Consequences for Inappropriate Behavior
Students who choose not to follow the TRIBES Mutual Agreements and/or school rules will receive the appropriate consequence according to the infraction. Parents will be notified of all serious offenses.
- Verbal Warning
- Recess/Lunch Detention
- Time out in a Buddy Teacher’s Classroom
- Aeolian Inappropriate Behavior Referral–Level 2*
- Aeolian Inappropriate Behavior Referral–Level 3
- In-House Suspension
- School Suspension
Students who commit one of the following offenses will receive an automatic office referral and may be suspended from school:
- Fighting with visible marks
- Scratching with visible marks
- Damage to personal or school property
DISCIPLINE OFFICE REFERRALS
Students may be sent to the office with a discipline referral when all attempts to improve the student’s behavior have proven to be unsuccessful. A student may also be referred if the problem is so severe that it requires immediate office attention and action. Students will always be given the opportunity to state their side of what took place.
The school Principal has the right to suspend a student for a period of up to five consecutive days for each offense. In cases of this type, an informal conference between the Principal or his/her designee, the student, and any other appropriate persons will be conducted. If, after the investigation into the incident and conference is completed, the Principal decides that the suspension is necessary, it will become effective immediately. The Principal will attempt to notify parents by telephone before this action is taken. A copy of the suspension notice will be sent to the parents with the student.
The school Principal has the right and, in some cases, is required to recommend to the district Superintendent that a student be expelled (expulsion). In cases of this type, an administrative hearing panel will convene and action will be taken by the Board of Education. If a student has violated a school rule and is subject to expulsion, both the student and his/her parents will be formally notified. Part of the notification process will include detailed instructions regarding the due process procedures.
INAPPROPRIATE STUDENT BEHAVIORS
As prescribed by the Education Code schools shall adopt rules and procedures, which are consistent with any applicable policies adopted by the governing board and state statutes governing school discipline. State statutes, as it pertains to this handbook, focuses on Education Code 48900 and Education Code 48910.
Education Code 48900, Grounds for Suspension
A pupil shall not be suspended from school or recommended for expulsion unless the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has:
- Caused, attempted to cause, or threatened to cause physical injury to another person.
- Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object unless, in the case of possession of any such object, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
- Unlawfully possessed, used, sold, otherwise furnished, or been under the influence of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, in alcoholic beverage, or gin intoxicant of any kind.
- Unlawfully offered, arranged, or negotiated to sell any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and then either sold, delivered, or otherwise furnished to any person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
- Committed or attempted to commit robbery or extortion.
- Caused or attempted to cause damage to school property or private property.
- Stolen or attempted to steal school property or private property.
- Possessed or used tobacco, or any products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit use or
possession by a pupil of his/her own prescription products.
- Committed an obscene act or engaged in habitual profanity or vulgarity.
- Had unlawful possession of, or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
- Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
- Knowingly received stolen school or private property.
- Possessed an imitation firearm.
- Committed or attempted to commit a sexual assault as defined in Sections 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
- 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.
- Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act, directed specifically toward a pupil or school personnel.
48900.2 Sexual Harassment: sufficiently severe or pervasive as to have a negative impact upon academic performance or to create an intimidating, hostile, or offensive educational environment.
48900.3 Hate Violence: a pupil in any of grades 4 to 12, inclusive, may be suspended or recommended for expulsion if it has been determined that the pupil has caused, attempted to cause, or threatened to cause, or participated in an act of, hate violence, as defined in subdivision (e) of Section 33032.5.
48900.4 Prohibited Actions: in addition to the grounds specified in Sections 48900 and 48900.2, a pupil enrolled in any of grades 4 to 12, inclusive, may be suspended or recommended for expulsion if it is determined that the pupil has intentionally engaged in harassment, threats, or intimidation,
48900.7 Terroristic Threats: a "terroristic threat" shall include any statement whether written or oral, by a person who willfully threatens to commit a crime, which will result in death, great bodily injury to another person, or property damage in excess of one thousand dollars ($ 1000.00).
Penal Code 417.27 Laser Pointers: prohibits possession of a laser pointer by any student on any elementary or secondary school premise, unless possession is for valid instruction. Further, prohibits directing the beam of a laser pointer into the eyes of another or into a moving vehicle or into the eyes of a guide dog.
GROUNDS FOR EXPULSION
Violation of Education Code 48915 (a) requires the principal to recommend a student for expulsion. This includes:
- Causing serious physical injury to another person, except in self- defense.
- Possession of any knife as defined in Education Code 48915 (g), explosive or other dangerous object of no reasonable use to the student.
- Robbery or extortion.
- Assault or battery.
Violation of Education Code 48915 (c) requires the principal to recommend a student for expulsion and requires the Board of Trustees to expel the student. This includes:
- Possessing or selling or otherwise furnishing a firearm.
- Brandishing a knife.
- Unlawfully selling a controlled substance.
- Committing or attempting to commit a sexual assault or committing a sexual battery.
Aeolian has an anti-bullying policy. Everyone has the right to feel physically and emotionally safe at school. There will be severe consequences for anyone who bullies another student. The staff at Aeolian is committed to creating and preserving a physically and emotionally safe environment.
Bullying is unwanted, aggressive behavior among school-aged children that involves a real or perceived power imbalance. The behavior is repeated over time. Bullying includes actions such as making threats, spreading rumors, attacking someone physically or verbally, and excluding.