Policy 440 (part 1) - Student Code of Conduct and Discipline
Adopted on June 25, 2020
Effective July 1, 2020
The purpose of this policy is to classify inappropriate student behavior and to identify appropriate and meaningful interventions and consequences for violations.
Student Code of Conduct
The following behaviors have been identified and defined as those that will disrupt the educational process.
Level 1: Minimally Disruptive Behaviors disrupt the educational process and the orderly operations of the school but do not pose direct danger to self or others
A. Cheating - Plagiarizing or copying the work of others or breaking rules to gain advantage in a competitive situation. Interventions could result in academic sanctions.
B. Deceit - Deliberately concealing or misrepresenting the truth, deceiving another, or causing another to be deceived by false or misleading information.
C. Disruptive/Disrespectful Conduct - Exhibiting behavior that violates classroom/school rules, results in distraction and obstruction of the educational process or that is discourteous, impolite, bad mannered, and/or rude. Behavior is considered disruptive and/or disrespectful if a teacher is prevented from starting an activity or lesson or has to stop instruction to address the disruption.
D. Failure to Serve Detention - Failing to serve an assigned detention of which student and/or parent or guardian have been notified.
E. Falsifying Identity - Providing false identification to any school official with intent to deceive school personnel or falsely obtain money or property.
F. Inappropriate Appearance - Dressing or is grooming in a manner that disrupts the educational process or is detrimental to the health, safety, or welfare of others. Distractive or indecent dress that interferes with the teaching and learning process, including wearing any apparel that displays or promotes behavior and/or items prohibited by this policy.
G. Inappropriate Display of Affection - Engaging in inappropriate displays of intimate affection, such as kissing or embracing.
H. Inappropriate Language - Using profanity in general context whether verbally or in writing, with or without photographs or drawings. (not directed toward any individual or group).
I. Possession of Inappropriate Personal Property - Possessing personal property that is prohibited by school rules or that is disruptive to teaching and learning.
J. Skipping Class* - Failing to report to the school's assigned class or activity without prior permission, knowledge, or excuse by the school or by the parent or guardian.
K. Tardiness* - Failing to be in his/her place of instruction at the assigned time without a valid excuse.
L. Vehicle Parking Violation - Engaging in improper parking of a motor vehicle on school property.
Level 2: Disruptive and Potentially Harmful Behaviors disrupt the educational process and/or pose potential harm or danger to self and/or others. The behavior is committed willfully but not in a manner that is intended maliciously to cause harm or danger to self and/or others.
A. Gang Related Activity - Using violence, force, coercion, threat of violence or gang activity that causes disruption or obstruction to the educational process. Gangs are defined as organized groups of students and/or adults who engage in activities that threaten the safety of the general populace, compromise the general community order, and/or interfere with the school district's educational mission. Gang activity includes:
1. wearing or displaying any clothing, jewelry, colors, or insignia that intentionally identifies the student as a member of a gang, or otherwise symbolizes support of a gang;
2. using any word, phrase, written symbol or gesture that intentionally identifies a student as a member of a gang, or otherwise symbolizes support of a gang;
3. gathering of two or more persons for purposes of engaging in activities or discussions promoting gangs;
4. recruiting student(s) for gangs.
B. Habitual Violation of School Rules or Policies - Persistently refusing to obey the reasonable and proper orders or directions of school employees, school rules, or policies. Student must have had one or more previous discipline referrals.
D. Leaving School without Permission - Leaving the school building, campus, or school activity without permission from authorized school personnel.
E. Profane Language/Obscene Gesture/Indecent Act toward an Employee or a Student - Directing profane language, obscene gestures or indecent acts towards a school employee or a fellow student. This includes but is not limited to verbal, written, electronic and/or illustrative communications intended to offend and/or humiliate.
F. Technology Misuse - Violating W. Va. 126CSR41, WVBE Policy 2460, Educational Purpose and Acceptable Use of Electronic Resources, Technologies and the Internet or RCBOE Policy 490 Acceptable Use of Technology by Students.
Level 3: Imminently Dangerous, Illegal and/or Aggressive Behaviors are willfully committed and are known to be illegal and/or harmful to people and/or property. The principal shall address these inappropriate behaviors in accordance with WV Code 18A-5-1a, subsections (b) through (h)
A. Battery Against a Student - A student will not unlawfully and intentionally injure another student.
B. Defacing School Property/Vandalism - Willfully defacing or damaging property of the school or others. Actions such as writing in school textbooks or library books, writing on desks or walls, carving into woodwork, desks, or tables, and spray painting surfaces are acts of defacement. Examples of damage to school property include, but are not limited to, ruining bulletin boards, intentionally clogging the plumbing system, breaking light bulbs or fixtures, and damaging school equipment, such as a student-issued laptop, to the point where repair is necessary.
C. False Fire Alarm - Setting-off a fire alarm knowingly and willingly without cause.
D. Fraud/Forgery - Deceiving another or causing another to be deceived by false or misleading information or signing the name of another person in order to obtain anything of value or defraud authorities.
E. Gambling - Engaging in any game of chance or contest wherein money or other items of monetary value are awarded to the winner, except for those games and contests authorized as official school functions.
F. Hazing - Hazing or conspiring to engage in the hazing of another person. Hazing means to cause any action or situation which recklessly or intentionally endangers the mental or physical health or safety of another person or persons, to destroy or remove public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any activity or organization, including both co-curricular and extra-curricular activities.
G. Improper or Negligent Operation of a Motor Vehicle - Operating a motor vehicle intentionally and recklessly on the grounds of any educational facility, parking lot, or at any school-sponsored activity, which endanger the safety, health, or welfare of others.
H. Larceny - Taking another person's property or having another person's property in his/her possession without permission. Property valued at $1,000 or more will increase this behavior to a Level 4 because it is considered a felony in accordance with W. Va. Code §61-3-13.
I. Physical Fight without Injury - Engaging in a physical altercation using blows with intent to harm or overpower another person or persons.
J. Possession of Imitation Weapon - Possesses any object fashioned to imitate or look like a weapon with the intent to deceive, threaten, harm, or otherwise use the object in a manner consistent with possession of an actual weapon. Possession of an imitation weapon while participating in a co-curricular or extra-curricular activity in a manner approved by a teacher or sponsor shall not be considered a violation of this policy so long as the student does not further use the imitation weapon in a manner described previously.
K. Possession of Knife not Meeting Dangerous Weapon Definition (WV Code 61-7-2) - Possessing a knife or knife-like implement under 3 ½ inches in length. W. Va. Code §61-7-2 clarifies that a pocket knife with a blade 3 ½ inches or less in length, a hunting or fishing knife carried for sports or other recreational uses, or a knife designed for use as a tool or household implement shall not be included within the term knife as defined as a deadly weapon unless such knife is knowingly used or intended to be used to produce serious bodily injury or death.
L. Sexual Misconduct - Exposing himself/herself publicly and indecently, displaying or transmitting any drawing or photograph of a sexual nature, or committing an indecent act of a sexual nature on school property, on a school bus, or at a school-sponsored event.
M. Trespassing - Entering the premises of county school system property, other than the assigned time and the location without authorization from proper school authorities.
N. Harassment/Bullying/Intimidation - WV Code 18-2C-2 defines harassment, intimidation, or bullying as any intentional gesture, or any intentional electronic, writing, verbal, or physical act, communication, transmission, or threat that:
1. a reasonable person under the circumstances should know will have the effect of harming a student, damaging a student's property, placing a student in reasonable fear of harm to his/her person, and/or placing a student in reasonable fear of damage to his/her property;
2. is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or emotionally abusive educational environment for a student; or
3. disrupts or interferes with the orderly operation of the school.
An electronic act, communication, transmission, or threat includes but is not limited to one which is administered via telephone, wireless phone, computer, pager, or any electronic or wireless device whatsoever, and includes but is not limited to transmission of any image or voice, email or text message using any such device.
Acts of harassment, intimidation, or bullying that are reasonably perceived as being motivated by any actual or perceived differentiating characteristic, or by association with a person who has or is perceived to have one or more of these characteristics, shall be reported using the following list: race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity or expression, physical appearance, sexual orientation, mental/physical/developmental/sensory disability, or other characteristic.
When harassment, intimidation, or bullying are of a racial, sexual, and/or religious/ethnic nature, the above definition applies to all cases regardless of whether they involve students, staff, or the public. Detailed definitions related to inappropriate behavior of this nature are as follows:
1. Sexual harassment consists of sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature when:
a. submission to the conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment, or of obtaining an education; or
b. submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education; or that conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's employment or education; or
c. creating an intimidating, hostile, or offensive employment or educational environment.
2. Amorous relationships between Board employees and students are prohibited.
3. Sexual harassment may include but is not limited to:
a. verbal harassment of a sexual nature or abuse;
b. pressure for sexual activity;
c. inappropriate or unwelcome patting, pinching, or physical contact;
d. sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats and/or promises concerning an individual's employment or educational status;
e. behavior, verbal, or written words or symbols directed at an individual because of gender; or
f. the use of authority to emphasize the sexuality of a student in a manner that prevents or impairs that student's full enjoyment of educational benefits, climate/culture, or opportunities.
4. Racial harassment consists of physical, verbal, or written conduct relating to an individual's race when the conduct:
a. has the purpose or effect of creating an intimidating, hostile, or offensive working or academic environment;
b. has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or
c. otherwise adversely affects individual's employment or academic opportunities.
5. Religious/Ethnic harassment consists of physical, verbal, or written conduct which is related to an individual's religion or ethnic background when the conduct:
a. has the purpose or effect of creating an intimidating, hostile, or offensive working or academic environment;
b. has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or
c. otherwise adversely affects an individual's employment or academic opportunities.
6. Sexual violence is a physical act of aggression or force or the threat thereof which involves the touching of another's intimate parts, or forcing a person to touch any person's intimate parts. Intimate parts include the primary genital area, groin, inner thigh, buttocks, or breast, as well as the clothing covering these areas. Sexual violence may include, but is not limited to:
a. touching, patting, grabbing, or pinching another person's intimate parts, whether that person is of the same sex or the opposite sex;
b. coercing, forcing, or attempting to coerce or force the touching of anyone's intimate parts;
c. coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another;
d. threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another; or
e. threatening or forcing exposure of intimate apparel or body parts by removal of clothing.
7. Racial violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, race.
8. Religious/Ethnic violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, religion or ethnicity.
O. Possession/Use of Substance Containing Tobacco and/or Nicotine - Possessing, use, or be under the influence of any substance containing tobacco and/or nicotine or any paraphernalia intended for the manufacture, sale, and/or use of tobacco/nicotine products in any building/area under the control of a county school system, including all activities or events sponsored by the county school district. See also RCBOE Policy 661.
LEVEL 4: Safe Schools Act and Other Dangerous Behaviors
A. Battery Against a School Employee - A student will not commit a battery by unlawfully and intentionally making physical contact of an insulting or provoking nature with the person of a school employee as outlined in WV Code 61-2-15(b).
B. Threat of Injury/Assault against an Employee or a Student - Threatening (verbal or written) or attempting to injure another student, teacher, administrator, or other school personnel. (This includes assault on a school employee defined in W. Va. Code §61-2-15.)
C. Felony - A student will not commit an act or engage in conduct that would constitute a felony under the laws of this State if committed by an adult as outlined in WV Code 18A-5-1a(b)(i). Such acts that would constitute a felony include, but are not limited to, arson (WV Code 61-3-1), malicious wounding and unlawful wounding (WV Code 61-2-9), bomb threat (WV Code 61-6-17), sexual assault (WV Code 61-8B-3), terrorist act or false information about a terrorist act, hoax terrorist act (WV Code 61-6-24), and grand larceny (WV Code 61-3-13).
D. Illegal Substance Related Behaviors - A student will not unlawfully possess, use, be under the influence of, distribute, or sell any substance containing alcohol, over-the-counter drugs, prescription drugs, marijuana, narcotics, any other substance included in the Uniform Controlled Substances Act as described in WV Code 60A-1-101, et seq., or any paraphernalia intended for the manufacture, sale, and/or use of illegal substances in any building/area under the control of a County school system, including all activities or events sponsored by the County. This includes violations of WVBE policy 2422.8 - Medication Administration and instances of prescription drug abuse.
E. Imitation Drugs: Possession, Use, Distribution, or Sale - Possessing, using, distributing, or selling any substance that is expressly represented or implied to be a controlled substance or simulate the effect and/or the appearance (color, shape, size, and markings) of a controlled substance.
F. Inhalant Abuse - Deliberately inhaling or sniffing common products found in homes, schools, and communities with the purpose of intoxication. The action may be referred to as huffing, sniffing, dusting, and/or bagging.
G. Possession and/or Use of Dangerous Weapon - According to WV Code 18A-5-1a(a), a student will not possess a firearm or deadly weapon as defined in WV Code 61-7-2, on any school bus, on school property, or at any school-sponsored function as defined in WV Code 61-7-11a. See also RCBOE Policy 660.
Interventions and Consequences
The expectations outlined in this policy apply during any education-sponsored event, whether in a classroom, elsewhere on school premises, on a school bus or other vehicle used for a school related event, or at a school-sponsored activity or event, whether or not it is held on school premises, in a building or other property used or operated by the Board, West Virginia Department of Education (WVDE), or in another facility or upon any other property being used by any of these agencies.
These expectations apply to students, staff and public guests respectively as noted within the policy. The consequences of violating these expectations are as follows:
A. Students will be subject to the interventions and consequences in this policy.
B. School staff will be subject to disciplinary and/or licensure action in accordance with WV Code 18A-2-8, 18A-3-2a, 18A-3-3 and 18A-3-6 and in Board Policy 540.
C. Public guests in the schools will be subject to removal from school property/events and appropriate notification of local authorities as warranted.
Students, parents and spectators will be informed by public address systems that this policy remains in force on evenings, weekends and any other time that school is not in session.
School administrators and staff are encouraged to exhaust all available school and community resources to provide appropriate school-based intervention strategies designed to keep students in school and engaged in instruction.
The Board determines the following consequences appropriate for behavior at each level as defined above. Any or all of the items listed in each level may be used as appropriate upon finding a student guilty of such behavior. When determining the appropriate consequence, care must be taken to consider the age-appropriateness of each. With that understanding, the Board finds that suspension of students in grades PK 2 are not age-appropriate consequences unless the student poses a real and present danger to him/herself or others while at school.
LEVEL 1: Minimally Disruptive
1. Administrator/Student conference or reprimand.
2. Administrator and teacher-parent/guardian conference.
3. Academic sanctions may be used to deny credit for work resulting from cheating; however, previously earned grades/credits may not be reduced.
4. Counseling referrals and conference to support staff or agencies.
5. Daily/Weekly progress reports.
6. Behavioral contracts.
7. Change in the student's class schedule.
8. School service assignment.
9. Confiscation of inappropriate item.
10. Revocation of privileges.
11. Restitution/Restoration.
12. Detention (lunch, before, and/or after school).
13. Denial of participation in class and/or school activities.
14. Immediate exclusion by teacher from the classroom with a recommended duration of one period/subject of the school day for the first exclusion
15. Voluntary weekend detention (State Superintendent's Interpretation of May 12, 2006).
16. In-school suspension.
LEVEL 2: Disruptive and Potentially Harmful Behaviors
1. Administrator/Student conference or reprimand.
2. Administrator and teacher-parent/guardian conference.
3. Referral to support staff or agencies for counseling or other therapeutic services.
4. Daily/Weekly progress reports.
5. Behavioral contracts.
6. Change in the student's class schedule.
7. School service assignment.
8. Confiscation of inappropriate item.
9. Revocation of privileges.
10. Restitution/Restoration.
11. Before and/or after-school detention.
12. Denial of participation in class and/or school activities.
13. Immediate exclusion by teacher from the classroom with a recommended duration of one (1) period/subject of the school day for the first exclusion (WV Code 18A-5-1).
14. Voluntary weekend detention (State Superintendent's Interpretation of May 12, 2006).
15. In-school suspension.
16. Out-of-school suspension with a maximum of three consecutive days at any one time
LEVEL 3: Imminently Dangerous, Illegal and/or Aggressive Behaviors
Level 3 behaviors are criminal offenses and therefore warrant formal law enforcement intervention that may result in issuance of a criminal citation, ticket, or summons, filing a delinquency petition, referral to a probation officer, or actual arrest.
In collaboration with law enforcement, the school shall also implement intervention strategies and meaningful consequences that promote and support appropriate behavioral changes. These strategies include but are not limited to:
1. Administrator/Student conference or reprimand.
2. Administrator and teacher-parent/guardian conference.
3. Referral to support staff or agencies for counseling or other therapeutic services.
4. Notification to the Department of Health and Human Resources as appropriate.
5. Daily/Weekly progress reports.
6. Behavioral contracts.
7. Change in the student's class schedule.
8. School service assignment.
9. Confiscation of inappropriate item(s).
10. Revocation of privileges.
11. Restitution/Restoration.
12. Before and/or after-school detention.
13. Denial of participation in class and/or school activities.
14. Immediate exclusion by teacher from the classroom with a recommended duration of one (1) period/subject of the school day for the first exclusion (WV Code 18A-5-1).
15. Voluntary weekend detention (State Superintendent's Interpretation of May 12, 2006).
16. In-school suspension.
17. Out-of-school suspension with a maximum five consecutive days at any one time.
18. The principal and/or Superintendent may recommend placement in an alternative education program.
19. Expulsion.
Upon receipt of a complaint of racial, sexual and/or religious/ethnic harassment, or violence that has been substantiated through investigation, the appropriate school official shall take action appropriate to the status of the offender (student, staff, or public guest). Such action for students may include all options listed above. Actions for staff may include but not be limited to, warning, suspension, termination, revocation of licensure, and/or notification of law enforcement and/or human services. Actions for public guests may include but not be limited to removal from school property and school-sponsored functions, and/or notification of law enforcement and/or human services.
The selection of appropriate interventions and consequences for substance abuse must be considered very carefully depending upon the severity of the behavior and potential safety concern for others in the school. The first action must be to conference with the parent/guardian and appropriate law enforcement representatives in an effort to direct the student to appropriate addiction services. Referral to tobacco cessation services/treatment and substance abuse treatment services shall be a priority intervention strategy for these behaviors.
LEVEL 4: Safe Schools Act Behaviors
Safe Schools Act Behaviors are defined in W. Va. Code §18A-5-1 and §18A-5‑1a. These laws require that the principal, county superintendent, and county board of education address Level 4 behaviors in a specific manner as outlined in W. Va. Code §18A-5-1a and paraphrased in this chapter.
W. Va. Code § §18A-5-1 and 18A-5-1a require mandatory out-of-school suspension by the principal for ten days and mandatory expulsion for a period of not less than twelve (12) consecutive months by the county board of education for possession of a deadly weapon, battery on a school employee, or sale of a narcotic drug. Other behaviors found under the Safe Schools Act and those behaviors classified as Level 4 in this policy but not addressed under the Safe Schools Act shall be addressed with mandatory out-of-school suspension for ten days and report by the principal to the superintendent for consideration of recommendation to the Board for suspension beyond ten days and/or expulsion.
Procedures for Reporting Complaints of Inappropriate Behavior
School employees are responsible for assuring a safe and supportive school climate and culture. When incidents of inappropriate behavior are witnessed by school staff, the behavior shall be addressed consistently as outlined in this policy.
Inappropriate behaviors observed by students or guests must be reported to the appropriate personnel for action to be taken according to county policy.
County boards of education shall develop procedures to assure that any person who believes he or she is a victim or witness to a violation of Policy 4373 has an identified mechanism to report the alleged acts immediately to the appropriate official(s) designated by the county. These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the West Virginia Human Rights Commission, initiating civil action, or seeking redress under the state criminal statutes and/or federal law.
County boards of education shall develop appropriate procedures for investigating, reporting, responding, and determining consequences for the failure of an employee to appropriately respond to violations of Policy 4373, in accordance with W. Va. §126CSR142, Policy 5310, Performance Evaluation of School Personnel, in a manner that promotes understanding and respect.
County boards of education and the WVDE shall develop procedures to assure that any person who believes he or she has been the victim or a witness of religious, ethnic, racial or sexual harassment, or violence by a student, teacher, administrator, or other school personnel toward a student, teacher, administrator, or other school personnel has an identified mechanism to report the alleged acts immediately to an appropriate official(s) designated in county policy. These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the West Virginia Human Rights Commission, initiating civil action, or seeking redress under the state criminal statutes and/or federal law.
All alleged incidents of harassment or violence observed by faculty or staff must be reported to the appropriate official(s) and appropriate action should be taken as specified in this policy.
Procedures for Investigating Allegations of Inappropriate Behavior
The individual(s) designated by the school to investigate shall upon receipt of a report or complaint immediately undertake or authorize an investigation. The investigation may be conducted by school/school system officials, or by a third party designated by the school system.
The investigation must, at a minimum, consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and review of circumstances deemed pertinent by the investigator.
When any student is to be interviewed in connection with an investigation pursuant to a level 3 or level 4 violation, a reasonable effort shall be made to contact the student's parent, custodian, or guardian and invite them to be present during such interview, provided such parental notification does not compromise overall school/student safety. Parental notification may occur after the investigation is completed but is required for level 1 or level 2 violations.
The principal shall immediately take such reasonable steps as necessary, to protect the complainant, students, teachers, administrators or other personnel pending completion of an investigation of an alleged policy violation.
The investigation shall be completed as soon as practicable but no later than ten school days following the reported violation. The investigator shall make a report to the principal upon completion of the investigation. The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy.
The result of the investigation of each complaint filed under these procedures will be reported in writing to the complainant or his/her legal guardian by the principal or his/her designee.
Upon completion of the investigation, the principal shall determine whether the alleged conduct constitutes a violation of this policy, West Virginia Board of Education Policy 4373 or WV Code 18A-5-1a.
In determining the appropriate response and/or punishment for a level 1 or level 2 offense, the principal, Superintendent and/or Board should consider the surrounding circumstances, the nature of the behavior, past incidents or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.
Confidentiality of the filing of complaints, the identity of subjects and witnesses of any complaint and of any action taken as a result of such complaint is essential to the effectiveness of this policy. Only those individuals necessary for the investigation and resolution of the complaint shall be given information about it. Therefore, the right of confidentiality of complainants, subjects, witnesses, and investigators will be vigorously protected and violations of such confidentiality may itself be grounds for disciplinary action.
Recording Incidents of Inappropriate Behavior
Schools shall accurately track incidents of inappropriate behavior in order to utilize data for school climate/culture improvement efforts and to create documentation to support actions taken to intervene in inappropriate behavior patterns. The WVEIS provides schools with the platform to report all incidents of inappropriate behavior at the classroom level and above. The primary value of this data rests at the school and county level and is necessary for development and monitoring of Policy 4373. All inappropriate behaviors as described in this policy at Levels 1, 2, 3, and 4 shall be reported through:
· teacher-level documentation of inappropriate behavior leading to interventions, consequences, and/or referrals to the principal;
· Principal-level WVEIS data entry of teacher level documentation and administrative disciplinary actions. This data shall be entered by the principal and/or other authorized staff; or
· county superintendent-level WVEIS data entry of county board of education actions resulting from expulsion and/or suspension hearings. This data shall be entered by the county superintendent and/or other authorized staff.
Incidents of inappropriate behaviors reported into WVEIS in accordance with this policy will be used by the WVDE to comply with federal and state reporting requirements.
Return of Students to Regular Instructional Program After Suspension and/or Expulsion
Upon return of a student to the Board's regular instructional program following suspension and / or expulsion, the student shall be provided, at a minimum, with an opportunity to conference with the school administrator, counselor(s), other staff involved in the incident or reporting of the incident, parent(s)/guardian(s), and / or other persons as determined by the school administrator to discuss the behavior for which the student was suspended and / or expelled. During this conference, school staff shall ascertain what, if any, reflection the student has made on his/her behavior and what, if any, continuing interventions may be necessary to support the student's successful return. This conference shall result in a written re-entry plan incorporating these reflections, interventions, and/or any other comments or suggestions made by the school staff, student, and/or parent(s)/guardian(s). This plan shall commence immediately upon the student's return and shall be monitored by the school administrator to ensure its completion. Upon completion, this plan shall be kept with other records associated with this incident and may be used to inform future disciplinary decisions as appropriate.
Reprisal
Any student who retaliates against any person who reports alleged violations or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such violations shall be in violation of the Student Code of Conduct and a level 3 offense as classified by the Board. An employee who retaliates against any person named above will be subject to disciplinary action up to and including dismissal. Reprisal includes, but is not limited to, any form of intimidation, retaliation or harassment.
Right to Alternative Complaint Procedures
These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the West Virginia Human Rights Commission, initiating civil action or seeking redress under the state criminal statutes and/or Federal law.
Appeals Procedures
If someone believes the Board has violated the procedural rights set forth in this policy, they may avail themselves of the appeal procedures outlined in Policy 730.
County Policy Dissemination and Training
The Board shall develop and implement an ongoing awareness campaign to provide that all students, staff, and parents/guardians understand this Board policy and West Virginia Board of Education Policy 4373.
The Board shall require that all schools provide appropriate policy training.
This policy shall be made readily available to the public in written and/or electronic format.
The school bus operator shall display the major concepts of West Virginia Board of Education Policy 4373 as per West Virginia Board of Education Policy 4336 his/her school bus.
This page accessed on May 3, 2024 @ 8:05 am.