• Catawba County Schools’

    Code of Conduct

    While this policy attempts to address inappropriate student conduct, the Board of Education recognizes that all inappropriate behaviors cannot be defined within the context of these sections.  Therefore, the Board of Education delegates to the school administrators the authority to determine the appropriate discipline and consequences for inappropriate behaviors not specifically addressed in this policy and for student violations of other CCBOE policies.

    Any school administrator may impose discipline on any student if the student aides, abets or encourages another student to violate the code.

     

    A. BUS/VEHICLE MISBEHAVIOR

    Students shall obey all directives of any school bus driver, school employee or any driver of any vehicle owned, leased, operated or provided by the board while riding any school bus or any vehicle owned, leased, operated or provided by the board.  School transportation is a privilege, not a right. The following conduct is specifically prohibited by any student riding any school bus or any vehicle owned, leased, operated or provided by the board:

    1.delaying any bus or transportation schedule;

    2.refusing to obey the driver's or school employee’s instructions or directives;

    3.tampering with or willfully damaging any vehicle owned, leased, operated  or provided by the board;

    4.getting off at an unauthorized bus stop

    5.distracting the driver's attention by participating in disruptive behavior while the vehicle is in operation;

    6.failing to observe established safety rules and regulations;

    7.willfully trespassing upon a school bus or any vehicle owned, leased, operated or provided by the board;

    8.attempting to open an emergency door; or

    9.violating any other rule of the Code of Student Conduct while on the any school bus or other vehicle owned, leased, operated or provided by the board.

     

    Violation of this section may result in disciplinary action to the student as determined by the school administrator which shall include the following Recommended Discipline:

    First Offense: Temporary or permanent suspension

    from school transportation services; or ISD

    Second Offense: ISD; or OSS </= 10 school days

    Subsequent Offenses: ISD; or OSS </= 10 school days; or Assignment to Alternative Program; OSS > 10 school days or expulsion may be imposed upon a student if

    (a)the student’s violation under this section is deemed by the principal to be a serious violation of this policy that either threatens the safety of students, school employees or school visitors or threatens to substantially disrupt the educational environment; and

    (b)the provisions of Section IV.F. of this policy are satisfied.

    Any school administrator may impose discipline on any student for any student misbehavior under this section in addition to any discipline that may be imposed for violation of any other provision of the Code of Student Conduct.

     

    B.CLASS I VIOLATIONS

    1. Recommended Discipline for Class I Violations

    Violations of this section (Class I Violations) may result in disciplinary action to the student as determined by the school administrator which shall include the following Recommended Discipline:

     

    First Offense: ISD

    Second Offense: ISD; or, except for violations of VI.B.2.b. and c. of this policy, OSS </= 3 school days

    Subsequent Offenses: ISD; or, except for violations of VI.B.2.b. and c. of this policy, OSS > 3 school days and </= 10 school days; or Assignment to Alternative Program; OSS > 10 school days or expulsion may be imposed upon a student if (a) the student’s violation under this section is deemed by the principal to be a serious violation of this policy that either threatens the safety of students, school employees or school visitors or threatens to substantially disrupt the educational environment; and (b) the provisions of Section IV.F. of this policy are satisfied.

     

    2. Class I Violations

    The following violations shall be classified as Class I Violations:

    a. Insubordination / Compliance with Directions of School Personnel

    Students shall comply with all directions of administrators, teachers, school employees and all other school personnel who are authorized to give such directions during any period of time in which students are subject to the authority of such school personnel.

     

    b. Failure to Attend Assigned Classes or Activities

    No student shall fail or refuse to attend an assigned or scheduled class or activity or fail or refuse to attend the school to which he or she is assigned on any school day without permission from the school administrator or without good reason sufficient to constitute an excused absence.

     

    c. Unauthorized Leaving of School

    No student who attends school during any portion of any school day shall leave the school grounds prior to the end of the school day without permission from the school administrator.  

     

    d. Use of Tobacco Products and Tobacco Paraphernalia

    Students are prohibited from possessing, using, smoking, chewing, dipping or otherwise consuming any tobacco product or tobacco paraphernalia. The term “tobacco paraphernalia” shall include, but is not limited to, rolling papers, matches and lighters.

    e. Falsification / Providing False Information

    No student shall falsify information that is in any way presented to any school employee.  Falsification includes the electronic, verbal or written statement, communication or creation of any untruth or any act or electronic, verbal or written statement or communication intended to give a wrong impression or deceive, including, but not limited to, forgery of any person’s signature.

    No student shall make or publish false statements on the Internet, electronically or by any other means of communications that defame the character or reputation of a school employee or student.  While students have a constitutional right to criticize school personnel or students, that right does not include making false statements or making statements intended to injure, harass and/or harm an individual.

     

    f. Dress and Appearance

    Except as specifically authorized by the principal or his/her designee, no student shall wear (as defined herein) clothing or any other garment or item or cause him/her self to have an appearance that is not compatible with an effective learning environment or that is inappropriate to the learning process.  For purposes of this policy, the term “wear” shall also mean adorn, don, carry, decorate and/or display.

    The following is expressly prohibited:

     

    • The creation of an appearance or the wearing of clothing or any other garment or item that is provocative, obscene, vulgar, indecent, sexually suggestive, lewd, transparent, profane, or which displays, suggests, promotes or reveals nudity, violence or an immoral, harassing, bullying, provocative, obscene, profane, indecent, lewd, vulgar, slanderous, libelous, intimidating, insulting, degrading, disrespectful, abusive, disruptive, unsafe, violent, sexually suggestive or sexual message through language, images and/or symbols;

    • The wearing of hats, bandannas and headgear of any kind and any garment or item that covers the student’s face or conceals the student’s identity within any building except for established medical reasons;

    • The wearing or removal of clothing in a manner that reveals, exposes or allows the following to be seen:  undergarments, cleavage, bare midriffs or any private body part that is inappropriate for display in a school setting;

    • The wearing of pants or shorts in such a manner that undergarments or private body parts are exposed, they drag on the floor, they sag below the waist or they are excessively baggy;

    • The wearing of clothing or any other garment or item containing, advertising, naming, or referencing any alcoholic product, tobacco product, controlled substance, firearms or weapons;

    • The wearing of chains, jewelry, including those that hang from wallets, studded collars or bracelets that may be used as a weapon, cause injury, hinder movement or are unsafe as declared by the principal;

    • The wearing of dark glasses within any building except for established medical reasons;

    • The failure to wear shoes or appropriate foot covering;

    • The wearing of any clothing or any other garment or item in any manner or style or containing any symbol reflecting, promoting or associated with gangs, intimidation, violence or violent groups;

    • The wearing of halters, spaghetti strapped tops, tank tops, tube tops, strapless tops, bras or undergarments outside of clothing, pajamas, lounge pants or bedroom shoes as well as shorts and skirts that the principal or his/her designee determines are too short;

    • The creation of an appearance or the wearing of clothing or any other garment or item that is reasonably foreseeable to cause or, in fact, causes, a material or substantial disruption or that is reasonably foreseeable to endanger or be detrimental or, in fact, is dangerous or detrimental to the health or safety of the student or others or that is reasonably foreseeable to cause a fight or, in fact, causes a fight or that creates or is likely to create a hostile learning environment.


      The foregoing list is not intended to be exhaustive.  The CCBOE hereby delegates to the school administrators the authority to determine the appropriateness or inappropriateness of any student’s dress or attire that is not specifically addressed in this section.  In addition, the CCBOE hereby delegates to the school administrators the authority to make exceptions to this policy and/or reasonable accommodations as are appropriate for medical, religious or special observances.


      g. Gambling

      No student shall participate in gambling, betting money, wagering anything on the outcome of a game, contest or other event or participate in any unauthorized event, action or statement that relies on chance for the monetary advantage of one participant at the expense of others.  This includes exchanging items of value as well as currency and extends to keeping score for later settlement.

       

      h. Inappropriate Speech, Signs, Gestures and Behavior/Disruptive Behavior

      No student shall create or engage in any communication, whether by electronic, verbal, photographic or written means or by signs, gestures, displays or other acts, that is or conveys, suggests or promotes a message that is immoral, harassing, bullying, vulgar, indecent, provocative, sexually suggestive, lewd, slanderous, libelous, intimidating, insulting, degrading, disrespectful, abusive, profane, obscene, unsafe, violent, disruptive, interrupts or interferes with or prevents an orderly and peaceful learning environment, obstructs or disrupts any lawful function or mission or process of any school, causes or is reasonably foreseeable to cause a material or substantial disruption of the school environment, endangers or is detrimental to or is reasonably foreseeable to endanger or be detrimental to the health or safety of the student or others or that causes or is reasonably foreseeable to cause a fight or create a hostile learning environment.

      No student shall engage in sexual conduct or in behavior that is of an overly romantic or sexual nature or in inappropriate displays of affection including, but not limited to, hugging, embracing, kissing, groping or petting.  


      i. Inappropriate Literature and Illustrations

      Except as specifically authorized by the principal or his/her designee or for instructional purposes, no student shall possess, display, distribute, disseminate or transmit literature, words, photographs, recordings, or illustrations, whether in electronic, physical or documentary form, that are illegal or that convey, suggest or promote a message that is immoral, harassing, bullying, vulgar, indecent, provocative, sexually suggestive, lewd, slanderous, libelous, intimidating, insulting, degrading, disrespectful, abusive, profane, obscene, unsafe, violent, disruptive, interrupts or interferes with or prevents an orderly and peaceful learning environment, obstructs or disrupts any lawful function or mission or process of any school, causes or is reasonably foreseeable to cause a material or substantial disruption of the school environment, endangers or is detrimental to or is reasonably foreseeable to endanger or be detrimental to the health or safety of the student or others or that causes or is reasonably foreseeable to cause a fight or create a hostile learning environment.


      j. Honor Code Violations

      No student shall commit any act in violation of any school’s honor code.  Cheating, plagiarism, dishonesty, falsification of assignments, falsification or forgery of signatures, violation of software regulations, violation of copyright laws, violation of the acceptable use policy and inappropriate computer access are prohibited and are considered honor code violations.


      k. Conducting or Soliciting Business on Campus

      Except for charitable solicitation approved by the principal or his/her designee and permitted by CCBOE policy, students shall neither engage in any corporate, business or financial enterprise, solicit any person or entity to purchase anything, nor sell anything to any person or entity.


      C.CLASS II VIOLATIONS

      1. Recommended Discipline for Class II Violations

      Violations of this section (Class II Violations) may result in disciplinary action to the students as determined by the school administrator which shall include the following Recommended Discipline:


      First Offense: ISD; or OSS </= 10 school days

      Second Offense: OSS </= 10 school days

      Subsequent Offenses: OSS </= 10 school days; or Assignment to Alternative Program; OSS > 10 school days or expulsion may be imposed upon a student if (a) the student’s violation under this section is deemed by the principal to be a serious violation of this policy that either threatens the safety of students, school employees or school visitors or threatens to substantially disrupt the educational environment; and (b) the provisions of Section IV.F. of this policy are satisfied.

      Any school administrator may impose discipline on any student for any student behavior that violates this section in addition to any discipline that may be imposed for violation of any other provision of the Code of Student Conduct.


      2.Class II Violations

      The following violations shall be classified as Class II Violations:

      a. Aggressive Behavior

      No student shall create or engage in any communication, whether by electronic, verbal, photographic or written means or by signs, gestures, displays or other acts, that is or conveys, suggests or promotes a message that is aggressive or threatening.

      No student shall engage in any behavior or conduct or commit any act that could reasonably result in or cause physical injury to any student or other person.  


      It shall be considered a Class III Violation if a student engages in behavior, conduct or actions that could reasonably result in or cause physical injury to a school employee.


      b. Assault / Fighting

      No student shall assault another student or other person.  

      An assault is defined as an overt or deliberate act or attempt or appearance of attempt to commit an overt or deliberate act with force and violence in order to immediately physically injure another person and with the show of force or menace of violence being sufficient to put a reasonable person in fear of immediate physical injury.  An assault shall include, but is not limited to, fighting, intentionally hitting, striking, kicking, shoving, scratching, biting, blocking, emitting bodily fluids upon, using force upon, or passing or throwing objects, items or fluids at a student or other person who is not a school employee.

      A student who is assaulted may use reasonable force in self-defense but only to the extent necessary to free himself/herself from the assault and notify proper school authorities.  A student who exceeds this reasonable force may be disciplined even though he/she may not have provoked the assault or fight.  


      It shall be a Class III Violation if a student commits an assault upon a school employee.


      It shall be a Class III Violation if a student commits a sexual assault upon a student or other person or school employee.


      It shall be a Class IV Violation if a student commits an assault upon any person that causes serious injury to another person.


      It shall be a Class IV Violation if a student commits an assault upon any person involving the use of a weapon or other object that could reasonably be considered a weapon.


      c. Theft or Damage to Property

      No student shall steal or attempt to steal school property or the private property of any individual, organization or entity or knowingly be in possession of stolen property.  

      No student shall damage or attempt to damage any school property or the private property of any individual, organization or entity.


      It shall be a Class III Violation if any student robs any person.


      d. Incendiary Devices / Combustible Materials / Devices Causing a Noise or Disturbance

      Unless specifically authorized by school personnel, no student shall possess any material, item or substance or use any material, item or substance in a manner that causes or is capable of or reasonably like to cause a noise or disturbance, is or is reasonable likely to be combustible, is capable of or is reasonably likely to start or result in a fire or explosion, or in fact, starts a fire or causes an explosion.


      e. Discrimination, Bullying, Harassment and Hazing

      All forms of discrimination, harassment, bullying, sexual harassment, gender-based harassment or hazing are prohibited.

      All complaints of discrimination, harassment or bullying against students will be investigated promptly and thoroughly.  Violations will be deemed to be serious disciplinary infractions.

      Consequences for offenders who are not students are to be determined as appropriate within the context of the law and policy. Hazing is defined as a group or individual requiring any student to wear abnormal dress or costume on campus, annoying another student by playing abusive or ridiculous tricks on him or her, intimidating, frightening, scolding, beating or harassing the student or subjecting him/her to personal indignity or personal injury.


      It shall be a Class II Violation if discrimination, sexual harassment, harassment, bullying or hazing is committed verbally, symbolically, electronically, in writing or by gesture.  


      It shall be a Class III Violation if discrimination, sexual harassment, harassment, bullying or hazing is committed by any means that result in physical contact or sexual harm to any person.


      f. Communicating Threats

      No student shall communicate any threat of force or violence in any form to or about any student or other person.

      It shall be considered a Class III Violation if a student communicates any threat of force or violence in any form to or about a school employee.


      g. Use of Counterfeit Items

      No student shall use any counterfeit item to obtain or attempt to obtain money, property or services.


      It shall be a Class III Violation if the counterfeit item is a counterfeit drug, medication or illegal substance.


      h. Extortion

      No student shall engage in extortion.  Extortion is defined as the use of one’s position or power to obtain property, funds or patronage.


      i. Unauthorized Use or Possession of Medication or Foreign Substances

      No student shall possess or administer any medication to his/her own person except as provided in policy 4.4340/6.1250.  

      No student shall administer any medication to any other person.


      No student shall insert a foreign substance into the food or drink of another person with the intent to injure or harm or that, in fact, injures or harms the other person or causes an adverse reaction including, but not limited to, alteration of the mind, hallucinations, sleep or euphoria.


      D.CLASS III VIOLATIONS

      1. Recommended Discipline for Class III Violations

      Violations of this section by students (Class III Violations) shall be reported to law enforcement and may result in disciplinary action to the student as determined by the school administrator which shall include the following Recommended Discipline:


      First Offense: OSS </= 10 days; or OSS > 10 school days

      Second Offense: OSS > 10 school days; or Assignment to Alternative Program; or Expulsion

      Subsequent Offenses: OSS > 10 school days; or Assignment to Alternative Program; OSS > 10 school days or expulsion may be imposed upon a student if:

      (a)  the student’s violation under this section is deemed by the principal to be a serious violation of this policy that either threatens the safety of students, school employees or school visitors or threatens to substantially disrupt the educational environment; and (b) the provisions of Section IV.F. of this policy are satisfied.


      2.Class III Violations

      The following violations shall be classified as Class III Violations:


      a. Disorderly Conduct

      No student shall engage in disorderly conduct or encourage any other student to engage in such conduct or behavior.  Disorderly conduct includes, but is not limited to, any act, conduct, behavior, physical, written, verbal or electronic communication or the use of passive resistance, noise, threat, fear, intimidation, coercion, force or violence by a student that interrupts, interferes with or prevents an orderly and peaceful learning environment, interrupts, interferes with, obstructs or disrupts any lawful function or mission or process of any school or activity, causes or is reasonably foreseeable to cause a material or substantial disruption of the school environment or activity, endangers or is detrimental to or is reasonably foreseeable to endanger or be detrimental to the health or safety of the student or others or that causes or is reasonably foreseeable to cause a fight or create a hostile learning environment.  


      b. Assault on a School Employee / Sexual Assault

      No student shall assault a school employee.  

      No student shall commit a sexual assault upon a student or other person or school employee.

      An assault is defined as an overt or deliberate act or attempt or appearance of attempt to commit an overt or deliberate act with force and violence in order to immediately physically injure another person and with the show of force or menace of violence being sufficient to put a reasonable person in fear of immediate physical injury.  An assault shall include, but is not limited to, fighting, intentionally hitting, striking, kicking, shoving, scratching, biting, blocking, emitting bodily fluids upon, using force upon, or passing or throwing objects, items or fluids at a student or other person who is not a school employee.

      A student who is assaulted may use reasonable force in self-defense but only to the extent necessary to free himself/herself from the assault and notify proper school authorities.  A student who exceeds this reasonable force may be disciplined even though he/she may not have provoked the assault or fight.  

       

      It shall be a Class IV Violation if a student commits an assault upon any person involving the use of a weapon or other object that could reasonably be considered a weapon.


      c. Sexual Acts

      No student shall engage in sexual acts.  Sexual acts shall include, but are not limited to, the touching or groping of his/her own private parts or sexual organs or the private parts or sexual organs of another person, the use of any object or item in any sexual manner and sexual intercourse.

       

      d. Commission of a Crime

      No student shall commit a state or federal crime.

      e. Attempted Arson or Explosion

      No student shall use any material, item or substance in any manner in an attempt to cause or start a fire or explosion or in a manner that could reasonably cause or start a fire or explosion.    


      It shall be considered a Class IV Violation if any student intentionally sets a fire on any school property, burns any school property or causes any school property to be burned.


      It shall be considered a Class IV Violation if any student intentionally causes an explosion on school property.


      f. Trespassing

      No student shall be on the campus of another school in this school system during the school day without the knowledge and consent of the officials of the school he/she is visiting.

      No student shall be on any school property after the close of the school day without specific and legitimate permission, need or supervision.  

      No student shall be on any school property or shall attend any school activity after being prohibited to do so.

      Any student who acts in violation of this provision will be considered a trespasser and may be prosecuted.


      g. Breaking and Entering School Property

      No student shall commit a breaking and entering upon any school property, real or personal.


      h. Robbery

      No student shall rob any person.  Robbery is defined as the taking of anything of value from any person or from the areas under the immediate bodily control of a person, by force or by an act threatening force or violence that puts the victim in fear.


      i. False Fire Alarms

      No student shall deliberately "pull", initiate or make a false fire alarm.  


      j. Possession of a Weapon Not Included in N.C.G.S. § 115C-391 (d1)

      No student shall possess on their person or within their custody or control, store or carry, whether open or concealed, without the consent of the school administrator, a weapon, defined as follows:  Any BB gun, stun gun, facsimile of a gun, ammunition, bows and/or arrows, mace, pepper spray, incendiary device (including, fireworks), air rifle, air pistol, knife, bowie knife, ice pick, switchblade knife, machete, dirk, dagger, slingshot, leaded cane, sword cane, blackjack, synthetic or metallic knuckles, numb chucks, razors, razor blades, box cutter or any other sharp pointed or edged instrument or any other object that can reasonably be considered a weapon or dangerous instrument.  

      This section shall not apply to a weapon used solely for educational or school-sanctioned ceremonial purposes or used in a school-approved program conducted under the supervision of an adult whose supervision has been approved by the school authority.


      k. Narcotics, Alcoholic Beverages, Controlled Substances, Chemicals and Drug Paraphernalia

      No student shall possess, use, consume, transmit, distribute, sell, exchange or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance, or any alcoholic beverage, malt beverage, fortified wine, spirituous liquor or other intoxicating liquor.

      No student shall possess, use, consume, transmit, distribute, sell, exchange or be under the influence of any chemical, chemical compound or product with the intention of using it or enabling another student to use it to bring about a state of exhilaration or euphoria or otherwise alter the student’s mood or behavior.  

      No student shall inhale or ingest any chemical or products with the intention of bringing about a state of exhilaration or euphoria or otherwise altering the student’s mood or behavior.

      No student shall possess, use, consume, transmit, distribute, sell, exchange or be under the influence of any prescription drug or medication that has not been lawfully prescribed for the particular student possessing or using the medication.

      No student shall intentionally consume, ingest or inhale an excessive quantity of over-the-counter or prescription medication or drugs sufficient to impair the student’s mental and/or physical capability to function in the school environment.  An “excessive quantity” shall mean an amount greater than the recommended dosage or the amount prescribed.

      No student shall possess, use, transmit, distribute, sell or exchange drug paraphernalia or counterfeit drugs or counterfeit controlled substances.

      No student shall plan or participate in any way in the selling, distribution, transmission or exchange of substances, equipment, products or materials that are prohibited herein regardless of whether the sale, distribution, transmission or exchange ultimately occurs on school property.

      As used in this policy, the term “controlled substances” includes but is not limited to any form of cocaine, marijuana, heroin, LSD, amphetamine, methamphetamine, barbiturate, hallucinogen and all drugs listed in the North Carolina Controlled Substances Act.

      As used in this policy, the term “drug paraphernalia” includes, but is not limited to:

    • Testing equipment that can be used for identifying or analyzing the strength, effectiveness or purity of controlled substances;

    • Scales and balances that can be used for weighing or measuring controlled substances;

    • Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose that can be used in mixing with controlled substances;

    • Capsules, balloons, envelopes and other containers that can be used for packaging small quantities of controlled substances;

    • Hypodermic syringes, needles and other objects that can be used in parenterally injecting controlled substance into the body;

    • Objects that can be used for ingesting, inhaling or otherwise introducing controlled substances into the body including, but not limited to:

    • Rolling papers;

    • Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

    • Water pipes;

    • Carburetion tubes and devices;

    • Smoking carburetion masks;

    • Roach clips or other objects for holding burning material, such as a marijuana cigarette;

    • Miniature cocaine or crack spoons and vials;

    • Chamber pipes;

    • Carburetor pipes;

    • Electric pipes;

    • Air-driven pipes;

    • Chillums;

    • Bongs;

    • Ice pipes or chillers;

      All equipment, products and materials of any kind that are used to facilitate, or intended or designed to facilitate, violations of this policy and/or the North Carolina Controlled Substances Act including planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing and concealing controlled substances and injecting, ingesting, inhaling or otherwise introducing controlled substances into the human body; and;

      All other equipment, products and materials defined or included as drug paraphernalia by the North Carolina General Statutes.

                                                                                                                                                                               

      l. Discrimination, Sexual Harassment, Harassment, Bullying or Hazing Resulting in Physical or Sexual Harm

      No student shall engage in discrimination, sexual harassment, harassment, bullying or hazing as defined in this policy and as defined in policy 1.7100 that results in physical or sexual harm to any person.

      All complaints of discrimination, harassment or bullying against students shall be investigated promptly and thoroughly in accordance with policies 4.3501/7.1512.  


      m. Gang Activity

      No student shall engage in gang activity.  Gang activity shall include any act that furthers gang or gang-related activities including, but not limited to, the following:

      i) communicating either verbally, non-verbally or electronically through hand signs, gestures, handshakes, slogans, words, drawings or electronic means in order to convey membership or affiliation with a gang;

      ii) defacing school property with gang-related graffiti, symbols or slogans;

      iii) requiring payment of protections or insurance or otherwise intimidating or threatening any person in any way relating to gang activity;

      iv) inciting other students to intimidate or to act with physical violence upon any other person in any way relating to gang activity; and

      v) soliciting others for gang membership.


      n. Use of Counterfeit Drugs, Medication or Illegal Substance

      No student shall use any counterfeit drug, medication or illegal substance to obtain or attempt to obtain money, property or services.


      E.CLASS IV VIOLATIONS

      1. Recommended Discipline for Class IV Violations

      Violations of this section by students (Class IV Violations) shall be reported to law enforcement and may result in disciplinary action to the student as follows:


      First Offense: A principal shall recommend to the superintendent the 365 Day Suspension of any student believed to have violated this section. The superintendent has the authority to suspend for 365 days a student who has been recommended for such suspension by the principal when such recommendation is consistent with all board policies and, in particular, the provisions of IV.E.2.c. of this section are satisfied. With regard to section IV.E.2.c. of this section and notwithstanding the foregoing, the superintendent may modify, in writing, the required 365 Day suspension if the superintendent determines that the student took or received a firearm or destructive device from another person at school or found the firearm or destructive device at school, provided that the student delivered or reported the firearm or destructive device, as soon as practicable, to a law enforcement officer or a school employee and had no intent to use such firearm or destructive device in a harmful or threatening way.

      Second Offense: 365 Day Suspension and subsequent Assignment to Alternative Program; or Expulsion; provided, the provisions detailed in the first offense and IV.E.2.c. of this policy are satisfied.

      Subsequent Offenses:Expulsion; provided, the provisions detailed in the first offense and IV.E.2.c. of this policy are satisfied.


      Any school administrator may impose discipline on any student for any student behavior that violates this section in addition to any discipline that may be imposed for violation of any other provision of the Code of Student Conduct.


      2. Class IV Violations

      The following violations shall be classified as Class IV Violations:

      a. Assault with a Weapon/ Assault Causing Serious Injury

      No student shall commit an assault upon any person involving the use of a weapon or other object that could reasonably be considered a weapon.

      No student shall commit an assault upon any person that causes or results in serious injury to another person.

      An assault is defined as an overt or deliberate act or attempt or appearance of attempt to commit an overt or deliberate act with force and violence in order to immediately physically injure another person and with the show of force or menace of violence being sufficient to put a reasonable person in fear of immediate physical injury.  An assault shall include, but is not limited to, fighting, intentionally hitting, striking, kicking, shoving, scratching, biting, blocking, emitting bodily fluids upon, using force upon, or passing or throwing objects, items or fluids at any person.  

      A student who is assaulted may use reasonable force in self-defense but only to the  extent necessary to free himself/herself from the assault and notify proper school authorities.  A student who exceeds this reasonable force may be disciplined even though he/she may not have provoked the assault.  


      b. Arson or Explosion

      No student shall intentionally set a fire on any school property, burn any school property or cause any school property to be burned.

      No student shall intentionally cause or attempt to cause an explosion on school property.


      c. Possession of a Firearm or Destructive Device or Powerful Explosive

      Except as specifically provided herein, no student shall possess on their person or within their custody or control, store or carry whether open or concealed, without the consent of the school administrator, a firearm or destructive device defined as follows:


      Any gun, rifle, pistol, firearm of any kind or as defined by the North Carolina General Statutes, or any dynamite cartridge, bomb, grenade, mine or other destructive device or powerful explosive as defined in N.C.G.S. 14-284.1 or any other North Carolina General Statute, whether operable or inoperable. Such weapon also includes, but is not limited to, a 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; and the firearm or receiver of any such weapon; and any firearm muffler or firearm silencer.  Such weapon does not include an inoperable antique firearm, a BB gun, stun gun, air rifle or air pistol.  A destructive device is defined as an explosive, incendiary or poison gas, which includes, but is not limited to the following:


      a. bomb;

      b. grenade;

      c. rocket having a propellant charge of more than four ounces;

      d. a missile having an explosive or incendiary charge of more than one-quarter ounce;

      e. mine; and

      f. device similar to any of the devices listed in this policy or state or federal law.


      This section shall not apply to a weapon used solely for educational or school-sanctioned ceremonial purposes or used in a school-approved program conducted under the supervision of an adult whose supervision has been approved by the school authority.


      d.Bomb Threat or Hoax

      No student shall, by any means of communication make a report, knowing or having reason to know the report is false, that there is located on any school premises a device designed to cause damage or destruction by explosion, blasting or burning.  


      No student shall place on any school premises with the intent of perpetrating a hoax, any device that would appear to a reasonable person to be a bomb or similar instrument capable of causing injury or damage.  


      VII. INAPPROPRIATE CONDUCT, BEHAVIOR THAT CHALLENGES THE INTEGRITY OF THE SCHOOL ENVIRONMENT AND/OR SCHOOL OFFICIALS


      While this policy attempts to address inappropriate student conduct, the Board of Education recognizes that all inappropriate behaviors cannot be defined within the context of these sections.  Therefore, the Board of Education delegates to the school administrators the authority to determine the appropriate discipline and consequences for inappropriate behaviors not specifically addressed in this policy and for student violations of other board policies.