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 § 53A-11-903(2)(a) (2007)

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 § 53A-11-903(2)(b) and (c) (2007)

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.

1. 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 above.
      2. Frequent or flagrant willful disobedience, defiance of proper authority, or disruptive behavior, including the use  of foul, profane, vulgar, or abusivelanguage.
      3. Willful destruction, defacing, or damaging of school property.
      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 theschool.
      5. Disruptive behavior, as defined above. (#21)
      6. Possession or use of pornographic material on school property that would constitute a misdemeanor offense  under Utah Code Ann. § 76-10-1235. This includes accessing such material through the District computer network or by using any District-owneddevice.
      7. Bullying, harassment, cyber bullying, retaliation, and making false allegations of bullying, bullying or retaliation. See PolicyJGA.
      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 PolicyJFCI.
   3. 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
   4. 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 PolicyJFCI.
   5. Engaging in, assisting, permitting, or otherwise being involved in hazing, as provided by the District's policy prohibiting hazing. See Policy JGA.
      tah Code § 53A-11-902(5) (2010) Utah Code § 53A-11-904(1) (2010) Utah Code § 53A-3-501 (1998) Utah Code § 53A-11-908 (2010)
   6. 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)
   7. Engaging in conduct that contains the elements of any felony.
   8. Gang-relatedactivity
2. Conduct Which Requires Suspension o rExpulsion
   1. A student shall be suspended or expelled from school for participation in any serious violation affecting another student or a staff member, or any 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 PolicyJFCI.
      2. 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.
      3. The use of any device or any electronic device or camera to threaten, intimidate or embarrass another or to capture and transmit test information or any other information in a manner constituting fraud, theft or academic dishonesty will result in an immediate suspension of not less than three (3) days nor more than ten (10)days.
      4. The use of any device in a manner which may be physically harmful to another person, such as shining a laser in the eyes of another student, will result in an immediate suspension of not less than three (3) days nor more than ten (10) days. When a student repeatedly engages in such behavior, the punishment may be increased as is appropriate.
         Utah Code § 53A-11-904(2) (2010)
         Utah Code § 76-5-102 (2003)
         Utah Code § 76-5-102.3 (1992)
3. Conduct Which Requires 1-year Expulsion
   1. 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 participates in any serious violation affecting another student or a staff member, or any  serious violation when it occurs  in a school building, in or on school property; or in conjunction with any school sponsored activity including one of the following violations:
      1. possession, control, or actual or threatened use of a real weapon, explosive, or flammable device ormaterial;
      2. the actual or threatened use of a look-alike or pretend weapon with intent to intimidate another person orto disrupt normal schoolactivities.
         Utah Code § 53A-11-904(2)(b) (2010)
4. Discipline Rules for Students WithDisabilities
   1. Federal and state laws impose particular requirements regarding discipline of students identified as having a disability. Discipline  of such students must comport with the requirements set forth below for students withdisabilities.

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. RemedialMeasures
   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 isrequired.
   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 guardian. 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.
      1. 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 work.
      2. 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.
      3. No penalty may be assessed for damages which may be reasonably attributed to normal wear and tear.
         Utah Code § 53A-11-806 (2008)
2. DisciplinarySanctions
   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 § 53A-3-415 (1991)
   2. Involuntary transfer. Involuntary transfer to another school, campus, community-based alternative school or other special program within theDistrict.

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 § 53A-11-905 (2007)

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.

1. Short-term Suspension
   1. Informal due process hearing. A school principal may suspend a student for up to ten (10) school days for a violation. 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 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 grounds. 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 thestudent.
      Utah Code § 53A-11-905(5)(a) (2007)
   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 telephone.  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:
   5. That the student has been suspended.
   6. The grounds for thes uspension.
   7. The period of time for which the student is suspended.
   8. The date, time and place for the parent or guardian and student to meet with the principal or assistant principal to review the suspension. 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 § 53A-11-905(4) (2007)  Utah Code § 53A-15-1503(10)(b)(2014)
   9. Notice of recommended expulsion or long-term suspension. 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.
   10. 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 respond. 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 theproblem.
       Utah Code § 53A-11-905(5)(b), (c) (2007) Utah Code § 53A-15-1503(10)(b) (2014)

4. Long-term Suspension orExpulsion

1. Due process hearing. 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 recommended. 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)
3. Conduct of hearing. The Superintendent or the Superintendent's designee shall preside at and conduct the hearing at the appointed time and place. 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 protectwitnesses.
   Wagner v. Ft. Wayne Community Schools, 255 F. Supp. 2d 915 (N.D. Ind. 2003)
   Utah Code § 53A-11-905 (2007) Utah Code § 53A-11-906 (2007)
4. 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 evidence. Following its review,  the Board may accept, modify, or reject the recommendation, or impose other disciplinary sanctions.  This decision is final.
   Utah Code § 53A-11-905(3) (2007)
5. 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 expulsion. This hearing shall be held before the Superintendent or the Superintendent's designee, and shall be attended by the student and a parent or guardian of the student. At this hearing, the Superintendent shall determine:
   1. what conditions must be met by the student and the student’s parent or guardian for the student to return to school;
   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 oncompliance with the conditions established by the Superintendent, then the Superintendent shall submit that recommendation to the Board of Education.  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)
6. 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 Weapons on School Property—

Whenever a student is found on school property during school hours or a school sponsored activity in possession of a dangerous weapon and that information is reported
to or known by the principal, the principal shall notify appropriate law enforcement personnel as well as school and District personnel who, in the good faith opinion of the principal should be informed.
Utah Code § 53A-11-1101 (1994)

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 measures. 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 orguardian.
   Utah Code § 53A-11-907 (2007)
3. Review of student progress. 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 § 53A-11-907(4)(b) (2007)
4. 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 Ann. § 53A-11-907(4)(a) (2007)

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 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.
2. 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 student.

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 Lockers. 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 students
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 schoolproperty.
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 evidence.
   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.
   4. Under no circumstances may school officials require students to remove any other clothing or touch students in any way during the search.
   5. 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.
5. Confiscation of Contraband. All contraband discovered in a search by school officials shall be immediately confiscated and turned over to law enforcement officers.