POLICY 8-27 (a) STUDENTS STUDENT CONDUCT Short Term Suspension from School

Transcription

1 (a) 8-27 Short Term Suspension from School The principal, assistant principal, or, in their absence, any teacher of a school is authorized by Virginia Law and this School Board Policy to suspend a student from school for a period of up to ten (10) school days. A. Short-term Suspension 1. Initial Decision to Suspend. A student may be suspended for a period of not more than ten (10) school days by the principal, any assistant principal, or, in their absence, any teacher following an informal hearing. In the informal hearing the student shall be given oral or written notice of the charges against him or her and, if he or she denies them, he/she shall be given an explanation of the facts as known to school personnel and an opportunity to present his or her version of what occurred. When any student is suspended without prior hearing, the hearing shall be held as soon as practicable thereafter. In the case of any pupil whose presence poses a continuing danger to persons or property, or whose presence is an ongoing threat of disruption, the pupil may be removed from school immediately and the notice, explanation of facts, and opportunity to present his/her version shall be given as soon as practicable thereafter. If the suspension is imposed by a teacher or assistant principal, upon request by a parent or guardian, the principal may assess such action; this assessment may include a meeting with the student and parent or guardian. Such request shall not interrupt, delay, or stop the imposition of the suspension or review, if requested. 2. Notification. Upon suspension of any pupil, the principal, assistant principal or teacher responsible for such suspension shall provide written notice to the parents or the student, if age 18 or older, which notice shall include the length of the suspension and the student s right to return to regular school upon the expiration of the suspension, the reasons therefore and the facts of the case. The notice also shall include information regarding the availability of community based educational programs, alternative educational programs or other educational options. A copy of such written notice shall be provided to the Director of Elementary School Education, Director of Middle School Education or Director of High School Education as the case may be, who are authorized to receive such reports on behalf of the Superintendent.

2 (b) 8-27 Short Term Suspension from School 3. Petition for Review by Division Superintendent or Designee. Petitions for review of short-term suspension shall be made to the Division Superintendent, or designee. Parent(s) or guardian(s) may petition for review of a short-term suspension by providing a written request for review within two (2) school days of the decision to be reviewed to the Division Superintendent or designee. Such written request for review may, at the option of the parents, include reasons the decision should be reversed. The Superintendent or designee shall review forthwith the action taken by the principal, assistant principal or teacher and either confirm, modify or disapprove such action. The parent(s) or guardian(s) shall be notified promptly in writing of the decision on any petition for review. The suspension imposed shall remain in effect and the student must serve such suspension notwithstanding that a review has been requested. 4. No Appeal to School Board. The decision of the Division Superintendent or designee shall be final. 5. Scholastic Records. If the decision on any petition for review is to modify or reverse the suspension, all scholastic records maintained by the school shall be modified to reflect the decision. B. Grounds for Removal from School Conduct which may constitute cause for removal from school under this or any other policy shall include, but shall not be limited to: 1. willful or continued disobedience of school rules and regulations or school personnel; 2. defiance of the authority of any teacher, principal, or other person having authority in the school; 3. conduct that endangers or threatens the physical well-being of themselves, other students, or school personnel; 4. physical assault upon another person, including fighting and nonconsensual touching;

3 (c) 8-27 Short Term Suspension from School 5. damaging in any way property of the school or any person; 6. theft or attempted theft of school property or the personal property of another person; 7. participation in unauthorized occupancy of any part of a school building or grounds or presence on any school property in violation of a directive, or failure to leave promptly any school property after having been directed to do so by the principal or other person in charge; 8. use or possession of any weapon or explosives, including fireworks, on school property; 9. violation of attendance regulations, including leaving school without permission; 10. cursing, verbal abuse, written abuse, bullying, intimidation, or harassment of another person by electronic means or otherwise as an individual event or a pattern; 11. willful interruption or disruption of any school or part thereof; 12. any threat to bomb, burn or damage in any manner a school building or other school property or the property of another person; 13. violation of the alcohol policy; 14. violation of the drug policy; 15. violation of the policy on use of tobacco; 16. violation of the policy on beepers or portable communication devices; 17. lying or giving false information, verbally or in writing, to a school employee, including forgery or the knowing use of forged writing; 18. failure to abide by restrictions or punishments of a lesser nature; 19. violation of any law of the United States or the Commonwealth while on school property or of any policy for which the prescribed punishment is suspension;

4 (d) 8-27 Short Term Suspension from School 20. unauthorized or illegal use of, or access to, computers, software, telecommunications, and related technologies; any willful act that causes physical, financial, or other harm or otherwise disrupts information technology; 21. participation in a group, mob, or gang activity that involves inciting, intimidating, harassing, threatening, or committing an assault or other act of violence; 22. disruptive behavior; 23. other good and just cause; or 24. other sufficient cause. C. Self-Defense 1. Notwithstanding the provisions of 8-27(B)(4), students, as a last resort, may use physical force to defend themselves from physical aggression from other students or individuals on school property or at schoolsponsored activities provided that the student: a. Be without fault in provoking or bringing on the fight or incident; b. Have reasonably feared, under the circumstances as they appeared to him or her, that he or she was in danger of harm and the aggressor took at least one overt act indicative of imminent physical danger; and c. Have used no more force than was reasonably necessary to protect himself or herself from the threatened physical harm. 2. Claims of self-defense do not constitute a valid defense against possession or use of a weapon or knife on school property or at any school-sponsored activity. Weapons and knives are prohibited on school property and at school-sponsored events at all times. 3. If a reasonable means of retreat or escape is available to the victim, then the victim shall attempt to flee the altercation prior to engaging in a physical altercation.

5 (e) 8-27 Short Term Suspension from School 4. In determining the applicability of self-defense, all of the relevant circumstances should be considered in identifying the victim(s). Students claiming self-defense have the burden of proving that the elements of self-defense have been met. If the victims(s) cannot be reasonably determined, then the benefit of self-defense shall not be given to those engaged in the altercation. Legal Reference: Code of Virginia Adopted: 8/12/75 Revised: 5/10/83, 9/13/88, 6/22/93, 10/25/94, 3/14/95, 10/14/97, 1/27/98, 10/9/01, 9/22/09, 2/22/11 Current Revision: 12/09/14