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Reasons for Exclusion from School Publication (Per Policy No. 233)

Suspension and Expulsion

In support of School Board Policy No. 233
March 2023

Background

Per School Board Policy No. 233, the district must "define and publish the types of offenses that would lead to exclusion from school."

The chart below outlines the offenses, relevant policies, and handbook locations that reference the reasons that a student may be excluded from school attendance for disciplinary reasons.

Offense or Related Policy/Infraction Name:

Discrimination and Title IX/Sexual Harassment Affecting Students

Definition, Cited Text, and/or Relevant Information:

Discrimination shall mean to treat individuals differently, or to harass or victimize based on a protected classification including race, color, age, creed, religion, sex, sexual orientation, gender identity/expression, ancestry, national origin, marital status, pregnancy, or handicap/disability.

Harassment is a form of discrimination based on the protected classifications listed in this policy consisting of unwelcome conduct such as graphic, written, electronic, verbal or nonverbal acts including offensive jokes, slurs, epithets and name-calling, ridicule or mockery, insults or put-downs, offensive objects or pictures, physical assaults or threats, intimidation, or other conduct that may be harmful or humiliating or interfere with a personrsquo;s school or school-related performance when such conduct is:

  1. Sufficiently severe, persistent or pervasive; and
  2. A reasonable person in the complainantrsquo;s position would find that it creates an intimidating, threatening or abusive educational environment such that it deprives or adversely interferes with or limits an individual or group of the ability to participate in or benefit from the services, activities or opportunities offered by a school.

Offense or Related Policy/Infraction Name:

Weapons Violations

Definition, Cited Text, and/or Relevant Information:

Weapon - the term shall include but not be limited to any knife, cutting instrument, cutting tool, nunchaku, firearm, shotgun, rifle, replica of a weapon, and/or any other tool, instrument or implement capable of inflicting serious bodily injury.

Offense or Related Policy/Infraction Name:

Terroristic Threats

Definition, Cited Text, and/or Relevant Information:

Terroristic threat - shall mean an intentional direct or indirect communication, whether electronic, written, verbal, physical or otherwise evidenced through conduct, act:

  1. To commit any crime of violence with the intent to terrorize another;
  2. To cause evacuation of a building, place of assembly or facility of public transportation;
  3. To cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience, or
  4. To otherwise cause serious public inconvenience by creating a substantial disruption to the school setting.

Offense or Related Policy/Infraction Name:

Fighting

Definition, Cited Text, and/or Relevant Information:

Disorderly Conduct - a person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, s/he:

  1. Engages in fighting or threatening, or in violent or tumultuous behavior
  2. Makes unreasonable noise
  3. Uses obscene language or makes an obscene gesture
  4. Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor

Offense or Related Policy/Infraction Name:

Sexual Assault

Definition, Cited Text, and/or Relevant Information:

Sexual assault – means any of the following offenses:

  1. Rape
  2. Statutory sexual assault
  3. Involuntary deviate sexual intercourse
  4. Sexual assault
  5. Aggravated indecent assault
  6. Indecent assault

Offense or Related Policy/Infraction Name:

Controlled Substances/Paraphernalia

Definition, Cited Text, and/or Relevant Information:

For purposes of this policy, controlled substances shall include all:

  1. Controlled substances prohibited by federal and state laws
  2. Look-alike drugs
  3. Alcoholic beverages
  4. Anabolic steroids
  5. Drug paraphernalia
  6. Any volatile solvents or inhalants, such as but not limited to glue and aerosol products
  7. Substances that when ingested cause a physiological effect that is similar to the effect of a controlled substance as defined by state or federal laws
  8. Prescription or over-the-counter drugs, such as aspirin, Motrin, Advil, cough syrup, etc., except those for which permission for use in school has been granted pursuant to Board policy

Offense or Related Policy/Infraction Name:

Hazing

Definition, Cited Text, and/or Relevant Information:

Hazing occurs when a person intentionally, knowingly or recklessly, for the purpose of initiating, admitting or affiliating a student with an organization, or for the purpose of continuing or enhancing membership or status in an organization, causes, coerces or forces a student to do any of the following:

  1. Violate federal or state criminal law
  2. Consume any food, liquid, alcoholic liquor, drug, or other substance which subjects the student to a risk of emotional or physical harm
  3. Endure brutality of a physical nature, including whipping, beating, branding, calisthenics or exposure to the elements
  4. Endure brutality of a mental nature, including activity adversely affecting the mental health or dignity of the individual, sleep deprivation, exclusion from social contact or conduct that could result in extreme embarrassment
  5. Endure brutality of a sexual nature
  6. Endure any other activity that creates a reasonable likelihood of bodily injury to the student

Offense or Related Policy/Infraction Name:

Bullying/Cyberbullying

Definition, Cited Text, and/or Relevant Information:

Bullying means conduct that occurs in a school setting which consists of an intentional electronic, written, verbal, physical or otherwise evidenced through conduct, act or series of acts, directed at another student or students, which occurs in a school setting, that is severe, persistent or pervasive and has the effect of doing any of the following:

  1. Substantially interfering with a student’s education;
  2. Creating a threatening environment; or
  3. Substantially disrupting the orderly operation of the school

Bullying, as defined in this policy, includes cyberbullying.

Offense or Related Policy/Infraction Name:

Use of Livestream on School District Property

Definition, Cited Text, and/or Relevant Information:

Livestream video, as used in this policy, shall mean utilizing any camera to broadcast live video content through the internet, including through a social media platform.

Offense or Related Policy/Infraction Name:

Acceptable Use Policy

Definition, Cited Text, and/or Relevant Information:

Consequences for Inappropriate Use of District Technology

Violations of this policy may result in the temporary or permanent revocation of a user’s right to access district technology resources. Additionally, students may be subject to other forms of disciplinary actions for violations of this policy and/or local, state, and/or federal law.

Offense or Related Policy/Infraction Name:

Level 1 Behavioral Infractions (Refer to policy #233)

Definition, Cited Text, and/or Relevant Information:

Behaviors could include, but are not limited to:

  1. Running, tripping, pushing, hitting or other similar aggressive acts
  2. Throwing objects
  3. Unauthorized use of toys, audio devices, collectibles or other similar items
  4. Name-calling
  5. Dress code violations
  6. Misuse of equipment on the playground
  7. Cafeteria misconduct
  8. Writing/passing inappropriate notes

Possible Consequences: Verbal warning, Written warning, Parent contact, Apology, Loss of privileges, Meeting with an administrator, Detention

Offense or Related Policy/Infraction Name:

Level 2 Behavioral Infractions (Refer to policy #233)

Definition, Cited Text, and/or Relevant Information:

Behaviors could include, but are not limited to:

  1. Repeated level one violations
  2. The use of foul or other inappropriate language, gestures, or objects
  3. Disruptive behavior
  4. Disrespect/defiance to adults
  5. Bullying (S.B. policy #249)
  6. Fighting or physical confrontation without physical injury
  7. Bus misconduct
  8. Cheating, lying, forged signatures
  9. Leaving school grounds without permission
  10. Graffiti or vandalism
  11. Threats
  12. Endangerment compromising the safety of self or others
  13. Extortion

Possible Consequences: Immediate Parent contact, Apology, Loss of Privileges, Meeting with an administrator, Detention, In-School Suspension, Out-of-School Suspension, Loss of bus privileges, Restitution, Possible police involvement, Expulsion

Offense or Related Policy/Infraction Name:

Level 3 Behavioral Infractions (Refer to policy #233)

Definition, Cited Text, and/or Relevant Information:

Behaviors could include, but are not limited to:

  1. Repeated level two violations
  2. The student is engaged in a physical altercation with another student that results in injury
  3. Stealing
  4. Sexual harassment
  5. Pattern of bullying (S.B. policy #249)
  6. Threats with credible intent to harm
  7. Serious or habitual bus misconduct
  8. Violation of MTSD controlled substance policy (S.B. policy #227)
  9. Violation of the MTSD weapons policy (S.B. policy #218.1)
  10. Violation of the MTSD tobacco policy (S.B. policy #222)

Possible Consequences: Loss of Privileges, Meeting with an administrator, Detention, In-School Suspension, Out-of-School Suspension, Restitution, Possible police involvement, Expulsion

Offense or Related Policy/Infraction Name:

Administrative Detention, OTI, ISS & OSS (Refer to MTSD Policy #233)

Definition, Cited Text, and/or Relevant Information:

The following types of conduct may result in expulsion:

  1. Drug (including look-alikes) and alcohol infractions
  2. Disruption of the educational environment
  3. Persistent violation of school rules
  4. Damage, destruction, theft or possession of stolen school or private property
  5. Threats or assault
  6. Possession, use or transfer of a weapon
  7. Any action that constitutes a hazard to the safety and well-being of individuals or the school community. Examples of such actions include, but are not limited to: the setting of fires, giving false alarms, making bomb threats, tampering with safety equipment, circumventing locked door security policy, etc.

Offense or Related Policy/Infraction Name:

Destruction of School Property

Definition, Cited Text, and/or Relevant Information:

Students involved in acts of vandalism of school property (including graffiti) may face suspension and/or expulsion from school, legal action, and may be held liable for damages. Breakage or destruction of school property due to student negligence may require restitution and may result in disciplinary consequences.

Offense or Related Policy/Infraction Name:

Level II Behavioral Infractions

Definition, Cited Text, and/or Relevant Information:

Misbehavior that disrupts the learning climate of the school. Execution of Level 1 discipline options (including parent contact) has failed to correct the problem. Referral is made to an administrator.

Example infractions: repetition of Level I infractions after the teacher has called the parent; smoking policy violation, fighting, profanity or obscenity directed at a teacher or staff member, defacing school property, defiance, insubordination.

Possible consequences: parent/guardian conference, administrative detention, ISS or OSS.

Offense or Related Policy/Infraction Name:

Level III Behavioral Infractions

Definition, Cited Text, and/or Relevant Information:

Acts that result in violence to another person or property, loss of property, or pose a direct threat to the safety of others.

Staff personnel who intervene in and/or observe such behavior will refer the incident to an administrator. Most of the time these acts will be considered criminal in nature and may require the intervention of law enforcement personnel.

Examples of infractions: repetition of Level I and II infractions; possession or sale of stolen property; bomb threats; false fire alarm; arson; possession, use or transfer of a weapon; possession or use of an irritant (e.g., stink bomb); possession, use or sale of alcohol or other controlled substances; other crimes listed in the Pennsylvania Crime Codes.

Possible consequences: restitution of property or damages, prosecution, suspension, expulsion. (See Student Code of Conduct online for more information.)

Offense or Related Policy/Infraction Name:

Administrative Detention, Lunch Detention, ISS & OSS (Refer to MTSD Policy #233)

Definition, Cited Text, and/or Relevant Information:
  • Classroom misconduct
  • Bullying/Unlawful Harassment
  • Cutting Admin Detention
  • Cutting Class
  • Cutting teacher detention
  • Defiance/Insubordination
  • Directed Profanity or use of Offensive Gestures
  • Damage to/ destruction of school property
  • Extortion
  • Forged signature
  • Intimidation or threats
  • Leaving School Grounds without permission
  • Possession, use, or dealing of alcohol or drugs
  • Possession or use of tobacco products
  • Possession or weapon
  • Possession of dangerous object
  • Stealing