Student Behavior Policy / Code of Conduct

Appalachian State University Academy at Middle Fork
Student Behavior Policy / Code of Conduct

I. Introduction

The Appalachian State University Academy at Middle Fork recognizes its responsibility to provide each student an equal opportunity to receive an education and to provide an atmosphere in its school which is conducive to learning and which protects student freedoms guaranteed by the Constitution of the United States. In order to meet these responsibilities, the Academy at Middle Fork adopts this statement of policy concerning student behavior. All decisions related to student behavior are guided by the Academy at Middle Fork's educational objective to teach responsibility and respect for cultural and ideological differences and by the Academy at Middle Fork's commitment to creating a safe, orderly and inviting school. Student behavior policies are provided in order to establish (1) expected standards of student behavior; (2) principles to be followed in managing student behavior; (3) consequences for prohibited behavior violations; and (4) required procedures for addressing misbehavior.

II. Policy Scope

This policy applies to all faculty, staff, students, and applicants of the Academy at Middle Fork. For the purpose of Academy at Middle Fork policies related to student behavior, all references to "parent" include a parent, legal guardian, legal custodian, or other caregiver adult who is acting in the place of a parent and entitled to enroll a student in school.

III. Principles

The reasons for managing student behavior are to (1) create an orderly environment in which students can learn; (2) teach expected standards of behavior; (3) help students learn to accept the consequences of their behavior; and (4) provide students with the opportunity to develop self-control. The following principles apply in managing student behavior:

Student behavior management strategies will complement other efforts to create a safe, orderly and inviting environment.
Positive behavioral interventions will be employed as appropriate to improve student behavior.
Responsibility, integrity, civility and other standards of behavior will be integrated into the curriculum.
Disruptive behavior in the classroom will not be tolerated.
Consequences for unacceptable behavior will be designed to help a student learn to comply with rules, to be respectful, to accept responsibility for his or her behavior and to develop self-control.
Strategies and consequences will be age and developmentally appropriate.

IV. Authority of School Personnel

The Principal has the primary authority and responsibility to investigate and take appropriate action regarding any prohibited student behavior and any other behavior appropriately referred to him or her. Certain behavior prohibited by this policy may also constitute a crime, which may be referred to appropriate law enforcement agencies. The Academy at Middle Fork reserves the right to address behavior under this policy independently of any criminal investigation or proceedings.
The Principal may search a student's person or possessions (such as a pocket book, book bag, gym bag), without prior notice to or consent of the student, if the Principal has a reasonable suspicion that the search will turn up evidence the student has violated or is violating either the law or the policies of the Academy at Middle Fork.
1. A search will be permissible in its scope when the manner in which the search is conducted is reasonably related to the objectives of the search and not excessively intrusive in light of the student's age and sex and the nature of the infraction.
2. Reasonable suspicion may be based on information provided by a reliable confidential informant, circumstantial evidence, and/or the Principal's common-sense conclusions about human behavior upon which practical people are entitled to rely in making decisions.
If there is reason to suspect a bomb or firearm is on campus and students are at risk of serious bodily injury or death, the Principal may conduct a complete search of the school as well as student book bags, pocket books, etc. for a weapon, bomb or other explosive device.
Teachers and other school personnel have the authority to manage or remove disruptive or dangerous students from the classroom and other locations where school-related activities are taking place. School personnel may use reasonable force to control behavior or to remove a person from the scene in those situations when necessary:
1. to correct students;
2. to quell a disturbance threatening injury to others;
3. to obtain possession of a weapon or another dangerous object on the person, or within the control, of a student;
4. for self-defense;
5. for the protection of persons or property; or
6. to maintain order on school property, in the classroom, or at a school-related activity whether on or off school property.
Except as restricted by N.C.G.S. § 115C-391.1, school personnel may use appropriate seclusion and restraint techniques reasonably needed in the circumstances described above as long as such use is consistent with state law and applicable policies and procedures.
Students must comply with all directions of principals, teachers, substitute teachers, student teachers, teacher assistants, bus drivers and all other school personnel who are authorized to give such directions during any period of time when they are subject to the authority of such personnel.

V. School Plan for Management of Student Behavior; Initial Decision and Review

The Academy at Middle Fork manages student behavior based on this policy, incorporating effective strategies consistent with the principles established herein. School officials will implement research-based behavior management programs that take positive approaches to improving student behaviors in an effort to avoid repeated misbehavior and suspension. Components of the plan for management of student behavior address:

the process by which student behavior will be addressed;
the means by which students at risk of repeated disruptive or disorderly conduct are identified, assessed and assisted;
positive behavioral interventions and possible consequences that will be used; and
parental involvement strategies that address when parents or guardians will be notified or involved in issues related to their child's behavior.

In general, the Assistant Principal will make initial decisions regarding student discipline. The Assistant Principal's decisions shall be subject to review by the Principal. The Assistant Principal and Principal will use a full range of disciplinary responses that do not remove a student from the classroom or school building, unless necessary to provide a safe, orderly environment that is conducive to learning. The decision of the Principal with regard to all discipline other than suspension or expulsion shall be final.

NOTE: Disciplinary consequences shall be determined in accordance with the Academy at Middle Fork's Student Discipline Procedures. Students with disabilities shall be subject to discipline in accordance with the Academy at Middle Fork's Discipline of Students With Disabilities Policy

VI. Corporal Punishment

No person may use corporal punishment to discipline any student. Reasonable force that is necessary to protect oneself or others is not considered corporal punishment.

VII. Communication of Rules

The Principal will make available to each student and parent: (1) the Code of Student Conduct and any other policies related to student behavior; (2) any related administrative procedures; (3) any additional discipline-related information from the school's student behavior management plan, including behavior standards, prohibited conduct or disciplinary measures; and (4) any other school rules.

VIII. Applicability

The Academy at Middle Fork may enforce policies, administrative regulations, and school rules when student misbehavior occurs:

while in any school building or on any school premises before, during or after school hours;
while on any bus or other vehicle as part of any school activity;
while waiting at any school bus stop;
during any school-sponsored activity or extracurricular activity;
when the student is subject to the authority of school employees; and
at any place or time when the student's behavior has or is reasonably expected to have a direct and immediate impact on the orderly and efficient operation of the schools or the safety of individuals in the school environment.

The procedures set forth in the Individuals with Disabilities Act (IDEA) shall be followed when disciplining students with disabilities.

IX. Code of Student Conduct (Infractions)

Every student has the right to be free from fear, harm, and violence at school, on the school bus and at school-related activities. In order to preserve this right, the Academy at Middle Fork establishes this Code of Student Conduct that sets out specific consequences for students violating the following rules:

Students shall obey Academy at Middle Fork policies, administrative regulations, school rules, and classroom rules.
Students shall comply with all lawful directions of principals, teachers, substitute teachers, teacher assistants, bus drivers, and other school personnel who are authorized to give such directions.
Students shall not assault, hit, kick, punch, fight, intentionally harm or threaten to harm another person.
A student shall not incite or instigate a fight, assault or riot. The terms "incite" and "instigate" mean to urge or direct others by words or actions to engage in a fight, assault or riot. A student commits this offense by actively urging or directing others to take part in the prohibited behavior or by causing or provoking the prohibited behavior to occur. Students committing this offense should be disciplined in the same manner as those students actually engaging in the fight, assault or riot.
A student shall not aid or assist another student to violate any Academy at Middle Fork Policy, administrative regulation or school rule. A student is guilty of this offense if he/she knowingly advises, induces, encourages, aids or assists another student to commit an offense OR shares in the purpose of the act (to commit the offense) and aids or is in a position to aid the other student when the offense is committed. A student committing this offense may be disciplined in the same manner as those students actively committing the offense.
A student should avoid a fight by walking away from a threatened conflict and/or reporting the other student's threats to a teacher or other school employee. A student may, in a defensive manner, restrain the other student or block punches, kicks etc.; but if the student retaliates by kicking, hitting, striking, or engaging in similar acts against the other student, that action is considered fighting.
A student shall not participate in an affray. An affray is a fight between more than two people which causes a large public disturbance. Examples of an affray are fights involving multiple students in the school cafeteria or hallway.
Students shall not take the property of another person or the school without permission. Theft, larceny, robbery and extortion are prohibited. Students shall not knowingly sell stolen items at school.
Students shall not engage in extortion. Extortion is the act of securing money, favors, or other things of value from another person through blackmail, abuse of authority, or intimidation.
Students shall not intentionally vandalize, scratch, mark, or damage the property of the school or any person at the school.
Students shall adhere to their school's dress code. At a minimum, the following dress or appearance is prohibited:
1. Clothing that contains advertisements for tobacco, alcohol or drugs; pictures or graphics of nudity; words that are profane, lewd, vulgar, or indecent;
2. Halter or bare midriff tops, or bare midriffs;
3. Spaghetti straps or tank tops;
4. Strapless shirts or tube tops;
5. Bare feet;
6. Short shorts or skirts;
7. Pants, slacks or jeans that sag below waist; and
8. Hats, caps, bandanas, or garments which cover the student's face or conceal the student's identity.
9. Underpants or bras showing or worn as outerwear;
10. Provocative, revealing attire; and
11. Any symbols, styles or attire frequently associated with gangs, intimidation, violence or violent groups.
Students shall not bring to, or have on school property or at any school-related activity, any weapon, or explosive of any kind, including, but not limited to any BB gun, stun gun, air rifle, air pistol, knife, dirk, dagger, slingshot, leaded cane, blackjack, metallic knuckles, razors and razor blades, destructive devices, firearms, and firecrackers, or any look-a-like weapon including but not limited to, plastic guns, water pistols, and rubber knives, or use any weapon or look-a-like weapon, including toy guns, gun parts or bullets, to harm or threaten to harm another person. Students shall not bring to, or have on school property or at any school related activity, any other item which may be used as a weapon, such as a saw or unaltered nail file, unless such item is being used for a school-related project or activity.
Students shall not use an aerosol spray can, bottle or other type container as a weapon to threaten to injure, to injure, harm, harass or annoy any other person or to disrupt class or any school program or activity.
Students shall not start fires or ignite explosives or threaten to do so.
Students shall not wrongfully break and/or enter into school buildings, school buses, classrooms, storerooms, or lockers.
Students shall not trespass on school grounds when told not to do so by authorized school personnel.
Students shall not engage in disorderly conduct. Disorderly conduct is defined in N.C. Gen. Stat. §14-288.4 as, among other things, intentionally creating a public disturbance that disrupts, disturbs or interferes with the teaching of students at any public or private educational institution or on the grounds adjacent thereto; or engaging in conduct which disturbs the peace, order or discipline on any school bus or school activity bus.
Students shall not possess, use, give away, attempt to sell or purchase, or be under the influence of any illegal narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, malt beverage (including beer and other malt beverages that contain less than .5 of one percent of alcohol), wine, alcoholic beverage, or any other controlled substance as defined by North Carolina law. Students shall not possess, use, give away, attempt to sell or purchase a counterfeit substance such as those described in this paragraph, or an otherwise legal substance that is intended to mimic the effects of one of the substances described in this paragraph.
Students shall not insert a foreign substance in the food or drink of another person with the intent of injuring or harming the other person or causing an adverse reaction including but not limited to, hallucinations, sleep, or euphoria. Students shall not knowingly bring containers of urine or any other bodily fluid or substance to school unless required for an academic or other required assignment or activity.
Students may not possess, display or use tobacco products at any time in any building, facility, or vehicle owned, leased, rented or chartered by the Academy at Middle Fork, on any school grounds and property, including athletic fields and parking lots, owned, leased, rented or chartered by the Academy at Middle Fork, or at any school-sponsored or school-related event on-campus or off-campus.
Students shall not possess drug or chemical paraphernalia at any time in any building, facility, or vehicle owned, leased, rented or chartered by the Academy at Middle Fork, on any school grounds and property, including athletic fields and parking lots, owned, leased, rented or chartered by the Academy at Middle Fork, or at any school-sponsored or school-related event on-campus or off-campus.
Students shall not engage in sexual or intimate conduct at school, on the school bus or school-related activities, including but not limited to: taking or attempting to take immoral or indecent liberties with another student, exposing private body parts (genitals, buttocks and/or female breasts) or engaging in consensual sexual misconduct or engaging in inappropriate public displays of affection including but not limited to, prolonged hugging or embracing, kissing, petting, and/or making out.
Students shall not gamble; they shall not possess and/or use playing cards unless approved by a teacher or school officials for an educational purpose.
Students shall not use or possess electronic devices such as MP3/4 players, portable radios, recording devices, tape/CD/DVD/MP3 players, digital cameras, laser pens, or other similar electronic equipment in school during regular school hours except as approved by a Principal or designee. Students shall not use any type of electronic device on school property or during a school activity, whether on or off school property, for the purpose of immoral or pornographic activities, including, but not limited to, sexting. Sexting shall be defined as the sending, taking, disseminating, transferring, sharing, or receiving of obscene, pornographic, lewd, indecent, or otherwise sexually explicit messages, photographs or images on or by electronic devices.
Students shall not possess a portable communication device of any kind, including, but not limited to, a cellular telephone, in an area that has expressly prohibited such items.
If the Academy at Middle Fork allows students to possess a portable communication device of any type, including but not limited to, a cellular telephone, students shall not use or display such devices during regular school hours except as approved by a Principal or designee. "Regular school hours" means from the beginning of the student instructional day to the end of the student instructional day, including time on the school bus.
1. If a portable communication device rings¸ vibrates or is otherwise used or in use on the school campus without permission from the Principal or designee, it may be confiscated and the student may be denied the privilege of possessing a portable communication device at school for up to the remainder of the school year. The confiscated device shall be returned to the student's parent.
2. If a school administrator has reasonable suspicion a device has been used to violate the Code of Student Conduct, the school administrator may search the device for evidence of such misconduct.
3. By virtue of the ringing, vibration, or other evidence of use of a portable communication device during regular school hours in contravention of this Policy, the owner of the device thereby consents to the search of such portable communication device by a school administrator.
Students and their parents are solely responsible for any loss or damage to their portable radio, tape recorders, tape/CD/DVD/MP3 players, cell phone or any other similar electronic equipment in school while it is in their care, custody or control. The Academy at Middle Fork accepts no responsibility for theft, loss or damage to a student's personal electronic equipment.
Commercial solicitation of or by students is prohibited on school grounds or at school-sponsored events. Charitable solicitation of students may be permitted if authorized in advance by the Principal.
Students shall not engage in hazing. Hazing is defined as subjecting another student to physical injury as part of an initiation, or as a prerequisite to membership, into any organized school group.
Students shall not engage in gang activity including:
1. Wearing, possessing, using, distributing, displaying, or selling any clothing, jewelry, emblems, badges, symbols, signs or other items which indicate a student's membership in or affiliation with a gang;
2. Communicating either verbally or non-verbally (gestures, handshakes, slogans, drawings, etc.), to convey membership or affiliation in a gang;
3. Tagging or otherwise defacing school or personal property with gang-related graffiti, symbols or slogans;
4. Requiring payment of protection, insurance, or otherwise intimidating or threatening any person related to gang activity;
5. Inciting other students to intimidate or to act with physical violence upon any other person related to gang activity;
6. Soliciting others for gang membership.
Students shall not litter or loiter on school property.
Students shall not make false statements to teachers and school officials or forge a signature on any papers or documents.
Students shall not make or publish false statements on the internet, by fax or by any other means of communication 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 accusing school personnel or students of engaging in criminal or immoral acts that are intended to injure, harass and/or harm an individual.
Students shall not download to or otherwise place upon a computer owned and/or maintained by the Academy at Middle Fork any software or computer program which enables the student and/or others to load content or programs to Academy at Middle Fork computers which would otherwise be prohibited.
Due to the risk or injury to the student and others, students shall not ride a skateboard, roller skate or in-line skate on school property, unless approved in advance by the principal or designee as a school sponsored program or activity.
Students shall not skip or leave class or school without permission.
Students shall not knowingly make a false report to law enforcement (i.e. a false 911 call).
Students shall not make a bomb threat or a false fire alarm.
Students shall not make terrorist threats. A student violates this rule when he or she:
1. By any means of communication to any person or group of persons, makes a report, knowing or having reason to know the report is false, that there is located on educational property or at a school-sponsored curricular or extracurricular activity off educational property any device, substance, or material designed to cause harmful or life-threatening illness or injury to another person;
2. With intent to perpetrate a hoax, conceals, places, disseminates, or displays on educational property or at a school-sponsored curricular or extracurricular activity off educational property any device, machine, instrument, artifact, letter, package, material, or substance, so as to cause any person reasonably to believe the same to be a substance or material capable of causing harmful or life-threatening illness or injury to another person;
3. Threatens to commit on educational property or at a school-sponsored curricular or extracurricular activity off educational property an act of terror that is likely to cause serious injury or death, when that threat is intended to cause a significant disruption to the instructional day or a school-sponsored activity or causes that disruption;
4. Makes a report, knowing or having reason to know the report is false, that there is about to occur or is occurring on educational property or at a school-sponsored curricular or extracurricular activity off educational property an act of terror that is likely to cause serious injury or death, when that report is intended to cause a significant disruption to the instructional day or a school-sponsored activity or causes that disruption; or
5. Conspires to commit any of the acts described in this subsection.
Students shall not possess or use counterfeit currency on school property or during a school activity, unless such item is being used for a school-related project or activity.
Students shall not cheat. Students shall not copy another student's answers to a test, homework or any other school work and submit it as their own work for evaluation and grading. In addition, unless permitted in advance, students shall not bring any materials in any form with them for use in answering questions on a test, such as a "cheat sheet."
Students shall not plagiarize. Students shall not copy an author's work and submit it as their own original work for evaluation and grading.
Students shall not use profanity, obscenity, fighting or abusive words, or otherwise engage in speech (written, symbolic or verbal) that materially and substantially disrupts the classroom or other school activities.
Students shall not communicate a threat to another person. Students shall not bully, cyberbully, harass, or discriminate against others. Communicating threats is defined as a person who, without lawful authority:
1. willfully threatens to physically injure the person or that person's child, sibling, spouse, or dependent or willfully threatens to damage the property of another;
2. communicates the threat to the other person, orally, in writing, or by any other means;
3. makes the threat in a manner and under circumstances which would cause a reasonable person to believe that the threat is likely to be carried out; and
4. causes the threatened person to believe that the threat will be carried out.
Students are prohibited from engaging in behavior (whether on or off campus) that constitutes a clear threat to the safety of other students or employees. Such behavior may subject a student to expulsion. Behavior constituting a clear threat to the safety of others includes, but is not limited to:
1. theft or attempted theft by a student from another person by using or threatening to use a weapon;
2. the intentional and malicious burning of any structure or personal property, including any vehicle;
3. an attack or threatened attack by a student against another person wherein the student uses a weapon or displays a weapon in a manner found threatening to that person;
4. an attack by a student on any employee, adult volunteer or other student that does not result in serious injury but that is intended to cause or reasonably could cause serious injury;
5. an attack by a student on another person whereby the victim suffers obvious severe or aggravated bodily injury, such as broken bones, loss of teeth, possible internal injuries, laceration requiring stitches, loss of consciousness, or significant bruising or pain; or whereby the victim requires hospitalization or treatment in a hospital emergency room as a result of the attack;
6. any intentional, highly reckless or negligent act that results in the death of another person;
7. confining, restraining or removing another person from one place to another, without the consent of the person or the person's parent, for the purpose of committing a felony or for the purpose of holding the person as a hostage, for ransom, or for use as a shield;
8. the possession of a weapon on any school property, including in a vehicle, with the intent to use or transmit for another's use or possession in a reckless manner so that harm is reasonably foreseeable;
9. taking or attempting to take anything of value from the care, custody or control of another person or persons, by force, threat of force, or violence, or by putting the victim in fear;
10. any unauthorized and unwanted intentional touching, or attempt to touch, by one person of the sex organ of another, including the breasts of the female and the genital areas of the male or female;
11. the possession, manufacture, sale or delivery, or any attempted sale or delivery, of a controlled substance in violation of Chapter 90 of the North Carolina General Statutes;
12. any behavior resulting in a felony conviction on a weapons, drug, assault or other charge that implicates the safety of other persons; and
13. any other behavior that demonstrates a clear threat to the safety of others in the school environment.

X. Inappropriate Behavior that Challenges the Integrity of the Academy at Middle Fork Environment

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

XI. Disciplinary Measures that May be Used for Violating the Code of Student Conduct

The following guidelines are recommendations for discipline and should not be construed as mandatory disciplinary actions. The Assistant Principal and Principal may combine sanctions from different levels where appropriate (i.e. a short-term suspension and a recommendation for long-term suspension).

Level One

Discipline that does not remove a student from the classroom for an extended period of time.

Parental involvement, such as conferences
Positive behavior interventions
Time-out for short periods of time
Behavior improvement agreements
Reduction in student's grade (for academic misconduct)
Instruction in conflict resolution and anger management
Peer mediation
Individual or small group sessions with the Behavior Support Coach
Academic intervention
Detention before and/or after school or on Saturday
Silent lunch
Community service
Exclusion from extracurricular activities
Suspension from bus privileges
Participation in a gang awareness program
Submission to random, mandatory drug tests for one calendar year
Participation in a drug, alcohol and/or tobacco treatment or education program.

Appropriate for minor acts of misconduct, first time offenses, or when mitigating factors apply to a more serious offense.
If aggravating factors apply, a higher level of sanctions may be considered.
If mitigating factors apply, sanctions may be waived.

Applicable Behaviors
Being in an Unauthorized Area
Bus Misbehavior
Late to Class
Cell Phone Use
Leaving Class Without Permission
Cutting Class
Disruptive Behavior
Dress Code Violation
Possession of Counterfeit Item (money)
Excessive Display of Affection
Falsification of Information
Possession of Student's own Rx Drug
Excessive Tardiness
Skipping Class
Academic Misconduct
Other School Defined Offense

Level Two

In-school Suspension. In-school suspension ("ISS") is a form of discipline in which a student maintains classroom assignments and remains in school but is in a separate location than the student's regular classroom. The student's teacher will continue to provide coursework for the student to complete while in ISS. Class Period ISS is preferred to day-long ISS; ISS should be used as a short-term solution.

Appropriate for minor acts of misconduct, first time offenses, or when mitigating factors apply to a more serious offense.
If aggravating factors apply, a higher level of sanctions or a longer period in ISS may be considered.
If mitigating factors apply, sanctions may be in line with a lower level or waived.

Applicable Behaviors
Aggressive Behavior
Profanity
Disrespect of Faculty/Staff
Possession of Tobacco
Inappropriate Items on School Property
Truancy
Inappropriate Language/Disrespect
Gambling
Insubordination
Use of Counterfeit Item (money)
Leaving School Without Permission
Use of Tobacco
Misuse/Unauthorized Possession of School Technology
Repeat Offender (minor disruptions)

Level Three

Short-term Suspension. A student may be short-term suspended out-of-school between one and five days (at a time) for willfully engaging in conduct that violates the Code of Student Conduct. Students shall not be short-term suspended for truancy or tardiness offenses.

A student subject to short-term suspension shall be provided the following:
1. The opportunity to take textbooks home for the duration of the suspension;
2. Upon request, the right to receive all missed assignments, and to the extent practicable, the materials distributed to students in connection with the assignment; and
3. The opportunity to take any quarterly, semester, or grading period examinations missed during the suspension period.

Appropriate for repeated minor offenses, first time offenses, or when mitigating factors apply to a more serious offense.
Short-term suspensions should normally be for no more than five (5) days at a time.
If aggravating factors apply, a higher level of sanctions or a longer period of suspension may be considered.
If mitigating factors apply, sanctions may be in line with a lower level or waived.

Applicable Behaviors
Affray
Harassment - Sexual
False Fire Alarm
Property Damage
Fighting
Theft
Gang Activity
Unlawfully Setting a Fire
Harassment - Verbal
Hazing
Bullying
Cyber-bullying
Discrimination
Extortion
Assault on Non-student (w/o weapon and not intended to cause or causing serious injury)
Assault on Student (without weapon and not intended to cause or causing serious injury)
Assault - Other
Possession of Chemical or Drug Paraphernalia
Possession of Counterfeit Item (drug or weapon)
Mutual Sexual Contact Between Students
Communicating Threats (N.C. Gen. Stat. 14-277.1)
Possession of Alcoholic Beverage (includes possession, sale or distribution)
Possession of Another Person's Prescription Drug (Not a Controlled Substance or Narcotic)
Possession of a Weapon (without intent to use or risk of harm; excluding firearms or destructive devices)
Disorderly Conduct (N.C. Gen. Stat. 14-288.4)
Repeat Offender

Level Four

Alternative Learning Center Assignment. Alternative Learning Center ("ALC") assignment is a form of discipline in which a student is removed from the classroom for up to ninety (90) days, but remains in the school building. Students will be taught by the ALC teacher and may also do coursework online. A student with excellent behavior, attendance and academic work may return to regular classes before the end of 90 days.

Appropriate for repeated offenses and/or when other interventions do not improve the student's behavior
Appropriate when aggravating factors apply to less serious offenses.
Appropriate when mitigating factors apply to more serious offenses
Alternative education placement must be considered in lieu of long-term suspension.

Applicable Behaviors
Use of Narcotics
Use of Alcoholic Beverage
Use of Counterfeit Item (i.e. counterfeit controlled substance or weapon)
Use of Controlled Substance
Under the Influence of a Controlled Substance
Under the Influence of Alcohol
Repeat Offender (serious disruptions)

Level Five

Alternative School Assignment. Alternative schools are full-time educational programs. Students assigned to these programs will be provided opportunity to make timely progress towards graduation and grade promotion.

Appropriate for repeat offenses, and/or when other interventions do not improve a student's behavior
Appropriate when aggravating factors apply to less serious offenses.
Appropriate when mitigating factors apply to more serious offenses.
Alternative education placement must be considered in lieu of long-term suspension.

Applicable Behaviors
Assault on School Personnel (without weapon and not intended to cause or causing serious injury)
Violent Assault Not Resulting in Serious Injury (an attack that is intended to cause or reasonably could cause serious injury)
Robbery Without a Weapon
Repeat Offender

Level Six

Long-term suspension. The Principal may recommend long-term suspension of any student who has committed a serious violation of the Code of Student Conduct that either threatens the safety of students, staff, or school visitors or threatens to substantially disrupt the educational environment.

If the offense leading to the long-term suspension occurs before the final quarter of the school year, the exclusion shall be no longer than the remainder of the school year in which the offense was committed.
If the offense leading to the long-term suspension occurs during the final quarter of the school year, the exclusion may include a period up to the remainder of the school year in which the offense was committed and the first semester of the following school year.
Students who are long-term suspended shall be offered alternative education services unless the Principal provides a significant or important reason for declining to offer such services. Depending on the circumstances, the following may be considered significant or important reasons to decline alternative education services:
1. The student exhibits violent behavior.
2. The student poses a threat to staff or other students.
3. The student substantially disrupts the learning process.
4. The student otherwise engages in serious misconduct that makes the provision of alternative educational services not feasible.
5. v. The student fails to comply with reasonable conditions for admittance in to an alternative education program.
If a teacher is assaulted or injured by a student and as a result the student is long-term suspended or reassigned to alternative education services, the student shall not be returned to that teacher's classroom unless the teacher consents.

Appropriate when the student’s conduct threatens the safety of students, staff, or school visitors or threatens to substantially disrupt the educational environment.

Appropriate when there is a significant or important reason to decline alternative education services, such as:

The student exhibits violent behavior.
The student poses a threat to staff or other students.
The student substantially disrupts the learning process.
The student otherwise engages in serious misconduct that makes the provision of alternative educational services not feasible.
The student fails to comply with reasonable conditions for admittance in to an alternative education program

Generally, a long-term suspension lasts between 11 days and the remainder of the school year (unless the offense is committed during the last quarter).
Alternative education placement must be considered in lieu of long-term suspension
If mitigating factors apply, fewer suspension days or alternative education placement may be considered.
If aggravating factors apply, more suspension days or a higher sanction may be considered.

Applicable Behaviors
Bomb Threat
Burning of a School Building
Possession of Controlled Substance in Violation of Law- Cocaine
Possession of Controlled Substance in Violation of Law- Marijuana
Possession of Controlled Substance in Violation of Law- Other
Possession of Controlled Substance in Violation of Law- Ritalin
Sale/Distribution of Controlled Substance in Violation of Law - Cocaine
Sale/Distribution of Controlled Substance in Violation of Law - Marijuana
Sale/Distribution of Controlled Substance in Violation of Law - Other
Sale/Distribution of Controlled Substance in Violation of Law - Ritalin
Sale/Distribution of a Prescription Drug (Not a Controlled Substance or Narcotic

Level Seven

365-day suspension. A 365-day suspension is required when a student has brought or been in possession of a firearm or destructive device on educational property, or to a school-sponsored event off educational property.

The Principal may recommend modification of the 365-day suspension for an individual student on a case-by- case basis.
The Principal shall not recommend a 365-day suspension if he or she determines that the student took or received the 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.
Students who are suspended for 365 days shall be offered alternative education services unless the Principal provides a significant or important reason for declining to offer such services.

Applicable Behaviors
Possession of Firearm or Destructive Device (definitions for "firearm" and "destructive device" are noted within this policy)

Level Eight

Expulsion. The Principal may recommend expulsion of any student who has engaged in behavior (whether on or off campus) that constitutes a clear threat to the safety of other students or employees as set forth in Section IX.45 of this policy.

Applicable Behaviors
See Section IX.45 of this policy.

XII. Definitions

Aggravating factors: Factors which would increase the severity of a student's punishment for violating the Code of Student Conduct.
Alcoholic beverage: Includes malt beverage, fortified wine, unfortified wine, spirituous liquor, mixed beverages, or beer.
Alternative education services: Part or full-time programs, wherever situated, providing direct or computer-based instruction that allows a student to progress in one or more core academic courses.
Controlled substance: Includes marijuana, heroin, LSD, methamphetamine, cocaine, or any other drug listed in schedules I - VI of the N.C. Controlled Substances Act. (N.C.G.S. §§ 90-89 through 90-94.)
Corporal punishment: The intentional infliction of physical pain upon the body of a student as a disciplinary measure.
Expulsion: The indefinite exclusion of a student from school enrollment for disciplinary purposes.
Firearm: Any of the following:
1. 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.
2. The frame or receiver of any such weapon.
3. Any firearm muffler or firearm silencer.
4. A firearm does not include an inoperable antique firearm, a BB gun, stun gun, air rifle, paintball gun, or air pistol.
Gang: Any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of criminal acts and having a common name or common identifying signs, colors, or symbols.
Long-term suspension: The exclusion for more than ten (10) school days of a student from school attendance for disciplinary purposes from the school to which the student was assigned at the time of the disciplinary action.
Mitigating factors: Factors which would decrease the severity of a student's punishment for violating the Code of Student Conduct.
Narcotic: Any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
1. Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.
2. Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause a, but not including the isoquinoline alkaloids of opium.
3. Opium poppy and poppy straw.
4. Cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or coca leaves and any salt, isomer, salts of isomers, compound, derivative or preparation of coca leaves, or any salt, isomer, salts of isomers, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocanized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine.
Parent: Includes a parent, legal guardian, legal custodian, or other caregiver adult who is acting in the place of a parent and entitled to enroll a student in school.
Destructive device: An explosive, incendiary, or poison gas:
1. Bomb
2. Grenade
3. Rocket having a propellant charge of more than four ounces
4. Missile having an explosive or incendiary charge of more than one-quarter ounce
5. . Mine
6. Device similar to any of the devices listed in this subsection.
Principal: Includes the principal and the principal's designee(s).
School personnel. Includes any of the following:
1. An employee of the Academy at Middle Fork
2. Any person working on school grounds or at a school function under a contract or written agreement with the public school system to provide educational or related services to students
3. Any person working on school grounds or at a school function for another agency providing educational or related services to students
4. Any school volunteer
Serious personal injury: Includes (1) substantial risk of death, (2) serious permanent disfigurement, (3) a coma, (4) a permanent or protracted condition that causes extreme pain, (5) permanent or protracted loss or impairment of the function of any bodily member or organ, or (6) an injury that results in prolonged hospitalization.
Short-term suspension: The exclusion of a student from school attendance for disciplinary purposes for up to ten (10) school days.
Substantial evidence: Such relevant evidence as a reasonable person might accept as adequate to support a conclusion; it is more than a scintilla or permissible inference.
Tobacco Products: Includes cigarettes, cigars, blunts, bidis, pipes, chewing tobacco, snuff, tobacco products, and products reasonably resembling tobacco or tobacco products (such as electronic cigarettes and "vape" products).

XIII. Aggravating and Mitigating Circumstances

When considering the appropriate sanction for specific student conduct, school personnel should consider circumstances relating to the offense, including but not limited to the following:

The student's age;
The student's mental capacity;
The student's intent;
The student's disciplinary history;
The student's academic history;
The potential benefits to the student of alternatives to suspension;
How the student's misconduct impacted others;
Whether the student displayed an appropriate attitude and gave respectful cooperation during the investigation and/or after the offense occurred;
What other consequence(s) the student may be experiencing outside of school;
What action the student and/or the student's parent(s) have taken since the offense occurred.

XIV. Student Speech and Expression

Nothing herein is intended to limit a student's right to express his or her thoughts and opinions at reasonable times and places, and in a reasonable manner, consistent with the protections of the First Amendment. In general, schools may place restrictions on a student's right to free speech when the speech is obscene, abusive, promoting illegal drug use, or is reasonably expected to cause a substantial disruption to the school day.

XV. Authority

N.C.G.S. 116, Article 29A (sections 116-239.5 et seq.)
UNC Policy Manual, The Code, Section 502

XVI. Original Effective Date

July 30, 2018

XVII. Revision Dates

August 22, 2018

Academy at Middle Fork