FILE:  JCD-E

 

CODE OF STUDENT CONDUCT "Uniform Code of Discipline...."
The following pages contain a "Definition of Terms" and describe the "Procedures for Processing Disciplinary Infractions Referred to the Principal" at both the elementary and secondary levels. These procedures may offer recommendations or mandate certain disciplinary actions to be followed by the principal. When the violation calls for a recommended action, any or all portions of the appropriate plan may be implemented by the principal. If the violation indicates a mandated action, all portions of the required plan must be implemented. However, school administrators have the prerogative to seek a waiver of any portion or all of the prescribed mandatory disciplinary action through the Superintendent. Those parties who are directly involved with the incident shall be informed of the reason(s) for requesting the waiver.

DEFINITION OF TERMS

  1. Pyrotechnics - As commonly used, it refers to all types of fireworks, including pistols that fire blanks.
  2. Conference - A meeting which allows various people to meet and discuss certain issue
  3. Tardiness (Elementary) - A student will be considered tardy when not in the classroom with wraps off when the tardy bell rings. Exception: A pre- kindergarten or kindergarten student is not tardy if he/she is in the room at his/her locker removing wraps.
    Tardiness (Secondary) - A student is recorded tardy if he/she is not present in the classroom at the ringing of the tardy bell. Exceptions to this are prearranged school business excuses.
  4. Truancy - Under the laws of the State of Michigan any person between the ages of six (6) and sixteen (16) years, not exempt by law, who fails to continuously and consecutively attend school during the school year fixed by the appropriate school district is truant.
  5. Unexcused Absence - Results when any student leaves a class, skips a class (including homeroom), leaves the building without permission, or skips school.
  6. . Narcotics and/or Dangerous Drugs - The Uniform Narcotic Drug Act (Act 343 of the Public Acts of 1937, as amended) defines narcotic (narcotics, narcotic drugs) as: opium, coca leaves, or cannabis; any compound, salt, manufacture, derivative, or preparation thereof; or synthetic drugs which the Bureau of Narcotics of the United States Treasury Department has designated as narcotic (MSA 18.1071). Drugs - as defined in Act 134 of the Public Acts of 1885, as amended.
  7. Parental Liability for Damage to Public Property (MSA 27A.2913)
  1. Any municipal corporation, county, township, village, school district, department of the State of Michigan, person, partnership, corporation, association, or any incorporated or unincorporated religious organization * (may) recover damages in an amount not to exceed $4500 in a civil action in a court of competent jurisdiction against the parents of any minor * under 18 years of age * living with the parents * (who) has maliciously or willfully destroyed real, personal or mixed property which belongs to the municipal corporation, association, (or who has maliciously or willfully caused bodily harm or injury to any person).
  2. The amount which may be recovered against the parents * is limited to actual damages, not exceeding $500 plus taxable court costs.
  1. Fighting - Physical contact in which both parties are active participants which does or could result in bodily harm.
  2. Interim Suspension - Is that period of time, not to exceed ten (10) school days, necessary to investigate a charge against a student. At or before the end of the ten (10) school days, the student must be readmitted or recommended for expulsion. If the latter,
  1. the Board of Education or Hearing Panel should receive the recommendation for expulsion and schedule a hearing within 21 school business days from the date of the interim suspension letter at its next regular meeting, or at a special meeting, unless otherwise agreed to by the parent(s) or guardian of the student; and
  2. the student will remain out of school. During the interim suspension, the student is responsible for all classroom assignments, and should not be on school property or at school sponsored functions.
  1. Therapeutic Removal - Removal from the immediate setting to which a student cannot adjust to a neutral in-school setting and/or home environment until self-control is maintained or an appropriate conference has been held.
  2. Dangerous Weapon -

  1. a dangerous weapon is any instrument which is used in a manner likely to produce serious injury or death; or
  2. some instruments, such as firearms, knives, or bombs, are dangerous because they are specifically so designed. Other instruments, though designed for peaceful and proper purposes, also may be "dangerous weapons". The manner in which an assault takes place and the facts and circumstances disclosed by the evidence will determine whether the instrument in question is in fact a "dangerous weapon". A student shall not carry or possess any firearm, pellet gun, BB gun, knife, dagger, stiletto, switchblade, dirk, club, blackjack, razor-knife, karate sticks, metallic stars, or any other dangerous instruments while on school property, including school buses.
  1. Defiance of Authority - Disobeying a direct order from an administrator, teacher, school official, or school employee.
  2. Profanity - The use of profane (abusive, contemptible, or vulgar) language.
  3. Insolence - A state of being insultingly contemptuous in speech or conduct.
 
REVISED: 7-02-90
5-08-07
 

The Benton Harbor Area Schools, Berrien County, Michigan