Conduct and Discipline Aids or abets in <strong>the</strong> infliction or attempted infliction <strong>of</strong> physical injury on ano<strong>the</strong>r person (Suspension only unlesscourt makes a specific finding) Bullying directed toward a student or school personnel to include by means <strong>of</strong> an electronic act (grades 4-8)Sequence <strong>of</strong> ActionsOne referralPrincipal/teacher/student/parent conference1-5 day suspension with, when appropriate or as required:notice/referral to law enforcement and referral to appropriate agencyTwo referralsThree referrals2-5 day suspension with, when appropriate or as required:notice/referral to law enforcement and referral to appropriate agency3-5 day suspension with, when appropriate or as required:notice/referral to law enforcement (Juvenile Division) and referral to appropriate agencyReferral to Administrative Hearing Panel with recommendation for expulsion (total removalfrom school) if o<strong>the</strong>r means <strong>of</strong> correction are not feasible, or o<strong>the</strong>r means <strong>of</strong> correction havefailed to bring about proper conduct, or due to <strong>the</strong> nature <strong>of</strong> <strong>the</strong> violation, <strong>the</strong> presence <strong>of</strong> <strong>the</strong>student causes a continuing danger to physical safety <strong>of</strong> <strong>the</strong> student or o<strong>the</strong>rs.Disruptive Behavior D Caused, attempted to cause or threatened to cause physical injury to ano<strong>the</strong>r person Willfully used force or violence upon <strong>the</strong> person <strong>of</strong> ano<strong>the</strong>r, except in self-defense Caused serious physical injury to ano<strong>the</strong>r person, except in self-defense Made terrorist threats against school <strong>of</strong>ficials or school property or both Committed or attempted to commit robbery or extortion Unlawfully <strong>of</strong>fered, arranged to sell, negotiated to sell, or sold <strong>the</strong> prescription drug Soma Unlawfully <strong>of</strong>fered, arranged or negotiated to sell and delivered a “look alike” represented as a controlledsubstance, alcoholic beverage or intoxicant Unlawfully possessed, took, administered or under <strong>the</strong> influence <strong>of</strong> any controlled substance Assault or battery on any school employee Possessed, sold, or o<strong>the</strong>rwise furnished any knife, explosive or o<strong>the</strong>r dangerous object Unlawfully possessed, sold, furnished, used or under <strong>the</strong> influence <strong>of</strong> an alcohol beverage or intoxicantSequence <strong>of</strong> Actions:One referral Principal/teacher/student/parent conferenceNotice/referral to law enforcement and referral to appropriate agency when applicable or asrequired:5 day suspensionUnless <strong>the</strong> principal or Superintendent finds that <strong>the</strong> expulsion is inappropriate, mandatoryreferral to Administrative Hearing Panel with recommendation for expulsion (total removalfrom school) if o<strong>the</strong>r means <strong>of</strong> correction are not feasible or o<strong>the</strong>r means <strong>of</strong> correction havefailed to bring about proper conduct or due to <strong>the</strong> nature <strong>of</strong> <strong>the</strong> violation, <strong>the</strong> presence <strong>of</strong> <strong>the</strong>student causes a continuing danger to physical safety <strong>of</strong> <strong>the</strong> student or o<strong>the</strong>rs.Disruptive Behavior EA principal must immediately suspend and recommend a student for expulsion for <strong>the</strong> following acts committed atschool or at a school activity: Brandished a knife at ano<strong>the</strong>r person Possessed, sold or o<strong>the</strong>rwise furnished a firearm Unlawfully selling a controlled substance Committed or attempted to commit a sexual assault or committed a sexual battery Possessed an explosive as defined in federal law48
Sequence <strong>of</strong> Actions:One referral Principal/teacher/student/parent conferenceNotice/referral to law enforcement and referral to appropriate agency when applicable or asrequired:5 day suspensionMandatory referral to Administrative Hearing PanelEducation Code 35291, 35291.5, 48900, 48980, 48915, Board Policies 300.27, 601.1, 601.3, 601.4, 601.6, 601.7,601.11, 601.12, 601.13, 603.2, 606.6Suspended/Expelled Students Excluded from <strong>School</strong> and <strong>School</strong> EventsFor <strong>the</strong> period <strong>of</strong> time a student has been suspended or expelled, <strong>the</strong> student shall not willfully or knowingly enter <strong>the</strong>school campus without written permission <strong>of</strong> <strong>the</strong> principal. Suspended and expelled students are excluded from allschool-related extracurricular activities during <strong>the</strong> period <strong>of</strong> suspension or expulsion.Community ServiceAs part <strong>of</strong> or instead <strong>of</strong> disciplinary action, <strong>the</strong> principal or principal’s designee may, at his/her discretion, require astudent to perform community service on school grounds, or with written permission <strong>of</strong> <strong>the</strong> student’s parent/guardian<strong>of</strong>f school grounds, during non-school hours. Such service may include, but is not limited to, community or schooloutdoor beautification, campus betterment, and teacher, peer or youth-assistance programs.Education Code 48900.6Waiver <strong>of</strong> an Administrative Hearing Concerning a Recommendation for ExpulsionCertain disruptive behaviors outlined in <strong>the</strong> discipline code result in a recommendation for a student’s expulsion.Expulsion is <strong>the</strong> total removal <strong>of</strong> a student from <strong>the</strong> regular, comprehensive school program. Students have <strong>the</strong> right toan administrative “hearing” if accused <strong>of</strong> serious misconduct and recommended for expulsion. During <strong>the</strong> hearing,witnesses for both sides present facts about <strong>the</strong> alleged misconduct before an administrative hearing panel. Theadministrative hearing panel <strong>the</strong>n recommends an action, which may include expulsion, to <strong>the</strong> BCSD governing board.A parent or legal guardian may request a Student Services administrator to arrange for a waiver <strong>of</strong> <strong>the</strong> right to anexpulsion hearing unless <strong>the</strong> student misconduct requires a mandatory recommendation for expulsion or <strong>the</strong> principal orSupervisor <strong>of</strong> Student Services determines for cause, a waiver <strong>of</strong> <strong>the</strong> administrative hearing is inappropriate. For awaiver request to be accepted by <strong>the</strong> district, <strong>the</strong> parent and student must admit <strong>the</strong> student’s behavior occurred, <strong>the</strong>behavior was a clear violation <strong>of</strong> <strong>the</strong> Education Code and school regulations, and parent/student must intentionallyrelinquish <strong>the</strong> rights to an administrative hearing. Completion <strong>of</strong> a waiver also requires acceptance <strong>of</strong> <strong>the</strong> conditions tobe set forth by a district administrative hearing <strong>of</strong>ficer. If your student has been recommended for expulsion and youwant to determine if a waiver <strong>of</strong> <strong>the</strong> pending expulsion hearing may be possible, call <strong>the</strong> Education Center and ask tospeak with a <strong>District</strong> Administrative Hearing Officer (Telephone No. 631-4639).Sexual Harassment - Of or By A StudentConduct and DisciplineCalifornia law and Board policy prohibits sexual harassment <strong>of</strong> students by o<strong>the</strong>r students, employees or o<strong>the</strong>r persons, atschool or at school-sponsored or school-related activities. Retaliatory behavior or action against persons who complain,testify, assist or o<strong>the</strong>rwise participate in <strong>the</strong> complaint process is also prohibited. Students in grades 4-8 may besuspended or expelled from school for engaging in unlawful sexual harassment. Sexual harassment includesunwelcomed sexual advances, requests for sexual favors and o<strong>the</strong>r verbal, visual or physical conduct <strong>of</strong> a sexual naturewhich negatively impacts a student’s academic performance or creates an intimidating, hostile or <strong>of</strong>fensive environmentin <strong>the</strong> school. Sexual harassment may also involve conduct, whe<strong>the</strong>r blatant or subtle, that discriminates against a personsolely because <strong>of</strong> that person’s gender.A student shall promptly report to <strong>the</strong> principal <strong>of</strong> <strong>the</strong> school he/she attends incidents thought to be sexual harassment. If<strong>the</strong> principal determines unlawful sexual harassment has been committed, disciplinary action will be taken. If asituation involving sexual harassment is not promptly investigated and remedied by <strong>the</strong> principal or designee, a complaint<strong>of</strong> harassment may be filed in accordance with <strong>the</strong> <strong>District</strong>’s uniform complaint procedures. A copy <strong>of</strong> <strong>the</strong>49