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Safe Schools Policy

Approved 12/8/04
Amended:  6/22/05,8/12/15, 11/8/17, 09/11/19, 8/14/24

Philosophy—

The Board of Education of South Sanpete School District recognizes that every student in the schools should have the opportunity to learn in an environment that is safe, conducive to the learning process, and free from unnecessary disruption. Every student is expected to follow rules of conduct and to show respect for the personal, civil, and property rights of all members in the school community. Parents/guardians are expected to assume proper legal responsibility for their student’s behavior, cooperate with school officials in encouraging student self-discipline, and discourage behavior that is disruptive to the District’s Educational Program.

Definitions—
  1. Suspension - means removal of a student from the student's regular classroom assignment for a definite period of time.
    1. If the student is served solely under a Section 504 plan, “out- of-school suspension” means excluding the student from school for disciplinary purposes for one day or longer; and
    2. If the student is a student with disabilities under IDEA, “out-of-school suspension” means the temporary removal of the student from the student’s regular school to another setting for disciplinary reasons.Utah Admin. Rules R277-100-2(33) (March 11, 2024)
    1. “In-school suspension” means a temporary removal from the student’s regular classroom for at least half a school day while remaining under the direct supervision of school personnel.
    2. “Out-of-school suspension” means removal of the student from school grounds for disciplinary reasons, except:
  2. Short-term suspension - means an out-of-school suspension with exclusion of the student from the school, school grounds, and school activities and functions for a specific period of time that is equal to or less than 10 school
  3. Long-term suspension - means an out-of-school suspension with exclusion of the student from the school, school grounds, and school activities and functions for a specific period of time that is greater than 10 school days.
  4. Expulsion - means termination of the student's status as a student enrolled in the school. Expulsion may be for an indefinite or fixed period of
  5. Involuntary transfer - means reassignment of a student from one school, campus, or academic program, to a different school, campus, or academic program within the District. Involuntary transfer may be for an indefinite period of time or for a fixed period of time.
  6. School district location - means in any school building or on any school premises; on any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or school activities; off school property at any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district.
  7. Disruptive behavior - means conduct which unreasonably interferes with the educational process or instruction of students in the classroom or elsewhere, including foul, profane, vulgar or abusive language.
    Utah Code § 53A-11-904 (2010).
“Bullying” means intentionally committing a written, physical, or verbal act that a reasonable person under the circumstances should know or reasonably foresee will have one of the following effects:
  1. causing physical or emotional harm to the school employee or student:
  2. causing damage to the school employee or student’s property;
  3. placing the school employee or student in reasonable fear of:
    1. damage to the school employee’s or student’s
    2. harm to the school employee’s or student’s physical or emotional well- being; or
  4. creating a hostile, threatening, humiliating, or abusive educational environment due to:
    1. a power differential between the bully and the target; or
    2. the pervasiveness, persistence, or severity of the actions; or
  5. substantially interfering with a student having a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits.
    Utah Code § 53G-9-601(3) (2024)
  6. Communication - means the conveyance of a message, whether verbal, written, or electronic.
    Utah Code § 53G-9-601(4) (2024)
  7. Cyber-Bullying - means
    1. Using the Internet, a cell phone, or another device to send or post text, video, or an image with the intent or knowledge, or with reckless disregard, that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the electronic communication.
    2. In addition, any communication of this form that is generated off- campus but causes or threatens to cause a material and substantial disruption at school or interference with the rights of students to be secure may also be considered cyber-bullying.
      Utah Code § 53G-9-601(5) (2024)
  8. Harassment - means repeatedly communicating to another individual, in an objectively demeaning or disparaging manner, statements that contribute to a hostile learning or work environment for the individual.
    Utah Code § 53A-11a-102 (2011)

“Hazing” means a school employee or student intentionally, knowingly, or recklessly committing an act that:

  1. meets one of the following:
    1. endangers the mental or physical health or safety of an individual; or
    2. involves any brutality of a physical nature, including whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;
    3. involves consumption of any food, alcoholic product, drug, or other substance or other physical activity that endangers the mental or physical health and safety of a school employee or student; or
    4. involves any activity that would subject a school employee or student to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects a school employee or student to extreme embarrassment, shame, or humiliation; and either;
    5. is committed for the purpose of initiation into, admission into, affiliation with, holding office in, or as a condition for membership in any school or school sponsored team, organization, program, club, or event; or
    6. is directed toward an individual whom the actor the act knows, at the time the act is committed, is a member of, or candidate for membership in, a school or school sponsored team, organization, program, club, or event in which the actor also participates.
    7. The conduct described above constitutes hazing, regardless of whether the individual against whom the conduct is committed directed, consented to, or acquiesced in, the conduct.
      Utah Code § 76-5-107.5 (2022)
  1. Retaliate - means an act or communication intended
    1. as retribution against a person for reporting bullying or hazing; or
    2. to improperly influence the investigation of, or the response to, a report of bullying or hazing.
  2. Weapon - means "dangerous weapon," which includes any firearm or any object that is used for, or is readily capable of, causing death or serious bodily injury. "Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or any device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. The following factors are used in determining whether an object other than a firearm is a dangerous weapon:
    1. the location and circumstances in which the object was used or possessed;
    2. the primary purpose for which the object was made;
    3. the character of the wound, if any, produced by the object's unlawful or improper use;
    4. the manner in which the object was unlawfully or improperly used;
    5. whether the manner in which the object is used or possessed constitutes a potential imminent threat to public safety; and
    6. the lawful purposes for which the object may be
    7. Possession of a weapon by a student shall not violate this policy if possession is approved in writing by the responsible school administrator or if the item or material is present or to be used in connection with a lawful activity approved in writing by the responsible school administrator before the material in question is brought on school premises. (Persons under 21 years of age are not permitted to carry concealed firearms on school premises even if they have a permit or provisional permit to carry a concealed firearm.)
      Utah Code § 76-10-501(6), (10) (2023) Utah Code § 76-10-505.5 (2024)
  3. Unlawful conduct - means any conduct by a student which violates any local, state, or federal law or regulation, or violates any District or school policy, or violates the legal rights of another person, and  includes, but is not limited to, the following:
    1. Harassment: occurs when a student, with intent to frighten or harass another, communicates a written or recorded threat to commit any violent felony.
      Utah Code § 76-5-106 (2022)
    2. Burglary: means entering or remaining in a building or any portion of a building with the intent to commit an additional
      Utah Code § 76-6-202 (2023)
    3. Theft: means obtaining or exercising unauthorized control over the property of another with the purpose to deprive him or her Utah Code § 76-6-404 (2023)
    4. Criminal mischief: criminal mischief means recklessly or willfully shooting or propelling a missile or other object at or against a motor vehicle, bus, airplane, locomotive, train, railway car, or caboose, whether moving or standing, or intentionally and unlawfully tampering with the property of another so as to recklessly endanger human life, health, or safety or recklessly causes or threatens a substantial interruption or impairment of critical infrastructure.
      Utah Code § 76-6-106 (2023)
    1. Assault: assault means an attempt, with unlawful force or violence, to inflict bodily injury on an individual.
      Utah Code § 76-5-102 (2022)
    2. Gang
      Utah Code § 76-9-801 to 804 Utah Code § 76-9-901 to 907
    3. Willfully defaces or otherwise damages school Utah Code § 53G-8-212 (2021)
    1. Making a false alarm: a student makes a false alarm if he or she initiates or circulates a report or warning of any fire, impending bombing, or other crime or catastrophe, knowing that the report or warning is false or baseless and is likely to cause the evacuation of any building or public transport; improper activation of school alarms or safety systems.
      Utah Code § 76-9-105 (2017)
    1. Disrupting the operation of a school: Disrupting the operation of a school occurs when a person, after being asked to leave by a school official, remains on school property for the purpose of encouraging or creating an unreasonable and substantial disruption or risk of disruption of a class, activity, program, or other function of the
      Utah Code § 76-9-106 (1992)
    1. Threat of Terrorism: A student commits a threat of terrorism if the student threatens to commit an offense involving bodily injury, death, or substantial property damage, and the student:
      1. Threatens to use a weapon of mass destruction or hoax weapon of mass destruction; or
      2. The student acts with intent to:
        1.        Influence or affect a government or unit of government or intimidate or coerce a civilian population; or
        2.         Cause action of any nature by an official or volunteer agency organized to deal with emergencies due to the student’s conduct posing a serious and substantial risk to the general public; or
        3.         Prevent or interrupt the occupation of a building or a portion of a building, a place to which the public has access, or a facility or vehicle of public transportation operated by a common carrier.
          Utah Code § 76-5-107.3 (2022)

    It is the policy of South Sanpete School District to promote a safe and orderly school environment for all students and employees. Accordingly, the District holds all students, employees, and other adults to the highest standards of behavior on school grounds and during school-sponsored activities. Criminal acts, acts that create an imminent danger, or disruptive behavior of any kind will not be tolerated. Any individual who engages in such activity will be subject to school/District disciplinary action, criminal prosecution, or both.

    Publication of Safe Schools Policy—

    A copy of this policy shall be given to each student upon enrollment in the school. Each student transferring to a school in the District who was not attending a school in the District prior to the transfer shall receive a copy of this policy. When a copy of this policy is provided to a student, a copy shall also be provided to the student's parent or guardian.
    Utah Code § 53G-8-204(2)(a) (2024)

    A copy of this policy shall be posted in a prominent place in each school in the District. Any significant change to this policy shall be posted in each school in the District, and a copy of the revised policy shall be distributed to the students in each school.
    Utah Code § 53G-8-204(2)(b), (c) (2024)

    Conduct Warranting Discipline—

    A student may be disciplined for the conduct described below. The type of the discipline imposed will depend on the nature of the particular conduct.

    Conduct Which May Warrant, But Does Not Require Suspension or Expulsion:

    These situations will normally be handled by the administration at the school level:

    1. A student may be disciplined for any of the following conduct when it occurs in a school building, or on or in proximity to school property; in conjunction with any school sponsored activity; in or on a school vehicle; is directed at or against another student or a District employee; or when it threatens harm or does harm to the school, school property, a person associated with the school, or property of a person associated with the school.
      1.        Any unlawful conduct, as defined
      2.          Frequent or flagrant willful disobedience, defiance of proper authority, or disruptive behavior, including the use of foul, profane, vulgar, or abusive language
      3.          Willful destruction, defacing, or damaging of school
      4.           Behavior, or threatened behavior, which poses an immediate and significant threat to the welfare, safety or morals of other students or school personnel or to the operation of the
      5.           Disruptive behavior, as defined (# 21)
      6.           Possession or use of pornographic material on school property that would constitute a misdemeanor offense under Utah Code § 76-10-1235. This includes accessing such material through the          District computer network or by using any District-owned device.
      7.           Bullying, harassment, cyber bullying, retaliation, and making false allegations of bullying, bullying or See Policy JGA.
      8.           Any use of an electronic device or camera to record sounds or images or otherwise capture material in an unauthorized setting or at an unauthorized time shall subject the user of the device to       
             increased discipline based on the circumstances and whether the student has been involved in prior violations of this policy
    2. Selling, giving, delivering, transferring, possessing, controlling, or distributing an alcoholic beverage on or in proximity to school property or at any school sponsored event. See Policy JFCI
    4.   Selling, giving, delivering, transferring, possessing, controlling, or distributing tobacco products on or in proximity to school property or at any school sponsored event. Students shall not smoke or use tobacco products on school property or at any school-related or school-sanctioned activity on or off school property. "Tobacco products" including electronic cigarettes as defined by state law.
      Utah Code § 76-10-101
    5. Being under the influence of an alcoholic beverage or controlled substance on or in proximity to school property or at any school sponsored event. See Policy JFCI.
    6. Engaging in, assisting, permitting, or otherwise being involved in hazing, as provided by the District's policy prohibiting hazing. See Policy JGA.
      Utah Code § 53G-8-205(1) (2024) Utah Code § 53G-8-602 (2018) Utah Code § 53G-8-209 (2020)
    7. Engaging in conduct that contains the elements of the offense of arson or aggravated arson under the Utah Criminal Code.
      Utah Code § 76-6-102 (2013)
      Utah Code § 76-6-103 (1986)
    8. Engaging in conduct that contains the elements of any
    9. Sexual
    10. Gang-related activity
    Conduct Which Requires Suspension or Expulsion

    A student shall be suspended (out-of-school suspension) or expelled from school for a serious violation affecting another student or a staff member, or a serious violation when it occurs in a school building, in or on school property; or in conjunction with any school sponsored activity including:

    1. The sale, control, delivery, transfer or distribution of a drug or controlled substance, as defined in Utah Code § 58-37-2, an imitation controlled substance, as defined in Utah Code § 58-37b-2, or drug paraphernalia as defined in Utah Code § 58-37a-3 (See Policy FHAA); or
    2. The actual use of violence or sexual misconduct; or
    3. The actual or threatened use of a look-alike weapon with intent to intimidate another person or to disrupt normal school activities; or
    4. Commission of an act involving the use of force or the threatened use of force which if committed by an adult would be a felony or class A misdemeanor; or
    5. Making a false report of an emergency at a school under Utah Code 76-9- 202.
      Utah Code § 53G-8-205(2)(a) (2024)
      Utah Code § 76-5-102 (2022) Utah Code § 76-5-102.3 (2022)
      Utah Code § 76-9-202 (2024)
    Conduct Which Requires 1-year Expulsion

    A student shall be expelled from school for not less than one year, subject to the 45-day review process for mandatory year expulsions set forth below, if the student engages in conduct which requires suspension or expulsion (as set out above) and the conduct involves a real or look-alike weapon, explosive, or flammable material.
    Utah Code § 53G-8-205(2)(b) (2024)

    Discipline Rules for Students With Disabilities
    1. Federal and state laws impose particular requirements regarding discipline of students identified as having a Discipline of such students must comport with the requirements set forth below for students with disabilities.
    Remedial Measures and Disciplinary Sanctions—

    Following a determination that a student has committed a violation, the student may be subject to one of the following remedial measures or disciplinary sanctions, as is determined to be appropriate for the violation or as is required by the terms of this policy or other District policies.

    1. Remedial Measures
      1. Continued school attendance subject to the terms of a remedial discipline plan prepared to correct the violation. This remedial measure is available only where the violation is for willful disobedience, defiance of authority, or disruptive behavior when such conduct is not of such a violent or extreme nature that immediate removal from school is required.
      2. Continued school and class attendance accompanied by the student's parent or guardian for a designated period of time. This remedial measure is available only with the consent of the student’s teacher or teachers and the agreement of the student's parent or The parent or guardian must agree to attend all of the student's classes for each day of the suspension. If the parent or guardian fails to attend class with the student, the student shall then be subject to suspension or other discipline in accordance with this policy.
      3. In-school suspension. Attendance in a designated in-school suspension program. Students shall be instructed in the essential elements of the courses in which they are enrolled at the time of removal.
      4. Home-based instruction. Instruction at home, provided that combined days of suspension and assignment to home-based instruction shall not exceed ten (10) school days in a semester.
      5. Voluntary transfer. Voluntary transfer to another school, campus, community-based alternative school or other special program within the District, subject to the admission criteria of such alternative programs.
      6. Withholding grade reports, diplomas and transcripts. If the District determines that school or District property has been lost or willfully cut, defaced or otherwise injured by a student, the District may withhold the issuance of official written grade reports, diplomas and transcripts of the student responsible for the damage or loss until the student or student's parent or guardian has paid for the damages.
      7. If the student and the student's parent or guardian are unable to pay for the damages or if it is determined by the school, in consultation with the student's parent or guardian, that the student's interests would not be served if the parent or guardian were to pay for the damages, then the District shall provide a program of voluntary work for the student in lieu of the payment. In that case, the District shall release the official grades, diploma and transcripts of the student upon completion of the voluntary
      8. If the Department of Human Services or a licensed child- placing agency has been granted custody of the student, that student's records, if requested by the Department or agency, may not be withheld from the Department or agency for non- payment of damages under this section.
      9. No penalty may be assessed for damages which may be reasonably attributed to normal wear and tear.
        Utah Code § 53G-8-212 (2021)
    1. Disciplinary Sanctions
      1. The notice provided for under this policy need not be completed prior to detention of the student if detention is necessary for the student's health or safety.
        Utah Code § 53G-8-203(2) (2024
      1. Students in grades K through six may be detained in school after regular school hours in the event the responsible school administrator determines that such action is justified in disciplining the student. No student may be detained after regular school hours until his or her parent or guardian has received prior notice of the detention to take place on a particular school day.
      2.  Suspension
      3. Involuntary Involuntary transfer to another school, campus, community-based alternative school or other special program within the District.
      4. Expulsion
    Authority to Impose Discipline—

    The Board of Education hereby delegates to each school principal within the District the authority to suspend a student in the principal’s school for up to ten (10) school days, in accordance with this policy.

    When the situation warrants, school officials shall cooperate with resource officers, government agencies, and law enforcement officers who are carrying out official duties. Students may not be released to law enforcement officers unless the student has been placed under arrest or the parent/guardian agrees to the release. An exception to this would be made in the case of investigating child abuse or neglect.

    The Board of Education hereby delegates to the Superintendent the authority to suspend a student for up to one (1) school year.

    The Board of Education has the authority to expel a student for a fixed or indefinite period.
    Utah Code § 53G-8-206 (2019)

    Procedure for Imposing Discipline—

    Remedial measures or disciplinary sanctions may be imposed on a student only after it has been determined, following appropriate due process, that the student has committed a violation. The nature of the due process required depends in part on the magnitude of the penalty to be imposed.

    Short-term Suspension
    1. Informal due process hearing. A school principal may suspend a student for up to ten (10) school days for a Prior to imposing such a suspension, the school principal shall meet with the student, if possible, to discuss the incident(s) and to provide the student an opportunity to respond. The principal shall then determine whether a violation has occurred and whether suspension or other discipline is appropriate. In appropriate cases, the principal shall consider and offer the student alternatives to suspension, including in-school suspension and parental attendance
      1. with the student (where appropriate consent from teachers is obtained).
    2. Short-term suspension pending due process hearing. If the school principal makes an initial determination that the violation warrants long-term suspension or expulsion, the school principal may recommend those sanctions and may impose a short-term suspension pending a hearing on whether those sanctions should be imposed.
    3. Departure from school A suspended student shall immediately leave the school building and grounds following a determination by the school of the best way to transfer custody of the student to the parent or guardian or other person authorized by the parent or applicable law to accept custody of the student.
      Utah Code § 53G-8-206(5)(a) (2019)
    4. Notice of short-term suspension. If a short-term suspension is imposed, the principal or assistant principal shall immediately provide notice to the student’s parent or guardian. Notice shall, if possible, be given by If reasonable efforts to contact the parent or guardian by telephone are unsuccessful, then written notice shall be sent to the parent or guardian. The notice, whether verbal or written, shall include the following:
      1. That the student has been
      2. The grounds for the suspension
      3. The period of time for which the student is
      4. The date, time and place for the parent or guardian and student to meet with the principal or assistant principal to review the This meeting shall be scheduled to occur as soon as is practicable but, in all cases, prior to the end of the tenth day of the suspension.
        Goss v. Lopez, 410 U.S. 565 (1975) Utah Code § 53G-8-206(4) (2019)
    5. Notice of recommended expulsion or long-term If the principal or assistant principal has recommended that the Superintendent expel the student or suspend the student for a period longer than ten days, that fact shall be included in the notice to the parent or guardian.
    6. Meeting to review suspension. At this meeting, the principal or assistant principal shall review with the parent or guardian and student the charges and evidence against the student, and shall provide the student and parent or guardian with an opportunity to During this meeting, the principal or assistant principal may determine whether the suspension previously imposed should be maintained, whether to adopt an alternative remedial measure, or whether the suspension should be terminated. The principal or assistant principal should also discuss with the parent or guardian a plan to avoid recurrence of the problem.
      Utah Code § 53G-8-206(5)(b), (c) (2019)
     Long-term Suspension or Expulsion
    1. Due process If the principal or assistant principal recommends long-term suspension or expulsion, he or she shall notify the Superintendent of that recommendation. The Superintendent shall then schedule a hearing to be held with the student's parent or guardian, the student, and the Superintendent or the Superintendent's designee. The hearing shall be scheduled to take place prior to the tenth day of the student's suspension where possible.
    2. Notice of hearing. The Superintendent shall provide written notice of the date, time and place of the hearing to the student and his or her parent or guardian so as to afford a reasonable opportunity for preparation. The notice shall include a statement of the charges against the student, that a recommendation has been made for suspension of more than 10 days or for expulsion as well as the period of time for which suspension or expulsion has been The statement of the charges against the student shall include the nature of the evidence and the names of any witnesses whose testimony may be used against the student unless confidentiality is required due to the necessity to protect student witnesses.
      Utah Code § 53A-15-1503(10)(b) (2014)
      Wagner v. Ft. Wayne Community Schools, 255 F. Supp. 2d 915 (N.D. Ind. 2003)
    1. Conduct of hearing. The Superintendent or the Superintendent's designee shall preside at and conduct the hearing at the appointed time and The District and the student may each be represented by a person of their choice. Each side may present testimony of witnesses or other evidence, may cross-examine witnesses and may make legal arguments relevant to the issues. However, the District may present hearsay evidence if confidentiality is required due to the necessity to protect witnesses.
      Wagner v. Ft. Wayne Community Schools, 255 F. Supp. 2d 915 (N.D. Ind. 2003)
    1. At the conclusion of the hearing, the Superintendent or designee shall make a final determination of the matter, and shall state his or her determination to those attending the hearing. The determination shall then be placed in writing and mailed to the student and his or her parent or guardian. Upon a finding that the student has engaged in conduct warranting discipline, the Superintendent may determine what discipline or remedial measures are appropriate for the conduct. If the Superintendent determines that the appropriate sanction is expulsion, then that sanction must be authorized by the Board of Education as set out below. Apart from expulsion, the Superintendent may impose any of the available remedial measures or sanctions as are found to be appropriate. In determining the appropriate sanction, the Superintendent shall consider whether alternatives to suspension are appropriate or available.
      Utah Code § 53G-8-206 (2019) Utah Code § 53G-8-207 (2019)
    1. A student may appeal the determination of the Superintendent to the Board of Education by filing a written notice of appeal with the Superintendent within ten (10) days of the date the decision of the Superintendent is mailed to the student. No further hearing will be held. The Board will review the evidence submitted to the Superintendent and the written determination of the Superintendent. The Board may affirm the Superintendent's decision or modify the Superintendent’s decision. The Board's written decision will be issued within thirty (30) days of receipt of the student's written notice of appeal.
    1. Board evaluation of expulsion recommendation. If the Superintendent recommends expulsion for an indefinite or definite period of time, then the Superintendent will transmit that recommendation to the Board of Education along with the record of evidence submitted to the Superintendent. The Board may review the recommendation based on this record or may, at its sole discretion, accept further Following its review, the Board may accept, modify, or reject the recommendation, or impose other disciplinary sanctions. This decision is final.
      Utah Code § 53G-8-206(3) (2019)
    1. Forty-five day review of mandatory one-year expulsions. Where a student has been expelled for one year because of a violation involving a weapon, explosive, or flammable material, a hearing shall be held within 45 days of the imposition of the This hearing shall be held before the Superintendent or the
    1. Superintendent's designee, and shall be attended by the student and a parent or guardian of the At this hearing, the Superintendent shall determine what conditions must be met by the student and the student’s parent or guardian for the student to return to school, including conditions or restrictions required as part of a student reintegration plan;
    2. whether the student should be placed on probation in a regular or alternative school setting and, if so, what conditions must be met by the student to assure the safety of students and staff at the school the student is placed in; and
    3. if it would be in the best interest of both the school District and the student to modify the expulsion term to less than a year, giving highest priority to providing a safe school environment for all students;
    4. if the Superintendent or his or her designee determines that the student should return to school prior to the expiration of the one-year expulsion term, conditioned on compliance with the conditions established by the Superintendent, then the Superintendent shall submit that recommendation to the Board of If the Board of Education approves the return, the student may return to school pursuant to the conditions established.
      Utah Code § 53A-11-904(2)(b) (2010)
    1. A student may be denied admission to a public school on the basis of having been expelled from that or any other school during the preceding 12 months.
      Utah Code § 53A-11-904(3) (2010)
     Evidence in Student Hearings—

    All student disciplinary hearings shall be conducted by the Board or its designee in an executive session. All evidence presented in such hearings shall constitute student educational records and shall be treated as "confidential". The District hereby designates all student records as "protected" under the Government Records Access Management Act. The names of students giving statements used in a student hearing involving other students may be protected and redacted where necessary to protect the students from threats of harm or interference with the educational process.

    Notification of Offense on School Property—

    Whenever a minor commits an offense on school grounds when school is in session or at a school sponsored activity and that information is reported to or known by a school employee, the school employee shall notify the principal. After receiving such a notification, the principal shall notify appropriate law enforcement personnel if permitted under Utah Code § 53G-8-211 as well as school and district personnel who the principal determines should be informed.

    Utah Code § 53G-8-510 (2024)

    Sexual Crimes or Serious Offenses by Students—

    For purposes of this section:

    1. “serious offense” means any of the following:
      1. a violent felony as defined in Utah Code 76-3-203.5, or
      2. an offense that is a violation of Utah Code Title 76, Chapter 6, Part 4, Theft and the property stolen is a firearm; or
      3. an offense that is a violation of Utah Code Title 76, Chapter 10, Part 5, Weapons.
    2. “sexual crime” or “sexual misconduct” means any conduct described in:
      1. Utah Code Title 76, Chapter 5, Part 4, Sexual Offenses, or
      2. Utah Code Title 76, Chapter 5b, Sexual Exploitation Act, or
      3. Utah Code 76-7-102, incest, or
      4. Utah Code 76-9-702, lewdness, or
      5. Utah Code 76-9-702.1, sexual battery. Utah Code § 53G-8-201 (2024)
        Utah Code § 80-6-103(1)(d) (2024)

    When a student commits a serious offense or sexual crime or sexual misconduct on school property, the impact of that misconduct on the school or school facility where the misconduct occurred shall be considered in determining both the discipline to be imposed and the conditions for the student to return to school. Where the misconduct was directed at another student or a school employee, the student may not return to a school where the victim attends or works.

    Utah Code § 53G-8-203(4)(b)(ii) (2024) Utah Code § 53G-8-213(5) (2024)

    When a student commits a serious offense or sexual crime or sexual misconduct in connection with engaging in hazing, the discipline shall include loss of membership in or participation with the related team, organization, program, club, or event and unless a specific substantial justification is established otherwise shall also result in the student being permanently ineligible to participate in any extracurricular activity or association in the District.

    Utah Code § 53G-8-203(4)(b)(i) (2024)

    When a student is suspended or expelled from school because the student has committed a serious offense or sexual crime or sexual misconduct, or when a juvenile court or law enforcement agency provides notice as addressed in Policy FHC, a student reintegration plan shall be established for the student’s return to school as provided for in Policy FHC.

    Utah Code § 53G-8-203(4)(b) (2024) Utah Code § 53G-8-213 (2024)

    Education of Students Subject to Discipline—

    The educational services provided to students subject to discipline will depend upon the nature of the discipline.

    1. Students subject to remedial Students subject to remedial measures such as a remedial discipline plan, class attendance with a parent, or in-school suspension will continue to receive educational services from the District according to the remedial measure. A student transferred to another school or program within the District will receive educational services through that school or program.
    2. Parental responsibility for education. When a student is expelled or is suspended for more than 10 days, it is the responsibility of the student’s parent or guardian to undertake an alternative education plan which will ensure that the student's education continues during the period of the suspension or expulsion. The parent or guardian shall work with designated school officials to determine how that responsibility might best be met through private education, alternative programs offered by the District, or other alternatives which will reasonably meet the student's educational needs. Costs for educational services not provided by the District are the responsibility of the student's parent or guardian.
      Utah Code § 53G-8-208 (2020)
    1. Review of student The District shall contact the parent or guardian of each suspended or expelled student under the age of 16 at least once per month to determine the student's progress.
      Utah Code § 53G-8-208(4)(b) (2020)
    2. Record of disciplined students. The District shall maintain a record of all suspended or expelled students and a notation of the recorded suspension or expulsion shall be attached to the student's transcript.
      Utah Code § 53G-8-208(4)(a) (2020)
    Readmission of Suspended or Expelled Students—
    1. Suspended/Expelled students. A suspended/expelled student may not be readmitted to a public school until the student and the student’s parent or guardian have met with a designated school official to review the suspension and have agreed with the school official upon a plan to avoid recurrence of the violation resulting in suspension. At the discretion of the principal, the student may be readmitted if the student and the student’s parent or guardian have agreed to participate in such a meeting. However, a suspension may not extend beyond ten (10) days unless the student and
    2. the student's parent or guardian have been given a reasonable opportunity to meet with a designated school official to respond to the allegations and proposed disciplinary action.
    3. Expelled students. The Superintendent or his or her designee shall review the expulsion sanction of each expelled student at least once per year and shall report the conclusions of such review to the Board of Education. The Superintendent or his or her designee may make recommendations regarding whether such sanction should be modified or removed, and what conditions, if any, should be imposed on the student’s readmission. If the Board has expelled a student for a set period of time, and has not otherwise specified, at the expiration of that expulsion term a student may enroll at his or her area school on the same terms as a new
    Information Regarding SafeUT Crisis Line—

    The SafeUT Crisis line established by the State through the Huntsman Mental Health Institute provides crisis intervention, including suicide prevention, to individuals experiencing emotional distress or psychiatric crisis. It also provides means for an individual to anonymously report (1) unsafe, violent, or criminal activities, or the threat of such activities at or near a public school, (2) incidents of bullying, cyberbullying, harassment, or hazing, and (3) incidents of physical or sexual abuse committed by a school employee or school volunteer. The Board shall inform students, parents, and school personnel about the SafeUT Crisis Line.

    Utah Code § 53B-17-1202(1) (2024) Utah Code § 53B-17-1204(3) (2024)

    Response to SafeUT Crisis Line Reports—

    The District shall respond to reports received through the SafeUT Crisis Line in accordance with models developed by the State Board of Education.

    Utah Code § 53G-8-203(1)(i) (2024)

    Expected Conduct for Student Leaders—

    Participation in interscholastic athletics, student leadership, other school programs, and other extra-curricular activities is not a constitutionally protected right. Students in these positions and activities are held to higher standards because they become role models for the school and the community. Therefore, students who are suspended or expelled may lose their position or privilege of participation due to a suspension and/or expulsion.
    Utah Code 53A-11-908(a-e) Searches—

    Given the school’s custodial responsibility for children, and the Board’s intent to preserve a safe environment for all students and staff, the Board recognizes that school officials must have the authority to conduct reasonable searches of students and student property.

    Designated school officials, usually the principal, vice principal or designee, have the authority to conduct reasonable searches; and if needed, contact law enforcement officers or other legal agencies.

    1. Student Students have no right or expectation of privacy in school lockers. While lockers are under joint control of students and the school, lockers are solely school property and may be searched at any time by school officials with or without cause. In order to obtain a locker, a student shall be informed of these rules and regulations in the use of any locker assigned to that student.
    2. Students, Student Property, and Student Vehicles. Searches of a student’s person, personal property (coats, hats, backpacks, book bags, purses, wallets, notebooks, gym bags, etc.) or vehicle may be conducted when:
      1. a school official has received reliable information or the student’s conduct creates a reasonable suspicion that a school rule or law has been violated and
      2. the search is reasonably related to the suspicion and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.
      3. Circumstances warranting a search include those in which school officials have reasonable suspicion that the student or student property is concealing weapons, drugs, alcohol, tobacco, unsafe contraband, lost/stolen/misplaced items, or threats upon individuals and/or school property.
    3. Searches of Personal Belongings and Vehicles. Personal belongings and vehicles may be searched by school officials when:
      1. school officials have reasonable suspicion to believe a student is concealing evidence of a policy violation or criminal activity and
      2. the items being searched are capable of concealing
      3. The student may be asked to open personal belongings and vehicles and to turn over personal property for search by a school official.
      4. All searches of student property by school officials shall be witnessed by a third party (such as another administrator, teacher, or police officer) to observe that the search is not excessively intrusive.
    4. Searches of Person
      1. A school official of the same sex as the student being searched shall conduct the search in a private area of the school.
      2. The search shall be observed by a third party of the same sex as the student being searched (i.e., administrator, teacher, police officer).
      3. School officials may ask the student to remove his/her hat, coat, shoes and socks, turn pockets inside out and roll up sleeves to see if the students is hiding contraband.
    5. Under no circumstances may school officials require students to remove any other clothing or touch students in any way during the search.
    7. If this limited search does not turn up suspected contraband and school officials have reasonable suspicion that the student is concealing contraband in his/her inner clothing (i.e., hiding drugs, weapons or other contraband underneath shirts, pants or underwear), law enforcement officers shall be summoned immediately to conduct further search and investigation.
    9. Confiscation of All contraband discovered in a search by school officials shall be immediately confiscated and turned over to law enforcement officers.
    Child Abuse and Neglect—

    Utah law requires that whenever a school employee has reason to believe that a child has been subjected to incest, molestation, sexual exploitation, sexual abuse, physical abuse, or neglect, or observes a child being subjected to conditions or circumstances which would reasonably result in such, he/she shall immediately provide a written and verbal report to that belief and all other relevant information to the school principal, Superintendent, or to the office. That school employee and/or the designated school official shall then contact the Division of Child and Family Services or appropriate agencies. A person who makes a report in good faith shall remain anonymous and shall be immune from civil or criminal liability that might otherwise arise by reason of that report.
    Utah Code 53A-6-502

    Appropriate training shall be made available to school employees on signs, symptoms and procedure of reporting child abuse and neglect.

    Reporting of Child Abuse by a School Employee—

    An employee who has reasonable cause to believe that a student may have been physically or sexually abused by a school employee shall immediately report that belief to both the school principal and the Superintendent. A District administrator, including the Superintendent, who has received such a report or who otherwise has reasonable cause to believe that a student may have been physically or sexually abused by an educator shall immediately report that information to the State Board of Education and to the Utah Professional Practices Advisory Commission.

    Utah Admin. Rules R277-515-3(4)(l) (August 12, 2016) Utah Code § 53A-6-502 (2015)

    Denial of Admission Based on Prior Expulsion—

    A student may be denied admission to a public school on the basis of having been expelled from that or any other school during the preceding 12 months. A suspension or expulsion under this Policy is not subject to the age limitations under Utah Code 53A-11- 102(1).

    Individual School Conduct Policies—

    Each school/teacher within the District shall develop written student conduct policies consistent with this Policy and Utah State Law.

    Prohibition of Corporal Punishment—

    A school employee may not inflict or cause the infliction of corporal punishment upon a child who is receiving services from the school. However, this does not prohibit the use of reasonable and necessary physical restraint or force in self-defense or otherwise appropriate circumstances. This may include, but is not limited to, the following:

    1. to obtain possession of a weapon or other dangerous object in the possession or under control of a child;
    2. to protect a child or another person from physical injury;
    3. to remove from a situation a child who is violent or disruptive; or
    4. to protect property from being

    Utah Code 53A-11-802 Disclaimer—

    This Safe School Policy may not be inclusive in addressing all issues, situations, consequences, and procedures in handling Safe School violations; therefore, the District reserves the right to refer to Utah Code and Utah Administrative Rules in addressing such circumstances.

    Grievance Procedures—

    Policy JECE—Grievance Procedures provides all employees, teachers, students, parents, and associations an equitable process in determining a solution for alleged violations, misinterpretations, abusive conduct, or inequitable applications of school or District policies or practices relative to provisions of anti-discrimination legislation within a specified time period. The complainant may file a complaint with the Office of Civil Rights of the Department of Education at any time prior to, during, or after the grievance process.

    pdfJH_Safe_School.pdf