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Student Handbook - Hoosic Valley Central School

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Such conduct shall include but is not limited to threats, intimidation, or abuse based on a<br />

person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious<br />

practice, disability, sexual orientation, gender or sex; provided nothing in this subdivision shall<br />

be construed to prohibit a denial of admission into, or exclusion from, a course of instruction<br />

based on a persons’ gender that would be permissible under Education Law sections 3201-a or<br />

2854(2)(a) and Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), or<br />

to prohibit, as discrimination based on disability, actions that would be permissible under<br />

Section 504 of the Rehabilitation Act of 1973.<br />

“Sexual Orientation” means actual or perceived heterosexuality, homosexuality, bisexuality<br />

(Education Law §11[5]).<br />

“Gender” means actual or perceived sex and shall include a person’s gender identity and<br />

expression (Education Law §11[6]).<br />

“Emotional Harm” that takes place in the context of “harassment or bullying” means harm to a<br />

student’s emotional wellbeing through creation of a hostile school environment that is so severe<br />

or pervasive as to unreasonably and substantially interfere with a student’s education.<br />

"Violent <strong>Student</strong>" means a student under the age of 21 whom:<br />

a) Commits an act of violence upon a school employee, or attempts to do so.<br />

b) Commits, while on school property or at a school function, an act of violence upon<br />

another student or any other person lawfully on school property or at the school function,<br />

or attempts to do so.<br />

c) Possess, while on school property or at a school function, a weapon.<br />

d) Displays, while on school property or at a school function, what appears to be a weapon.<br />

e) Threatens, while on school property or at a school function, to use a weapon.<br />

f) Knowingly and intentionally damages or destroys the personal property of any school<br />

employee or any person lawfully on school property or at a school function.<br />

g) Knowingly and intentionally damages or destroys school district property.<br />

"Weapon" means a firearm as defined in 18 USC §921 for purposes of the Gun-Free <strong>School</strong>s Act.<br />

It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised<br />

gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles, sling shot,<br />

metal knuckle knife, box cutters, cane sword, electronic dart gun, Kung Fu star, electronic stun<br />

gun, pepper spray or other noxious spray, incendiary bomb, ammunition, imitation ammunition<br />

or exploding substances, or other device, instrument, material or substance that can cause<br />

physical injury or death when used to cause physical injury or death.<br />

“Controlled Substance” means a drug or other substance identified in certain provisions of the<br />

federal Controlled Substances Act specified in both federal and state law and regulations<br />

applicable to this policy.<br />

“Illegal Drugs” means a controlled substance except for those legally possessed or used under<br />

the supervision of a licensed health-care professional or that is legally possessed or used under<br />

any other authority under the Controlled Substances Act or any other federal law. Illegal drugs<br />

include but are not limited to alcohol, inhalants, marijuana, cocaine, LSD, PCP, amphetamines,<br />

heroin, steroids, synthetic and look-alike drugs.<br />

“Synthetic Drugs” (whether illegal or labeled for human consumption) are designed to mimic the<br />

intended effects and usages of substances which are chemically similar to those controlled by<br />

state and local law.<br />

13<br />

<strong>Hoosic</strong> <strong>Valley</strong> <strong>Central</strong> <strong>School</strong> District

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