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Classification of Violations

Violations of the Student Code of Conduct are grouped into three classes: minor, intermediate, and major. Each classification is assigned a disciplinary procedure, which shall be followed by the administrator or designee, who shall hear the student’s explanation and consult further with school personnel, if necessary, before determining classification of the violation. Each teacher will deal with classroom disruption with in-class disciplinary action, following the school’s Three-Tiered Plan for behavior. Only when the action taken by the teacher is ineffective or the disruption is severe should the student be referred to the administrator or designee for formal disciplinary action and documentation in the Aspire Student Information System.

Minor Offenses - Class I

1.01Disruptive Behavior

Disruptive behavior is an action or behavior that disrupts the orderly education process in the classroom or other school function. “Disruption” will be defined by the teacher and/or school.

1.02Intentionally Providing False Information

Intentionally providing false information to a District employee which includes but is not limited to student informational data, information directly related to school business, forged parent notes, etc.

1.03Using Profane or Obscene Language, Conduct, or Gestures

Using profane or obscene language, conduct or gestures of a non-sexual nature. Language, conduct, or gestures dealing with a sexual nature are a Class III offense (see 3.13).

1.04Electronic Device

Cellular phones and other devices must remain out of sight and turned off during instruction time, unless otherwise directed by the teacher or administrator. A fine of $25.00 for the first offense will be imposed. All subsequent confiscations will be subject to a $50.00 fine.

1.05Theft

Taking another person’s property without permission

1.06Other

Any other violation which the administrator or designee reasonably deems to fall within this category.

Class I Disciplinary Actions: Elementary Students

First Offense:Parental contact and possible conference. School will follow the Three-Tiered Plan for behavior

Subsequent Offenses:Parental contact, disciplinary action such as loss of privileges, in-school or out-of-school suspension. School will follow the Three-Tiered Plan for behavior.

Class I Disciplinary Actions: Secondary Students

First Offense:Parental contact and possible conference. School will follow the Three-Tiered Plan for behavior.

Subsequent Offenses:Parental contact, disciplinary action such as loss of privileges, in-school or out-of-school suspension. School will follow the Three-Tiered Plan for behavior.

Intermediate Offenses - Class II

2.01Bullying

Carbon School District Policy 541.1.2 defines bullying as “aggressive behavior that is intended to cause distress and harm, exists in a relationship where there is an imbalance of power and strength, and is repeated over time”. Subsequent offenses will move from a Class II offense to a Class III.

2.02Harassment

Carbon School District Policy 547.12: "Harassment" means repeatedly communicating to another individual, in an objectively demeaning or disparaging manner, statements that contribute to a hostile learning or work environment for the individual.

2.02Fighting

Any physical conflict between two or more individuals.

2.03Threats

Verbal, written, or digital communication which maliciously threatens injury to the person, property or reputation of any other person.

2.04 Trespassing

Willfully entering or remaining in any structure, conveyance, or property without being authorized, licensed or invited, or having been warned by an authorized person to stay off property or structure, depart, or refusing to do so. Failing to comply will result in a referral to law enforcement.

2.05Possession of Non-Lethal or Look-Alike Weapons

Students in possession or using any non-lethal or look-alike weapon which could be used to provoke fear, intimidation, or harm to others.

2.06Imitation Controlled Substances

Policy 547.3.2 “includes imitation controlled substance, defined as “Imitation controlled substance" means a substance designed or packaged to substantially resemble any legally or illegally manufactured controlled substance, but that is not a controlled substance; or represented to be any legally or illegally manufactured controlled substance.

2.07Inciting to Riot or Unapproved Assembly

Inciting to riot or unapproved assembly including students who are observing or promoting such a gathering.

2.08Recording Student Altercations or Illegal Acts

Students recording student altercations or illegal acts on a personal device.

2.09Possession of Tobacco Products

The use, possession and/or distribution of tobacco products.

2.10Other

Any other violation which the administrator or designee reasonably deems to fall within this category.

Class II Disciplinary Actions

When behavior is a violation of the law whether the student is elementary or secondary, the appropriate administrator or designee shall report the offense to the appropriate law enforcement.

Class II Disciplinary Actions: Elementary Students

First Offense:Parental contact and disciplinary action such as in-school suspension, behavioral conference, restitution, etc. School will follow the Three-Tiered Plan for behavior.

Subsequent Offenses:Parental conference, disciplinary action such as in-school suspension, behavioral conference, out-of-school suspension for 1-10 days. School will follow the Three-Tiered Plan for behavior.

Class II Disciplinary Actions: Secondary Students

First Offense:Parental conference and in-school or out-of-school suspension for 1-10 school days, possible enrollment in prevention and/or social skill program(s). School will follow the Three-Tiered Plan for behavior.

Subsequent Offenses:Parent conference and suspension for 1-10 school days and/or other disciplinary action deemed appropriate by the administrator or designee. School will follow the Three-Tiered Plan for behavior.

Major Offenses - Class III

Class III Offenses will result in an automatic referral which be documented in the Aspire Student Information System as well as referral to law enforcement for possible criminal charges.

3.01Hazing

Carbon School District Policy 547.13 defines hazing and includes but is not limited to: forced or coerced actions or activities of a sexual nature, physically obstruction a school employee’s or student’s freedom to move, initiating or admitting into any school or school sponsored team, organization, program, or event.

3.02Assault

Carbon School District Policy 538.1 defines assault as intentionally, knowingly, or recklessly causing

bodily injury to another, intentionally or knowingly threatening another with imminent bodily injury, and intentionally or knowingly causing physical contact with another when the student knows or should reasonably believe that the other will regard the contact as offensive or provocative.

3.03Extortion

The practice of obtaining something from another by use of force, violence, fear, or damage of one’s reputation

3.04Dangerous Weapon

Carbon School District Policy 547.15: "Weapon" means "dangerous weapon," which includes any firearm or any object that is used for, or is readily capable of, causing death or serious bodily injury. "Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or any device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. The following factors are used in determining whether an object other than a firearm is a dangerous weapon:

  1. the location and circumstances in which the object was used or possessed;
  2. the primary purpose for which the object was made;
  3. the character of the wound, if any, produced by the object's unlawful or improper use;
  4. the manner in which the object was unlawfully or improperly used;
  5. whether the manner in which the object is used or possessed constitutes a potential imminent threat to public safety; and
  6. the lawful purposes for which the object may be used

3.05Drugs and Alcohol

Carbon School District Policy 535.3: “No student shall distribute, dispense, possess, use or be under the influence of any alcoholic beverage, malt beverage or fortified wine or other intoxicating liquor or unlawfully manufacture, distribute, dispense, possess or use or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid or any other controlled substance”.

3.06Arson

Carbon School District Code 549.1.6 describes arson as a cause of expulsion. It is the willful and malicious burning of any part of a building or its contents.

3.07Theft

Carbon School District Code 547.17.c: theft means obtaining or exercising unauthorized control over the property of another with the purpose to deprive him or her thereof.

3.08Burglary

Carbon School District Code 547.17.b: burglary means entering or remaining in a building or any portion of a building with the intent to commit an additional crime.

3.09Criminal Mischief

Carbon School District Code 547.17.d: criminal mischief means intentionally damaging, defacing, or destroying the property of another; or recklessly or willfully shooting or propelling a missile or other object at or against a motor vehicle, bus, airplane, locomotive, train, railway car, or caboose, whether moving or standing, or intentionally and unlawfully tampering with the property of another so as to recklessly endanger human life, health, or safety or recklessly causes or threatens a substantial interruption or impairment of critical infrastructure.

3.10Threats of Violence

Carbon School District Code 539.6: “A student commits a threat against life or property if he threatens to commit any offense involving violence with intent to: 1. Cause action of any nature by an official or volunteer agency organized to deal with emergencies. 2. Place a person in fear of imminent serious bodily injury or 3. Prevent or interrupt the occupation of a building or room, place of assembly, place to which the public has access, or aircraft, automobile, or other form of transportation”.

3.11Threats Against a School

Carbon School District Code 547.21:, “A student commits a terroristic threat if the student threatens to commit any offense involving bodily injury, death, or substantial property damage, and:

  1. Threatens to use a weapon of mass destruction or hoax weapon of mass destruction; or
  2. The student acts with intent to:
    1. Influence or affect a government or unit of government or intimidate or coerce a civilian population; or
    2. Cause action of any nature by an official or volunteer agency organized to deal with emergencies; or
    3. Prevent or interrupt the occupation of a building or a portion of a building, a place to which the public has access, or a facility or vehicle of public transportation operated by a common carrier”.

3.12Sexual Harassment

Carbon School District Policy 540 defines sexual harassment and includes school-related conduct that the District considers unacceptable including but not limited to: all sexual and gender-based activity of a criminal nature, unwelcome sexual invitations or requests, unwelcome and offensive groping, fondling, or inappropriate touching on oneself or others, offensive communication, etc.

3.13Other

Any other violation which the administrator or designee reasonably deems to fall within this category.

Class III Disciplinary Actions (Elementary and Secondary Students)

10-day suspension and possible recommendation long term suspension or expulsion as authorized by the suspension and expulsion procedures. Pending final determination of the matter by the superintendent or designee, may authorize the school to extend the suspension. When behavior is a violation of the law, the appropriate administrator or designee shall report the offense to appropriate law enforcement. Restitution will be required for all property damage or loss. School will follow the Three-Tiered Plan for behavior.