Policy 5480

Students

Grounds for Short-term Suspension, Long-term Suspension, Expulsion or Mandatory Reassignment

Reviewed and affirmed by the Board: 
Last Revision: 
Original publish date: 07/07/2014
Related policies & regulations:  
Legal references:  79-262, 79-263, 79-267, 79-283, 79-2,137

 

The Board specifically determines that the type of conduct for which expulsion is specified in this policy has the potential to seriously affect the health, safety or welfare of students, staff and other persons or to otherwise seriously interfere with the educational process.

1. The following types of student conduct shall constitute grounds for short-term suspension, long-term suspension, and expulsion or mandatory reassignment, when such activity occurs on school grounds, or in a school-owned or utilized vehicle, or during an educational function or event off school grounds, or at a school-sponsored activity or event.
   • Willfully disobeying any reasonable written or oral request of a school staff member.
   • Voicing of disrespect to those in authority.
   • Use of violence, force, coercion, threat, intimidation, hazing, harassment or other conduct done in a manner that constitutes a substantial interference with school purposes or making any communication that a reasonable recipient would interpret as a serious expression of intent to harm or cause injury to another.
   • Willfully causing or attempting to cause substantial damage to property, including the setting of a fire of any magnitude, stealing or attempting to steal property of substantial value, or repeated damage or theft involving property.
   • Causing or attempting to cause personal injury to any person, including, without limitation, any school employee, school volunteer, or student.
   • Threatening or intimidating any student for the purpose of, or with the intent of, obtaining money or anything of value from such student or making a threat which causes or may be expected to cause a disruption to school operations.
   • Knowingly possessing, handling, or transmitting any object or material that is ordinarily or generally considered a weapon or that has the appearance of a weapon or bringing or possessing any explosive device, including fireworks.
   • Engaging in the selling, using, possessing or dispensing of alcohol, tobacco, narcotics, drugs, controlled substance, inhalant or being under the influence of any of the above; or possession of drug paraphernalia.  Tobacco means any tobacco product (including, but not limited to, cigarettes, cigars and chewing tobacco), vapor products (such as e-cigarettes), alternative nicotine products, tobacco product lookalikes and products intended to replicate tobacco products either by appearance or effect.  Use of a controlled substance in the manner prescribed for the student by the student’s physician is not a violation.  The term “under the influence” has a less strict meaning than it does under criminal law.  For school purposes, the term means any level of impairment and includes even the odor of alcohol or illegal substances on the breath or person of a student; also, it includes being impaired by reason of the abuse of any material used as a stimulant
   • Engaging in the selling, using, possessing, or dispensing of an imitation controlled substance as defined in section 28-401, of the Nebraska statutes, or material represented to be alcohol, narcotics, drugs, controlled substance or inhalant.
   • Truancy or failure to attend assigned classes or assigned activities.
   • Tardiness to school, assigned classes or assigned activities.
   • The use of language, written or oral, or conduct, including gestures, which is hateful, profane or abusive to other individuals, including those involved in extracurricular activities.  Hateful, profane or abusive language or conduct includes, without limitation, that which is commonly understood and intended to be derogatory, vulgar or obscene or engaging in or attempting to engage in negative or harmful acts toward a group or individual in reference to a person’s race, color, religion, culture, ethnicity, national origin, age, disability, sex, gender identification, sexual orientation, pregnancy, childbirth or related medical condition, marital status, economic status, or veteran status.
   • Public indecency or sexual conduct.
   • Repeated violation of any of the rules adopted by the School District or the school.
   • Engaging in any unlawful activity which constitutes a danger to other students or interferes with school purposes.
   • Dressing or grooming in a manner wherein such dress is dangerous to the student’s health and safety or to the health and safety of others or repeated violations of the student’s dress and grooming standards; dressing, grooming or engaging in speech that is lewd or indecent, vulgar or plainly offensive; dressing, grooming or engaging in speech that school officials reasonably conclude will materially and substantially disrupt the work and discipline of the school; or dressing, grooming or engaging in speech that a reasonable observer would interpret as advocating illegal drug use.
   • Willfully violating the behavioral expectations for those students riding Lincoln Public Schools buses.
   • Recording the image or voice of another person with an electronic device, without the express permission of the person recorded, or the failure to promptly delete such a recording following the request of the person recorded.
   • Plagiarism or copyright infringement by students is considered academic dishonesty, is prohibited and may result in disciplinary action including expulsion from school.
   • Violation of technology guidelines.
   • Bullying.  Bullying is defined as any ongoing pattern of unwanted aggressive behavior by an individual or a number of individuals which may include physical, verbal or electronic abuse on school grounds, in a vehicle owned, leased or contracted by the school being used for a school purpose by a school employee or designee or at a school-sponsored activity or a school-sponsored athletic event.
2. When a code of conduct violation occurs at a school-sponsored activity, the suspension or removal from the activity may be immediate.  In addition to serving a suspension as provided in the Policy and applicable code of conduct, guidelines or handbooks (e.g., staff or student handbook or activities/athletics handbooks/guidelines), the District may require completion of restorative practices or programs approved by the Superintendent or their designee prior to attending any extracurricular events.
3. In addition a student may be suspended (short-term or long-term), expelled or mandatorily reassigned for sexually assaulting or attempting to sexually assault any person regardless of the time or location of the offense if a complaint alleging such conduct is filed in a court of competent jurisdiction.
4. In addition, a student who engages in the following conduct on school grounds, or in a school-owned or utilized vehicle, or during an educational function or event off school grounds or at a school-sponsored activity or event:
   • the knowingly and intentionally using of force in causing or attempting to cause personal injury to a school employee, school volunteer, or a student, except if caused by accident, self-defense, or on the reasonable belief that the force used was necessary to protect some other person and the extent of force used was reasonably believed to be necessary, or
   • the knowingly and intentionally possessing, using or transmitting of a dangerous weapon other than a firearm shall be expelled for the remainder of the school year in which it took effect if the misconduct occurs during the first semester, and if the expulsion for such conduct takes place during the second semester, the expulsion shall remain in effect for the first semester of the following school year.  Such action may be modified or terminated by the School District at any time during the expulsion period.
5. In addition, it is the policy of this School District to require the expulsion from school for a period of not less than one year of any student who is determined to have knowingly and intentionally possessed, used or transmitted a firearm on school grounds, in a school-owned or utilized vehicle, or during an educational function or event off school grounds, or at a school- sponsored activity or athletic event.  For purposes of this policy, “firearm” means a firearm as defined in 18 U.S.C. 921, as that statute existed on January 1, 1995. That statute includes the following statement:  “The term ‘firearm’ means (a) 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; (b) the frame or receiver of any such weapon; (c) any firearm muffler or firearm silencer; or (d) any destructive device.”  The Superintendent or the Board of Education may modify such required expulsion on an individual, case-by-case basis.  This policy shall not apply to:  (a) the issuance of firearms to or possession of firearms by members of the Reserve Officers Training Corps when training or (b) firearms which may lawfully be possessed by a person receiving instruction under the immediate supervision of an adult instructor who may lawfully possess firearms.
6. Bringing a firearm or other weapon or an item that has the appearance of a weapon to school or possessing such items at school for any reason is a violation of school rules.  However, a student will not be subject to disciplinary action if he/she brings such item to school under the following conditions:
   • Prior written permission to bring the item to school shall be obtained from the student’s teacher, building administrator and parent.
   • The purpose of having the item in school shall be for a legitimate educational function that could not be as effectively achieved without the item.
   • A plan for its transportation into and from the school, its storage while in the school building and how it will be displayed shall have prior written approval by the teacher and building administrator.  Such plan shall require that such item will be in the possession of an adult staff member at all times except for such times as is necessary to fulfill the educational function.
   • The item shall be in an inoperable condition while it is on school grounds and not be displayed at any time in a manner which may suggest to another person that it is to be used for the purpose of causing harm.
   • A student who brings or possesses a firearm or other weapon or an item which has the appearance of a weapon to school or possessing such items at school without having complied with the above conditions shall be subject to disciplinary action according to Policy 5480.