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Suspension & Expulsion

SPECIAL CIRCUMSTANCES

Rules and policies set forth in this document are administered at the discretion of the school administrators.  Accordingly, consequences for inappropriate behavior may, under certain circumstances vary from those prescribed above.

 

During suspension, students are not allowed on campus at any time, and they may not participate in school activities, including co-curricular activities.

 

A STUDENT MAY BE SUSPENDED OR RECOMMENDED FOR EXPULSION (ed code 48915C) FOR THE FOLLOWING REASONS:

1.    (a) Caused, attempted to cause, or threatened to cause physical injury to another person.

       (b) Willfully used force or violence upon the person of another.

2.    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.

3.    Unlawfully possessed, used, sold, or otherwise furnished or was under the influence of any controlled substance and alcoholic beverage, or an intoxicant of any kind.

4.    Unlawfully offered, arranged or negotiated to sell any controlled substance, 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.

5.    Committed or attempted to commit robbery or extortion.

6.    Caused or attempted to cause damage to school property or private property.

7.    Stole or attempted to steal school property or private property.

8.    Possessed or used tobacco, or any products containing tobacco or nicotine.

9.    Committed an obscene act or engaged in habitual profanity or vulgarity.

10. Unlawfully possessed, offered, arranged, or negotiated to sell any drug paraphernalia.

11. 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.

12. Knowingly received stolen property or private property.

13. Possession of an imitation firearm.

14. Committed sexual harassment as defined in California Education Code 212.5.

15. Caused, attempted to cause, threatened to cause, or participated in an act of hate violence.

16. Intentionally engaged in harassment, threats, or intimidation directed against a student or group of students that is sufficiently severe to cause disruption, disorder, or cause an intimidating or hostile educational environment.

17. Making terrorist threats against school officials or school property.

 

The principal shall recommend to the Superintendent a student’s expulsion for any of the following acts unless the principal finds, and recommends in writing to the Superintendent, expulsion is inappropriate due to particular circumstances.  Upon review of the case, the Superintendent, or Superintendent’s designee shall either forward the case for an Expulsion Panel Hearing or approve the closure of the case as recommended by the principal, and, in the latter case, shall so inform the Board of Trustees.  Examples of such quasi-mandatory expulsion behaviors include:

     Causing serious physical injury to another person

     Committing an assault or battery on any school district employee or school volunteer;

     Possessing any knife, explosive, or other dangerous object;

     Causing or attempting to cause serious damage to school property such that it may be defined as vandalism under penal code 594;

     Committing or attempting to commit robbery or extortion.

 

Non-Discrimination Statement

The Capistrano Unified School District prohibits discrimination, harassment, intimidation, and bullying in all district activities, programs, and employment based upon actual or perceived gender, gender identity, gender expression, race, ethnicity, color, religion, ancestry, nationality, national origin, ethnic group identification, sex, sexual orientation, marital or parental status, pregnancy, age, physical or mental disability or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics. Reference: AR 1312.3, BP 1312.3 and BP 5183.

Rich Montgomery, Executive Director, Human Resource Services/Compliance
33122 Valle Road, San Juan Capistrano, CA 92675
(949) 234-9200

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