SAFE SCHOOLS AND APPROPRIATE CONDUCT POLICY 3072
1.1 Sevier School District recognizes that the school environment plays a major role in the education of students and that students, in turn, by their conduct and demeanor become part of the learning environment for other students. It is the policy of Sevier School District that no student shall be permitted to possess, use, manufacture, distribute, or dispense any controlled substance, tobacco, vape product, or alcohol on school premises within 1000 feet of school property boundaries. This policy constitutes mandatory compliance with Utah law regarding, controlled substances, counterfeit/imitation substances, alcohol, tobacco, vaping, and/or drug paraphernalia. Weapons are prohibited, as well as gang related activities.
1.2 The District is therefore committed to providing a safe, healthful, environment that is conducive to learning and free of distractions for students, staff, visitors, and community neighbors. The Board further believes that the individual's conduct and practices should not be disruptive and should not distract from the learning environment, but should contribute to it by the show of respect for all other persons and property.
1.3 In its efforts to establish and maintain a safe learning-appropriate environment in all of the schools in the Sevier District, the Sevier School District Board has determined that certain conditions/actions are not appropriate nor acceptable, may be disruptive or distracting, and will not be tolerated. Among these, but not limited to, are those named in Section III found below.
2.1 Utah Code 53G-8-202
"(1) The Legislature recognizes that every student in the public schools should have the opportunity to learn in an environment which is safe, conducive to the learning process, and free from unnecessary disruption.
(2)(a) To foster such an environment, each local school board, shall adopt conduct and discipline policies for the public schools within the district.
(6) Each district shall base its policies on the principle that every student is expected (i) to follow accepted rules of conduct; and (ii) to show respect for other people and to obey persons in authority at the school."
3. CONDUCT AND ACTIVITIES
3.1 The Administration shall implement Board policy according to the following guidelines:
3.1.1 Student Conduct
22.214.171.124 Classroom Behavior – Students shall conduct themselves in a manner that contributes to a productive learning atmosphere for themselves and their classmates. Students are expected to be attentive, cooperative, respectful and engaged while in the classroom. Students who habitually disrupt or destroy the learning atmosphere shall be disciplined according to the procedures established in Policy 3075 – Suspension/Expulsion
126.96.36.199 Behavior at Assemblies and Activities – Assemblies and activities shall be considered special student privileges where participation is contingent upon appropriate behavior. Students shall show respect to all performers. Students, who disturb, disrupt, or show disrespect shall lose the privilege of attending and may be subjected to disciplinary action.
188.8.131.52 Protection and Care of School Property – Students shall be expected to use school equipment and facilities appropriately and to behave in such a way that school property is preserved and protected. Students may be disciplined for improper use or treatment of school facilities and/or equipment.
184.108.40.206 Behavior at Competitive Events – Students are expected to demonstrate sportsmanship at all competitive events and to conduct themselves according to the rules of fair play both spectators and participants. While healthy competition is encouraged, cheating or rude and disruptive conduct shall not be tolerated.
220.127.116.11 Patriotism and Respect for the Flag – The Flag of the United States of America shall be appropriately displayed at all schools in keeping with customary and accepted practices. Students shall show proper respect for their country’s emblem. Instruction should include the frequent repeating of the Pledge of Allegiance by students and teachers. Discourteous treatment of the flag or other national symbols shall be cause for disciplinary action.
3.2 Behavior that is unacceptable by community standards is unacceptable in an educational environment.
3.3 Any such behaviors in a classroom or any area in the school building (auditorium, restroom, etc.), on school grounds, on a school vehicle or district-approved transportation, at school activities or events on campus or other locations, whether during school hours or not, are unacceptable and will result in disciplinary measures being taken against the student(s) involved.
3.4 The following student behaviors have been deemed by the Board to be inappropriate, distracting for the learning process, disruptive, and/or possibly dangerous:
3.4.1 Behaviors that show disrespect
18.104.22.168 Direct and willful disobedience: acting with disregard for rules or authority, deference to others' wishes, defiance, physical resistance and/or challenge to authority
22.214.171.124 Prejudice against an individual or a group of individuals based upon an opinion that because of their race, color, creed, age, sex, country of origin, marital or parental status, capabilities and/or limitations, they are different from and therefore considered to be inferior to the prejudiced person
126.96.36.199 Discrimination, demonstrated by 1) exclusion from clubs and activities, 2) derisive remarks, humiliation, and ridicule, 3) physical or verbal threats, 4) mischievous or harmful acts against victim, based on such bias or prejudice is not acceptable
3.4.2 Behaviors that are offensive
188.8.131.52 Displaying, distributing, and/or possession of pornography (pictures, including inappropriate pictures of self or other students, books, magazines, electronic devices, sexting, etc.) in the school setting (lockers, locker rooms, restrooms, buses, etc.)
184.108.40.206 Promiscuity: immodest conduct, offensive touching, inappropriate display of affection, intimacy, public show of feelings of a personal or private nature
220.127.116.11 Indecency: to commit acts or to dress in a manner considered to be indecent (immodest, revealing, suggestive) or disruptive, in the school environment
18.104.22.168 Language that is offensive to others: vulgar, coarse, suggestive, profane, inappropriate, degrading, humiliating, or otherwise unacceptable according to school policy and community standards
22.214.171.124 Sexual and other types of harassment: acting with intent to frighten, threaten, alarm, annoy or to exhibit conduct that is pervasive, unwelcome, derisive or coercive, demeaning, humiliating, that subjects one to the demands of another; unsolicited indecent proposition; suggestive inappropriate, language, drawings, etc. on clothing; aforementioned unacceptable behaviors, i.e., hazing, pornography, sexting, etc. may be defined as harassment in some instances
3.4.3 Behaviors that threaten, can lead to violence
126.96.36.199 Hazing or initiation rites which belittle, ridicule, embarrass, intimidate, threaten, cause pain or suffering, or force individual to act in such a way as is contrary to his wishes, or acts that violate state laws
188.8.131.52 Extortion: obtaining money and/or information, or personal property from another by coercion or intimidation; blackmail
184.108.40.206 Weapons: possession and/or threatened use of any firearm or explosive or any object that reasonably can be considered a weapon or explosive, including firecrackers (See Sevier School District Policy 3075)
220.127.116.11 Criminal mischief: acts that damage or destroy property (vandalize, deface with graffiti, etc.) disrupt or impair service/services to the school (power, phone, etc.), tamper with property belonging to another (remove handle, spray with scent, etc.), throw or shoot projectile (paper wads, water, etc.), other than explosive; act intended to cause another to suffer; may be planned or on impulse; may be unlawful, malicious or playfully executed act
18.104.22.168 Gang activity: participating, promoting, and/or encouraging gang activity; wearing clothing or other items that suggest gang membership; using hand signs; displaying symbols; marking property; coercing, intimidating; anything that symbolizes gang membership. Sevier School District administrators and designees shall have authority to identify student’s behavior as gang-related and may be allowed under District policy to treat such designated behavior as imminently dangerous to students and staff
22.214.171.124.1 Discipline may include, but is not be limited to, any, or all, of the following: 1) requiring student to remove items in violation, 2) confiscating items in violation, 3) removing student from campus/classes until acceptable clothing can be obtained to replace inappropriate items, 4) requiring restitution for any damage, including vandalism or graffiti, 5) enrollment denial or suspension until appropriate plan is made to cover or remove gang related tattoos, 6) suspension, 7) expulsion. (See Sevier School District Policy 3075)
126.96.36.199 Fighting: physical conflict between two or more individuals; engaging in the exchange of blows or contacts, whether by mutual agreement or in defense (response to attack)
188.8.131.52 Assault: to attempt to cause or intentionally, knowingly, or recklessly causing bodily injury to another or to threaten another with bodily injury or to cause physical contact with another when the student should reasonably believe that the other will regard the contact as offensive or provocative (UCA 76-5-102); to attack; a violent physical or verbal attack (Webster's Dictionary); threats to physical well-being of a student or staff member and/or his family, both on and off school grounds. Aggravated assault: an intentional force likely to produce death or serious bodily injury
184.108.40.206 Bullying: a pattern of abuse over time and involves a student being "picked on". Bullying includes physical intimidation or assault; extortion; oral or written threats; teasing; putdowns; name-calling; threatening looks; gestures, or actions; cruel rumors; false accusations; and social isolation.
3.4.4 Behavior that are crimes against property
220.127.116.11 Theft of school property (books, instruments, tools, athletic supplies, etc.) or another individual's property (money, items of clothing, books, notebooks, etc.)
18.104.22.168 Arson: act of knowingly, by means of fire or explosives, damaging a building and/or personal property of others; also to knowingly make false fire report or a false bomb threat. Such action may jeopardize the safety of others, interrupt school schedule, and possibly result in costly search for non-existant bomb or fire
22.214.171.124 Vandalism: destruction of or damage to school property [..."lost or willfully cut, defaced or otherwise injured".... (State Code 53G-8-212)] or property belonging to another individual
126.96.36.199 Graffiti: writing names, slogans, signs, symbols, words, and/or drawings on school buildings, grounds, or other school property (desks, lockers, bleachers, etc.) with any permanent markers, paint, lacquer, etc. or whitewash, chalk, plaster, etc.; anything that mars or defaces property
188.8.131.52 Littering: careless scattering of wastepaper, trash, garbage with no regard for the appearance of premises or the inconvenience to others; failure to properly dispose of one's own trash
184.108.40.206 Burglary: breaking into a school building and/or classroom or other structures owned and operated by the school district with intent to steal, damage, or destroy
220.127.116.11 Trespassing: to enter or remain in an unauthorized place or to refuse to leave school property or event upon request
3.4.5 Inappropriate behaviors of personal choice
18.104.22.168 Gambling (betting, cards, dice, games of chance, electronic games, etc.) that involves exchange of monies or collateral; risking something of value on the chance of winning something else of value
22.214.171.124 Cheating: changing grades, falsifying records, copying other's work, plagiarizing, lying, having another do the work for pay or as a favor, etc.
126.96.36.199 Loitering: occupying an unauthorized place on or near the school or school grounds, property, or activities
188.8.131.52 Drugs/alcohol/tobacco/vape: possession, use, sale, distribution of any controlled substance (including prescription drugs), imitation/counterfeit controlled substance, alcohol, tobacco, vape products, or electronic/vapor cigarettes ; being intoxicated or under the influence of any controlled drug, alcoholic beverage, inhalant or injected narcotic; carrying drug paraphernalia; consorting with others who possess or are using drugs or alcohol (See Sevier School Policies 3075)
184.108.40.206 Inappropriate clothing: suggestive and/or indecent language, drawings, etc. on clothing; and/or slogans that promote substances illegal for minors (See Sevier School District Policy 3030: Dress and Grooming Standards)
220.127.116.11 Truancy: sluffing, leaving school without permission; students are expected to be in attendance and in all scheduled classes or at school-sponsored event unless properly excused (See Sevier School Policy 3020)
3.4.6 Any unlawful act
18.104.22.168 Any unlawful act: misconduct, offense, misdemeanor, felonies, and/or any infraction of the law that is subject to suspicion, arrest, trial, prosecution, fine, punishment, confinement; an act committed intentionally, knowingly, recklessly, with criminal negligence, offenses for which perpetrator is subject to intervention by the law and to legal responsibility for his acts; any of the aforementioned offenses which may require the involvement of law enforcement agencies
4. REPORTING AND CONTROL
4.1 Students who participate in any prohibited activities and/or negative behaviors as described above are subject to disciplinary action, based on the severity of the violation and its overall effect on the welfare of other students or school personnel, or to disciplinary actions as outlined in other district policies and/or state, county, and city laws.
4.2 It will be the responsibility and obligation of school personnel, students and staff, to monitor conduct and report to the principal, assistant principal or designee any behavior that is inappropriate as identified in Section III or for other unacceptable activities.
4.3 Utah Code Section 42A-11-404 provides that an educator who, in good faith, makes a report under this chapter is immune from liability, civil or criminal, that might otherwise result from that action. Immunity is extended also to any person, official, or institution participating in good faith in making a report. (78-3E-3) The principal, upon receiving a report, shall immediately report that to the student’s parent/guardian, and report the violation to an appropriate law enforcement agency or official.
4.4 The procedures that must be followed to suspend and/or expel a student are found in the Sevier School District Policy # 3075, Student Suspension/Expulsion.
5. SEARCHES AND SEIZURES
5.1 Authorized administrators: Superintendent, Assistant Superintendent (or designee), principal, or vice-principal (or designee) may conduct searches if there is a reasonable suspicion that controlled substances, alcohol, tobacco, vape products, weapons or any such objects defined in this policy may be found. Searches may be on suspect person or property and will be done in accordance with standards established by the US Supreme Court and the State of Utah. When use or possession, either on one’s person, in one’s locker, in one’s handbag or book bag, in one’s automobile if on school property, or otherwise in one’s possession, has been verified, parents/guardians and the proper law enforcement agencies shall be notified. Note: School lockers and school desks are not personal property and may be searched at any time.
5.2 Any controlled substance or product as defined in Section III found during a reasonable search will be confiscated and given as evidence to the investigating law officers.