5530 - PREVENTION PROGRAM PHILOSOPHY

Upper Arlington City School District

Administrative Guidelines

5530 - PREVENTION PROGRAM PHILOSOPHY

The philosophy of the District's Chemical Abuse Prevention Program reflects the District's mission to provide each student with an innovative and superior education that instills integrity and promotes personal achievement in an ever-changing society. The District's commitment to providing an atmosphere in which all students have the opportunity to achieve their academic and social potential includes efforts to provide a school environment that is free of illicit drug and alcohol use and possession. One important component of these efforts is promoting, through the District's curricula, activities, and programs, a clear message for students that the possession and use of illicit drugs, and the unlawful possession and use of alcohol, are wrong and harmful.

In keeping with all of the foregoing, the District provides a K - 12 Comprehensive Chemical Abuse Prevention Program. Emphasis in this age-appropriate developmentally based program is placed on alcohol and other drug education, prevention, intervention, and assistance in a manner that addresses the legal, social, and health consequences of alcohol and drug use and provides information about effective techniques for resisting peer pressure to use illicit drugs and alcohol. The Board believes that, in order to help students make appropriate health-lifestyle decisions, the schools' program efforts in this regard must develop interdependently with those of home and community.

General Disciplinary Code

Compliance with the standards of conduct in this rule is mandatory. Violations of this rule are cumulative within each of the following periods of academic life: (1) grades K through 5; (2) grades 6 through 8; and (3) grades 9 through 12. Disciplinary sanctions, up to and including expulsion, recommendation of permanent exclusion, and referral for prosecution, will be imposed for such violations in accordance with the following:

Alcohol, Any Illicit Drug, Unauthorized Prescribed or Prescribed-Controlled Substance, Counterfeit Controlled Substance, or Drug Paraphernalia

No possessing, purchasing, offering to purchase, using, applying, or being under the influence of alcohol, any illicit drug, unauthorized prescribed or prescribed-controlled substance, counterfeit controlled substance, or drug paraphernalia:

First Offense

			a.	If the student's presence poses a continuing danger to person or property or an ongoing threat of disrupting the academic process, a parent or guardian of the student will be notified of the incident and will be directed to remove the student from school pending a suspension hearing, which shall be held within three (3) school days of the order of removal. The principal (assistant principal) will notify the student and the student's parent or guardian in writing of an intent to suspend and will arrange a suspension hearing among the student, the student's parent or guardian and the principal or assistant principal.
			b.	If the student's presence does not pose a danger or threat of disruption as described in (1) above, then the principal will proceed to give the student a written notice of the intention to suspend and the reasons for the intended suspension. The principal will provide the student with an informal hearing to challenge the reason for the intended suspension or otherwise explain the student's actions.
			c.	The principal or designee will notify the school nurse and the appropriate counselor of the incident.
			d.	Law enforcement officials shall be notified when required by law.
			e.	The principal will suspend the student for ten (10) days* depending on the nature of the violation in compliance with all requirements of law, which suspension may be reduced at the discretion of the principal if the following occur: (1) the student is assessed; (2) the student agrees to follow any appropriate assistance or treatment; and (3) the chemical dependency professional by whom the student is assessed satisfactorily notifies the principal of the foregoing and any other reasonably pertinent information.
				* With respect to any of the suspension periods described in the District Chemical Abuse Prevention and Intervention/Discipline Program, a student shall be considered to have served two (2) school days of suspension for every blocked class missed and will be allowed to return to school to attend (only) those blocked classes after the suspension time has been served as defined herein.

Second Offense

			a.	If the student's presence poses a continuing danger to person or property or an ongoing threat of disrupting the academic process, a parent or guardian of the student will be notified of the incident and will be directed to remove the student from school pending a suspension hearing, which shall be held within three (3) school days of the order of removal. The principal will notify the student and the student's parent or guardian in writing of an intent to suspend and will arrange a suspension hearing among the student, the student's parent or guardian and the principal or assistant principal.
			b.	If the student's presence does not pose a danger or threat of disruption as described in (1) above, then the principal will proceed to give the student a written notice of the intention to suspend and the reasons for the intended suspension. The principal will provide the student with an informal hearing to challenge the reason for the intended suspension or otherwise explain the student's actions.
			c.	The principal will suspend the student for ten (10) days in compliance with all requirements of law.
			d.	The principal or designee will notify the school nurse and the appropriate counselor of the incident.
			e.	Law enforcement officials shall be notified when required by law.
			f.	The Superintendent will notify the student and the student's parent or guardian in writing of an intent to expel and will arrange an expulsion hearing to involve, when possible, the student, the student's parent or guardian and the Superintendent or designee.
			g.	The Superintendent will expel the student for the maximum period provided by law in compliance with all requirements thereof, and the student may also be recommended for permanent exclusion if and as permitted by law, provided that expulsion may be reduced to no less than a suspension of ten (10) days, and a determination may be made not to recommend for permanent exclusion, if the following occur: (1) the student is assessed; (2) the student agrees to follow any appropriate assistance or treatment; and (3) the chemical dependency professional by whom the student is assessed satisfactorily notifies the Superintendent of the foregoing and any other reasonably pertinent information.

Third Offense

			a.	If the student's presence poses a continuing danger to person or property or an ongoing threat of disrupting the academic process, a parent or guardian of the student will be notified of the incident and will be directed to remove the student from school pending a suspension hearing, which shall be held within three (3) school days of the order of removal. The principal will notify the student and the student's parent or guardian in writing of an intent to suspend and will arrange a suspension hearing among the student, the student's parent or guardian and the principal or assistant principal.
			b.	If the student's presence does not pose a danger or threat of disruption as described in (1) above, then the principal will proceed to give the student a written notice of the intention to suspend and the reasons for the intended suspension. The principal will provide the student with an informal hearing to challenge the reason for the intended suspension or otherwise explain the student's actions.
			c.	The principal will suspend the student for ten (10) days in compliance with all requirements of law.
			d.	The principal or designee will notify the school nurse and the appropriate counselor of the incident.
			e.	Law enforcement officials shall be notified when permitted by law.
			f.	The Superintendent will notify the student and student's parent or guardian in writing of intent to expel and will arrange an expulsion hearing to involve, when possible, the student, the student's parent or guardian and the Superintendent or designee.
			g.	The Superintendent will expel the student for the maximum period provided by law in compliance with all requirements thereof, and the student may also be recommended for permanent exclusion if and as permitted by law.

	B.	No selling, supplying, or transmitting, or offering to sell, supply, or transmit, alcohol, any illicit drug, unauthorized prescribed or prescribed-controlled substance, counterfeit controlled substance, counterfeit controlled substance device, or drug paraphernalia:
		A first incident shall be treated as a second offense under part 1b immediately above. A second incident of this kind shall be treated as a third offense under part 1c immediately above.

Athletic Code
Rules and Penalties

Four (4) Basic Rules for Student Athletes:

	#1	Follow the Rights and Responsibilities Handbook
	#2	Follow the Rules established by the Coach
	#3	No Tobacco
	#4	No Alcohol or Illegal Substances

A.	RULE #1

	1.	Follow the Rights and Responsibilities Handbook

		Student athletes while under the jurisdiction of the school are required to adhere to all provisions of the Student's Rights and Responsibilities Handbook. The principal or designee shall determine whether a student athlete has violated the Students' Rights and Responsibilities Handbook.

	2.	Penalties for violating Rule #1

		The student athlete will adhere to the penalties related to the violation as provided in the Students' Rights and Responsibilities Handbook.

B.	RULE #2

	1.	Follow the Rules Established by the Coach

		Student athletes must also adhere to all rules established by the coach(es) of athletics in which the student athlete participates.


	2.	Penalties for violating Rule #2

		For any alleged violation, the coach and school administration may direct an investigation and make any determination regarding the penalty. The coach and school administration shall have the right to remove a student athlete from immediate participation in any athletics under that coach's supervision if the student athlete's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the athletic team, athletic competition(s), school, travel on any school-provided transportation or any school-sponsored activity held on or off school property.

C.	RULE #3

	1.	No Tobacco

		Student athletes shall not use, purchase, offer to purchase or possess tobacco in any form.

	2.	Penalties for violating Rule #3

		a.	For the first offense, the student athlete must participate in an intervention and assistance program for tobacco use as directed by the administration. If the student athlete and/or the parent(s) or guardian(s) refuses to have the student athlete attend such a program, the student athlete cannot participate in any athletic activity for one (1) calendar year from the date of refusal/failure to participate.


		b.	For the second offense, the student athlete will lose ten percent (10%) of competition participation based on the number of regular season games and must participate in the following: (1) receive assessment; (2) attend an appropriate intervention and assistance program and/or receive any appropriate treatment; and (3) provide satisfactory proof of the foregoing and any other reasonably pertinent information to the principal or designee. If the student athlete and/or the parent(s) or guardian(s) refuses or fails to participate in the above requirements, the student athlete cannot participate in any athletic activity for one (1) calendar year from the date or refusal/failure to participate.

		c.	For the third and subsequent offenses, the student athlete will lose twenty percent (20%) of competition participation based on the number of regular season games and must participate in the following: (1) receive assessment; (2) attend any appropriate intervention and assistance program and/or receive any appropriate treatment; and (3) provide satisfactory proof of the foregoing and any other reasonably pertinent information to the principal or designee. If the student athlete and/or the parent(s) or guardian(s) refuses or fails to participate in the above requirements, the student athlete cannot participate in any athletic activity for one (1) calendar year from the date of the violation and the student athlete will be advised to attend further assessment and intervention.

D.	RULE #4

	1.	No Alcohol or Illegal Substances

		Student athletes shall not use, purchase, offer to purchase or possess the following substances:

		a.	Alcohol in any form;

		b.	Mind altering chemicals;

		c.	Build altering chemicals;


	d.	Drug paraphernalia; or

	e.	Counterfeit controlled substances.

2.	Penalties for violating Rule #4

	a.	For the first offense, the student athlete will lose ten percent (10%) of competition participation based on the number of regular season games and must participate in the following: (1) receive assessment; (2) attend an appropriate intervention and assistance program and/or receive any appropriate treatment; and (3) provide satisfactory proof of the foregoing and any other reasonably pertinent information to the principal or designee. If the student athlete and/or the parent(s) or guardian(s) refuses or fails to participate in the above requirements, the student athlete cannot participate in any athletic activity for one (1) calendar year from the date or refusal/failure to participate.

	b.	For the second offense, the student athlete will lose twenty percent (20%) of competition participation based on the number of regular season games and must participate in the following: (1) receive assessment; (2) attend an appropriate intervention and assistance program and/or receive any appropriate treatment; and (3) provide satisfactory proof of the foregoing and any other reasonably pertinent information to the principal or designee. If the student athlete and/or the parent(s) or guardian(s) refuses or fails to participate in the above requirements, the student athlete cannot participate in any athletic activity for one (1) calendar year from the date or refusal/failure to participate.


c.	For the third and subsequent offenses, the student athlete will not be permitted to participate in any athletic activity for a minimum of six (6) months and up to a maximum of one (1) calendar year from the date of the violation. The length of time the student athlete will be denied the right to participate will be determined by the building administrator. The student athlete will also be advised to attend further assessment and intervention.

	1)	For the purpose of cumulating violations of the Code, there shall be two (2) separate periods of academic life: (1) grades 7 through 8 and (2) grades 9 through 12. The first period will end the last official school day for grade 8; the second period will begin at the end of the first period and will end the last official school date for grade 12. Within each of these two (2) separate periods of academic life, violations of this Code shall be cumulative.

	2)	With respect to alleged violations of parts 3 and 4 under "Rules and Penalties," the principal or designee shall notify the student athlete and the student athlete's parent(s) or guardian(s) of any alleged violation. The principal or designee will investigate the alleged violation by contacting the student athlete, the student athlete's parent(s) or guardian(s) and any other individuals the principal or designee deems necessary in his/her discretion. The principal or designee shall determine the appropriate penalty as soon as reasonably possible after investigating the alleged violation.

	3)	The standard used to determine whether a student athlete has violated the Athletic Code will be the preponderance of evidence standard: the administrator making a determination about whether a student athlete has violated the Athletic Code will consider all evidence presented to him/her. The administrator will determine whether it is more probable than not that the student athlete has violated the Athletic Code.


4)	Notwithstanding the other provisions of the Code, the following shall be permitted:

	a)	A parent or guardian of a student athlete may serve alcohol as permitted by law to the student athlete;

	b)	A student athlete may observe bona fide religious practices;

	c)	The Athletic Council may modify penalties and provide conditions in its sole discretion where medical or psychological documentation has been presented which sufficiently demonstrates that penalties imposed under this Code will have extreme consequences for a student athlete's well being.

	d)	A student athlete may use build altering chemicals that have been medically prescribed for a purpose other than enhancement of athletic ability if (a) the athlete's pertinent medical records are made available for review by the Board's appointed physician and (b) that the physician confirms the proper purpose of such prescription.

For the student athlete to be eligible to be elected captain of an athletic team, s/he cannot have had an athletic code violation during the calendar year prior to the beginning of the season in which s/he is to serve. A student athlete currently serving or elected to serve as a team leader who has violated Rule 3 or 4 under "Requirements and Penalties" shall be immediately ineligible to serve in any athletic leadership position for the remainder of his/her academic life.

Extracurricular Code
Preamble

Participation in extracurricular activities is a privilege extended to all students who meet the eligibility requirements. One of the requirements is compliance with the Extracurricular Code which is supportive of the District's commitment to provide a drug-free atmosphere where all students have the opportunity to achieve their academic and social potential. To that end, extracurricular activities and programs promote and reinforce a clear no-use message for students.

Rules and Penalties

Five (5) Basic Rules for Student Participating in Extracurricular Activities:

	#1	Follow the Rights and Responsibilities Handbook
	#2	Follow the Rules established by the Advisor/Coach
	#3	No Tobacco
	#4	No Alcohol or Illegal Substances
	#5	Violations of the Extracurricular Code will lead to subsequent penalties for participation in extracurricular activities.

A.	Rule #1

	1.	Follow the Rights and Responsibilities Handbook

		Students while under the jurisdiction of the school are required to adhere to all provisions of the Students' Rights and Responsibilities Handbook. The principal or designee shall determine whether a student has violated the Students' Rights and Responsibilities Handbook.

	2.	Penalties for violating Rule #1

		The student will adhere to the penalties related to the violation as provided in the Students' Rights and Responsibilities Handbook.

B.	Rule #2

	1.	Follow the Rules Established by the Advisor/Coach

		Students must also adhere to all rules established by the advisor(s)/coach(es) in which the student participates.


	2.	Penalties for violating Rule #2

		For any alleged violation, the advisor/coach and school administration may direct an investigation and make any determination regarding the penalty. The advisor/coach and school administration shall have the right to remove a student from immediate participation in any activities under that advisor's/coach's supervision if the student's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the team, competition(s), school, travel on any school-provided transportation or any school-sponsored activity held on or off school property.

C.	Rule #3

	1.	No Tobacco

		Student shall not use, purchase, offer to purchase or possess tobacco in any form.

	2.	Penalties for violating Rule #3

		a.	For the first offense, the student must participate in an intervention and assistance program for tobacco use as directed by the administration. If the student and/or the parent(s) or guardian(s) refuses to have the student attend such a program, the student cannot participate in any activity for one (1) calendar year from the date of refusal/failure to participate.

		b.	For the second offense, the student will lose ten percent (10%) of competition participation based on the number of regular season games or activities and must participate in the following: (1) receive assessment; (2) attend an appropriate intervention and assistance program and/or receive any appropriate treatment; and (3) provide satisfactory proof of the foregoing and any other reasonably pertinent information to the principal or designee. If the student and/or the parent(s) or guardian(s) refuses or fails to participate in the above requirements, the student cannot participate in any extracurricular activity for one (1) calendar year from the date or refusal/failure to participate.


		c.	For the third and subsequent offenses, the student will lose twenty percent (20%) of competition participation based on the number or regular season games or activities and must participate in the following: (1) receive assessment; (2) attend any appropriate intervention and assistance program and/or receive any appropriate treatment; and (3) provide satisfactory proof of the foregoing and any other reasonably pertinent information to the principal or designee. If the student and/or the parent(s) or guardian(s) refuses or fails to participate in the above requirements, the student cannot participate in any extracurricular activity for one (1) calendar year from the date of the violation and the student will be advised to attend further assessment and intervention.

D.	RULE #4

	1.	No Alcohol or Illegal Substances

		Student shall not use, purchase, offer to purchase or possess the following substances:

		a.	Alcohol in any form;

		b.	Mind altering chemicals;

		c.	Build altering chemicals;

		d.	Drug paraphernalia; or

		e.	Counterfeit controlled substances.


2.	Penalties for violating Rule #4

	a.	For the first offense, the student will lose ten percent (10%) of competition participation based on the number of regular season games or activities and must participate in the following: (1) receive assessment; (2) attend an appropriate intervention and assistance program and/or receive any appropriate treatment; and (3) provide satisfactory proof of the foregoing and any other reasonably pertinent information to the principal or designee. If the student and/or the parent(s) or guardian(s) refuses or fails to participate in the above requirements, the student cannot participate in any extracurricular activity for one (1) calendar year from the date or refusal/failure to participate.

	b.	For the second offense, the student will lose twenty percent (20%) of competition participation based on the number or regular season games or activities and must participate in the following: (1) receive assessment; (2) attend an appropriate intervention and assistance program and/or receive any appropriate treatment; and (3) provide satisfactory proof of the foregoing and any other reasonably pertinent information to the principal or designee. If the student and/or the parent(s) or guardian(s) refuses or fails to participate in the above requirements, the student cannot participate in any extracurricular activity for one (1) calendar year form the date or refusal/failure to participate.


c.	For the third and subsequent offenses, the student will not be permitted to participate in any extracurricular activity for a minimum of six (6) months and up to a maximum of one (1) calendar year from the date of the violation. The length of time the student will be denied the right to participate will be determined by the building administrator. The student will also be advised to attend further assessment and intervention.

	1)	For the purpose of cumulating violations of the Code, there shall be two (2) separate periods of academic life: (1) grades 7 through 8 and (2) grades 9 through 12. The first period will end the last official school day for grade 8; the second period will begin at the end of the first period and will end the last official school date for grade 12. Within each of these two (2) separate periods of academic life, violations of this Code shall be cumulative.

	2)	With respect to alleged violations of parts 3 and 4 under "Rules and Penalties," the principal or designee shall notify the student and the student's parent(s) or guardian(s) of any alleged violation. The principal or designee will investigate the alleged violation by contacting the student, the student's parent(s) or guardian(s) and any other individuals the principal or designee deems necessary in his/her discretion. The principal or designee shall determine the appropriate penalty as soon as reasonably possible after investigating the alleged violation.

	3)	The standard used to determine whether a student has violated the Extracurricular Code will be the preponderance of evidence standard: the administrator making a determination about whether a student has violated the Extracurricular Code will consider all evidence presented to him/her. The administrator will determine whether it is more probable than not that the student athlete has violated the Extracurricular Code.


4)	Notwithstanding the other provisions of the Code, the following shall be permitted:

	a)	A parent or guardian of a student may serve alcohol as permitted by law to the student;

	b)	A student may observe bona fide religious practices;

	c)	The Administration may modify penalties and provide conditions in its sole discretion where medical or psychological documentation has been presented which sufficiently demonstrates that penalties imposed under this Code will have extreme consequences for a student's well being.

	d)	A student may use build altering chemicals that have been medically prescribed if (a) the student's pertinent medical records are made available for review by the Board's appointed physician and (b) that the physician confirms the proper purpose of such prescription.

A student currently serving or elected to serve as a team leader who has violated rule 3 or 4 under "Requirements and Penalties" shall be immediately ineligible to serve in any extracurricular activity leadership position for the remainder of his/her academic life.

Definitions of Terms Used in the Athletic and Extracurricular Codes

The following are definitions of words and phrases used in the Athletic and Extracurricular Codes.

	A.	"Assessment" means an assessment by a certified chemical dependency counselor (CCDC) outside of but approved by the District. The CCDC will make an estimate or judgement as to physical or psychological condition of the student.
	B.	"Athletic Council" means the governing body for athletics at the middle and high school level. The Athletic Council consists of the Superintendent, the two (2) middle school principals, the high school principal, the assistant high school principal for athletics, and other members designated by the Superintendent.
	C.	"Build altering chemicals" includes, without limitation, anabolic steroids, growth hormones, testosterone or its analogs, human chorionic gonadotropin (HCG), and other hormones.
	D.	"Calendar year" means the period of twelve (12) consecutive months.
	E.	"Competition or participation" i.e., games, matches, tournaments, meets, contests, performances, meetings, projects, etc., during the regular season in which the student is academically eligible and is physically able to participate. The percentage loss of "Competition or participation" will extend into the next activity/sport season in which the student participates, if s/he has not completed the penalty imposed.
	F.	"Unauthorized Prescribed and prescribed-controlled substance and counterfeit controlled substance" means any of the following:

		1.	A drug, it's container or label which bears a trademark, trade name, or other identifying mark used without authorization of the owner (manufacturer), or rights to its trademark, trade name, or identifying mark;
		2.	Any unmarked or unlabeled substance that is represented to be a controlled substance manufactured, processed, packaged, or distributed by a person other than the person that manufactured, processed, packaged, or distributed it;
		3.	Any substance that is represented to be a controlled substance but is not a controlled substance or is a different controlled substance.
		4.	Any substance other than a controlled substance that a reasonable person would believe to be a controlled substance because of its similarity in shape, size, and color, or its markings, labeling, packaging, distribution, or the price for which it is sold or offered for sale.

	G.	"Drug paraphernalia" includes, without limitations, items described in 21 United States Code Section 863, ORC Section 2925.14, or Upper Arlington Codified Ordinance Section 511.07.
	H.	"Intervention and Assistance Program" means help or aid secured from programs of the District, such as school-sponsored support groups, or programs approved by the District.
	I.	"Mind altering chemicals" includes, without limitation, narcotics, depressants, stimulants, hallucinogens, marijuana and prescription drugs, unless authorized by a medical prescription from a licensed physician. A student taking a prescription drug must do so in accordance with that prescription. The prescription must be kept in its original container which states the student's name and directions for proper use.
	J.	"Parent" means the student's parent, unless the rights of that parent have been restricted by court order or legal agreement, guardian, or legal custodian.
	K.	"Possess" means either (a) physical or actual control of alcohol, mind altering chemicals, build altering chemicals, tobacco, drug paraphernalia, unauthorized prescribed or prescribed-controlled substance, counterfeit controlled substance (e.g., on person, in a locker, in book bag, or in student's automobile); or (b) permitting other persons to possess alcohol, mind altering chemicals, build altering chemicals, drug paraphernalia, prescribed or prescribed-controlled substance, counterfeit controlled substances in locations (e.g., automobile, home, etc.) for which the student has responsibility.
	L.	"Student" for the purposes of the Extracurricular Code means any student who participates in any extracurricular activity. Once a student participates in an extracurricular activity, that student is a "student" for purposes of the extracurricular code for the remainder of the period of academic life the student is in at that time. There are two (2) separate periods of academic life: (1) grades 7 through 8 and (2) grades 9 through 12. The code is in effect for the entire period of the student's academic life.
	M.	"Student Athlete" means any student who participates on any athletic team. Once a student participates on an athletic team, that student is a "student athlete" for the remainder of the period of academic life the student is in at that time. There are two (2) separate periods of academic life: (1) grades 7 through 8 and (2) grades 9 through 12. The code is in effect for the entire period of the student athlete's academic life.
	N.	"Student Council Officer or Representative" means any student elected to serve on Student Council in grades 6 through 12. A student becomes a Student Council Officer or Representative on the date the election results are announced and continues to be such through the last school day of the year for which s/he was elected.
	O.	"Treatment" means a professional outside of the District applying remedies in order to cure or heal.
	P.	"Under the influence" means manifesting signs of chemical misuse, such as staggering, reddened eyes, odor of chemicals, nervousness, restlessness, memory loss, abusive language, falling asleep in class, or any other like behavior not normal for the particular student.

Employee Information, Responsibility, and Authority

All staff members in the District will be informed of their responsibility for reporting and liability for not reporting all violations of this rule to a building administrator. Staff will have the information and administrative procedures necessary to fulfill their responsibilities.

Administrators will follow the above-listed procedures and adhere to all requirements of law in suspending and expelling students or recommending their permanent exclusion. In order to protect the health or safety of its students and other individuals, the District reserves the right to file complaints in Franklin County Juvenile Court regarding any violations of this regulation, or otherwise make referrals for prosecution, in connection with any violations of the General Code set forth above.