Revised%20po5500%2C%20Student%20Code%20of%20Conduct.pdf

Parent document: March 7, 2024 Regular Session-03-07-2024.pdf

Text

ACKSON

COUNTY SCHOOLS

Book Policy Manual

Section Ready for the Board

Title Copy of STUDENT CODE OF CONDUCT

Code po5500

Status

Legal West Virginia Board of Education policy 4373
Adopted January 22, 2015

Last Revised June 9, 2022

5500 - STUDENT CODE OF CONDUCT

The purpose of this policy is to classify inappropriate student behavior and to provide schools with guidance that creates
and ensures an orderly and safe environment that is conducive to teaching and learning.

Student Code of Conduct

Pursuant to West Virginia Board of Education policy 4373, the following behaviors have been identified and defined by the
District as those that will disrupt the educational process.

Level 1: Minimally Disruptive Behaviors — disrupt the educational process and the orderly operations of the
school but do not pose direct danger to self or others

A.

Cheating

A student hall not plagiarize or copy the work of others or break rules to gain advantage in a competitive
situation. Interventions for this inappropriate behavior may include academic sanctions in addition to other
discipline.

. Deceit

A student witshall not deliberately conceal or misrepresent the truth, deceive another, or cause another to be
deceived by false or misleading information.

. Disruptive/Disrespectful Conduct

A student wittshall not exhibit behavior that violates classroom/school rules, results in distraction and obstruction of
the educational process, or that is discourteous, impolite, bad mannered, and/or rude. Behavior is considered
disruptive and/or disrespectful if a teacher is prevented from starting an activity or lesson, or has to stop instruction
to address the disruption.

. Failure to Serve Detention

A student witshall not fail to serve an assigned detention of which students and/or parents/guardians have been
notified.

. Falsifying Identity

A student wittshall not use another person's identification or give false identification to any school official with intent
to deceive school personnel or falsely obtain money or property.

. Inappropriate Appearance


A student wittshall not dress or groom in a manner that disrupts the educational process or is detrimental to the
health, safety, or welfare of others. A student will not dress in a manner that is distractive or indecent, to the extent
that it interferes with the teaching and learning process, including wearing any apparel that displays or promotes
behavior and/or items prohibited by this policy.

. Inappropriate Display of Affection

Students wittshall not engage in inappropriate displays of intimate affection, such as kissing or embracing.

. Inappropriate Language

A student wi | not orally, in writing, electronically, or with photographs or drawings, use profanity in general
context (not directed toward any individual or group).

. Possession of Inappropriate Personal Property

A student
and learning.

not possess personal property that is prohibited by school rules or that is disruptive to teaching

. Skipping Class*

In accordance with West Virginia Board of Education policy 4110 - Attendance, a student wittshall not fail to report
to the school's assigned class or activity without prior permission, knowledge, or excuse by the school or by the
parent/guardian.

. Tardiness*

A student wittshall not fail to be in his/her place of instruction at the assigned time without a valid excuse.

. Vehicle Parking Violation

A student wittshall not engage in improper parking of a motor vehicle on school property.

Level 2: Disruptive and Potentially Harmful Behaviors — disrupt the educational process and/or pose potential
harm, danger, or educational detriment to self and/or others. The behavior is committed willfully but not in a
manner that is intended maliciously to cause harm or danger to self and/or others.

A.

Gang Related Activity

A student wittshall not, by use of violence, force, coercion, threat of violence or gang activity, cause disruption or
obstruction to the educational process. Gangs are defined as organized groups of students and/or adults who engage
in activities that threaten the safety of the general populace, compromise the general community order, and/or
interfere with the District's educational mission. Gang activity includes:

1. wearing or displaying any clothing, jewelry, colors, or insignia that intentionally identifies the student as a
member of a gang, or otherwise symbolizes support of a gang;

2. using any word, phrase, written symbol or gesture that intentionally identifies a student as a member of a
gang, or otherwise symbolizes support of a gang;

3. gathering of two (2) or more persons for purposes of engaging in activities or discussions promoting gangs;

4. recruiting student(s) for gangs.

. Leaving School without Permission

A student wittshall not leave the school building, campus, or school activity for which the student is enrolled without
permission from authorized school personnel.

. Physical Fight without Injury

A student wittshall not engage in a physical altercation using blows in an attempt to harm or overpower another
person(s).

. Possession of Imitation Weapon

A student wittshall not possess any object fashioned to imitate or look like a weapon.

. Possession of Knife Not Meeting Dangerous Weapon Definition (WV Code 61-7-2)

A student wittshall not possess a knife or knife-like implement under three and one-half (3 1/2) inches in length. WV
Code 61-7-2 clarifies that a pocket knife with a blade of three and one-half (3 1/2) inches or less in length, a hunting
or fishing knife carried for sports or other recreational uses, or a knife designed for use as a tool or household
implement shall not be included within the term "knife" as defined as a deadly weapon unless such knife is knowingly
used or intended to be used to produce serious bodily injury or death.


F. Technology Misuse

A student wittshall not violate the terms of West Virginia Board of Education policy 2460, Safety and Acceptable Use
of the Internet by Students and Educators.

Level 3: Severely Disruptive, Imminently Dangerous, Illegal and/or Aggressive Behaviors — are willfully
committed and are known to be illegal and/or harmful to people and/or property. Specific Level 3 behaviors are
outlined in WV Code 18A-5-1a(c)* and the principal shall address these inappropriate behaviors accordingly.

A. Battery Against a Student

A student wi | not unlawfully and intentionally injure another student.

B. Defacing School Property/Vandalism*

A student wi not willfully cause defacement of or damage to property of the school or others. Actions such as
writing in school textbooks or library books, writing on desks or walls, carving into woodwork, desks, or tables, and
spray painting surfaces are acts of defacement. Examples of damage to school property include, but are not limited
to, ruining bulletin boards, intentionally clogging the plumbing system, breaking light bulbs or fixtures, and
damaging school equipment to the point where repair is necessary.

C. False Fire Alarm

A student

| not knowingly and willingly set off a fire alarm without cause.

D. Fraud/Forgery

A student wi | not deceive another or cause another to be deceived by false or misleading information or sign
the name of another person in order to obtain anything of value or defraud authorities.

E. Gambling
A student wi | not engage in any game of chance or contest wherein money or other items of monetary value

are awarded to the winner, except for those games and contests authorized as official school functions.
F. Habitual Violation of School Rules to Policies*

A student wi Il not persistently, as defined by the District, refuse to obey the reasonable and proper orders or
directions of school employees, school rules, or policies. A student must have had one or more discipline referrals.
G. Hazing

A student wittshall not haze or conspire to engage in the hazing of another person. "Hazing" means to cause any
action or situation which recklessly or intentionally endangers the mental or physical health or safety of another
person(s) to destroy or remove public or private property for the purpose of initiation or admission into or affiliation
with, or as a condition of continued membership in, any activity or organization, including both co-curricular and
extra-curricular activities (see Policy 5516).

H. Insubordination*

A student wi | not ignore or refuse to comply with directions or instructions given by school authorities. Refusing
to open a book, complete an assignment, work with another student, work in a group, take a test, or do any other
class- or school-related activity not listed herein, refusing to leave a hallway when requested by a school staff
member, or running away from school staff when told to stop, all constitute insubordination/unruly conduct.

I, Improper or Negligent Operation of a Motor Vehicle

A student wit-shall not intentionally or recklessly operate a motor vehicle on the grounds of any educational facility,
parking lot, or at any school-sponsored activity, so as to endanger the safety, health, or welfare of others.

J. Larceny

A student witshall not, without permission, take another person's property or have another person's property in
his/her possession. Property valued at $1,000 or more will increase this behavior to a Level 4 because it is
considered a felony in accordance with WV Code 61-3-13.

K. Physical Altercation*

A student wi | not engage in a physical altercation with another person(s).
L. Profane Language/Obscene Gesture/Indecent Act toward an Employee or a Student*

A student wittshall not direct profane language, obscene gestures, or indecent acts towards a school employee or a
fellow student. This inappropriate behavior includes but is not limited to verbal, writing, electronic, and/or illustrative
communications intended to offend and/or humiliate

M. Sexual Misconduct

A student wits ot publicly and indecently expose themselves, display or transmit any drawing or photograph of
a sexual nature, or commit an indecent act of a sexual nature on school property, on a school bus or at a school-
sponsored event.

N. Threat of Injury/Assault against an Employee or a Student


A student wittshall not threaten (verbal or written) or attempt to injure another student, teacher, administrator, or
other school personnel. (This includes assault on a school employee defined in WV Code 61-2-15.)

O. Trespassing

A student witshall not enter upon the premises of District property, other than to the location to which the student
is assigned, without authorized from proper school authorities.

P, Harassment/Bullying/Intimidation

A student wt not bully/intimidate/harass another student. According to WV Code 18-2C-2, "harassment,
intimidate, or bullying" means any intentional gesture, or any intentional electronic, writing, verbal, or physical act,
communication, transmission, or threat that:

1. a reasonable person under the circumstances should know will have the effect of harming a student,
damaging a student's property, placing a student in reasonable fear of harm to his/her person, and/or placing
a student in reasonable fear of damage to his/her property;

2. is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or emotionally
abusive educational environment for a student; or

3. disrupts or interferes with the orderly operation of the school.
An electronic act, communication, transmission, or threat includes but is not limited to one (1) which is administered
via telephone, wireless phone, computer, pager, or any electronic or wireless device whatsoever, and includes but is
not limited to transmission of any image or voice, email or text message using any such device.
Acts of harassment, intimidation, or bullying that are reasonably perceived as being motivated by any actual or
perceived differentiating characteristic, or by association with a person who has or is perceived to have one (1) or
more of these characteristics, shall be reported using the following list: race, color, religion, ancestry, national origin,
gender, socioeconomic status, academic status, gender identity or expression, physical appearance, sexual
orientation, mental/physical/developmental/sensory disability, or other characteristic (see District Policy 5517.01).
When harassment, intimidation, or bullying are of a racial, sexual, and/or religious/ethnic nature, the above
definition applies to all cases regardless of whether they involve students, staff, or the public. Detailed definitions
related to inappropriate behavior of this nature are as follows:

1. Sexual harassment consists of sexual advances, requests for sexual favors, sexually motivated physical
conduct, or other verbal or physical conduct or communication of a sexual nature when:

a. submission to the conduct or communication is made a term or condition, either explicitly or implicitly,
of obtaining or retaining employment, or of obtaining an education; or

b. submission to or rejection of that conduct or communication by an individual is used as a factor in
decisions affecting that individual's employment or education; or that conduct or communication has
the purpose or effect of substantially or unreasonably interfering with an individual's employment or
education; or
c. creating an intimidating, hostile, or offensive employment or educational environment.
2. Amorous relationships between District employees and students are prohibited.
3. Sexual harassment may include but is not limited to:

a. verbal harassment of a sexual nature or abuse;

b. pressure for sexual activity;

c. inappropriate or unwelcome patting, pinching, or physical contact;

d. sexual behavior or words, including demands for sexual favors, accompanied by implied or overt
threats and/or promises concerning an individual's employment or educational status;

e. behavior, verbal, or written words or symbols directed at an individual because of gender; or

f, the use of authority to emphasize the sexuality of a student in a manner that prevents or impairs that
student's full enjoyment of educational benefits, climate/culture, or opportunities.

4. Racial harassment consists of physical, verbal, or written conduct relating to an individual's race when the
conduct:

a. has the purpose or effect of creating an intimidating, hostile, or offensive working or academic
environment;


b. has the purpose or effect of substantially or unreasonably interfering with an individual's work or
academic performance; or

c. otherwise adversely affects individual's employment or academic opportunities.

5. Religious/Ethnic harassment consists of physical, verbal, or written conduct which is related to an
individual's religion or ethnic background when the conduct:

a. has the purpose or effect of creating an intimidating, hostile, or offensive working or academic
environment;

b. has the purpose or effect of substantially or unreasonably interfering with an individual's work or
academic performance; or

c. otherwise adversely affects an individual's employment or academic opportunities.

6. Sexual violence is a physical act of aggression or force or the threat thereof which involves the touching of
another's intimate parts or forcing a person to touch any person's intimate parts. Intimate parts include the
primary genital area, groin, inner thigh, buttocks, or breast, as well as the clothing covering these areas.
Sexual violence may include, but is not limited to:

a. touching, patting, grabbing, or pinching another person's intimate parts, whether that person is of the
same sex or the opposite sex;

b. coercing, forcing, or attempting to coerce or force the touching of anyone's intimate parts;
c. coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another;

d. threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on
another; or

e. threatening or forcing exposure of intimate apparel or body parts by removal of clothing.

7. Racial violence is a physical act of aggression or assault upon another because of, or in a manner
reasonably related to, race.

8. Religious/Ethnic violence is a physical act of aggression or assault upon another because of, or in a
manner reasonably related to, religion or ethnicity.

M. Imitation Drugs: Possession, Use, Distribution, or Sale

A student wi not possess, use, distribute, or sell any substance that is expressly represented or implied to be a
controlled substance or simulate the effect and/or the appearance (color, shape, size, and markings) of a controlled
substance.

N. Inhalant Abuse

A student wittshall not deliberately inhale or sniff common products found in homes, schools, and communities with
the purpose of "getting high". The action may be referred to as huffing, sniffing, dusting, and/or bagging.

O. Possession/Use of Substance Containing Tobacco and/or Nicotine

A student witshall not unlawfully possess, use, or be under the influence of any substance containing tobacco
and/or nicotine or any paraphernalia intended for the manufacture, sale, and/or use of tobacco/nicotine products in
any building/area under the control of a District, including all activities or events sponsored by the

Special considerations according to WV Code 16-9A-4:

1. No person (student, staff member, or public guest) shall at any time use or distribute any tobacco or nicotine-
containing product on school property or during school-sponsored events.

2. Individuals supervising students off school grounds are prohibited from distributing or using tobacco or
nicotine-containing products in the presence of students.

3. An exception shall be made to allow possession/use of approved nicotine replacement product for tobacco
cessation. West Virginia Board of Education policy 2422.7 - Standards for Basic and Specialized Health Care
Procedures must be followed in order for students to use such products on school property or at school-
sponsored events.

LEVEL 4: Safe Schools Act Behaviors - are consistent with those addressed in WV Code 18A-5-1 and 18A-5-

1a. The following Level 4 behavior definitions are aligned with WV Code 61-6-17, 61-6-24, and 18A-5-1, and in the Gun-
Free Schools Act of 1994. These laws require that the principal, Superintendent, and the Board address Level 4 behaviors in
a specific manner as outlined in WV Code 18A-5-1a.

A. Battery on a School Employee


A student wiltshall not commit a battery by unlawfully and intentionally making physical contact of an insulting or
provoking nature with the person of a school employee or causing physical harm to a school employee as outlined in
WV Code 61-2-15(b).

B. Felony

A student wittshall not commit an act or engage in conduct that would constitute a felony under the laws of this
State if committed by an adult as outlined in WV Code 18A-5-1a(b)(i). Such acts that would constitute a felony
include, but are not limited to, arson (WV Code 61-3-1), malicious wounding and unlawful wounding (WV Code 61-2-
9), bomb threat (WV Code 61-6-17), sexual assault (WV Code 61-8B-3), terrorist act or false information about a
terrorist act, hoax terrorist act (WV Code 61-6-24), and grand larceny (WV Code 61-3-13).

C. Illegal Substance-Related Behaviors

A student wittshall not unlawfully possess, use, be under the influence of, distribute, or sell any substance containing
alcohol, over-the-counter drugs, prescription drugs, marijuana, narcotics, any other substance included in the
Uniform Controlled Substances Act as described in WV Code 60A-1-101, et seq., or any paraphernalia intended for
the manufacture, sale, and/or use of illegal substances in any building/area under the control of a District, including
all activities or events sponsored by the District. This includes violations of West Virginia Board of Education policy
2422.7 - Standards for Basic and Specialized Health Care Procedures and instances of prescription drug abuse.

D. Possession and/or Use of Dangerous Weapon

According to WV Code 18A-5-1a(a), a student wil+shall not possess a firearm or deadly weapon as defined in WV
Code 61-7-2, on any school bus, on school property, or at any school-sponsored function as defined in WV Code 61-
7-11a.

As defined in WV Code 61-7-2, a "dangerous weapon" means any device intended to cause injury or bodily harm,
any device used in a threatening manner that could cause injury or bodily harm, or any device that is primarily used
for self-protection. Dangerous weapons include, but are not limited to, blackjack, gravity knife, knife, knife-like
implement, switchblade knife, nunchaku, metallic or false knuckles, pistol, or revolver. A dangerous weapon may
also include the use of a legitimate tool, instrument, or equipment as a weapon include, but not limited to, pens,
pencils, compasses, or combs, with the intent to harm another.

Students may be subject to discipline for violation of the Student Code of Conduct even if that conduct occurs on property
not owned or controlled by the Board but which is connected to activities sanctioned or managed by the Board or its
personnel or incidents that have occurred on property owned or controlled by the Board. Such discipline shall be consistent
in all respects with the form and procedure for disciplining students set forth in Policy 5600 - Student Discipline and West
Virginia Board of Education policy 4373, referenced above.

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Revised 10/4/18
Revised 12/12/19
T.C. 11/5/2020

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