3. Rules of Student Conduct. Grounds for Suspension and/or Expulsion.

a. JURISDICTION: These grounds for suspension or expulsion listed in Section 3. b. apply when a student is:

(1) on school grounds immediately before, during or immediately after school hours and at any other time when the school is being used by a school group;

(2) off school grounds at a school activity, function, or event; or

(3) traveling to or from school or a school activity, function, event or during the lunch period.

While students may not be under the direct supervision of school officials during these periods, each student shall observe the rules of conduct set forth above and shall be subject to the prescribed punishment for such violations.

b. The following are grounds for student suspension or expulsion, subject to the procedural requirements of I.C. 20-8.1-5.1 et seq. and as stated by school corporation policy:

(1) Student misconduct.

(2) Substantial disobedience.

The following specific acts set forth below are examples of student misconduct and/or substantial disobedience. These acts are prohibited and offenders will be subject to suspension and/or expulsion for such misconduct or substantial disobedience:

(1) Using violence, force, noise, coercion, threat, intimidation, fear, passive resistance, or other comparable conduct constituting an interference with school purposes, urging other students to engage in such conduct, or possessing any firearm, explosive, or other weapon. The following enumeration is illustrative of the type of conduct prohibited by this subdivision:

(a) Occupying any school building, school grounds, or part thereof with intent to deprive others of its use.

(b) Blocking the entrance or exits of any school building or corridor or room therein with intent to deprive others of lawful access to or from, or use of the building, corridor, or room.

(c) Setting, or attempting to set fire to, any school building or property.

(d) Prevention of or attempting to prevent by physical act the convening or continued functioning of any school or educational function, or of any lawful meeting or assembly on school property.

(e) Continuously and intentionally making noise or acting in any manner so as to interfere seriously with the ability of any teacher or any of the other school personnel to conduct the educational function under his supervision.

This subsection shall not, however, be construed to make any particular student conduct a ground for expulsion where such conduct is constitutionally protected as an exercise of free speech or assembly or other right under the Constitution of Indiana or the United States.

2. Trespassing, vandalizing school property, causing or attempting to cause substantial damage to school property, stealing or attempting to steal school property of substantial value, or repeatedly damaging or stealing school property.

3. Causing or attempting to cause substantial damage to valuable private property; stealing or attempting to steal valuable private property or repeatedly damaging or stealing private property.

4. Intentionally causing or attempting to cause physical injury or intentionally behaving in such a way as could reasonably cause physical injury to any person. It is the School Board's position that students must learn to deal with conflict in a mature manner. This includes learning alternative responses to physical confrontation.

5. Self-defense or reasonable action undertaken on the reasonable belief that it was necessary to protect some other person does not, however, constitute a violation of this provision.

(a) For the purpose of this policy and code, "reasonable action" shall mean the course of action which:

(1) Utilizes physical force only when non-physical alternatives (e.g. retreat, or notification supervisory personnel) are not available; or

(2) Does not constitute the initiation of a physical confrontation.

(3) Does not utilize excessive force.

(b) For the purpose of this policy and code, "reasonable belief" shall be:

(1) Belief that no non-physical alternatives were available;

(2) In response to unanticipated use of physical force.

6. Threatening or intimidating any student for the purpose of, with the intent of, obtaining money or anything of value from the student.

7. Knowingly possessing, handling, using, or transmitting a knife or any other object that can reasonably be considered a weapon.

A student who must use a knife as part of an organized activity held by an organization that has been approved by the principal of the school is exempt from application of Section 6 so long as the knife is used as a part of or in accordance with the approved organized activity.

8. (a) Knowingly possessing, using, consuming, transmitting, selling or being under the influence of any narcotic drug, prescriptive drug for which the person in possession has no prescription, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, or intoxicant of any kind. Proper use of a drug authorized by a medical prescription from a physician is not a violation of this subdivision.

8. (b) Engaging in the unlawful selling of a controlled substance or engaging in a criminal law violation that constitutes a danger to other students or constitutes an interference with school purposes or an educational function.

9. Failing in a substantial number of instances to comply with directions of teachers or other school personnel during any period of time when the student is properly under their supervision.

10. Engaging in any activity forbidden by the laws of Indiana that constitutes an interference with school purposes or an educational function.

11. Being willfully absent or truant from school in accordance with building policy.

12. (a) Engaging in conduct or in speech that threatens, intimidates or coerces a teacher, administrator, supervisory employee, or adult volunteer who is in the performance of his/her duties or at a school function.

12. (b) Engaging in the use of profane, obscene or defamatory language directed at a teacher, administrator, supervisory employee, or adult volunteer while such person is on duty or at a school event.

12. (c) Engaging in sexual misconduct in any form whether by word or action inclusive of sexual harassment.

12. (d) Engaging in speech or conduct, including clothing, jewelry or hair style, which is profane, indecent, lewd, vulgar, or offensive to school purposes; wearing any type of apparel or grooming style that interferes with the educational process, creates an actual or potential health or safety hazard, or causes, or threatens to cause damage to school property.

13. Violating or repeatedly violating any rules that are reasonably necessary in carrying out school purposes or an educational function and are validly adopted.

14. Knowingly possessing or using on school grounds during school hours an electronic paging device or a handheld portable telephone in a situation not related to a school purpose or an educational function."

c. 1. Expulsion for firearms. Under IC 20-8.1-5.1-10(c), a student who is:

(a) identified as bringing a firearm to school or on school property; or

(b) in possession of a firearm on school property;

Notwithstanding other limitations, on suspension and expulsion in this policy, must be expelled for a period of one (1) calendar year, with the return of the student to be at the beginning of the first school semester after the end of the one (1) year period. The Superintendent will notify the prosecuting attorney of the offense. The superintendent may on a case by case basis, modify the period of expulsion under this policy.

2. Expulsion for deadly weapon. Under I.C. 20-8.1-5.1-10(e), a student who is:

(a) identified as bringing a deadly weapon to school or on school property; or

(b) in possession of a deadly weapon on school property;

may be expelled for a period of not more than one (1) calendar year. A firearm is not considered a deadly weapon for this purpose.
 3. A student with disabilities (as defined in I.C. 20-1-6.1-7) who possesses a firearm is subject to procedural safeguards of 20 U.S.C. 1415.

d. In addition to the grounds specified in Section 3. b. or c. of this policy, a student may be suspended or expelled for engaging in unlawful activity on or off school grounds if:

1. the unlawful activity may reasonably be considered to be an interference with school purposes or an educational function; or

2. including an unlawful activity during weekends, holidays, other school breaks, and the summer period when a student may not be attending classes or other school functions.

e. Good standing. A student in good standing has full rights with respect to participation in activities of the school, both academic, co-curricular, and extra-curricular, subject to any restrictions which apply to all students. A student is not in good standing during the period of time they are under suspension or expulsion, regardless of whether they may be allowed to attend school. A student not in good standing may not participate in any school activity, inclusive of but not limited to contests, practices, ceremonies, dances, or trips, whether academic, co-curricular or extra-curricular, except as agreed to as part of an alternative educational program.

f. A student may be expelled from school if the student's legal settlement is not in the attendance area of the school corporation where the student is enrolled.

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