Board of Trustees Douglas County School District SUSPENSION AND EXPULSION

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1 SUSPENSION AND EXPULSION The Board recognizes that exclusion from the educational program of the schools, whether by suspension or expulsion, is the most severe sanction that can be imposed on a student in this District and one that cannot be imposed without due process since the exclusion may limit or deprive a child of the right to a free public education. For purposes of this policy, suspension shall be the temporary exclusion of the student by the school principal, School Board, or subcommittee thereof, from all school programs and school-sponsored activities during which time the student may receive instructional materials and partial credit for his/her work. A principal may not suspend a student for more than ten school days, while the Board, or a subcommittee thereof, may suspend a student for any period of time it deems appropriate. Expulsion shall be the exclusion of the student from the schools of this District by the Board, or a subcommittee thereof, for any period of time it deems appropriate during which period the student shall not receive instructional materials or credit for work performed. The Expulsion Committee is comprised of members of the Board of Trustees. The decision of the Expulsion Committee is a final decision with no right of appeal to the full. No student otherwise eligible for attendance at the schools of this District shall be excluded from school unless that student has materially and substantially interfered with the maintenance of good order in the schools or unless it is necessary to protect the physical and emotional safety and well-being of any student, staff, or the public. A student may be suspended or expelled for commission of one or more of the following offenses committed in school facilities, on school grounds, during lunch and break periods, at any school-sponsored activities, on a school bus, at a school bus stop, or on the way to or from school. This also includes conduct off school property that materially and substantially affects and disrupts school operations or causes school officials to reasonably believe that it will do so. 1. Malicious damage to school property. 2. Truancy, repeated absence, or tardiness. 3. Willful disobedience to administrators, teachers, or other School District personnel. 4. Hazing in connection with any school function or social activity related to school. Page 1 of 5

2 5. Impairing or threatening the health, safety, or welfare of teachers, students, or other persons. 6. Failure to immediately report a situation or incident that could result in impairing or threatening the health, safety, or welfare of teachers, students, or other persons. 7. Use of profane or vulgar language. 8. Possession and/or use of tobacco. 9. Verbal or physical abuse and/or intimidation and/or harassment that is based upon, but not limited to, race, gender, religion, disability, ethnicity, or sexual orientation. 10. Possession, use, distribution or intent to distribute, and/or being under the influence of alcohol or other drugs, including, but not limited to, inhalants, designer drugs*, controlled substances (or a substance purported to be a controlled substance or mimic the effect of a controlled substance), prescription drugs, unless the student has been prescribed the prescription drug by a physician and in accordance with Board Policy 508, or inappropriate use of overthe-counter (OTC) drugs. The definition of possession, as used here, includes all aforementioned substances as well as drug paraphernalia containing drugs on the person of a student, in any school locker, or any clothing, purse, backpack, automobile, or any other item belonging to the student. The definition of use, as used here, includes any student with alcohol or other drugs in his/her system. The definition of distribution includes delivering or transferring possession of alcohol or other drugs to another person, with or without any financial interest in the transaction. Intent to distribute is the intent to deliver or transfer possession of alcohol or other drugs to another person, with or without any financial interest in the transaction, and with or without a verified transaction. Students found distributing a prescription drug, regardless of the classification of the prescription, must be suspended from school for up to ten (10) days pending a hearing before the Board for consideration of further suspension or expulsion. At the conclusion of the expulsion hearing, the student may receive a suspension or expulsion equal to time served up to permanent expulsion. A student distributing a controlled substance to another person may also be brought forth under NRS for the Board s review. Page 2 of 5

3 11. Gang activity. 12. Possession and/or use of a weapon. 13. Involvement in cheating or plagiarizing assessments or assignments. 14. Violation of established school or District regulations or Board policies. 15. Use of , text messages, instant messages, websites, voice messages, photos or any other communication technologies to harass, intimidate, offend, embarrass, or threaten students, teachers, administrators or other school personnel that may disrupt school operations or causes school officials to reasonably believe that it will do so. Mandatory Expellable Offenses Pursuant to subsection 1 of NRS , a student found to have committed one or more of the following violations must, for the first occurrence, be expelled for a period equal to one semester. He/she may, however, be placed in another kind of school during the period of the suspension/expulsion. For a second occurrence of one or more of the violations the student must be permanently expelled from that school and receive equivalent instruction authorized by the state board pursuant to subsection 1 of NRS a) Battery that results in the bodily injury of an employee of the school. b) Distribution and/or sale of any controlled substance Pursuant to subsection 2 of NRS , a student found in possession of a firearm or a dangerous weapon must, for a first occurrence, be expelled for a period of not less than one year. A student who is found to have possessed a dangerous weapon may, however, be placed in another kind of school during the period of the expulsion. A student who is found to have possessed a firearm is precluded from attending any school for a period of not less than one year. For a second occurrence of possession of a firearm or a dangerous weapon, the student must be permanently expelled from that school and receive equivalent instruction authorized by the state board pursuant to subsection 1 of NRS : Page 3 of 5

4 Pursuant to NRS , a principal of a school shall deem a student enrolled in the school a habitual disciplinary problem if the school has written evidence, which documents that in one school year the student has: a) threatened or extorted, or attempted to threaten or extort, another student or a teacher or other personnel employed by the school; b) been suspended for initiating at least two fights on school property, at an activity sponsored by a public school, on a school bus or, if the fight occurs within one hour of the beginning or end of a school day, on his way to or from school; or c) a record of five out-of-school suspensions of three days or more for any reason. A student who is deemed a habitual disciplinary problem must be suspended or expelled from school for a period equal to at least one school semester. No student may be suspended or expelled until he or she has been given notice of the charge(s) against said student, an explanation of the evidence, and an opportunity to be heard, except that a student who poses a danger to persons or property or an ongoing threat of disrupting the academic process, or who is selling or distributing any controlled substances or is found to be in possession of a dangerous weapon as provided in NRS , may be removed from the school immediately upon being given an explanation of the reasons for such removal and, pending proceedings to be conducted as soon as practicable after removal, for his or her suspension or expulsion. The due process procedures for temporary suspensions of ten days or less and for suspensions longer than ten days or expulsion are set forth in the following administrative regulation and shall apply to all suspensions and expulsions. The school official that assumes the responsibility for suspension of a student shall also assume the primary responsibility for the initiation of the rehabilitative process of the student. This shall include a satisfactory parent conference at the school and the use of such other special services as may be deemed helpful. *Designer Drugs Drugs synthesized in an attempt to create an analogue of a better-known, illegal or legal chemical. See Administrative Regulation related to this Policy Related Policies: Tobacco Free Schools Policy No. 106 Prescription Drugs at School Policy No. 508 Drug & Alcohol Policy No. 523 Hazing Policy No. 524 Page 4 of 5

5 Gang Affiliation & Activity Policy No. 540 Sexual Harassment Policy No. 541 Weapons Policy 529A Reference: NRS and NRS Date Adopted: 8/12/80 Dates Revised: 12/87 07/97 10/09/01 06/01/02 08/13/02 3/9/04 7/12/05 6/13/06 7/8/08 4/14/09 8/10/10 1/28/11 Page 5 of 5