Gompers Elementary School • 1502 Wyoming Way, Madison, WI ...

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2) ALCOHOL AND DRUGS: 420. Sharing or transferring possession of alcohol, any illegal drug, or any controlled substance between/among two or more people; or possessing any controlled substance, or illegal drug, with evidence of intent to transfer the substance or drug to another person or to participate in a drug transaction: The student shall be suspended for five days and may be recommended for expulsion. 3) INTENTIONAL USE OF FORCE DIRECTLY AGAINST OR AFFECTING A STAFF MEMBER OF MMSD OR A NON-STAFF MEMBER ADULT WHO IS LEGITIMATELY EXERCISING SUPERVISORY AUTHORITY AT SCHOOL OR DURING ANY SCHOOL ACTIVITY: 431. Preschool-2nd Grade: Discretion of the Principal shall be used for the first offense in which the Principal may have a parent conference, suspend the student, provide counseling to the student, etc. For 2nd and subsequent offenses, the Principal may suspend the student and may recommend expulsion. If there is a recommendation for expulsion, the student shall be suspended for five days. 432. Third-5th Grade: Automatic suspension up to three (3) days. The Principal may recommend expulsion for 2nd and subsequent offenses. If there is a recommendation for expulsion, the student shall be suspended for five days. 4) BOMB THREAT/EXPLOSIVE DEVICE: 441. Making a bomb threat, or threatening to set off an explosive device, when the pupil does not actually have a bomb or explosive device, and where there was no significant safety risk or loss of instructional time. Student may be subject to a suspension for up to five days. 442. Possession of a bomb or explosive device, making a bomb threat, or threatening to set off an explosive device, while in actual possession of a bomb, or other explosive device; or attempting to, or actually detonating a bomb or other explosive device; or making a bomb threat which causes significant safety risk or loss of instructional time even if student is not in possession of such device. Student shall be suspended for five days and recommended for expulsion. BOE Revised: 07/14/2008 2008-09 Elementary Student/Parent Handbook 28
“Aggravating factors” that will Lead to Expulsion from School Under the Student Conduct and Discipline Plan, the School Board has stated that a Principal may recommend the expulsion of a student for any violation of a “Level III” rule. Students should be aware that middle school and high school Principals will be make recommendations for expulsion for any violation of a “Level III” rule where any of the following “aggravating factors” are determined to be present: 1. Bodily Injury: The issue is whether significant bodily injury was sustained by anyone as a consequence of the student misconduct. By “significant” we mean bodily injury that: (1) requires a referral for medical care that is beyond the care that is normally provided by staff at a school health office, or (2) the injured person subsequently secures treatment from a health care provider, within Forty-eight (48) hours of the incident, for a serious bodily injury that resulted from the student misconduct. “Serious injuries include, but are not limited to: a fracture, dislocation, traumatic brain injury, internal organ damage, spinal injury, and dental injury. Examples of non-serious bodily injuries, subsequently treated, include but are not limited to: sprains or strains, bruises, minor cuts.” 2. Property Damage or Loss: The issue is whether a significant damage to or loss of property occurred. By “significant” we mean the damage to or loss of property had a value in excess of $1,000.00 (measured at repair or replacement costs). 3. Loss of Instructional Time: The issue is whether students experienced a significant loss of instructional time. By “significant” we mean that the aggregate amount of loss instructional time for all students affected equals or exceeds 50 hours (i.e., a school with 200 students enrolled experiences a bomb threat and the building is evacuated and all 200 students are outside of the school and no instruction occurs for a total of 15 minutes for each student - the aggregate amount of loss instructional time is 50 hours). 4. Criminal Conduct: If at the conclusion of a police investigation into pupil misconduct the police determine that charges should be referred to the District Attorney’s Office for a crime classified as a Class A Misdemeanor or greater, then said behavior satisfies the definition of “criminal conduct” for purposes of an aggravating factor. 5. Misconduct that Endangers the Health, Safety or Property of a School, the School District or Students or Staff Not Covered by Factors One Through Four Above: The issue is whether the pupil’s behavior is egregious, and of a nature not covered by any of the “aggravating factors” numbered one through four above. If the answer is yes, the Principal will utilize this “aggravating factor” as the basis to recommend the pupil for expulsion. The five “aggravating factors” listed above are also used to determine the recommendation that the school will make for the length of an expulsion. The more serious the conduct, the longer the period that the student can expect to serve under his/her expulsion. Repeated Violations of School Rules can Lead to Expulsion Students who break multiple rules over the course of a school year may also be recommended for expulsion under Rule 312, even when there were no “aggravating factors” associated with the individual incidents. All students should be aware that they are risking possible expulsion from school any time their record shows repeated violations of “Level III” and/or “Level IV” rules. 2008-09 Elementary Student/Parent Handbook 29
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Gompers Elementary School • 1502 Wyoming Way, Madison, WI ...

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