CRITERIA

Discipline Information Level IV Offenses

Level IV B – Arson

        For students who commit arson:

·                 He/she must be referred to the Orange/Osceola Juvenile Firesetters Intervention Network

·                 Other disciplinary consequences for Level IV offenses under the Code of Conduct will also be recommended. 

Level IV C – Assault

        There must be:

·       Threat by word or action

·       Ability to carry out the threat

·       Fear that violence is imminent

Level IV D – Battery

        A student will be recommended for expulsion for battery when:

·       A student is seriously injured in an unprovoked attack.

·       An OCPS employee or volunteer is touched or struck, against his/her will.

·       Any actual or intentional act will be considered for expulsion.

·       An OCPS employee struck unintentionally by students during a student fight or other altercation may be recommended for expulsion, depending on the circumstances.

·       Intentional and/or unprovoked battery on a school system employee (including the DARE/SRO) will be considered grounds for possible full exclusion from OCPS for the remainder of the 2001/2002 school year, summer school and the entire 2002/2003 school year, including summer school.

Level IV E – Bomb Threats/Explosions

      Any communication that has the effect of threatening an explosion will be taken seriously.

·       Generally, bomb threat offenses will result in a recommendation for removal from the regular school.  Factors to be considered include evidence of:

-        Concerted effort to disrupt the school

-        Frequency of the threat

-        Impact of the behavior

Level IV A – Alcohol

Level IV F – Drug

      When processing a student for an alcohol or drug offense, remember:

·       Placement in the Back on Track Counseling Program is for the first time offenders.

·       Any verified second drug or alcohol offense will result in a placement outside the regular school, usually EXCEL or Silver Star Center.

·       Students who transmit illegal or illicit drugs or alcohol will generally not be eligible for the Back on Track Program, even for a first time offense.

·       Passing a drug or alcohol back and forth between students is not necessarily transmission.

·       Possession of a large quantity of any illegal or illicit drugs by a first time offender may be grounds for an expulsion with a placement outside the regular school or for a total exclusion expulsion.

·       Possession of felony drugs, especially in large quantities, may be grounds for an expulsion with a placement outside the regular school or for a total exclusion expulsion.

·       Selling of any illegal illicit drug by a regular education student will be grounds for a full exclusion expulsion.

·       Other unusual drug cases will be evaluated on an individual basis. 

Level IV I – Inciting, Leading or Participating in a Major Campus Disruption

A recommendation for expulsion should be the result of a discipline incident only when there is a documented major disruption.  Therefore, remember:

·       A two-on-one fight situation is not necessarily a major campus disruption.  Documentation of the disruption should involve looking at:

­        the number of participants involved,

­        the amount of time taken to quell the disruption,

­        the number of by-standers or spectators,

­        the potential for injury to bystanders, students or staff,

­        the number of staff needed to quell the disruption, and

­        if the incident was gang related.

·       To document a gang related incident, credible documentation is needed, beyond the statements of students, that the accused is/are in a gang and that the gang involvement contributed to the campus disruption.  The SRO or DARE Officer may be instrumental in obtaining information for you.

·       Before a recommendation for expulsion based on a false accusation made by a student that jeopardized the professional reputation, employment or professional certification of a district employee can be processed, there must first be an investigation by Employee Relations.  The accusation must be found to be untrue and there must be some indication that there was intent to present false information. 

Level IV H – Firearms

            Threats to use a firearm within the jurisdiction of OCPS will be taken seriously.  Therefore:

·       All schools should report all threats to the Learning Community office.  Most will be processed as Level IV R, Other.  This should include elementary students.

·       BB guns are not considered firearms.  They are processed under Level IV K, Other Weapons. 

·       For students expelled for possession of a firearm, there is a mandatory full exclusion from OCPS for one (1) year. 

Level IV L - Repeated Misconduct

In order to recommend a student for expulsion for repeated misconduct, the following documentation must be present:

·       At least three suspensions for Level Ill or Level IV infractions where the offenses were serious disruptions to the orderly functioning of the school or created threats to the health, safety and/or property of the student or others.  These should be referrals for offenses other than absences and tardiness.

·       Documentation of behavioral interventions beyond suspensions (documented on the Discipline Record/Behavioral Intervention Form).

·       Copies of all suspension letters, referral forms and contracts.

·        A behavior contract with documentation that the student and parent have been informed that another serious act of misconduct may result in an expulsion recommendation.

Level IV O – Sexual Harassment

Sexual harassment cases should be carefully documented:

·       When the case involves students harassing other students, in general, there should be written documentation of a warning by a teacher or administrator that continued harassment will result in a recommendation for expulsion.

·       Unique situations must be considered for case by case disposition.

·       Cases of student harassment of OCPS employees must be evaluated on an individual basis, but generally will result in a recommendation for expulsion for the first offense.

Level IV P – Sexual Offense

Generally, when considering a recommendation for expulsion for a sexual offense:

·       Credible witness statements must document a sexual offense.

·       Consensual sexual acts will be processed in the same manner as other sexual offenses and the transferring of students from one regular school to another will not be considered in these cases.

·       Most inappropriate student sexual behavior resulting in a recommendation for expulsion will be processed under this category.

Level IV Q – Violation of Early Reentry Plan/Probation

Violation of early reentry plan/probation contract should be considered as a basis for an expulsion request under the following circumstances:

·       The violation refers to early reentry from total exclusion expulsions only.

·       There is an expectation that the early reentry will be through an alternative placement.

·       The student cannot enroll until the day after school board action.

·       The student will remain on probation for the duration of his/her original expulsion request.

Level IV R – Other

A recommendation or expulsion under this category should be considered when a student's behavior does not meet the criteria for another Level IV offense and the behavior:

·       significantly harms the student or another person,

·       poses a realistic threat of harm to the student or another person,

·       is clearly unacceptable and/or intolerable student conduct in the school community.

EXPULSION LENGTHS

All items on a matrix for a particular school board should be for the same length of time unless otherwise approved by an area superintendent. 

The following general guidelines will be used during the 2001/2002 school year to determine the length of expulsions for regular education, secondary students. 

MATRIX TIMELINES

FULL EXCLUSION TIMELINES

Go back to Faculty and Staff

Go back to site map