Board Policy 504 – Discipline and Behavior
|Board Policy||Administrative Regulation|
|504.01 Discipline Policy (Revised 9/29/08) (Revised 4/23/12) (See 501.15, Attendance Policy) (Revised 10/27/14)(Revised 10/12/15) (Revised 8/28/17)|
|504.02 Personal Appearance of Students (Reviewed 4/12/10) (Reviewed 10/12/15) (Revised 6/24/19)||504.02A|
|504.03 Search and Seizure (Revised 6/14/10) (Revised 10/27/14) (Revised 2/13/17) (Revised 5/22/17)||504.03A 504.03B|
|504.04 Substance Abuse (Revised 8/9/10)(Revised 10/27/14) (Revised 6/24/19)|
|504.05 Expulsion (Reviewed 8/9/10)(Revised 10/10/16)||504.05A|
|504.06 Parent and Student’s Rights (Revised 6/14/10)|
|504.07 Harassment: Students (Deleted 4/23/12 Combined with 504.10)|
|504.08 Good Conduct Rule (Revised 6/14/10) (Edited 10/12/15)||504.08A|
|504.09 Cell Phones and Electronic Devices (Revised 10/26/09)(Revised 4/14/14) (Revised 6/24/19)||504.09A|
|504.10 Anti-Bullying/Anti-Harassment:Students (Revised 9/29/08) (Revised 4/23/12) (Revised 7-16-13) (Revised 7-22-19)||504.10A
Student Conduct and Discipline Policy
One of the purposes of education is to develop each student’s maximum potential in a democratic society. In order to accomplish this objective, public schools must provide and maintain a school atmosphere that encourages learning and helps students develop responsibility in accordance with what is appropriate, decent, just, respectful, and fair to others.
Good discipline begins in the home, and it is a parent/guardian’s obligation and responsibility to set an example to encourage students to develop the proper attitude toward school. Home and school must work together so that each student will develop into the best possible citizen.
The development of this policy is the result of the combined efforts of persons representing instructional and non-instructional staff, parents/guardians, pupils, and the Board.
I. The Need for School Discipline
A. School discipline may be imposed when necessary to guide the conduct of pupils in a way that permits the orderly and efficient operation of the school; i.e., the maintenance of a scholarly, disciplined atmosphere to allow for educational benefit for all pupils.
II. General Statements Relating to Maintenance of School Discipline
A. Carrying out school procedures necessary for maintaining a scholarly, disciplined atmosphere is the joint responsibility of the Board, its staff, the pupils, and their parents/guardians.
B. The District strives to create a climate of mutual respect and understanding between students, parents/guardians, staff, and community.
C. Students will conduct themselves in a manner fitting their age level and maturity and with respect and consideration for the rights of others while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management, or welfare of the school district.
D. Consequences for misconduct will be fair and developmentally appropriate in light of the circumstances.
E. District staff has the authority to carry out school procedures, including the use of discipline and/or reasonable physical force to prevent and stop an act of interference with the scholarly, disciplined atmosphere of the school.
F. Lockers and other school property are loaned to pupils for their use and are subject to periodic inspection by an administrator(s). Lockers may also be searched in accordance with Board Policy 504.03 for the safety and welfare of pupils and the school.
G. To the extent a student, parent/guardian, staff member, or other individual has a concern regarding a student’s discipline, the concern should be addressed as follows: to teacher, then counselor, principal, Associate Superintendent, Superintendent, and then to Board.
H. Discipline of special education students, including suspensions and expulsions, will comply with the provisions of applicable federal and state laws.
III. Breach of Discipline
Inappropriate student conduct includes but is not limited to conduct that disrupts or interferes with the education program or school environment; conduct that disrupts the orderly and efficient operation of the school district or school activity; conduct that disrupts the rights of other students to participate in or obtain their education; conduct that is violent or destructive; conduct that presents a threat to the health and safety of students, employees, and/or visitors on school premises; or conduct that interrupts the maintenance of a disciplined atmosphere.
Students who fail to abide by this policy, and any administrative regulations related to it, may be disciplined. The following conduct is prohibited and may result in disciplinary action:
A. Criminal Acts
Criminal acts including but not limited to assault, battery, larceny, robbery, vandalism, malicious threats, and malicious use of communication technology (including cell phones) will result in disciplinary action by the District. In the event they are not present at the time, principals should be notified of the criminal act as soon as possible. The principal or acting building administrator will report criminal acts committed by students to the police department.
B. Tobacco, Nicotine Delivery Systems (including Electronic Cigarettes or Similar Devices), Liquor, and Controlled Substances
The use, possession, manufacture, or distribution of:
• Nicotine delivery systems,
• Electronic cigarettes or similar devices,
• Personalized vaporizers,
• Products for smoking cessation,
• Alcoholic liquor or beer,
• Any controlled substance that is considered an illegal drug,
• Any controlled substance not prescribed to the particular student found in possession of the controlled substance,
• Any drug paraphernalia, and/or
• Any look-alike drugs (as defined in the Uniform Controlled Substances Act)
by any student on school property or on property within the jurisdiction of the school district, while on school-owned or school-operated chartered vehicles, or while attending or engaged in a school function (either on or away from school property) is prohibited. The unauthorized use, possession, or distribution of prescription drugs is likewise prohibited.
C. Assaults and Threats to School Personnel
A student who commits an assault against a school employee on school district property or on property within the jurisdiction of the school district; while on school-owned or school-operated chartered vehicles; or while attending or engaged in school district activities will be suspended for a time to be determined by the principal.
The principal may also refer the student to the Discipline Hearing Officer.
Notice of the suspension will be sent to the Superintendent. The Superintendent will review the suspension and decide whether to impose further sanctions against the student, which may include recommending expulsion. In making his or her decision, the Superintendent shall consider the best interests of the school district, which shall include what is best to protect and ensure the safety of the school employees and students from the student committing the assault.
Assault for purposes of this section of this policy is defined as, when, without justification, a student does any of the following:
• An act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; or
• An act which is intended to place another in fear of immediate physical contact that will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act; or
• Intentionally pointing a firearm towards another or displaying in a threatening manner any dangerous weapon towards another.
The act is not an assault when the person doing any of the above and the other person are voluntary participants in a sport, social, or other activity, not in itself criminal, when the act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace.
D. Gang Activities
The presence of gangs and gang activities has caused and continues to cause a substantial disruption of or material interference with school and school activities. A “gang” as defined in this policy, which reflects Iowa Code 723A, means 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 one or more criminal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of gang activity.
A “pattern of gang activity” means the commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who are members of, or belong to, the same criminal street gang.
By this policy, the Board prohibit the existence of gangs and gang activities as follows:
No student on or about school property or at any school activity:
1. Shall wear, possess, use, distribute, display, or sell any clothing, jewelry, emblem, badge, symbol, sign, or other thing that is evidence of membership in or affiliation with any gang.
2. Shall commit any act or omission or use any speech, either verbal or non-verbal (gestures, handshakes, etc.) showing membership or affiliation in a gang.
3. Shall use any speech or commit any act or omission in furtherance of the interests of any gang or gang activity, including, but not limited to:
a. Soliciting others for membership in any gangs;
b. Requesting any person to pay for “protection” or otherwise intimidating or threatening any person;
c. Committing any illegal act or violation of school district policies; or
d. Inciting another student to act with physical violence upon any other person.
The District’s prohibition against harassment and a definition thereof is located at Policy 504.10 (Anti-Bullying/Anti-Harassment Policy: Students).
F. Other Breaches of Discipline.Other breaches of discipline include but are not limited to the following:
1. Intimidating or threatening behavior;
2. Open defiance involving refusal to conform to rules and regulations; profane or obscene language; loud and boisterous conduct that disturbs the orderly, efficient, and disciplined atmosphere and operation of the school; refusal to comply with the requests or direction of teachers, administrators, or other school personnel or similar actions;
3. Willful disobedience;
4. Breaking of rules of the school;
5. Physical attack and/or threats of physical attack, or physical violence to teachers, to the pupils, or to any other personnel;
6. Personal misbehavior such as extortion, intimidation, or possession of dangerous objects;
7. Display of overt bigotry or intolerance; or
8. Libel or slander.
IV. School Authority
Disciplinary control of pupils may be exercised as follows:
A. While on school property or on property within the jurisdiction of the school district;
B. In certain circumstances, when traveling directly to or from school (see subsections E and F below);
C. While on school buses or chartered buses for school related activities;
D. While attending or engaged in school activities; and
E. While away from school grounds if in the judgment of the Superintendent or the administration, an incident of student behavior occurs that grew out of a school-sponsored activity.
F. Incidents of student behavior that occur off school property, and do not grow out of school sponsored-activities, ordinarily are not the responsibility of the school or its authorities, but may affect a student’s eligibility to participate in extracurricular activities, including athletic teams, academic competitions, and clubs. In some circumstances, conduct that occurs while away from school grounds may be disciplined if the misconduct will directly affect the good order, efficient management, or welfare of the school district.
Parent(s)/guardian(s) of pupils are responsible for the actions and conduct of their children on and off school premises at all times. Other agencies, such as the police department, juvenile department, and the courts, as well as other community agencies, have responsibilities, either defined by law or by purpose of the agency, to assist juveniles whenever possible.
V. Actions in Disciplinary Cases
The following actions can be taken in cases of breach of school regulations and/or breach of discipline. The District does not require progressive discipline and any of the following can be imposed for discipline, without working from least punitive to most.
A. Removal from the classroom – A student may be sent to the building principal’s office. It is within the discretion of the person in charge of the classroom to remove the student.
B. Detention – A student subject to detention is required to attend school during non-school hours for disciplinary purposes. The student can be required to appear prior to the beginning of the school day, after school has been dismissed for the day, or on a non-school day. Whether a student will serve detention, and the length of the detention, is within the discretion of the licensed employee or the building principal disciplining the student.
C. Denial of privileges – A student will be excluded from class or an activity(ies) for a period as determined by the licensed employee or the building principal disciplining the student.
D. Suspension – A student may have to serve an in-school or out-of-school suspension, may be restricted from activities, or may lose eligibility to participate in activities. An in-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision. An out-of-school suspension means the student is removed from the school environment, which includes school classes and activities. A restriction from school activities means a student will attend school and classes and practice but will not participate in or be allowed to attend school activities. A loss of eligibility means a student is no longer able to participate in a particular activity for that season or school year.
The principal or superintendent has the discretionary authority to suspend a pupil from school and/or activities. The pupil and the pupil’s parent/guardian will be notified by phone or in writing of the suspension and the reasons for it. (The Board also has the authority to suspend a student, Policy 504.05.)
E. Discipline Meeting/Discipline Hearing Officer – An administrator may refer a student to the Discipline Hearing Officer if the nature of the student’s conduct or the frequency of such conduct leads the administrator to believe it may be inappropriate to allow the student to return to the student’s current school building. Generally, this referral is done in connection with a student suspension. The Hearing Officer will review any documentation regarding the event and may meet with the student, student’s parent/guardian, and/or student advocate to ask questions and allow for any such parties to present information regarding the conduct in question.
The Hearing Officer may determine where the student will be allowed to attend school (for example another high school or Keystone Academy), the period of time the student will attend such school, and the conditions for allowing the student to return to his/her original school.
F. Expulsion – Expulsion means an action by the Board to remove a student from the school environment, which includes, but is not limited to, classes and activities, for a period of time set by the Board. The Board also has the authority to suspend a pupil. The procedure for an expulsion hearing (which may result in expulsion or a long term suspension) is included at Policy 504.05.
VI. Corporal Punishment Barred
An employee of the District shall not inflict, or cause to be inflicted, corporal punishment upon a student. For purposes of this section, “corporal punishment” means the intentional physical punishment of a student. An employee’s physical contact with the body of a student is justified if it is reasonable and necessary under the circumstances, and is not designed or intended to cause pain, or if the employee uses reasonable force, as defined below, for the protection of the employee, the student, or other students; to obtain the possession of a weapon or other dangerous object within a student’s control; or for the protection of property.
VII. Reasonable Force
No employee is prohibited from:
• Using reasonable and necessary force, not designed or intended to cause pain, in order to accomplish any of the following:
o To quell a disturbance or prevent an act that threatens physical harm to any person.
o To obtain possession of a weapon or other dangerous object within a pupil’s control.
o For the purposes of self-defense or defense of others as provided for in Iowa Code section 704.3.
o For the protection of property as provided for in Iowa Code section 704.4 or 704.5.
o To remove a disruptive pupil from class or any area of school premises or from school-sponsored activities off school premises.
o To protect a student from the self-infliction of harm.
o To protect the safety of others.
• Using incidental, minor, or reasonable physical contact to maintain order and control.
• Using restraint, which is considered the act of controlling the actions of a pupil when such pupil’s action may inflict harm to said pupil or to others or to property, is not considered corporal punishment. Teachers, staff, and administrators must feel free to use whatever reasonable means are appropriate at the moment if it is necessary to prevent a pupil from harming self or others.
Reasonable physical force should be commensurate with the circumstances of the situation. The following factors should be considered in using reasonable physical force for the reasons stated in this policy:
• The size and physical, mental, and psychological condition of the student;
• The nature of the student’s behavior or misconduct provoking the use of physical force;
• The instrumentality used in applying the physical force;
• The extent and nature of resulting injury to the student, if any; and/or
• The motivation of the school employee using physical force.
Upon request, a student’s parent/guardian will be given an explanation of the reasons for physical force.
Iowa law prohibits firearms on school property. A person who goes armed with, carries, or transports a firearm of any kind on the grounds of a school commits a class “D” felony under Iowa law. This applies even if the person has a permit to carry. (An exception under the law is made for a peace officer, member of the armed forces or National Guard, or correctional officer carrying the weapon in connection with his or her duties or if the District specifically authorizes the person to bring the weapon onto school grounds.)
The Board believes weapons, other dangerous objects, and look-alikes on school property cause material and substantial disruption to the school environment and/or present a threat to the health and safety of students, employees, and visitors on school property. For purposes of this policy, the term “weapons and other dangerous objects” shall include any instrument designed or intended to be used in either offensive or defensive combat and “look-alikes” includes any object that looks like a weapon or dangerous object.
District facilities are not an appropriate place for weapons, dangerous objects, or look-alikes. Weapons and other dangerous objects and look-alikes will be taken from students and others who bring them onto the District property or onto property within the jurisdiction of the District or from students who are within the control of the District.
The parent/guardian of a student found to possess a weapon, dangerous object, or look-alike on school property will be notified of the incident. Possession or confiscation of a weapon, dangerous object, or look-alike will be reported to law enforcement officials, and the student will be subject to disciplinary action.
A student bringing a firearm to school or knowingly possessing a firearm at school will be expelled for not less than twelve months. The superintendent has the authority to recommend this expulsion requirement be modified for a student on a case-by-case basis. For purposes of this portion of this policy, the term “firearm” includes, but is not limited to, any weapon designed to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, a muffler or silencer for such a weapon, or any explosive, incendiary, or poison gas, or otherwise as defined by applicable law.
Weapons under the control of law enforcement officials or other individuals specifically authorized by the Board are exempt from this policy.
The Superintendent, in conjunction with other administrators, may develop administrative regulations regarding this policy.
• Legal References: Improving America’s Schools Act of 1994, P.L. 103-382; 18 U.S.C. §921;Code of Iowa §§ 216.9, 279.8, 280.21, 280.21B, 282.3, 282.4, 282.5, 483A.27(11), 708.1, 724; 281 IAC 12.1; 281 IAC 12.3(6), 103; Davenport Municipal Code 2.58.125; and U.S. Code Annotate § 921 (defining weapons/firearms); Goss v. Lopez, 419 U.S. 565 (1975); Brands v. Sheldon Cmty. Sch. Dist., 671 F. Supp. 627 (N.D. Iowa 1987); Sims v. Colfax Cmty. Sch. Dist., 307 F. Supp. 485 (Iowa 1970); Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972); Bd. of Dirs. of Ind. School Dist. of Waterloo v. Green, 259 Iowa 1260, 147 N.W.2d 854 (1967); Ingraham v. Wright, 430 U.S. 651 (1977); Tinkham v. Kole, 252 Iowa 1303, 110 N.W.2d 258 (1961); Lai v. Erickson, PTPC Admin. Doc. 83-12 (1983); 1980 Op. Att’y Gen. 275.
• Cross References: Board Policy 501.15 Attendance Policy; 504.02 Personal Appearance of Students; 504.03 Search and Seizure; 504.04 Substance Abuse; 504.05 Expulsion; 504.10 Anti-Bullying/Anti-Harassment: Students; 504.08 Good Conduct Rule
• By action of the Board 1/11/60; Revised 9/21/70, 4/28/71, 5/73, 5/74, 11/8/76, 12/13/76, 8/21/78, 4/11/83, 11/10/86, 12/12/88, 7/17/89, 10/14/91, 6/14/93, 11/14/94, 2/13/95, 11/11/96, 03/17/03, 09/29/08, 4/12, 10/27/14, 10/12/15; Revised 8/28/17
- Reviewed by Legal Counsel August 2015, June 2017
504.02 STUDENTS Personal Appearance of Students The Board believes inappropriate student appearance causes material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees, and visitors. While the primary responsibility for appearance lies with the students and their parent/guardian, appearance disruptive to the education program will not be tolerated. When in the judgment of a principal a student’s appearance or mode of dress disrupts the educational process or constitutes a threat to health or safety, the student may be required to make modifications.Students are expected to adhere to standards of cleanliness and dress that are compatible with the requirements of a good learning environment. The Board expects students to be clean and well-groomed and wear clothes in good repair and appropriate for the time, place, and occasion.The following items are prohibited in school buildings:
- Any item of clothing or other apparel that disrupts the learning process;
- Clothing or other apparel that promotes or references illegal products or conduct (including those illegal to minors);
- Clothing or apparel that contains explicit violent content, obscene material, profanity, or suggestive sexual content;
- Clothing or apparel that is deemed obscene or profane; or.
- Clothing or apparel that constitutes a threat to health or safety.
It is the responsibility of the superintendent or superintendent’s designee, in conjunction with the principals, to develop administrative regulations regarding this policy so the standards will be consistent across the District.
- Legal Reference: Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).Bethal School District v. Fraser, 478 U.S. 675 (1986).Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969).Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).Torvik v. Decorah Community School, 453 F.2d 779 (8th Cir. 1972).Turley v. Adel Community School District, 322 F.Supp. 402 (S.D. Iowa 971).Sims v. Colfax Comm. School Dist., 307 F.Supp. 485 (Iowa 1970).Iowa Code § 279.8 (2013).
- Cross Reference: Board Policy #504.08 Code of Conduct; Administrative Regulation 504.02A
- By action of the Board: 11/8/76; Revised 4/11/83; Revised 4/29/96; Revised 6/26/00; Revised 4/11/05; Reviewed 4/12/10; Edited 4/05; 4/10 ; Reviewed 10/12/15; Revised and Reviewed by attorney 6/24/19.
Search and Seizure
District property is held in public trust by the Board. District authorities may, without a search warrant, search students, student lockers, personal effects including cell phones and/or other electronic communications on District provided equipment, desks, work areas, or student vehicles based on a reasonable and articulable suspicion that a District policy, rule, regulation, or law has been violated. The search shall be in a manner reasonable in scope to maintain order and discipline in the schools, promote the educational environment, and protect the safety and welfare of students, employees, and visitors to the District facilities.
School authorities may seize any illegal, unauthorized, or contraband materials discovered in the search. Items of contraband may include, but are not limited to
- nonprescription controlled substances,
- apparatus used for controlled substances,
- alcoholic beverages,
- nicotine delivery systems
- personalized vaporizers
- non-FDA approved products for smoking cessation
- stolen property Such items are not to be possessed by a student while they are on District property or on property within the jurisdiction of the District; while on school owned and/or operated school or chartered buses; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management, and welfare of the District. Possession of such items will be grounds for disciplinary action as specified in Policy 504.01 Discipline Policy. The Board believes that illegal, unauthorized, or contraband materials may cause material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees, or visitors on the District premises or property within the jurisdiction of the District.
Periodically a drug sniffing dog will be used to check lockers and parking lots as a regular part of the substance abuse prevention program.
It shall be the responsibility of the Superintendent, or superintendent’s designee, in conjunction with the principals, to develop administrative regulations regarding this policy.
Legal References: U.S. Const. amend. IV; New Jersey v. T.L.O., 469 U.S. 325 (1985). Cason v. Cook, 810 F.2d 188 (8th Cir. 1987), cert. den., 482; U.S. 930 (1987). Iowa Code ch. 808A (1995). Iowa Code ch. 808A (Supp. 1995). 281 I.A.C. 12.3 (8).
By action of the Board 10/13/96; Completely Revised 12/9/96; Revised 7/12/99; Revised 8/23/04; Revised 6/14/10
Edited 8/04; 6/10; Revised 10/27/14; Revised 2/13/17; Revised 5/22/17
No student is allowed to have an illegal substance in possession or have consumed any illegal substance on school grounds or off school grounds while the student is attending or participating in a school-sponsored activity. Any illegal substance found in the possession or control of a student shall be confiscated and turned over to the appropriate authority.
The Iowa Code Chapter 204 defines a dangerous drug as any alcoholic beverage or controlled substance (e.g. opiates, narcotics, hallucinogens, stimulants, cocaine, and depressants) which is illegal without a doctor’s prescription. The district has expanded our definition to include inhalants and tobacco products, electronic nicotine delivery systems, personalized vaporizers, and non FDA approved products for smoking cessation. This policy applies to “look alike” substances that appear to be an alcoholic beverage or a controlled substance.
TYPE OF VIOLATIONS
Having on one’s person/effects any substances or “look alikes” noted in Iowa Code 204 and identified in the District’s definition statement or having on one’s person/effects any substance-related paraphernalia while on school property or at school-sponsored activities is prohibited.
Consumption of substances noted in Iowa Code 204 and identified in the District’s definition statement on school property or at school-sponsored activities is prohibited. Arriving at school or at school-sponsored activities after having consumed substances noted in Iowa Code 204 and identified in the District’s definition statement on school property or at school-sponsored activities is prohibited.
The reproduction or creation of substances and related paraphernalia on school property or at school-sponsored activities is prohibited.
The delivery/transfer/sale of substances or paraphernalia on school property or at school-sponsored activities is prohibited.
- The District recognizes the responsibility to educate its staff and support personnel regarding the general signs and symptoms of substance use and abuse.
- The District recognizes the responsibility of staff and support personnel to refer students who are suspected of using a controlled substance to the designated authority.
In accordance with Iowa Code 256.11(5)(j) which states that health education shall teach awareness of the known effects of alcohol, tobacco, drugs, and poisons on the human body, the District supports comprehensive (K-12) substance abuse education.
The use or possession of tobacco, electronic nicotine delivery systems, personalized vaporizers, alcohol or any controlled substance, as defined in the Uniform Controlled Substances Act, by any student on school property or while attending a school function as a participating representative of the school is prohibited. Suspension/expulsion may occur.
PROCEDURES FOR ALL PERSONNEL
Procedures to be followed for students under the influence of alcohol, narcotics, or other dangerous drugs:
- If a student appears to be displaying unusual behavior in or out of the classroom due to the possibility of some dangerous or illegal substance, a staff member shall notify the administrator or designee who will determine the seriousness of the situation.
- Parents must be contacted as soon as possible. Parents or guardians shall be advised that the child is displaying unusual or dangerous behavior. The staff person shall describe the behavior but not attempt to diagnose the student’s condition.
- While waiting for parents or further medical aid, the student shall not be left alone but should be placed in a quiet situation, and remain under observation.
- If abuse is determined, the school administrator designee shall have a conference with the parents and the student to work out strategies for avoiding future occurrences.
- By action of the Board 9/19/88
- Revised 6/12/95; Revised 11/26/01; Revised 8/9/10; Edited 11/01; 8/10; Revised 10/27/14; Revised 6/24/19
An expulsion of a student is the removal of the student from the school environment, which includes, but is not limited to, classes and activities. Only the Board may expel a student.
Students may be expelled for violations of board policy, school rules, or the law. It is within the discretion of the Board to discipline a student by using an expulsion for a single offense or a series of offenses and depending on the nature of the offense, the circumstances surrounding the offense, and the age of the student.
It shall be within the discretion of the Superintendent to recommend to the Board the expulsion of a student for disciplinary purposes. Only the Board may take action to expel a student and to readmit the student. There will be conditions of readmission that the student must meet. The Board authorizes the Superintendent to recommend grounds for readmission.
When a student is expelled, the student may not:
a. Attend classes or be present on any District property except as provided under the terms of the expulsion;
b. Participate in extra-curricular activities; or
c. Attend student activities.
When a student is recommended for expulsion, the student shall be provided with timely written notice of the time, date, and place of the hearing, and the following:
1. Notice of the reasons for the proposed expulsion;
2. The names of witnesses who may testify and a summary of the facts to which each witness may testify (the names of students from whom oral or written statements were taken may be released at the discretion of the Superintendent);
3. A copy of all documents that may be introduced into evidence;
4. An opportunity to present a defense against the charges, to cross examine witnesses testifying at the hearing, and to provide oral testimony or written affidavits of witnesses on the student’s behalf;
5. The right to be represented by counsel at the student’s expense;
6. The right to a closed hearing, unless an open hearing is requested by the student;
7. Written notice of the decision and findings of the Board.
In addition to these procedures, a special education student must be provided with additional procedures. A determination should be made of whether the student is actually guilty of the misconduct. A staffing team should determine whether the student’s behavior is caused by the student’s disability and whether the conduct is the result of inappropriate placement. Discussions and conclusions of this meeting should be recorded.
If the special education student’s conduct is not caused by the disability, the student may be expelled or suspended for a long-term period following written notice to the parent and pursuant to the District’s expulsion hearing procedures. If the misconduct is caused by the disability and a change in placement is recommended, the change must be made pursuant to the placement procedures used by the District.
• Legal References: Goss v. Lopez, 419 U.S. 565 (1975); Wood v. Strickland, 420 U.S. 308 (1975); Southeast Warren Cmty. Sch. Dist. v. Dept. of Public Instruction, 285 N.W. 2d 173 (Iowa 1979); Iowa Code §§ 21.5; 282.3, .4, .5; 280.21B (2016); 281 I.A.C. 12.3(6) (2016)
• Cross Reference: Board Policy 504.01 Discipline Policy; Board Policy 504.08 Good Conduct Rule; Administrative Regulation 504.05A Procedures for Expulsion
• By action of the Board 3/12/90; Revised 1/13/97; Revised 7/14/03; Reviewed 8/9/10
• Edited 7/03; Reviewed 8/9/10
• Attorney reviewed and updated 10/16. Approved by board 10/10/16.
Parent’s and Student’s Rights
Please refer to Policy #503.06
- Cross Reference:
- By action of the Board 1/17/77; Revised 4/11/83; Revised 1/27/97; Revised 4/23/01; Revised 12/16/06; Combined and Revised 9/17/07; Deleted 6/14/10
- Edited 9/07; 6/10
Harassment: Students (Deleted 4/23/12 Combined with 504.10)
Good Conduct Rule
Students who wish to have the privilege of participating in any extracurricular activities must conduct themselves in accordance with board policy and must refrain from activities that are illegal, inappropriate, or unhealthy. Students who participate in extracurricular activities serve as ambassadors of the District throughout the calendar year, whether away from school or at school.
Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures. The Assistant Principal for Student Activities shall keep records of violations of the good conduct rule.
It is the responsibility of the Superintendent or superintendent’s designee to adopt rules and regulations for school activities. Students wanting to participate in school activities must meet the requirements set out by the District for participation in the activity.
- Cross Reference: Board Policy #504.01 Discipline Policy
- By action of the Board 4/27/98; Revised 8/12/02; Revised 6/14/10
- Edited 8/02; 6/10; 10/12/15
Cell Phones and Electronic Devices
The use of Cell Phones and other Electronic Devices during the curricular day is a privilege, not a right. The Board wants to ensure that cell phones or other electronic devices do not interfere with classroom instruction or cause problems for students or staff while on District property. The following stipulations are established by the Board to preserve the integrity of the learning environment:
- During classroom instruction, teachers may allow students to use electronic devices for instructional purposes;
- High School students, only, are allowed to use cell phones or electronic devices during their designated lunch period;
- High School students, only, are allowed to use cell phones or electronic devices during passing time;
- Any other use of cell phones or electronic devices is prohibited during the curricular day; curricular day being defined as morning bell to dismissal bell;
- Under no circumstances are electronic devices to be used to take photos or audio/video recordings of students in locker rooms, restrooms, or other private situations at school or at District sponsored activities.
Under special circumstances, students may need access to their cell phones. Should this occur, the student may request written permission of the principal or principal’s designee to have access to their cell phone.
- Old version adopted 4/11/05; By Action of the Board: Adopted 4/14/14.
- Revised 10/26/09; Revised 6/24/19
- Cross References: Board Policy #504.01 Discipline Policy; Administrative Regulation 504.09A
Anti-Bullying/Anti-Harassment Policy: Students
It is the policy of the District to maintain an educational environment free from discrimination, bullying, and harassment. The District is committed to providing its students with a safe and civil school environment in which all members of the school community are treated with dignity and respect. To that end, the District has in place policies, procedures, and practices prohibiting discrimination and designed to reduce and eliminate bullying and harassment, as well as processes and procedures to address allegations of discrimination, bullying, and/or harassment.
Policy of Nondiscrimination. No student in the Davenport Community School District shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination in District programs on the basis of race, color, creed, ancestry, national origin, religion, marital status, sex, sexual orientation, gender identity, disability, parental/familial status, socioeconomic status, or any other trait or characteristic protected by law. The policy of the district shall be to provide educational programs and opportunities for students as needed on the basis of individual needs, interests, abilities, and potential.
Harassment and Bullying Prohibited. Harassment and bullying of students is against federal and state law and against District policy. The District prohibits harassment, bullying, hazing, or any other victimization of students based on the student’s actual or perceived traits or characteristics, including: age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, familial status, or any other trait or characteristic protected by law.
This policy applies to bullying or harassment of students by other students, school employees, parents/guardians, or volunteers. This policy also governs vendors or any others having business or contact with District students.
This policy is in effect while students are on property within the jurisdiction of the District; while on school-owned or school-operated vehicles; while attending or engaged in school-sponsored activities; and while away from school grounds if the misconduct directly affects the good order, efficient management, and welfare of the school or school district.
Harassment and Bullying Defined. Harassment and bullying mean any electronic (such as emails or text messages), written, or verbal communication or physical act or conduct toward a student that is based on an actual or perceived trait or characteristic noted above that creates an objectively hostile school environment that meets one or more of the following conditions: (1) substantially interferes with or limits a student’s ability to participate in or benefit from the school’s services, activities, or privileges; (2) places the student in reasonable fear of harm to the student’s person or property; (3) has a substantially detrimental effect on the student’s physical or mental health; and/or (4) has the effect of substantially interfering with a student’s academic performance.
Bullying is unwanted, aggressive behavior among school aged children that involves a real or perceived power imbalance, and is repeated (or has the potential to be repeated) over time. In order to be considered bullying, the behavior must be aggressive and include: (1) an imbalance of power (such as physical strength, access to embarrassing information, or popularity), which is used to control or harm others; and (2) bullying behaviors happen more than once or have the potential to happen more than once. Bullying includes actions such as making threats, spreading rumors, attacking someone physically or verbally, and excluding someone from a group on purpose. Conflict is not bullying; it is not bullying when two or more students with no perceived power imbalance, fight, have an argument, or disagree.
In determining if harassment or bullying has occurred, the District uses a preponderance of the evidence standard (i.e., it is more likely than not that harassment or bullying occurred).
“Electronic” means any communication involving the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, electronic text messaging, or similar technologies.
Harassment and bullying may include, but are not limited to, the following behaviors and circumstances:
- A student making remarks of a demeaning nature to a fellow student;
- A staff member’s implied or explicit threats concerning a student’s person, property, grades, participation, achievements, etc.;
- A staff member or student’s demeaning jokes, stories, or activities directed at the student;
- A student engaging in name-calling or derogatory slurs directed at another student, or wearing or possessing items depicting or implying hatred or prejudice of one of the protected classes noted above;
- A student making remarks of a demeaning nature to a staff member;
- A staff member requiring explicitly or implicitly that a student submit to harassment or bullying as a term or condition of the student’s participation in any educational program or activity; or
- A staff member requiring submission to or rejection of such conduct as a basis for decisions affecting the student.
Racial Harassment Defined. By way of example of how the above applies to a specific protected trait, the District provides the following guidance regarding prohibited bullying and harassment based on race.
Racial harassment consists of electronic, written, or verbal communication or physical act or conduct toward a student that is based on that student’s race. The harassing conduct creates a hostile school environment when the conduct is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the school’s program.
Examples of conduct that may constitute harassment based on race include: graffiti containing racially offensive language; name-calling, jokes or rumors based on race; threatening or intimidating conduct directed at another because of the other’s race; notes or cartoons; racial slurs, negative stereotypes and hostile acts based on another’s race; written or graphic material containing racial comments or stereotypes that are posted or circulated and are aimed at degrading individuals based on race; a physical act or aggression or assault on another because of, or in a manner reasonably related to, race; and other kinds of aggressive conduct such as theft or damage to property that is motivated by race. These examples may involve student to student; staff to student; or volunteer to student conduct. This conduct may also constitute harassment when based on any other protected status noted above.
Sexual Harassment Defined. Sexual harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual acts or favors, and other verbal, nonverbal, or physical conduct of a sexual nature. The harassing conduct creates a hostile school environment when the conduct is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the school’s program.
Sexual harassment may include, but is not limited to the following:
- Sexual assault;
- A staff member requiring a student to submit to sexual harassment as a term or condition of the student’s education or benefits;
- A student’s submission to or rejection of the conduct is used as the basis for a staff member’s academic decisions affecting the student;
- Requests or pressure for sexual activity;
- Unwelcome touching or sexual advances; or
- Other verbal or physical conduct of a sexual nature, such as inappropriate jokes or pictures, teasing related to sexual characteristics, unwanted discussions of sexual activities, or repeated remarks to a person with sexual or demeaning implications.
Sexual harassment may be perpetrated against a student by a staff member, a volunteer, or by another student.
Harassment may also be based on sex without being of a sexual nature as described above. For example, a student may be teased or subject to inappropriate treatment based on that student’s sex; subject to inappropriate use of sexist language; stereotyped; or assumptions may be made about the student because of their sex.
Reporting Instances of Bullying or Harassment, including Sexual Harassment. Students who believe they are being bullied or harassed by other students, employees, parents/guardians, or volunteers or who have witnessed bullying or harassment are strongly encouraged to report the conduct immediately to the Building Principal, Associate Building Principal, Jami Weinzierl, Director of Human Resources & Equity, 1702 N. Main Street, Davenport, Iowa 52803, 563-336-7487, firstname.lastname@example.org or Jabari Woods, Associate Director of Equity, 1702 N. Main Street, 563-336-7496, email@example.com. The Director of Human Resources & Equity is the District’s designated Title IX Coordinator.
Any employee who observes bullying or harassing behavior or receives notice that a student may have been the subject of bullying or harassing behavior shall immediately report the incident to his or her Building Principal. Any employee who is aware of possible bullying or harassing behavior, either through observation or notice by a student, and fails to report it as required by this policy, may be subject to discipline up to and including termination.
Upon receipt of a report or complaint alleging bullying or harassment, the Building Principal or Associate Building Principal shall immediately notify the Director of Human Resources & Equity.
The complainant may be requested to complete a written Incident Report Form and to turn over copies of evidence of harassment or bullying including but not limited to letters, emails, and pictures. An Incident Report Form may be obtained on the District’s website (http://www.davenportschools.org/administrative-rules-and-regulations-504-10b/). Incident Report Forms are also available at the school buildings or from the Achievement Service Center Human Resources & Equity Department. The complainant and the accused’s confidentiality will be respected to the extent possible but confidentiality cannot be guaranteed given the necessity of the District to investigate the allegations of misconduct and to take corrective action when the alleged conduct has occurred.
Investigation and Report. The Director of Human Resources & Equity or his or her designee will investigate any and all complaints of bullying or harassment. The investigation of the complaint will be undertaken promptly. Both the complainant and accused will be given an opportunity to provide a statement. The investigator will also interview others who may have knowledge of the alleged incident or the circumstances giving rise to the complaint and evaluate any information or documents relevant to the complaint. This information may include emails, texts, videotapes, or any other physical evidence.
District employees, students, parents/guardians, and volunteers shall fully and fairly cooperate in the investigation. The District will take action to stop the harassment/bullying, remedy the harassment/bullying, prevent recurrence, and take immediate interim measures to protect the complainant, if necessary.
Individuals who knowingly file false harassment or bullying complaints and any person who knowingly gives false statements in an investigation shall be subject to discipline by appropriate measures, up to and including suspension, expulsion, exclusion, or termination. The District will not discipline an individual who makes a complaint that is determined to be unfounded or inconclusive as long as the complaint was made in good faith.
Unless extenuating circumstances prevent otherwise, the investigation shall be completed no later than ten (10) school days from the receipt of the complaint. Within twenty (20) school days of completing the investigation, unless extenuating circumstances prevent otherwise, the Director of Human Resources & Equity or his or her designee shall draft a written report. The report shall include a determination of whether the allegation has been substantiated as factual and whether there is a violation of this policy. Extenuating circumstances in this paragraph include, but are not limited to, the unavailability of witnesses (including the complainant or accused) within the time frames provided or the scope and/or severity of the complaint requires additional time for investigation. If extenuating circumstances exist, the time frames for conducting an investigation and/or drafting a written report will be extended. The extension, however, will not exceed thirty (30) school days for the investigation and/or forty (40) school days to draft a written report.
The investigator will consider the totality of circumstances presented in determining whether conduct constitutes harassment or bullying. The investigator will examine the context, nature, scope, frequency, duration, history, and location of incidents, as well as the identity, number, and relationships of the persons involved. In regard to complaints regarding a hostile environment, the investigator will determine if the alleged harassment is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the school’s program.
In determining if harassment or bullying has occurred, the District uses a preponderance of the evidence standard (i.e., it is more likely than not that harassment or bullying occurred).
A summary of the report, including a finding that the complaint was founded, unfounded, or inconclusive will be forwarded to the complainant and accused’s parent or guardian or directly to the complainant (if age 18 or older) and/or accused (if age 18 or older). Such summary of the report will be provided no later than twenty (20) school days following the completion of the investigation unless extenuating circumstances prevent otherwise, in which case, a summary of the report will be provided no later than forty (40) school days following the completion of the investigation.
If the complaint involves the Director of Human Resources & Equity the investigation and report will be completed by an Associate Superintendent.
Appeal. The complainant and/or the accused have the right to appeal the finding of the Director of Human Resources & Equity and/or his or her designee. An appeal must be in writing and provided to the Director of Human Resources & Equity within five (5) school days of the date of the summary report.
Upon appeal, if the investigation was conducted by a designee of the Director of Human Resources & Equity, the Director of Human Resources & Equity will review the written report and the investigative notes and determine if the finding is appropriate. The Director of Human Resources & Equity may also interview those individuals involved or conduct further investigation. Within twenty (20) school days of receiving the appeal, the Director of Human Resources & Equity will issue his or her determination regarding whether he or she upholds the report of the designee and/or if the complaint was founded, unfounded, or inconclusive.
If the investigation was conducted by the Director of Human Resources & Equity, the same appeal process noted above applies; however, the review and any further investigation will be conducted by an Associate Superintendent.
In order to further appeal the decision of the Director of Human Resources & Equity or the Associate Superintendent, an appeal must be in writing and provided to the Director of Human Resources & Equity within five (5) school days of the date of the determination of the first appeal.
The levels of appeal are as follows:
If the investigation was conducted by a designee of the Director of Human Resources & Equity, appeal is to the Director of Human Resources & Equity, then to an Associate Superintendent, then to the Superintendent.
If the investigation was conducted by the Director of Human Resources & Equity, appeal is to an Associate Superintendent, then to the Superintendent.
The Superintendent’s determination will be the final determination of the matter.
Record Maintenance. The Director of Human Resources & Equity shall be responsible for maintaining the written reports for at least five (5) years. If a report of bullying or harassment does not lead to a formal complaint and/or investigation, the Director of Human Resources & Equity will maintain a database regarding the reports of bullying or harassment he or she receives. To the extent the information is available, such database will include the date the report was received, the nature of the complaint, characteristics of the victim (age, sex, race, etc.), characteristics of the alleged bullier/harasser (age, sex, race, etc.), and the reason a formal complaint was not made and/or investigation was not undertaken. Information regarding a report will be purged after five (5) years.
Corrective Action. Acts of harassment or bullying may be grounds for discipline. Upon receipt of the report of the Director of Human Resources & Equity that a violation has occurred, the District will take prompt, appropriate formal or informal action to address, and where appropriate, remediate the violation. Discipline may include suspension, expulsion, or exclusion of a student, termination of an employee, and exclusion of a parent/guardian or volunteer from District activities or school premises. In addition, the District may take action other than discipline to halt harassment or bullying including counseling, training, teacher-parent conferences, transfer, remediation, or other appropriate corrective action. When taking corrective action, the District will attempt to minimize any burden on the victim.
No Retaliation. No person shall retaliate against any person because the person has filed a bullying or harassment complaint, assisted or participated in an investigation, or opposed conduct that violates this policy. Any student found to have retaliated in violation of this policy shall be subject to measures up to and including suspension, exclusion, or expulsion. Any school employee found to have retaliated in violation of this policy shall be subject to measures up to and including termination of employment. Any school volunteer or parent/guardian found to have retaliated in violation of this policy shall be subject to measures up to and including exclusion from school grounds.
Annual Assessment. The District may undertake an annual assessment of the effectiveness of its anti-bullying/anti-harassment efforts. This assessment may include a review of policies, procedures, training, and any reports of bullying/harassment made during the previous year, including the determination and resolution of such reports. The Director of Human Resources & Equity will conduct the assessment and evaluate the effectiveness of the District’s anti-bullying/anti-harassment efforts. If appropriate, the Director of Human Resources & Equity will propose revisions. The assessment and evaluation shall be documented in a written report, which the Director of Human Resources & Equity will maintain for seven years.
Notification. The District will annually publish this policy. Publication may occur by inclusion in handbooks, including those for students, employees, and volunteers; inclusion in registration materials; and/or inclusion on the school or District’s website. A copy of this policy is available at the central administrative office at 1702 N. Main Street, Davenport, Iowa 52803.
- Cross Reference: Board Policy 401.42 Harassment: Personnel; 401.46 Student Abuse by Employees (includes reference to level I & II); Administrative Regulation 504.10A, 504.10B, 504.10C
- Legal References: 20 U.S.C. §§ 1221-1234i (2004); 29 U.S.C. § 794 (1994); 42 U.S.C. §§ 2000d-2000d-7 (2004); 42 U.S.C. §§ 12001 et.seq. (2004); Senate File 61, 1st Regular Session, 82nd General Assembly (2007); Iowa Code §§ 280.12; 280.28; 216.9; 280.3; 216.9 (2007); 281 I.A.C. 12.3(6); OCR’s Dear Colleague Letter of April 4, 2011.
- Adopted by the Board: Adoption 10/10/05; Revised 10/08/07; Revised 09/29/08
- Edited: 09/08; Revised 4/12; Revised 7/16/13; Revised and Reviewed by Attorney 7/22/19.