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FILE:  JG-R
CRITICAL

 

STUDENT DISCIPLINE

 


The Student Code of Conduct is intended to be illustrative but not an exclusive listing of acts of misconduct and the consequences for each. The Student Code of Conduct is designed to foster student responsibility, respect for others, and to provide for the orderly operation of district schools. It is the purpose of this code to list certain offenses which, if committed by a student, will result in the imposition of a certain disciplinary action. Any conduct not included herein, or an aggravated circumstance of any offense or an action involving a combination of offenses may result in disciplinary consequences that extend beyond this code of conduct as determined by the principal, superintendent and/or Board of Education. Deviation from the disciplinary consequences set forth in this code of conduct shall be documented by the principal, superintendent and/or Board of Education. This code includes, but is not necessarily limited to, acts of students on school property, including playgrounds, parking lots and school transportation, or at a school activity, whether on or off school property, and acts of students off school property that cause a material and substantial disruption to the school environment.


Reporting to Law Enforcement


It is the policy of the Jefferson City School District to report all crimes occurring on school grounds to law enforcement, including, but not limited to, the crimes the district is required to report in accordance with law.


The following acts, regardless of whether they are committed by juveniles, are subject to this reporting requirement:

 

1.         First or second degree murder under §§ 565.020, .021, RSMo.

2.         Voluntary or involuntary manslaughter under § 565.023, .024, RSMo.

3.         Kidnapping under § 565.110, RSMo.

4.         First, second or third degree assault under §§ 565.050, .060, .070, RSMo.

5.         Sexual assault or deviate sexual assault under §§ 566.040, .070, RSMo.

6.         Forcible rape or sodomy under §§ 566.030, .060, RSMo.

7.         Burglary in the first or second degree under §§ 569.160, .170, RSMo.

8.         Robbery in the first degree under § 569.020, RSMo.

9.         Possession of a weapon under chapter 571, RSMo.

10.       Distribution of drugs under §§ 195.211, .212, RSMo.

11.       Arson in the first degree under § 569.040, RSMo.

12.       Felonious restraint under § 565.120, RSMo.

13.       Property damage in the first degree under § 569.100, RSMo.

14.       Child molestation in the first degree pursuant to § 566.067, RSMo.

15.       Sexual misconduct involving a child pursuant to § 566.083, RSMo.

16.       Sexual abuse pursuant to § 566.100, RSMo.

17.       Harassment under § 565.090, RSMo.

18.       Stalking under § 565.225, RSMo.


The principal shall also notify the appropriate law enforcement agency and superintendent if a student is discovered to possess a controlled substance or weapon in violation of the district's policy.


In addition, the superintendent shall notify the appropriate division of the juvenile or family court upon suspension for more than ten days or expulsion of any student who the district is aware is under the jurisdiction of the court.


Documentation in Student's Discipline Record


The principal, designee or other administrators or school staff will maintain all discipline records as deemed necessary for the orderly operation of the schools. In addition, any offense that constitutes a "serious violation of the district's discipline policy" must be documented in the student's discipline record in accordance with law. Policy JGF defines a "serious violation of the district's discipline policy" as one or more of the following acts if committed by a student enrolled in the district:

 

1.         Any act of school violence or violent behavior.

 

2.         Any offense that occurs on school property, on school transportation or at any school activity and that is required by law to be reported to law enforcement officials.

 

3.         Any offense that results in an out-of-school suspension for more than ten school days.


Prohibition against Being on or near School Property during Suspension


All students who are suspended or expelled are prohibited from being on school property for any reason unless permission is granted by the superintendent or designee.


Any student who is suspended for any offenses listed in § 160.261, RSMo., or any act of violence or drug-related activity defined by policy JGF as a serious violation of school discipline shall not be allowed to be within 1,000 feet of any public school in the district unless one of the following conditions exist:

 

1.         The student is under the direct supervision of the student's parent, legal guardian or custodian.

 

2.         The student is under the direct supervision of another adult designated by the student's parent, legal guardian or custodian, in advance, in writing, to the principal of the school that suspended the student.

 

3.         The student is in an alternative school that is located within 1,000 feet of a public school in the district.

 

4.         The student resides within 1,000 feet of a public school in the district and is on the property of his or her residence.


If a student violates this prohibition he or she may be subject to additional discipline, including suspension or expulsion, in accordance with the offense, "Failure to Meet Conditions of Suspension," listed below.


Prohibited Conduct


The following are descriptions of prohibited conduct as well as potential consequences for violation. In addition to the consequences specified here, school officials will notify law enforcement and document violations in the student's discipline file pursuant to law and Board policy.


Arson – Starting or attempting to start a fire or causing or attempting to cause an explosion.


First Offense:

Principal/Student conference, detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion. Restitution if appropriate.

Subsequent Offense:

1-180 days out-of-school suspension or expulsion. Restitution if appropriate.


Assault

 

1.         Hitting, striking and/or attempting to cause injury to another person; placing a person in reasonable apprehension of imminent physical injury; physically injuring another person.


First Offense:

Principal/Student conference, detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

Subsequent Offense:

In-school suspension, 1-180 days out-of-school suspension, or expulsion.

 

2.         Attempting to kill or cause serious physical injury to another; killing or causing serious physical injury to another.


First Offense:

Expulsion.


Automobile/Vehicle Misuse – Uncourteous or unsafe driving on or around school property, unregistered parking, failure to move vehicle at the request of school officials, failure to follow directions given by school officials or failure to follow established rules for parking or driving on school property.


First Offense:

Principal/Student conference, suspension or revocation of parking privileges, detention, in-school suspension, or 1-10 days out-of-school suspension.

Subsequent Offense:

Revocation of parking privileges, detention, in-school suspension, or 1-180 days out-of-school suspension.


Bullying (see Board policy JFCF) – Intimidation, harassment and attacks on a student or multiple students, perpetuated by individuals or groups. Bullying includes, but is not limited to: physical violence, verbal taunts, name-calling and put-downs, threats, extortion or theft, damaging property, cyberbullying, and exclusion from a peer group.


First Offense:

Principal/Student conference, detention, in-school suspension, or 1-180 days out-of-school suspension or expulsion.

Subsequent Offense:

1-180 days out-of-school suspension or expulsion.


Bus or Transportation Misconduct (see Board policy JFCC) – Any offense committed by a student on, while waiting for, or entering transportation provided by or through the district shall be punished in the same manner as if the offense had been committed at the student's assigned school. In addition, transportation privileges may be suspended or revoked.


Dishonesty – Any act of lying, whether verbal or written, including forgery.


First Offense:

Nullification of forged document. Principal/Student conference, detention, in-school suspension, or 1-10 days out-of-school suspension.

Subsequent Offense:

Nullification of forged document. Detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.


Disrespect to Staff (see Board policy AC if illegal harassment or discrimination are involved) – Willful or continued willful disobedience of a directive or request by a district staff member or disrespectful verbal, written, pictorial, or symbolic language or gesture that is directed at a district staff member and that is rude, vulgar, defiant, in violation of district policy or considered inappropriate in educational settings.


First Offense:

Principal/Student conference, detention, in-school suspension, or 1-10 days out-of-school suspension.

Subsequent Offense:

Detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.


Disruptive Conduct or Speech (see Board policy AC if illegal harassment or discrimination is involved) – Verbal, written, pictorial or symbolic language or gesture that is directed at any person and that is disrespectful, rude, vulgar, defiant, in violation of district policy or considered inappropriate in educational settings or that materially and substantially disrupts classroom work, school activities or school functions. Students will not be disciplined for speech in situations where it is protected by law.


First Offense:

Principal/Student conference, detention, in-school suspension, or 1-10 days out-of-school suspension.

Subsequent Offense:

Detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.


Drugs/Alcohol (see Board policies JFCH and JHCD)

 

1.         Possession, sale, purchase or distribution of any over-the-counter drug, herbal preparation or imitation drug or herbal preparation.


First Offense:

Principal/Student conference, in-school suspension or 1-180 days out-of-school suspension.

Subsequent Offense:

1-180 days out-of-school suspension or expulsion.

 

2.         Possession, use of, or attendance while under the influence of or soon after consuming any unauthorized prescription drug, alcohol, narcotic substance, unauthorized inhalants, controlled substances, illegal drugs, counterfeit drugs, imitation controlled substances or drug-related paraphernalia.


First Offense:

Principal/Student conference, in-school suspension, 1-180 days out-of-school suspension.

Subsequent Offense:

1-180 days out-of-school suspension or expulsion.

 

3.         Sale, purchase, transfer or distribution of any prescription drug, alcohol, narcotic substance, unauthorized inhalants, controlled substances, illegal drugs, counterfeit drugs, imitation controlled substances or drug-related paraphernalia.


First Offense:

Expulsion.


Extortion – Threatening or intimidating any person for the purpose of obtaining money or anything of value.


First Offense:

Principal/Student conference, detention, in-school suspension, or 1-10 days out-of-school suspension.

Subsequent Offense:

In-school suspension, 1-180 days out-of-school suspension, or expulsion.


Failure to Meet Conditions of Suspension – Coming within 1,000 feet of any public school in the district while on suspension for an offense that requires reporting to law enforcement or for an act of school violence or drug-related activity defined by district policy as a serious violation of the district's discipline policy. See section of this regulation entitled, "Prohibition against Being on or near School Property during Suspension."


In determining whether to suspend or expel a student, consideration shall be given to whether the student poses a threat to the safety of any child or school employee and whether the student's presence within 1,000 feet of the school is disruptive to the educational process or undermines the effectiveness of the school's disciplinary policy.


First Offense:

Verbal warning, detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

Subsequent Offense:

Verbal warning, detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.


False Alarms (see also "Threats or Verbal Assaults") – Tampering with emergency equipment, setting off false alarms, making false reports; communicating a threat or false report for the purpose of frightening, disturbing, disrupting or causing the evacuation or closure of school property.


First Offense:

Restitution. Principal/Student conference, detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

Subsequent Offense:

Restitution. In-school suspension, 1-180 days out-of-school suspension, or expulsion.


Fighting (see also, "Assault") – Mutual combat in which both parties have contributed to the conflict either verbally or by physical action.


First Offense:

Principal/Student conference, detention, in-school suspension, or 1-180 days out-of-school suspension.

Subsequent Offense:

In-school suspension, 1-180 days out-of-school suspension, or expulsion.


Harassment/Discrimination (see Board policy AC) – Use of verbal, written or symbolic language based on race, color, religion, sex, national origin, ancestry, disability, age or any other characteristic that has the purpose or effect of unreasonably interfering with a student’s educational environment or creates an intimidating, hostile or offensive educational environment. Examples of illegal harassment include, but are not limited to, graffiti, display of written material or pictures, name calling, slurs, jokes, gestures, threatening, intimidating or hostile acts, theft or damage to property.


First Offense:

Principal/Student conference, detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

Subsequent Offense:

In-school suspension, 1-180 days out-of-school suspension, or expulsion.


Hazing (see Board policy JFCF) – Any activity that a reasonable person believes would negatively impact the mental or physical health or safety of a student or put the student in a ridiculous, humiliating, stressful or disconcerting position for the purposes of initiation, affiliation, admission, membership or maintenance of membership in any group, class, organization, club or athletic team including, but not limited to, a grade level, student organization or school-sponsored activity. Hazing may occur even when all students involved are willing participants.


First Offense:

Principal/Student conference, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

Subsequent Offense:

1-180 days out-of-school suspension or expulsion.


Public Display of Affection – Physical contact that is inappropriate for the school setting including, but not limited to, kissing and groping.


First Offense:

Principal/Student conference, detention, in-school suspension, or 1-180 days out-of-school suspension.

Subsequent Offense:

Detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.


Sexual Harassment/Discrimination (see Board policy AC)

 

1.         Use of unwelcome verbal, written or symbolic language based on gender or of a sexual nature that has the purpose or effect of unreasonably interfering with a student's educational environment or creates an intimidating, hostile or offensive educational environment. Examples of sexual harassment include, but are not limited to, sexual jokes or comments, requests for sexual favors and other unwelcome sexual advances.


First Offense:

Principal/Student conference, detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

Subsequent Offense:

In-school suspension, 1-180 days out-of-school suspension, or expulsion.

 

2.         Unwelcome physical contact based on gender or of a sexual nature when such conduct has the purpose or effect of unreasonably interfering with a student's educational performance or creates an intimidating, hostile or offensive educational environment. Examples include, but are not limited to, touching or fondling of the genital areas, breasts or undergarments, regardless of whether or not the touching occurred through or under clothing.


First Offense:

Principal/Student conference, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

Subsequent Offense:

1-180 days out-of-school suspension or expulsion.


Sexual Misconduct – Exposing of body parts to another individual including, but not limited to, possession, transfer or exposure of images, electronic or otherwise, of the body parts or sexually explicit images of oneself or others, and/or initiating or participating in an act of a sexual nature.


First Offense:

Principal/Student conference, detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

Subsequent Offense:

In-school suspension, 1-180 days out-of-school suspension, or expulsion.


Technology Misconduct (See Board policy EHB and regulation EHB-R)

 

1.         Unauthorized use of cellular telephones, personal computers, or unauthorized use of electronic devices during instructional time.


First Offense:

Teacher/Student conference, temporary confiscation of device, and/or detention.

Subsequent Offense:

Teacher/Student conference, principal/student conference, temporary confiscation of device, detention, or 1-180 days out-of-school suspension.

 

2.         Attempting, regardless of success, to gain unauthorized access to technology system or information; to use district technology to connect to other systems in evasion of the physical limitations of the remote system; to copy district files without authorization; to interfere with the ability of others to utilize district technology; to secure a higher level of privilege without authorization; to introduce computer "viruses," "hacking" tools, or other disruptive/destructive programs onto or using district technology; or to evade or disable a filtering/blocking device.


First Offense:

Restitution. Principal/Student conference, loss of user privileges, detention, in-school suspension, or 1-180 days out-of-school suspension.

Subsequent Offense:

Restitution. Loss of user privileges, 1-180 days out-of-school suspension, or expulsion.

 

3.         Violation other than those listed in (2) or of Board policy EHB and regulation EHB-R, administrative procedures or netiquette rules governing student use of district technology.


First Offense:

Restitution. Principal/Student conference, detention, in-school suspension, or 1-180 days out-of-school suspension.

Subsequent Offense:

Restitution. Loss of user privileges, in-school suspension, 1-180 days out-of-school suspension, or expulsion.


Theft – Theft, attempted theft or knowing possession of stolen property.


First Offense:

Return of or restitution for property. Principal/Student conference, detention, in-school suspension, or 1-180 days out-of-school suspension.

Subsequent Offense:

Return of or restitution for property. 1-180 days out-of-school suspension or expulsion.


Threats or Verbal Assault – Verbal, written, pictorial or symbolic language or gestures that create a reasonable fear of physical injury or property damage. Threats by students, whether made on campus or off school grounds, which constitute a “true threat” against the district, its students or employees, will be immediately reported to law enforcement officials and will subject the student to suspension and a possible referral for expulsion. The definition of “true threat” shall be construed in accordance with applicable law and encompasses those statements that a reasonable recipient would view as a serious threat of violence or death.


First Offense:

Principal/Student conference, detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

Subsequent Offense:

In-school suspension, 1-180 days out-of-school suspension, or expulsion.


Tobacco

 

1.         Possession of any tobacco products on school grounds, school transportation or at any school activity.


First Offense:

Confiscation of tobacco product. Principal/Student conference, detention, or in-school suspension.

Subsequent Offense:

Confiscation of tobacco product. Detention, in-school suspension, or 1-10 days out-of-school suspension.

 

2.         Use of any tobacco products on school grounds, school transportation or at any school activity.


First Offense:

Confiscation of tobacco product. Principal/Student conference, detention, in-school suspension, or 1-3 days out-of-school suspension.

Subsequent Offense:

Confiscation of tobacco product. In-school suspension or 1-10 days out-of-school suspension.


Truancy (see Board policy JEDA) – Absence from school without the knowledge and consent of parents/guardians and/or the school administration; excessive non-justifiable absences, even with the consent of parents/guardians.


First Offense:

Principal/Student conference, detention, or 1-3 days in-school suspension.

Subsequent Offense:

Detention or 3-10 days in-school suspension.


Unauthorized Entry – Entering or assisting any other person to enter a district facility, office, locker, or other area that is locked or not open to the general public; entering or assisting any other person to enter a district facility through an unauthorized entrance; assisting unauthorized persons to enter a district facility through any entrance.


First Offense:

Principal/Student conference, detention, in-school suspension, or 1-180 days out-of-school suspension.

Subsequent Offense:

1-180 days out-of-school suspension or expulsion.


Vandalism (see Board policy ECA) – Willful damage or the attempt to cause damage to real or personal property belonging to the school, staff or students.


First Offense:

Restitution. Principal/Student conference, detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

Subsequent Offense:

Restitution. In-school suspension, 1-180 days out-of-school suspension, or expulsion.


Weapons (see Board policy JFCJ)

 

1.         Possession or use of any instrument or device, other than those defined in 18 U.S.C. § 921, 18 U.S.C. § 930(g)(2) or § 571.010, RSMo, which is customarily used for attack or defense against another person; any instrument or device used to inflict physical injury to another person.


First Offense:

Principal/Student conference, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

Subsequent Offense:

1-180 days out-of-school suspension or expulsion.

 

2.         Possession or use of a firearm as defined in 18 U.S.C. § 921 or any instrument or device defined in § 571.010, RSMo., or any instrument or device defined as a dangerous weapon in 18 U.S.C. § 930(g)(2)


First Offense:

One calendar year suspension or expulsion, unless modified by the Board upon recommendation by the superintendent.

Subsequent Offense:

Expulsion.


* * * * * * *


In the event of a discrepancy between an administrative procedure and a Board policy, the Board policy will take precedence.


Note:  The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.

 

Adopted:         09/10/1990

 

Revised:          10/07/2002; 12/13/2004; 10/10/2005; 06/14/2010; 08/10/2010; 06/12/2012

 

MSIP Refs:     6.6


 

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For Office Use Only: JG-R.JFC (12/08)

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