4301 -CODE OF STUDENT CONDUCT

Each student in the Durham Public Schools is responsible for exhibiting the highest standards of behavior. The code of student conduct sets out system wide expectations for student behavior designed to provide the best possible school climate. This code does not restrict the authority of teachers, site-based teams or principals to make individual school or class rules, not inconsistent with this code.
Applicability of Code: All students shall comply with the Code of Student Conduct whenever their behavior might affect good school discipline. This includes any time when students are in attendance at any school, on school property during or after school hours, in a school bus or other school vehicle, at any school-sponsored or school-approved activity, or at any time or place when their conduct has a direct and immediate effect on maintaining order and discipline or protecting the safety and welfare of students, staff or visitors in the schools.

Consequences: Violation of Board policies, the Code of Student Conduct, regulations issued by the individual school or an individual teacher, or North Carolina law may result in disciplinary action. Serious misconduct may result in suspension or expulsion from school.

The principal shall inform students of local school rules that, if broken, may result in suspension from school.

Reports by Principals:

When a principal has personal knowledge or actual notice from school personnel that an act has occurred on school property involving assault resulting in serious personal injury, sexual assault, sexual offense, rape, kidnappings, indecent liberties with a minor, assault involving the use of a weapon, possession of a firearm in violation of the law, possession of a weapon in violation of the law, possession of a controlled substance in violation of the law, assault on a school employee, robbery, armed robbery, homicide, manslaughter, or death by vehicle, the principal shall report the act to the appropriate local law enforcement agency, notify parents/guardians of any alleged student victim of a violent crime and notify the Superintendent or designee. Notification must occur in writing or by electronic mail by the end of the workday in which the incident occurred, when reasonably possible, but not later than the end of the following workday. The superintendent must also provide the information to the school board.

Notice to Community:

Each principal shall work with the site-based committee to develop guidelines on when it is appropriate to notify parents/guardians and the school community when acts listed in the previous paragraph have taken place.

Conduct Standards

4301.1 Rule 1:

Attendance Students shall attend school regularly. Students shall be considered truant and subject to discipline whenever they are absent from class or school without valid excuse.

4301.2 Rule 2:

Participation in Instruction. Each student shall apply himself/herself to an established course of study by completing assignments to the best of his/her ability and on time, and by being attentive and participative in instructional settings. Any student who engages in or attempts to engage in cheating, plagiarism or falsification shall be subject to disciplinary action and/or academic penalty. The following actions are specifically prohibited:

i. Cheating. Cheating includes the actual giving or receiving of any unauthorized aid or assistance or the actual giving or receiving of unfair advantage on any form of academic work;

ii. Plagiarism. Plagiarism includes the copying of the language, structure, idea and/or thought of another and representing it as one's own original work; and

iii. Falsification. Falsification includes the verbal or written statement of any untruth.

4301.3 Rule 3:

Respect of School Personnel. All students must respect the authority of teachers, administrators, and other school personnel.

i. Compliance with Directions. Students shall comply with all reasonable directions of principals, teachers, substitute teachers, student teachers, teacher assistants, bus drivers, and all other school personnel who are authorized to give such directions.

ii. Verbal Abuse. Students may not direct toward any school employee cursing, vulgar, or abusive language.

iii. Assault on School Personnel. No student may assault or attempt to cause physical injury to any school employee or behave in such a manner as could reasonably cause physical injury to any school employee.

iv. Threat/False Threat. No student shall make any threat through written or verbal language or act which conveys a serious expression of intent to cause harm or violence. Furthermore, no student shall make a false threat of harm or violence, even in jest, which causes or is reasonably likely to cause fear or a disruption to school activities.

v. Relationships with School Personnel. No student shall engage in sexually harassing behavior, or any other behavior which is of an overly romantic, affectionate, or sexual nature toward school personnel.

4301.4 Rule 4:

Respect of Other Students. Students shall respect the rights and dignity of fellow students.

i. Bullying and Harassment are prohibited as provided under Board Policy 4411.

ii. Fighting. No student may intentionally hit, shove, scratch, bite, block the passage of, or throw objects at a student or other person. No student shall take any action or make any comments or written messages intended to cause others to fight or which might reasonably be expected to result in a fight.

iii. Assault on Another Student. No student may cause or attempt to cause serious physical injury to another student or intentionally behave in such a manner as could reasonably cause serious physical injury to any student.

iv. Threat/False Threat. No student shall make any threat through written or verbal language or act which conveys a serious expression of intent to cause harm or violence. Furthermore, no student shall make a false threat of harm or violence, even in jest, which causes or is reasonably likely to cause fear or a disruption to school activities.

v. Coercion or Extortion. No student may use force or violence or threat of force or violence to obtain money, property, or personal services from another student.

vi. Hazing. No group or individual shall require a student to wear abnormal dress, play abusive or ridiculous tricks on him/her, frighten, scold, swear, harass or subject him/her to personal indignity.

vii. Peer Relations. No student shall engage in sexually harassing behavior toward another student as provided under Board Policy 4410.

4301.5 Rule 5:

Respect of Property. Students shall respect school property and the property of other students.

i. Theft or Damage to Property. No student may steal or attempt to steal or knowingly be in possession of stolen property or intentionally damage or attempt to damage any school property or private property while under school jurisdiction.

ii. Return of Lost Property. A student must take any property that he/she finds which does not belong to him/her to the principal's office.

4301.6 Rule 6:

Maintenance of a Safe and Orderly Environment. All students shall contribute to the maintenance of a safe and orderly school environment.

i. Beepers, Pagers, and Other Electronic Communication Devices. Students may not possess and/or use in the school beepers, pagers, and or other such electronic or cellular devices without prior approval of a school administrator.

ii. Laser Pointers. Students may not possess and/or use in school or on school property any laser pointer or similar device.

iii. Disruptive Behavior. A student may not use any means to interrupt or interfere with teaching or orderly conduct of school activities.

a. Dress. Appearance or clothing which causes disruption, is provocative or obscene, or which endangers the health or safety of the student or others is prohibited.

b. Gambling. Students may not gamble at school.

c. Disruptive or Indecent Literature or Illustrations. The possession or distribution of literature or illustrations that are vulgar, indecent or obscene or that significantly disrupt the educational process is prohibited.

iv. Weapons and Dangerous Instruments. No student shall possess, handle, or transmit any weapon or dangerous instrument at school or school events. No student shall possess, handle, or transmit any weapon or dangerous instrument at any other time when such conduct has a direct impact on school order or safety. Examples of weapons include, but are not limited to, any loaded or unloaded firearm, including a gun, pistol, or rifle; knives of any kind regardless of size; BB guns or air guns; pepper spray; electric shock devices; box cutters or any sharp pointed or edged instrument except unaltered nail files and clips or tools used solely in instruction. Facsimiles of a gun or other weapon also are prohibited. For purposes of assessing sanctions, firecrackers, sparklers, or other minor explosives are not considered explosives under this section, but are considered to be dangerous instruments under this policy. This policy also shall apply to any item that is actually used in the same manner as a weapon. Gunpowder and ammunition for firearms are weapons for the purposes of this policy.

A student who in any way encourages another student to bring weapons to school also endangers the safety of others. No student shall knowingly or willfully cause, encourage, or aid any other student to possess, handle, or transmit any of the weapons or facsimiles of weapons listed above.
This section shall not apply to students who are members of the Reserve Officer Training Corps and who are required to carry arms or weapons in the discharge of their official class duties; nor does this section apply to weapons used in school-approved instruction or ceremonies. The principal must give prior approval for these exceptions to apply.
The Superintendent and principals shall take steps to publicize the law and this policy to students, employees, and the community, and to enforce this policy vigorously at all schools, school functions, activities, and events.

v. Arson. The use of any material intended or reasonably likely to result in a fire on school property is prohibited unless specifically authorized by school officials.

vi. Bomb Threats. No student shall make or aid and abet anyone in making a false report concerning the existence of a bomb or any other dangerous object on school premises or at the site of school activities. No student shall with the intent to perpetrate a hoax conceal, place or display on school property or the site of school activities any device or artifact so as to cause any person reasonably to believe the same to be a bomb or other destructive device.

vii. False Alarms. No student shall set off, attempt to set off, or aid and abet anyone in setting off a fire alarm at school.

viii. Controlled Substances and Drug Paraphernalia. No student shall possess, use, transmit, conspire to transmit, or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroids or any other controlled substance, or any alcoholic beverage, malt beverage, or fortified wine or other intoxicating liquor, or possess, use or transmit drug paraphernalia or counterfeit drug, or inhale or ingest any chemicals or products with the intention of bringing about a state of exhilaration or euphoria or of otherwise altering the student's mood or behavior.

No student shall be at school with the odor of alcohol or illicit drugs about their person.

The proper use of a drug authorized by valid medical prescription from a legally authorized health care provider shall not be considered a violation of this rule when the drug is taken by the person for whom the drug was prescribed and in the manner in which the drug was prescribed.

ix. Use of Tobacco. Students shall not possess, smoke, or use tobacco products at school, on a school bus, at any school-related activity, or on school grounds at any time.
The first violation of this policy will result in a warning to the student and conference with the student's parent/guardian or custodian in person or by telephone. Every effort should be made to hold the conference within three days of the violation. Further violation of this policy may result in disciplinary action.

x. Trespass. No student may be on the campus of another school in the Durham Public Schools during the school day without the knowledge and consent of the officials of the school she/he is visiting.
Any student who has been suspended from school shall be considered trespassing if she/he appears on any school property during the suspension period without the express permission of the principal.

xi. Threats, Hoaxes, and Other Acts of Terror.

a. No student shall make a report that he or she knows or should know is false, that any device, substance, or material designed to cause harmful or life-threatening illness or injury to another person, is located on school property or at the site of a school activity.

b. No student shall, with the intent to perpetrate a hoax, conceal, place, disseminate or display on school property or at the site of a school activity any device, machine, instrument, artifact, letter, package, material, or substance, so as to cause a reasonable person to believe the same to be a substance or material capable of causing harmful or life-threatening illness or injury to another person.

c. No student shall threaten to commit an act of terror on school property or at the site of a school activity that is designed to cause, or is likely to cause serious injury or death to another person, when the threat is intended to cause, or actually causes, a significant disruption to the instructional day or a school-sponsored activity.

d. No student shall make a report that he or she knows or should know is false, that an act of terror designed to cause, or likely to cause serious injury or death to another person on school property or at the site of a school- sponsored activity is imminent, when that report is intended to cause, or actually cause, a significant disruption to the instructional day or a school-sponsored activity.

e. No student shall aid, abet, and/or conspire to commit any of the acts described in this section.

4301.7 Rule 7:

Conduct on a School Vehicle. Student conduct on the school bus is expected to be the same as conduct in the school and classroom. While riding a school bus or other school vehicle, the student shall observe the directives of the school bus driver. The following conduct may result in temporary or long-term suspension from school transportation services and/or from school:

i. Delaying the bus schedule;

ii. Refusing to obey the driver's instructions;

iii. Tampering with or willfully damaging the school vehicle;

iv. Getting off at an undesignated stop;

v. Distracting the driver's attention by participating in disruptive behavior while the vehicle is in operation; vi. Failing to observe established safety rules and regulations; vii. Willfully trespassing upon a school bus; and viii. Violating any other rule of the CODE OF STUDENT CONDUCT policy while on the school bus or other school vehicle.

4301.8 Rule 8:

Compliance with School Rules. Students shall comply with other rules of the schools designed to maintain a safe and orderly environment conducive to teaching and learning.

4301.9 Rule 9:

Computer Misuse. Individual users of school-provided Internet service and computers are expected to abide by the generally accepted rules of network etiquette. The following are specifically prohibited:

i. Sending or displaying offensive, vulgar, crude, or threatening messages or pictures;

ii. Using obscene language;

iii. Harassing, insulting or attacking others;

iv. Damaging computers, computer systems, software, or computer networks;

v. Violating copyright laws;

vi. Using another's ID/password; vii. Illegal use of data in folders or work files;

viii. Intentionally wasting limited resources. This includes distributing mass e-mail messages, creating and participating in unauthorized news groups, and storing files on file servers without proper authorization.

ix. Employing the network for commercial purposes.

In the event a student engages in any of the above-referenced activities, his/her access privileges will be revoked and other disciplinary measures may result.

4301.10 Rule 10:

Prohibition of Gangs and Gang Activities. No student shall commit any act which furthers gangs or gang-related activities. A gang is any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of criminal acts and having a common name or common identifying sign, colors, or symbols. Conduct prohibited by this policy includes:

i. Wearing, possessing, using, distributing, displaying, or selling any clothing, jewelry, emblems, badges, symbols, signs or other items which are evidence of membership or affiliation in any gang, according to the Superintendent’s or his/her designee’s updated list of gang-related items, symbols, and behaviors;

ii. Communicating either verbally or non-verbally (gestures, handshakes, slogans, drawings, etc.), to convey membership or affiliation in a gang;

iii. Tagging, or otherwise defacing school or personal property with gang or gang-related symbols or slogans;

iv. Requiring payment of protection, insurance, or otherwise intimidating or threatening any person related to gang activity;

v. Inciting other students to intimidate or to act with physical violence upon any other person related to gang activity;

vi. Soliciting others for gang membership;

vii. Committing any other illegal act or other violation of school district policies that relates to gang activity.
The Superintendent/designee shall regularly consult with law enforcement officials to maintain a current list of gang-related items, symbols and behaviors. Each principal shall maintain this updated list in the main office of each school.

Before being suspended for a first offense of wearing gang-related attire (when not involved in any kind of altercation), a student will receive a warning and will be allowed to immediately change or remove the attire that is in violation of this policy. Unless the student has been specifically notified of a prohibited item of attire, a student will receive this warning the first time he or she is observed wearing a particular item in violation of this policy.

In the case a student has violated this policy or is otherwise suspected of gang affiliation through other circumstantial evidence, the principal is encouraged to conduct an intervention involving the principal/assistant principal, the student and the student’s parent or legal guardian. Such intervention may also include the school resource officer and others as appropriate. The purpose of such intervention is to discuss the school’s observations and concerns and to offer the student and the parents information and an opportunity to ask questions or provide other information.

4301.11 Rule 11:

Student Dress Code: The primary goal of the Durham Public Schools is to provide a safe learning environment where all students are able to achieve at their highest potential. The personal appearance of every student is an important component of establishing a safe environment for optimal learning and respect for one another. Students are expected to adhere to standards of dress and appearance that are compatible with an effective learning environment. In support of these goals and expectations the Board establishes the following dress code for students:

i. Students are prohibited from wearing clothing, jewelry, book bags, or other articles of personal appearance which:

a. depict profanity, vulgarity, obscenity, or violence;

b. promote use or abuse of tobacco, drugs, or alcohol;

c. may create a threat to the health or safety of the student or others;

d. are associated with intimidation, violence or violent groups and about which students have been notified, or

e. may create a significant risk of disruption to the educational process or to the operation of the school.

ii. The following specific items are also not permitted:

a. clothing worn in such a manner so as to reveal underwear, cleavage, or bare skin between the upper chest and mid-thigh;

b. bare feet, bedroom slippers;

c. spaghetti straps, strapless tops, halter tops;

d. see-through, mesh garments;

e. trousers, slacks, shorts worn below waist level;

f. clothing that is excessively baggy or tight;

g. skirts and shorts shorter than mid-thigh;

h. sunglasses worn inside school building;

i. hats, caps, hoods, sweat bands and bandannas or other head wear worn inside school building; and

j. any other article of appearance that is physically revealing or provocative.

iii. If a student's dress or appearance violates this dress code, the principal or principal's designee may require the student to change his or her dress or appearance. A second or repeated violation of this policy will result in disciplinary action. The principal may make reasonable accommodations to the policy based upon a student's religious beliefs or medical conditions.

iv. This policy shall apply to all students in all school buildings during the regular school day, on field trips, and when students represent the school. This policy shall also apply to all students at all times on all Board of Education property; including in school buildings and on school grounds; on all school buses and other school vehicles. This policy does not apply to school sanctioned uniforms and costumes approved by the principal for athletic, choral or dramatic performances.

Cross Reference: Sexual Harassment Policy, Suspension and Expulsion Policy, Alcohol and Substance Abuse Prevention and Intervention Policy, Internet Acceptable Use Policy

Legal Reference: G.S.115C-288, -391
Adopted Effective: August 12, 1992
Revised: September 27, 1995
Revised Effective: July 1, 1999
Revised: February 24, 2000
Revised: June 7, 2001
Revised: September 13, 2001
Revised: December 13, 2001
Revised: September 12, 2002
Revised Effective: July 1, 2003
Revised Effective: January 24, 2008 (Rule 4 (i))
Revised Effective : March 27, 2008 (Rule 10)
Revised Effective: November 19, 2009
Revised:  December 17, 2009 (Rule 4)