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Rule 1 - Attendance
ATTENDANCE (Citizenship/Responsibility): A student must attend every class every day unless there is an excused reason for the abence.
A. Tardy and skipping class UB: Excessive Tardiness, UB: Leaving School without permission, UB: Leaving Class without permission, UB: Truancy, UB: Skipping School, UB: Skipping Class, UB: Cutting Class, UB: Late to Class: Students who are tardy, cut school or class or have excessive unexcused absences (more than 10) are in violation of this rule and are subjected to adjudication as an undisciplined youth in Juvenile Court. In addition to any administrative response, students with excessive absences may be required to comply with the district’s recovery procedures.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Level I Response(s)B. Leaving campus without permission UB: Leaving school without permission, UB: Skipping school: Students cannot leave the school campus during school hours.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Level I Response(s)
OSS 1-2 days to include documented responses by the administration team. -
Rule 2 - Food/Beverages
FOOD/BEVERAGES (Responsibility/Honesty) UB: Inappropriate items on school property, UB: Insubordination:
A student will eat and drink only in authorized areas of the school. No outside food delivery services are allowed.RESPONSES:
Minimum: Level I Response(s)
Maximum: Level I Response(s) -
Rule 3 - Medication
MEDICATION (Responsibility/Honesty) UB: Inappropriate Item on School Property: All medication will be provided to the school nurse and properly stored. Without proper medical authorization, students shall not transport or consume prescription or non-prescription medications, supplements, chemical compounds, or over the counter herbal supplements to or from school or have these substances in their possession at any time without meeting conditions prescribed by the Board of Education including appropriate documentation and storage with the school nurse. Students are not permitted to sell or distribute such substances; the distribution, sale or consumption of such substances may be a violation of Rule 28.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Level II Response(s) -
Rule 4 - Student Dress
STUDENT DRESS AND GROOMING (Respect/Responsibility) UB: Dress Code Violation: A student will maintain personal attire and grooming standards that promote safety, health, and are not disruptive to the educational environment. This includes student clothing that materially and substantially disrupts classes or other school activities. Students cannot wear clothing/accessories that block the ability to able to make a positive identification of a student, such as a ski mask. The dress and grooming of students shall contribute to the health and safety of the individual and promote an orderly educational environment. Please see the dress code at your school. These standards apply to all students unless a specific exception is made by the school administrator. All students have a right to wear their hair in a way that reflects their racial, ethnic, or cultural identity without being discriminated against or disciplined.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Level I Response(s) -
Rule 5 - Personal Property (i.e. cellular telephones and electronics)
PERSONAL PROPERTY (Responsibility): A student is permitted to bring or possess only objects that have an educational purpose or will not distract from teaching or learning. Students are permitted to sell items on campus only as part of an approved school activity. All other items will be confiscated and returned to the parent at a mutually agreed upon time, not to exceed one calendar week. In some cases this may be a violation of Rule 21B, 22, or 28.
A. Personal Technology Devices UB: Cell Phone Use: 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, smart phone, cell phone, smart watch, 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. With the approval of the superintendent, a principal may permit students to possess and use PTDs during the school day for educational purposes. “Educational purposes” include student education, research and career development. A principal may put additional rules in place permitting student use of cell phones during noninstructional times of the school day. The principal must assure that these rules are publicized to students and parents. 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. The district is not responsible (monetary value or replacement) for theft, loss, or damage to PTDs or other electronic devices brought onto CMS property. Students permitted to use PTDs during the school day must follow all rules set forth in Policy S-SINT and Regulation S-SINT/R, and sign the Student Internet Use Agreement.
B. Toys, games (electronic or other), lighters and other electronic equipment UB: Inappropriate Item on School Property: Possession of these or any similar devices without permission of the administration is prohibited. Possession of a toy gun that could be mistaken for an actual weapon is a violation of Rule 29, Weapons and Dangerous Objects.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Level II Response(s) for repeated violations -
Rule 6 - Misrepresentation (i.e. cheating)
MISREPRESENTATION (Honesty): A student will be honest and submit his/her own work.
A. Altering Report Cards or notes UB: Honor Code Violation: Tampering with report cards, official passes, notes or other school documents in any manner, including changing grades or forging names to excuses, is prohibited.
B. False information UB: Falsification of Information: Making false statements, written or oral, to anyone in authority is prohibited.
C. Cheating UB: Honor Code Violation: Violating rules of honesty and Honor Codes, including but not limited to plagiarism, submission of work not authored exclusively by the student or copying another student’s test or assignment, are prohibited. The superintendent has the discretion to punish violations of this rule as Level III if the student’s actions have a serious detrimental effect on other students or staff.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Level II Response(s) OSS 1-5 days -
Rule 7 - Insubordination
INSUBORDINATION (Responsibility/Respect) UB: Insubordination: A student will comply with the lawful direction of any authorized staff member while in school, participating in a school activity or on school property. All students are expected to behave in a respectful manner. This includes, but is not limited to, complying with the direction or instruction of a staff member, not walking away from a staff member while being spoken to, and speaking to staff in an appropriate manner.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Level II Response(s)
OSS 1-5 days to include documented responses by the administration team -
Rule 8 - Bullying/Profanity/Obscenity and/or Derogatory Language
A. BULLYING, PROFANITY, OBSCENITY AND/OR DEROGATORY LANGUAGE (Respect/Caring) UB: Bullying, UB: Harassment-Racial, UB: Harassment-Disability, UB: Inappropriate Language/Disrespect, UB: Inappropriate Language-Racial, UB: Harassment- Sexual Orientation, UB: Harassment- Religious Affiliation: Bullying and/or harassing behavior are strictly prohibited in CMS. It is the policy of the Board of Education to maintain learning environments that are free from harassment or bullying (Policy S-BULY). Students are expected to use appropriate language and conduct at school and school functions and possess only appropriate materials.
B. Cyberbullying UB: Cyberbullying: This rule applies to cursing, possessing, sending, social media posts, or receiving written materials or electronic text and/or images that convey an offensive, racial, derogatory, bullying or obscene message to another person. This includes but is not limited to references to race, color, ancestry, national origin, gender, gender identity or expression, sexual orientation, religion, physical or sensory disability, physical appearance that includes hair styles, or making offensive statements or gestures. Bullying is defined in CMS Regulation S-BULY/R and can be located on page 25.In addition, as with other disciplinary violations, any manner of bullying that occurs off campus may violate the Code of Student Conduct if it has a direct and immediate impact to the orderly and efficient operation of the school or the safety of individuals in the school environment.
Students who feel bullied, harassed or intimidated on school property by an adult or another student or who witness such conduct may report it in one of two ways: 1. Go to www.cms.k12.nc.us or your school’s website and click on the “Report Bullying Anonymously” button; 2. Use the Say Something Anonymous Reporting App or https://www.sandyhookpromise.org/say-something-tips/
RESPONSES:
Minimum: Level I Response(s)
Maximum: Level III Response(s) to include documented responses by the administration team -
Rule 9 - Generally Disruptive Behavior
GENERALLY DISRUPTIVE BEHAVIOR (Responsibility/Respect/Citizenship) UB: Excessive Display of Affection, UB: Disruptive Behavior, UB: Repeat Offender: A student will maintain appropriate behavior so as to refrain from disrupting class, school or bus activity and be prepared for instruction at all times. A student shall not talk out in class or move from his/ her assigned seat/area without permission, throw objects (except as directed by staff for an instructional purpose), horseplay, harass, tease or make rude noises or participate in excessive displays of affection.
Repeated Violations: Repeated incidents of generally disruptive behavior require documentation of the student being supported within the Multi-Tiered Systems of Support (MTSS) framework.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Level III Response with required Rule 9 paperwork completed (available in Canvas) -
Rule 10 - Trespassing
TRESPASSING (Citizenship) UB: Being in an unauthorized area: A student will not enter school property or a school facility without proper authority. This rule includes entering any school or participating in any CMS event (with principal permission) during a period of suspension or expulsion.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Level II Response(s) OSS 1-5 days -
Rule 11 - Unsafe Action
UNSAFE ACTION (Citizenship/Caring): Harm’s Way UB: Being in an Unauthorized Area, UB: Disruptive
Behavior, UB: Insubordination: This rule will apply only when the unsafe behavior does not meet the standards of any other violation. A student shall not commit any action that has the potential to cause danger or physical harm to himself or to others, to include but not limited to: exiting a moving school bus, exiting a school bus by way of the emergency exit absent an emergency, attempting to elude school officials by running through an active vehicle traffic area, climbing on the roof of buildings, being in construction areas, boiler rooms, attics or elevator.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Long-Term Suspension or Expulsion -
Rule 12 - Vehicle Use
VEHICLE USE (Responsibility/Citizenship):
A. Reckless Vehicle Use UB: Other school defined offense, UB: Disruptive Behavior: A student will not operate any motorized or self-propelled vehicle on school grounds in a manner that is a threat to health and/ or safety, or a disruption to the educational process. Driving to school is a privilege, which may be limited or revoked at any time by the school principal. Student must have a valid driver’s license to drive/park on school grounds.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Long-Term SuspensionB. Vehicle Parking on Campus UB: Inappropriate item on school property: A student will not park a motor vehicle on school premises unless he/she has been issued a parking permit and has a valid driver’s license. Parking permits must be visibly displayed and vehicles must be parked only in assigned spaces. Unauthorized vehicles may be towed.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Level I Response(s) -
Rule 13 - Gambling
GAMBLING (Responsibility) UB: Gambling: A student will not play games of skill or chance for money or property.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Level II Response(s) -
Rule 14 - Vandalism
VANDALISM (Responsibility/Respect/Citizenship) UB: Property Damage: A student will not willfully, with or without malice, damage or destroy property of another, including property belonging to the school or district, staff, students or other adults on campus or at a school-sponsored or school-related activity on or off school property or participate with others to do so. Vandalism may include but is not limited to stickers on the walls, writing on desks, graffiti and permanent markings. A student or parent/guardian may be held financially responsible by the judicial system.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Long-Term Suspension -
Rule 15 - Use of Fire
USE OF FIRE (Responsibility/Respect/Citizenship) *RO: Burning of a School Building, UB: Unlawfully setting a fire: A student will neither set fire nor attempt to set fire to anything on school property or participate with others to damage or destroy school property through the use of fire. This includes striking matches, flicking cigarette lighters or using any instrument capable of producing fire on school property or at a school-sponsored or school-related activity that is on or off school property. (This violation does not include any smoking violations. For smoking violations, refer to Rule 28)
RESPONSES:
Minimum: Level I Response(s)
Maximum: Long Term Suspension or Expulsion -
Rule 16 - Theft
THEFT (Responsibility/Respect/Citizenship) UB: Theft, UB: Inappropriate items on school property (stolen goods): A student will not steal or possess stolen property, or participate with others to do so. Stolen property includes any object that is possessed without the permission of the owner.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Long-Term Suspension -
Rule 17 - Breaking and Entering
BREAKING AND ENTERING (Responsibility/Respect/Citizenship) UB: Being in an unauthorized area, UB: Property Damage: A student will not break into any district property. This will include any unauthorized entry into school property with or without destruction to the property.
RESPONSES: Minimum: Level II Response(s) Maximum: Long-Term Suspension
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Rule 18 - Breaking and Entering with Intent to Commit a Felony or Theft
BREAKING AND ENTERING WITH INTENT TO COMMIT A FELONY OR THEFT (Responsibility/
Respect/Citizenship) UB: Being in an unauthorized area, UB: Theft:
A. District Property: A student will not unlawfully enter any district property with the intent of committing a felony, to steal and/or take and carry away the property of another, or to attempt to commit the taking of property.
B. Motor Vehicles: A student will not unlawfully enter any motor vehicle on district property. This will include unlawful entry into a vehicle with or without destruction to the property or regardless of removal of property from the vehicle.
RESPONSES:
Minimum: Level II Response(s)
Maximum: Long-Term Suspension or Expulsion -
Rule 19 - Robbery
ROBBERY (Responsibility/Respect/Citizenship) RO: Robbery without a dangerous weapon,*RO: Robbery with a dangerous weapon, *PD: Robbery with a firearm or powerful explosive: A student will not take or attempt to take another person’s property by force or violence.
RESPONSES:
Minimum: Level II Response(s)
Maximum: Long-Term Suspension or Expulsion -
Rule 20 - Extortion
EXTORTION (Responsibility/Respect/Citizenship) UB: Extortion: A student will not take, threaten or attempt to take the property (including but not limited to money) of others through intimidation or blackmail.
RESPONSES:
Minimum: Level II Response(s)
Maximum: Long-Term Suspension or Expulsion -
Rule 21 - Unauthorized Use of Technology Devices
UNAUTHORIZED USE OF TECHNOLOGY (Honesty) UB: Misuse of school technology, UB: Honor Code Violation, UB: Communicating Threats, UB: Cyber-bullying:
A. CMS-owned property: A student shall refrain from inappropriate use of school system computers/technology devices or from using the CMS electronic communications and wireless connection network without proper authority. This includes unauthorized use of sign on codes and the school telephone system, communication of threats or implied threats, harassment, racism, discrimination and unauthorized attempts to contact any CMS computer site from any computer station.
B. Use, Distribution, or Creation of Inappropriate Content: A student will refrain from any activity or distribution of information through the Internet or other electronic means that would constitute a violation of a rule under the Code of Student Conduct or a violation of law, as, but not limited to, bullying or harassment on social media or other sites if the conduct 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. Publication of information on the Internet is considered distribution regardless of the location of the technology device from which the offending content was published.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Long-Term Suspension or Expulsion -
Rule 22 - Pornographic, Profane and/or Violent Material
PORNOGRAPHIC, PROFANE AND/OR VIOLENT MATERIAL (Respect/Citizenship) UB: Inappropriate items on School Property, UB: Harassment-Sexual: A student shall refrain from having or distributing any pornographic or profane material on school property or at school sponsored event, including but not limited to pictures, magazines, electronic text (including air dropping) or images and sexually explicit or graphically violent materials (including but not limited to documents or instructions concerning the creation of and/or the use of weapons). Some violations of Rule 22 are also a violation of Rule 27C and must be documented in the CMS Title IX Record Keeping System.
RESPONSES: Minimum: Level I Response(s) Maximum: Long-Term Suspension or Expulsion
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Rule 23 - Counterfeit Currency
COUNTERFEIT CURRENCY (Honesty) UB: Use of counterfeit items, UB: Inappropriate items on School Property: A student shall not distribute, produce or use counterfeit currency on school property or at a school-sponsored or school-related activity on or off school property.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Long-Term Suspension or Expulsion -
Rule 24 - False Alarm
FALSE ALARM/FALSE REPORTING (Responsibility) UB: False Fire Alarm, UB: Falsification of Information: In the absence of an emergency, a student shall not call 911, signal or set off an automatic signal indicating the presence of an emergency. Making false reports, written, oral, or on social media, that causes a significant disruption to the school environment is prohibited.
RESPONSES:
Minimum: Level I Response(s)
- Elementary Level II Response(s)
- Secondary
Maximum: Long-Term Suspension or Expulsion -
Rule 25 - Bomb Threat
BOMB THREAT (Responsibility) *RO: Bomb Threat: A student shall not make any report or notification, knowing or having reason to know the report is false (verbal or written), indicating the presence of a bomb or explosive device on school grounds, school bus or at any school activity. A threat assessment screener must be completed. If the threat is transient this is a violation of Rule 26C. A full threat assessment must be completed for a student to be in violation of Rule 25.
RESPONSES:
Minimum: Level III Response(s)
Maximum: Long-Term Suspension or Expulsion -
Rule 26 - Aggressive Physical/Verbal Action
AGGRESSIVE PHYSICAL/VERBAL ACTION (Responsibility/Caring/Justice and Fairness): A student shall not exhibit any form of aggressive physical or verbal action against another student, staff member, visitor or any other adult at school. Minor incidents of hitting, biting, spitting, shoving, kicking or throwing objects at a student or adult may be a Level I or II infraction.
A. Verbal Confrontation/Provocation UB: Aggressive Behavior, UB: Bullying, UB: Harassment-Verbal: Astudent shall not approach another person in a confrontational, provocative or bullying manner. This will include attempts to intimidate or instigate another person to fight or commit other acts of physical aggression.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Level III Response(s)B. Fighting UB: Fighting: The exchange of mutual aggressive physical contact between students, with or without injury, is prohibited. A student who is physically attacked may act in self defense without consequence. Self-defense is defined as the act by a nonaggressor victim using reasonable force to avoid being hit in order to enable oneself to get free from the attacker and notify school authorities. It is not self defense to participate in the fight. Students who exceed reasonable force in protecting themselves will be disciplined for violating this rule even though another person provoked the fight. Administrators will have the discretion to recognize the need for self defense on an incident-by-incident basis.
RESPONSES:
Minimum: Level I Response(s) - Elementary Level II Response(s) - Secondary
Maximum: Long Term Suspension or ExpulsionC. Threatening/intimidating UB: Communicating Threats, UB: Threat of a physical attack with a weapon, UB: Threat of physical attack without a weapon, PD: Threat of physical attack with a firearm: A student shall not threaten to strike, attack or harm any person, or cause another person to become fearful by intimidation, through any medium, including threats made in person, through another person at the request of the perpetrator, on the telephone, in writing, through the use of gang paraphernalia, or by any digital communication (cyber-bullying) that pose a safety risk to the school environment. The Level will be determined by the level of risk presented by the threat, whether the threat could have reasonably been carried out and whether the threatened person was made fearful. The CMS Threat Assessment protocol must be followed any time a potential threat of targeted violence is reported. The threat assessment screener, full threat assessment, and a safety and prevention response plan must be in place in order for a Discipline Team Meeting to be requested.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Long Term Suspension or ExpulsionD. Assault on a Student, UB: Assault – Student, *PD: Physical attack with a firearm,*PD: Assault Resulting in Serious Injury, UB: Violent Assault Not Resulting in Serious Injury, *PD: Assault involving the use of a weapon: A student shall not physically attack another student. See self defense as defined above. Multiple
Assaults: A student shall not act in concert to physically attack another student.
RESPONSES:
Minimum: Level II Response(s)
Maximum: Long-Term Suspension or ExpulsionE. Assault on a Staff Member *RO: Assault on School Personnel with no serious injury, *PD: Assault Resulting in Serious Injury: A student shall not physically attack a staff member or adult. See self defense as defined above. Multiple Assaults: A student shall not act in concert to physically attack a staff member or other adult.
RESPONSES:
Minimum: Level I Response(s) - Elementary
Level III Response(s) - Secondary
Maximum: Long-Term Suspension or ExpulsionF. Inciting to Riot/Chaos, UB: Disorderly Conduct, UB: Disruptive Behavior, UB: Aggressive Behavior:
A student shall not engage in behavior of a violent or aggressive nature in a highly volatile area thatcould result in a riot, widespread chaos or aggressive actions (verbal and/or physical) by students witnessing or involved in the incident.
RESPONSES:
Minimum: Level II Response(s)
Maximum: Long-Term Suspension or ExpulsionG. Refusing to Disperse UB: Insubordination, UB: Disruptive Behavior:
A student who witnesses an incident under this rule shall disperse at the request of staff members.
RESPONSES:
Minimum: Level II Response(s)
Maximum: Level III Response(s)H. Participation in a Civil Demonstration UB: Disorderly Conduct, UB: Disruptive Behavior:
A student shall not disrupt the school day by participating in a civil demonstration without permission, including leaving campus without permission. See page 15 in the Parent-Student Handbook for more information.
RESPONSES:
Minimum: Level I Response(s)
Maximum: Level II Response(s) -
Rule 27 - Sexual Behavior
SEXUAL BEHAVIOR (Respect/Caring): A student shall not engage in any sexual behavior on school property or at a school-sponsored activity. All reports of nonconsensual sexual misconduct must be documented in the CMS Title IX Record Keeping System. The school will provide the outcome of all Title IX investigations in writing to the student’s parent/guardian.
A. Mutual Sexual Activity UB: Mutual Sexual Contact between two students, UB: Excessive Display of Affection: A student shall not engage in consensual sexual contact and/or sexual acts.
B. Offensive Touching UB: Harassment-Sexual: A student shall not engage in unwanted touching of an offensive or sexual nature. In some cases this may be a violation of 27E.
C. Sexual Harassment UB: Harassment-Sexual: A student shall not engage in unwanted verbal or physical (e.g. gesturing) conduct of a sexual nature which may reasonably be regarded as intimidating, hostile or offensive. This includes the communication of (by digital or other means) or the intentional display of sexually explicit material.
D. Indecent Exposure UB: Indecent Exposure, UB: Harassment-Sexual: A student shall not intentionally expose private body parts, including but not limited to the intentionally display of the buttocks (mooning).
E. Sexual Assault: *PD: Sexual Assault: A student shall not intentionally engage in sexual contact (the touching of a sexual organ without penetration) for the purpose of sexual arousal, sexual gratification, or sexual abuse by force or against the will of another person. Sexual organ includes breast, anus, buttocks and genitals.
RESPONSES:
Minimum: Level I Response - Elementary Level II Response(s) - Secondary
Maximum: Long Term Suspension or ExpulsionF. Sexual Battery *PD: Rape, *PD: Sexual Offense: A student shall not attempt or engage in nonconsensual sexual penetration with another person.
RESPONSES:
Minimum: Level III Response(s)
Maximum: Long Term Suspension or Expulsion -
Rule 28 - Alcohol, Tobacco and other Drugs
ALCOHOL, TOBACCO AND OTHER DRUGS (Responsibility/Citizenship): A student shall not use, purchase, sell, distribute, be under the influence of or possess any kind of tobacco, alcoholic beverage, paraphernalia, controlled substance (as defined by state law) or illegal or counterfeit substance.
A. Tobacco and Tobacco Product UB: Possession of Tobacco, UB: Use of Tobacco: A student shall not use, sell, distribute, or possess any kind of tobacco product on school property or at a school function. Tobacco product is any product that contains tobacco/nicotine or is tobacco and nicotine derived and is intended for use of tobacco and nicotine-derived products. The term includes tobacco and nicotine derived products, vaporproducts, or paraphernalia/devices/components for use of tobacco and nicotine-derived products.
RESPONSES:
Minimum: Level I and optional referral to Student Assistance Program (SAP)
Maximum: Level IIB. Alcohol *RO: Alcohol Possession, *RO: Use of Alcoholic Beverages: A student shall not possess, use or be under the influence of alcohol on school property or at a school function. For distribution of alcohol see Rule 28E2.
C. Marijuana UB: Under the influence of controlled substances, *RO: Possession of Controlled Substance -Marijuana, UB: Possession of chemical or drug paraphernalia: A student shall not possess, use or be under the influence of THC, THC-derived products, or marijuana on school property or at a school function. “Marijuana” is defined to also include synthetic cannabinoids, marijuana derived products and substances intended to mimic the effects of marijuana. Possession of large amounts or of more than one individually wrapped package of marijuana will be deemed to be a violation of Rule 28E2.
D. Paraphernalia: UB: Possession of chemical or drug paraphernalia, UB: Possession of Vaping (Non-tobacco) Device, UB: Use of Vaping (Non-tobacco) Device: A student shall not use, possess, sell, attempt to sell, or distribute any drug related paraphernalia including but not limited to: rolling papers, cigar wrappers, vaping/dab devices, hookah devices, bongs, pipes, or any item intended for the use, storage, or distribution of alcohol, tobacco-derived products, marijuana or other drugs. If the paraphernalia being sold contains an illegal or controlled substance, it should be coded under 28 E2.
RESPONSES:
Minimum: First Time Offense - Elementary: Level I Response(s) and a referral to Student Assistance Program (SAP). Failure to comply with SAP counselor recommendations will result in a Level II response.
First Time Offense - Secondary: Level II (see page 9) and a referral to Student Assistance Program (SAP). Failure to comply with SAP counselor recommendations will result in a Level III response.
Maximum: Repeat Offenders: Level III and notification of the Student Assistance Program CounselorE. Drugs/illegal substances and counterfeit drugs:
1. Use, Influence or Possession of Drugs, RO: Use of Controlled Substance, RO: Use of Narcotics, UB: Use of Counterfeit items, UB: Possession of Counterfeit Items, *RO: Possession of Controlled Substance-Other, *RO: Possession of Controlled Substance-Ritalin, *RO: Possession of Controlled Substance-Cocaine, *RO: Possession of Another Person’s Prescription Drug: For drugs other than marijuana, a student shall not use or be under the influence of illegal or controlled substances or possess illegal, counterfeit or controlled substances (including prescription or non-prescription medications without meeting conditions prescribed by the Board of Education) on school property or at a school function. Disciplinary responses shall include a referral to Student Assistance Program. Example items include, but are not limited to:1. Acid
2. Ecstasy/MDMA
3. Heroin/Opiates
4. Cocaine
5. Xanax/Benzodiazepines2. Sale/Distribution (Attempt or Actual) RO: Distribution of a Prescription Drug, RO: Sale of Controlled Substance in violation of law-Other, RO: Sale of controlled substance in violation of lawmarijuana, RO: Sale of controlled substance in violation of law-Ritalin, RO: Sale of Controlled substance in violation of the law-Cocaine: A student shall not distribute, sell, attempt to sell, or possess with intent to sell any illegal, counterfeit or controlled substance or substance intended to mimic the effects of an illegal substance. Possession of a large amount of or more than one individually wrapped package of a controlled or illegal substance will be considered evidence that the student intended to sell or distribute the product.
RESPONSES:
Minimum: Level III Response(s) and a referral to CMS Student Assistance Program
Maximum: Long-Term Suspension or Expulsion -
Rule 29 - Weapons and Dangerous Objects
WEAPONS AND DANGEROUS OBJECTS- NOT INCLUDING FIREARMS: (Responsibility/Caring) *RO: Possession of Weapon (not all weapons listed below qualify for this reporting code): A student will not possess, handle, transport or use any weapon, object that can be reasonably considered a weapon, dangerous objector substance that could cause harm or irritation to another individual on school property or at any school function. All items will be confiscated and will not be returned except with the mutual agreement of school and law enforcement. This rule does not apply to school supplies (e.g., pencil, laser pointer) unless used as a weapon. Note: any object thrown from a school bus will be treated as a weapon for purposes of this rule. The CMS Threat Assessment Protocol should be considered based on the nature of the incident (e.g. severity, intent, etc.); a threat assessment must be conducted if a Discipline Team Meeting is being requested. *See Rule 31 for rules on firearms. Special note: See the Safe Harbor Provision.
Prohibited items include, but are not limited to:
A. Toy knife or look-a-like knife
B. Toy gun or look-a-like gun
C. Weapon not capable of propelling a missile
D. Knife
E. Box cutter/razor blade
F. Camouflaged weapon
G. Object thrown from a bus
H. Ammunition
I. Fireworks
J. Bomb (includes destructive devices such as an explosive, incendiary or poison gas, grenade, rocket having a propellant charge of more than 4 ounces, missile with an explosive charge of more than 1/4 ounce, mine, or similar device
K. Air soft gun, BB gun, pellet gun
L. Any object or substance that could cause injury including but not limited to, slingshots, ice picks, multi-fingered rings, metal knuckles, nun chucks, Bowie knives, dirks, daggers, lead canes, switchblade knives, clubs, stun guns, starter pistols, BB guns, flare guns, air rifles, air pistols, air soft pellet guns or paint ball guns, mace, fire extinguishers and/or the use of any object or any substance that will potentially cause harm, irritation or bodily injury.
RESPONSES:
Minimum: Level I Response(s) (see page 9)
Maximum: Long Term Suspension or Expulsion -
Rule 30 - Gang and Gang-Related Activities
GANG/HATE GROUP RELATED ACTIVITIES (Responsibility/Caring/Justice and Fairness) UB: Gang Activity: No student shall commit any act that furthers gangs/hate groups or gang/hate group-related activities. A gang/hate group is any ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of criminal acts, or the purposeful violation of any district policy, and having a common name or common identifying sign, colors or symbols. Conduct prohibited by this policy includes:
A. Clothing: Wearing, possessing, using, distributing, displaying, or selling any clothing, jewelry, emblems, badges, symbols, signs, visible tattoos and body markings, or other items, or being in possession of literature that shows affiliation with a gang, or is evidence of membership or affiliation in any gang or that promotes gang affiliation;
*See Crime Definitions on pages 28-30 before using this code
B. Communication: Communicating either verbally or non-verbally (gestures, handshakes, slogans, drawings, etc.) to convey membership affiliation in any gang or that promotes gang affiliation;
C. Vandalism or Destruction of Property: Tagging, or otherwise defacing school or personal property with gang or gang-related symbols or slogans;
RESPONSES:
Minimum: Level I Response(s)
Maximum: Level III Response(s)D. Intimidation/Threats: Requiring payment for protection, money or insurance, or otherwise intimidating or threatening any person related to gang activity;
E. Coercion: Inciting other students to intimidate or to act with physical violence upon another person related to gang activity;
F. Solicitation: Soliciting others for gang membership;
G. Conspiracy: Conspiring to commit any violation of this policy or committing or conspiring to commit any other illegal act or other violation of school district policies that relates to gang activity.
RESPONSES:
Minimum: Level II Response(s)(see page 9)
Maximum: Long Term Suspension -
Rule 31 - Firearms
FIREARMS (loaded or unloaded) (Responsibility/Caring) *RO: Possession of a Firearm: *PD: Robbery with a firearm or powerful explosive, UB: Threat of physical attack with a firearm, *PD: Physical attack with a firearm: A student shall not possess, handle or transport any handgun, rifle, starter gun, shotgun or any other weapon which will or is designed to or may readily be converted to expel a projectile by action of an explosion, including camouflaged guns or any firearm muffler or silencer on CMS property or any CMS-sponsored event. The CMS Threat Assessment protocol must be followed.
RESPONSES:
Minimum: Long Term Suspension
Maximum: Expulsion -
Rule 32 - Persistently Dangerous Students
PERSISTENTLY DANGEROUS STUDENTS (Responsibility/Caring/Justice and Fairness): Students shall not frequently engage in conduct that is in violation of other code of conduct rules and is a danger to others in the school environment. Targeted conduct for this rule are multiple events over an extended period of time, including previous school years. Examples of misconduct under this rule include, but are not limited to, multiple rule violations for assault, the sale or distribution of illegal drugs, gang-related activities, the possession of weapons and inappropriate sexual behavior.
RESPONSES:
Minimum: Level III Response (s)
Maximum: Long Term Suspension or Expulsion -
Rule 33 - Refusal to Allow Search
REFUSAL TO ALLOW SEARCH (Responsibility and Honesty) UB: Insubordination: School administration has the right to conduct a search of a student or his/her possessions that is reasonable in scope if the administration has a reasonable suspicion that the student may be in possession of a weapon, illegal substance or other items prohibited by or used in violation of law or the Code of Student Conduct.
A. Search of an individual and/or his/her Possessions: A student must cooperate with and may not obstruct or interfere with a reasonable and authorized search of the student and/or his/her possessions as part of a scheduled safety screening or based on reasonable suspicion that the student may be in possession of a weapon, illegal substance or other items prohibited by or used in violation of law or the Code of Student Conduct.
B. Search of Student Lockers and Desks: Lockers and desks are the property of the District and are assigned to the student with the understanding that he/she is responsible for all property placed in the locker or the desk. Lockers and desks shall be used only for storage of those items that are reasonably necessary for the student’s school activities such as books, gym clothes, coats, school assignments, etc. A student must cooperate with and shall not obstruct or interfere with an authorized search of his/her locker or desk.
C. Search of a Vehicle: A student must cooperate with and may not obstruct or interfere with reasonable search of the student’s vehicle and its contents when it is present on school property or at a school activity. These searches will be based on reasonable suspicion that the student may be in possession of a weapon, illegal substance or other items prohibited by or used in violation of law or the Code of Student Conduct. A violation of this rule may result in the student losing his/her parking privilege, in addition to other applicable discipline.
RESPONSES:
Minimum:
Level I Response(s) (see page 9)
Maximum:
Repeat Offenders: Level III (s) (see page 10) -
Rule 34 - Student Health and Safety (Covid 19)
STUDENT HEALTH AND SAFETY: Students are required to follow the rules/guidelines/practices that are adopted to ensure the health and safety of themselves and others while on CMS property or at a CMS sponsored event. This rule applies to a pandemic as well as any other local, state, or federal emergency procedures that impact the safety and well-being of students and staff.
RESPONSES:
Minimum: Level I Response (s)
Maximum: Level II Response(s) - OSS 1-2 days to include documented interventions by the administrative team