PENTUCKET REGIONAL SCHOOL DISTRICT

PROMOTING CIVIL RIGHTS AND PROHIBITING HARASSMENT, BULLYING,

 DISCRIMINATION, AND HATE CRIMES POLICY

 

I.          GOALS

 

The  Pentucket Regional School District is committed to providing our students equal educational opportunities and a safe learning environment free from harassment, bullying, discrimination, and hate crimes, where all school community members treat each other with respect and appreciate the rich diversity in our schools. The District will not tolerate any unlawful or disruptive behavior, including any form of harassment, bullying, discrimination, or hate crimes in our schools or school-related activities.  The District will promptly[1] investigate all reports and complaints of  harassment, bullying, discrimination, and hate crimes, and take prompt, effective action to end that behavior and prevent its reoccurrence. Action will include, where appropriate, referral to a law enforcement agency.  The District will support this Policy in all aspects of its activities, including its curricula, instructional programs, staff development, extracurricular activities, and parental involvement.

 

II.        GENERAL STATEMENT OF POLICY

 

The Pentucket Regional School District prohibits all forms of harassment, discrimination, and hate crimes based on race, color, religion, national origin, ethnicity, sex, sexual orientation, age, or disability.  The civil rights of all school community members are guaranteed by law, and the protection of those rights is of utmost importance and priority to our School District .  The District also prohibits bullying of school community members or other harmful conduct for reasons unrelated to race, color, religion, national origin, ethnicity, sex, sexual orientation, age, or disability.  The District will also not tolerate retaliation against persons who take action consistent with this Policy.[2]

 
A.  APPLICATION

This Policy applies to all sites and activities the District supervises controls, or where it has jurisdiction under the law.  It applies to all students, school committee members, school employees, independent contractors, school volunteers, parents and legal guardians of students, and visitors to District schools where the conduct occurs on school premises or in school-related activities, including in school-related transportation.  Nothing in this Policy, however, is designed or intended to limit the District’s authority to discipline or take remedial action under General Laws Chapter 71, §37H, or in response to violent, harmful, or disruptive behavior, regardless of whether this Policy covers the conduct.

 

B.  DISCIPLINARY AND CORRECTIVE ACTION

Violation of this Policy is a serious offense.  Violators will be subject to appropriate disciplinary and/or corrective action to correct and end the conduct, prevent its reoccurrence, and protect the complainant and other similarly-situated individuals from harassment, discrimination, hate crimes, retaliation, and bullying in the future.

 

 

 

 

III.       REPORTING AND RESOLUTION PROCESS

 

A.     DESIGNATED OFFICIALS FOR REPORTING

 

The District Civil Rights Coordinators are:

Peter McGinn, Assistant Superintendent, 22 Main Street, West Newbury , MA .  01985

Telephone # (978)363-2280 ext. 22

and

Ruth Brophy, Health Coordinator, 22 Main Street, West Newbury , MA .  01985

Telephone # (978)363-2280 ext. 26

 

1.   In Each School Building

The school principal or the District’s Civil Rights Coordinators are responsible for receiving reports and complaints of violations of this Policy at the school level. A report or complaint of a violation of this Policy involving a principal should be filed with either Civil Rights Coordinator or Superintendent.


 

2.       For the Central Administration

The Civil Rights Coordinators are responsible for receiving and addressing reports or complaints of violations of this Policy at the district level.  A report or complaint involving the Civil Rights  Coordinator should be filed with the Superintendent; a report or complaint involving the Superintendent with the School Committee.

 

B.  REPORTING PROCEDURES

 

1.   Any school employee, independent contractor, or school volunteer who becomes aware or has a reasonable belief that harassment, bullying, discrimination, retaliation, or a hate crime has occurred or may have occurred on school property or in a school-related activity must promptly report the alleged incident(s) to a designated official.

 

2.   Any student or other person (who is not a school employee, independent contractor or school volunteer) who becomes aware or has a reasonable belief that harassment, bullying, discrimination, retaliation, or a hate crime has occurred or may have occurred on school property or in a school-related activity is strongly encouraged to and should promptly report the incident(s) to a designated official.  In situations where a student or other person does not feel comfortable reporting the incident to a designated official, (s)he may report it to a trusted school employee, who must promptly transmit the report to a designated official.

 

3.   Any school community member may also report possible incidents of harassment, bullying, discrimination, retaliation, or a hate crime directly to a Principal, the District Civil Rights Coordinators or to the Superintendent.

 

4.   Upon receipt of a written or oral report or complaint, the principal (or his/her designee) and The Civil Rights Coordinator will promptly notify one another of the facts alleged and any initial action taken.

 

5.       When a report or complaint involves physical injury, the principal (or his/her designee) will promptly report the incident to the Superintendent.

 

6.      All complaints or reports about a violation of this Policy must be documented on the District’s “Reporting/Complaint Form” (see Attachment I).  The form is available from designated officials.

If a complainant or reporter is either unwilling or unable to complete the District’s Reporting/Complaint Form, the school principal who receives the oral complaint or report will promptly prepare a written report, by filling out the District’s Reporting/Complaint Form, using, to the extent practicable, the reporter’s or complainant’s own words to describe the potential violation.

           

7.   On the District’s Reporting/Complaint Form, the principal will summarize any initial action taken.

 

8.   If the complaint occurs at the school level, the designated official (or principal) will promptly provide the principal with the completed Reporting/Complaint Form (or to The Civil Rights Coordinator, if the principal is the subject of the complaint), with a copy to either District Civil Rights Coordinator.  If the complaint occurs at the district level, the designated official will promptly  provide the completed Reporting/Complaint Form to the District Civil Rights Coordinator.

 

9.   Reporting Sexual Abuse and Other Serious Criminal Conduct 

 

a.       General Laws Chapter 119, Section 51A, makes administrators, teachers, school nurses, guidance counselors and other school staff members mandated reporters for purposes of reporting child abuse and neglect to the Department of Social Services (DSS).  Under

G.L. c. 119, Section 51A, a school staff member who has reasonable cause to believe that a student under the age of 18 years is suffering physical, sexual, or emotional abuse, or neglect, by a parent, guardian, school staff member, or other caretaker, must immediately report the abuse or neglect either directly to the DSS or to the person designated by the school to accept those reports, who, in turn, must promptly report the abuse to the DSS.

  

b.   The principal and/or Superintendent will report certain forms of sexual harassment and conduct (i.e., unwanted sexual touching or sexual assault) that may constitute a crime to the local police.

 

c.   The principal and/or Superintendent will report physical injury, destruction of public property, potential hate crimes, and other acts of a serious criminal nature to the local police for criminal investigation. 

 

C.  FILING A COMPLAINT OR REPORT

 

1.   The complainant or reporter files a written complaint or report with a designated official, using the District’s Reporting/Complaint Form, identifying the name(s) of the subject of the complaint, if known; describing the facts and circumstances of the incident or pattern of behavior; providing the time(s) and date(s) of the incident(s); and identifying any witnesses and relevant documentary information.  

 

2.   A complainant or reporter may also file an oral complaint or report.  In those circumstances, a designated official will complete the District’s Reporting/Complaint Form based on the oral information, using, to the extent practicable, the complainant or reporter’s own words.  The complainant will sign the Reporting/Complaint Form.                              

 


E.   INFORMAL PROCEEDINGS

 

STEP ONE

1.   Upon the initiation of an Informal Proceeding, the designated official, in consultation with the District Civil Rights Coordinator, will separately meet in a timely manner with the complainant and the subject of the complaint, and if a student, with their parent(s) or guardian(s), to tell them about the informal process, the nature of the complaint, explain the prohibition against retaliation, and determine the corrective action the complainant seeks.

 

STEP TWO

2.  If appropriate after adequate investigation, the designated official, in consultation with the District Civil Rights Coordinator, will propose a resolution.  If the complainant, the alleged offender and their parent(s) or guardian(s) agree with the proposed resolution, the designated official will write down the resolution, and the complainant and the subject of the complaint, and their parent or guardian, if present, will sign it, and each person will receive a copy.  At the meeting, the designated official will again explain the prohibition against retaliation.

 

STEP THREE

3.   A designated official will monitor the situation, and will follow up with the complainant at least weekly for two months to determine whether there are further incidents or concerns.  The designated official will maintain a written record of the follow up.

 

STEP FOUR

4.   If the complainant and alleged offender cannot agree to an informal resolution, or if at any time after resolution the designated official, in consultation with The Civil Rights Coordinator, determines that the problem is not corrected, the District may apply the Student Code of Conduct or commence a Formal Proceeding.  If this Policy does not cover the reported conduct, the District will address the report or complaint through its Student Code of Conduct, if applicable.

 

F.   FORMAL PROCEEDINGS

 

STEP ONE

1.   The designated official will separately meet in a timely manner with the complainant and the subject of the complaint, and if a student, with their parent(s) or guardian(s), to tell them about the formal process, explain the prohibition against retaliation, and determine the corrective action the complainant seeks.  The designated official will also explain that the investigation will be kept as confidential as possible, but that the District cannot promise absolute confidentiality, and may not be able to withhold the complainant’s identity from the subject of the complaint, since such a promise could interfere with the District’s ability to enforce its Policy, conduct a fair and thorough investigation, or impose disciplinary or corrective action.

 

STEP TWO

2.   A designated official will conduct an investigation in accordance with the procedures described in Section G, Investigations. 

 

STEP THREE      

3.   The designated official, in consultation with the District Civil Rights Coordinator, will determine whether the allegations have been substantiated, and whether the Policy, or if the subject of the complaint is a student, the Student Code of Conduct, has been violated.  If the complaint is substantiated, the designated official, in consultation with the District Civil Rights Coordinator, will decide, based on the investigative findings, on the appropriate action.  If legal issues arise, the designated official will seek the advice and guidance of legal counsel for the District.

 

4.   The designated official, in consultation with the District Civil Rights Coordinator, will prepare a written report that includes the investigative findings, the investigative steps taken, and the reasons for those findings.  These findings will specify whether the allegations have been substantiated, whether the Policy, or if the subject of the complaint is a student, the Student Code of Conduct, has been violated, and any decision for disciplinary and corrective action.

 

5.   The principal, the employee’s supervisor (if the subject of the complaint is an employee), or the Superintendent will impose any disciplinary or corrective action.

            

STEP FOUR

6.   The designated official will promptly notify the complainant and the subject of the complaint in writing to let them know whether the complaint has been substantiated.  If the complaint is substantiated, the designated official will also promptly notify the complainant of any non-disciplinary corrective action imposed to protect him/her from future Policy violations.  If the complaint is substantiated and the offender remains a student in the school, the designated official will meet with the offender and his/her parent or guardian, to describe the disciplinary and/or corrective action imposed, the school’s expectations for future behavior and the potential consequences for retaliation or future violation of the Policy.       

 

7.   If a complaint is substantiated, a report of the incident and its resolution will be placed in the offender’s student record or employee personnel file.

 

8.   If the District’s investigation results from a third party report, the designated official will inform that person that the District has taken steps consistent with the Policy, while not providing information about any disciplinary action imposed or any other information that would violate applicable state and federal confidentiality laws or student record regulations.

 

9.   Any disciplinary or corrective action against a student or employee must conform to the due process requirements of federal and state law.   

 

STEP FIVE          

11.  A designated official will monitor the situation, and will follow up with the complainant at least weekly for two months to determine whether there are further incidents or concerns, and whether the corrective action imposed has been effective.  The designated official will maintain a written record of the follow up.

 

STEP SIX

12.  The complainant may ask the District Civil Rights Coordinator to review, and, if appropriate, revise any non-disciplinary corrective action imposed through a Formal Proceeding, if the complainant believes that the corrective action is not adequate to protect him/her from future harassment, discrimination, bullying, retaliation, or a hate crime.  

 

13. Any right of appeal from a disciplinary decision is governed by the Student Code of Conduct, the school’s disciplinary code, applicable collective bargaining agreements, and Massachusetts and federal law.

 

G.  INVESTIGATIONS PROCEDURE

 

1.   Prompt and Thorough Investigations: Except where Informal Proceedings are initiated, the school or District, through a designated official, in consultation with the District Civil Rights Coordinator, will promptly investigate all reports or complaints of an alleged violation of this Policy (even where the offender is unknown), as set forth below.  The nature and duration of an investigation will depend on the circumstances, including the type, severity and frequency of the alleged conduct.  The goal of an investigation is to obtain an accurate and complete account of all incidents and circumstances deemed relevant to the allegations of the complaint.  No complaint is considered frivolous; on the other hand, culpability is never presumed.  These procedures are intended to protect the rights of a victim and the rights of a wrongfully accused individual.

 

2.   Emergencies: School officials will immediately call 911 in case of a threat of imminent physical harm or actual physical harm to a school community member or where police, fire, medical, or other emergency assistance is needed. 

 

3.   Opening Investigations: Upon receipt of a report or complaint, a designated official, in consultation with the District Civil Rights Coordinator, will promptly undertake an investigation or authorize a third party designated by the District or school to undertake an investigation. 

 

4.   Investigative Procedure: The designated official investigating the incident will gather and preserve evidence, and identify all involved parties and witnesses.  If the incident involves physical injury, destruction of public property, or other acts of a serious criminal nature, the designated official will confer with the local police department prior to gathering or preserving evidence to determine if the incident requires law enforcement involvement.   Until the designated official confers with the local police, however, s(he) will secure the evidence from contamination or removal.  The investigation will generally consist of personal interviews with the complainant, the subject(s) of the complaint and others who witnessed or may have potentially relevant knowledge about the alleged incident or circumstances giving rise to the report or complaint.  Interviews will be conducted in a manner that protects the privacy of individuals to the extent practicable under the circumstances.  The designated official should take notes during interviews, or prepare them soon thereafter, for the purpose of maintaining accurate records.  The designated official will also generally review and evaluate any other information or document, including video recordings, voice mails, e-mails, instant messages, information regarding any prior incident(s) committed by the subject of the complaint, or any other item deemed relevant to the allegations.

 

5.   Communication During Investigation: Throughout the investigatory and complaint resolution process, the designated official will make reasonable efforts to regularly inform the complainant and the subject of the complaint and their parent(s) or guardian(s) of the status of the complaint, and the anticipated timing for concluding the investigation, and making a determination.  The designated official will notify each person interviewed or made aware of the investigation that the investigation is confidential and should not be discussed with other students or District employees.  The designated official will tell them that the District will not tolerate retaliation against the complainant or reporter, or anyone else who cooperates with the investigation.         

 

6.   Time for Investigations: The designated official will complete his/her investigation as soon as practicable, not normally to exceed ten (10) business days after (s)he receives the complaint or report.  The investigation may exceed ten days only for good cause or with consent of the parties; the designated official will document these reasons in the investigatory file.  The designated official will expedite the investigation of any claim involving physical violence or serious threats of harm.

 

7.   Ensuring Safety During Investigation: The designated official, in consultation with the District Civil Rights Coordinator, will take any step s(he) determines is necessary and/or advisable to protect, to the extent practicable, the complainant, witnesses, and other individuals from further incidents or from retaliation pending the outcome of the investigation.  Those steps for students may include, but are not limited to, ordering interim disciplinary action under the Student Code of Conduct, appropriate adult supervision, reassigning classroom seating, temporarily transferring the student subject of the complaint from his/her class(es) with the complainant or to an alternative school assignment, instructing the subject of the complaint to avoid communication or contact with the complainant and to maintain a safe distance (for example, fifteen feet) from the complainant while on school property or in school-related activities, and monitoring compliance and reporting non-compliance of protective orders issued by a court.  Prior to a resolution of the complaint or report, the designated official will make reasonable efforts to monitor the success of the interim measures in achieving their goals.  At the discretion of a school and/or District administrator, a student complainant may also temporarily transfer classes or schools, where available, but only where the student and his/her parent or guardian voluntarily consent to the transfer.

 

8.   Victim Assistance: The designated official (or his/her designee) will make appropriate referrals for victim assistance, including counseling and crisis intervention, if requested, or as needed.

 

9.   Victim Non-Cooperation: Where a violation of the Policy has been reported by a third party, and the alleged victim fails to cooperate with the investigation, or denies the incident occurred, disciplinary and corrective action may by precluded, or limited, depending on the circumstances and the availability of information from other sources.

 

10.  False Charges: Any person who makes knowingly false charges or brings a malicious complaint is subject to disciplinary and/or corrective action.

 


H.  BASIS FOR DETERMINING WHETHER POLICY VIOLATED

A designated official, in consultation with the District Civil Rights Coordinator, will determine whether a particular action or incident constitutes a violation of this  Policy.  The determination will be based on all the facts and surrounding circumstances, including the context, nature, frequency and severity of the behavior, how long the conduct continued, where the incident(s) occurred, the number of persons involved in the wrongful conduct, the ages of and relationships between the parties, past incidents or patterns of behavior, and whether the conduct adversely affected the education or school environment of the victim or other school community member.

 

I.    CONFIDENTIALITY

The District will respect the privacy of the complainant, the subject(s) of the complaint, and the witnesses to the extent possible consistent with its obligations under federal and state law and regulations and its Policy to investigate, report, and take appropriate disciplinary and corrective action, and consistent with applicable and state and federal confidentiality laws and student record regulations.

 

VI.       DISCIPLINARY AND CORRECTIVE ACTION 

 

A. IMPOSING DISCIPLINARY AND CORRECTIVE ACTION             

If a designated official, in consultation with the District Civil Rights Coordinator, concludes that the subject of the complaint has violated this Policy, the District will in a timely manner impose disciplinary measures and/or corrective action reasonably calculated to end the complained of conduct, deter future conduct, and protect the complainant(s) and other similarly situated individuals.  In imposing disciplinary and corrective measures the District will take into account harm the victim and other members of the school community suffered and any damage to school climate or property.  The decision whether discipline is imposed and the nature of any disciplinary action must comply with the District and school’s disciplinary policies. 

 

B.  ACTION CONCERNING STUDENTS


Disciplinary and corrective action concerning a student may include, but is not limited to, a written warning; classroom or school transfer; short-term or long-term suspension; exclusion from participation in school sponsored functions, after-school programs, and/or extracurricular activities; limiting or denying access to a part or area of a school; exclusion, expulsion, or discharge from school; adult supervision on school premises; parent conferences; an apology to the victim; awareness training (to help students understand the impact of their behavior); participation in empathy development, cultural diversity, anti-harassment, anti-bullying or intergroup relations programs; mandatory counseling, or any other action authorized by and consistent with the Student Code of Conduct and/or school disciplinary code.

 

Discipline for Students with Disabilities

The District complies with the federal and state law requirements that apply to the discipline of students with disabilities, including the federal “Individuals with Disabilities Education Act” (“IDEA”).

 

 

C.  ACTION CONCERNING SCHOOL EMPLOYEES

Disciplinary and corrective action concerning a school employee may include, but is not limited to, a written warning, suspension, transfer, demotion, removal from certain duties, employment termination, supervision, training, and counseling.


 

 
F.         OTHER LEGAL REMEDIES

Any school community member may also pursue legal remedies or other avenues of recourse, including filing a complaint with the Massachusetts Department of Education (Problem Resolution System), at (617) 338-3000; the Massachusetts Office of Attorney General, Civil Rights Division, at (617) 727-2200; the Office of Civil Rights of the United States Department of Education, at (617) 223-9662, the Massachusetts Commission Against Discrimination, at (617) 727-3990 or (413) 739-2145; or the Equal Employment Opportunity Commission, at (617) 565-3200; filing a civil lawsuit; or pursuing criminal prosecution.

 

GLOSSARY OF TERMS

 

BULLYING: Any written or verbal expression, or physical acts or gestures, directed at another person(s) to intimidate, frighten, ridicule, humiliate, or cause harm to the other person, where the conduct is not related to the person’s membership in a protected class (e.g., race, sex).[3]  Bullying may include, but is not limited to, repeated taunting, threats of harm, verbal or physical intimidation, cyber-bullying through e-mails, instant messages, or websites, pushing, kicking, hitting, spitting, or taking or damaging another’s personal property.  Bullying behavior may also constitute a crime.  (See Student Code of Conduct for how the District addresses bullying not covered by this Policy.)

 

COMPLAINANT:   A person who complains about conduct covered by this Policy who is the alleged victim of the conduct, and if a student, their parent or guardian.

 

DISABILITY: A physical or mental impairment that substantially limits one or more major life activities (a) where the person has such an impairment, (b) has a record of such an impairment, (c) is regarded as having an impairment, or (d) has an individualized education program (IEP).

 


DISCRIMINATION:  Treating people differently, or interfering with or preventing a person from enjoying the advantages, privileges or courses of study in a public school because of his/her race, color, national origin, ethnicity, religion, sex, sexual orientation, age, or disability.  A person may not be subjected to discipline or more severe punishment for wrongdoing, nor denied the same rights as other students, because of his/her membership in a protected class.

 

HARASSMENT: Harassment is oral, written, graphic, electronic or physical conduct on school property or at a school-related activity relating to an individual’s actual or perceived race, color, national origin, ethnicity, religion, sex, sexual orientation, age, or disability (i.e., protected status), that is sufficiently severe, pervasive or persistent so as interfere with or limit a student’s ability to participate in or benefit from the district’s programs or activities, or to interfere with or limit an individual’s employment, by creating a hostile, humiliating, intimidating, or offensive educational or work environment.  For purposes of this Policy, harassment shall also mean conduct, if it persists, that will likely create such a hostile, humiliating, intimidating or offensive educational or work environment.  A single incident, depending on its severity, may create a hostile environment.

 

Harassment based on a person’s protected status may include, but is not limited to:

<                    Degrading, demeaning, insulting, or abusive verbal or written statements;

<                    Taking personal belongings, taunting, teasing, name-calling, or spreading rumors;

<                    Drawing or writing graffiti, slogans, visual displays (such as swastikas), or symbols on school or another person’s property (e.g., books or backpacks);

<                    Telling degrading or offensive jokes;

<                    Unwanted physical contact of any kind;

<                    Physical violence, threats of bodily harm, physical intimidation, or stalking;

<                    Threatening letters, e-mails, instant messages, or websites;

<                    Defacing, damaging, or destroying school (e.g., desks, lockers or school walls) or 

            another person’s property; or throwing objects (eggs, paint).

 

HATE CRIME: A crime motivated by hatred or bias, or where the victim is targeted or selected for the crime at least in part because the person is a different race, color, national origin, ethnicity, religion, gender, or sexual orientation from the perpetrator or because the targeted person has a disability.  A hate crime may involve a physical attack, threat of bodily harm, physical intimidation, or damage to another’s property.

 

RETALIATION:  Any form of intimidation, reprisal, or harassment by a school community member directed against another school community member for reporting or filing a complaint, for aiding or encouraging the filing of a report or complaint, for cooperating in an investigation under this policy, or for taking action consistent with this policy.

 

NOTIFICATION OF ANTI-DISCRIMINATION: Chapter 76, Section 5 of the Massachusetts General Laws reads as follows:  Every person shall have a right to attend the public schools of the town where he actually resides.  No person shall be excluded from or discriminated against in admission to a public school of any town, or in obtaining the advantages, privileges and courses of study of such public school on account of race, color, sex, religion, national origin or sexual orientation. 

 

NOTIFICATION OF HOMELESS COORDINATOR:  The Pentucket Regional School District , in accordance with NCLB:  Title X, Part C, Sec 722 (g)(6) identifies Kathleen O’Brien  as the Homeless Coordinator for the Pentucket School District .  She can be reached at 22 Main Street, West Newbury , MA   01985 or by telephone at 978-363-2250 X 5.

 

SECTION 504 OF THE REHABILITATION ACT OF 1973: The Pentucket Regional School District , in accordance with Section 504 of the Rehabilitation Act of 1973, will not participate in discrimination of harassment on the grounds of race, color, sex, religion, national origin, ethnicity, age, disability, or sexual orientation in any educational programs, activities, or employment.  Furthermore, the Pentucket Regional School District has procedures regarding the referral, evaluation and placement of students with disabilities who are eligible under Section 504.  The 504 Coordinator for the district is Peter McGinn, Assistant Superintendent.  Please contact the Superintendent’s office at (978)363-2280 x22 for more information.

 

 

SUSPENSION AFTER A HEARING

 

A student may be suspended for disciplinary reasons for infractions of the code of conduct, following a hearing (or upon the hearing being waived) pursuant to the following procedures:

1.  Notice of the alleged infraction(s) and of the time and place of a hearing in the matter shall be given to the student and his/her parent or guardian as soon as possible.  Such a notice shall also include an explanation of the evidence on hand to support the allegation of infraction.  Such notice may be oral, and shall when feasible be followed by written notice.  The time for hearing shall in the usual case be immediately following the incident, but not later than the school day following the day in which the incident giving rise to the matter occurs, or in which the administrator becomes aware of the incident.  A later time may be requested by the student or parent, who shall also have the right to waive a hearing.  Any request for a postponement, and any waiver, shall be in writing.  Ordinarily, a request for a postponement will not be entertained except upon good cause shown.

2.  The hearing shall be presided over by the administrator.  If the administrator has personal knowledge of the incident giving rise to the matter, that alone shall not require that the hearing be presided over by another administrator, although in such case the administrator shall first specifically determine whether such personal knowledge renders him/her biased in the ability to be impartial and fair.

3.  At the hearing, all sides shall be given an opportunity to fully present the facts and arguments on the alleged infraction.  Failure of the student or parent to attend the hearing shall not prevent the hearing form taking place and completing its business.  The student may be represented by legal counsel or his or her own choosing.

4.  Upon completion of the hearing, the administrator shall render a decision as soon as possible.  The administrator is encouraged to render a decision immediately when possible.  The decision shall, if possible, be transmitted orally to the student, followed by a written confirmation to the student and parents.

 

 

 

 

 

 

 

 

 

5.  If the administrator shall determine that an infraction of the student code has occurred, the administrator shall also impose a disciplinary measure, which may include suspension, exclusion (suspension from school for more than ten school day(s) or expulsion.  For these purposes “suspension, exclusion, and expulsion” mean that a student shall not be on school property, or participate in any school function or extra-curricular activities, including senior activities and even including the graduation ceremony itself, for the duration of the suspension, or exclusion.  Expulsion is permanent removal from school.  Students suspended for violating the controlled substances policy will be prohibited from performing or competing in any extra-curricular activity or event for at least two weeks or two events, whichever is greater, from the date of the offense.

6.  In all cases involving any suspension, it is the responsibility of the student to obtain and complete all assignments which should be due on the day the student returns to classes.

7.  At the termination of the suspension period, the student and his/her parents/guardians shall report to the administrator or his/her designee prior to the student resuming classes.

8.  The duration of any suspension shall in the usual case be left to the administrator’s discretion (subject to the administrator’s authority to suspend the student form extra-curricular activities, including senior activities and the graduation ceremony itself, in the event that the suspension period exceeds the number of days of classes left in the student’s school year).

 

REPEATED INFRACTIONS

In the usual case, no student shall be suspended for any infraction for a period lasting longer than ten days.  If a student who has been suspended during a school year is found after a hearing to have acted in such a way as to have violated the student code again during the same school year than that student shall be subject to another suspension appropriate to the circumstances for up to another ten day period.  In the usual case, first offenders shall be subject to a suspension of not more than five days for any one infraction, except that any student found to have violated the policy on controlled substances or to have endangered the safety of himself or others may be subject to greater penalties up to and including expulsion even on his/her first offense.

 

 

 

 

 


[1] Whenever this policy refers to any time frame, it shall mean as soon as practicable under the circumstances.

 

[2] Any other conduct harmful to school climate and subject to discipline is governed by the Student Code of Conduct and other District policies.  

 

[3] Experts have determined that bullying is a form of aggression involving a power imbalance between the bully and victim, where the bully has actual or perceived physical, social, and/or psychological power over his or her target(s). Bullying generally involves a pattern of conduct that is directed at a victim, rather than a single isolated incident.