3240 Student Conduct Expectations and Reasonable Sanctions

  • The board acknowledges that conduct and behavior is closely associated to learning. An effective instructional program requires a wholesome and orderly school environment. The board requires that each student adhere to the rules of conduct and submit to corrective action taken as a result of conduct violations. The rules of conduct are applicable during the school day as well as during any school activity conducted on or off campus. Special rules are also applicable while riding on a school bus.

    Students are expected to:

    1. Respect the rights, person and property of others;
    2. Pursue the required course of study;
    3. Preserve the degree of order necessary for a positive climate for learning;
    4. Comply with district rules and regulations; and
    5. Submit to the authority of staff and reasonable discipline imposed by school employees and respond accordingly.

    The board also recognizes that schools must take reasonable steps so that students who fail to adhere to the district’s rules and regulations and who receive discipline for such misconduct remain engaged or are effectively reengaged in their educational program.    

    The superintendent will develop written rules of conduct which will carry out the intent of the board and establish procedures necessary to implement this policy.

    Cross Reference:
    Board Policy 3241         Classroom Management, Discipline and Corrective Actions
    Board Policy 6605         Student Safety Walking, Biking and Riding Buses to School

    Legal References:     
    RCW 4.24.190                 Action against parent for willful injury to property by minor – Monetary limitation – Common law liability preserved
    RCW 9A.16.020              Use of force – when lawful
    RCW 9.41                         Firearms and dangerous weapons
    RCW 9.91.160                 Personal protection spray devices
    RCW 28A.210.310         Prohibition on use of tobacco products on school property
    RCW 28A.320.128         Notice and disclosure policies – Threats of violence – Student conduct – Immunity for good faith notice – Penalty
    RCW 28A.400.110         Principal to assure appropri­ate student discipline – Building discipline standards – Classes to improve classroom management skills
    RCW 28A.600.015         Rules incorporating due process guarantees of pupils with regard to expulsions and suspensions
    RCW 28A.600.020         Exclusion of student from classroom – Written disciplinary procedures – Long-term suspension or expulsion
    RCW 28A.600.022         Suspended or expelled students – Reengagement plan.
    RCW 28A.600.040         Pupils to comply with rules & regulations         
    RCW 28A.635.060         Defacing or injuring school property – Liability of pupil, parent or guardian – Withholding grades, diploma, or transcripts – Suspension and restitution – Voluntary work program as alternative – Rights protected
    RCW 28A.635.090         Interference by force or violence – Penalty
    RCW 28A.635.100         Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful – Penalty
    WAC 392-400-205         Definitions
    WAC 392-400-210         Student responsibilities and duties
    WAC 392-400-215         Student rights
    WAC 392-400-225         School district rules defining misconduct –Distribution of rules
    WAC 392-400-226           School district rules defining harassment, intimidation and bullying prevention policies and procedures – Distribution of rules
    WAC 392-400-227           School district rules defining students’ religious rights
    WAC 392-400-233           Unexcused absences and tardiness
    20 U.S.C. 7101 et seq.   Safe and Drug-Free Schools and Communities Act

    Management Resources:
    Policy and Legal News         Sept. 2013; Aug. 2014; July 2016    
    Policy and Legal News         Aug. 2014

    ADOPTED: 03/27/1997
    REVISED: 10/22/98; 02/22/07; 08/28/14; 11/25/14; 9/22/16

    Procedure No. 3240P Student Conduct Expectations and Reasonable Sanctions
    Student Conduct Expectations

    As authorized by chapter 28A.600 RCW, the following procedure sets forth rights and conduct expectations for students, along with the sanctions that may be imposed for violations of such expectations.  At all times, this procedure will be read consistent with federal statutes and regulations, state statutes, common law, and rules promulgated by the Washington Office of the Superintendent of Public Instruction. For procedures and legal requirements related to imposition of suspension and expulsion, see Policy and Procedure 3241, Classroom Management, Discipline and Corrective Action.

    Respect for the Law and the Rights of Others

    The student is responsible as a citizen to observe the laws of the United States, the state of Washington, and local ordinances and laws. The student will respect the rights of others while in school, on school property, at all school activities, on district provided transportation or otherwise under school authority. 

    Compliance with Rules

    All students will obey the written rules and regulations established for the orderly operation of the district and the reasonable requests, instructions, and directives of district personnel.  For purposes of Policy 3240 and this procedure, the term “district personnel” includes all adults, including contractors and volunteers, authorized to supervise student activities.  Failure to do so will be cause for disciplinary action.  All students will submit to reasonable discipline by the school district and its representatives for violations of policies, regulations and rules.

    Student Rights

    In addition to individual rights established by law and district policies, students served by or on behalf of the district will have the right to:

    • High educational standards in a safe and sanitary building;
    • Education consistent with stated district goals;
    • Equal educational opportunity and in all aspects of the educational process freedom from discrimination based on economic status, pregnancy, marital status, sex, race, creed, religion, color, national origin, age, honorably discharged veteran or military status, sexual orientation including gender expression or identity, the presence of any sensory, mental or physical disability, or the use of trained dog guide or service animal by a person with a disability;
    • Access to their own education records at reasonable school times upon request;
    • Fair and just treatment from school authorities and freedom from mistreatment and physical abuse;
    • Freedom from unlawful interference in their pursuit of an education while in the custody of the district;
    • Security against unreasonable searches and seizures;
    • The substantive constitutional rights listed in WAC 392-400-215, subject to reasonable limitations upon the time, place, and manner of exercising such rights consistent with the maintenance of an orderly and efficient educational process within limitations set by law, including the right to:

      • Freedom of speech and press;
      • Peaceably assemble;
      • Petition the government and its representatives for a redress of grievances;
      • The free exercise of religion and to have their schools free from sectarian control or influence; and
    • Participate in the development of rules and regulations to which they are subject and to be instructed on rules and regulations that affect them;
    • Establish appropriate channels to voice their opinions in the development of curriculum;
    • Representation on advisory committees affecting students and student rights;
    • Present petitions, complaints, or grievances to school authorities and the right to prompt replies;
    • Consult with teachers, counselors, administrators and other school personnel at reasonable times;
    • Be involved in school activities, provided they meet the reasonable qualifications of the sponsoring organizations;
    • Free election of their peers in student government and the right to hold office;
    • Know the requirements of the course of study, be informed about and know upon what basis grades will be determined;
    • Citizenship privileges as determined by the United States and Washington State Constitution and its amendments; and
    • Annual information pertaining to the district’s rules and regulations regarding students, discipline and rights, including the periodic review and update of discipline rules, policies, and procedures.

    Scope of District Authority

    Students who involve themselves in acts that have a detrimental effect on the maintenance and operation of the school or the school district; criminal acts; and/or violations of school rules and regulations, may be subject to disciplinary action by the school and prosecution under the law.  The rules will be enforced by school officials:

    • On school grounds during and immediately before and immediately after school hours;
    • On school grounds at any other time when school is being used by a school group(s) or for a school activity;
    • Off school grounds at a school activity, function, or event;
    • Off the school grounds if the actions of the student materially or substantially affects or interferes with the education process;
    • In school-provided transportation, or any other place while under the authority of school personnel.

    Disruptive Conduct

    The student will not intentionally cause substantial and/or material disruption of any school operations.  The following illustrate the kinds of offenses that are prohibited:

    • Intentionally obstructing normal pedestrian or vehicular traffic on a school campus;
    • Intentionally obstructing the entrance or exit of any school building or room in order to deprive others of passing through;
    • Causing a disturbance or disruption on school grounds, at school activities, or on district-provided transportation, including substantially interfering with any class or activity;
    • Alteration of records. A student who falsifies, alters, destroys a school record or any communication between home and school shall be subject to corrective action;
    • Cheating. Any student who knowingly submits work of others represented as their own shall be considered to have cheated. Cheating also includes the aiding and abetting of cheating by others;
    • Defiance of school personnel by:

      • Disobedience of reasonable requests, instruction, and directives of school personnel;
      • Refusal to leave an area when instructed to do so by school personnel;
      • Refusing a reasonable request to identify oneself to district personnel (including law enforcement officers) while under the supervision of the school; and
      • Refusal to cease prohibited behavior;

    • Disruptive or dangerous use of motor vehicles or conduct on a school bus that endangers students;
    • Gambling or encouraging other students to gamble;
    • Harassment of others;
    • Inappropriate dress or appearance;
    • Trespassing on school property or school transportation at a time or place the student’s presence is not permitted;
    • Occupying a school building or school grounds in order to deprive others of its use;
    • Preventing students from attending class or school activities;
    • Tardiness;
    • Truancy;
    • Use or possession of tobacco;
    • Using any object in a dangerous manner:
    • Intentionally defacing or destroying the property of another.

    Exceptional Misconduct

    Exceptional misconduct is a violation of rules so serious in nature and/or so disruptive as to warrant an immediate short-term or long-term suspension.  Exceptional misconduct includes the following:

    • Arson;
    • Assault, if the assault involves injury to another, bodily fluids, or a weapon;
    • Commission of any crime on school grounds, or the commission of a crime or other dangerous conduct anywhere that indicates the student’s presence on school grounds poses a danger to other students or staff;*
    • Cumulative acts of disruptive conduct or exceptional misconduct;*
    • Causing intentional, substantial damage or destruction to school property or the property of another on school grounds or school activities;
    • Dangerous use of motor vehicles on school grounds or at school activities, or endangering students on a school bus;
    • Disruption of school program by bomb scare, false fire alarms, firecrackers, etc.;*
    • Extortion;*
    • Fighting: Fighting and instigating, promoting, or escalating a fight, as well as failure to disperse.  Engaging in any form of fighting where physical blows are exchanged is prohibited, regardless of who initiated the fight.  This prohibition includes hitting, slapping, pulling hair, biting, kicking, choking, and scratching or any other acts in which a student intentionally inflicts or attempts to inflict injury on another;*
    • Gang-related behavior: the creation, display, or communication of gestures, language, imagery, or symbols commonly associated with gang culture, promotion of gang culture or violence, or the solicitation or recruitment of gang members;*
    • Harassment/intimidation/bullying of others;*
    • Knowingly possessing stolen property;*
    • Possession, use, sale, or delivery of illegal or controlled chemical substances, including marijuana or substances containing marijuana and alcoholic beverages, as well as possession of items reasonably determined to be drug paraphernalia as used or possessed;
    • Presence on school property or at a school activity following the consumption or use elsewhere of an alcoholic beverage or a controlled substance, including marijuana;
    • Sexual misconduct on school grounds, at school activities, or on school provided transportation;*
    • Theft on school grounds, at school activities, on school provided transportation, or of school property at any time;*
    • Threats of violence to other students or staff;
    • Use or possession of dangerous weapons, including firearms, air guns, knives, nunchaku sticks, throwing stars, stun guns, explosives and other weapons prohibited by state law.

    *District Note:  While these marked offenses are “exceptional misconduct” and an immediate imposition of short-term suspension is permissible, each offense may be a “discretionary discipline offense” for which long-term suspension and expulsion/emergency expulsion cannot be imposed.  If the school is considering imposition of long-term suspension, emergency expulsion, or expulsion for any offense marked with an asterisk, the behavior must also be explicitly listed in procedure 3241P under the section entitled “Suspensions, Expulsions, and Discretionary Offenses.” 

    Guidelines for Sanctions

    Chapter 392-400 WAC contains the following restrictions for suspensions

    • Kindergarten through grade four – No student in grades kindergarten through four shall be subject to short-term suspensions for more than a total of ten school days during any single semester, and no loss of academic grades or credit shall be imposed by reason of the suspension of such a student.
    • Grades five and above – No student in grade five and above shall be subjected to short-term suspension for more than a total of fifteen school days during any single semester.

    In all cases where sanctions are imposed, a reasonable effort to contact parents or guardians will occur prior to, or contemporaneous with, the imposition of the sanction, in addition to any written notice required by law.  When a school administrator has good and sufficient reason to believe that a student’s presence poses an immediate and continuing danger to the student, other students, or school staff, or an immediate and continuing threat of substantial disruption of the educational process, immediate emergency removal or emergency expulsion may be appropriate. (See Policy 3241)

    In conjunction with the following sanctioning guidelines, administrators may also consider any alternative form of corrective action – including programs intended to lessen the time of exclusion from class attendance – which has been approved by the Board of Directors and/or Superintendent.  The district encourages the use of alternative forms of corrective action when possible and practicable in light of the duty to maintain safe and orderly school environments conducive to student learning.

    In additional to school sanctions, administrators should determine whether restitution for damage or injury should be considered.

    Implementing the Guidelines for Sanctions

    It is presumed that school administrators will sanction a student for the following offenses within each listed standard range, beginning at the presumptive sanction and determining whether mitigating or aggravating factors warrant a sanction higher or lower within the standard range.  School administrators are expected to use their professional judgment and experience when assigning students sanctions and will, to the best of their abilities, attempt to apply these sanctions to all similarly-situated students in a fair and equitable manner.  The administrator’s judgment and discretion will carefully balance the duty to maintain order and discipline in a safe school environment, the appropriate corrective action needed to address the student’s misconduct, and the student’s long-term educational success.

    The sanctions below do not prohibit administrators from considering approved alternatives to out-of-school suspensions or expulsion, including in-school suspension.  The standard range for each offense does not prohibit a school administrator from exceeding the range, up to and including expulsion, if sufficient aggravating factors warrant such corrective action or if the threat of danger or substantial disruption supports an emergency expulsion under WAC 392-400-295.

    Definitions

    Elementary = grades K-5

    Secondary = grades 6-12

    Arson

    DEFINITION:  any intentional or reckless setting of a fire or other burning of personal or public property.  Reckless means that the student understood, but acted with disregard for, the consequences of their conduct.

    STANDARD RANGE:  0 to 20 Day Suspension

    PRESUMPTIVE STANDARD SANCTION:

    Elementary:  Short-Term Suspension of 1 day

    Secondary:  Short-Term Suspension of 5 days

    MITIGATING FACTORS:

    • No prior misconduct
    • Minimal property damage
    • Little potential of harm
    • Student’s intent or purpose
    • Student’s age and/or ability to understand potential consequences of the conduct
    • Admitted or self-reported conduct
    • Student attempted, but failed to or was prevented from, carrying out the conduct

    AGGRAVATING FACTORS:

    • Significant damage
    • Potential for serious harm
    • Intent or purpose in setting fire
    • Previous discipline history of student warranting progressive sanctions
    • Student’s presence on campus is determined to be a threat to self or others

    Assault

    DEFINITION:  actual or attempted hitting, striking or other wrongful physical contact inflicted on another either directly or indirectly through an object. 

    STANDARD RANGE:  0 to 10 Day Suspension

    PRESUMPTIVE STANDARD SANCTION:

    Elementary:  0-3 Days

    Secondary:  Short-Term Suspension of 5-10 days

    MITIGATING FACTORS:

    • No prior documented misconduct
    • Minimal injury
    • Student was primarily acting defensively, but facts do not support a conclusion that the student’s conduct was clearly reasonable self-defense as defined in this procedure.
    • Student’s age and/or inability to understand potential consequences of the conduct
    • Admitted or self-reported conduct

    AGGRAVATING FACTORS:

    • Serious actual or potential injury
    • Use of an object or weapon
    • Premeditated conduct
    • Multiple students assaulting a single student
    • Prior assault(s), threat(s), harassment, or bullying by the student against the same person
    • Exceptional severity or cruelty
    • Conduct is motivated by perceived race, color, national origin, gender, sexual orientation, gender expression, disability, or any similar actual or perceived characteristic of the other student
    • Conduct is motivated by actual or perceived gang rivalry or affiliation
    • Previous discipline record of student warranting progressive sanctions

    REASONABLE SELF-DEFENSE

    It is expected that a student must always first retreat from any threat of harm and/or contact a staff member for assistance before engaging in any type of physical response to an assault.  However, an administrator may decide not to subject a student to full sanctions if, following a reasonable investigation, the administrator determines that all of the following are true:

    • A student who is being assaulted or witnesses another student being assaulted acts only in a manner that is defensive and protective of himself/herself or others;
    • The student is acting in a manner that a building administrator determines is reasonable and necessary in light of the circumstances; and
    • The student did not instigate, provoke, or promote the violence by their own words or conduct prior to the assault.

    A reasonable physical response to an assault may include holding the assailant’s hands or arms to prevent the assault, or pulling two fighting students apart and hold them until staff members arrive to intervene. 

    Causing Destruction or Damage to Property

    DEFINITION:  the unauthorized, intentional damage to district property or the property of others (other than arson, see above)

    STANDARD RANGE:  0 to 10 Days Suspension

    PRESUMPTIVE STANDARD SANCTION:

    Elementary:  Discipline other than suspension

    Secondary:  Short-Term Suspension 3-5 days

    Restitution will usually be required

    MITIGATING FACTORS:

    • No prior documented misconduct
    • Minimal damage
    • Student’s age and ability to understand the potential consequences of the conduct
    • Admitted or self-reported
    • Subsequent remedial steps, including restitution to district or victim of misconduct

    AGGRAVATING FACTORS:

    • Significant damage in extent and cost
    • Similar previous conduct
    • Previous discipline record of student warranting progressive sanctions
    • Property defaced with lewd or obscene words or imagery, slurs or negative reference to race, color, national origin, gender, sexual orientation, gender expression, or disability of others, gang words or imagery

    Defiance of School Authority and Intentional Disruptive Behavior

    DEFINITION:  Refusal to obey reasonable requests, instructions, and directives of any school personnel, including volunteers or contractors working for the school.  Defiance includes dress or appearance in violation of Policy 3224 that the student either refuses to correct at the directive of a school administrator, or that is persistent and repeated.  Defiance of school authority can also include intentional disruptive behavior.

    STANDARD RANGE:  0-10 day suspension

    (District Note:  Defiance of school authority is a discretionary discipline offense under RCW 28A.600.015 that cannot result in long-term suspension or expulsion.)

    PRESUMPTIVE STANDARD SANCTION:

    Elementary:  Discipline other than suspension

    Secondary: Discipline other than out-of-school suspension

    MITIGATING FACTORS:

    • No prior documented misconduct
    • Student’s age and/or ability to understand potential consequences of the conduct
    • Subsequent action taken by student to make amends of misconduct with school personnel

    AGGRAVATING FACTORS:

    • Part of a pattern of similar misconduct
    • Previous discipline record of student warranting progressive sanctions
    • Substantial disruption of learning of others caused by student’s defiance
    • Student attempts to solicit or incite other to engage in defiant behavior
    • Use of lewd, obscene, or profane language directed at students or school personnel
    • Conduct motivated by perceived race, color, national origin, gender, sexual orientation, gender expression, disability or any similar actual or perceived characteristic of school personnel

    Drugs/Alcohol and Other Prohibited Chemical Substances

    DEFINITION:  The possession, consumption, use, storage, or distribution of drugs (including marijuana/cannabis), alcohol, and other similar chemical substances on school grounds, at school activities, or on district-provided transportation is prohibited.  For purposes of student conduct expectations:

    • This section applies to any controlled substance, medication, stimulant, depressant, or mood altering compound, including simulated compounds intended to produce intoxication or euphoria, whether or not such compounds have been designated a controlled substance by state or federal law
    • This section applies to marijuana or substances containing marijuana
    • This section applies to legally-prescribed drugs which a student is nevertheless not lawfully authorized to possess on school grounds, at school activities, or on district-provided transportation
    • This section applies to students who enter school ground, school activities, or district-provided transportation following the unlawful use or consumption of drugs, alcohol, and other similar chemical substances, including students who appear to be under the influence of such substances
    • This section applies equally to the possess or use of paraphernalia or other items used to possess, consume, store, or distribute drugs, alcohol, and/or other illegal chemical substances, including marijuana or substances containing marijuana

    STANDARD RANGE FOR POSSESSION OR USE:

    Elementary:  0 to 10 day suspension

    Secondary: 10 to 40 day suspension

    PRESUMPTIVE STANDARD SANCTION (see also Alternative Corrective Action below):

    Elementary First Offense:  0 to 5 day suspension

    Elementary Second Offense:  Progressive sanctions handled on individual basis

    Elementary Third Offense:  Progressive sanctions handled on individual basis

    Middle School First Offense:  20 day suspension

    Middle School Second Offense: 60 day suspension or remainder of semester

    Middle School Third Offense:  Expulsion

    High School First Offense:  40 day suspension

    High School Second Offense:  90 day suspension or remainder of school year

    High School Third Offense:  Expulsion

    MITIGATING FACTORS

    • Little or no prior documented misconduct
    • Student’s age and/or ability to understand potential consequences of the conduct
    • Admitted or self-reported conduct
    • Student believed they were authorized to possess a lawfully-prescribed drug on campus

    AGGRAVATING FACTORS

    • Previous discipline record warranting progressive sanctions
    • Evidence of sophistication or pre-planning
    • Evidence of distribution or intent to distribute prohibited substances
    • Distribution to multiple students
    • Conduct is related to gang affiliation

    Alternate Drug/Alcohol Use, Consumption or Paraphernalia Consequences:

    Students who have not been assessed within the last school year and who wish to re-enter school prior to completion of suspension may be evaluated by a state-accredited substance abuse treatment agency (pursuant to WAC 180-40-275-19).  Next, the student will comply with the summative evaluation requirements.  If the parent and student choose the evaluation option, a portion of the suspension (all but 5 days at the secondary level) may be postponed.  In all cases, the health care recommendations will be followed, or the suspension will be reinstated.

    Sale, Distribution, Trade or Transfer of Alcohol, Controlled Substances, Mood-Altering Drugs or that which purports to be:

    PRESUMPTIVE STANDARD SANCTION FOR DISTRIBUTION:

    Elementary First Offense:  Minimum 10-day suspension

    Elementary Second Offense:  Expulsion

    Middle School First Offense:  40 day suspension or remainder of semester

    Middle School Second Offense:  Expulsion

    High School First Offense:  60 day suspension or remainder of semester

    High School Second Offense:  Expulsion

    There are no alternate consequences for distribution.

    Fighting or Fighting Involvement

    DEFINITION:  Includes instigating, promoting (including promotion by presence or as a spectator) and escalating a fight, as well as the failure to disperse at the scene of a fight.

    SANCTIONS:  See Assault.

    (District Note: Where assault is not alleged and the school simply imposes discipline under fighting or fighting involvement, such offense is a discretionary discipline offense under RCW 28A.600.015 that cannot result in long-term suspension or expulsion.)

    Gang Conduct

    DEFINITION:  For school conduct purposes gang conduct includes:

    • The creation, display, or communication of gestures, language, imagery, or symbols (as defined below) commonly associated with gang culture
    • The promotion of gang culture and/or gang violence, and/or
    • The solicitation or recruitment of gang members

    Gang imagery and symbols include, but are not limited to:

    • Apparel (including shoelaces, bandanas, belts, hats) which by virtue of color, arrangement, trademark, symbol, or any other attribute indicate or imply gang membership or affiliation
    • Displays of gang affiliation on personal belongings including clothing, school assignments, notebooks, body, etc.

    STANDARD RANGE: 0-10 day suspension

    (District Note:  If the school does not allege gang activity on school grounds in violation of RCW 28A.600.455 or criminal gang intimidation, some “gang conduct” may be a discretionary discipline offense under RCW 28A.600.015 that cannot result in long-term suspension or expulsion.)

    PRESUMPTIVE STANDARD SANCTION:

    Elementary:  Discipline other than suspension

    Secondary:  Discipline including short-term suspension

    MITIGATING FACTORS:

    • No prior documented misconduct
    • Student’s age and/or ability to understand potential consequences of the conduct
    • Admitted or self-reported conduct
    • Subsequent remedial steps, including restitution for property damaged or defaced with gang imagery, symbols or language

    AGGRAVATING FACTORS:

    • Similar previous conduct
    • Concerted action with other students or non-students
    • Gang conduct in connection with other misconduct prohibited elsewhere by this procedure, including, but not limited to assault, harassment, intimidation, bullying, theft and possession of weapons
    • Previous discipline record warranting progressive sanctions

    Harassment, Intimidation or Bullying

    DEFINITION:  For school discipline purposes, harassment, intimidation and bullying includes:

    • Intentional hurtful, threatening, or intimidating verbal and/or physical conduct in violation of Policy 3207 and Procedure 3207P
    • Unsolicited or unwelcome verbal or physical conduct that is harassing or intimidating that can be of a sexual, religious, racial or ethnic nature, or based on disability
    • A threat to cause bodily injury, property damage, or to cause the physical confinement or restraint of the person threatened, or any other act cause substantial harm to the physical or mental health of the person threatened.

    STANDARD RANGE:

    Elementary:  0-10 day suspension

    Secondary:  0-20 day suspension*

    PRESUMPTIVE STANDARD SANCTION:

    Elementary:  Discipline other than suspension

    Secondary:  Short term suspension

    *(Note: Harassment, intimidation, or bullying that does not constitute criminal “harassment” under chapter 9A.46 RCW (i.e., threats) or any other offense specifically listed in in Policy 3241 or procedure 3241P (e.g., assault or malicious mischief) is a discretionary discipline offense under RCW 28A.600.015 that cannot result in long-term suspension or expulsion.)

    MITIGATING FACTORS:

    • No prior documented misconduct
    • Student’s age or ability to understand potential consequences of the conduct
    • Admitted or self-reported conduct
    • Subsequent action taken by student to make amends for misconduct with the victim

    AGGRAVATING FACTORS:

    • Threat of serious injury
    • Use of an object or weapon
    • Premeditated conduct
    • Pattern of similar misconduct against same victim(s)
    • Prior assault(s), threat(s), harassment, or bullying against the same victim(s)
    • Exceptional severity or cruelty
    • Conduct motivated by perceived race, color, national origin, gender, sexual orientation, gender expression, disability, or any similar actual or perceived characteristic of the victim
    • Conduct is motivated by actual or perceived gang rivalry or affiliation
    • Previous discipline record of student warranting progressive sanctions

    Lewd, Obscene, or Profane Language, Gestures, Actions or Materials

    DEFINITION: Definition includes, but is not limited to, lewd, obscene or profane language, gestures or materials that are unrelated to authorized school curriculum.  Prohibited materials include digital or electronic messages, texts, images, or sounds that are possessed, displayed or transmitted while under the supervision of school authorities.

    STANDARD RANGE:  0-10 Day Suspension

    (District Note:  Lewd, obscene, or profane language gesture or materials that do not constitute a “sex offense” as defined in Policy 3241 and procedure 3241P is a discretionary discipline offense under RCW 28A.600.015 that cannot result in long-term suspension or expulsion.)

    PRESUMPTIVE STANDARD SANCTION:

    Elementary:  Discipline other than suspension

    Secondary:  Discipline other than suspension

    MITIGATING FACTORS:

    • No prior documented misconduct
    • Student’s age and/or ability to understand potential consequences of the conduct
    • Subsequent action taken by student to make amends for misconduct

    AGGRAVATING FACTORS;

    • Pattern of similar misconduct
    • Previous discipline record of student warranting progressive sanctions
    • Substantial disruption to learning of others caused by student’s actions
    • Student attempts to solicit or incite others to engage in behavior
    • Conduct is motivated by perceived race, color, national origin, gender, sexual orientation, gender expression, disability, or any similar actual or perceived characteristic of student or school personnel

    Theft

    DEFINITION: Possession of another person’s or district property, regardless of value, without the person’s permission with the intent to deprive the owner of such property.  As part of the sanction, restitution will usually be required.

    STANDARD RANGE:  0-10 day suspension

    (District Note:  Theft and stealing are discretionary discipline offenses under RCW 28A.600.015 that cannot result in long-term suspension or expulsion.)

    PRESUMPTIVE STANDARD SANCTION:

    Elementary:  Discipline other than suspension

    Secondary:  Short term suspension. 

    Restitution required if property is not recovered and returned.

    MITIGATING FACTORS:

    • No prior documented misconduct
    • Property returned to victim
    • Student’s age and/or ability to understand potential consequences of conduct
    • Admitted or self-reported
    • Subsequent remedial steps, including restitution to district or victim of conduct

    AGGRAVATING FACTORS

    • Significant damage in extent or cost
    • Repeated conduct
    • Previous discipline record of student warranting progressive sanctions
    • Conduct is motivated by gang affiliation
    • Conduct is motivated by perceived race, color, national origin, gender, sexual orientation, gender expression, disability, or any similar actual or perceived characteristic of student or school personnel

    Weapons

    DEFINITION: This section addresses the possession or use of actual weapons in violation of district policy including firearms, dangerous weapons, and other items listed within the policy.  This includes when a student acts with malice as defined under RCW 9A.04.110 and displays a device that appears to be a firearm.  Objects and conduct that fall outside policies 3240, 3241 or 4210 should be addressed under other sections as appropriate.

    STANDARD RANGE:

    Elementary:  Short term suspension of 1 to 5 days

    Secondary:  Long term suspension of up to 11 days

    SANCTION FOR FIREARM AT SCHOOL:  Emergency Expulsion (see below)

    MITIGATING FACTORS:

    • No prior documented misconduct
    • No injury or damage caused
    • No evidence that student intended to display or use the weapon
    • The weapon is a small pocket knife with a blade less than 3 inches
    • Student’s age and/or ability to understand potential consequences of conduct
    • Admitted or self-reported
    • Student offers credible evidence that they had the item for legitimate purposes away from school and unintentionally brought the item to school

    AGGRAVATING FACTORS:

    • Previous discipline record of student warranting progressive sanctions
    • Student used the weapon in furtherance of an assault, to intimidate another, cause injury, and/or to cause physical damage to property
    • Student displayed, activated or discharged the weapon in a reckless manner
    • Evidence of premeditation
    • Display or use of the weapon was motivated by perceived race, color, national origin, gender, sexual orientation, gender expression, disability or any similar actual or perceived characteristic of the victim(s)
    • Conduct is motivated by actual or perceived gang rivalry or affiliation
    • The weapon is an air gun or firearm
    • The object appears to be a firearm and the student displaying or using the object does so with malice

    Any student who is determined to have carried a firearm or to have possessed a firearm on school premises, school-provided transportation, or school sponsored activities at any facility will be expelled from school for not less than one year (12 months) under RCW 28A.600.420, with notification to parents and law enforcement.  The district superintendent or designee is authorized to modify the expulsion of a student on a case-by-case basis.

    The district may also suspend or expel a student for up to one year if the student acts with malice as defined under RCW 9A.04.110 and displays a device that appears to be a firearm.

    Expulsion may result based upon the administrator’s judgment of the seriousness of the act or circumstances surrounding the act, and/or the previous record of the student.

    ADOPTED: 05/27/1999
    REVISED: 6/22/00; 8/28/14; 11/25/14; 10/22/15; 9/22/16

3000 Policies