Major Discipline Problems
This document in no way limits the discretion of the administration and teachers to make rules. Each situation is unique and sometimes requires special provisions and consequences.
The following are considered violent acts that are illegal and covered by School Board Policy:
Verbal Threats/Verbal Assaults/Bullying
Verbal Threats, Verbal Assaults, Bullying, or Harassment occurs when a person threatens to physically injure another person or damage the property of another. The threat is communicated by any means and the threat is made in a manner and under circumstances which would cause a reasonable person to believe that the threat is likely to be carried out.
Teasing, ridiculing or making fun of another person to an extreme, or behavior that is intended to reduce another person's self-esteem, which actually has that effect, may result in a referral to the appropriate counselor, dispute resolution procedures and/or one-on-one mediation.
- First Offense: Up to 2 days of ISS and referral to the school counselor
- All Additional Offenses: Up to 3 days of OSS, notification of law enforcement and referral to school counselor
The following assault behavior by students, in addition to being addressed by the local school authority, will result in a referral to local law enforcement agencies. School personnel will cooperate in the investigation and prosecution.
- An assault on another student where there is serious injury and/or where a weapon is used
- Any assault on school personnel
- Any sexual assault
- Any assault where a group of students act collectively to assault a single individual
Assaults may fall under the immediate jurisdiction of the local law enforcement agencies. School personnel will cooperate in their investigation.
Consequences For Assaults
Durham Public Schools forbids assaults. This means both striking another person and/or attempting to strike another person. An assault by show of violence occurs when a person shows an apparent ability to inflict injury and the act is such that a reasonable person would fear harm from it.
- First Offense: Up to 10 days of OSS, referral to the school counselor, loss of privileges, notification of law enforcement and possible recommendation for long-term suspension
- All Additional Offenses: Automatic 10 days of OSS and all of the above consequences for a first offense.
Possession of a weapon is a felony and is punishable by law. All infractions involving weapons will be treated the same. "Notwithstanding any other suspension required by this policy, any student in grades K-12 shall be suspended for 365 calendar days for bring a weapon on school property. For the purpose of this section, the term weapon includes firearms and explosives as defined in G.S 14-269.2(b), (bl), (g) and (h). This policy does not apply to a BB gun, air rifle, air pistol or fireworks. School property includes any property owned, used or leased by the Board of Education, including school buses and other vehicles. 365-day suspension does not apply to any student who finds the weapon or receives it from another on school property and who delivers the weapon, as soon as practical, to school or law enforcement authorities."
Consequences for Weapons
- Level I: Possession of a Weapon — Ten days of OSS, notification of law enforcement and recommendation for long-term suspension.
- Level II: Using the Weapon — Same as Possession of a weapon.
- Level III: Using the Weapon and Causing Serious Injury — Recommendation of suspension for up to 365 days and notification of law enforcement agency.
Bomb Threats, False Fire Alarms, Hoaxes, Acts of Terror
Violations of this type may result in suspension from school for 365 days.
Coercion/Extortion occurs when a person threatens or communicates a threat to another with the intent to obtain wrongfully anything of value or any special privilege or immunity.
- First Offense: Up to 3 days of OSS, referral to a counselor and notification of law enforcement agency.
- All Additional Offenses: Up to 10 days of OSS and notification of law enforcement agency.
Stealing/Larceny occurs when property is taken directly from a person with or without the use of force, with the intent to permanently deprive the person of the property.
- First Offense: 3 to 5 days of PASS or OSS, referral to school counselor and notification of law enforcement agency.
- All Additional Offenses: 3 to 5 days of OSS and notification of law enforcement agency.
Gang Affiliation/Gang Activity
According to DPS policy, "A gang is 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 sign, colors, or symbols."
- First Offense: Up to 3 days of ISS, parent conference and notification of law enforcement agency.
- All Additional Offenses: Up to 10 days of OSS, parent conference and notification of law enforcement agency.
(Please refer to DPS policy concerning offenses of this nature.)
Drug Possession: Ten days of OSS, notification of law enforcement agency and referral to a substance abuse treatment center.
Selling/Using/Distributing Drugs: Ten days of OSS with recommendation for a long-term suspension and notification of law enforcement agency.
Vandalism is the abuse of school property or the property of others. In all cases, the student will clean up and will pay the cost of damage and/or provide service work to the school that will be commensurate to damages in addition to the following consequences:
- First Offense: Up to 3 days of ISS
- Second Offense: 3 to 5 days of OSS
Sexual Misconduct includes, but is not limited to, sexual harassment, sexually inappropriate language, shaking (pulling someone's pants or skirt down), public displays of affection, and inappropriate fondling and touching of a person, whether consensual or not.
Sexual Harassment is a situation when students feel uncomfortable because of comments, sexual gestures, or actions focused towards their body or behavior.
- First Offense: 3 days of ISS and in more serious cases, OSS may be used along with notification of law enforcement agency and recommendation to a counselor.
- All Additional Offenses: 3 to 10 days of OSS and notification of law enforcement agency.