File: JCDA-R

CUMBERLAND COUNTY SCHOOLS STUDENT CODE OF CONDUCT

MISSION STATEMENT

 STATEMENT OF PURPOSE

 GENERAL PROVISIONS

 VIOLATIONS & CONSEQUENCES 

INAPPROPRIATE ITEMS ON SCHOOL PROPERTY
Any device disruptive to the school environment to include electronic devices, including but not limited to, pagers and mobile telephones and laser devices, will not be displayed or utilized while on the school bus or on school premises during the school day.

HONOR CODE VIOLATION
Cheating, plagiarism, dishonesty, falsification of assignments and signatures, violation of software regulations, copyright laws, and inappropriate computer access are considered honor code violations.  Also, selling merchandise, magazines, newspapers, or other property on school grounds, unless same is an approved school activity, is considered private enterprise and an honor code violation.

TRUANCY
Each student will be assigned a school schedule and must adhere to that schedule except when excused by the principal or a teacher authorized to excuse a student.

POSSESSION OF TOBACCO
Use of any tobacco product or possession of tobacco or tobacco paper is prohibited. This includes possession at any time in any school building or school vehicle on the school premises (including extra-curricular activities).

DRESS CODE VIOLATION
The dress code violation includes wearing, decorating or adorning clothing that is inappropriate to the learning process.  Clothing that reveals undergarments, chest, breast, naval, buttocks, or any private body part will be considered inappropriate for the school setting.  Any article that displays, suggests, promotes, or reveals a lewd, vulgar, unsafe, violent or sexual message through language, images and/or symbols is prohibited.

INAPPROPRIATE LANGUAGE/DISRESPECT
Any communication used to degrade, disrespect, or abusive in nature, whether by signs, symbols, or gestures is prohibited in the school environment.

GAMBLING
Gambling means to bet money, or wager anything on the outcome of a game, contest, or other event.

FALSIFICATION OF INFORMATION
Falsification of information is a false statement meant to deceive or give a wrong impression.

AGGRESSIVE BEHAVIOR
This assault occurs when a student is put in reasonable apprehension of harmful, offensive, or injurious contact by another student.  It also involves intentionally behaving in such a manner as could reasonably cause physical injury to any student.

DISRUPTIVE BEHAVIOR
Disruptive behavior constitutes any physical or verbal action which reasonably could or does substantially disrupt, disturb, or interfere with the peace, order, and/or discipline within the learning environment or during any school related activity and any verbal, physical, or visual forms of a sexual nature that create a hostile or abusive educational environment for other students.  No student shall engage in behavior which is indecent, disreputable, or of a sexual nature. No obscene, gang related material or article of clothing to suggest or promote gang affiliation will be displayed or possessed on school premises or during any school sponsored activities.  Pyrotechnics and incendiary devices or materials intended to result in an explosion and/or fire is not allowed on school property, any school sponsored event, or any activity representing Cumberland County Schools.  Pyrotechnics and incendiary devices include but are not limited to: fireworks, explosives, explosive making material, chemicals, lighters, explosive caps for toy pistols, snake and glow works, smoke devices, trick noisemakers, wire sparklers, and other sparkling devices.

INSUBORDINATION
Students shall comply with all appropriate or reasonable directions of principals, teachers, School Resource Officers, substitute teachers, student teachers, teacher assistants, bus drivers, and all other school personnel who are authorized to give such directions during any period of time when they are subject to the authority of such school personnel.

FIGHTING
Fighting is the act of hitting or kicking another student or other person.  Any action, comments, or written messages intended to cause others to fight or which might reasonably be expected to result in a fight will be considered the same as fighting.  A student who is attacked may use reasonable force in self-defense but only to the extent to free himself/herself from the attack and notify proper school authorities.   A student who exceeds this reasonable force may be disciplined even though he/she may not have provoked the fight.

THEFT
Theft is stealing, attempting to steal, or possessing stolen property having reason to know it was stolen.

PROPERTY DAMAGE
Damage is intentionally damaging, or attempting to damage, any school property or private property while under school jurisdiction.

 ASSAULT / OTHER
This assault occurs when a non-student or non-school employee is put in reasonable apprehension of harmful, offensive, or injurious contact by any student.

COMMUNICATING THREATS
Threatening actions include language that reasonably threatens force of violence and any sign or action that reasonably constitutes a threat of force or violence toward any school employee, other student, or any other person.

EXTORTION
Extortion is the use of one’s position or powers to obtain property, funds, or patronage.

DISORDERLY CONDUCT
Disorderly conduct is any action that disrupts the peace and order of the school.  Trespassing/Loitering is also included as a part of disorderly conduct.  Trespassing to include loitering is the presence of any student on the campus of another school in the Cumberland County Public School System during the school day without the knowledge and consent of the officials of the school he/she is visiting.  Any student who has been suspended from school will be considered trespassing if he/she appears on school property during the suspension period without the express permission of the principal.

AFFRAY
An affray is a fight between two or more persons in a public place so as to cause terror to the people.

HARASSMENT-VERBAL
Verbal harassment means to worry, torment, trouble, verbally attack, or irritate persistently any student, school employee, or any other person.

HAZING
To annoy any student by playing abusive or ridiculous tricks upon him, to frighten, scold, beat, or harass him or subject him to personal indignity is hazing.

POSSESSION OF COUNTERFEIT ITEMS
Any false item, which, without authorization, bears a trademark, tradename, or other identifying marks, imprint, number or device to include currency is prohibited.

USE OF COUNTERFEIT ITEMS
Use of any counterfeit item, which the person thereof obtains, or attempts to obtain, money, property, services, or some thing of value is prohibited.

ASSAULT ON STUDENT
This assault occurs when a student is put in reasonable apprehension of harmful, offensive, or injurious contact by another and such contact results.

ASSAULT ON SCHOOL PERSONNEL
This assault occurs when school official, employee or school volunteer who is not a student is put in reasonable apprehension of harmful, offensive, or injurious contact by any student or behavior of a student that could reasonably cause physical injury to any school official, employee or school volunteer who is not a student.

ASSAULT INVOLVING USE OF A WEAPON
Assault with a weapon or other object that could reasonably be considered a weapon.  A weapon includes any incendiary device, defined under Class II, any firearms or explosive device defined in Class IV, or any weapon or dangerous instrument defined below.

FALSE FIRE ALARMS
Students will not initiate a false fire alarm on any school premises.

POSSESSION OF CONTROLLED SUBSTANCES
Possession of narcotic drugs on or in the immediate control of the person is prohibited.  This includes any substances listed in the NC Controlled Substances Act (possession of any amount in any form) and unauthorized possession of a prescription drug.

USE OF NARCOTICS
Use of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance.  Use of drug paraphernalia or counterfeit drugs or inhaling or ingesting any chemicals or products with the intention of bringing about a state of exhilaration or euphoria or of otherwise altering the student’s mood or behavior.

USE OF CONTROLLED SUBSTANCE
Use of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance.

POSSESSION OF CHEMICAL AND DRUG PARAPHERNALIA
Possession of drug paraphernalia or counterfeit drugs for inhaling / ingesting or any chemicals and/or products with the intention of bringing about a state of exhilaration or euphoria or otherwise altering the student’s mood or behavior.

ALCOHOL POSSESSION
(See G.S. 18B-300 to 302).  Any underage person who purchases, provides or sells to another, possesses or has in his/her immediate custody or control, malt beverages, fortified or unfortified wine, or spirituous liquor, in any amount or form, on school property owned or leased by the local board of education, or at school-sponsored events is prohibited (comparable to a misdemeanor violation by G.S. 18B-102 and G.S. 18B-300, 301 and 302).

USE OF ALCOHOLIC BEVERAGES
To consume malt beverages, fortified or unfortified wine, or spirituous liquor, in any amount or form on school property.

HARASSMENT - SEXUAL
Unwelcome sexual advances and sexually motivated physical contact are sexual harassment.  Verbal, physical, or visual forms of a sexual nature that create a hostile or abusive educational environment for other students are also sexual harassment.

POSSESSION OF A WEAPON
Handling or transferring, whether openly or concealed, without educational permission or consent, any BB gun, stun gun, air rifle, air pistol, facsimile of a gun, ammunition, knife, ice pick, dagger, slingshot, leaded cane, loaded cane, sword cane, machete, switchblade knife, blackjack, metallic knuckles, razors and razor blades, or any other object that can reasonably be considered a weapon or dangerous instrument.

UNLAWFULLY SETTING A FIRE
Intentionally starting a fire or attempting to start a fire or aiding and abetting in the starting or attempting to start a fire without educational permission or consent is prohibited.

DEATH BY OTHER THAN NATURAL CAUSES
Death by other than natural causes is the killing of a living person done by another person including, but not limited to, murder, manslaughter and death by vehicle.

ROBBERY WITH A DANGEROUS WEAPON
This includes theft or attempted theft of anything of value from the person of another, or from the area under the immediate bodily control of the other, by using a dangerous weapon or by an act threatening use of a dangerous weapon.  A dangerous weapon is any article, instrument or substance that is likely to produce death or great bodily harm.  Forcible theft or attempted theft from a person without the use of a dangerous weapon should be reported under Robbery Without a Dangerous Weapon.

ROBBERY WITHOUT A DANGEROUS WEAPON
The taking or attempting to take anything of value from another’s person, by force, or by an act threatening force or violence, which puts a victim in fear, without the use of a weapon. The stealing of someone’s property without the use of force or from a source other than the victim’s person is not included in this offense. If the taking from the person involves use of a dangerous weapon the incident is reported under Robbery With a Dangerous Weapon.

RAPE
Rape may be statutory or forcible.  Forcible Rape is committed by force and without the consent of the victim, regardless of age.  Statutory Rape is committed on a child under the age of 16 by a person who is at least 12 years old and at least 4 years older than the victim, regardless of whether the victim consented.

SEXUAL OFFENSE
Sexual Offense may be forcible or statutory.  Forcible Sexual Offense is committed by force and without the consent of the victim.  Statutory Sexual Offense is a sexual act committed on a child under the age of 16 by a person who is at least 12 years old and at least 4 years older than the victim, regardless of whether the victim consented.  Statutory Sexual Offense is also sexual acts committed on a person who is mentally handicapped or incapacitated or physically helpless, regardless of whether the victim consented.

SEXUAL ASSAULT
An unauthorized and unwanted, intentional, or forcible touching of a person of either sex.  This category includes forcibly and intentionally grabbing the clothed or unclothed anatomy of a person, without the consent of the victim.

KIDNAPPING
Confining, restraining or removing from one place to another a person, without his/her or the victim’s or a minor victim’s parents’ consent, for the purpose of committing a felony; or holding a victim as hostage or for ransom, or for use as a shield. A parent taking a child in violation of a court order, although it may be a crime, is not kidnapping for this purpose.

ADULT TAKING INDECENT LIBERTIES WITH A MINOR
Committing a sexual act with or in the presence of a child under the age of 16 years, by a person at least age 16 and at least five years older than the child, for sexual gratification, regardless of whether force was used, or whether the victim consented.

BOMB THREATS (dynamite, cartridge, bomb, grenade, mine, or powerful explosive)
Communicating a report, while knowing or having reason to know the report is false, that there is located on any school premises a device designed to cause damage or destruction by explosion, blasting, or burning.  Placing on any school premises with the intent of perpetrating a hoax, any device that would appear to a reasonable person to be a bomb or similar instrument capable of causing injury and/or damage. (G.S. 14.69.1 et.seq. or G.S. 14-69.2)

POSSESSION OF FIREARM (gun, rifle, pistol, or other firearm)
The handling or transmitting , whether openly or concealed, of any gun, rifle, pistol or any other firearm of any kind or explosive device on school property or at school sponsored activities.

ASSAULT RESULTING IN SERIOUS INJURY (to teacher, other school personnel, another student)
This assault is one that causes serious physical injury

Any behavior, which indicates that the student’s continued presence in school, constitutes a clear threat to the safety of other students or employees.

BUS MISBEHAVIOR
School transportation service is a privilege, not a right.  Students at all times while riding a school bus will observe the directives of the school bus driver and all other rules outlined in this code of conduct.

A.                 Short-Term Suspension – suspension from school, school activities, and school grounds for a  period up to and including ten (10) days.  A short term suspension does not include the removal of a student from class by the classroom teacher, principal or other authorized school personnel for the remainder of the subject period or school day and/or changing the student’s location to another room or place on the school premises. 

B.                 Long-Term Suspension – suspension from school, school activities, and school grounds in excess of ten (10) days but not exceeding the time remaining in the school year.  This long-term suspension must have the approval of the Superintendent. 

C.               Long-Term Suspension – 365 Days – suspension from school, school activities, and school grounds for a period of 365 days as specified in G.S. 115C-391.  This long-term suspension must have the approval of the Superintendent. 

D.                 Expulsion – permanent exclusion from the Cumberland County Public Schools of a student (1) who is fourteen years of age or older and (2) whose behavior indicates that the student’s continued presence in school constitutes a clear threat to the safety of employees or other students.  Expulsion can only be authorized by the Board of Education, upon the recommendation of the Principal and Superintendent.

 E.                 Disciplinary Assignments  – Assignment to an alternative program 

 F.                CALCULATION OF DAYS – number of days refers to days when schools are in session for students except for reference to a 365-day suspension which refers to calendar days. 

 G.               A parent of a student who has committed two Class II offenses shall be given written notice that, on the finding by the principal that the student has committed a third suspendable offense, the principal shall recommend to the Superintendent that the student be long-term suspended, with consideration for enrollment at the appropriate alternative school.

 H.       The school principal must report immediately to law enforcement officials and provide a written report to law
            enforcement and the Superintendent or his designee within 24 hours of the offense the following acts when they
            occur on school grounds,  regardless of the age or grade of the perpetrator or victim:  

 In accordance with G.S. 115C-366

 (a4)  When a student transfers into the public schools of a local school administrative unit, that local board shall require the student’s parent, guardian, or custodian to provide a statement made under oath of affirmation before a qualified official indicating whether the student is, at the time, under suspension or expulsion from attendance at a private or public school in this or any other state or has been convicted of a felony in this or any other state.  This subsection does not apply to the enrollment of a student who has never been enrolled in or attended a private or public school in this or any other state.

The Board of Education mandates and the law requires that all students be treated fairly and honestly in resolving grievances, complaints, or suspensions/expulsions.  Due process will be defined as fair and reasonable notices and approaches to all areas of student governance and discipline on the part of all school officials.  The principal shall give full and complete consideration to the defense or excuses, if any, made by the student and dismiss the charges if not satisfied as to the guilt of the student or reduce the punishment if not satisfied as to reasonableness of the proposed disciplinary action under all the circumstances. The following due process procedure will be followed:

 A.     SHORT-TERM SUSPENSIONS (TEN DAYS OR LESS) 
        ·        Written notice of charges and hearing
         ·        Hearing (Hearing can be delayed up to 24 hours upon parents request.)
         ·        Written Notification of Decision

 B.     LONG-TERM SUSPENSIONS & EXPULSIONS (MORE THAN TEN DAYS)
        ·        Written notice of charges and hearing
        ·        Written notice of temporary suspension (if applicable)
        ·        Hearing (Hearing must be conducted in 2-5 days.)
       ·        Written Notification of Decision and Appeals Procedure

Appeals of short-term suspensions (ten (10) days or less):  If the parent or legal guardian alleges that the principal failed to provide the student with sufficient notice of the charges or an opportunity to explain or otherwise answer the charges, then the parent or legal guardian shall have the right to have the suspension procedure reviewed by the Superintendent’s Administrative Hearing Officer.  The Administrative Officer’s determination shall be limited to the written record and no evidentiary hearing will be held.  The parent or legal guardian shall have seven (7) school days from the date of the final decision of the principal to file the required request form in the office of the principal.

 Appeals of Long-term suspensions (more than 10 days) and Disciplinary Assignment For An Alternative Education Program: If the final decision of the principal is unacceptable to the student and his/her parents or legal custodian, they may appeal to the Superintendent’s Administrative Hearing Officer, in writing, within ten (10) calendar days from the date of the school administrative hearing.   

 It is the policy of the Cumberland County Public School System not to discriminate on the basis of race, ethnic origin, sex, or disability in its educational programs, activities, or employment policies as required by Title IX of the 1972 Education Amendments, Section 504 of the Rehabilitation Act of 1973, and Title II of the 1990 Americans with Disabilities Act (ADA).

In an effort to create in each of our schools an environment highly conducive to learning and in compliance with Safe and Drug-Free Schools Act of 1994 – Title IV, Cumberland County Schools provide comprehensive, age-appropriate, developmentally based drug abuse and violence prevention education for all students from preschool level through grade 12.  School-based Student Services teams provide case management, intervention, and referral services and will ensure re-entry into school after treatment for those students who are otherwise entitled to services provided by the Cumberland County Board of Education.

Adopted by the Cumberland County Board of Education on July 12, 1994.  Revised on June 13, 1995. Editorially revised on July 26, 1995.  Revised August 8, 1995. Revised July 9, 1996. Revised August 12, 1997.  Revised December 9, 1997.  Revised May 12, 1998.  Revised June 8, 1999. Revised November 9, 1999.  Revised March 14, 2000.  Revised April 10, 2001.  Rescinded as Board Policy and approved as administrative procedure by the Superintendent on June 18, 2002. Editorial Revision 7-31-02.  Revised June 9, 2003.  Revised November 11, 2003.  Revised April 22, 2004.