Buffalo Academy Of Science Charter School

Code of Conduct

DISCIPLINE RULES AND DUE PROCESSES

 

  1. STUDENT DISCIPLINARY CODE

 

The Board of Trustees (the “Board”) of the Buffalo Academy of Science Charter School (the “School”) is committed to providing a safe and orderly school environment where students may receive and School personnel may deliver quality educational services without disruption or interference.  Responsible behavior by students, teachers, other School personnel, parents and other visitors is essential to achieving this goal.  The School has a long-standing set of expectations for conduct on school property and at school functions.  These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty and integrity. The Board recognizes the need to clearly define these expectations for acceptable conduct on school property, to identify the possible consequences of unacceptable conduct and to ensure that discipline, when necessary, is administered promptly and fairly.  To this end, the board adopts this student Disciplinary Code (the “Code”). 

 

  1. DEFINITIONS

 

For purposes of this Code:

 

“Short-term suspension” shall refer to the removal of a student from School for disciplinary reasons for a maximum of five days.

 

“Long-term suspension” shall refer to the removal of a student from school for disciplinary reasons for a period of more than five days.

 

“Expulsion” shall refer to the permanent removal of a student from School for disciplinary reasons.

 

“Parent” means parent, guardian or person in parental relation to a student.

 

“School property” means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of the School or on a school bus.  In certain cases, students may be disciplined for conduct occurring off-school property where the conduct at issue bears a relationship to the school, threatens the orderly operations of the schools, threatens another student’s ability to attend school or pursue his or her education, or has the potential to disrupt the educational environment. 

 

“School function” means any school-sponsored event or activity, including but not limited to extra‑curricular and athletic events.

 

“Violent student” means a student under the age of 21 who, on school property or at a school function:

  1. Commits an act of violence upon a school employee, or threatens or attempts to do so;
  2. Commits an act of violence upon another student or any other person lawfully on school property or at the school function, or threatens or attempts to do so;
  3. Possesses a Weapon;
  4. Displays a Weapon, or displays in a threatening way what appears to be a Weapon;
  5. Threatens, attempts to use and/or uses a Weapon;
  6. Threatens harm to a person or property;
  7. Knowingly and intentionally damages or destroys the personal property of a person; or
  8. Knowingly and intentionally damages or destroys school district property.

 

“Weapon” means a firearm as defined in 18 USC §921 for purposes of the Gun-Free Schools Act It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, knife, switchblade knife, gravity knife, brass knuckles, sling shot, metal knuckle knife, box cutter, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray or other noxious spray, explosive or incendiary bomb, or other device, instrument, material or substance that can cause physical injury or death when used to cause or in an effort to cause physical injury or death.  In all cases where a student possesses or uses a weapon, the Director will exercise discretion in determining the appropriate disciplinary penalty, based on the totality of the circumstances.

 

  1. PROHIBITED CONDUCT

 

Students are responsible for conducting themselves in an orderly manner in accordance with school policy and within the legal limits of the law.  The following behaviors will not be tolerated on school property or at school functions:

 

  1.  “Disorderly conduct,” which means endangerment or harassment, bullying, and intimidation of others or the willful disruption of the orderly conduct of classes, school program and/or school activities. Disorderly conduct can also occur off school premises and students will be disciplined for such conduct if it bears a reasonable relationship to the school, threatens the education mission or order of the school, interferes with another  student’s learning or ability to attend school, or disrupts the orderly operations of the school.  Examples of disorderly conduct include, but are not limited to, defaming, vandalism, running in hallways, making unreasonable noise, using language or gestures that are profane, lewd, vulgar or abusive, obstructing vehicular or pedestrian traffic,  engaging in any willful act which disrupts the normal operation of the school community, regardless of where the act occurs, trespassing, pulling a fire alarm, discharging a fire extinguisher, and/or calling 911 without cause, defaming, vandalizing, disrespecting and/or destroying school owned or contracted property,  or misusing computer/electronic communication devices.

 

  1.  “Insubordination,” which means failure or refusal to comply with the reasonable requests of an administrator, a teacher or a staff member. Examples of insubordinate conduct include, but are not limited to failing to comply with the lawful directions and/or responding to reasonable inquiries of teachers, school administrators or other school employees in charge of students or otherwise demonstrating disrespect, lateness for, missing or leaving school without permission, skipping detention or lying to school personnel.

 

  1.  “Physical aggression,” which includes assault, pushing, intimidating, or fighting.  Students that engage in two instances of fighting in one school year will be recommended by the Director for expulsion upon a finding of guilt for the second fighting incident.

 

  1.  Use of “unauthorized substances,” which means possession of paraphernalia for consuming (use) of alcohol, tobacco, and other substances (including vapor cigarettes and associated liquid substances; as well as synthetic marijuana, K2/Spice and Bath Salts), as well as the consuming (use), sharing, transmitting, buying and/or selling of substances (including the misuse of prescription medication).

 

  1.  “Hazing,” which includes any conduct or method of initiation into any student organization or school team, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or another person.

 

  1.  “Bullying,” which  means the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying, that (a) has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional or physical well-being; or (b) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or (c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or (d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach School property.

 

Acts of bullying shall include, but not be limited to, those acts based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.  

 

Bullying may be physical (hitting, kicking, spitting, taking personal belongings); verbal (taunting, malicious teasing, name calling); psychological (spreading rumors, manipulating social relationships, extortion, or intimidation).  It can be a single act or carried out repeatedly over time. 

 

The School’s Dignity Act Coordinator is Brittny Collins (the “Coordinator”).  Students or Parents who wish to make a complaint of bullying may make a verbal or written complaint to the Coordinator.  The Coordinator’s e-mail address is: collins@bascs.org.  The Coordinator’s telephone number is 716-854-2490.

 

  1.  "Harassment" means creating a hostile environment by conduct or verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being.

 

  1.  “Sexual harassment” includes inappropriate visual, verbal or physical conduct directed by an adult to an adult, an adult to a student, a student to an adult or a student to a student. Four elements of sexually harassing conduct: (1) Sexual in nature or gender based; (2) Unwanted or unwelcome; (3) Severe, persistent or pervasive or (4) Interferes with ability to do work, learn or study.

 

  1.  “Disruptive materials” includes distribution of or wearing materials on school grounds or at school functions that are obscene, inflammatory, advocate illegal action, appear libelous, obstruct the rights of others, or are disruptive to the school program.

 

  1.  “Discrimination” means to intimidate, harass, or discriminate against any person on the basis of the individual’s perceived or actual race, color, weight, nationality, religion, religious practice, age, sex, sexual orientation, disability or any other protected characteristic.  

 

  1. “Cyber violations” include inappropriate and/or unauthorized use of technology (i.e., personal electronic devices such as MP3 devices or cell phones; computers; cameras; video and/or audio taping equipment; software; etc.) and/or the Internet to engage in behaviors including, but not limited to, bullying, intimidating, threatening, harassing, maligning and/or defaming others, accessing websites for non-academic purposes (e.g., social networking; media downloads, etc.), as well as use of unauthorized proxies or “tunneling”. 

 

  1. Endangering the safety, morals or welfare of others.  Examples of such conduct include, but are not limited to: Stealing or assisting in the theft of school property or the property of other students, school personnel or any other person lawfully on school property or attending a school function, acts of sexual harassment as defined in the school’s sexual harassment policy and/or engaging in sexual acts while on school property or attending school functions, buying, selling, using, possessing or distributing obscene material, possessing, distributing or smoking, possessing, consuming, buying (including “intent” to purchase), selling, distributing or exchanging alcoholic beverages or illegal substances, or being under the influence of either; Inappropriately using or sharing prescription and over-the-counter drugs; Possessing paraphernalia used in connection with cigarettes, alcoholic beverages, unauthorized substances, prescription drugs and over-the-counter medications; Gambling; Making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them; Behaving in a manner, either on school property or at a school-sponsored function that discriminates against a student based upon a protected characteristic; Engaging in harassment and/or intimidation.

 

  1.  Academic misconduct.  Examples include, but are not limited to plagiarism, cheating, copying, altering records, as further defined in this Student-Parent Handbook.

 

  1. Conduct that is physically or verbally violent or disruptive. Examples of physically violent or disruptive conduct include, but are not limited to threatening and/or committing an act of violence (such as hitting, kicking, biting, punching, and scratching) upon a teacher, administrator, student, or other school employee, possessing a weapon, displaying what appears to be a weapon, threatening to use any weapon against any student, teacher, or school personnel, intentionally defacing, , damaging or destroying the personal property of a teacher, administrator, other district employee or any person lawfully on school property, or at a school function, including graffiti or arson; intentionally defacing, vandalizing, damaging or destroying school property; bullying, harassment, discrimination, or cyberbullying,

 

The Director may impose disciplinary penalties, including suspensions or expulsion, for any of the foregoing misconduct.  

 

 

  1. SUSPENSIONS

 

Suspensions for Five (5) School Days or Less

 

The Director of the School shall have the power to suspend a student for a period not to exceed five (5) school days if the Director believes the student’s conduct warrants  such a suspension.  Such discipline may be imposed for one single act or for repeated minor infractions which, in the aggregate, warrant suspension, in the Director’s discretion.  In all cases, the Director may decide that an exception to the usual suspension practices is warranted, based on the totality of the incident, circumstances, and the student’s past disciplinary record.  In addition to suspension, the Director may impose any other penalties mentioned in this Code.

 

When Director proposes to suspend a student for five (5) school days or less, the School shall provide the student with notice of the charged misconduct. If the student denies the misconduct, the School shall provide an explanation of the basis for the suspension. The School will also immediately notify the Parent in writing that the student may be suspended from school.

 

Written notice to the Student and/or Parent shall be provided by personal delivery, express mail delivery, or equivalent means reasonably calculated to assure receipt of such notice within twenty-four (24) hours of the decision to propose suspension at the last known address or addresses of the Parents.  Where possible, notification shall also be provided by telephone if the School has been provided with a telephone number(s) for the purpose of contacting the Parent.

 

The notice shall provide a description of the incident(s) for which suspension is proposed and shall inform the student and the Parent of their right to request an immediate informal conference with the Director.  Both the notice and the informal conference shall be in the dominant language or mode of communication used by the Parent.  At the informal conference, the student and/or Parent shall be authorized to present the student's version of the event and to ask questions of the complaining witnesses.

 

The Director’s decision to impose a short-term suspension may be appealed to the Board or further in accordance with Education Law 2855(4).

 

Suspensions for More than Five (5) School Days

 

The Director of the School shall have the power to suspend a student for more than five (5) school days if the Director believes the student’s conduct warrants such a suspension.  In all cases, the Director may decide that an exception to the usual suspension practices is warranted, based on the totality of the incident, circumstances, and the student’s past disciplinary record.  In addition to suspension, the Director may impose any other penalties mentioned in this Code.

 

In situations where the Director determines that a suspension in excess of five (5) school days may be warranted, the student and Parent, upon reasonable notice, shall have an opportunity for a fair hearing before the Director.  A suspension of five days or more may be imposed only after the student has been found guilty at a formal suspension hearing.  Upon determining that a student’s action warrants a possible long-term suspension, the director shall verbally inform the student that he or she is being suspended and is being considered for a long-term suspension (or expulsion) and state the reasons for such actions.  The director also shall immediately notify the student’s parent(s) or guardian(s) in writing.  Written notice shall be provided by personal delivery, express mail delivery, or equivalent means reasonably calculated to assure receipt of such notice within 24 hours of suspension at the last known address.  Where possible, notification also shall be provided by telephone if the school has been provided with a contact telephone number for the parent(s) or guardian(s).  Such notice shall provide a description of the incident or incidents, which resulted in the suspension and shall indicate that a formal hearing will be held on the matter, which may result in a long-term suspension (or expulsion).  The notification provided shall be in the dominant language used by the parent(s) or guardian(s).  At the formal hearing, the student shall have the right to be represented by counsel, question witnesses, and present evidence.

 

If the Director has initiated the suspension proceeding, the Director shall personally hear and determine the proceeding or may, in his discretion, designate a hearing officer to conduct the hearing.  The hearing officer’s report shall be advisory only and the director may accept or reject all or part of it.  The director’s decision after the formal hearing to impose a long-term suspension or expulsion may be appealed to the Board or further pursuant to Education Law 2855(4).

 

Where the basis for the suspension is, in whole or in part, the possession on school grounds or school property by the student of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, stiletto or any of the weapons, instruments or appliances specified in Penal Law Section 265.01, the Director shall not be barred from considering the admissibility of such weapon, instrument or appliance as evidence, notwithstanding a determination by a court in a criminal or juvenile delinquency proceeding that the recovery of such weapon, instrument or appliance was the result of an unlawful search or seizure.

 

Consistent with the federal Gun-Free Schools Act, any student who is  determined to have brought a firearm to school or possessed a firearm on school premises shall be suspended for a period of not less than one (1) calendar year. However, the Director has the authority to modify this suspension requirement on a case-by-case basis.                                                                                     

 

The Director shall refer a student under the age of 16 who has been determined to have brought a weapon or firearm to school to a presentment agency for a juvenile delinquency proceeding consistent with Article 3 of the Family Court Act, except a student 14 or 15 years of age who qualifies for juvenile offender status under Criminal Procedure Law § 1.20(42).  The head of school shall refer any pupil 16 years of age or older or a student 14 or 15 years of age who qualifies for juvenile offender status under Criminal Procedure Law § 1.20(42), who has been determined to have brought a weapon or firearm to school to the appropriate law enforcement officials.

 

  1. ADDITIONAL DISCIPLINARY MEASURES

 

The disciplinary measures listed below may be imposed in addition to short-term or long-term suspensions or, if an exception has been made by the director to the imposition of a minimum suspension, in place of such suspension.  Behavior not listed in Part A or Part B of this Code but determined by appropriate school staff to warrant disciplinary action, including but not limited to missing classes without permission and arriving late to class without a reasonable excuse, also may be subject to these additional disciplinary measures.

 

In-school suspensions and suspensions of transportation may be imposed by the director or dean of students.  All other disciplinary measures may be imposed by the director or a teacher, who must inform the director of such action within a reasonable time.

 

Behavioral Contract

 

School staff may design written agreements with students subject to punishment under this code to identify target behaviors, define expectations, and describe consequences, provided that the affected student and his or her parent(s) or guardian(s) are informed that the decision to enter into such a contract is voluntary.  Any student on a behavioral contract will be closely monitored monthly for progress at which time the contract may become void pending appropriate behavior.

 

Loss of School Privileges

 

After notice to the student and parent(s) or guardian(s), a student may be suspended from participation in any or all extracurricular activities.  The student and parent(s) or guardian(s) shall be given an opportunity to meet informally with the director or teacher involved.  If possible, the director or teacher involved shall hold any requested meeting prior to imposing the suspension from participation in extracurricular activities.

 

Suspension from School Transportation

 

As the result of misconduct occurring on a bus or other student transportation, and after notice to the student and his or her parent(s) or guardian(s), a student may be suspended from school transportation.  When such action amounts to a suspension from attending school because of the distance between home and school and the unavailability of alternative public or private transportation, the school will make appropriate arrangements for the student’s education.

 

Responses to Violations of the Dignity for All Students Act

 

Appropriate remedial measures for violations of the Dignity for all Students Act may include, but are not limited to:

 

  1. peer support groups;
  2. assignment of an adult mentor at school that the student checks in with at the beginning and end of each school day;
  3. corrective instruction that reemphasizes behavioral expectations or other relevant learning or service experience;
  4. engagement of student in a reflective activity, such as writing an essay about the misbehavior and its impact on others and how the student might handle the situation differently in the future and/or make amends to those who have been harmed;
  5. supportive intervention and/or mediation where constructive conflict resolution is modeled;
  6. behavioral assessment or evaluation;
  7. behavioral management plans or behavior contracts, with benchmarks that are closely monitored; and/or
  8. student counseling and parent conferences that focus on involving persons in parental relation in discipline issues.

In imposing any discipline for violations of the Dignity for all Students Act, the Director will consider measured, balanced and age-appropriate responses, with remedies and procedures following a progressive model that makes appropriate use of intervention, discipline and education.  Methods and responses for handling instances of harassment, discrimination, or bullying with vary, according to the nature of the behavior, the developmental age of the student, and the student’s history of problem behaviors.  In all cases, the School’s responses shall be reasonably calculated to end the harassment, bullying and/or discrimination, prevent recurrence, and eliminate the hostile environment. 

 

  1. PROVISION OF SERVICES DURING SUSPENSION OR REMOVAL

 

As may be required by law, the School will ensure that alternative educational services are provided to a student who has been suspended or removed to help that student progress in the school’s general curriculum.  Students who have been expelled will be provided alternative instruction in like manner as a suspended student until the student enrolls in another school or until the end of the school year, whichever comes first.  All students with a disability who are of compulsory attendance age must receive a minimum of 10 hours per week of instruction during the first ten days of suspension by certified personnel.  

 

Alternative instruction will be provided to students suspended or expelled in a way that best suits the needs of the student on a case-by-case basis.  Instruction for such students shall be sufficient to enable the student to make adequate academic progress, and shall provide them the opportunity to complete the assignments, learn the curriculum and participate in assessments.  Instruction will take place in one of the following locations: the child’s home, a contracted facility (e.g., in the school district of location), or a suspension room at the charter school.  Instruction will be provided by one or more of the following individuals in consultation with the student’s teacher(s):  teacher aides or trained volunteers, individuals within a contracted facility, or a tutor hired for this purpose.

 

  1. DISCIPLINE PROCEDURES FOR SPECIAL EDUCATION STUDENTS

 

Generally, should a student with a disability infringe violate the School rules, disciplinary action shall be in accordance with procedures set forth in the Code and in conjunction with applicable federal and State law and the determination of the Committee on Special Education (CSE). 

 

Suspension of Students that are Classified as Disabled

 

Suspensions or Removals for Ten Days or Less.  For students who are classified or have known disabilities, for suspensions or removals up to ten (10) school days in a school year that do not constitute a disciplinary change in placement, students with disabilities will be provided with alternative instruction or services on the same basis as non-disabled students of the same age. 

 

During the suspension or removal, the School will ensure that the affected student receives all classroom assignments and a schedule to complete such assignments during the time of his or her suspension.  Provisions will be made to permit a suspended student to make up assignments or tests missed as a result of such suspension.  The School will also provide additional alternative instruction and appropriate means to assist the student, so that the student is given full opportunity to complete assignments and master the curriculum, including additional instructions, phone assistance, computer instruction and/or home visits and one on one tutoring.

 

Suspensions or Removals for More than Ten Days.  If a student identified as having a disability is suspended during the course of the school year for a total of eight (8) days, such student will be immediately referred to the CSE of the student’s district of residence for reconsideration of the student’s educational placement.  Such a student shall not be suspended for a total of more than 10 days during the school year without the specific involvement of the CSE of the student’s district of residence because such suspensions may be considered to be a change in placement. In considering the placement of student referred because of disciplinary problems, the CSE of the student’s district of residence is expected to follow its ordinary policies with respect to parental notification and involvement.  If suspension or removal from the current educational placement constitutes a disciplinary change in placement because it is for more than ten (10) consecutive school days or constitutes a pattern, a manifestation determination will be made by the school district of residence. 

 

If it is determined that the student's behavior is not a manifestation of his/her disability, the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner and for the same duration for which they would be applied to students without disabilities, subject to the right to request a hearing objecting to the manifestation determination and the School’s obligation to provide a free, appropriate public education to such student.

 

Regardless of the manifestation determination, students with a disability shall be provided the services necessary for them to continue to participate in the general education curriculum and progress toward meeting the goals set out in their IEP.  They will also receive, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications designed to address the behavior violation so it does not recur:

 

  1. a)    For subsequent suspensions or removals for ten (10) consecutive school days or less that in the aggregate total more than ten (10) school days in a school year but do not constitute a disciplinary change of placement school personnel, in consultation with at least one of the student's teachers, will determine the extent to which services are needed;

 

  1. b)    For suspensions or other disciplinary removals in excess of ten (10) school days in a school year which do constitute a disciplinary change in placement, services will be determined by the CSE.

 

These service determinations will be made by the CSE of the student’s district of residence. 

 

Suspension of Students Presumed to have a Disability

 

The parent of a student who has violated any rule or code of conduct of the School and who was not identified as a student with a disability at the time of such behavior may assert several protections provided for under the Individuals with Disabilities Education Act (IDEA) and State regulations if the District is deemed to have had knowledge (as determined in accordance with law and/or regulations and referenced below) that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.

 

The School shall be deemed to have knowledge that the student had a disability if prior to the time the behavior occurred: (a) The Parent has expressed concern in writing to supervisory or administrative personnel, or to a teacher of the student, that the student is in need of special education and related services. However, expressions of concern may be oral if the parent does not know how to write or has a disability that prevents a written statement; (b) The Parent has made a written request for an evaluation of the student by the Committee on Special Education; or (c) A teacher of the student, or other School personnel, has expressed specific concerns about a pattern of behavior demonstrated by the student to the CSE or other supervisory personnel of the School.

 

A student is not a student presumed to have a disability for discipline purposes if, as a result of receiving the information specified above: (a) The parent of the student has not allowed an evaluation of the student pursuant to law and/or regulations; (b) The parent of the student has refused services under law and/or regulations; or (c) The student has been evaluated and it was determined that the student is not a student with a disability.

 

If it is claimed by the Parent or by School personnel that the School had a basis for knowledge, in accordance with law and/or regulation, that the student was a student with a disability prior to the time the behavior subject to disciplinary action occurred, it shall be the responsibility of the Director to determine whether the student is a student presumed to have a disability.

 

If it is determined that there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other non-disabled student who engaged in comparable behaviors.

 

However, if a request for an individual evaluation by the Committee on Special Education is made during the time period in which such non-disabled student is subjected to a disciplinary removal, the district of residence will conduct an expedited evaluation in accordance with law and/or regulations. Pending the results of the evaluation, the student shall remain in the educational placement determined by the district of residence.

 

If the student is determined to be a student with a disability, taking into consideration information from the evaluation and information provided by the parents, the School shall provide special education and related services in accordance with law and/or regulations.

 

CSE Meetings

 

Meetings of the CSE of the student’s district of residence to either develop a behavioral assessment plan or, if the child has one, to review such plan are required when (1) the child is first removed from his or her current placement for more than 10 school days in a school year; (2) when commencing a removal which constitutes a change in placement; or (3) as otherwise required by federal or State law.

 

Subsequently, if other removals occur which do not constitute a change in placement, the school will work with the CSE of the student’s district of residence to review the child’s assessment plan and its implementation to determine if modifications are necessary.  If one or more members of the CSE of the student’s district of residence believe that modifications are needed, then the CSE is expected to meet to modify the plan and/or its implementation.

 

Records of Student Discipline

 

The School will maintain written records of all suspensions and expulsions including the name of the student, a description of the behavior engaged in, the disciplinary action taken, and a record of the number of days a student has been suspended or removed for disciplinary reasons.

 

 

  1. MAINTENANCE OF PUBLIC ORDER ON SCHOOL PROPERTY

 

The following rules shall govern the conduct of students, teachers, staff, licensees, invitees, and other persons, whether or not their presence is authorized, on all property or facilities operated under the auspices of the School.

 

These rules and penalties are not to be considered exclusive or to preclude in any way the prosecution and conviction of any person for the violation of any federal, State or local law, rule, regulation or ordinance, or the imposition of a fine or penalty provided for therein.  Additionally, these rules and regulations should not be construed to limit, but rather exist in conjunction with any other codes of conduct established for the school, such as a disciplinary code and/or a bill of student rights and responsibilities.

 

  1. PROHIBITED CONDUCT

 

No person, either individually or in concert with another person, shall:

 

  • Willfully cause physical injury to any other person, or threaten to use force which would result in such injury.
  • Physically restrain or detain any other person, nor remove such person from any place where he or she is authorized to remain, except as necessary to maintain the established educational process.
  • Willfully damage or destroy school property, nor remove or use such property without authorization.
  • Without permission, express or implied, enter into any private office or classroom of an administrative officer, teacher, or staff member.
  • Enter or remain in any building or facility for any purpose other than its authorized use or in such a manner as to obstruct its authorized use by others.
  • Without authorization, remain in any building or facility after it is normally closed, nor without permission enter any building or facility prior to its normal opening.
  • Refuse to leave any building or facility after being required to do so by the director or an authorized administrative officer or his or her designee.
  • Willfully obstruct or interfere with the free movement of persons and vehicles.
  • Deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures, and meetings or deliberately interfere with the freedom of any person to express his or her views, unless such disruption is necessary to maintain order of the educational process.
  • Possess on school property any rifle, shotgun, pistol, revolver, knife, chain, club or other weapon, whether or not the person has a license to possess such weapon.  Further, it is the duty of the Director to inform the police of the presence or use of any such weapon or implements used as weapons on school property.
  • Commit acts that threaten the safety and welfare of persons on school property.
  • Violate any Federal or State statute or regulation, local ordinance or school policy.
  • Possess, use or distribute alcohol, tobacco, drugs or drug paraphernalia.
  • Refuse or fail to comply with a lawful order or direction of a school official in the performance of his or her duty.
  • Distribute or post on school property any written material, pamphlets or posters without the prior approval of the director.
  • Engage in bullying behavior on school property or at school functions, which includes: (1) threatening, stalking or seeking to coerce or compel a person to do something; (2) intentionally placing or attempting to place another person in fear of imminent physical injury; (3) engaging in verbal or physical conduct that threatens another with harm, including intimidation through the use of epithets or slurs involving race, ethnicity, national origin, religion, religious practices, gender, sexual orientation, age or disability.
  • Engage in cyberbullying or the use of information technology to deliberately harass, threaten or intimidate others (this includes all social media such as Facebook, Instagram, Kik, etc.)
  • Use of information technology, cellular phones or other technological devices to send or forward harassing, intimidating, threatening or sexually suggestive messages or photographs.
  • Engage in harassment, whether in person or through the use of technology, involving race, ethnicity, national origin, religion, religious practices, gender, sexual orientation, age or disability.

 

  1. PENALTIES AND ENFORCEMENT

 

Penalties for violations of these rules include, but are not limited to:

 

  • The withdrawal of authorization to remain upon school property.
  • Ejection.
  • Arrest.
  • For students, suspension or other disciplinary action and for school employees, dismissal or other disciplinary action.

 

Staff members are required to report known violations of these rules to the director and to make reasonable efforts to stop the prohibited conduct.  The Director is responsible for the enforcement of these rules.