• San Marcos Unified School District

    Middle School Behavior Code

     

    A behavior code is provided because the students, the parents, and the staff expect and demand a respectful, safe, secure, and orderly campus.  These procedures comply with San Marcos Unified School District Policy, as well as state and federal laws, and are based on timely and consistent consequences for conduct which is disruptive to our campus.  This behavior code was developed by staff, students and parents. The San Marcos Unified School District desires to build responsibility, respect for others, respect for the school, and respect for self.

     

    DEFINITION OF SCHOOL CONSEQUENCES

    Detention

    A student may be held in a detention room or classroom before school, during lunch or after school.  A student receives a detention for choosing to violate school rules.  

    Alternative Learning Center (ALC)

    This consequence can be used in place of a one day suspension at home or for less severe infractions than an out of school suspension requires.  Students are removed from the regular classes and receive regularly scheduled assignments.  If a behavior problem occurs in ALC, a home suspension may result.

    Suspension/Expulsion

    Suspension or Expulsion will be imposed only when other means of correction fail to bring about proper conduct.  However, any student, including students with exceptional needs may be suspended—and possibly expelled—for any of the reasons specified in California Education Code sections 48900 and 48915(a), or if the school determines that the student’s presence causes a danger to persons or property or threatens to disrupt the instructional process.  A suspension removes a student from campus from one to five days, after which time the student may return.  Expulsion, by contrast, is a formal process that entails suspension and a hearing at the District Office to determine if a student will be dismissed from their current educational setting.  Students who have been expelled by the Governing Board may not attend any school or program operated by the San Marcos Unified School District until the Governing Board acts to lift the Expulsion. The duration of an Expulsion is the rest of the current semester and the following semester.

    Daily/Weekly Performance Agreements

    Any student who fails to comply with school and classroom expectations, after teacher and administrative interventions, may be placed on a Daily/Weekly Performance Agreement.   Criteria for placing students on performance agreements will be based upon the significance of the violations and/or the number of violations.  Any student receiving multiple referrals in a given year may be placed on a performance agreement.  Violation of the agreement may result in other consequences. 


    Suspensions

    When a student is suspended from school, he/she has violated CA Education Code 48900.  The following infraction descriptions are how the suspensions are decided.   All cases recommended for expulsion will be investigated and determined on specific facts.

     

    Ø  Behavior: FIGHTING (48900 Section A)

    Students are expected to seek non-violent and constructive solutions to conflict.

    Caused, attempted to cause, or threatened to cause physical injury to another person or aiding and abetting in commission of physical injury. Mutual combat fighting means two or more students are both actively involved or engaged in a fight.  For example, if an aggressor hits another student, and the “victim” strikes back and becomes engaged in a fight with the aggressor, this is considered mutual combat. Battery is when an aggressor strikes another student and the “victim” does not fight back or when a student willfully used force or violence upon the person.  If two students are actively engaged in a fight, but one stops fighting or is unable to fight back, and the second student continues to beat him/her, then this incident has turned into a battery.

    Consequences:  Students involved in fighting for the first time within a three-year period while enrolled in middle school may be suspended for a period of five days.  Additionally, students may be subject to arrest.  Mediation and anger management counseling may be required as a condition of returning to school.  Consequences for a second fighting offense while enrolled in middle school: The student may be referred to alternative education for the remainder of the semester of the occurrence plus an additional semester.   Students who commit an assault, battery or cause severe injury are subject to arrest and/or referral to the Governing Board for Expulsion.

     

    Ø  Behavior: DANGEROUS OBJECTS (48900 Section B)

    Students are expected to maintain a safe environment in the school free of weapons and/or dangerous objects. Possessed, sold or otherwise furnished any firearm, knife, explosive, or other dangerous object unless, in the case of possession of any such object of this type, the student had obtained written permission to possess the item from a certificated school employee, with concurrence by the Principal or the designee of the Principal.

    Definition:  Students may not possess any dangerous object, which constitutes a potential threat to the safety and security of the school.  Students are hereby informed not to bring any of the following items to campus or any school-related activity (to include but not limited to): gun, BB gun, cap gun, dart gun, pellet gun, spot marker gun, stun gun, model gun, toy gun, squirt gun, replica gun, “zip gun”, rifle, model rifle, pistol, revolver, taser, semi-automatic weapon, model semiautomatic weapon, toy semiautomatic weapon, knife, locking blade, switchblade knife, butterfly knife, pocket knife, Swiss Army knife, pen knife, key chain knife, kitchen knife, box knife, exacto-knife, dirk, dagger, ice pick, razor, blades, bombs, pipe bomb, ammunition, time bomb, containers of inflammable fluids, stink bombs that may cause allergic reactions, clubs, Billy-club, black jack, slingshot, nunchaku, sand club, sandbag, metal knuckles. Any metal plate with radiating points with one or more sharp edges, spike jewelry and apparel, safety pins as decoration or apparel, chains (including wallet chains), pepper spray or mace, anything that expels a projectile by force of air or explosion, fireworks or any incendiary devices, lighters, pressurized cartridges, laser pointers, using or flashing of laser pointers, and replica weapons.

    Consequences:  Consequences for students that bring dangerous objects to school will range from detention to a five day suspension from school. In addition, law enforcement may be contacted.  Mediation or counseling may also be required.

     

    Ø  Behavior: CONTROLLED SUBSTANCES (48900 Section C & D)

    Students are expected to be drug, alcohol and weapon free. Students may not possess, use, sell, be under the influence of, or furnish any amount of controlled substance, alcohol, or intoxicant of any kind.  These include, but are not limited to alcoholic beverages, narcotics, marijuana, methamphetamines, inhalants, hallucinogens, abused use of prescription drugs or over-the-counter medication including cough medicine.  All prescription and over-the-counter medication must remain in the possession of the school nurse.  In addition, students may not offer, arrange or negotiate to sell any of the above and then furnish a substitute item intended to represent the controlled substance, alcoholic beverage, or intoxicant.

    Consequences:  Students found in possession of, or use alcohol, marijuana, intoxicants or any controlled substance, while under the school’s jurisdiction may be suspended for up to five days.  Upon returning to school after the suspension, the student and parent/guardian may sign “A Return to School Drug/Alcohol Agreement” and the student may be placed in a school counseling group.  If the student has committed a previous alcohol, marijuana, intoxicant, or controlled substance infraction, or if the student commits another controlled substance infraction, he/she may be referred to the Governing Board for mandatory Expulsion. Students who are in possession of more than an ounce of marijuana may be suspended for up to five days and may be referred to the Governing Board for Expulsion on the first offense, and law enforcement may be contacted. False Representation: Students who provide other persons with an item intended to represent any alcohol, intoxicant, marijuana, or controlled substance product may receive the same consequences as someone who furnishes a controlled substance/intoxicant.

     

    Ø  Behavior: ROBBERY (48900 Section E)

    Students are expected to respect the property of others. Students may not commit or attempt to commit robbery or extortion. This includes the theft of any property not belonging to student or any attempt made to force or create fear in others while attempting to or stealing property belonging to someone else.

    Consequences:  The consequences for robbery or extortion may range from suspension to referral to the Governing Board for Expulsion.  The student and/or parent/guardian may be responsible for returning the stolen property or for full payment of the property.  In addition, law enforcement will be contacted.  Appropriate intervention counseling or campus projects may be part of this process.  Video surveillance may be used to protect some vulnerable or high-risk areas on campus.

     

    Ø  Behavior: DAMAGE TO PROPERTY (48900 Section F)

    Students are expected to respect the property of others.

    Consequences:  The consequences for attempting to cause or causing damage to other’s property will range from suspension to referral to the Governing Board for Expulsion.  The student and/or parent/guardian will be responsible for payment for the damage.  In addition, law enforcement may be contacted. Appropriate counseling or campus projects may be part of this process, as well as campus beautification. Video surveillance may be used to protect some vulnerable or high-risk areas.

     

     Ø  Behavior: THEFT (48900 Section G)

    Students are expected to respect the property of others.

    Consequences:  The consequences for theft may range from suspension and arrest to referral to the Governing Board for Expulsion. Theft of electronic devices may result in suspension and may result in arrest. The student and/or parent/guardian will be responsible for returning the stolen property or for full payment of the property.  In addition, law enforcement may be contacted.  Appropriate counseling or campus projects may be part of this process, as well as campus beautification.  Video surveillance may be used to protect some vulnerable or high-risk areas on campus.

     

    Ø  Behavior: TOBACCO (48900 Section H)  

    Students are expected to live healthy life-styles. Students may not possess or use tobacco, or any products containing tobacco or nicotine products, including, but are not limited to, cigarettes, cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel.

    Consequences:  Students found in possession or who use tobacco, or products containing tobacco or nicotine may receive the following consequences: First offense within a three-year period while enrolled at a SMUSD Middle School: the student may be suspended for a maximum of five days and/or referred to a school counseling program.  Consequences for a second offense: The student will be suspended for five days.  In addition, law enforcement will be contacted with any tobacco referral.

     

    Ø  Behavior: OBSCENITY, PROFANITY & VULGARITY (48900 Section I)

    Students are expected to treat all members of the school community with respect and to practice responsible and honest behavior.  Students may not engage in obscene acts or engage in habitual profanity or vulgarity, which includes: writing, speaking, gesturing or acting in contempt of sacred or holy things, or using foul or coarse language.

    Consequences:  The consequences for engaging in obscene acts or habitual profanity or vulgarity may range from Detention to referral to the Governing Board for Expulsion. Appropriate counseling or campus projects may be part of this process.

     

    Ø  Behavior: PARAPHERNALIA (48900 Section J)

    Students are expected to live healthy life-styles and to be drug, and alcohol free. Students may not possess, offer, arrange, or negotiate to sell any drug paraphernalia as defined in Section 11014.5 of the Health and Safety Code.  Examples of paraphernalia include, but are not limited to, pipes, bongs, roach clips, rolling papers, electronic vaping devices, and any other devices used in conjunction with illicit substances.

    Consequences: Students who possess, offer, arrange, or negotiate to sell drug paraphernalia will receive consequences ranging from a five day suspension to referral to the Governing Board for Expulsion.  A second offense may result in a referral to the Governing Board for Expulsion.  In addition, law enforcement may be contacted.  Appropriate counseling may be part of this process.

     

    Ø  Behavior:  DEFIANCE AND DISRUPTION (48900 Section K)

    Students are expected to follow all school rules and respect the authority and direction of school staff; to behave in a safe and orderly manner; to maintain a safe environment in the school; and to treat all members of the school community with respect. Students may not be defiant, disruptive, disrespectful, or deceptive (refuse to provide name or ID card).  These behaviors negatively impact the orderly operations of classroom or general educational environment of the school. 

    Consequences:  Students who defy the directions of a school employee or disrupt the orderly operation of any school related activity may receive consequences ranging from ALC through referral to the Governing Board for Expulsion.  In addition, students who run from or attempt to evade a school official may be referred to alternative education on the first offense.  In addition, law enforcement may be contacted.  Appropriate counseling may be part of this process.

     

    Ø  Behavior: RECEIVING STOLEN PROPERTY (48900 Section L)

    Students are expected to respect the property of others.

    Consequences:  Possession or receipt of stolen property is considered a felony.  Students who knowingly receive stolen property may be suspended and may be referred to the Governing Board for Expulsion.  In addition, law enforcement may be contacted.  Appropriate counseling may be part of this process.

     

     

    Ø  Behavior: POSSESSED AN IMITATION FIREARM (48900 Section M)

    Students are expected to maintain a safe environment in the school and to be weapon free. As used in this section, “imitation firearm” means a replica of a firearm that is substantially similar in physical properties to an existing firearm and leads a reasonable person to conclude that the replica is a firearm.  This includes pellet guns, BB guns, and other “toy” guns which may be mistaken for a real firearm.  Also this includes replica ammunition that could be mistaken for actual ammunition.

    Consequences:  Consequences will range from detention to suspension. In addition, law enforcement may be contacted.  Appropriate counseling may be part of this process.

     

    Ø  Behavior: COMMIT OR ATTEMPT TO COMMIT SEXUAL ASSAULT OR SEXUAL BATTERY (48900 Section N)

    Students are expected to treat all members of the school community with respect. As used in this section, sexual assault includes any sexual acts performed against the victim’s will by means of force, violence, threats, or duress, or fear of immediate and unlawful bodily injury on the victim.  As used in this section, sexual battery means intentionally touching the breasts, buttocks, or groin area of another person without his/her consent.

    Consequences:  Students may receive suspension and referral to the Governing Board for Expulsion on the first offense.  In addition, law enforcement may be contacted. This is a mandatory Expulsion (Education Code 48915 c).

     

    Ø  Behavior: HARASSED, THREATENED, OR INTIMIDATED A PUPIL WHO IS A WITNESS (48900 Section O) Students are expected to treat all members of the school community with respect.

    Harassed, threatened, or intimidated a pupil who is a complaining witness or witness in a school disciplinary proceeding for the purpose of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.

    Consequences:  Consequences will range from suspension to possible referral to the Governing Board for Expulsion.  In addition, law enforcement may be contacted.  Appropriate counseling may be part of this process.

     

    Ø  Behavior: FURNISHING OR SELLING SOMA (48900 Section P)

    Students are expected to live healthy life-styles and to be drug and alcohol free. Students may not unlawfully offer, arrange to sell, negotiate to sell, or sell the prescription drug Soma.

    Consequences:  Students who unlawfully offer, arrange to sell, negotiate to sell, or sell the prescription drug Soma may receive consequences ranging from suspension to referral to the Governing Board for Expulsion.  In addition, law enforcement may be contacted.  Appropriate counseling may be part of this process.

     

    Ø  Behavior: HAZING (48900 Section Q)

    Students are expected to treat all members of the school community with respect. Students may not engage in, or attempt to engage in hazing.

    Consequences:  The consequences for engaging in hazing may range from Thursday PM/Saturday School to referral to the Governing Board for Expulsion.  In addition, law enforcement may be contacted.  Appropriate counseling may be part of this process.

     

    Ø  Behavior: SEXUAL HARASSMENT (48900.2)

    Students are expected to treat all members of the school community with respect. Students may not engage in conduct constituting sexual harassment such as, but not limited to, unwelcomed sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, including harassment for sexual orientation or gender identity severe enough to have a negative impact upon another student’s academic performance or to create an intimidating, hostile or offensive educational environment.  Any student wishing to make a complaint of sexual harassment should immediately report it to an Assistant Principal or a Counselor.  Complaints must be initiated no later than six months from the date of the initial problem. 

    Consequences:  The consequences for sexual harassment may range from a warning through referral to the Governing Board for Expulsion. In addition, law enforcement may be contacted.  Appropriate counseling may be part of this process.  A student’s class schedule may be changed to limit contact with the student being harassed. 

     

    Ø  Behavior: HATE VIOLENCE (48900.3)

    Students may not cause, attempt to cause, threaten to cause, or participate in an act of hate violence as defined in Ed Code 33032.5.  This includes, but is not limited to, any verbal, visual, or physical injuring or intimidating behavior associated with anger towards other persons based upon race, color, ancestry, national origin, disability, gender, sexual orientation or gender identity, or religious preference.  This includes racial, ethnic, sexual orientation, and religious slurs.

    Consequences:  The consequences for hate violence will range from ALC through referral to the Governing Board for Expulsion. In addition, law enforcement may be contacted.  Appropriate counseling may be part of this process.

     

    Ø  Behavior: HARASSMENT, THREATS, INTIMIDATION & BULLYING (48900.4)

    Students are not to ridicule, harass, humiliate, or intimidate another student or district personnel while on school grounds, at a school sponsored activity, while traveling to and from school, on a school bus, or during any activity related to school attendance. A behavior that is unwanted or unwelcomed or is repeated over time and constitutes sexual harassment, hate violence, or creates an intimidating or hostile educational environment falls under the category of bullying.

    Consequences:  Detention to possible referral to the Governing Board for Expulsion on the first offense may occur. In addition, law enforcement may be contacted. Students are expected to treat all members of the school community with respect. Students may not intentionally engage in bullying behavior such as harassment, threats, or intimidation directed against any other student(s), that is severe enough to disrupt class work, create disorder, and invade the rights of the other student(s) by creating an intimidating or hostile educational environment.  This includes verbal, non-verbal, and physical acts.   Some of these activities would include symbols that are considered to be gang, hate, racially motivated, or sexual orientation slurs.

    Consequences:  The consequences for harassing, threatening or intimidating behavior may range from suspension through referral to the Governing Board for Expulsion. In addition, law enforcement may be contacted.  Appropriate counseling may be part of this process.

     

    Ø  Behavior: TERRORIST THREATS (48900.7)

    Students are expected to treat all members of the school community with respect. Students may not make terrorist threats against school officials and/or property as defined in AB 307, Chapter 405. These acts include any written or oral statement by a person who willfully threatens to commit a crime which will result in great bodily injury, death, or property damage in excess of $1000 with the specific intent that the statement is taken as a threat, even if there is not intent of actually carrying it out.

    Consequences:  The consequences for terrorist threats will range from suspension to referral to the Governing Board for Expulsion. In addition, law enforcement may be contacted.  Appropriate counseling may be part of this process.