5600 - STUDENT DISCIPLINE

Bay Village City School District

Bylaws & Policies

5600 - STUDENT DISCIPLINE
Preface and Philosophy

The Student Discipline Code and its procedures is published in conformity with R.C. 3331.661 which requires each Board of Education to adopt a code designed to maintain such order and discipline as may be necessary to provide a proper environment for effective learning. The Board believes that learning to accept limits and controls is an important part of the learning process as limits on the behavior of the individual are necessary for the orderly functioning of society. The Board believes that all school employees have an obligation to the community and to students to insist upon good behavior. To this end the Board has established the following administrative guidelines to govern conduct of students while at school, at any school related activity, or while traveling to and from school or any school activity, and to ensure fair and equitable handling of violations of such guidelines.

Student Discipline Code

The following actions are strictly prohibited. Violation on the part of a student of any one (1) or more of the following rules of conduct shall result in disciplinary action, including but not limited to written warning, corporal punishment, suspension, removal and/or expulsion.

The Board will not tolerate any form of violence, disruptive or inappropriate behavior by its students. In addition to disciplinary action specified in the parent/student handbooks, the Superintendent shall develop strategies that will help prevent students from demonstrating unacceptable behavior.

Disruption of School:

		1.	A student shall not by use of violence, force, coercion, intimidation, threat, harassment, insubordination, repeated acts of disobedience, or repeated failure to abide by the Student Discipline Code, cause or attempt to cause disruption or obstruction of the educational process, including all curricular and extra-curricular activities.
		2.	A student shall not advocate or promote any of the above prohibited acts nor any disruption or obstruction of the educational process.
		3.	No student shall interfere with or obstruct nor shall s/he advocate or promote interference with or obstruction of a teacher's conduct of a class or an activity.

Damage to School Property:

		1.	No student shall cause or attempt to cause damage to school buildings, grounds, equipment, materials, or any other school property.
		2.	No student shall advocate or promote the actions prohibited in (1) above.

Damage to Private Property:

		1.	No student shall cause or attempt to cause damage to the real or personal property of any person, organization or other entity on school premises, or at any school activity, function, or event whether on or off school premises.
		2.	No student shall advocate or promote the actions prohibited in (1) above.

	D.	Assault, Threats, and Intimidation:
		No student while at school or at any school function whether on or off school premises, shall:

		1.	use or attempt to use physical force on another person for the purpose of intimidating, insulting, abusing, menacing, or physically injuring such person,
		2.	act or behave in such way as to cause another person to believe that the student will inflict physical harm to the person or property of such other person,
		3.	act or behave in reckless disregard for the physical safety and well-being of other persons, and/or
		4.	encourage, instigate, or conspire with others to commit any of the aforesaid prohibited acts.

	E.	Dangerous Weapons and Instruments:
		No student while at school or at any school function, whether or not on school premises shall:

		1.	possess, transmit, conceal, or in any other way handle or use any object, instrument, or weapon capable of harming another person without written permission of the principal of the school which the student attends,
		2.	threaten to or use any instrument or object as a weapon to inflict bodily harm to another person or to damage or destroy the property of another person,
		3.	act or behave in such a way as to cause another person to believe that the student intends to use an object, instrument, or weapon to inflict bodily harm to the person or to damage or destroy the property of such person,
		4.	handle or use an instrument, object, or weapon in reckless disregard of the physical safety and well-being of other persons or of the safety and well-being of their property,
		5.	encourage, instigate, or conspire with others to commit any of the above prohibited acts, and/or
		6.	possess, conceal, sell, transmit, or use matches, lighters, or other flame producing devices except under the expressed permission of school personnel.

	F.	Tobacco:
		No student while at school or at any school function, whether or not on school premises, shall:

		1.	possess, conceal, sell, transmit, or use tobacco in any form, or
		2.	conspire with others to conceal, sell, transmit, or use tobacco in any form.

	G.	Drugs of Abuse, Counterfeit Drugs of Abuse, and Paraphernalia:
		Drugs of abuse are all intoxicants or other substances that could modify behavior including, but not limited to, all narcotics, hallucinogens, stimulants, depressants, and alcoholic beverages. Examples include marijuana, amphetamines, barbiturates, glue, cocaine, PCP, beer, wine, and liquor.
		Counterfeit drugs of abuse include any substance that is directly or indirectly represented to be a drug of abuse, whether by communication, marking, labeling, packaging, distribution, or similarity in shape, size, color, or price.
		Use of drugs as authorized by medical prescription from a licensed physician shall not be considered a violation of this rule.
		No student while at school or at any school function, whether or not on school premises, shall:

		1.	possess, use, sell, offer to sell, deliver, conceal, consume, or be under the influence or suffer some impairment as a result of the use of any drugs of abuse including alcoholic beverages or any counterfeit drugs of abuse. A student is subject to disciplinary action after the student has used or consumed any alcoholic beverage, intoxicant, or any of the drugs of abuse, or if s/he is found to have the smell of alcohol on his/her breath.
		2.	instigate or conspire with others to possess, use, sell, offer to sell, deliver, conceal, consume, or be under the influence of any drugs of abuse including alcoholic beverages or any counterfeit drugs of abuse.
		3.	directly or indirectly represent a substance as a drug of abuse by describing its effects as the physical or psychological effects associated with the use of a drug of abuse.
		4.	possess, use, sell, offer to sell, deliver, or conceal any instrument or paraphernalia for use with drugs of abuse (for example, hypodermic needle, syringe, water pipe, roachclip).

	H.	Insubordination:
		No student while at school or at any school function whether or not on school premises, shall fail or refuse to carry out or comply with requests, directions, instructions, or orders given by any school personnel.
	I.	Profanity and/or Obscene Language:
		No student while at school or at any school function, whether or not on school premises, shall:

		1.	use profanity or obscenity, either verbal or written, in communication with, or in the presence of any person,
		2.	use obscene gestures or signs in communication with or in the presence of any person,
		3.	possess, display, sell, or distribute obscene publications or pictures,
		4.	posses, display, distribute, or wear clothing imprinted with profanity or obscene signs, sayings, or pictures, and
		5.	encourage, instigate, or conspire with others to commit the above prohibited acts.

	J.	Theft:
		No student while at school or at any school function whether or not on school premises, shall, alone or in concert with others, conspire to take, attempt to take, or take into possession property of any kind or nature which is owned, leased, borrowed, or being used in any way by the School District or any person.
	K.	Truancy and Tardiness:
		No student shall be absent from school without school authorization and parental consent. No student shall arrive to school or class at a time later than the scheduled beginning of school or classes. A student absent from school without school authorization and parental consent shall be considered to be truant. A student arriving to school or class at a time later than the scheduled beginning of school or classes shall be considered to be tardy.
	L.	Failure to Dress in an Appropriate Manner:
		No student while at school or at any school function, whether or not on school premises, shall dress or appear in such fashion as to substantially interfere with a teacher's ability to conduct a class or activity or disrupt or obstruct the educational process.
		No student while at school or at any school function, whether or not on school premises, shall dress or appear in such a fashion as to promote or advertise the violation of Item F (tobacco) or Item G (drugs) of this code. Specifically prohibited are any types of dress or jewelry that refer to the use or possession of any kind of alcohol, tobacco, or drug.
	M.	Frightening, Threatening, Degrading, or Disgraceful Acts:
		No student while going to, at, or returning from school or any school function, whether or not on school premises, shall, alone or in concert with others, engage in any act or course of action, the purpose of which is to frighten, threaten, or disgrace another person.
	N.	Violation of the Law:
		No student, while under the jurisdiction of the school, shall violate any Federal, State, or Municipal law or ordinance.
	O.	Violation of School Regulations:
		No student while going to, at, or returning from school or any school function, whether or not on school premises, shall fail or refuse to comply with administrative guidelines established for the purpose of maintaining such order and discipline as is necessary for creating and maintaining an environment conducive for learning or for insuring the effective operation of the schools and school programs and activities.
	P.	Conduct Against Board of Education Employees
		A student shall not physically assault, threaten to assault, vandalize, damage, or attempt to damage the property of a school employee or his/her family or demonstrate physical or verbal disrespect on school property or while in attendance at any Board sponsored or supervised activity.
	O.	Hazing
		No student may plan, encourage, or engage in any hazing. Hazing is defined as doing any act or coercing another, including the victim, to do any act of initiation unto any student or other organization that causes or creates a risk of causing mental, emotional, or physical harm to any person. Permission, consent, or assumption of risk by an individual subjected to hazing does not lessen the prohibition contained in this policy.
	R.	Other Conduct of Similar Nature Prohibited:
		Other student misconduct of a nature similar to that prohibited in the section above shall also be prohibited. Such violations shall include, but are not limited to:

		1.	trespassing (presence on school property in a restricted area or at an unauthorized time),
		2.	gambling,
		3.	arson or attempted arson,
		4.	misuse of fire extinguishers,
		5.	initiating false fire alarms or bomb reports,
		6.	possession or use of fireworks or explosives,
		7.	extortion or attempted extortion,
		8.	forgery,
		9.	sexually molesting or abusing another person, and
		10.	inciting others to riot.

Suspension Procedure

	A.	Definition:
		The term suspension shall be understood to mean the removal of a student from the school premises and/or any or all related school activities for a period of time in excess of twenty-four (24) hours. Suspension cannot exceed ten (10) school days.
	B.	Procedure:

		1.	The student shall be given written notice on the official school form of the intention to suspend, the reason(s) therefore, and the right to an informal hearing regarding the charges.
		2.	At or about the time such written notice is given to the student, an attempt shall be made by telephone to notify the student's parent(s) or guardian of the impending action and reasons for it.
		3.	The student shall be provided an opportunity for an informal hearing before the Superintendent, the Superintendent's designee, the principal, or an assistant principal to present his/her facts and position regarding the reason(s) for the intended suspension and/or otherwise explain his/her actions which constituted the basis for the notice of intention to suspend.
		4.	If, after such informal hearing, a decision is made to suspend the student, then, within twenty-four (24) hours thereafter, a letter shall be sent to the parent(s) or guardian and the student stating the specific reason(s) for suspension, and giving notice of the right to appeal such action to the Superintendent and to be represented in the appeal proceedings.
		5.	Simultaneous written notice of suspension shall be sent to:

			a.	Superintendent,
			b.	Treasurer of the Board, and
			c.	Student's School Record.

Emergency Removal Prior to a Suspension or Expulsion Hearing

	A.	Definition:
		The term "removal" shall be understood to mean the removal of a student from curricular or extra-curricular activities or from the school premises because the student's presence poses a danger to persons or property or an ongoing threat of disrupting the academic process.
	B.	Procedure:

Removal by an Administrator

			a.	The student posing a danger to persons or property, disrupting the academic process, or who is posing an ongoing threat of disrupting the academic process shall be removed from the activity or the school premises.
			b.	An attempt should be made to notify the student's parent(s) or guardian immediately by telephone of the action and the reason(s) for it.
			c.	A hearing in which the student has the right to contest the reason(s) for possible disciplinary action or otherwise explain his/her actions, shall be held within seventy-two (72) hours after the removal is ordered.
			d.	Written notice of the hearing and the reason(s) for the removal and possible disciplinary action must be given to the student as soon as practicable but in any event prior to the hearing.
			e.	The person(s) who ordered or requested the removal must be at the hearing.
			f.	In all cases involving disciplinary action, where a student is removed from a curricular or extra-curricular activity or from the school premises for less than twenty-four (24) hours, the hearing requirements as outlined shall not apply.

Removal by Teacher:

			a.	A teacher may remove a student from curricular or extra-curricular activities under his/her supervision, but not from the premises. Students who are removed must be sent to the office.
			b.	The reason(s) for the removal must be submitted to the principal in writing by the teacher as soon after the removal as practicable.
			c.	If the removal by the teacher is to continue for more than twenty-four (24) hours, a hearing in which the student has the right to contest the reason(s) for possible disciplinary action or otherwise explain his/her actions, shall be held within seventy-two (72) hours after the removal is ordered.
			d.	Written notice of the hearing and the reason(s) for removal and possible disciplinary action must be given to the student as soon as practicable, but in any event prior to any hearing.
			e.	The person who ordered or requested the removal must be at the hearing.
			f.	A student may be kept from class or reinstated in class until the hearing is held and the matter of his/her misconduct is resolved.

Expulsion Procedure

	A.	Definition:
		Expulsion shall be the exclusion of a student from the schools of this District for a period not to exceed eighty (80) school days, but no expulsion shall extend beyond the school year in which the incident which gave rise to the expulsion took place.
	B.	Procedure:

		1.	Prior to any expulsion the Superintendent must give the student and his/her parent(s) or guardian written notice of the possible expulsion. The notice must include the reason(s) for the possible expulsion and the right of the student and parent(s) or representative to appear at a hearing to challenge the reason(s) or otherwise explain the student(s) actions.
		2.	The notice of possible expulsion shall state the time and place for the hearing which must not be less than three (3) days nor later than five (5) days after the notice is given. If the Superintendent grants an extension of time, s/he must notify all parties of the new time and place.
		3.	Within twenty-four (24) hours after an expulsion, the Superintendent must notify the parent(s) or guardian of the student and the student himself/herself and the Treasurer of the Board of the action to expel. This notice must include the reasons for the expulsion, the right of the parent to appeal to the Board or its designee, the right to be represented at the appeal, and the right to request the hearing to be held in executive session.
		4.	The appeal hearing with the Board must be recorded verbatim. Formal action by the Board to affirm, vacate, or modify the disciplinary action or appeal must be taken in public session, although the appeal may be heard in executive session.

Disciplinary Removal from a Class or Extra-Curricular Activity

	A.	A student may be removed from a class or other curricular activity where the student engages in conduct which tends to interfere with or disrupt the class or curricular activity.
	B.	A student may be removed from an extra-curricular activity in which s/he has been accepted or qualified for membership where the student engages in conduct which tends to interfere with or disrupt the extra-curricular activity or where the student violates the administrative guidelines which govern participation in the extra-curricular activity.
	C.	Before a student is removed from a curricular or extra-curricular activity for more than twenty-four (24) hours, the student shall be given notice of the intention to remove and the reasons for the intended disciplinary removal. The student will be given an opportunity to appear at an informal hearing before the Superintendent, Superintendent's designee, principal or assistant principal to contest the reason(s) for the intended disciplinary removal or otherwise explain his/her actions.

Distributed and/or Posted Notice of Policy

The principal of each building shall see that copies of this policy are appropriately distributed or posted to inform students of its content.

R.C. 3313.20, 3313.66, 3313.661, 3315.07
A.C. 3301-35-03(G), 3301-83-07

Revised 6/26/89
Revised 6/22/98