CCS' Student Code of Conduct 2021-2022

VISION STATEMENT
Every student will have equitable access to engaging learning that prepares them to be competitive, collaborative, and successful in our global world.

MISSION STATEMENT
Cumberland County Schools will provide a safe, positive, and rigorous learning environment to prepare lifelong learners to reach their maximum potential.

STATEMENT OF PURPOSE
An educated citizenry is essential to good government in this country and cannot exist without effective public schools that offer a high-quality education to all students. The purpose of this Student Code of Conduct is to state clearly the standards for acceptable conduct of students. The goal of student discipline is to maintain safe and caring schools to teach students to behave in ways that contribute to academic achievement and school success and to support an exceptional school environment where students and staff are responsible and respectful. As such, school disciplinary measures should be used to preserve the safety of students and staff. Cumberland County Schools is committed to providing an exceptional environment where teaching and learning take place in an atmosphere free from disruption and obstacles that impede learning.

NON-DISCRIMINATION STATEMENT
Cumberland County Schools does not discriminate on the basis of race, color, ethnicity, national origin, religion, sex, genetic information, disability, age, or any other basis prohibited by law with respect to its operations, programs, and activities, and provides equal access to designated youth groups as required by law. Specifically, regarding the prohibition against discrimination on the basis of sex, Cumberland County Schools is committed to ongoing Title IX training and compliance. Inquiries regarding any of Cumberland County Schools' nondiscrimination policies, including those related to Title IX, may be directed to the following:

Name and/or Title: Ms. Sharon President, Title IX Coordinator
Address: P.O. Box 2357, Fayetteville, NC 28302
Telephone No: (910) 678-2328

Inquiries may also be referred to the United States Department of Education, Office of Civil Rights.

GENERAL PROVISIONS
Students should recognize their responsibility to know the contents of this Student Code of Conduct and to ask the local school administration or staff for any clarification. All students, regardless of age, are subject to the rules and regulations of Cumberland County Public Schools. Each local school will review the contents of this handbook with its students.

All students are expected to comply with all rules governing behavior and conduct. It is the responsibility of the principal/assistant principal to investigate fully the cases of students appropriately referred to his/her office for misbehavior, to ensure fair treatment of such students and protection of their procedural and substantive rights, and to determine what, if any, disciplinary action is warranted. The teacher shall have the responsibility and authority to discipline students, except in those cases requiring the attention of the principal/assistant principal.

Unless otherwise specified, and/or with the exception of a Class V violation as later defined, this code shall apply to all students in the system before, during, and after school hours while at school, in any school building, and on any school premises; on any school-owned vehicle or in any other vehicle used to transport students to and from any school or school activities; bus stops; off school property at any school-sponsored or school-approved activity, event, or function, including athletics; and during any period of time when students are subject to the authority of school personnel; to include conduct which occurs off school property which has or is reasonably expected to have a direct and immediate impact on the orderly and efficient operation of the schools or the safety of individuals in the school environment. The principal/assistant principal of the school to which the student is officially enrolled shall be responsible for imposing any disciplinary action upon the student for rule violations occurring away from the student’s home school.

The principal/assistant principal of the school to which the student is officially enrolled shall be responsible for imposing any disciplinary action upon the student for rule violations occurring away from the student’s home school.

Any student who drives a vehicle onto any Cumberland County Schools’ property is responsible for the contents of that vehicle. Prior to coming onto Cumberland County Schools’ property, students should ensure that the vehicle does not contain any contraband which would violate the law or any school rule.

Possession shall be defined as the prohibited item being on the person, in the student’s personal effects, vehicle, locker, desk, or in the immediate control of the student.

In assigning appropriate disciplinary consequences under this Code of Conduct, eligible students will be given all rights as provided by the IDEA, Section 504 of the 1973 Rehabilitation Act and the 1990 Americans with Disabilities Act. Procedures on implementing requirements for students with disabilities are found in Policies Governing Services for Children with Disabilities and Section 504 Procedures and Guidelines handbook.

During the period that a student is suspended or disciplinarily reassigned to an alternative program, he/she is prohibited from entering the grounds of any school in the Cumberland County School system or from attending any school-related functions, including graduation, without the express permission of the building principal. During a period in which a student is long-term suspended or disciplinarily reassigned to an alternative program, the student is prohibited from any Cumberland County School system property other than the alternative school/program to which the student has been reassigned.

Violation of Board policies, this Student Code of Conduct, any behavior management plan or regulations issued by the individual school, or any North Carolina General Statutes may result in disciplinary action including expulsion or suspension of the student from Cumberland County Schools pursuant to the Due Process Procedures for Cumberland County Schools.

Violations of the Cumberland County Schools’ Student Code of Conduct may result in a Disciplinary Reassignment to an alternative education program. If the principal determines that a Disciplinary Reassignment is appropriate, the principal may recommend to the superintendent or his/her designee that the student be reassigned to an alternative educational program.

Disciplinary reassignment of a student to a full-time educational program that meets the academic requirements of the standard course of study established by the State Board of Education and provides the student with the opportunity to make timely progress towards graduation and grade promotion is not a long-term suspension requiring the due process procedures described in Policy 4353 – LongTerm Suspension, 365-Day Suspension, Expulsion.

In addition to the compulsory attendance law, if the student fails to enroll in and regularly attend the alternative educational setting as reassigned, or other appropriate school (e.g. private or charter school, North Carolina Virtual Public School, etc.), the disciplinary reassignment will continue until such time as reassignment to the home school is appropriate as determined by the superintendent or his/her designee. A disciplinary reassignment may continue for a period up to and including that which could be imposed for a long-term suspension. In addition, if the offense(s) leading to the disciplinary reassignment occurs during the final quarter of the school year, the reassignment may include a period up to the remainder of the school year in which the offense was committed and the first semester of the following school year

In the event of any conflict, inconsistency, or omission involving this printed Student Code of Conduct and Board Policies, those policies shall control. Board Policies may be viewed on the CCS website at www.ccs.k12.nc.us., and are incorporated in this Student Code of Conduct by reference.

VIOLATIONS & CONSEQUENCES
Violations of the Student Code of Conduct shall be dealt with in accordance with the guidelines established in the school’s behavior management plan (see Policy 4302 - School Plan for Management of Student Behavior).

Minor Violations

Minor violations of the Student Code of Conduct are those less severe infractions that involve a lower degree of dangerousness and harm. Examples of minor violations include the use of inappropriate or disrespectful language, noncompliance with a staff directive, dress code violations and minor physical altercations that do not involve weapons or injury. Aggravating circumstances, however, may justify treating an otherwise minor violation as a serious violation.

Minor violations of the Student Code of Conduct may result in disciplinary measures or responses up to and including short-term suspension. Further information regarding the procedures for short-term suspensions is provided in Policy 4351 - Short-Term Suspension. Other disciplinary measures or responses may include, but are not limited to, the following:

parental involvement, such as conferences;

time-out for short periods of time;

behavior improvement agreements;

instruction in conflict resolution and anger management;

peer mediation;

individual or small group sessions with the school counselor;

academic intervention;

in-school suspension;

detention before and/or after school or on Saturday;

community service;

exclusion from graduation ceremonies;

exclusion from extracurricular activities;

suspension from bus privileges;

The parent or guardian is responsible for transportation that may be required to carry out the consequence. With the exception of suspension from bus privileges, if a parent or guardian is unable to provide transportation, another consequence will be substituted.

SERIOUS VIOLATIONS
Serious violations of the Student Code of Conduct may result in disciplinary reassignment or any of the other consequences which may be imposed for minor violations. In addition, serious violations that either (1) threaten the safety of students, staff or school visitors or (2) threaten to substantially disrupt the educational environment may result in long-term suspension or expulsion. Certain violations involving firearms or explosive devices may result in a 365-day suspension. Further information about the procedures for disciplinary reassignments is provided in Policy 4354 - Disciplinary Reassignments.

Information regarding the standards and procedures for long-term suspensions, 365-day suspensions and expulsions is provided in Policies 4351 - Short-Term Suspension and 4353 - Long-Term Suspension, 365-Day Suspension, Expulsion. (See also Policy 4333 - Weapons, Bomb Threats, Terrorist Threats and Clear Threats to Safety, for information regarding 365-day suspensions for certain firearms violations.)

SCHOOL BUS BEHAVIOR

School transportation service is a privilege and not a right. The school bus, including bus stops, is an extension of the school. Therefore, the Student Code of Conduct is applicable to incidents occurring on the school bus and at the bus stop area. While riding a school bus, students shall at all times comply with the directives of the school bus driver and all other rules outlined in this code of conduct. Failure to follow directives will result in suspension from riding the bus as determined by the principal/assistant principal.

Discipline on the school bus is the responsibility of the principal/assistant principal of the school where the student is assigned. The principal/assistant principal has authority over students on the bus and at designated bus stops. This authority is delegated to the bus driver. The bus driver has the responsibility and authority for the safe operation of the bus and will refer all students who violate any directives or rules to the principal/assistant principal.

Students shall not attempt to ride a bus unless assigned to it by the principal/assistant principal.

Students shall not board or disembark the bus unless it is their assigned stop.

When students enter the school bus, they shall take their assigned seats quickly and remain seated and face the front at all times.

Students shall not rush to get off the bus.

Students shall not loiter or play near a stopped bus, but shall walk quickly away from the bus to the school building or home.

The following is a nonexclusive list of specific prohibited bus behaviors:

Putting any part of the body outside of the bus;

Throwing objects about the bus or out the windows;

Striking matches or lighting cigarette lighters;

Piling books, musical instruments, lunch boxes, or other objects in the bus aisle;

Using profane and indecent language, tobacco, vaping devices, alcoholic beverages, illegal drugs or substances that mimic the effects of illegal drugs while riding in a bus;

Taking pets or other animals on the school bus;

Making loud or boisterous noises that have the potential of distracting the driver’s attention;

Fighting, playing or scuffling on the school bus;

Tampering with the emergency door or any other part of the bus;

Marring or defacing the bus in any way;

Tampering with the fire extinguishers or first aid supplies;

Harassing or assaulting other students, the driver or bus monitor;

Making obscene gestures; and

Leaving trash or discarded items behind on the school bus or at the bus stop.

BUS MISBEHAVIOR VIOLATIONS

K-5 This violation will result in suspension from the school bus and/or disciplinary action deemed appropriate by principal/assistant principal.

6-12 This violation will result in suspension from the school bus and/or disciplinary action deemed appropriate by principal/assistant principal.

DEFINITIONS

CLASS I VIOLATIONS

DRESS CODE VIOLATION
The dress code violation includes wearing, decorating or adorning clothing that is inappropriate to the learning process. Clothing that reveals undergarments, chest, breasts, navel, buttocks, or any private body part will be considered inappropriate for the school setting. Any article that displays, suggests, promotes, or reveals a lewd, vulgar, unsafe, violent or sexual message through language, images and/or symbols is prohibited.

FALSIFICATION OF INFORMATION
Falsification of information is a false statement meant to deceive or give a wrong impression.

GAMBLING
Gambling means to bet money or wager anything on the outcome of a game, contest, or other event.

HONOR CODE VIOLATION
Cheating, plagiarism, dishonesty, falsification of assignments and signatures, violation of software regulations or copyright laws, and inappropriate computer access are considered honor code violations. Also, selling merchandise, magazines, newspapers, or other property on school grounds, unless the same is an approved school activity, is considered private enterprise and an honor code violation.

INAPPROPRIATE ITEMS ON SCHOOL PROPERTY / USE
Any device disruptive to the school environment to include electronic devices, including but not limited to cell phones, tablets, digital cameras, and laser devices, will not be displayed or utilized while on the school bus or on school premises during the school day unless utilized for educational purposes as approved by the school administration.

INAPPROPRIATE LANGUAGE/DISRESPECT
Any communication used to degrade, disrespect, or that is abusive in nature, whether by signs, symbols, or gestures is prohibited in the school environment.

INSUBORDINATION
Refusal to comply with all appropriate or reasonable directions of principals, teachers, School Resource Officers, substitute teachers, student teachers, teacher assistants, bus drivers, volunteers and all other school personnel who are authorized to give such directions during any period of time when students are subject to the authority of such school personnel.

MEDICATION
Unauthorized possession of any prescription or non-prescription drugs in violation of medication protocol.

POSSESSION/USE OF TOBACCO
The term “tobacco product” means any product that contains or is made or derived from tobacco and is intended for human consumption, including all lighted and smokeless tobacco products, as well as electronic cigarettes, vaporizers, and other electronic smoking devices even if they do not contain tobacco or nicotine.

TRUANCY
Each student will be assigned a school schedule and must adhere to that schedule except when excused by the principal or a teacher authorized to excuse a student.


CLASS II VIOLATIONS

BULLYING
Bullying is a form of harassment. Bullying means the repeated intimidation of others by the real or threatened infliction of physical, verbal, written, electronically transmitted or emotional abuse or through destruction or theft of property of another. Bullying may include, but is not limited to, verbal taunts, name-calling and put downs, rumor spreading, extortion of money or possessions, implied or stated threats, and exclusion from peer groups.

COMMUNICATING THREATS TO A STUDENT
Threatening actions include language that reasonably threatens force of violence and any sign or action that reasonably constitutes a threat of force or violence toward another student.

CYBER BULLYING
Cyber bullying includes but is not limited to the following misuses of any school or non-school technology resources or networks: harassing, threatening, teasing, intimidating, humiliating, embarrassing, terrorizing another student or school employee by sending or posting such inappropriate or hurtful email messages, instant messages, text messages, text/digital pictures or images, or through social media websites and blogs.

DISORDERLY CONDUCT
Disorderly conduct is any action that disrupts the peace and order of the school. Trespassing/Loitering is also included as a part of disorderly conduct. Trespassing to include loitering is the presence of any student on the campus of another school in the Cumberland County School system without the knowledge and consent of the officials of the school he/she is visiting. Any student who has been suspended from school will be considered trespassing if he/she appears on school property during the suspension period without the express permission of the principal.

DISRUPTIVE BEHAVIOR

Disruptive behavior constitutes any physical or verbal action which reasonably could or does substantially disrupt, disturb, or interfere with the peace, order, and/or discipline within the learning environment or during any school-related activity

Disruptive behavior also constitutes any verbal, physical, or visual forms (including cell phone and/or other digital images/recordings/sexting) of a sexual nature that create a hostile or abusive educational environment for other students.

Disruptive behavior also includes the unauthorized photographing and audio and/or video recording of student voices and/or images by cell phone, digital camera, video recorder, or other device on school property or at a school-related activity that is disruptive to the school environment.

Disruptive behavior is also any action, comments, or written messages intended to cause others to fight or which might reasonably be expected to result in a fight.

Disruptive behavior also includes distribution of over the counter medications

No student shall possess or wear any clothing, jewelry, emblems, badges, symbols, signs or other items, which indicate a student’s membership or desired membership or affiliation with a gang.

No student shall possess pyrotechnics and incendiary devices or materials intended to result in an explosion and/or fire on school property, any school sponsored event, or any activity representing Cumberland County schools. Pyrotechnics and incendiary devices include, but are not limited to: lighters, explosive caps for toy pistols, fireworks, snake and glow works, smoke devices, trick noisemakers, wire sparklers, and other sparkling devices.

EXTORTION
Extortion is the use of one’s position or power to obtain property, funds, or patronage.

HARASSMENT-VERBAL
Verbal harassment means to worry, torment, trouble, verbally attack, or irritate persistently any student, school employee, or any other person.

HAZING
To annoy any student by playing abusive or ridiculous tricks upon him, to frighten, scold, or harass him or to subject him to personal indignity is hazing.

POSSESSION OF ALCOHOL
Any student possessing any malt beverages, fortified or unfortified wine, or spirituous liquor, in any amount or form to include any alcoholic beverage on school property owned or leased by the local Board of Education, school bus stop or at any school-sponsored event is prohibited.

POSSESSION OF CHEMICAL AND DRUG PARAPHERNALIA
Possession or delivery of drug paraphernalia or any other item used for inhaling/ingesting any controlled substance, narcotic, alcohol or chemical.

POSSESSION OF COUNTERFEIT ITEMS
Possessing any false item, which, without authorization, bears a trademark, tradename, or other identifying marks, imprint, number or device to include currency, is prohibited.

PROPERTY DAMAGE - LESS THAN $1,000
Damage is intentionally damaging, or attempting to damage, any school property or private property while under school jurisdiction.

THEFT - VALUE LESS THAN $1,000
Theft is stealing, attempting to steal, or possessing stolen property having reason to know it was stolen.

USE OF COUNTERFEIT ITEMS
Use of any counterfeit item, which the person thereof obtains, or attempts to obtain, money, property, services, or some thing of value is prohibited.

CLASS III VIOLATIONS

ADULT TAKING INDECENT LIBERTIES WITH A MINOR
Committing a sexual act with or in the presence of a child under the age of 16 years, by a person at least age 16 and at least five years older than the child, for sexual gratification, regardless of whether force was used, or whether the victim consented.

AFFRAY
An affray is a fight between three or more students on school property or at a school-related activity.

AGGRESSIVE BEHAVIOR
This attempted assault occurs when a student behaves in such a manner as could reasonably cause physical injury to any student or staff member. This definition also includes the accidental striking of an adult while attempting to break up a fight.

ASSAULT INVOLVING USE OF A WEAPON (except firearms)
Assault with a weapon or other object that could reasonably be considered a weapon. A weapon includes any incendiary device defined under Class II, or any weapon or dangerous instrument defined in Class III, or any firearms or explosive device defined in Class IV.

ASSAULT RESULTING IN SERIOUS INJURY
An intentional act or attempt by force or violence to do injury to the person of another that causes reasonable apprehension of immediate bodily harm resulting in one of the following: (1) substantial risk of death, (2) serious permanent disfigurement, (3) a coma, (4) a permanent or protracted condition that causes extreme pain, (5) permanent or protracted loss or impairment of the function of any bodily member or organ, or (6) that results in prolonged hospitalization.

ASSAULT ON SCHOOL PERSONNEL
Attempted or actual hitting, striking, emitting bodily fluids, utilizing any foreign substance, or other use of force upon a school official, employee or school volunteer who is not a student.

ASSAULT ON STUDENT
Attempted or actual hitting, striking, emitting bodily fluids, utilizing any foreign substance, or other use of force upon a student.

ASSAULT / OTHER
Attempted or actual hitting, striking, emitting bodily fluids, utilizing any foreign substance, or other use of force upon a non-student or non-school employee.

BOMB THREATS (dynamite, cartridge, bomb, grenade, mine, or powerful explosive)
Communicating a report, while knowing or having reason to know the report is false, that there is located on any school premises a device designed to cause damage or destruction by explosion, blasting, or burning. Placing on any school premises with the intent of perpetrating a hoax, any device that would appear to a reasonable person to be a bomb or similar instrument capable of causing injury and/or damage. (G.S. 14.69.1 et.seq. or G.S. 14-69.2)

BREAKING / ENTERING OF A SCHOOL BUILDING / PROPERTY
The wrongful breaking or entering of any school building, school-owned vehicle, or secured property of the Cumberland County Board of Education at any time is prohibited. This includes the CCS network, computers, systems, and programs.

BURNING OF A SCHOOL BUILDING
Any person who maliciously and willfully sets fire to, burns or causes to be burned i.e. aids, directs or procures the burning of any school building owned, leased or used by the public schools.

COMMUNICATING THREATS OF MASS VIOLENCE
It is a Class III Violation for any student to, by means of any form of communication, share, state, spread or circulate any sort of threat that an act of mass violence may or will occur on educational property or at any curricular or extracurricular activity sponsored by a school. For purposes of this rule, intent is irrelevant, and examples of covered forms of communication include any oral or written communication, creation of documents, drawings or images, threatening or symbolic gestures, or threatening, distracting, or provoking behavior concerning, directed toward, or in the presence of any person. Additional examples of prohibited forms of communication which violate this rule include creation or dissemination of a “hit list,” list of “people to kill,” list of “people to shoot,” or any statement referencing bringing a weapon to school in order to harm people.

COMMUNICATING THREATS TO AN ADULT
Threatening actions include language that reasonably threatens force of violence and any sign or action that reasonably constitutes a threat of force or violence toward any school employee or any other adult.

FALSE FIRE ALARM
Students will not initiate a false fire alarm on any school premises.

FIGHTING
Fighting is the act of two or more persons involved in a physical conflict such as hitting or kicking another student or other person. A student who is attacked may use reasonable force in self-defense, but only to the extent to free himself/herself from the attack and notify proper school authorities. A student who exceeds this reasonable force may be disciplined even though he/she may not have provoked the fight.

GANG ACTIVITY
Gang activity shall be defined as any act(s) that further promotes gangs or gangrelated activities or which threatens or intimidates another person or disrupts the educational environment on school premises or during any school-sponsored activity which includes, but is not limited to: (1) communicating either verbally or non-verbally (hand signs, gestures, handshakes, slogans, drawings, etc.), to convey membership or affiliation with a gang; (2) defacing school or personal property with gang-related graffiti, symbols or slogans; (3) requiring payment of protection, insurance, or otherwise intimidating or threatening any person related to gang activity; (4) inciting other students to intimidate or to act with physical violence upon any other person related to gang activity; (5) soliciting others for gang membership; (6) committing any other illegal act or other violation of the Cumberland County Schools’ policies that relate to gang activity e.g. gang-related assault on student.

HARASSMENT – SEXUAL
Sexual harassment may consist of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Sexually harassing conduct includes, but is not limited to, deliberate, unwelcome touching that has sexual connotations or is of a sexual nature, suggestions or demands for sexual involvement accompanied by implied or overt promises of preferential treatment or threats, pressure for sexual activity, continued or repeated offensive sexual flirtations, advances or propositions, continued or repeated verbal remarks about an individual’s body, sexually degrading words used toward an individual or to describe an individual, sexual assault, sexual violence, or the display of sexually suggestive drawings, objects, pictures or written materials. Acts of verbal, nonverbal or physical aggression, intimidation or hostility based on sex, but not involving sexual activity or language, may be combined with incidents of sexually harassing conduct to determine if the incidents of sexually harassing conduct are sufficiently serious to create a sexually hostile environment.

HARASSMENT – GENDER-BASED
Gender-based harassment is also a type of harassment. Gender-based harassment may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping but not involving conduct of a sexual nature.

HARASSMENT – OTHER PROHIBITED BASES
Harassment may include, but is not limited to, harassing behavior that is reasonably perceived as being motivated by any actual or perceived differentiating characteristic or motivated by an individual’s association with a person who has or is perceived to have a differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, physical appearance, sexual orientation, or mental, physical, developmental, or sensory disability.

KIDNAPPING
Confining, restraining or removing from one place to another a person, without his/her or the victim’s or a minor victim’s parents’ consent, for the purpose of committing a felony; or holding a victim as hostage or for ransom, or for use as a shield. A parent taking a child in violation of a court order, although it may be a crime, is not kidnapping for this purpose.

OFF-CAMPUS CONSUMPTION OF ALCOHOL/CONTROLLED SUBSTANCES
The rule is violated when a student consumes any amount of alcohol or prohibited substance off-campus and then presents him or herself on school property owned or leased by the local Board of Education, school bus stop, or at any school-sponsored event and a school official detects the physical characteristics of, e.g., odor, slurred speech, erratic behavior, bloodshot/glassy eyes, etc., the student’s consumption of alcohol or prohibited substance.

POSSESSION OF A WEAPON
Possessing, handling or transferring, whether openly or concealed, without educational permission or consent, any BB gun, stun gun, air rifle, air pistol, facsimile of a gun, knife, ice pick, dagger, slingshot, leaded cane, loaded cane, sword cane, machete, switchblade knife, blackjack, metallic knuckles, razors, razor blades, box cutters, pepper spray, mace, ammunition, explosives, explosive making material, chemicals, or any other object that can reasonably be considered a weapon or dangerous instrument.

POSSESSION OF CONTROLLED SUBSTANCES / SELLING
This offense includes possession, distribution or sale by a student of a controlled substance of the N.C. Controlled Substances Act or any counterfeit controlled substance. This includes, but is not limited to, marijuana, synthetic marijuana (Spice or similar product), MDPV and mephedrone (e.g. bath salts) cocaine, methamphetamine, barbiturate, heroin, mescaline, LSD, codeine, opium, ecstasy, vicodin, percocet, oxycontin (or generic derivatives) or any other hallucinogenic drug. Possession shall be defined as the substance being on the person, in the student’s personal effects, vehicle, locker or desk or in the immediate control of the student in any amount or in any form. This offense also includes the unauthorized distribution of any prescription drug.

PROPERTY DAMAGE – MORE THAN $1,000
Damage is intentionally damaging, or attempting to damage, any school property or private property while under school jurisdiction.

RAPE
Rape may be statutory or forcible. Forcible Rape is committed by force and without the consent of the victim, regardless of age. Statutory Rape is committed on a child under the age of 16 by a person who is at least 12 years old and at least four years older than the victim, regardless of whether the victim consented.

ROBBERY WITH A DANGEROUS WEAPON
This includes theft or attempted theft of anything of value from the person of another, or from the area under the immediate bodily control of the other, by using a dangerous weapon or by an act threatening use of a dangerous weapon. A dangerous weapon is any article, instrument or substance that is likely to produce death or great bodily harm. Forcible theft or attempted theft from a person without the use of a dangerous weapon should be reported under Robbery Without a Dangerous Weapon.

ROBBERY WITHOUT A DANGEROUS WEAPON
The taking or attempting to take anything of value from another’s person, by force, or by an act threatening force or violence, which puts a victim in fear, without the use of a weapon. The stealing of someone’s property without the use of force or from a source other than the victim’s person is not included in this offense. If the taking from the person involves use of a dangerous weapon the incident is reported under Robbery With a Dangerous Weapon

SEXUAL ASSAULT/SEXUAL BATTERY
A person is guilty of sexual battery if he/she, for the purpose of sexual arousal, sexual gratification, or sexual abuse, engages in sexual contact with another person by force and against the will of the other person, or if the person being assaulted is mentally disabled, mentally incapacitated, or physically helpless and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless.

SEXUAL MISCONDUCT
No student shall engage in behavior, which is indecent, disreputable, or of a sexual nature to include consensual sex and/or sexual acts.

SEXUAL OFFENSE
Sexual Offense may be forcible or statutory. Forcible Sexual Offense is committed by force and without the consent of the victim. Statutory Sexual Offense is a sexual act committed on a child under the age of 16 by a person who is at least 12 years old and more than four years older than the victim, regardless of whether the victim consented. Statutory Sexual Offense is also sexual acts committed on a person who is mentally handicapped or incapacitated or physically helpless, regardless of whether the victim consented.

THEFT – VALUE MORE THAN $1,000
Theft is stealing, attempting to steal, or possessing stolen property having reason to know it was stolen.

UNLAWFULLY SETTING A FIRE
Intentionally starting a fire or attempting to start a fire or aiding and abetting in the starting or attempting to start a fire without educational permission or consent is prohibited.

USE OF AND/OR DISTRIBUTION OF ALCOHOLIC BEVERAGES
Consumption and/or distribution of an alcoholic beverage in any amount or form on school property owned or leased by the local Board of Education, school bus stop or at any school-sponsored event is prohibited.

USE OF CONTROLLED SUBSTANCES
This offense includes the use of, but not limited to, marijuana, synthetic marijuana (Spice or similar product), MDPV and mephedrone (e.g. bath salts), cocaine, methamphetamine, barbiturate, heroin, mescaline, LSD, codeine, opium, ecstasy, vicodin, percocet, oxycontin (or generic derivatives) hallucinogenic drug or any other chemical or product that may bring about a state of exhilaration or euphoria or otherwise alter the student’s mood or behavior while on school property owned or leased by the local Board of Education, school bus stop, or at any schoolsponsored event.

CLASS IV VIOLATION

POSSESSION OF FIREARM OR DESTRUCTIVE DEVICE
Bringing or possessing a firearm or destructive device on educational property or to a school-sponsored event off of educational property, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, or any firearm muffler or firearm silencer. A destructive device is a bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, device similar to those above. The term shall not include an inoperable antique firearm, a BB gun, stun gun, air rifle, or air pistol.

CLASS V VIOLATIONS
Behavior indicates that the student’s continued presence in school constitutes a clear threat to the safety of other students or school personnel. This includes any student subject to sex offender registration pursuant to N.C.G.S. §14-208.18.

DEATH BY OTHER THAN NATURAL CAUSES
Death by other than natural causes is the killing of a living person done by another person including, but not limited to, murder, manslaughter and death by vehicle.

CLASS I VIOLATIONS
Behaviors that do not significantly violate the rights of others, and do not appear chronic.

Dress Code Violation

Inappropriate Items on School Property / Use

Falsification of Information

Inappropriate Language/Disrespect

Gambling

Medication

Honor Code Violation

Possession/Use of Tobacco

Insubordination

Truancy* * Maximum of two (2) days suspension for each offense

GRADE: Pre-K-5
FIRST OFFENSE: This violation will result in disciplinary action as determined proper by the building principal to include documentation of notification to the parent/guardian.
SECOND & SUBSEQUENT OFFENSE(S): This violation may result in disciplinary action as determined proper by the building principal which may include short-term suspension not to exceed 5 days.

GRADE: 6-8
FIRST OFFENSE: This violation will result in disciplinary action as determined proper by the building principal to include documentation of notification to the parent/guardian and/or In-School Suspension.
SECOND & SUBSEQUENT OFFENSE(S): This violation may result in assignment to In-School Suspension and/or short-term suspension not to exceed 5 days.

GRADE: 9-12
FIRST OFFENSE: This violation will result in disciplinary action as determined proper by the building principal up to and including documentation of notification to the parent/guardian and/or In-School Suspension.
SECOND & SUBSEQUENT OFFENSE(S): This violation may result in assignment to In-School Suspension and/or short-term suspension not to exceed 5 days.

CLASS II VIOLATIONS
Behaviors that significantly violate the rights of others or put others at risk of harm.

Bullying

Hazing

Communicating Threats to a Student

Possession of Alcohol

Cyber Bullying

Possession of Chemical/Drug Paraphernalia

Disorderly Conduct

Possession of Counterfeit Items

Disruptive Behavior

Property Damage - Less than $1,000

Extortion

Theft – Value Less than $1,000

Harassment – Verbal

Use of Counterfeit Items

GRADE: Pre-K-5
FIRST OFFENSE: This violation may result in short-term suspension or other disciplinary measures as deemed necessary by the building principal.
SECOND OFFENSE: This violation may result in short-term suspension up to 10 days.
THIRD & SUBSEQUENT OFFENSE(S): This violation may result in short-term suspension and/or disciplinary reassignment to an alternative program as deemed necessary by the building principal.

GRADE: 6-8
FIRST OFFENSE: This violation may result in assignment to In-School Suspension and/or short-term suspension.
SECOND OFFENSE: This violation may result in In-School Suspension, short-term suspension and/or disciplinary reassignment to an alternative program not to exceed 45 days.
THIRD & SUBSEQUENT OFFENSE(S): This violation may result in short-term suspension and/or disciplinary reassignment to an alternative program or long-term suspension.

GRADE: 9-12
FIRST OFFENSE: This violation may result in assignment to In-School Suspension and/or short-term suspension.
SECOND OFFENSE: This violation may result in short-term suspension and/or disciplinary reassignment to an alternative program not to exceed 45 days.
THIRD & SUBSEQUENT OFFENSE(S): This violation may result in short-term suspension and/or disciplinary reassignment to an alternative program or long-term suspension.

CLASS III VIOLATIONS
Behaviors that significantly violate the rights of others or put others at risk of harm, and violate CCS policies, or North Carolina policies or laws.

Adult Taking Indecent Liberties with Minor

Harassment – Other Prohibited Bases

Affray

Harassment - Sexual

Aggressive Behavior

Kidnapping

Assault Involving Use of a Weapon (except firearms)

Off-Campus Consumption of Alcohol/ Controlled Substances

Assault Resulting in Serious Injury

Possession of a Weapon

Assault on School Personnel

Possession of Controlled Substance/ Selling

Assault on Student

Property Damage – More than $1,000

Assault/Other

Rape

Bomb Threats (dynamite, cartridge, bomb, grenade, mine, or powerful explosive)

Robbery With a Dangerous Weapon

Breaking/Entering a School Building/Property

Robbery Without a Dangerous Weapon

Burning of a School Building

Sexual Assault/Sexual Battery

Communicating Threats to an Adult

Sexual Misconduct

Communicating Threats of Mass Violence

Sexual Offense

False Fire Alarm

Theft – Value More than $1,000

Fighting

Unlawfully Setting a Fire

Gang Activity

Use of and /or Distribution of Alcoholic Beverage

Harassment – Gender Based

Use of Controlled Substance

GRADE: Pre-K-5
FIRST AND SUBSEQUENT OFFENSE(s): This violation may result in out-of-school suspension for up to 10 days and/or disciplinary reassignment to an alternative program depending on the severity of the offense.

GRADE: 6-8
FIRST AND SUBSEQUENT OFFENSE(s): This violation may result in short-term suspension for up to 10 days and/or disciplinary reassignment to an alternative program or long-term suspension depending on the severity of the offense.

GRADE: 9-12
FIRST AND SUBSEQUENT OFFENSE(s): This violation may result in short-term suspension and/or disciplinary reassignment to an alternative program or long-term suspension or expulsion.

CLASS IV VIOLATION
Possession of Firearm or Destructive Device (a weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, or any firearm muffler or firearm silencer. The term shall not include an inoperable antique firearm, a BB gun, stun gun, air rifle, or air pistol.)

GRADES: All grades
PENALTY: This violation may result in a 365-calendar day suspension. The superintendent may modify the consequence pursuant to Policy 4353 - Long-Term Suspension, 365-Day Suspension, or Expulsion or pursuant to Policy 4354 – Disciplinary Reassignment to an Alternative Program.

CLASS V VIOLATIONS
Behavior indicates that the student’s continued presence in school constitutes a clear threat to the safety of other students or school personnel. This includes any student subject to sex offender registration pursuant to N.C.G.S. §14-208.18.

GRADES: 9-12
In accordance with NC General Statute 115C-390.11(a), a local board of education may, upon recommendation of the principal and superintendent, expel any student who is 14 years of age or older whose behavior indicates that the student’s continued presence in school constitutes a clear threat to the safety of other students or school personnel. In accordance with N.C.G.S. §115C390.11(a)(2), a local board of education may expel any student subject to sex offender registration pursuant to N.C.G.S. §14-208.18.

Death By Other Than Natural Causes
PENALTY: Expulsion in accordance with 115C-390.11(a) The local Board of Education shall consider whether there is an alternative program that may be offered by the local school Administrative unit to provide educational services.

CUMBERLAND COUNTY INTERSCHOLASTIC ATHLETICS
Participation in interscholastic sports is an important part of the educational experience in Cumberland County Schools (CCS). Education-based athletics serve as an extension of the classroom and help teach students character and self-discipline skills that will enable them to develop to their highest potential.

As role models for their peers and younger students, those who participate in athletics are held to the highest standards of CCS at all times. Because of the public nature of the athletic programs sponsored by CCS, participating students are representatives of the school system and are expected to conduct themselves in a manner that will reflect the high standards and ideals of their school and community.

All participating students should follow the Student and Athletic Codes of Conduct upon the students’ first day of school and through graduation from high school. These codes remain in effect at all times during the calendar year, including summer months, whether on or off-campus.

Student-athletes are expected to follow all rules in the CCS Code of Conduct, Cumberland County Athletic Code of Conduct, NCHSAA Handbook, and individual school rules at all times.

All rules contained in these handbooks are minimum standards. The coaches, athletic directors, and principals maintain the discretion to require additional expectations

PROVISIONS FOR ENFORCEMENT

A. Temporary Suspension -
The principal/assistant principal may impose a temporary suspension prior to a hearing if the presence of the student creates a direct and immediate threat to the safety of other students or staff, or substantially disrupts or interferes with the education of other students or the maintenance of discipline at the school. In such cases, the principal shall give notice of the charges and an opportunity for an informal hearing as soon as practicable.

B. Short-Term Suspension -
The exclusion of a student from school attendance for disciplinary purposes for up to 10 school days from the school to which the student was assigned at the time of the disciplinary action. A short-term suspension does not include the removal of a student from class by the classroom teacher, principal or other authorized school personnel for the remainder of the subject period or one-half of a school day and/or changing the student’s location to another room or place on the school premises. (4353) A student subject to short-term suspension shall be provided the following:

The opportunity to take textbooks home for the duration of the suspension.

Upon request, the right to receive all missed assignments and, to the extent practicable, the materials distributed to students in connection with the assignment.

The opportunity to take any quarterly, semester, or grading period examinations missed during the suspension period.

C. Long-Term Suspension –
suspension from school, school activities, and school grounds in excess of 10 school days but not exceeding the time remaining in the school year except as provided in G.S. 115C-390.1(b)(7). This long-term suspension must have the approval of the superintendent.

D. Long-Term Suspension – 365 Days –
suspension from school, school activities, and school grounds for a period of 365 days as specified in G.S. 115C-390.10 Gun Possession. This long-term suspension must have the approval of the superintendent.

E. Expulsion –
indefinite exclusion from the Cumberland County School system of a student (1) who is 14 years of age or older and (2) whose behavior indicates that the student’s continued presence in school constitutes a clear threat to the safety of employees or other students. Also, in accordance with N.C.G.S. §115C-390.11(a)(2), a local Board of Education may expel any student subject to sex offender registration pursuant to N.C.G.S. §14-208.18. Expulsion can only be authorized by the Board of Education, upon the recommendation of the principal and the superintendent.

F. Disciplinary Reassignments –
Reassignment to an alternative program

G. Calculation of Days –
number of days refers to days when schools are in session for students except for reference to a 365-day suspension, which refers to calendar days.

H. Mandatory Offenses Reportable to Law Enforcement –
When the principal has personal knowledge, a reasonable belief, or actual notice from school personnel that an act listed below has occurred on school property, regardless of the age or grade of the perpetrator or victim, the school principal must immediately report to law enforcement officials and the Safety/Security Director. The principal shall also notify the superintendent or his/her designee (Safety/Security Director) in writing or by electronic mail regarding any report made to law enforcement under this section. The superintendent or his/her designee shall provide the information to the local Board of Education. The mandatory reportable offenses are as follows:

Assault resulting in serious personal injury

Assault involving use of a weapon

Kidnapping

Possession of controlled substance in violation of the law

Possession of a firearm in violation of the law

Possession of a weapon in violation of the law

Rape

Sexual assault (not involving rape or sexual offense)

Sexual offense

Taking indecent liberties with a minor

I. Mandatory Reporting of Other Serious Violations –
In addition to the 10 reportable offenses listed above any Class III, IV, or V violation must be immediately reported to the Safety/Security Director.

J. Authority to Search –
School officials have authority to conduct reasonable searches and seizures in accordance with CCS’ Board Policy 4342 for the purpose of maintaining a safe, orderly environment and of upholding standards of conduct established by the Board or school.

K. Questioning of Students by School Personnel –
District administrators or the principal of each school, or his/her authorized representative(s), possess legal authority to question students in any reasonable manner in order to investigate possible student misconduct, student health, safety or academic issues, possible child abuse, neglect, or dependency, or possible violations of Board of Education policy.

L. Questioning of Students by Law Enforcement, DSS, or Health Department Personnel –
Law Enforcement, Department of Social Services, or Health Department personnel may question students in order to discharge their official duties, with or without parents present as allowed by law, and those personnel are responsible for protecting the constitutional rights of the students who are questioned. Parents are advised that authorities may question students in a variety of situations, including when a student is suspected of committing a crime, when a student may have been a victim of a crime or child abuse or neglect or dependency, or when a student may possess information regarding criminal activities.

STUDENT ADMISSIONS
In accordance with G.S. 115C-366

(a4) When a student transfers into the public schools of a local school administrative unit, that local Board of Education shall require the student’s parent, guardian, or custodian to provide a statement made under oath of affirmation before a qualified official indicating whether the student is, at the time, under suspension or expulsion from attendance at a private or public school in this or any other state or has been convicted of a felony in this or any other state. This subsection does not apply to the enrollment of a student who has never been enrolled in or attended a private or public school in this or any other state

(a5) Notwithstanding any other law, a local Board of Education may deny admission to or place reasonable conditions on the admission of a student who has been suspended from a school under G.S. 115C-390.5 through G.S. 115C-390.10 or who has been suspended from a school for conduct that could have led to a suspension from a school within the local school administrative unit where the student is seeking admission until the period of suspension has expired. Also, a local Board of Education may deny admission to or place reasonable conditions on the admission of a student who has been expelled from a school under G.S. 115C390.11 or who has been expelled from a school for behavior that indicated the student’s continued presence in school constituted a clear threat to the safety of other students or staff as found by clear and convincing evidence, or who has been convicted of a felony in this or any other state. If the local Board of Education denies admission to a student who has been expelled or convicted of a felony, the student may request the local Board of Education to reconsider that decision in accordance with G.S. 115C-390.12.

STUDENT READMISSIONS
In accordance with G.S. 115C-390.12 and Policy 4362 - Requests for Readmission of Students Suspended for 365 Days or Expelled, all students suspended for 365 days or expelled may, after 180 calendar days from the date of the beginning of the student’s suspension or expulsion, request in writing readmission to Cumberland County Schools.

DUE PROCESS
The Board of Education mandates and the law requires that all students be treated fairly and honestly in resolving grievances, complaints, or suspensions/expulsions. Due process will be defined as fair and reasonable notices and approaches to all areas of student governance and discipline on the part of all school officials. The principal shall give full and complete consideration to the defense or excuses, if any, made by the student and dismiss the charges if not satisfied as to the guilt of the student or reduce the punishment if not satisfied as to reasonableness of the proposed disciplinary action under all the circumstances. Due process procedures will be followed in accordance with Policies 4351, 4353, 4370. A summary of those procedures is provided below. Students and parents should consult the relevant policy for complete information.

When deciding whether to recommend or impose a disciplinary reassignment or long-term suspension, the principal and superintendent may consider the student’s intent, disciplinary and academic history, the potential benefits to the student of alternatives to a disciplinary reassignment or a long-term suspension, and other mitigating or aggravating factors.

Mitigating and Aggravating Factors
When considering the appropriate consequence for specific student misconduct, administrators may consider any relevant mitigating or aggravating factors, including, but not limited to, the student’s intent, disciplinary and academic history, and the potential benefits to the student of alternatives to suspension.

1. Mitigating Factors may include, but are not limited to:

The student’s age, maturity level, developmental level

No recent disciplinary history

Being a passive participant or playing a minor role in the offense

Making appropriate restitution

Reasonably believing the conduct was allowed

Acting under strong provocation

Aiding in the investigation

Making a full and truthful statement admitting guilt at an early stage in the investigation of the offense

Displaying an appropriate attitude and giving respectful cooperation during the investigation and discipline process

2. Aggravating Factors may include, but are not limited to:

Inducing others to take part in the prohibited behavior or occupying a position of leadership or dominance of other participants

Attempting to flee or conceal guilt

Falsely blaming another individual

Receiving money or something of value from the misbehavior

A pattern or history of disciplinary infractions

School based interventions were implemented but student’s behavior did not improve

The misconduct was associated with gang activity

The victim of the misconduct is a teacher or other staff member

Victimizing a significantly younger or smaller student or a student with a known or obvious mental or physical disability

Repetitive blatant disrespect for authority

Taking advantage of a position of trust or confidence to commit the offense

Committing an offense on other school system property

A. SHORT-TERM SUSPENSIONS (10 DAYS OR LESS) (Policy 4351)
Students will be given an opportunity for an informal hearing with the principal/assistant principal before a short-term suspension is imposed. Except in the circumstances described below, a student must be provided an opportunity for an informal hearing with the principal/assistant principal before a short-term suspension is imposed. The principal/assistant principal may hold the hearing immediately after giving the student oral or written notice of the charges against him or her. At the informal hearing, the student has the right to be present, to be informed of the charges and the basis for the accusations and to make statements in defense or mitigation of the charges. Following the hearing, the principal/assistant principal shall provide written notice to the parent of his or her final decision. Initial notice may be by telephone, but it must be followed by written notice no later than two (2) days after the suspension is imposed.

TEMPORARY (IMMEDIATE) SUSPENSION
If the principal/assistant principal witnesses or is made aware of serious student misconduct and believes that immediate removal of the student is necessary to restore order or to protect school property or persons on the school grounds, the principal/assistant principal may suspend the student immediately. In such cases, the principal/assistant principal is not required to conduct a full investigation before suspending the student. In all cases, the minimal due process informal hearing for short term suspensions must be given to the student as soon as is reasonably possible, usually the following school day.

NOTICE TO PARENT OR GUARDIAN THAT A SHORT-TERM SUSPENSION HAS BEEN IMPOSED
The school administrator will notify the student’s parent or guardian in writing that a short-term suspension has been imposed. If English is the second language of the parent, the notice must be provided in English and in the parent’s primary language, when the appropriate foreign language resources are readily available. Both versions must be in plain language and easily understandable. The notice will explain why the student has been suspended and will describe the student’s misconduct. The notice will be provided on the day of the suspension when reasonably possible, but no later than two days after the suspension is imposed

REVIEW OF SHORT-TERM SUSPENSION PROCEDURE
If the parent believes that the principal/assistant principal failed to provide the student with sufficient notice of the charges or opportunity to respond to the charges, then the parent shall have five (5) school days from the date of the principal’s/assistant principal’s decision to make a written request to the superintendent or his/her designee for a review of the suspension procedure. There shall be no right to appeal a short-term suspension to the Board of Education.

B. DISCIPLINARY REASSIGNMENTS (Policy 4354)
Students may be reassigned to an alternative program or school as a disciplinary consequence. The alternative program or school will meet the requirements of the standard course of study and provide the student the opportunity to make timely progress toward grade promotion and graduation. Assignment to an alternative education program is not considered a long-term suspension and will not be reflected as a long-term suspension in the student’s academic records. As applicable, Mitigating and Aggravating Factors as set forth above should be considered before imposing a Disciplinary Reassignment.

Before recommending a student for a disciplinary reassignment, the student will be provided the due process procedures applicable to short-term suspensions, described above.

The principal/assistant principal will provide the student with the due process procedures applicable for short-term suspensions.

If the principal recommends a disciplinary reassignment, he/she shall submit such recommendation to the Associate Superintendent, Student Support Services, for approval/disapproval

A student attending school under a disciplinary reassignment is not eligible for athletic participation and is not permitted on his/her home school campus without prior permission from the principal

The parent shall be provided an opportunity to present any further information to the Associate Superintendent, Student Support Services, regarding the proposed disciplinary reassignment through a Request for a Review of a Disciplinary Reassignment form provided by the principal. The form must be submitted to the Cumberland County Schools’ Student Assignment Office within two (2) school days of the school administrative hearing in order to schedule a Review Hearing. It is recommended that the student on whose behalf the Review Hearing has been requested be present at the hearing in order to provide information related to the underlying incident(s). While attending the Review Hearing the student will not be considered in violation of any accompanying no-trespass directive.

A student is not entitled to appeal a decision to impose a disciplinary reassignment to the local Board of Education.

In addition to the compulsory attendance law, if the student fails to enroll in and regularly attend the alternative educational setting as reassigned, or other appropriate school (e.g. private or charter school, North Carolina Virtual Public School, etc.), the disciplinary reassignment will continue until such time as reassignment to the home school is appropriate as determined by the superintendent or his/her designee. A disciplinary reassignment may continue for a period up to and including that which could be imposed for a long-term suspension. In addition, if the offense(s) leading to the disciplinary reassignment occurs during the final quarter of the school year, the reassignment may include a period up to the remainder of the school year in which the offense was committed and the first semester of the following school year.

C. LONG-TERM SUSPENSION, 365-DAY SUSPENSION, EXPULSION (Policy 4353)
As applicable, Mitigating and Aggravating Factors as set forth above should be considered before imposing a Long-term Suspension, 365-day Suspension, or Expulsion.

Long-term suspension, 365-Day suspension, and expulsion procedures will be followed in accordance with Policy 4353. These procedures include the right to written notice of the proposed discipline and the right to request a full hearing before the disciplinary penalty is imposed.

The school administrative hearing shall be held not less than two (2) school days from the date the Notice of Charges and Hearing was mailed or hand delivered to the parent or legal custodian.

A principal may recommend to the superintendent the long-term suspension of any student who willfully engages in conduct that violates a provision of the Student Code of Conduct that authorizes long-term suspension. Only the superintendent or his/her designee has the authority to long-term suspend a student

Students subject to Long-term Suspension, 365-day Suspension, or Expulsion possess Board appeal and hearing rights pursuant to Policy 4353(B)(4), which may be viewed on the CCS website at: www.ccs.k12.nc.us

PROHIBITION AGAINST BULLYING AND HARASSMENT
The Board of Education believes that all students can learn better in a safe school environment. Cumberland County Schools is committed to ensuring that our students are free from bullying or harassing behavior while at school. Behavior that infringes on the safety of students will not be tolerated. Students and parents are encouraged to report any incidents to school administration as set forth in our anti-bullying and harassment policies and procedures that may be viewed on the CCS website at: www.ccs.k12.nc.us

SAFE AND CARING SCHOOLS
It is the position of the Cumberland County Board of Education to promote the safety and well-being of all students, staff, and visitors in our schools. To further that position, school personnel may employ appropriate seclusion and restraint techniques with students consistent with N.C.G.S 115C-391.1, state and local policies and procedures. The superintendent or his/her designee will provide copies of N.C.G.S. 115C-391.1 to parents/guardians and school personnel at the beginning of each year through the Cumberland County Schools’ website or other appropriate method.

SAFE AND DRUG-FREE SCHOOLS
In an effort to create in each of our schools an environment highly conducive to learning and in compliance with Safe and Drug-Free Schools Act of 1994 – Title IV, Cumberland County schools provide comprehensive, age-appropriate, developmentally-based drug abuse and violence prevention education for all students from preschool level through grade 12. School-based Student Services teams provide case management, intervention, and referral services and will ensure re-entry into school after treatment for those students who are otherwise entitled to services provided by the Cumberland County Board of Education.

STUDENT DRESS CODE
The Cumberland County Board of Education (Board) believes that the dress and personal appearance of students greatly affect their academic performance and their interaction with other students subject to Policies 4316/4302/4315. The Board requests that parents outfit students in clothing that will be conducive to learning. Generally, dress and grooming standards as determined by the student and his or her parents will be deemed acceptable. However, the Board prohibits appearance or clothing that does the following:violates a reasonable dress code adopted and publicized by the school, including a uniform dress code approved by the Board;

violates a reasonable dress code adopted and publicized by the school, including a uniform dress code approved by the Board;

is substantially disruptive;

is provocative or obscene;

endangers the health or safety of the student or others;

promotes products or activities that are illegal for use by minors

Each local school will establish and publish a dress code applicable to that school. A student who is not in compliance with these policies or a school dress code will be given a reasonable period of time to make adjustments so that he or she will be in compliance. Examples of prohibited clothing include without limitation attire that depicts, promotes, or advertises gang affiliation, offensive words or designs, illegal activity, or the sale, possession, or consumption of illegal drugs, alcoholic beverages or tobacco products, sagging pants, or clothing which contains messages or images which cause, contribute to, or constitute sexual harassment.

Although individual school dress codes may contain certain restrictions on head coverings, consistent with Board of Education Policies 1710, 1730, 3510 and 3515, the Cumberland County Schools will allow students to wear head coverings if they are an expression of a sincerely held religious belief or to reasonably accommodate medical or disability-related issues.

Notwithstanding any other provision of an individual school dress code or this Student Code of Conduct, NO student will receive an out of School Suspension SOLELY on the basis of a dress code violation.

In the event of any conflict between this Student Code of Conduct and an individual school dress code, this Student Code of Conduct shall control.

The Wearing of Masks in Response to COVID-19 or Other Health Concerns
Any masks worn in schools in response to COVID-19 or other health concerns may not contain or depict messages or images that would otherwise be prohibited under Policy Code 4316, "Student Dress Code." Examples of prohibited messages or images are those which are provocative or obscene, substantially disruptive, or which promote or depict illegal activity.

USE OF PERSONAL TECHNOLOGY ON SCHOOL SYSTEM PROPERTY
Each principal may establish rules for his or her school site as to whether and how personal technology devices (including, but not limited to smart phones, tablets, laptops, etc.) may be used on campus. The school system assumes no responsibility for personal technology devices brought to school.

EXPECTATIONS FOR REMOTE LEARNING/VIRTUAL CCS
The standards for behavior and classroom expectations for the virtual (online) classroom environment are as important as the classroom environment in our traditional settings. The virtual classrooms are real classrooms with real teachers, therefore, appropriate student behavior is an expectation aligned with our Strategic Plan: Priority 3, Exceptional Environment.

The following standards and rules, although not intended to be all inclusive, govern these expectations and must be followed:

When students are in front of the camera on their device, they must be in appropriate dress as outlined in School Board policy 4316 Student Dress Code and School Board policy 4300 Student Code of Conduct

Students may not use any communication that will degrade, disrespect, or that is abusive in nature, whether by signs, symbols, or gestures in the classroom environment. Any form of profanity/vulgarity is prohibited.

Students should demonstrate respect toward all other students, faculty and staff members.

Students are expected to log in to their student accounts and individually complete classroom work.

Students should work remotely from home in an area free from distractions and where the learning of others is not disrupted with visuals in the room and/or others in the room who are not invited.

Respect each student’s right to learn

Students should not send unsolicited e-mail to other CCS classmates. All forms of communication should be course-related in nature.

Students should participate in online learning only in their classroom unless invited to another session by the teacher.

Violations of these expectations will result in disciplinary action pursuant to this Student Code of Conduct and may result in the exclusion of the student from the virtual classroom environment.

RIGHTS AND RESPONSIBILITIES

Rights of Students

Students shall have the right to:

Pursue a successful education in a safe environment without disruption

Receive fair and equitable treatment without discrimination in every aspect of the educational system

Be treated respectfully and as an individual

Be informed of their rights, responsibilities, and discipline policies

Responsibilities of Students

All students share with the administration and faculty responsibility to develop a safe learning environment within the school. Students shall have the responsibility to:

Attend school regularly, arrive on time, and bring materials

Respect the personal, civil, and property rights of others

Put forth conscientious effort in classroom work and homework

Groom and dress appropriately

Have knowledge of and conform to school rules and regulations

Not use indecent, obscene, or foul language

Report incidents or activities that may threaten or disrupt the school environment

Rights of Parent/Guardians

Parents shall have the right to:

Receive regular official reports of their child’s academic progress

Receive an explanation for the basis of any grade given by the teacher

Request a conference with the teacher and/or principal

Receive a prompt report of their child’s attendance to class or school

Bring, or have the District provide, an interpreter during disciplinary conferences or hearings, when a parent or student has limited English proficiency and the parent or student requests an interpreter or the school observes that a parent or student’s limited English proficiency would deny them an opportunity to meaningfully participate in the conference or hearing

Responsibilities of Parent/Guardians

Parents/guardians shall have the responsibility to:

Ensure that their children between the ages of 6 and 16 enroll in schools regularly, on time and for the whole school day in accordance with the laws of the State of North Carolina

Present to school officials any concern in a calm, reasoned manner

Work with the school on academic, disciplinary, or other related matters pertaining to their child

Plan the time and place for homework assignments and provide necessary supervision

Talk with their child about school activities and expected behavior

Know the rules set forth in this Student Code of Conduct and review them with their child

Ensure that their child receives the periodic student health examinations that are required by law