Madison Metropolitan School District
Board of Education Policies and Procedures
| POLICY | CODE OF CONDUCT | 4502
Pupils |
|---|
I. CLASSROOM CODE OF CONDUCT
For certain misbehavior a student may experience consequences under both
the I. Classroom Code of Conduct and the II. Student Conduct and Discipline Plan.
Schools must be places where effective learning can occur. Schools must maintain
standards of conduct and discipline because students and school personnel have a
right to a safe and orderly learning environment. Therefore, students are prohibited from
engaging in behaviors which are illegal, life or health threatening, or which impede the
orderly operation of the classroom or school. Prompt and effective disciplinary action
must be taken to correct these behaviors.
Fairness requires that all students be treated in a consistent, objective, and non-
discriminatory manner. However, the student's grade, maturity, performance in school,
and his/her contrition, as well as the gravity of the offense, prior infractions, deterrence,
protection of the school community, effectiveness of prior disciplinary intervention
strategies, etc., may be factors that are considered that could warrant the use of a
certain option including the penalty for a particular offense. Depending upon the above
referenced factors and other factors, the minimum penalties for certain offenses set
forth in this plan may be exceeded.
THE RIGHTS AND RESPONSIBILITIES OF STUDENTS AND PARENTS
Students and parents have rights that schools must observe, but they must also
understand that personal responsibilities accompany individual rights. Furthermore, the
rights of students must be viewed in relationship to the safety and welfare of the
majority of students in the schools. Above all, schools must maintain adequate
discipline to conduct a quality educational program.
STUDENT AND PARENT RIGHTS
- The Right to an Education: Every citizen in the State of Wisconsin has a right to a
free, public education, regardless of race, creed, color, sex, or national origin.
- The Right to Due Process of Law: A student has the right to due process whenever
disciplinary actions that deny the right to an education are imposed. These
disciplinary actions are suspension or expulsion. Due process in a suspension case
includes an explanation to the student of the reason for the suspension and the
opportunity for the student to respond. Written notice to the parent or guardian of
the suspension and the reason therefor will follow. Procedural due process, in
cases of expulsion, includes a notice of charges, a hearing, and an opportunity to
challenge or otherwise explain conduct.
- The Right to Free Speech and Expression: All citizens are guaranteed self-
expression by the First and Fourteenth Amendments of the United States
Constitution.
- The Right to Privacy - Property of Students: Students shall have privacy of personal
possessions unless appropriate school personnel have reasonable cause to believe
a student possesses any object or material which is or could be disruptive or are
prohibited by law or school policy. Guarantees of freedom from search and seizure
of property are not unlimited, but must be balanced by the responsibility of the
school to protect the safety and welfare of students. Lockers are the property of the
school system on temporary loan and the principal may inspect student lockers per
Board of Education policy 4132.
- The Right Not to be Discriminated Against: Students shall have the right not to be
discriminated against on the basis of the students' sex, race, religion, origin, creed,
pregnancy, marital or parental status, sexual orientation, gender identity, gender expression,
or physical, mental or learning disability. If a student or his/her parents feel that the
student has been treated in a discriminatory manner, the student or his/her parents can
contact the District's Affirmative Action Officer to file a complaint or take other action.
[NOTE: The City of Madison defines gender expression in Madison City
Ordinance Sec. 3.23 (2)(t) as follows:
Gender Identity is the actual or perceived condition, status or acts of 1) identifying emotionally or psychologically with the sex other than one's biological or legal sex at birth, whether or not there has been a physical change of the organs of sex; 2) presenting and/or holding oneself out to the public as a member of the biological sex that was not one's biological or legal sex at birth;
This means that gender identity refers to an individual's fundamental sense of themselves as being male or female, masculine or feminine. Gender identity does not always correspond to biological sex.
The City of Madison's Ordinance Sec. 3.23 (2)(t) continues its definition of gender identity with an explanation of what is referred to as gender expression.
3) lawfully displaying physical characteristics and/or behavioral characteristics and/or expressions which are widely perceived as being more appropriate to the biological or legal sex that was not one's biological or legal sex at birth, as when a male is perceived as feminine or a female is perceived as masculine; and/or4) being physically and/or behaviorally androgynous.
This means that gender expression refers to the things like clothing and behavior that manifest a person's fundamental sense of themselves as masculine or feminine, and male or female. This can include but not be limited to dress, posture, hairstyle, jewelry, and vocal inflection.]
It should be noted that, depending upon the nature of the offense, the police may be
involved. An example of certain offenses for which the police may be involved include
possession of a firearm, physical attacks, sexual assaults, bomb threats, arson, etc.
STUDENT RESPONSIBILITIES
Students also have certain responsibilities, both as citizens and as members of the
school community. These responsibilities are present whether the student is in the
school building or traveling to or from school via transportation provided by the school
system. In order to guarantee these rights, each person must assume responsibility for
his or her own behavior and refrain from infringing upon the rights of others.
- Active Participation: Students have the responsibility of actively engaging in the
serious business of learning. For example, they must attend school regularly and be
on time. They must remain in class until excused, pay attention to instructions,
complete assignments to the best of their ability, and exert every effort to achieve
mastery of the lessons.
- Obedience to Laws and Rules: The laws of society and school rules have been
created to guarantee every person's rights. Students must assume personal
responsibility for obedience to these laws and rules.
- Responsible Exercise of Free Speech and Expression: While students have rights
according to the First Amendment to express themselves they should express
opinions in a manner which is not offensive, illegal, obscene, or inconsistent with
the educational goals of the school. The rights of others should be respected, and
there can be no interference with the orderly educational process.
- Avoidance of Illegal or Dangerous Items: Students must not bring materials or
objects to school or to school activities that are or could be disruptive or are
prohibited by law or school policy. All non-essential educationally related items that
are brought to school by students shall be stored in the students' lockers throughout
the school day.
PARENT RESPONSIBILITIES
- Support school officials in their efforts to develop and maintain well-disciplined
schools
- Teach the child socially acceptable standards of behavior
- Teach the child to have respect for law, authority, and the rights and property of
others
- Teach the child to be accountable for his/her own actions and help the child to grow
and develop into a self-controlled, self-disciplined citizen
- Share the responsibility for student conduct with the school
- Maintain an active interest in the student's school work and activities
- Advocate for quality education for the child
- Require prompt and regular attendance at school
TEACHER RIGHTS
Removing a Student from Class: A teacher may remove a student from the
classroom/class for conduct or behavior which (a) violates the Classroom Code of
Conduct or Student Conduct and Discipline Plan; (b) violates the behavioral rules and
expectations set forth in the Student Handbook of the respective school; (c) is
disruptive, dangerous or unruly; (d) otherwise interferes with the ability of the teacher to
teach effectively; or (e) is incompatible with effective teaching and learning in the class.
TEACHER RESPONSIBILITIES
- Maintain an appropriate educational environment for the class as a whole:
Teachers have the responsibility to communicate behavior and academic
expectations as clearly as possible
- Be familiar with the IEP of any student in his/her classroom.
- Intervene in minor disruptions while maintaining classroom supervision by interventions such as:
- talking to the student
- communicating with parents/guardians
- referral to an appropriate support services staff person for assessment or
intervention
- sending a formal report of needed improvement to parents/guardians
- withholding privileges
- peer separation
- Follow Procedures for Temporary Removal of a Student From the Classroom:
- Warn a student that continued misbehavior might lead to temporary removal
from class, except where the behavior is extreme, then an immediate
response is required
- If determined that short-term removal is appropriate:
- instruct the student to go to the principal or other designated staff for
the period of removal with a call or a note of explanation, or
- obtain coverage for the class and escort the student to the main office,
or
- seek assistance from other available staff and
- within twenty-four hours of the removal, ensure that the parent has
been notified and submit to the building principal or designee a short
and concise written explanation of the basis for the removal
- Procedures for Long-Term Removal of a Student From the Classroom:
After the teacher has removed the child from the class for the short-term and
when the teacher believes that long-term removal is necessary, notify the
building administrator in writing of:
- a record of teacher interventions and parent/guardian contacts
- the basis for the removal recommendation
- the alternatives, approaches and other steps considered or taken to avoid
the need for removal
- the impact, positive and negative on the removed student
- the impact, positive and negative on the rest of the class
ADMINISTRATOR RESPONSIBILITIES
- Follow Procedures for Short-Term Removal of a Student from the Classroom:
- When the student arrives at the main office, give the student an opportunity to
briefly explain the situation
- Within 24 hours of the removal, ensure that a good faith effort has been made
to inform the student's parents by phone or in person that the student was
removed from class; ensure that written notice of the incident which occurred
is provided to parents within 72 hours specifying:
- the class from which the student was removed
- the duration of the removal
- the basis for the removal as stated by the teacher and any consequences
that were imposed
- Ensure that the student is supervised during the short-term removal
- Refer, if appropriate, to a support services staff person for assessment or
intervention
- Speak to the student, prior to allowing him/her to resume his/her normal
schedule, to determine whether the student is or appears to be ready and
able to return to class
- Follow Procedures for Long-Term Removal of a Student from the Classroom:
- Consult with the teacher making the recommendation
- Inform the student's parents of the request and make a decision within the
requisite laws (such as IDEA) and MMSD policies to:
- return the student to the class, or
- place the student in another instructional setting, or
- place the student in another class in the school, or
- recommend to the appropriate Assistant Superintendent placement of
the student in an MMSD alternative education program (final
placement will be determined by the Assistant Superintendent for
Alternative Programs)
- Meet with the parents within three business days of the long-term removal
request and inform the parents and/or student:
- the basis for the removal
- the alternatives considered
- the basis for any decision
- Inform referring teacher of outcome
- Notify staff, students and parents of the Code of Conduct including both
the I. Classroom Code of Conduct and II. The Student Conduct and
Discipline Plan
- Annually meet with staff to arrive at a consensus regarding the
implementation and application of this plan
- Annually publish this plan in the student Handbook and on the MMSD web
site
- Provide a written brochure
DEFINITIONS
Class / Classroom:
A class is any class, immediate area around a classroom door, meeting, or activity,
which students attend, or any educational/school environment in which they participate
under the control or direction of a school district employee/teacher.
Teacher:
A person holding a license or permit issued by the state superintendent whose
employment by a school district requires that he or she hold that license or permit.
Long-Term Removal:
Removal from class for greater than one day. (Student may also be suspended from the
school environment)
Removal:
The act by the teacher of separating the student from the instructional provider to
another supervised environment within the school setting for violation of the Code of
Conduct.
Short-Term Removal:
Removal from class for one day or less to another supervised area within the school
setting.
BOE Revised: 8/26/02
II. STUDENT CONDUCT AND DISCIPLINE PLAN
THE RIGHTS AND RESPONSIBILITIES OF STUDENTS AND PARENTS
Students and parents have rights that schools must observe, but they must also
understand that personal responsibilities accompany individual rights. Furthermore, the
rights of students must be viewed in relationship to the safety and welfare of the
majority of students in the schools. Above all, schools must maintain adequate
discipline to conduct a quality educational program.
STUDENT AND PARENT RIGHTS
- The Right to an Education: Every citizen in the State of Wisconsin has a right to a
free, public education, regardless of race, creed, color, sex, or national origin.
- The Right to Due Process of Law: A student has the right to due process whenever
disciplinary actions that deny the right to an education are imposed. These
disciplinary actions are suspension or expulsion. Due process in a suspension case
includes an explanation to the student of the reason for the suspension and the
opportunity for the student to respond. Written notice to the parent or guardian of
the suspension and the reason therefor will follow. Procedural due process, in
cases of expulsion, includes a notice of charges, a hearing, and an opportunity to
challenge or otherwise explain conduct.
- The Right to Free Speech and Expression: All citizens are guaranteed self-
expression by the First and Fourteenth Amendments of the United States
Constitution.
- The Right to Privacy - Property of Students: Students shall have privacy of personal
possessions unless appropriate school personnel have reasonable cause to believe
a student possesses any object or material which is or could be disruptive or are
prohibited by law or school policy. Guarantees of freedom from search and seizure
of property are not unlimited, but must be balanced by the responsibility of the
school to protect the safety and welfare of students. Lockers are the property of the
school system on temporary loan and the principal may inspect student lockers per
Board of Education policy 4132.
- The Right Not to be Discriminated Against: Students shall have the right not to be
discriminated against on the basis of the students' sex, race, religion, origin, creed,
pregnancy, marital or parental status, sexual orientation, gender identity, gender expression,
or physical, mental or learning disability. If a student or his/her parents feel that the
student has been treated in a discriminatory manner, the student or his/her parents can
contact the District's Affirmative Action Officer to file a complaint or take other action.
[NOTE: The City of Madison defines gender expression in Madison City
Ordinance Sec. 3.23 (2)(t) as follows:
Gender Identity is the actual or perceived condition, status or acts of 1) identifying emotionally or psychologically with the sex other than one's biological or legal sex at birth, whether or not there has been a physical change of the organs of sex; 2) presenting and/or holding oneself out to the public as a member of the biological sex that was not one's biological or legal sex at birth;
This means that gender identity refers to an individual's fundamental sense of themselves as being male or female, masculine or feminine. Gender identity does not always correspond to biological sex.
The City of Madison's Ordinance Sec. 3.23 (2)(t) continues its definition of gender identity with an explanation of what is referred to as gender expression.
3) lawfully displaying physical characteristics and/or behavioral characteristics and/or expressions which are widely perceived as being more appropriate to the biological or legal sex that was not one's biological or legal sex at birth, as when a male is perceived as feminine or a female is perceived as masculine; and/or4) being physically and/or behaviorally androgynous.
This means that gender expression refers to the things like clothing and behavior that manifest a person's fundamental sense of themselves as masculine or feminine, and male or female. This can include but not be limited to dress, posture, hairstyle, jewelry, and vocal inflection.]
It should be noted that, depending upon the nature of the offense, the police may be
involved. An example of certain offenses for which the police may be involved include
possession of a firearm, physical attacks, sexual assaults, bomb threats, arson, etc.
STUDENT RESPONSIBILITIES
Students also have certain responsibilities, both as citizens and as members of the
school community. These responsibilities are present whether the student is in the
school building or traveling to or from school via transportation provided by the school
system. In order to guarantee these rights, each person must assume responsibility for
his or her own behavior and refrain from infringing upon the rights of others.
- Active Participation: Students have the responsibility of actively engaging in the
serious business of learning. For example, they must attend school regularly and be
on time. They must remain in class until excused, pay attention to instructions,
complete assignments to the best of their ability, and exert every effort to achieve
mastery of the lessons.
- Obedience to Laws and Rules: The laws of society and school rules have been
created to guarantee every person's rights. Students must assume personal
responsibility for obedience to these laws and rules.
- Responsible Exercise of Free Speech and Expression: While students have rights
according to the First Amendment to express themselves they should express
opinions in a manner which is not offensive, illegal, obscene, or inconsistent with
the educational goals of the school. The rights of others should be respected, and
there can be no interference with the orderly educational process.
- Avoidance of Illegal or Dangerous Items: Students must not bring materials or
objects to school or to school activities that are or could be disruptive or are
prohibited by law or school policy. All non-essential educationally related items that
are brought to school by students shall be stored in the students' lockers throughout
the school day.
PARENT RESPONSIBILITIES
- Support school officials in their efforts to develop and maintain well-disciplined
schools
- Teach the child socially acceptable standards of behavior
- Teach the child to have respect for law, authority, and the rights and property of
others
- Teach the child to be accountable for his/her own actions and help the child to grow
and develop into a self-controlled, self-disciplined citizen
- Share the responsibility for student conduct with the school
- Maintain an active interest in the student's school work and activities
- Advocate for quality education for the child
- Require prompt and regular attendance at school
BOE Revised: 3/1/04
STUDENT CONDUCT AND DISCIPLINE PLAN
Schools must be places where effective learning can occur. Schools must maintain
standards of conduct and discipline because students and school personnel have a
right to a safe and orderly learning environment. Therefore, students are prohibited from
engaging in behaviors which are illegal, life or health threatening, or which impede the
orderly operation of the classroom or school. Prompt and effective disciplinary action
must be taken to correct these behaviors.
Fairness requires that all students be treated in a consistent, objective, and non-
discriminatory manner. However, the student's grade, maturity, performance in school,
and his/her contrition, as well as the gravity of the offense, prior infractions, deterrence,
protection of the school community, effectiveness of prior disciplinary intervention
strategies, etc., may be factors that are considered that could warrant the use of a
certain option including the penalty for a particular offense. Depending upon the above
referenced factors and other factors, the minimum penalties for certain offenses set
forth in this plan may be exceeded.
Disciplinary actions which may be used by local schools to correct misbehavior include,
but are not limited to: verbal reprimand, special assignments (constructive), notifying
parent by phone or letter of student's misbehavior, student mediation, contracts,
detention, conference with student and/or parents, loss of class or school privileges,
restitution and merits/demerits.
The following are examples of disciplinary options which may be used when
other classroom interventions have been unsuccessful:
- Time Out - Including Detention: (Temporary removal of the student from the
classroom to another supervised setting within the school.)
- In-School Suspension: (Reassignment of the student from the classroom to in-
house suspension.)
- Program Adjustment: a) Reduction/revision of schedule; b) Assignment of a
student to another school or program; c) Homebound instruction, etc.)
- Out-of-School Suspension: (Removal of a student from school for a period of up
to five days, except that if an expulsion hearing has been scheduled, the suspension
may be extended up to an additional 10 days. While the student is suspended from
school, homework assignments may be completed for credit.)
- Expulsion: (Removal of a student from school for a period of one day up to a
permanent expulsion. Generally, an expulsion results in loss of educational services
for the period of expulsion.)
The Student Conduct and Discipline Plan defines four levels of behaviors with
potential consequences to the student:
- Level One Misconduct. (Disciplinary options 1, 2, 3 and potentially 4 listed above).
- Level Two Misconduct. (Disciplinary option 2 or 4 listed above)
- Level Three Misconduct. (Disciplinary option 4 and potentially 5 listed above)
- Level Four Misconduct. (Disciplinary options 4 and 5 listed above)
FIRST OFFENSES IN CATEGORY I AND II: For first offenses that occur for violations
of categories I and II, alternatives to suspension should be considered and utilized, if
possible.
MMSD SUSPENSION CODES
JURISDICTION:
- The SCHOOL BOARD may expel a pupil from school whenever it finds the pupil
guilty of repeated refusal or neglect to obey the rules, or finds that a pupil knowingly
conveyed or caused to be conveyed any threat or false information concerning an
attempt or alleged attempt being made or to be made to destroy any school
property by means of explosives, or finds that the pupil engaged in conduct while at
school or while under the supervision of a school authority which endangered the
property, health or safety of others, or finds that a pupil while not at school or while
not under the supervision of a school authority engaged in conduct which
endangered the property, health or safety of others at school, or under the
supervision of a school authority or endangered the property, health or safety of
any employee or school board member of the school district in which the pupil is
enrolled, and is satisfied that the interest of the school demands the pupil's
expulsion.
- In addition to the grounds set forth in paragraph 1 above, and for any other reason
provided by law, the school board may expel from school a pupil who is at least 16
years old if the school board finds that the pupil repeatedly engaged in conduct
while at school or while under the supervision of a school authority that disrupted
the ability of school authorities to maintain order or an educational atmosphere at
school or at an activity supervised by a school authority and that such conduct does
not constitute grounds for expulsion under paragraph 1, and is satisfied that the
interest of the school demands the pupil's expulsion.
- The jurisdiction, as set forth in paragraphs 1 and 2 above, applies to situations
in which disciplinary action is contemplated to be taken against a student for a
violation of the Student Conduct and Discipline Plan.
APPLICATION OF THE PLAN: This Plan applies to all schools, alternative educational
programs and alternative school sites in the District and shall
be published and made available to parents and students. Individual schools will
develop and publish rules for offenses not included in the Plan. Members of the School
Board are considered within the meaning and definition of the term staff as utilized
herein and whenever the term staff is used it applies to Board members.
SURRENDER FOR SAFETY (Formerly known as the "Oops Policy"):
A pupil who possesses a knife or other cutting instrument, weapon or object that may
be used as a weapon, or other inappropriate item/material, and surrenders it to a school
staff member, before being discovered in possession of said object may or may not be
subject to discipline. An investigation will occur into the circumstances involving
the possession and surrender of the knife or other cutting instrument, weapon or object
that may be used as a weapon, or other inappropriate item/material, and a decision will
be made whether to discipline the pupil, or not, after a consultation between the
Principal and the appropriate Assistant Superintendent.
BOE Revised: 4/3/06
I. LEVEL ONE MISCONDUCT:
A student charged with the behavior listed below may be subject to discipline,
including possible suspension for up to one day.
Behaviors which can be addressed by school regulations include, but are not limited to, the
following:
- Absenteeism/truancy-lack of regular attendance.
- Cheating-Using, submitting, or attempting to obtain data or answers dishonestly, by deceit or by means other than those authorized by the teacher.
- Forgery-Writing the name of another person or altering times, dates, grades, passes or permits.
- Gambling-Playing any game of chance or skill for money or items of value.
- Littering-Throwing of paper, trash, or other materials on the floor inside school buildings or grounds.
- Profanity-Swearing, cursing, or making obscene gestures, including swearing, cursing or making obscene gestures that are directed at another student.
- Dress Code-Dressing or grooming in a manner which disrupts teaching or learning. Unless otherwise approved by the principal, hats and other headwear (e.g., bandanas, hairnets, scarves, sweatbands, do-rags, hoods, etc.) and coats must be kept in lockers during school hours.
- Possessing any tobacco product, or igniter (e.g., cigarette lighter).
- Tardiness-Arriving at school or class after the designated time.
- Verbal abuse-Willfully intimidating, insulting, or in any other manner, verbally abusing other students.
- Petty Theft-Stealing the money or property of another that is valued at less than $50.
- Disruption-Acting in a disorderly manner that disrupts the peace of the school or any school-sponsored activity.
- Throwing snowballs or missiles.
- Participation in gang, anti-social group or cult activities that disrupt the school environment (e.g., using symbols or signals, flashing signs, wearing gang colors or apparel, etc.).
- Possession of a laser-pointer or illegal paraphernalia, e.g., beepers, drug paraphernalia, etc.
- Possession of legal but non-essential educationally related paraphernalia or other material that a student brings to school such as a cellular phone, walkman, radio, etc., and any other items that could disrupt the educational process shall be stored in the student's locker throughout the school day. When the student arrives at school he/she shall place in his/her locker any non-essential educationally related paraphernalia that could create disruption in the school and shall leave such items in his/her locker until the student leaves the school for the day. Educationally-related paraphernalia is any item that is needed to enable the student to benefit from his/her education.
- Taunting, baiting, inciting and/or encouraging a fight, disruptions or other violation of school rules.
- Possession of or wearing of heavy chains.
BOE Revised: 4/3/06
II. LEVEL TWO MISCONDUCT:
A student charged with the behavior listed below may be suspended from school for
up to three days for middle and high school students. Administration and staff will
establish building regulations and discipline procedures for elementary students.
- Use of tobacco.
- Bullying/extortion/coercion-Intimidating another person, obtaining or attempting to obtain money or property from an unwilling person or forcing an individual to act by either physical force or intimidation (threat) unless gang activity, i.e., participation by three or more persons, is involved.
- Trespassing-Being in a school building or on school grounds without permission or refusing to comply with a request to leave school premises.
- Insubordination-Knowingly refusing to comply with reasonable school rules or with reasonable instructions of school authorities.
- Profanity/verbal abuse/obscene gestures - profane or obscene language, written or verbal, or obscene gestures, directed toward school personnel or any other adult member of the school community.
- Verbal, written and non-verbal threats to a staff member or student where there is no imminent danger of bodily harm.
- Harassment (e.g., sexual, racial) that is written, verbal or physical.
- Failure to give correct name when requested to do so by staff member or using a fictitious name.
- Hitting, pushing, tripping, shoving, kicking, spitting or other acts of inappropriate physical aggression directed at another student.
- Possession of a toy weapon, or look-alike weapon other than a look-alike handgun.
- Possession of a firecracker.
- Use of a laser pointer to annoy or harass another person.
- Theft-Stealing the money or property of another that is valued at no less than$50 and no more than $500.
- Pornography — Possessing pornographic material or observing pornographic material.
- Engaging in or participating in any way in a non-violent act of intimidation, coercion, or extortion, as part of a gang, cult and/or anti-social group.
- Indecent Exposure (i.e., publicly displaying one's private parts).
- Inappropriate use of the School District's Computerized Communication System
(System) includes, but is not limited to: sending or attempting to send a
message that threatens to harm any person or any person's property; sending
or attempting to send an annoying, abusive, frightening, threatening,
defamatory, intimidating, offensive, harassing, etc., message or a
discriminatory message based upon a protected status (e.g., race, gender,
sexual orientation); sending or attempting to send a message that contains
obscene, lewd, vulgar, profane language, etc.; sending a message anonymously
or using someone else's name to send a message; using the System to plagiarize
by downloading information and submitting, claiming or using it as one's own
work; using the System to engage in unauthorized non-school related
correspondence or activities; accessing, reviewing, uploading, downloading,
storing, printing, posting, distributing, or attempting to distribute sexually
explicit, lewd, obscene material, etc.; using the System for political or
commercial purposes; sending a message in which the student falsely indicates
that he/she is representing an individual school or the School District.
BOE Revised: 4/3/06
III. LEVEL THREE MISCONDUCT:
A student charged with the behaviors listed below may be suspended from
school for up to five days and may be recommended for expulsion. If a
recommendation for expulsion occurs, the pupil shall be suspended for five days:
- Volatile Acts — Disruption of school, or a school activity held off school premises, by use of violence, force, coercion, threat or disorderly conduct.
- Illegal Conduct — Offenses which constitute criminal conduct under federal, state or city laws and/or which are life or health threatening.
- Sexual Assault — Intentional touching, either directly or through clothing, by the use of any body part or object of another person if done for the purpose of sexually degrading the other person, or sexually arousing or satisfying the perpetrating pupil.
- Arson — Setting fire, or attempting to set fire.
- False Alarms — Activating the school's fire and/or other alarm systems, reporting a fire when no fire exists, or making a false alarm call to 911.
- Possession of munitions, mace, a smoke bomb, pepper gas or other dangerous substances.
- Physical attack against a student or other person(s), other than a staff member.
- Engaging in or participating in any way in physical acts of violence as part of an anti-social group, cult and/or gang.
- Fighting.
- Serious threats to staff or students. (Intentionally engaging in conduct — with or without physical contact — that places the staff member or student in reasonable apprehension of bodily harm; includes verbal or written statements.)
- Repeatedly engaging in conduct by a student at least 16 years old who disrupts the ability of school administrators to maintain order or an educational atmosphere (per state law).
- Repeated refusal or neglect to obey school rules (i.e., more than one violation of any single rule or combination of rules set forth in categories I, II, or III of this Plan.)
- Vandalism — Destruction or defacing of school property or equipment; staff property or equipment; student property or equipment; or the property or equipment of others who are on the premises of the school, or have left their property or equipment on school premises.
- Possession of an imitation controlled substance.
- Possession of a look-alike handgun.
- Any other inappropriate act which directly or indirectly jeopardize the property, health or safety of school personnel or other students.
- Possession of alcohol or being under the influence of any alcoholic beverage.
- (a) Elementary School: Possession of drugs other than alcohol, or being under the influence of any narcotic, controlled substance or other mind-altering drug or chemical, unless legally possessed or used while under the supervision of a licensed health care provider who prescribed the substance. (b) Middle & High School: Possession of drugs, other than alcohol, or being under the influence of any narcotic, controlled substance or other mind-altering drug or chemical, unless legally possessed or used while under the supervision of a licensed health care provider who prescribed the substance.
- "Major Theft" — Stealing the money or property of another that is valued at more than $500.
- 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.
- Consensual Sexual Activity — Participation in consensual sexual conduct, or other inappropriate consensual sexual contact.
- Using an object to threaten to cause harm to another, intending to use an object to cause harm to another, attempting to use an object in an effort to cause harm to another, or using an object to cause harm to another.
- Serious misuse of the District's Computerized Communication
System (System) includes, but is not limited to: disrupting or attempting
to disrupt the operation of the System; interfering or attempting to
interfere with the ability of other users to effectively use the System;
damaging, destroying, modifying or attempting to damage, destroy or modify
computer data or programs, including the hardware and software components
of a computer or computer system, etc.; accessing and/or posting or
attempting to access and/or post restricted confidential information such
as a person's social security number, student records, passwords, data,
messages, etc.; disclosing or attempting to disclose restricted access
codes or other restricted access information to unauthorized persons;
placing a virus or keylogging software application on the System; hacking
or attempting to hack, into the System to, for example, change a student's
grade, an employee's salary, etc.; using or attempting to use the System to
engage in any illegal conduct.
BOE Revised: 4/3/06
IV. LEVEL FOUR MISCONDUCT:
A. MIDDLE AND HIGH SCHOOLS:
Except as noted, a student charged with the
behaviors listed below shall be suspended for five days and shall be
recommended for expulsion from the Madison Metropolitan School District.
- Weapon Violations
-
- A middle or high school student who is determined to be in possession of a weapon, except a firearm, pellet gun, or BB gun, where there was no intent to cause harm to another with the weapon, or who has not threatened to cause harm to another with the weapon, or has not attempted to or caused harm to another with the weapon, or whose weapon, that he/she possessed, has not been utilized by another to cause harm to another, shall be suspended for five days.
- 2nd or Subsequent Offenses: The pupil shall be recommended for expulsion.
- Possession of a BB gun or pellet gun, recommend for expulsion.
- Possession of a weapon, coupled with a student's intent to use, threat to use, attempt to use, or actual use of the weapon to cause harm to another, recommend for expulsion.
- Possession or use of a firearm, recommend for expulsion.
Note (1): Definitions of Weapons
- "weapon" means a device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury. (e.g. pistols, rifles, shotguns, regardless of whether exploding powder or air is used to propel its ammunition; bow and arrows; BB guns; pellet guns; brass knuckles; knife ("knife" refers to knives of all types, without regard to blade length); and cutting instrument ("cutting instrument" refers to all objects that have as their primary intended purpose being an object utilized to cut something (e.g. Box cutter, carpet cutter, razor blades, straight razor, is an illustrative but not exhaustive list)).
- Possession of a weapon with the intent to allow another to use the weapon to harm another and another is harmed, recommend for expulsion.
- Possessing a controlled substance, or illegal drug, with the intent to deliver.
- Intentional use of force that is unprovoked against a staff member of MMSD. Intentional use of force that is unprovoked against a non-staff member adult who is legitimately exercising supervisory authority at school or during any school activity.
- Fighting or other acts of violence (over three incidents that occur at any MMSD school during a school year while the student is under the jurisdiction of the Madison Metropolitan School District.)
- 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.
- Selling, delivering or possessing a controlled substance, or illegal drug, as part of a drug transaction, whether as the seller, purchaser, or intermediary facilitating the transaction.
- Serious sexual assault, e.g., by use of a weapon, force, threat, or coercion.
5/21/07
B. ELEMENTARY SCHOOLS:
Elementary school students who violate this Section are subject to the disciplinary action that has been set forth below:
- WEAPONS
- Student in possession of a knife, or other cutting instrument, or other weapon, except a firearm, and the student neither uses or threatens to use such knife, or other cutting instrument, or other weapon to cause harm to another:
- 1st Offense:
- Preschool-2nd grade: Principal will take the item from the student, call parent/guardian and issue a written warning to the parent/guardian and a warning to the student;
- 3rd-5th grade: Principal will take the item from the student, call parent/guardian and the student may be suspended for up to three days.
- 2nd Offense: Principal shall take the item from the student and the student shall be suspended for three days.
- 3rd & Subsequent Offenses: Principal shall take the item from the student and the student shall be suspended for at least three to five days, and may be recommended for expulsion. If there is a recommendation for expulsion, the student shall be suspended for five days.
- Student possesses a knife, or other cutting instrument, or-a weapon, other than a firearm, and intends to cause harm to another, threatens to cause harm to another, or attempts to cause harm to another with the knife, or other cutting instrument, or weapon, other than a firearm:
- 1st Offense:
- Pre-school-2nd Grade: Principal will take the knife or other cutting instrument, weapon, other than a firearm, call the parent/guardian. The student shall be suspended for up to three days, after consultation with the Assistant Superintendent for Elementary Schools.
- 3rd-5th Grade: Principal will take the knife or other cutting instrument, weapon, other than a firearm, and call the parent/guardian; and the student shall be suspended for three days.
- 2nd and Subsequent Offenses: Regardless of the grade level, the student shall be suspended for five days and shall be recommended for expulsion.
- Student at any elementary grade level possesses a firearm, the student shall be suspended for five days and shall be recommended for expulsion, regardless of whether there was a threat to use, attempt to use, or actual use of the firearm.
- Student possesses a knife or other cutting instrument, a weapon, other than a firearm, and actually causes harm to another with the knife, or other cutting instrument, weapon, other than a firearm:
- 1st Offense:
- Pre-school-2nd Grade: Principal will take the item and consult with the Assistant Superintendent for Elementary Schools and the student shall be suspended for up to five days and may be recommended for expulsion. If there is a recommendation for expulsion, the student shall be suspended for five days.
- 3rd-5th Grade: Principal will take the item and consult with the Assistant Superintendent for Elementary Schools; and the student shall be suspended for five days and may be recommended for expulsion.
- 2nd & Subsequent Offenses:
- Pre-school-2nd Grade: Principal will take the item and consult with the Assistant Superintendent for Elementary Schools; and the student shall be suspended for five days and may be recommended for expulsion.
- 3rd-5th Grade: Principal will take the item and consult with the Assistant Superintendent for Elementary Schools; and the student shall be suspended for five days and shall be recommended for expulsion.
- Student possesses an object that may be used as a weapon, and actually causes harm to another with the object that may be used as a weapon:
- 1st Offense:
- Pre-school-2nd Grade: Principal will take the item and consult with the Assistant Superintendent for Elementary Schools and the student may be suspended for up to five days and may be recommended for expulsion. If there is a recommendation for expulsion, the student shall be suspended for five days.
- 3rd-5th Grade: Principal will take the item and consult with the Assistant Superintendent for Elementary Schools; and the student shall be suspended for up to five days and may be recommended for expulsion. If there is a recommendation for expulsion, the student shall be suspended for five days.
- 2nd & Subsequent Offenses:
- Pre-school-2nd Grade: Principal will take the item and consult with the Assistant Superintendent for Elementary Schools; and the student shall be suspended for three to five days and may be recommended for expulsion. If there is a recommendation for expulsion, the student shall be suspended for five days.
- 3rd-5th Grade: Principal will take the item and consult with the Assistant Superintendent for Elementary Schools; and the student shall be suspended for five days and shall be recommended for expulsion.
- Student possesses an object that may be used as a weapon, and intends to cause harm to another, threatens to cause harm to another, or attempts to cause harm to another, with the object that may be used as a weapon:
- 1st Offense:
- Pre-school-2nd Grade: Principal will take the item, call the parent/guardian and issue a written warning to the parent/guardian, warn the student, and consult with the Assistant Superintendent for Elementary Schools; the student may be subject to suspension for up to three days.
- 3rd- 5th Grade: Principal will take the item, call the parent/guardian and the student shall be suspended for three days.
- 2nd Offense:
- Pre-school-2nd Grade: Principal will take the item, call the parent/guardian and issue a written warning to the parent/guardian, warn the student and consult with the Assistant Superintendent for Elementary Schools; the student shall be suspended for three days.
- 3rd-5th Grade: Principal will take the item, and call the parent/guardian and consult with the Assistant Superintendent for Elementary Schools; and the student shall be suspended for five days and may be recommended for expulsion. If there is a recommendation for expulsion, the student shall be suspended for five days.
- 3rd & Subsequent Offenses:
- Pre-school-2nd Grade: Principal will take the item, and call the parent/guardian and consult with the Assistant Superintendent for Elementary Schools; and the student shall be suspended for three to five days and may be recommended for expulsion. If there is a recommendation for expulsion, the student shall be suspended for five days.
- 3rd- 5th Grade: Principal will take the item, and call the parent/guardian and consult with the Assistant Superintendent for Elementary Schools; the student shall be suspended for five days and shall be recommended for expulsion.
Note: Definitions
- "knife" refers to knives of all types, without regard to blade length,
- "cutting instrument" refers to all objects that have as their primary intended purpose being an object utilized to cut something (e.g. Box cutter, carpet cutter, razor blades, straight razor, is an illustrative but not exhaustive list)
- "weapon" means a device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury. (e.g. pistols, rifles, shotguns, regardless of whether exploding powder or air is used to propel its ammunition; bow and arrows; BB guns; pellet guns; and brass knuckles)
- DRUGS:
- Possession of a controlled substance or illegal drug with intent to deliver: Suspend for five days and recommend expulsion.
- INTENTIONAL USE OF FORCE THAT IS UNPROVOKED AGAINST A STAFF MEMBER OF MMSD. INTENTIONAL USE OF FORCE THAT IS UNPROVOKED AGAINST A NON-STAFF MEMBER ADULT WHO IS LEGITIMATELY EXERCISING SUPERVISORY AUTHORITY AT SCHOOL OR DURING ANY SCHOOL ACTIVITY:
- 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.
- Third-5th Grade: Automatic three-day suspension. 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.
- BOMB THREAT/EXPLOSIVE DEVICE:
- 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.
- 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: 4/3/06
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