Section II

A student who commits an infraction against or involving an administrator, teacher, or other district staff member will be subject to a heightened response under the five Levels. However, the heightened response will not exceed the maximum penalty for the particular rule violation. 

A student who participates or conspires with another to violate a rule may be found in violation of the rule. If so, the student will be subject to the full disciplinary consequence for the rule violation. 

Students may be disciplined for conduct away from CMS property that violates the Code of Student Conduct and that has or may have a direct and immediate impact on the orderly and efficient operation of the schools or the safety of individuals in the school environment. This includes conduct that occurs during the virtual learning environment.

Students between ages 7 and 16, and students younger than 7 who are enrolled in school, are required by law to attend school. In addition to the consequences outlined in Rule 1, the student will be required to make up the work missed and may be subject to the district’s attendance recovery procedures. Under NC compulsory attendance statutes, students with more than 10 unexcused absences and/or their parent/caregiver will be referred to the proper authorities.

A personal technology device (PTD) is a portable Internet-accessing device that is not the property of the district that can be used to transmit communications by voice, written characters, words or images, share information, record sounds, process words, and/ or capture images, such as a laptop computer, tablet, smartphone, cellphone, personal digital assistant or E-Reader. A student may possess and use a PTD on school property, at after-school activities and at school-related functions, provided that during school hours the PTD remains off and put away. Each principal will establish rules for his or her school site as to whether and how personal technology devices (including, but not limited to smart phones, tablets, laptops, etc.) may be used on campus during non-instructional time. Possession of a PTD by a student is a privilege, which may be revoked for violations of the Code of Student Conduct. Violations may result in the confiscation of the PTD (to be returned only to a parent) and/or other disciplinary actions. Students permitted to use PTDs during the school day must follow all rules set forth in Policy S-TECH and Regulation S-TECH/R, and sign the Student Internet Use Agreement. The district is not responsible for theft, loss, or damage to PTDs or other electronic devices brought onto CMS property.

The unlawful possession, use or distribution of illicit drugs and/or alcohol by students on school property or at any school function is prohibited. In addition to school consequences, such actions will be reported to local law enforcement and may be required to be reported to the Department of Motor Vehicles.

The possession of weapons by students on school property or at any school function is prohibited. In addition to school consequences, such actions will be reported to local law enforcement and may be required to be reported to the Department of Motor Vehicles.

According to CMS Board Policy O-DOG: “The Charlotte-Mecklenburg Board of Education is committed to the maintenance of order and discipline in schools, and to the safety and welfare of students. Therefore, school authorities may use specially trained dogs to sniff students’ lockers, desks, book bags, automobiles, and other property at any time in an effort to detect the presence of prohibited substances and items. Authorities may search personal property in or about which trained dogs have detected prohibited substances or items and may seize such substances or items found as a result of these searches. Students shall be subject to consequences set forth in the CMS Student Code of Conduct for the possession of any prohibited items seized as a result of inspections by trained dogs and may also be subject to criminal prosecution.” (The full Board Policy O-DOG can be found at: http://go.boarddocs.com/nc/cmsnc/Board.nsf/goto?open&id=B2LRU36FA140)

Safety screenings are used to help keep weapons out of schools. The screening tools, procedures and staff training are designed to respect the rights and privacy of students and minimize disruption to teaching and learning while deterring weapons being brought into schools. Various tools are deployed including metal detection wands, portable metal detectors, bag searches and use of a dog trained to detect gunpowder. Dogs used in searches will not have direct contact with students.

As required by North Carolina law, principals are required to report the following acts to law enforcement when they have personal or actual notice of the incident and the acts occurred on the school property: “assault resulting in serious injury, sexual assault, sexual offense, rape, kidnapping, indecent liberties with a minor, assault, involving the use of a weapon, possession of a firearm in violation of the law, possession of a weapon in violation of the law, or possession of a controlled substance in violation of the law.” (N.C.G.S. § 115C-288 (g)). Procedures followed at school when a law enforcement officer wishes to interview a student who is an alleged perpetrator of a criminal act or a witness to a criminal act are provided in Board Policy O-ELX. Pursuant to N.C.G.S. § 14-316.8, “Any person 18 years of age or older who knows or should have reasonably known that a juvenile has been or is the victim of a violent offense, sexual offense, or misdemeanor child abuse shall immediately report the case of that juvenile to the appropriate local law enforcement agency in the county where the juvenile resides or is found.” *This requirement is in addition to the mandatory reporting to DSS. 

Pursuant to state law, school personnel are required to report any suspected cases of child abuse or neglect to the Department of Social Services. Procedures followed at school when a representative of the Department of Social Services wishes to interview a student who is an alleged victim of child abuse or neglect are provided in Board Policy O-ELX.

Pursuant to state law, CMS is required to report the following acts to the Department of Motor Vehicles for a student who is between the ages of 14-17 or is in the 8th grade or above: possession or sale of alcoholic beverages or illegal controlled substances on school property; bringing, possessing or using a weapon or firearm on school property; and physical assault on school staff on school property when the conduct results in a suspension in excess of 10 days or the student is assigned to an alternative educational setting.

The Say Something Anonymous reporting system is an age-appropriate, evidence-informed program that trains youth and adults to recognize warning signs and threats of potential violence and to tell a trusted adult or use the anonymous reporting system via app, website, or telephone hotline. This empowers students, parents, staff, and community members to securely share safety concerns, helping school administrators and law enforcement members to prevent violence, suicide, bullying, self-harm, and other dangerous behaviors.