• Guidelines in this section are taken directly from WS/FCS.  In some cases, Atkins rules may be more restrictive.

    Guidelines for Discipline - AR 5131 Summary 2013-2014
    To view the full AR 5131 Policy, please follow the link to the NCSBA Legal / Policy Services.
    Discipline Summary
     
    WS/FCS Student Behavior and Code of Student Conduct
     

    Prohibited Behavior.  Every student has the right to be free from fear, harm, and violence at school, on the school bus and at school-related activities. In order to preserve this right, the Board authorizes the Superintendent to create a Code of Student Conduct that sets out specific consequences for students violating the following rules:

     

    1.   Students shall obey Board of Education policies, administrative regulations, school rules, and classroom rules.

     

    2.   Students shall comply with all lawful directions of Principals, teachers, substitute teachers, teacher assistants, bus drivers, and other school personnel who are authorized to give such directions.

     

    3.   Students shall not assault, hit, kick, punch, fight, intentionally harm or threaten to harm another person.

     

    4.   A student shall not incite or instigate a fight, assault or riot. The terms “incite” and “instigate” mean to urge or direct others by words or actions to engage in a fight, assault or riot. A student commits this offense by actively urging or directing others to take part in the prohibited behavior or by causing or instigating the prohibited behavior to occur. Students committing this offense should be disciplined in the same manner as those students actually engaging in the fight, assault or riot.

     

    5.   A student shall not aid or assist another student to violate any Board Policy, administrative regulation or local school rule. A student is guilty of this offense if he/she knowingly advises, induces, encourages, aids or assists another student to commit an offense OR shares in the purpose of the act (to commit the offense) and aids or is in a position to aid the other student when the offense is committed. A student committing this offense may be disciplined in the same manner as those students actively committing the offense.

     

    6.   A student should avoid a fight by walking away from a threatened conflict and/or reporting the other student’s threats to a teacher or other school employee. A student may, in a defensive manner, restrain the other student or block punches, kicks etc. but if the student retaliates by kicking, hitting, striking, etc. the other student, that action is considered fighting.

     

    7. A student shall not participate in an affray.  An affray is a fight between more than two people which causes a large public disturbance. Examples of an affray are fights involving multiple students in the school cafeteria or at an athletic event. A person who commits an affray may be guilty of a misdemeanor.

     

    8.   Students shall not take the property of another person or the school without permission. Theft, larceny, robbery and extortion are forbidden. Students shall not knowingly sell stolen items at school.

     

    9.   Students shall not engage in extortion. Extortion is the act of securing money, favors, or other things of value from another person through blackmail, abuse of authority, or intimidation.

     

    10. Students shall not intentionally vandalize, scratch, mark, or damage the property of the school or any person at the school.

     

    11. Students shall adhere to their school’s dress code.  At a minimum, the following dress or appearance is prohibited:

     

    a. Clothing that contains advertisements for tobacco, alcohol or drugs; pictures or graphics of nudity; words that are profane, lewd, vulgar, or indecent;

    b. Halter or bare midriff tops, or bare midriffs;

    c. Spaghetti straps or tank tops;

    d. Strapless shirts or tube tops;

    e. Bare feet;

    f.  Short shorts or skirts;

    g. Pants,slacks or jeans that sag below waist; and

    h. Hats, caps, bandanas, or garments which cover the student’s face or conceal the student’s identity.

    i.  Underpants or bras showing or worn as outerwear;

    j.  Provocative, revealing attire that exposes cleavage; and

    k. Any symbols, styles or attire frequently associated with gangs, intimidation, violence or violent groups about which students at a particular school have been notified as described in AR 5131.4.

     

    12. Students shall not bring to, or have on school property or at any school-related activity, any weapon, or explosive of any kind, including, but not limited to any BB gun, stun gun, air rifle, air pistol, knife, dirk, dagger, slingshot, leaded cane, blackjack, metallic knuckles, razors and razor blades, destructive devices, firearms, and firecrackers, or any look-a-like weapon, including but not limited to, plastic guns, water pistols, and rubber knives, or use any weapon or look-a-like weapon to harm or threaten to harm another person.Students shall not bring to, or have on school property or at any school related activity any other item which may be used as a weapon, such as a saw or unaltered nail file, unless such item is being used for a school-related project or activity.  (See also AR5131.7, Reporting Prohibited Relationships with Students and Other Criminal Acts.)

     

    13. Students shall not use an aerosol spray can, bottle or other type container as a weapon to threaten to injure, to injure, harm, harass or annoy any other person or to disrupt class or any school program or activity.

     

    14. Students shall not start fires or ignite explosives or threaten to do so. 

     

    15. Students shall not wrongfully break and/or enter into school buildings, school buses, classrooms, storerooms, or lockers.

     

    16. Students shall not trespass on school grounds when told not to do so by authorized school personnel. During the term of assignment to an alternative school, students are prohibited from being present on any WS/FCS campus or at any school-sponsored event other than the campus of the alternative school to which the students are assigned. During the term of a suspension or expulsion, students are prohibited from being present on any WS/FCS campus or at any school-sponsored event.

     

    17. Students shall not engage in a disorderly conduct. Disorderly conduct is defined in N.C. Gen. Stat. §14-288.4 as intentionally creating a public disturbance that disrupts, disturbs or interferes with the teaching of students at any public or private educational institution or engaging in conduct which disturbs the peace, order or discipline on a school bus, at any public or private educational institution or on the grounds adjacent thereto.

     

    18. Students shall not possess, use, give away, attempt to sell or purchase, or be under the influence of any illegal narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, malt beverage (including beer and other malt beverages that contain less than .5 of one percent of alcohol), wine, alcoholic beverage, or any other controlled substance as defined by North Carolina law.  Students shall not possess, use, giveaway, attempt to sell or purchase a counterfeit substance such as those described in this paragraph, or an otherwise legal substance that is intended to mimic the effects of one of the substances described in this paragraph.  (See policy 5131.6, Student Behavior –Drugs and Alcohol.)

     

    19. Students shall not insert a foreign substance in the food or drink of another person with the intent of injuring or harming the other person or causing an adverse reaction including but not limited to, hallucinations, sleep, or euphoria. Students shall not knowingly bring containers of urine or any other bodily fluid or substance to school unless required for an academic or other required assignment or activity.

     

    20. Students may not possess, display or use tobacco products at any time in any building,facility, or vehicle owned, leased, rented or chartered by the Board or a school, on any school grounds and property, including athletic fields and parking lots, owned, leased, rented or chartered by the Board, or at any school-sponsored or school-related event on-campus or off-campus.

     

    21. Students shall not possess drug or chemical paraphernalia at any time in any building,facility, or vehicle owned, leased, rented or chartered by the Board or a school, on any school grounds and property, including athletic fields and parking lots, owned, leased, rented or chartered by the Board, or at any school-sponsored or school-related event on-campus or off-campus.  (See policy 5131.6, Student Behavior –Drugs and Alcohol.)

     

    22. Students shall not park motor vehicles on campus in student parking areas unless allowed by Policy 5131.3, Parking on School Grounds.  Parking privileges may be revoked for violation of the Code of Student Conduct.

     

    23. Students shall not engage in sexual or intimate conduct at school, on the school bus or school-related activities, including but not limited to: taking or attempting to take immoral or indecent liberties with another student, exposing private body parts (genitals, buttocks and/or female breasts) or engaging in consensual sexual misconduct or engaging in inappropriate public displays of affection including but not limited to, prolonged hugging or embracing, kissing, petting, and/or making out.

     

    24. Students shall not gamble; they shall not possess and/or use playing cards unless approved by a teacher or school officials for an educational purpose.

     

    25. Students shall not use or possess electronic devices such as MP3/4 players, portable radios, recording devices, tape/CD/DVD/MP3 players, digital cameras, laser pens, or other similar electronic equipment in school during regular school hours except as approved by a Principal or his designee. Students shall not use any type of electronic device on school property or during a school activity, whether on or off school property, for the purpose of immoral or pornographic activities, including, but not limited to, sexting. Sexting shall be defined as the sending, taking, disseminating, transferring, sharing, or receiving of obscene, pornographic, lewd, indecent, or otherwise sexually explicit messages, photographs or images on or by electronic devices. 

     

    26. Students shall not possess a portable communication device of any kind, including, but not limited to, a cellular telephone, at any school that has expressly prohibited such items. 

     

    27. If schools allow students to possess a portable communication device of any type, including but not limited to, a cellular telephone, students shall not use or display such devices during regular school hours except as approved by a Principal or his designee. “Regular school hours” means from the beginning of the student instructional day to the end of the student instructional day.

     

    28. If a portable communication device rings¸ vibrates or is otherwise used or in use during class or instruction without permission from the Principal or his designee, it may be confiscated and the student may be denied the privilege of possessing a communication device at school for up to the remainder of the school year. The confiscated device shall be returned to the student’s parent/guardian.

     

    29. If a school administrator has reasonable suspicion a device has been used to violate the Code of Student Conduct, the school administrator may search the device for evidence of such misconduct.

     

    30. By virtue of the ringing, vibration, or other evidence of use of a portable communication device during regular school hours in contravention of this Policy, the owner of the device thereby consents to the search of such portable communication device by a school administrator.

     

    31. Student sand their parent(s)/guardian(s) are solely responsible for any loss or damage to their portable radio, tape recorders, tape/CD/DVD/MP3 players, cell phone or any other similar electronic equipment in school while it is in their care, custody or control. WS/FCS accepts no responsibility for theft, loss or damage to a student’s personal electronic equipment.

     

    32. Commercial solicitation of or by students is prohibited on school grounds or at school-sponsored events. Charitable solicitation of students is permitted subject to the provisions of Policy 1324.

     

    33. Students shall not engage in hazing. Hazing is defined in state law as to subject another student to physical injury as part of an initiation, or as a prerequisite to membership, into any organized school group, including any society, athletic team, fraternity or sorority, or other similar group.

     

    34. Students shall not engage in gang activity as described in AR 5131.4.

     

    35. Students shall not litter or loiter on school property.

     

    36. Students shall not make false statements to teachers and school officials or forge a signature on any papers or documents.

     

    37. Students shall not make or publish false statements on the internet, by Fax or by any other means of communication that defame the character or reputation of a school employee or student. While students have a constitutional right to criticize school personnel or students, that right does not include making false statements accusing school personnel or students of engaging in criminal or immoral acts that are intended to injure, harass and/or harm an individual.

     

    38. Students shall not download to or otherwise place upon a computer owned and/or maintained by the school or school system any software or computer program which enables the student and/or others to load content or programs to school system computers which would otherwise be prohibited by school system policy.Students are not to download software or programs or view content prohibited by AR 6161.1.

     

    39. Due to the risk or injury to the student and others, students shall not ride a skateboard, roller skate or in-line skate on school property, unless approved in advance by the Principal or designee as a school sponsored program or activity.

     

    40. Students shall not skip/leave class or school without permission.

     

    41. Students shall not knowingly make a false report to law enforcement (i.e. a false 911 call).

     

    42. Students shall not make a bomb threats or a false fire alarm.

     

    43. Students shall not make terrorist threats. A student violates this rule when he or she:

     

    a. By any means of communication to any person or group of persons, makes a report, knowing or having reason to know the report is false, that there is located on educational property or at a school-sponsored curricular or extracurricular activity off educational property any device, substance, or material designed to cause harmful or life-threatening illness or injury to another person;

    b. With intent to perpetrate a hoax, conceals, places, disseminates, or displays on educational property or at a school-sponsored curricular or extracurricular activity off educational property any device, machine, instrument, artifact, letter, package, material, or substance, so as to cause any person reasonably to believe the same to be a substance or material capable of causing harmful or life-threatening illness or injury to another person;

    c. Threatens to commit on educational property or at a school-sponsored curricular or extracurricular activity off educational property an act of terror that is likely to cause serious injury or death, when that threat is intended to cause a significant disruption to the instructional day or a school-sponsored activity or causes that disruption;

    d. Makes a report, knowing or having reason to know the report is false, that there is about to occur or is occurring on educational property or at a school-sponsored curricular or extracurricular activity off educational property an act of terror that is likely to cause serious injury or death, when that report is intended to cause a significant disruption to the instructional day or a school-sponsored activity or causes that disruption; or

    e. Conspires to commit any of the acts described in this subsection.

     

    44. Students shall not possess on school property or on a school activity or use counterfeit currency, unless such item is being used for a school-related project or activity.

     

    45. Students shall not cheat.  Students shall not copy another student’s answers to a test, homework or any other school work and submit it as their own work for evaluation and grading. In addition, unless permitted in advance, students shall not bring any materials in any form with them for use in answering questions on a test, such as a “cheat sheet.”

     

    46. Students shall not plagiarize.  Students shall not copy an author’s work and submit it as their own original work for evaluation and grading.

     

    47. Students shall not use profanity, obscenity, fighting or abusive words, or otherwise engage in speech that disrupts (written, symbolic or verbal) which materially and substantially disrupts the classroom or other school activities. 

     

    48. Students shall not communicate a threat to another person. Students shall not bully, harass, or discriminate against others. Incidents of misbehavior that do not rise to the level of bullying, discriminating, threatening or harassing may still violate Policy 1170, Civility Policy.  Bullying, discrimination, and harassment are defined in policy 5131.1.  Communicating threats, is defined as a person without lawful authority who:

     

    a. willfully threatens to physically injure the person or that person's child, sibling, spouse,or dependent or willfully threatens to damage the property of another.

    b. The threat is communicated to the other person, orally, in writing, or by any other means;

    c. The threat is made in a manner and under circumstances which would cause a reasonable person to believe that the threat is likely to be carried out; and

    d. The person threatened believes that the threat will be carried out

     

    49. Students are prohibited from engaging in behavior (whether on or off campus) that constitutes a clear threat to the safety of other students or employees.  Pursuant to AR 5131, Code of Student Conduct, such behavior may subject a student to expulsion.  Behavior constituting a clear threat to the safety of others includes, but is not limited to:

     

    a. theft or attempted theft by a student from another person by using or threatening to use a weapon;

    b. the intentional and malicious burning of any structure or personal property, including any vehicle;

    c. an attack or threatened attack by a student against another person wherein the student uses a weapon or displays a weapon in a manner found threatening to that person;

    d. an attack by a student on any employee, adult volunteer or other student that does not result in serious injury but that is intended to cause or reasonably could cause serious injury;

    e. an attack by a student on another person whereby the victim suffers obvious severe or aggravated bodily injury, such as broken bones, loss of teeth, possible internal injuries, laceration requiring stitches, loss of consciousness, or significant bruising or pain; or whereby the victim requires hospitalization or treatment in a hospital emergency room as a result of the attack;

    f.  any intentional, highly reckless or negligent act that results in the death of another person;

    g. confining,restraining or removing another person from one place to another, without the victim’s consent or the consent of the victim’s parent, for the purpose of committing a felony or for the purpose of holding the victim as a hostage, for ransom, or for use as a shield;

    h. the possession of a weapon on any school property, including in a vehicle, with the intent to use or transmit for another’s use or possession in a reckless manner so that harm is reasonably foreseeable;

    i.  taking or attempting to take anything of value from the care, custody or control of another person or persons, by force, threat of force, or violence, or by putting the victim in fear;

    j.  any unauthorized and unwanted intentional touching, or attempt to touch, by one person of the sex organ of another, including the breasts of the female and the genital areas of the male and female;

    k. the possession, manufacture, sale or delivery, or any attempted sale or delivery, of a controlled substance in violation of Chapter 90 of the North Carolina General Statutes;

    l.  any  behavior resulting in a felony conviction on a weapons, drug, assault or other charge that implicates the safety of other persons; and

    m.any other behavior that demonstrates a clear threat to the safety of others in the school environment.

     

    Aiding or Assisting.  A student shall not aid or assist another student to violate board policy, administrative regulation, school rules, or classroom rules. A student commits this offense if he or she knowingly advises, induces,encourages, aids or assists another student to commit an offense OR shares in the purpose of the act (to commit the offense) and aids or is in a position to aid the other student when the offense is committed. A student committing this offense may be disciplined in the same manner as those students actively committing the offense.

     

    Aggravating and Mitigating Circumstances.  When considering the appropriate sanction for specific student conduct, the Principal,Assistant Principal, or teacher should consider circumstances relating to the offense, including but not limited to the following:

    1.   The student’s age;

    2.   The student’s mental capacity;

    3.   The student’s intent;

    4.   The student’s disciplinary history;

    5.   The student’s academic history;

    6.   The potential benefits to the student of alternatives to suspension;

    7.   How the student’s misconduct impacted others;

    8.   Whether the student displayed an appropriate attitude and gave respectful cooperation during the investigation and/or after the offense occurred;

    9.   What other consequence(s) the student may be experiencing outside of school;

    What action the student and/or the student’s parent(s) have taken since the offense occurred.
     

    Guideline Sanctions for Violations of the Code of Student Conduct

     

    The following guidelines are Administrators may combine sanctions from different levels where appropriate (i.e. a short-term suspension and a recommendation for long-term suspension.) recommendations for discipline and should not be construed as mandatory disciplinary actions. 

     

    LEVEL 1:  Discipline that does not remove a student from the

        classroom for an extended period of time.

    ·       Appropriate for violations of the Code of Student Conduct

    ·       Appropriate for minor acts of misconduct, first time offenses, or when mitigating factors apply to a more serious offense.

    ·       If aggravating factors apply, consider Level II or Level III discipline

    ·       If mitigating factors apply, no discipline should be issued

    Being in an Unauthorized Area (UB)

    Honor Code Violation (Academic Misconduct) (UB)

    Bus Misbehavior (UB)

    Late to Class (UB)

    Cell Phone Use (UB)

    Leaving Class Without Permission (UB)

    Cutting Class (UB)

    Other (minor offense) (UB)

    Disruptive Behavior (UB)

    Other School Defined Offense (UB)

    Dress Code Violation (UB)

    Possession of Counterfeit Item (money) (UB)

    Excessive Display of Affection (UB)

    Possession of Student’s own Rx Drug (UB)

    Excessive Tardiness (UB)

    Skipping Class (UB)

    Falsification of Information (UB)

     

    LEVEL II:  In-school Suspension

    ·       Appropriate for violations of the Code of Student Conduct

    ·       Appropriate for minor acts of misconduct, first time offenses, or when mitigating factors apply to a more serious offense.

    ·       If aggravating factors apply, consider a longer ISS  or Level III discipline

    ·       If mitigating factors apply, consider Level I discipline or no discipline

    Aggressive Behavior (UB)

    Misuse of School Technology (UB)

    Disrespect of Faculty/Staff (UB)

    Possession of Tobacco (UB)

    Gambling (UB)

    Repeat Offender (minor disruptions) (UB)

    Inappropriate Items on School Property (UB)

      Skipping School (UB)

    Inappropriate Language/Disrespect (UB)

      Truancy (UB)

    Insubordination (UB)

    Use of Counterfeit Item (money) (UB)

    Leaving School Without Permission (UB)

    Use of Tobacco (UB)

    LEVEL III:  Short-term Out-of-School Suspension

    ·       Appropriate for violations of the Code of Student Conduct

    ·       Appropriate for repeated minor offenses, first time offenses, or when mitigating factors apply to a more serious offense

    ·       Short-term suspensions should generally be for no more than five (5) days at a time

    ·       If aggravating factors apply, consider a longer short-term suspension  or Level IV discipline

    ·       If mitigating factors apply, consider Level I, Level II, or no discipline

    Affray (UB)

    Harassment – Sexual (UB)

    Assault on Non-student (without weapon and not intended to cause or causing serious injury) (UB)

    Harassment – Verbal (UB)

    Assault – Other (UB)

    Hazing (UB)

    Assault on Student (without weapon and not intended to cause or causing serious injury) (UB)

    Mutual Sexual Contact Between Students (UB)

    Bullying (UB)

    Other (serious offense) (UB)

    Communicating Threats (N.C. Gen. Stat. 14-277.1)

    Possession of Alcoholic Beverage (includes possession, sale or distribution) (RO)

    Cyber-bullying (UB)

    Possession of Another Person’s Prescription Drug (Not a Controlled Substance or Narcotic)

    Discrimination (UB)

    Possession of Chemical or Drug Paraphernalia (UB)

    Disorderly Conduct (N.C. Gen. Stat. 14-288.4)(UB)

    Possession of Counterfeit Item (drug or weapon) (UB)

    Extortion (UB)

    Possession of a Weapon (without intent to use or risk of harm; excluding firearms or destructive devices) (RO)

    False Fire Alarm (UB)

    Property Damage (UB)

    Fighting (UB)

    Theft (UB)

    Gang Activity (UB)

    Unlawfully Setting a Fire (UB)

    LEVEL IV:  Alternative Learning Center Assignment

    ·       Appropriate for violations of the Code of Student Conduct

    ·       Appropriate for students who repeatedly commit Level I, II, and III offenses, and/or when other interventions do not improve the student’s behavior

    ·       Appropriate when aggravating factors apply to less serious offenses

    ·       Appropriate when mitigating factors apply to more serious offenses

    ·       Alternative education placement must be considered in lieu of long-term suspension

    Repeat Offender (serious disruptions) (UB)

    Use of Controlled Substance (RO)

    Under the Influence of Alcohol (UB)

    Use of Counterfeit Item (i.e. counterfeit controlled substance or weapon) (UB)

    Under the Influence of a Controlled Substance (UB)

    Use of Narcotics (RO)

    Use of Alcoholic Beverage (RO)

     

    LEVEL V:  Alternative School Assignment

    ·       Appropriate for violations of the Code of Student Conduct

    ·       Appropriate for students who repeatedly commit Level I, II, and III offenses, and/or when other interventions do not improve the student’s behavior

    ·       Appropriate when aggravating factors apply to less serious offenses

    ·       Appropriate when mitigating factors apply to more serious offenses

    ·       Alternative education placement must be considered in lieu of long-term suspension

    Assault on School Personnel (without weapon and not intended to cause or causing serious injury) (RO)

    Violent Assault Not Resulting in Serious Injury (an attack that is intended to cause or reasonably could cause serious injury) (UB)

    Robbery Without a Weapon (UB)

     

    LEVEL VI:  Long-term Out-of-school Suspension

    ·       Appropriate for violations of the Code of Student Conduct

    ·       Appropriate when the student’s conduct threatens the safety of students, staff, or school visitors or threatens to substantially disrupt the educational environment

    ·       Appropriate when there is a significant or important reason to decline alternative education services, such as:

                       i.     The student exhibits violent behavior.

                       ii.     The student poses a threat to staff or other students.

                      iii.     The student substantially disrupts the learning process.

                      iv.     The student otherwise engaged in serious misconduct that makes the provision of alternative educational services not feasible.

                      v.     The student failed to comply with reasonable conditions for admittance in to an alternative education program

    ·       Generally, a long-term suspension lasts between 11 days and the remainder of the school year (unless the offense is committed during the last quarter as provided in section III(F) above)

    ·       Alternative education placement must be considered in lieu of long-term suspension

    ·       If mitigating factors apply, consider fewer suspension days or alternative education placement

    ·       If aggravating factors apply, consider more suspension days or a Level VIII sanction

    Bomb Threat (RO)

    Sale/Distribution of Controlled Substance in Violation of Law – Cocaine (RO)

    Burning of a School Building (RO)

    Sale/Distribution of Controlled Substance in Violation of Law – Marijuana (RO)

    Possession of Controlled Substance in Violation of Law- Cocaine (RO)

    Sale/Distribution of Controlled Substance in Violation of Law – Other (RO)

    Possession of Controlled Substance in Violation of Law- Marijuana (RO)

    Sale/Distribution of Controlled Substance in Violation of Law – Ritalin (RO)

    Possession of Controlled Substance in Violation of Law- Other (RO)

    Sale/Distribution of a Prescription Drug (Not a Controlled Substance or Narcotic) (RO)

    Possession of Controlled Substance in Violation of Law- Ritalin (RO)

     

    LEVEL VII:  365-day Suspension Out-of-school

    ·       Appropriate only for the offenses identified in this level

    ·       Only the Assistant Superintendent can mitigate a recommendation for a 365-day suspension

    Possession of Firearm or Powerful Explosive (see definitions for “firearm” and “destructive device” in section II above) (RO)

     

    LEVEL VIII:  Expulsion

    ·       Appropriate when school officials can show by clear and convincing evidence that a student, 14 years of age or older, constitutes a clear threat to the safety of other students or school staff when he or she is in school

    ·       The student does not have to be arrested or charged with a crime to be recommended for expulsion

    ·       If mitigating factors apply, consider Level IV, or V, or VI sanction

    Assault Involving the Use of a Weapon (RO)

    Rape (PD)

    Assault Resulting in Serious Injury (PD)

    Robbery with a Dangerous Weapon (PD)

    Homicide (PD)

    Sexual Assault Not Involving Rape or Sexual Offense (see AR 5131.7 for definition) (PD)

    Kidnapping (PD)

    Sexual Offense (see AR 5131.7 for definition) (PD)

    Possession of a Weapon (with intent to use or risk of harm; excluding firearms and powerful explosives) (RO)

    Taking Indecent Liberties with a Minor (see AR 5131.7 for definition) (PD)

     

     

    WS/FCS policies and administrative regulations concerning discipline:

     

    1.    AR5117.5, Assignment of Pupils – Alternative Programs and Schools

    2.    Policy5131, Student Behavior

    3.    AR5131, Code of Student Conduct

    4.    Policy5131.1, Student Behavior – Discrimination, Harassment and Bullying

    5.    AR5131.1, Discrimination, Harassment and Bullying Complaint Procedure

    6.    AR5131.25, Discipline of Students with Disabilities

    7.    Policy5131.3, Parking on School Grounds

    8.    AR5131.4, Student Behavior – Gang Activity

    9.    Policy5131.5, Student Behavior – Procedures for Discipline

    10.  Policy5131.6, Student Behavior –Alcohol and Drugs

    11.  AR 5131.7, Reporting Prohibited Relationships and Other Criminal Acts

    12.  Policy 5145, Student and Parent Grievance Procedure

    Discipline Policy (P5131)

     
    STUDENT BEHAVIOR                                                                                                        Policy 5131

                                                                                                                                                   August 2011

     

    I.         Introduction

     

    The Winston-Salem/Forsyth County Board of Education recognizes its responsibility to provide each student an equal opportunity to receive an education and to provide an atmosphere in its schools which is conducive to learning and which protects student freedoms guaranteed by the Constitution of the United States. In order to meet these responsibilities the Board of Education adopts this  statement of policy concerning student behavior.

     

     

    II.        Principles

     

    The reasons for managing student behavior are to (1) create an orderly environment in which students can learn; (2) teach expected standards of behavior; (3) help students learn to accept the consequences of their behavior; and (4) provide students with the opportunity to develop self-control. The following principles apply in managing student behavior. 

     

    1.             Student behavior management strategies will complement other efforts to create a safe, orderly and inviting environment.

     

    2.             Positive behavioral interventions will be employed as appropriate to improve student behavior.

     

    3.             Responsibility, integrity, civility and other standards of behavior will be integrated into the curriculum.

     

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

     

    5.             Consequences for unacceptable behavior will be designed to help a student learn to comply with rules, to be respectful, to accept responsibility for his or her behavior and to develop self-control.

     

    6.             Strategies and consequences will be age and developmentally appropriate.

     

    III.      Authority of School Personnel

               

    The principal has the authority and responsibility to investigate and take appropriate action regarding any prohibited or criminal student behavior and any other behavior appropriately referred to him or her. 

     

    The teacher has the authority and responsibility to manage student behavior in the classroom and when students are under his or her supervision.  The teacher is expected to implement the student behavior management plan and any other school standards or rules.  The teacher may develop other standards or rules consistent with the direction provided by the board, superintendent and school principal.  Every teacher, student teacher, substitute teacher, voluntary teacher, teacher assistant or other school employee is required to report to the principal all acts of violence occurring in school, on school grounds or at any school-sponsored activity.

     

    Teachers and other school personnel have the authority to manage or remove disruptive or dangerous students from the classroom and other locations within the school building.  School personnel may use reasonable force to control behavior or to remove a person from the scene in those situations when necessary:

     

    1.             to correct students;

     

    2.             to quell a disturbance threatening injury to others;

     

    3.             to obtain possession of a weapon or another dangerous object on the person, or within the control, of a student;

     

    4.             for self-defense;

     

    5.             for the protection of persons or property; or 

     

    6.             to maintain order on school property, in the classroom, or at a school-related activity whether on or off school property. 

     

    Except as restricted by G.S. 115C-391.1, school personnel may use appropriate seclusion and restraint techniques reasonably needed in the circumstances described above as long as such use is consistent with state law and applicable board policies and procedures. 

     

    Students must comply with all directions of principals, teachers, substitute teachers, student teachers, teacher assistants, bus drivers and all other school personnel who are authorized to give such directions during any period of time when they are subject to the authority of such personnel. 

     

    IV.      School Plan for Management of Student Behavior

     

    Each school must have a plan for managing student behavior that incorporates effective strategies consistent with the principles established herein. School officials are encouraged to implement research-based behavior management programs that take positive approaches to improving student behaviors in an effort to avoid repeated misbehavior and suspension.  Components of the plan for management of student behavior should address:

     

    1.    the process by which student behavior will be addressed;

     

    2.    the means by which students at risk of repeated disruptive or disorderly conduct are identified, assessed and assisted;

     

    3.     positive behavioral interventions and possible consequences that will be used; and

     

    4.    parental involvement strategies that address when parents or guardians will be notifiedor involved in issues related to their child’s behavior.

     

    Principals are encouraged to use a full range of disciplinary responses that do not remove a student from the classroom or school building, unless necessary to provide a safe, orderly environment that is conducive to learning.

     

    V.        Corporal Punishment

     

    No school plan for managing student behavior, Board policy, or administrative regulation may authorize the use of corporal punishment.  Corporal punishment is the intentional infliction of physical pain upon the body of a student as a disciplinary measure.  It includes, but is not limited to, spanking, paddling and slapping.  The Board prohibits corporal punishment, believing that other consequences are more appropriate and effective for teaching self-control. No teacher, substitute teacher, student teacher, bus driver, or other employee, contractor or volunteer may use corporal punishment to discipline any student.  Reasonable force that is necessary to protect oneself or others is not considered corporal punishment. 

     

    VI.      Communication of Rules

     

    At the beginning of each school year, principals shall make available to each student and parent all of the following: (1) the Code of Student Conduct (AR 5131); (2) Board Policy 5131 and any other policies related to student behavior; (3) any related administrative procedures; (4) any additional discipline-related information from the school’s student behavior management plan, including behavior standards, prohibited conduct or disciplinary measures; and (5) any other school rules.  This information must be available at other times upon request and must be made available to students enrolling during the school year and their parents.

     

    For the purpose of board policies related to student behavior, all references to “parent” include a parent, a legal guardian, a legal custodian or another caregiver adult authorized to enroll a student under Board Policy 5117, Domicile or Residence Requirements.  

     

    VII.     Applicability

     

    Schools may enforce policies, administrative regulations, and school rules when student misbehavior occurs:

     

    1.    while in any school building or on any school premises before, during or after school hours;

     

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

     

    3.    while waiting at any school bus stop;

     

    4.    during any school-sponsored activity or extra curricular activity;

     

    5.    when the student is subject to the authority of school employees; and

     

    6.    at any place or time when the student’s behavior has or is reasonably expected to have a direct and immediate impact on the orderly and efficient operation of the schools or the safety of individuals in the school environment.

     

    VIII.    Enforcement

     

    The Superintendent and Assistant Superintendents for Elementary, Middle and High Schools are responsible for supervising the enforcement of the Code of Student Conduct to ensure that school disciplinary policies are uniformly and fairly applied throughout the school system.

     

    The procedures set forth in the Individuals with Disabilities Act (IDEA) and its implementing regulations, Article 9 of Chapter 115C of the North Carolina General Statutes and its implementing regulations, and AR 5131.25 shall be followed when disciplining students with disabilities.

     

    IX.      Prohibited Behavior.  Every student has the right to be free from fear, harm, and violence at school, on the school bus and at school-related activities. In order to preserve this right, the Board authorizes the Superintendent to create a Code of Student Conduct that sets out specific consequences for students violating the following rules:

     

    1.    Students shall obey Board of Education policies, administrative regulations, school rules, and classroom rules.

     

    2.    Students shall comply with all lawful directions of Principals, teachers, substitute teachers, teacher assistants, bus drivers, and other school personnel who are authorized to give such directions.

     

    3.    Students shall not assault, hit, kick, punch, fight, intentionally harm or threaten to harm another person.

     

    4.     A student shall not incite or instigate a fight, assault or riot. The terms “incite” and “instigate” mean to urge or direct others by words or actions to engage in a fight, assault or riot. A student commits this offense by actively urging or directing others to take part in the prohibited behavior or by causing or instigating the prohibited behavior to occur. Students committing this offense should be disciplined in the same manner as those students actually engaging in the fight, assault or riot.

     

    5.     A student shall not aid or assist another student to violate any Board Policy, administrative regulation or local school rule. A student is guilty of this offense if he/she knowingly advises, induces, encourages, aids or assists another student to commit an offense OR shares in the purpose of the act (to commit the offense) and aids or is in a position to aid the other student when the offense is committed. A student committing this offense may be disciplined in the same manner as those students actively committing the offense.

     

    6.     A student should avoid a fight by walking away from a threatened conflict and/or reporting the other student’s threats to a teacher or other school employee. A student may, in a defensive manner, restrain the other student or block punches, kicks etc. but if the student retaliates by kicking, hitting, striking, etc. the other student, that action is considered fighting.

     

    7.     A student shall not participate in an affray.  An affray is a fight between more than two people which causes a large public disturbance. Examples of an affray are fights involving multiple students in the school cafeteria or at an athletic event. A person who commits an affray may be guilty of a misdemeanor.[1]

     

    8.    Students shall not take the property of another person or the school without permission. Theft, larceny, robbery and extortion are forbidden.  Students shall not knowingly sell stolen items at school.

     

    9.    Students shall not engage in extortion.  Extortion is the act of securing money,favors, or other things of value from another person through blackmail, abuse of authority, or intimidation.

     

    10. Students shall not intentionally vandalize, scratch, mark, or damage the property of the school or any person at the school.

     

    11. Students shall adhere to their school’s dress code.  At a minimum, the following dress or appearance is prohibited:

     

    a.  Clothing that contains advertisements for tobacco, alcohol or drugs; pictures or graphics of nudity; words that are profane, lewd, vulgar, or indecent;

    b.    Halter or bare midriff tops, or bare midriffs;

    c.    Spaghetti straps or tank tops;

    d.    Strapless shirts or tube tops;

    e.    Bare feet;

    f.     Short shorts or skirts;

    g.    Pants, slacks or jeans that sag below waist; and

    h.     Hats, caps, bandanas, or garments which cover the student’s face or conceal the student’s identity[2].

    i.     Underpants or bras showing or worn as outerwear;

    j.     Provocative, revealing attire that exposes cleavage; and

    k.  Any symbols, styles or attire frequently associated with gangs, intimidation, violence or violent groups about which students at a particular school have been notified as described in AR 5131.4.

     

    12. Students shall not bring to, or have on school property or at any school-related activity, any weapon, or explosive of any kind, including, but not limited to any BB gun, stun gun, air rifle, air pistol, knife, dirk, dagger, slingshot, leaded cane, blackjack, metallic knuckles, razors and razor blades, destructive devices, firearms, and firecrackers, or any look-a-like weapon, including but not limited to, plastic guns, water pistols, and rubber knives, or use any weapon or look-a-like weapon to harm or threaten to harm another person. Students shall not bring to, or have on school property or at any school related activity any other item which may be used as a weapon, such as a saw or unaltered nail file, unless such item is being used for a school-related project or activity. (See also AR 5131.7, Reporting Prohibited Relationships with Students and Other Criminal Acts.)

     

    13. Students shall not use an aerosol spray can, bottle or other type container as a weapon to threaten to injure, to injure, harm, harass or annoy any other person or to disrupt class or any school program or activity.

     

    14. Students shall not start fires or ignite explosives or threaten to do so. 

     

    15. Students shall not wrongfully break and/or enter into school buildings, school buses, classrooms, storerooms, or lockers.

     

    16. Students shall not trespass on school grounds when told not to do so by authorized school personnel. During the term of assignment to an alternative school, students are prohibited from being present on any WS/FCS campus or at any school-sponsored event other than the campus of the alternative school to which the students are assigned. During the term of a suspension or expulsion, students are prohibited from being present on any WS/FCS campus or at any school-sponsored event.

     

    17. Students shall not engage in a disorderly conduct.  Disorderly conduct is defined in N.C.Gen. Stat. §14-288.4 as intentionally creating a public disturbance that disrupts, disturbs or interferes with the teaching of students at any public or private educational institution or engaging in conduct which disturbs the peace, order or discipline on a school bus, at any public or private educational institution or on the grounds adjacent thereto.

     

    18. Students shall not possess, use, give away, attempt to sell or purchase, or be under the influence of any illegal narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, malt beverage(including beer and other malt beverages that contain less than .5 of one percent of alcohol), wine, alcoholic beverage, or any other controlled substance as defined by North Carolina law.[3] Students shall not possess, use, give away, attempt to sell or purchase a counterfeit substance such as those described in this paragraph, or an otherwise legal substance that is intended to mimic the effects of one of the substances described in this paragraph.  (See policy 5131.6, Student Behavior –Drugs and Alcohol.)

     

    19. Students shall not insert a foreign substance in the food or drink of another person with the intent of injuring or harming the other person or causing an adverse reaction including but not limited to, hallucinations, sleep, or euphoria. Students shall not knowingly bring containers of urine or any other bodily fluid or substance to school unless required for an academic or other required assignment or activity.

     

    20. Students may not possess, display or use tobacco products at any time in any building, facility, or vehicle owned, leased, rented or chartered by the Board or a school, on any school grounds and property, including athletic fields and parking lots, owned, leased, rented or chartered by the Board, or at any school-sponsored or school-related event on-campus or off-campus.

     

    21. Students shall not possess drug or chemical paraphernalia at any time in any building, facility, or vehicle owned, leased, rented or chartered by the Board or a school, on any school grounds and property, including athletic fields and parking lots, owned, leased, rented or chartered by the Board, or at any school-sponsored or school-related event on-campus or off-campus.  (See policy 5131.6, Student Behavior – Drugs and Alcohol.)

     

    22. Students shall not park motor vehicles on campus in student parking areas unless allowed by Policy 5131.3, Parking on School Grounds.  Parking privileges may be revoked for violation of the Code of Student Conduct.

     

    23. Students shall not engage in sexual or intimate conduct at school, on the school bus or school-related activities, including but not limited to: taking or attempting to take immoral or indecent liberties with another student, exposing private body parts (genitals, buttocks and/or female breasts) or engaging in consensual sexual misconduct or engaging in inappropriate public displays of affection including but not limited to, prolonged hugging or embracing, kissing, petting, and/or making out.

     

    24. Students shall not gamble; they shall not possess and/or use playing cards unless approved by a teacher or school officials for an educational purpose.

     

    25.  Students shall not use or possess electronic devices such as MP3/4 players, portable radios, recording devices, tape/CD/DVD/MP3 players, digital cameras, laser pens, or other similar electronic equipment in school during regular school hours except as approved by a Principal or his designee. Students shall not use any type of electronic device on school property or during a school activity, whether on or off school property, for the purpose of immoral or pornographic activities, including, but not limited to, sexting. Sexting shall be defined as the sending, taking, disseminating, transferring, sharing, or receiving of obscene, pornographic, lewd, indecent, or otherwise sexually explicit messages, photographs or images on or by electronic devices. 

     

    26.  Students shall not possess a portable communication device of any kind, including, but not limited to, a cellular telephone, at any school that has expressly prohibited such items. 

     

    27.  If schools allow students to possess a portable communication device of any type, including but not limited to, a cellular telephone, students shall not use or display such devices during regular school hours except as approved by a Principal or his designee. “Regular school hours” means from the beginning of the student instructional day to the end of the student instructional day.

     

    a.    If a portable communication device rings¸ vibrates or is otherwise used or in use during class or instruction without permission from the Principal or his designee, it may be confiscated and the student may be denied the privilege of possessing a communication device at school for up to the remainder of the school year. The confiscated device shall be returned to the student’s parent/guardian.

     

    b.    If a school administrator has reasonable suspicion a device has been used to violate the Code of Student Conduct, the school administrator may search the device for evidence of such misconduct.

     

    c.    By virtue of the ringing, vibration, or other evidence of use of a portable communication device during regular school hours in contravention of this Policy, the owner of the device thereby consents to the search of such portable communication device by a school administrator.

     

    28.  Students and their parent(s)/guardian(s) are solely responsible for any loss or damage to their portable radio, tape recorders, tape/CD/DVD/MP3 players, cell phone or any other similar electronic equipment in school while it is in their care, custody or control. WS/FCS accepts no responsibility for theft, loss or damage to a student’s personal electronic equipment.

     

    29. Commercial solicitation of or by students is prohibited on school grounds or at school-sponsored events. Charitable solicitation of students is permitted subject to the provisions of Policy 1324.

     

    30. Students shall not engage in hazing. Hazing is defined in state law as to subject another student to physical injury as part of an initiation, or as a prerequisite to membership, into any organized school group, including any society, athletic team, fraternity or sorority, or other similar group.

     

    31. Students shall not engage in gang activity as described in AR5131.4.

     

    32. Students shall not litter or loiter on school property.

     

    33. Students shall not make false statements to teachers and school officials or forge a signature on any papers or documents.

     

    34. Students shall not make or publish false statements on the internet, by Fax or by any other means of communication that defame the character or reputation of a school employee or student. While students have a constitutional right to criticize school personnel or students, that right does not include making false statements accusing school personnel or students of engaging in criminal or immoral acts that are intended to injure, harass and/or harm an individual.

     

    35. Students shall not download to or otherwise place upon a computer owned and/or maintained by the school or school system any software or computer program which enables the student and/or others to load content or programs to school system computers which would otherwise be prohibited by school system policy. Students are not to download software or programs or view content prohibited by AR 6161.1.

     

    36. Due to the risk or injury to the student and others, students shall not ride a skateboard, roller skate or in-line skate on school property, unless approved in advance by the Principal or designee as a school sponsored program or activity.

     

    37. Students shall not skip/leave class or school without permission.

     

    38. Students shall not knowingly make a false report to law enforcement (i.e. a false 911 call).

     

    39. Students shall not make a bomb threat or a false fire alarm.

     

    40. Students shall not make terrorist threats.  A student violates this rule when he or she:

     

    a.      By any means of communication to any person or group of persons, makes a report, knowing or having reason to know the report is false, that there is located on educational property or at a school-sponsored curricular or extra curricular activity off educational property any device, substance, or material designed to cause harmful or life-threatening illness or injury to another person;

     

    b.      With intent to perpetrate a hoax, conceals, places, disseminates, or displays on educational property or at a school-sponsored curricular or extracurricular activity off educational property any device, machine, instrument, artifact, letter, package, material, or substance, so as to cause any person reasonably to believe the same to be a substance or material capable of causing harmful or life-threatening illness or injury to another person;

     

    c.      Threatens to commit on educational property or at a school-sponsored curricular or extracurricular activity off educational property an act of terror that is likely to cause serious injury or death, when that threat is intended to cause a significant disruption to the instructional day or a school-sponsored activity or causes that disruption;

     

    d.      Makes a report, knowing or having reason to know the report is false, that there is about to occur or is occurring on educational property or at a school-sponsored curricular or extracurricular activity off educational property an act of terror that is likely to cause serious injury or death, when that report is intended to cause a significant disruption to the instructional day or a school-sponsored activity or causes that disruption; or

     

    e.      Conspires to commit any of the acts described in this subsection.

     

    37. Students shall not possess on school property or on a school activity or use counterfeit currency, unless such item is being used for a school-related project or activity.

     

    38. Students shall not cheat.  Students shall not copy another student’s answers to a test, homework or any other school work and submit it as their own work for evaluation and grading. In addition, unless permitted in advance, students shall not bring any materials in any form with them for use in answering questions on a test, such as a “cheat sheet.”

     

    39. Students shall not plagiarize.  Students shall not copy an author’s work and submit it as their own original work for evaluation and grading.

     

    40. Students shall not use profanity, obscenity, fighting or abusive words, or otherwise engage in speech that disrupts (written, symbolic or verbal) which materially and substantially disrupts the classroom or other school activities. 

     

    41. Students shall not communicate a threat to another person. Students shall not bully, harass, or discriminate against others. Incidents of misbehavior that do not rise to the level of bullying, discriminating, threatening or harassing may still violate Policy 1170, Civility Policy.  Bullying, discrimination, and harassment are defined in policy 5131.1. Communicating threats, is defined as[4]:

     

    a.     A  person without lawful authority who:

                                                  i.        willfully threatens to physically injure the person or that person's child, sibling, spouse, or dependent or willfully threatens to damage the property of another.

                                                ii.        The threat is communicated to the other person, orally, in writing, or by any other means;

                                               iii.        The threat is made in a manner and under circumstances which would cause a reasonable person to believe that the threat is likely to be carried out; and

                                               iv.        The person threatened believes that the threat will be carried out

     

    42. Students are prohibited from engaging in behavior (whether on or off campus) that constitutes a clear threat to the safety of other students or employees.  Pursuant to AR 5131,Code of Student Conduct, such behavior may subject a student to expulsion.  Behavior constituting a clear threat to the safety of others includes, but is not limited to:

     

    a.             theft or attempted theft by a student from another person by using or threatening to use a weapon;

     

    b.             the intentional and malicious burning of any structure or personal property, including any vehicle;

     

    c.             an attack or threatened attack by a student against another person wherein the student uses a weapon or displays a weapon in a manner found threatening to that person;

     

    d.             an attack by a student on any employee, adult volunteer or other student that does not result in serious injury but that is intended to cause or reasonably could cause serious injury;

     

    e.             an attack by a student on another person whereby the victim suffers obvious severe or aggravated bodily injury, such as broken bones, loss of teeth, possible internal injuries, laceration requiring stitches, loss of consciousness, or significant bruising or pain; or whereby the victim requires hospitalization or treatment in a hospital emergency room as a result of the attack;

     

    f.              any intentional, highly reckless or negligent act that results in the death of another person;

     

    g.             confining, restraining or removing another person from one place to another, without the victim’s consent or the consent of the victim’s parent, for the purpose of committing a felony or for the purpose of holding the victim as a hostage, for ransom, or for use as a shield;

     

    h.             the possession of a weapon on any school property, including in a vehicle, with the intent to use or transmit for another’s use or possession in a reckless manner so that harm is reasonably foreseeable;

     

    i.              taking or attempting to take anything of value from the care, custody or control of another person or persons, by force, threat of force, or violence, or by putting the victim in fear;

     

    j.              any unauthorized and unwanted intentional touching, or attempt to touch, by one person of the sex organ of another, including the breasts of the female and the genital areas of the male and female;

     

    k.             the possession, manufacture, sale or delivery, or any attempted sale or delivery,of a controlled substance in violation of Chapter 90 of the North Carolina General Statutes;

     

    l.              any behavior resulting in a felony conviction on a weapons, drug, assault or other charge that implicates the safety of other persons; and

     

    m.           any other behavior that demonstrates a clear threat to the safety of others in the school environment.

     

    X.        Student Speech and Expression.  Nothing herein is intended to limit a student’s right to express his or her thoughts and opinions at reasonable times and places, consistent with the protections of the First Amendment.  In general, schools may place restrictions on a student’s right to free speech when the speech is obscene, abusive, promoting illegal drug use, or is reasonably expected to cause a substantial disruption to the school day. If a student believes his or her constitutional rights have been violated, he or she may file a grievance in accordance with Board Policy 5145, Student and Parent Grievance Procedure.  

     

     

    Adopted:          July 1974

    Revised:           July 1984; June 1975; May 1985; May 1980; May 1987; July 1981; October 1989; March 1992; March 1993; June 1993; July 1994; June 1996; December 1997; February 1999; May 2001; May 2002; October 2002; November 2002; November 2003; May 2004; May 2005; May 2006; May 2007; May 2008; May 2009, July 2009; May 2010; October 2010; March 2011; August 2011



    [1] N.C.G.S. § 14-33.

    [2]  Unless the headwear is worn based on a sincerely held religious belief or practice.

    [3] A student may possess and use a prescription medication on school property as allowed by Policy 5141, Student Health Care.

    [4] N.C.G.S. § 14-277.1

    Administrative Regulation (AR 5131)
     

    CODE OF STUDENT CONDUCT                                                                                             AR 5131

                                                                                          August 2011

     

    I.          Introduction.

     

    The purpose of this Code of Student Conduct is to notify students and parents of the standards of behavior expected of students, conduct that may subject students to discipline, and the range of disciplinary measures that may be used by school officials in enforcing board policies, administrative regulations, school rules, and classroom rules. It is important parents, students and school officials understand these are guidelines and not prescribed actions that must be followed in each and every instance of student misconduct. School administrators may impose more or less severe disciplinary actions based on mitigating and aggravating factors and in keeping with the principals set out in Policy 5131.

     

    Students with Disabilities. The procedures set forth in the Individuals with Disabilities Act (IDEA) and its implementing regulations, Article 9 of Chapter 115C of the North Carolina General Statutes and its implementing regulations, and AR 5131.25 shall be followed when disciplining students with disabilities.

     

    II.       Definitions.

     

    A.      Aggravating factors. Factors that may be considered by a school official which would increase the severity of a student’s punishment for violating the Code of Student Conduct.

     

    B.       Alcoholic beverage. Includes malt beverage, fortified wine, unfortified wine, spirituous liquor, mixed beverages, or beer.

     

    C.      Alternative education services. Part or full time programs, wherever situated, providing direct or computer-based instruction that allows a student to progress in one or more core academic courses. Alternative education services include programs established by the local board of education in conformity with N.C.G.S. § 115C-105.47A and Administrative Regulation 5117.5.

     

    D.      Controlled substance. Includes marijuana, heroin, LSD, methamphetamine, cocaine, or any other drug listed in schedules I – VI of the N.C. Controlled Substances Act. (N.C.G.S. §§ 90-89 through 90-94.)

     

    E.       Corporal punishment. The intentional infliction of physical pain upon the body of a student as a disciplinary measure.

     

    F.       Educational property. Any school building or bus, school campus, grounds, recreational area, athletic field, or other school property under the control of the Winston-Salem/Forsyth County Board of Education.

     

    G.      Expulsion. The indefinite exclusion of a student from school enrollment for disciplinary purposes.

     

    H.      Firearm. Any of the following:

    a.     A weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.

    b.     The frame or receiver of any such weapon.

    c.     Any firearm muffler or firearm silencer.

    d.     A firearm does not include an inoperable antique firearm, a BB gun, stun gun, air rifle, paintball gun, or air pistol.

     

    I.        Long-term suspension. The exclusion for more than ten (10) school days of a student from school attendance for disciplinary purposes from the school to which the student was assigned at the time of the disciplinary action. 

     

    J.        Mitigating factors. Factors that may be considered by a school official which would decrease the severity of a student’s punishment for violating the Code of Student Conduct.

     

    K.      Narcotic. Any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

    a.         Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.

    b.         Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause a, but not including the isoquinoline alkaloids of opium.

    c.         Opium poppy and poppy straw.

    d.         Cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or coca leaves and any salt, isomer, salts of isomers, compound, derivative or preparation of coca leaves, or any salt, isomer, salts of isomers, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocanized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine.

     

    L.       Parent. Includes a parent, legal guardian, legal custodian, or other caregiver adult who is acting in the place of a parent and entitled to enroll a student in school. 

     

    M.     Destructive device. An explosive, incendiary, or poison gas:

    a.     Bomb.

    b.     Grenade.

    c.     Rocket having a propellant charge of more than four ounces.

    d.     Missile having an explosive or incendiary charge of more than one-quarter ounce.

    e.     Mine.

    f.      Device similar to any of the devices listed in this subsection.

     

    N.      Principal. Includes the principal and the principal’s designee.

     

    O.      School official. The Superintendent, Assistant Superintendent for elementary, middle or high schools, principals, and assistant principals.

     

    P.       School personnel. Includes any of the following:

    a.     An employee of the Board of Education.

    b.     Any person working on school grounds or at a school function under a contract or written agreement with the public school system to provide educational or related services to students..

    c.     Any person working on school grounds or at a school function for another agency providing educational or related services to students.

    d.     Any school volunteer.

     

    Q.      Serious personal injury. Includes, (1) substantial risk of death, (2) serious permanent disfigurement, (3) a coma, (4) a permanent or protracted condition that causes extreme pain, (5) permanent or protracted loss or impairment of the function of any bodily member or organ, or (6) an injury that results in prolonged hospitalization.

     

    R.      Short-term suspension. The exclusion of a student from school attendance for disciplinary purposes for up to ten (10) school days from the school to which the student was assigned at the time of the disciplinary action.

     

    S.       Substantial evidence. Such relevant evidence as a reasonable person might accept as adequate to support a conclusion; it is more than a scintilla or permissible inference.

     

    T.       Superintendent. Includes the Superintendent and the Assistant Superintendent for elementary, middle and high schools.    

     
    III.         Disciplinary Measures that May be Used for Violating the Code of Student Conduct. When considering the appropriate disciplinary measure for a student, school officials should sanctions authorized by the Code of Student Conduct for the given offense. Sanctions are organized by level as described herein. Guideline sanctions are found in section VI below, however, school officials may aggravate or mitigate sanctions as described in section V below. Corporal punishment is not authorized as a disciplinary measure in the WS/FCS. The procedures for disciplining regular education students are found in policy 5131.5, Procedures for Student Discipline. The procedures for disciplining EC or 504 students are found in AR 5131.25, Discipline of Students with Disabilities. 
     

    A.      Level I: Discipline that does not remove a student from the classroom for an extended period of time. These interventions are not appealable pursuant to the student discipline appeal procedures found in Policy 5131.5.

    1.     parental involvement, such as conferences;

    2.     positive behavior interventions;

    3.     time-out for short periods of time;

    4.     behavior improvement agreements;

    5.     reduction in student’s grade (for academic misconduct);

    6.     instruction in conflict resolution and anger management;

    7.     peer mediation;

    8.     individual or small group sessions with the school counselor;

    9.     academic intervention;

    10. detention before and/or after school or on Saturday;

    11. silent lunch;

    12. community service;

    13. loss of parking privileges;

    14. exclusion from graduation or promotion ceremonies;

    15. exclusion from extracurricular activities;

    16. suspension from bus privileges;

    17. participation in a gang awareness program;

    18. submission to random, mandatory drug tests for one calendar year; and/or

    19. participation in a drug, alcohol and/or tobacco treatment or education program.

     

    B.       Level II. In-school Suspension. In-school suspension (“ISS”) is a form of discipline in which a student maintains classroom assignments and remains in school but is in a separate location than the student’s regular classroom. The student’s teacher will continue to provide coursework for the student to complete while in ISS. Period ISS is preferred to day-long ISS; ISS should be used as a short-term solution. ISS is not appealable pursuant to the student discipline appeal procedures found in Policy 5131.5.

     

    C.      Level III.   Short-term Suspension. A student may be short-term suspended out-of-school between 1 and five days (at a time) for willfully engaging in conduct that violates the Code of Student Conduct. Students shall not be short-term suspended for truancy or tardiness offenses.

    1.     A student subject to short-term suspension shall be provided the following:

                                                       i.     The opportunity to take textbooks home for the duration of the suspension;

                                                      ii.     Upon request, the right to receive all missed assignments, and to the extent practicable, the materials distributed to students in connection with the assignment; and

                                                    iii.     The opportunity to take any quarterly, semester, or grading period examinations missed during the suspension period.

    2.     If a student’s short-term suspensions accumulate more than ten (10) days in a semester, to the extent the principal has not already done so, he or she shall invoke the mechanisms provided for in school plan for management of student behavior adopted pursuant to Board Policy 5131(IV). 

    3.     Short-term suspensions are not appealable pursuant to the student discipline appeal procedures found in Policy 5131.5.

     

    D.      Level IV. Alternative Learning Center Assignment. Alternative Learning Center (“ALC”) assignment is a form of discipline in which a student is removed from the classroom for up to ninety (90) days, but remains in the school building. Students will be taught by the ALC teacher and may also do coursework online.   A student with excellent behavior, attendance and academic work as described in AR 5117.5 may return to regular classes before the end of 90 days. Such assignments are not appealable pursuant to the student discipline appeal procedures found in Policy 5131.5.

     

    E.       Level V. Alternative School Assignment. The Board of Education runs several alternative schools, as described in AR 5117.5, which are full-time educational programs. Students assigned to these programs will be provided opportunity to make timely progress towards graduation and grade promotion.

    1.     A school official may recommend to the Assistant Superintendent that a student receive a disciplinary assignment to an alternative school, and the Assistant Superintendent will decide which alternative school would best meet the needs of the student.

    2.     Before approving the recommendation, the Assistant Superintendent should consider whether other disciplinary interventions have been used by the school and/or would be successful in improving the student’s behavior. 

    3.     Alternative school assignments are not appealable pursuant to the student discipline appeal procedures found in Policy 5131.5.

     

    F.       Level VI. Long-term suspension. A principal may recommend to the Superintendent the long-term suspension of any student who has committed a serious violation of the Code of Student Conduct that either threatens the safety of students, staff, or school visitors or threatens to substantially disrupt the educational environment. 

    1.     The Superintendent delegates to the Assistant Superintendents for the Primary and Secondary Schools the authority to long-term suspend a student.

    2.     If the offense leading to the long-term suspension occurs before the final quarter of the school year, the exclusion shall be no longer than the remainder of the school year in which the offense was committed. 

    3.     If the offense leading to the long-term suspension occurs during the final quarter of the school year, the exclusion may include a period up to the remainder of the school year in which the offense was committed and the first semester of the following school year.

    4.     Students who are long-term suspended shall be offered alternative education services unless the Assistant Superintendent provides a significant or important reason for declining to offer such services. Depending on the circumstances, the following may be considered significant or important reasons to decline alternative education services:

                                                       i.     The student exhibits violent behavior.

                                                      ii.     The student poses a threat to staff or other students.

                                                    iii.     The student substantially disrupts the learning process.

                                                    iv.     The student otherwise engaged in serious misconduct that makes the provision of alternative educational services not feasible.

                                                      v.     The student failed to comply with reasonable conditions for admittance in to an alternative education program. 

    5.     If a teacher is assaulted or injured by a student and as a result the student is long-term suspended or reassigned to alternative education services, the student shall not be returned to that teacher’s classroom unless the teacher consents.

    6.     A long-term suspension is appealable pursuant to Policy 5131.5, Procedures for Student Discipline, however, an alternative education assignment in lieu of long-term suspension is not appealable pursuant to Policy 5131.5.

     

    G.      Level VII. 365-day suspension. A 365-day suspension is required when a student has brought or been in possession of a firearm or destructive device on educational property, or to a school-sponsored event off of educational property. 

    1.     The Assistant Superintendent may modify, in writing, the 365-day suspension for an individual student on a case-by-case basis.

    2.     The Assistant Superintendent shall not impose a 365-day suspension if he or she determines that the student took or received the firearm or destructive device from another person at school or found the firearm or destructive device at school, provided that the student delivered or reported the firearm or destructive device as soon as practicable to a law enforcement officer or a school employee and had no intent to use such firearm or destructive device in a harmful or threatening way.

    3.     Students who are suspended for 365 days shall be offered alternative education services unless the Assistant Superintendent provides a significant or important reason for declining to offer such services, as described in section III(F)(2) above. 

    4.     A 365-day suspension is appealable pursuant to Policy 5131.5, Procedures for Student Discipline.

     

    H.      Level VIII. Expulsion. Upon recommendation of the Superintendent or Assistant Superintendent,, the Board of Education may expel any student 14 years of age or older whose continued presence in school constitutes a clear threat to the safety of other students or school staff. Some of the behaviors constituting a clear threat to the safety of other students are described in Board Policy 5131(IX)(42).

    1.     The decision to expel a student must be based on clear and convincing evidence.

    2.     During the expulsion the student is not entitled to be present on any Winston-Salem/Forsyth County School property and is not considered a student of the WS/FCS.

    3.     An expulsion is appealable pursuant to Policy 5131.5, Procedures for Student Discipline.

    4.     A student with disabilities may be expelled only if the student’s IEP team determines the student’s misconduct was not caused by or related to the student’s disability as required by state and federal law. If a student with a disability is lawfully expelled, the school system shall continue to provide the student a FAPE, in a homebound or alternative school or program setting as required by state and federal regulations.

     

    I.        Lose Control/Lose your License.  As allowed by N.C.G.S. 20-11(n1), if a student is expelled, suspended for more than ten (10) consecutive days, or assigned to an alternative educational setting for more than ten (10) consecutive days, his/her drivers license or permit will be suspended for one year for any of the following offenses.

     

    a.     The possession or sale of an alcoholic beverage or an illegal controlled substance on school property or at a school activity off campus.

     

    b.     The bringing, possession, or use on school property or at a school activity off campus of a weapon or firearm resulting in disciplinary action under N.C.G.S. § 115C-391(d1) or that could have resulted in that disciplinary action if the conduct had occurred in a public school.

     

    c.     The physical assault on a teacher or other school personnel on school property or at a school activity off campus.

     

    IV.          Aiding or Assisting. A student shall not aid or assist another student to violate board policy, administrative regulation, school rules, or classroom rules. A student commits this offense if he or she knowingly advises, induces, encourages, aids or assists another student to commit an offense OR shares in the purpose of the act (to commit the offense) and aids or is in a position to aid the other student when the offense is committed. A student committing this offense may be disciplined in the same manner as those students actively committing the offense.

     

    V.        Aggravating and Mitigating Circumstances. When considering the appropriate sanction for specific student conduct, the Principal, Assistant Principal, or teacher should consider circumstances relating to the offense, including but not limited to the following:

    1.     The student’s age;

    2.     The student’s mental capacity;

    3.     The student’s intent;

    4.   The student’s disciplinary history;

    5.     The student’s academic history;

    6.     The potential benefits to the student of alternatives to suspension;

    7.     How the student’s misconduct impacted others;

    8.     Whether the student displayed an appropriate attitude and gave respectful cooperation during the investigation and/or after the offense occurred;

    9.     What other consequence(s) the student may be experiencing outside of school;

    10. What action the student and/or the student’s parent(s) have taken since the offense occurred.