STUDENT CODE OF CONDUCT
Ohio Revised Code §3313.66 requires that students are provided with a
written notice of intent to suspend prior to being suspended. The statute
also requires that students and parents are provided with a written notice
of intent to expel. The notices shall include: (1) a statement of intent to
discipline; (2) a description of the acts which were in violation of the
Student Code of Conduct; (3) specific rules of the Student Code of Conduct
which were violated; (4) and the dates of the suspension or expulsion.
The written notice of intent to suspend shall be given to the student at an
informal hearing. The notice of intent to expel shall be sent to the student
and his parents and the students and parents will be provided an opportunity
for an informal hearing prior to a decision to expel.
Students will receive an unexcused absence for each school day missed as a
result of a suspension and/or expulsion.
A student or his parents may appeal any decision of the Clermont County
Educational Service Center (CCESC) administration to suspend a student from
school to the Superintendent or the Superintendent's designee. A student or
his parents may appeal an expulsion from school to the Governing Board of
Education or its designee. A student or parent must request an appeal in
writing within 14 days after the discipline measure takes effect. The
student and his parent may be represented in all appeal hearings. Pursuant
to Ohio law, a student or parent may further appeal an expulsion, suspension
to the Clermont County Court of Common Pleas.
It is the policy of Clermont County Educational Service Center Governing
Board of Education that students shall not be permitted to return to school
pending any appeal process with the administration or the court. CCESC will
make every effort to promptly hear all appeals to minimize a student's
absence from school. Should the Governing Board of Education, the
Superintendent, or their designees, reverse or modify a discipline decision
and permit a student to return to school, such student shall be permitted
ample time to makeup all assignments and work missed as a result of his or
her absence.
This Code of Regulations is adopted by the Governing Board of Education of
the CCESC pursuant to Sections 3313.661 and 3313.662, Ohio Revised Code. Any
student engaging in the following types of conduct either specifically or
generally like the kinds of conduct listed below is subject to expulsion,
suspension, emergency suspension, removal or permanent exclusion from
curricular activities pursuant to the Ohio Revised Code. This code of
regulations applies while a student is in the custody or control of the
school, on school grounds or closely proximate thereto, while at a
school-sponsored function or activity or on school-owned or provided
transportation vehicles. In addition, the Student Code of Conduct governs a
student's conduct at all times, on or off school property, when such student
conduct is reasonably related to the health and safety of other students
and/or school employees, or such conduct would unreasonably interrupt the
educational processes of CCESC Schools and/or programs.
The Superintendent may require a student to perform community service in
conjunction with or in place of a suspension or expulsion. The guidelines
under which this community service shall be performed are:
a. The student and parent will execute a document agreeing to the community
service in conjunction with or in place of a suspension or expulsion. If
community service is not completed to the Superintendent's satisfaction, all
or part of the suspension or expulsion may be reinstated.
b. Community service shall be performed at the place and time designated by
the Superintendent.
c. Community service is an option to be utilized at the sole discretion of
the Superintendent and is not available at the discretion of the student and
parent.
d. Any failure to complete community service in a timely and acceptable
manner shall result in the immediate cancellation of the community service
option and the immediate imposition of suspension or expulsion. Prior to
imposing a suspension/expulsion for failure to complete community service,
the parent/guardian and student shall be sent a written notice of the
Superintendent's intention and shall have three (3) days from the mailing of
the notice to request a meeting with the Superintendent to show cause why
the suspension/expulsion should not be imposed.
The types of conduct prohibited by this Code of Regulations are as follows:
Rule #1: Damage or destruction of school property, property of school
employees, or property of other students, on or off of school premises.
Rule #2: Damage or destruction of private property on school premises or in
areas controlled by the school.
Rule #3: Assault on a school employee, student or other person.
Rule #4: Harassment of school personnel or other students during school
and/or non-school hours.
Rule #5: Fighting.
Rule #6: Hazing (to persecute, harass or humiliate another student and/or
employee).
Rule #7: Chronic misbehavior which disrupts or interferes with any school
activity.
Rule #8: Disregard of reasonable directions or commands by school
authorities including school administrators and teachers.
Rule #9: Abuse of another. No student shall use or direct to, or about a
school employee, or student, words, phrases, or actions which are considered
to be slanderous or degrading in nature, words or phrases which could be
considered threatening, menacing or indicate an intent to cause harm to
person or property, and/or words or phrases which are obscene or profane as
defined by the majority of our society. Name calling and negative,
uncomplimentary and offensive remarks related to physical handicaps or
defects, mental handicaps, race, religion, nationality, appearance or other
reason is prohibited.
Rule #10: Disrespect to a teacher or other school authority.
Rule #11: Refusing to take detention or other properly administered
discipline.
Rule #12: Skipping detention.
Rule #13: Falsifying of information given to school authorities in the
legitimate pursuit of their jobs.
Rule #14: Forgery of school or school-related documents.
Rule #15: Cheating or plagiarizing.
Rule #16: Gambling.
Rule #17: Extortion of a student or school personnel.
Rule #18: Theft or possession of stolen goods.
Rule #19: Arson or other improper use of fire.
Rule #20: Possession of matches or lighters or other similar devices.
Rule #21: Possession or use of dangerous weapons or ordnance or objects
which look like weapons or ordnance, including, but not limited to, guns,
firearms, ammunition, knives, grenades, sling shots, bows, arrows, machetes,
brass knuckles, chains, studs, etc.; or possession or use of objects which
may render physical harm to another if improperly used, including, but not
limited to, axes, hatchets, hammers, saws, ice picks, screwdrivers, knives,
etc.
Rule #22: Buying, selling, transferring, using or possessing any substance
containing tobacco, including, but not limited to, cigarettes, cigars, a
pipe, a clove cigarette, chewing tobacco, snuff, and dip, or using tobacco
in any other form.
Rule #23: Buying, selling, transferring, using, possessing or being under
the influence of any controlled substance (drugs, narcotics, marijuana,
etc.) or inhalants, or buying, selling, using, possessing or being under the
influence of any counterfeit controlled substance. (any substance that is
made to look like a controlled substance, or is represented to be a
controlled substance, or that is believed to be a controlled substance).
Rule #24: Buying, selling, transferring, using, possessing or being under
the influence of any drug, medication, inhalant or other controlled
substance which can be taken internally where the students involved cannot
show a legitimate health or other reason for the use of such substances.
Rule #25: Buying, selling, transferring, using, or possessing any drug or
alcoholic paraphernalia to include instruments, objects, papers, pipes,
containers etc.
Rule #26: Possession of electronic communication devices and/or an
electronic laser pointing device or electronic light emitting device without
expressed written permission of administration. Students shall not be
permitted to possess beepers, pagers, cellular telephones or any other
related electronic communication devices.
Rule #27: Buying, selling, transferring, using, possessing or being under
the influence of any alcoholic beverage or intoxicant of any kind.
Rule #28: Cursing.
Rule #29: Use of indecent or obscene language in oral or written form.
Rule #30: Publication of obscene, pornographic or libelous material.
Rule #31: Placing of signs and slogans on school property without the
permission of the proper school authority.
Rule #32: Distribution on school premises of pamphlets, leaflets, buttons,
insignia, etc., without the permission of the proper school authority.
Rule #33: Demonstrations by individuals or groups causing disruption to the
school program.
Rule #34: Truancy.
Rule #35: Tardiness.
Rule #36: Leaving school premises during school hours without permission of
the proper school authority.
Rule #37: Upon initial arrival, leaving school property without permission.
Rule #38: Presence in areas during school hours or outside school hours
where a student has no legitimate business without permission of the proper
school authority.
Rule #39: Failure to abide by reasonable dress and appearance codes set
forth in student handbooks or established by administration or the Governing
Board of Education. This includes the prohibition of all clothing, jewelry,
signs, etc. which at the discretion of the Administration is reasonably
related to or represents gang or gang like activity.
Rule #40: Improper or suggestive dress.
Rule #41: Indecent exposure.
Rule #42: Engaging in sexual acts, displaying excessive affection or other
inappropriate behavior with a person of the same or opposite sex.
Rule #43: Turning in false fire, tornado, bomb, disaster or other alarms.
Rule #44: Making a bomb threat to a school building or any premises at which
a school activity is occurring at the time of the threat.
Rule #45: Presence on school property with a communicable disease.
Rule #46: Failure to abide by rules and regulations set forth by
administration for student parking.
Rule #47: Disobedience of driving regulations while on school premises.
Rule #48: Convey, attempt to conveyor knowingly possess a deadly weapon or
dangerous ordnance onto any property owned or controlled by or to any
activity held under the auspices of the Governing Board of Education.
Rule #49: Sell, offer to sell, or possess a controlled substance on school
premises or at a school-related function (trafficking in drugs).
Rule #50: Carrying concealed weapons.
Rule #51: Aggravated murder.
Rule #52: Murder.
Rule #53: Voluntary manslaughter.
Rule #54: Involuntary manslaughter.
Rule #55: Felonious assault.
Rule #56: Aggravated assault.
Rule #57: Rape.
Rule #58: Gross sexual imposition.
Rule #59: Felonious sexual penetration.
Rule #60: Any disruption or interference with school activities.
Rule #61: Willfully aiding another person to violate school regulations.
Rule #62: Commission by a pupil of any crime in violation of the Ohio
Criminal Code, Ohio Traffic Code or the Ohio Juvenile Code.
Rule #63: Any other activity by a pupil which the pupil knows or should know
will disrupt the academic process or a curricular or extracurricular
activity.
Rule #64: Failing to report the actions or plans of another person to a
teacher or administrator where these actions or plans of another person, if
carried out, could result in harm to another person or persons or damage to
property, when the student has information about such actions or plans.
Rule #65: Violation of any Governing Board rule, regulation or policy.
Rule #66: Repeated violations of the Student Code of Conduct and/or any
other Governing Board rule, regulation or policy.
Rule #67: Violation of the Governing Board's Internet/Network Acceptable Use
Policy.
For purposes of the Student Code of Conduct, the following shall apply:
a. “Emergency suspension” shall be the exclusion of a student who poses a
continuing danger to CCESC property or persons in the CCESC whose behavior
presents an ongoing threat of disrupting the educational process provided by
CCESC.
b. “Suspension” shall be the temporary exclusion of a student by the
Superintendent, principal, assistant principal, or any other administrator
from the CCESC’s instructional program for a period not to exceed ten (10)
school days. Suspension may extend beyond the current school year, if at the
time a suspension is imposed, fewer than ten (10) days remain in the school
year. The Superintendent may apply any or all of the period of suspension to
the following year. The procedures for suspension are set forth in the
Student Code of Conduct and Governing Board Policy JFC.
c. “Expulsion” shall be the exclusion of a student from the schools of CCESC
for a period not to exceed the greater of eighty (80) school days or the
number of school days remaining in the semester or term in which the
incident that gives rise to the expulsion takes place or for one (1) year as
specifically provided in this policy and the Student Code of Conduct. Only
the Superintendent may expel a student. The procedures for expulsion are set
forth in the Student Code of Conduct and Governing Board Policy JFC.
1. Firearm or Knife
Unless a student is permanently excluded from school, the Superintendent
shall expel a student from school for a period of one (1) year for bringing
a firearm or knife to a school building or on to any other property
(including a school vehicle) owned, controlled, or operated by the Governing
Board, to an interscholastic competition, an extra-curricular event, or at
any other school program or activity that is not located in a school or on
property that is owned or controlled by the Governing Board, except the
Superintendent may reduce this period on a case-by-case basis in accordance
with this policy. Similarly, the Superintendent shall expel a student from
school for a period of one (1) year for possessing a firearm or knife at
school or on any other property (including a school vehicle) owned,
controlled, or operated by the Governing Board, at interscholastic
competition, an extra-curricular event, or at school or on property that is
owned or controlled by the Governing Board, except the Superintendent may
reduce this period on a case-by-case basis in accordance with this policy.
The expulsion may extend, as necessary, into the school year following the
school year in which the incident that gave rise to the expulsion took
place. The Superintendent shall refer any student expelled for bringing a
firearm (as defined in 18 U.S.C. 921(a)(3)) or weapon to school to the
criminal justice or juvenile delinquency system serving the CCESC.
A firearm is defined as any weapon, including a starter gun, which will or
is designed to or may readily be converted to expel a projectile by the
action of an explosive, the frame or receiver of any such weapon, any
firearm muffler or silencer, or any destructive device. A destructive device
includes, but is not limited to, any explosive, incendiary, or poison gas,
bomb, grenade, rocket having a propellant charge of more than four (4)
ounces, missile having an explosive or incendiary charge of more than
one-quarter ounce, mine, or other similar device.
A knife is defined as any weapon or cutting instrument consisting of a blade
fastened to a handle; a razor blade; or any similar device (including sharp,
metal martial arts weapons such as ninja throwing stars) that is used for,
or is readily capable of, causing death or serious bodily injury.
The Superintendent may, in his/her sole judgment and discretion, modify or
reduce such expulsion in writing, to a period of less than one (1) year, on
a case-by-case basis, upon consideration of the following:
A. Applicable State or Federal laws and regulations relating to students
with disabilities (for example, where the incident involves a student with a
disability and the misconduct is determined by a group of persons
knowledgeable about the child to be a manifestation of the child’s
disability);
B. The degree of culpability given the age of the student and its relevance
to the misconduct and/or punishment and/or evidence regarding the probable
danger posed to the health and safety of others, including evidence of the
student’s intent and awareness regarding possession of the firearm or knife
and/or
C. The academic and disciplinary history of the student, including the
student’s response to the imposition of any prior discipline imposed for
behavioral problems.
2. Violent Conduct
If a student commits an act at school, on other school property, at an
interscholastic competition, extra-curricular event, or any other school
program or activity and the act:
A. would be a criminal offense if committed by an adult; and
B. results in serious physical harm to person(s) as defined in R.C.
2901.01(A) (5), or to property as defined in R.C. 2901.01(A)(6)
The Superintendent may expel the student for a period of up to one (1) year.
The Superintendent may extend the expulsion to the next school year or
reduce the expulsion as necessary on a case-by-case basis as specified
below. The student need not be prosecuted or convicted of any criminal act
to be expelled under this provision.
The Superintendent may, in his/her sole judgment and discretion, reduce such
expulsion to a period of less than one (1) year, on a case-by-case basis,
upon consideration of the following:
A. Applicable State or Federal laws and regulations relating to students
with disabilities (for example, where the incident involves a student with a
disability and the misconduct is determined by a group of persons
knowledgeable about the child to be a manifestation of the student’s
disability); or
B. Other extenuating circumstances, including, but not limited to, the
academic and disciplinary history of the student, including the student’s
response to the imposition of any prior discipline imposed for behavioral
problems.
If at the time of the suspension or expulsion there are fewer days remaining
in the school year than the number of days of the suspension or expulsion,
the Superintendent may apply any or all of the remaining period to the
following school year.
3. Bomb Threats
If a student makes a bomb threat to a school building or to any premises at
which a school activity is occurring at the time of the threat, the
Superintendent may expel the student for a period of up to one (1) year. The
Superintendent may extend the expulsion into the next school year or reduce
the expulsion as necessary on a case-by-case basis as specified below. The
student need not be prosecuted or convicted of any criminal act to be
expelled under this provision.
The Superintendent may, in his/her sole judgment and discretion, reduce such
expulsion to a period of less than one (1) year, on a case-by-case basis,
for the following reasons:
A. for students identified as disabled under the IDEA, ADA, and Section 504
of the Rehabilitation Act of 1973, upon recommendation from the group of
persons knowledgeable of the student’s educational needs; or
B. other extenuating circumstances, including, but not limited to, the
academic and disciplinary history of the student, including the student’s
response to the imposition of any prior discipline imposed for behavioral
problems.
If at the time of the suspension or expulsion there are fewer days remaining
in the school year than the number of days of the suspension or expulsion,
the Superintendent may apply any or all of the remaining period to the
following school year.
d. “Permanent exclusion” shall mean the student is banned forever from
attending a public school in the State of Ohio.
A copy of this policy is to be posted in a central location in each school
and made available to students and parents upon request. Key provisions of
the policy should also be included in the parent-student handbook.
[Adoption Date: June 21, 2001]
[Revised: August 16, 2007]
R.C. 2919.222, 3313.534, 3313.649, 3313.66, 3313.661, 3313.662, 3313.663,
3313.664, 3321.13(B)(3) and (C), 3327.014
18 U.S.C. §921
20 U.S.C. §3351, 20 U.S.C. §7151, 20 U.S.C. §8921
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