reasonable force in self-defense but only to the extent to

free himself/herself from the attack and notify proper school authorities. A student who

exceeds this reasonable force may be disciplined even though he/she may not have provoked

the fight.

Students who are intimidated or harassed by another student should report that to a teacher or

administrator immediately. Students who instigate a fight but who are not actively involved

are considered in violation of this rule. Examples include carrying rumors, carry information

back and forth, and urging others to fight. These students subject themselves to the same

consequences as those who participate in the fight. Students who actively prevent adults and

administrators from disbursing the fight are subject to the same disciplinary action as those

who participate in the fight. Students who see a fight should report it to the nearest adult and

remove themselves from the area by entering the nearest classroom or safe space.

Consequences:

The SRO will be involved in the investigation at the 6-12 grade levels. Violators will be

suspended and may face charges in violation of NC General Statute 14-33 (a)- Simple Affray.

K-5

1st Offense Parents contacted, up to 3 days out of school suspension, reported to law

enforcement

2nd Offense Parents contacted, up to 5 days out of school suspension, reported to law

enforcement

3rd Offense Parents contacted, up to 10 days out of school suspension and may be

recommended for alternative placement, reported to law enforcement

6-8

1st Offense Parents contacted, up to 5 days out of school suspension, reported to law

enforcement

2nd Offense Parents contacted, up to 8 days out of school suspension, reported to law

enforcement

3rd Offense Parents contacted, up to 10 days out of school suspension and may be

recommended for alternative placement, reported to law enforcement

9-12

1st Offense- Parents contacted, up to 10 days out of school suspension, reported to law

enforcement

2nd Offense- Parents contacted, 10 days out of school suspension with referral for

alternative placement, reported to law enforcement

If the fight involves two or more groups fighting the administrator will request long-term

suspension or alternative placement or expulsion.

Firearms: No student shall possess, handle, or transmit any firearms (i.e., pistol, rifle,

shotgun, pellet gun, etc.) or any dynamite cartridge, bomb, grenade, mine, or powerful

explosive on school property.

Consequences:

The possession of these weapons on educational property is a felony, and students found in

violation shall be suspended from school for 365 calendar days, provided however, the

Board upon recommendation of the Superintendent may modify this 365 calendar day

suspension on a case-by-case basis pursuant to the procedures and statutory guidelines set

forth in N.C.G.S. 115C-391(a) through (q).

Gambling: Students shall not engage in any form of games of chance or gambling for money

or things of value. Participation in any unauthorized event, action or statement, which relies

on chance for the monetary advantage of one participant at the expense of others, is

prohibited. This includes exchanging items of value as well as currency and extends to

keeping score for later settlement.

Consequences:

K-12

1st Offense In school disciplinary action determined by the administrator

Repeated or serious violations will result in out-of-school suspension for up to 10 days.

Gang Activity: No student shall commit any act that furthers gangs or gang related activity.

A gang is defined as a group or organization of three or more people either formal or informal,

having as one of its primary activities the commission of criminal acts, or the purposeful

violation of any Duplin County School policy, and having a common name or common

identifying sign, symbol or colors. Refer to Policy JCDK, Gang Activity and Gang Attire.

Consequences:

K-5 For any student who is found to be representing a gang through his or her dress,

symbols, or language, the first offence shall result in in-school disciplinary action. Parents

will be notified by telephone or in writing. Out-of-school suspension will result for

repeated or serious violations.

6-12 For any student who is found to be representing a gang through his or her dress,

symbols, or language, a short-term suspension will result. The second offense of this type

of behavior will result in out-of-school suspension for ten days. Further violations shall

result in long-term suspension or alternative placement.

For any student who is actively involved in gang related violence, the first violation shall

result in long-term suspension or alternative placement.

Hazing: No group or individual shall require any student to wear abnormal dress or costume

on campus, subject students to harassment by abusive and humiliating tricks usually by way of

initiation.

Consequences:

Violations will result in short-term suspension pending investigation, which may result in

long-term suspension. All investigation and consequences listed in Policy JCDB Prohibition

Against Discrimination, Harassment, Bullying and Hazing will be adhered to as part of this

discipline code.

Upon conviction of the criminal offense of hazing or aiding or abetting in hazing, a student in

grades 6-12 shall be recommended for long-term suspension for the remainder of the school

year.

Illegal Drugs and Alcohol: Students are prohibited from possessing, using, transmitting,

selling or being under the influence of any of the following substances:

• Narcotic drugs

• Hallucinogenic drugs

• Amphetamines

• Barbiturates

• ********* or any other controlled substance

• Any alcoholic beverage, malt beverage or fortified wine or other intoxicating liquor or

any chemicals or products procured or used with the intention of bringing about a state of

exhilaration or euphoria or of otherwise altering the student's mood or behavior

Students are prohibited from possessing, using, transmitting, or selling drug paraphernalia or

counterfeit (fake) drugs. Students may not in any way participate in the selling or transmitting

of prohibited substances, regardless of whether the sale or transmission ultimately occurs on

school property.

Possession or use of prescription or over the counter drugs is not a violation of this policy if

possessed or used in accordance with Duplin County Board Policy JGCD, Medication

Administration. Also refer to Policy JDCI, Drug and Alcohol.

Consequences:

As required by board policy JCDH, Criminal Behavior, the principal or designee must report

to the appropriate law enforcement agency any student who has used or possessed the

substances prohibited by this policy. In addition, school sanctions will be as outlined below:

K-5 Principals or designees in the elementary grades are expected to use good judgment

and reasonable discretion in applying board policies and in determining the appropriate

consequences for violation of board policies, school standards, or rules. Depending on the

severity of the

consequences, may range from short-term suspension, alternative placement, or long-term

suspension.

6-12 Students who are under the influence of drugs and alcohol will face a short-term

suspension. An appropriate consequence for a student in possession of an illegal substance

is to be suspended for the remainder of the school year. Students transmitting or selling

may be permanently expelled (see board policy JCDA, Behavior Code and JCAA,

Long-Term Suspension, 365-Days Suspension, Expulsion). The superintendent may

assign the student to an alternative program if he or she believes that it is in the student's

best interest, and it does not jeopardize the safe and orderly environment of the alternative

placement. When an alternative consequence is approved, the superintendent must

document the basis for the alternative consequence. Repeated violations of this policy

while in middle or high school may result in recommendation for expulsion.

The principal or designee must notify the superintendent of all violations of this policy, and

recommend appropriate consequences. In making the recommendation to the

superintendent, the principal or designee must provide an assessment of whether any

available services, such as school counseling services, an alternative school, substance

abuse programs or programs provided by other agencies would assist the student and

whether any services should be a part of the consequence.

The superintendent or superintendent's designee must approve any consequence for

violations of this policy, including any recommendations for suspension or expulsion. A

student re-entering school following treatment for substance abuse should be identified by

the school as highly at-risk and provided a transition/support plan developed

collaboratively by staff, student support team, parent(s) and, when appropriate, the student.

The transition/support plan must include periodic monitoring. The superintendent is

responsible for ensuring that this policy is fairly applied throughout the school district.

Referrals to other agencies will involve the Child and Family Support Team, the Social

Worker, Nurse, Counselor Team or the SSMT. Referrals through Eastpointe, the local area

mental health agency will follow the steps in JCDAE-4

Inappropriate Affection: No student shall engage in behavior which is immoral, indecent,

disrespectable, or of any overly romantic, affectionate or sexual nature in the school setting.

Consequences:

K-12 1st Offense In school disciplinary action decided by the administrator

Repeated or serious violations will result in out-of-school suspension for up to 10 days.

Inappropriate Internet Usage: Internet usage should be utilized in an appropriate manner

as outlined in Policy Code IFBC Internet and the Educational Program. Improper usage will

result in the following disciplinary action.

Consequences:

Inappropriate use:

1st Offense Warning and an in school disciplinary action as determined by the school

administrator

2nd Offense - In-school-suspension and loss of internet privileges

3rd Offense - Out-of-school suspension up to 3 days and loss of privileges

Severe violations or violations that may result in felony or criminal charges and loss of

internet rights, computer access, and on-line course privileges. Violations will be reported to

law enforcement and the student will be suspended up to 10 days with possible request for

long-term suspension.

Inappropriate Literature and Illustrations: The possession of literature or illustrations,

print or digital format which significantly disrupt the educational process or which are

obscene is prohibited.

Consequences:

K-12 1st Offense In-school disciplinary action determined by the administrator

Repeated or serious violations will result in out-of-school suspension for up to 10 days.

Insubordination: Students who willfully and intentionally disregard directives of school

personnel are considered insubordinate. Examples include continued dress code violations,

walking out of class, giving false identification, refusing to go to the office, back-talking, etc.

Consequences:

K-5

1st Offense 1 Day suspension and parent conference

2nd Offense 3 Day suspension and parent conference

3rd Offense 5 Day suspension and parent conference

6-12

1st Offense 3 Day suspension and parent conference

2nd Offense 5 Day suspension and parent conference

3rd Offense 10 Day suspension and parent conference

Serious violations may result in out-of-school suspension for up to 10 days.

Intergrity: All students are expected to demonstrate integrity, civility, responsibility and self

control. This expectation is directly related to the board's educational objectives for students

to respect cultural diversity and ideological differences. Integrity, civility, responsibility and

self control are critical for establishing and maintaining a safe, orderly and inviting

environment.

Prohibited behavior is as follows:

a. Cheating - Including the actual giving or receiving of any unauthorized assistance or the

actual giving or receiving of an unfair advantage on any form of academic work. This also

includes national and state testing, i.e., End-of-Grade, End-of-Course, SAT, PSAT.

b. Plagiarism - Plagiarism includes the copying of the language structure, idea and/or

thought of another and representing it as one's own original work.

c. Falsification - Making an untrue verbal or written statement including forgery on

attendance notes etc.

d. Violating copyright laws, including unauthorized reproduction, duplication and or use

of printed or electronic work, computer software, or other copyrighted material.

e. Playing abusive or dangerous tricks or otherwise subjecting a student or personnel to

personal indignity.

Consequences:

K-5 Violations will be handled at the discretion of the principal

6-8 Violation will result in short-term suspension

9-12 Out-of-school suspension up to 10 days and/or a zero on assignments

Misconduct on a School Vehicle:

School transportation service is a privilege, not a right. Students shall observe the directive of

the school bus driver at all times. The following conduct is specifically prohibited and may

result in temporary or permanent suspension from school transportation services and/or from

school:

1. Delaying the bus schedule

2. Fighting, smoking, using profanity or refusing to obey the driver's instructions

3. Tampering with or willfully damaging the school vehicle. (This offense may result in

suspension from school or the bus as well as restitution; depending upon the severity.)

4. Possession or use of unauthorized drugs or intoxicating beverages on a school vehicle as

outlined in Board policy.

5. Getting off at an unauthorized stop.

6. Distracting the driver's attention by participating in disruptive behavior while the vehicle

is in operation.

7. Failing to observe established safety rules and regulations.

8. Willfully trespassing upon a school bus.

9. Violating any other rule of the Code of Student Conduct while on the school bus or other

school vehicle.

10. All other disciplinary policies will be adhered to as well as bus disciplinary action.

Consequences:

K-5

1st Offense Warning

2nd Offense Parent Contact

3rd Offense Up to 3 days suspension from bus

4th Offense Up to 5 days suspension from bus

5th Offense Up to 10 days suspension from bus

Further Offenses Possible loss of bus privileges for remainder of year

6-12

1st Offense 3 day loss of bus privileges

2nd Offense 5 day loss of bus privileges

3rd Offense Possible loss of bus privileges for remainder of year

Please note that all other school rules apply and sanctions or consequences apply while on

school transportation.

Plagiarism: See Integrity

Playing Abusive Tricks: See Integrity

Prohibited Materials: No student shall possess, handle or transmit pepper gas, mace or any

other similar substance nor shall a student possess a laser pointer or similar electronic device.

Any material intended or reasonably likely to result in a fire on school property is prohibited

unless specifically authorized by school officials. These items include lighters and matches.

Except with the permission of the principal or other designated school official, students shall

not possess any "look alike" gun such as a plastic gun, rubber gun, candy gun, or water pistol.

Consequences:

Any student found in violation shall be suspended for up to five days. Law enforcement

may be notified.

Sexual Harassment:

Unwelcome sexual advances, request for sexual favors and other inappropriate sexual

advancement made by one student to another student constitute sexual harassment. Sexual

harassment is:

• Continued remarks or displays of words or pictures having a sexual connotation.

• Pressure for sexual activity.

• Deliberate unwelcome touching.

• Suggestions or demands for sexual involvement that may be accompanied by implied

promises of preferential treatment or threats.

• No student shall intentionally expose one's body (genitals) on school property or at

school-sponsored events.

Consequences:

K-5 Violators in will be handled at the discretion of the principal

6-12 Violators will receive school counseling and possible referral to mental health

agency. Violation may result in short-term suspension pending investigation, which may

result in a request long-term suspension.

Student Demonstrations: No student shall, on or off school premises, engage in any protest,

march, picket or sit-in or similar activity which has as its purpose the disruption of any lawful

function, mission or process of the school to which the student is assigned or to any school in

the school system.

Consequences:

If there is no destruction of property the administrator may assign up to 5 days

out-of-school suspension. If there is destruction of property the administrator may assign

up 10 days out-of-school suspension and require restitution for items damaged or

destroyed.

Tardies: Students shall not be tardy to assigned classes or homeroom

Consequences:

K-5 In-school disciplinary action

6-8 In-school suspension or other in school disciplinary action

9-12 In-school suspension, other in school disciplinary action, or up to 2 days

out-of-school suspension

Threatening Action: Students are prohibited from directing toward any other person any

language which threatens force, violence, or disruption. No student shall direct toward any

school employee, toward any other student, or toward any other person within the school

context, any language which threatens force or violence, or any sign or act which constitutes a

threat of force or violence. Threatening action to a school employee or adult may result in

recommendation for alternative placement or long-term suspension. Refer to Policy JCDB,

Prohibition Against Bullying, Discrimination, and Harassment, and JDCA, Assault On A

School Employee

Any threatening action may result in the requirement of a psychological or psychiatric

evaluation of the student(s) involved in the threatening action. This evaluation will be one

source of information reviewed in order to consider alternative placement or long-term

suspension.

Consequences:

K-5

1st Offense Out of school suspension for 1 day

2nd Offense Out of school suspension for up to 3 days

3rd Offense Out of school suspension for up to 5 days

6-8

1st Offense Out of school suspension for up to 3 days

2nd Offense Out of school suspension for up to 5 days

3rd Offense Out of school suspension for up to 10 days

9-12

1st Offense Out of school suspension for up to 5 days

2nd Offense Out of school suspension for up to 10 days

3rd Offense Recommendation for long-term or alternative placement

Violations of this section may result in long-term suspension, 365 day suspension or

expulsion depending upon the severity.

Threatening action to a school employee or adult may result in recommendation for

alternative placement or long-term suspension.

Theft: No student shall steal or attempt to steal or knowingly be in possession of stolen

property.

Consequences:

K-5 Violations may result in a short-term suspension.

The student may be required to pay restitution for damaged or stolen items. Repeated

offenses may result in alternative placement.

6-12 First violation may result up to 10 day out-of-school suspension.

The student may be required to pay restitution for damaged or stolen items. Second

offenses shall result in alternative placement.

Tobacco Use: No student shall possess, smoke or use any tobacco product on any school

controlled grounds, in any school building or school vehicle, at any school sponsored or

school related activity, at any authorized school event before, during, or after regular school

hours, or during any period of time he/she is subject to the authority of school personnel.

Students found in violation of this policy will be subject to the following consequences:

Please Refer to Policy JCDC, Tobacco Products

Consequences:

K-12.

1st Offense Required Tobacco Cessation or In School Suspension

2nd Offense County wide in school suspension at the Renaissance Center and tobacco

cessation class taught at the center

3rd Offense Out-of-school suspension from 3-10 Days

Trespassing: No student shall be on the campus of another school in the Duplin County

Public School System during the school day without the knowledge and consent of the

officials of the school he/she is visiting. Students who loiter at any school after the close of

the school day without specific need or supervision will be considered trespassers and may be

prosecuted if they do not leave when instructed to do so. Any student who has been

suspended from school may be considered trespassing if he/she appears on school property

during the suspension period without the express permission of the principal.

Consequence: Once warned, repeated offense will result in a report to law enforcement.

Violations of Criminal Statute: Students shall not violate any criminal statute or local

ordinance or commit any act which could result in criminal prosecution or juvenile

proceedings not previously covered elsewhere in these rules at any location previously noted

or at any time when the student's behavior has an immediate effect on maintaining order and

discipline and protecting the safety and welfare of students and staff. If necessary, the

superintendent and principal or designee may take reasonable measures to preserve a safe,

orderly environment when a student has bee charged or convicted with a serious crime,

regardless of whether the alleged offense was committed on school grounds or related to

school activities. Refer to Policy JCDH, Criminal Behavior.

Concequences:

K-12 Recommendation for long-term suspension, alternative placement or expulsion with

law enforcement being called.

Weapons and Dangerous Instruments: No student shall possess, handle, or transmit any

knife, razor, BB gun, ice pick, chain, loaded cane, sword cane, machete, or any other object

that can reasonably be considered a weapon or dangerous instrument that can cause bodily

harm. The possession of these weapons on educational property is a misdemeanor.

Consequences:

K-5

1st Offense Suspension for up to three (3) days, confiscate, refer for counseling, report

to law enforcement

2nd Offense Suspension for up to five (5) days, confiscate, refer for counseling session

and report to law enforcement

3rd Offense Suspension for remainder of school year and report to law enforcement

6-8

1st Offense Suspension for up to five (5) days, confiscate, refer for counseling session

and report to law enforcement

2nd Offense Suspension for six (6) to ten (10) days, confiscate, refer for counseling

session and report to law enforcement

3rd Offense Suspension for remainder of school year and report to law enforcement

9-12

1st Offense Suspension for up to ten (10) days, confiscate, refer for counseling session

and report to law enforcement

2nd Offense Long-term suspension for the remainder of school year with possible

recommendation for expulsion and report to law enforcement.

3rd Offense Long-term suspension for the remainder of school year with possible

recommendation for expulsion and report to law enforcement.

DUPLIN COUNTY BOARD OF EDUCATION