Suspension & Expulsion

SUSPENSION & EXPULSION POLICY

All schools within the Kautantowit's Mecautea School family (Branches, Lodges, Sanctuaries, Etc. performing educational offerings) adhere to the following procedures with regard to student suspension and expulsion. Though the schools’ administration is permitted a certain level of discretion in determining the appropriate disciplinary actions on a case-by-case basis, all schools operate within certain 28 parameters.

Those parameters are outlined in this policy and are aligned with Section 48900 and 48915 of the California Education Code. A pupil may be suspended or expelled for acts that are enumerated herein and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:

1. While on school grounds.

2. While going to or coming from school.

3. During the lunch period whether on or off the campus.

4. During, or while going to or coming from, a school-sponsored activity. Suspension/Discretionary Expulsion Conduct I. The Head of School may suspend from school or recommend for expulsion a pupil if he or she determines that the pupil has committed one of the following acts:

(A) Physical Injury or Violence: Caused, attempted to cause, or threatened to cause physical injury to another person; or willfully used force or violence upon another person, except in self-defense. A pupil who aids or abets in infliction of physical injury to another may be suspended but not expelled.

(B) Dangerous Object: Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from the principal or the designee of the principal.

(C) Drugs or Alcohol: Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind.

(D) Look-Alike Substance: Unlawfully offered, arranged, or negotiated to sell a controlled substance, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person a replica substance.

(E) Robbery/Extortion: Committed or attempted to commit robbery or extortion.

(F) Property Damage/Vandalism: Caused or attempted to cause damage to school property or private property, including electronic files and databases.

(G) Theft: Stolen or attempted to steal school property or private property.

(H) Tobacco: Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets by any student under age 18.

(I) Obscenity/Profanity/Vulgarity: Committed an obscene act or engaged in habitual profanity or vulgarity.

(J) Drug Paraphernalia: Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia.

(K) Disruption/Defiance: Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.

(L) Receipt of Stolen Property: Knowingly received stolen school property or private property.

(M) Imitation Firearm: Possessed an imitation firearm. As used in this section, “imitation firearm “ means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.

(N) Sexual Assault/Battery: Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.

(O) Witness Harassment or Intimidation: Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for the purpose of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.

(P) Prescription Drug Soma: Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.

(Q) Hazing: Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, “hazing” means a method of initiation or pre-initiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, “hazing” does not include athletic events or school-sanctioned events.

(R) Bullying/Electronic: Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act, as defined herein, directed specifically toward a pupil or school personnel.

1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils directed toward one or more pupils or school personnel that has or can be reasonably predicted to have the effect of one or more of the following:

a. Placing a reasonable pupil or school personnel in fear of harm to that pupil’s or school personnel’s person or property.

b. Causing a reasonable pupil or school personnel to experience a substantially detrimental effect on his or her physical or mental health.

c. Causing a reasonable pupil to experience substantial interference with his or her academic performance, or school personnel with his or her job performance.

d. Causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school.

2) “Electronic act” means the creation and transmission originated on or off the school site, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:

a. A message, text, sound, or image.

b. A post on a social network Internet Web site, including, but not limited to:

i. Posting to or creating a burn page. “Burn page” means an Internet Web site created for the purpose of bullying.

ii. Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.

iii. Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.

3) “Reasonable pupil” means a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs.

(S) Sexual Harassment. The pupil has committed sexual harassment. The harassing conduct must be considered by a reasonable person of the same gender as the 31 victim to be sufficiently severe or pervasive to have a negative impact upon the individual’s academic performance or to create an intimidating, hostile, or offensive educational environment.

(T) Hate Violence. The pupil has caused, attempted to cause, threatened to cause, or participated in a “hate crime.” “Hate crime” means a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics.

(U) Harassment, Threats, or Intimidation. The pupil has intentionally engaged in harassment, threats, or intimidation, directed against a pupil or group of pupils, that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting class work, creating substantial disorder, and invading the rights of that pupil or group of pupils by creating an intimidating or hostile educational environment.

(V) Terroristic Threats: The pupil has made terroristic threats against school officials or school property, or both. For the purposes of this section, “terroristic threat” shall include any statement, whether written or oral, by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of one thousand dollars ($1,000), with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, or for the protection of school district property, or the personal property of the person threatened or his or her immediate family. II. Parent/Guardian will be notified in all cases of violations. III. Administration will determine punishment based upon the following criteria:

(A) Seriousness of offense

(B) Circumstances of situation

(D) Any other extenuating circumstances Suspension Procedures

1. The Heads of Schools are afforded a great deal of discretion by the AIM Schools Governance Board in determining appropriate punishments, unless a mandatory 32 expulsion offense is identified. Even if suspension is deemed appropriate, the Superintendent or Head of School may opt for supervised in-school suspension.

2. If the Head of Schools or designee determines that suspension is appropriate, a school employee shall make a reasonable effort to contact the pupil’s parent or guardian in person or by telephone. Whenever a pupil is suspended from school, the parent or guardian shall be notified in writing of the suspension.

3. The Head of Schools or designee shall report the suspension of the pupil, including the cause therefore, to the Superintendent and AIMS governing board.

4. A parent conference will be scheduled to discuss the matter with the Head of Schools or designee. Whenever practical, the teacher or staff member who witnessed the offense will also be present. At this conference, the administration and the parent or guardian will discuss the causes, duration, school policy involved, and any other matters pertinent to the suspension. Any pupil who is suspended for five days or fewer must complete all assignments and tests missed during the suspension within three school days of their return.

Any pupil who is suspended for more than five days will have five school days after their return to complete all assignments and tests missed during suspension.

Administration has the authority to lengthen the amount of time a pupil has to make-up his or her work, as appropriate in a given situation. Assignments submitted late will receive no credit. Recommended Expulsion The Head of Schools will recommend the expulsion of any pupil who commits any of the following acts at school or at a school activity off school grounds, unless he or she determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct:

1. Causing serious physical injury to another person, except in self-defense.

2. Possession of any knife or other dangerous object of no reasonable use to the pupil.

3. Unlawful possession of any controlled substance, except for either of the following:

a. The first offense for the possession of not more than one ounce of marijuana.

b. The possession of over-the-counter medication for use by the pupil for medical purposes or medication prescribed for the pupil by a physician.

4. Robbery or extortion.

5. Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school employee. 33 Mandatory Expulsion The Heads of School must immediately suspend and recommend expulsion of a pupil that he or she determines has committed any of the following acts at school or at a school activity off school grounds: 1. Possessing, selling, or otherwise furnishing a firearm. This subdivision applies to an act of possessing a firearm only if the possession is verified by an employee of the school. The act of possessing an imitation firearm is not an offense for which suspension or expulsion is mandatory but it is an offense for which suspension, or expulsion may be imposed.

2. Brandishing a knife at another person.

3. Unlawfully selling a controlled substance.

4. Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900 or committing a sexual battery as defined in subdivision (n) of Section 48900.

5. Possession of an explosive. The governing board shall order a pupil expelled upon finding that the pupil committed an act requiring mandatory expulsion.

Recommended vs. Mandatory Expulsion

Recommendation for expulsion Mandatory Expulsion Causing serious physical injury to another person, except in self-defense . Possessing, selling, or otherwise furnishing a firearm.

Possession of any knife or other dangerous object of no reasonable use to the pupil. Brandishing a knife at another person.

Unlawful possession of a controlled substance.

Unlawfully selling a controlled substance.

Robbery or extortion.

Committing or attempting to commit a sexual Assault.

Assault or battery upon any school employee.

Possession of an explosive.

Administrative Procedures and Investigation of Pupil Offenses

1. Students who commit offenses that result in a recommendation for expulsion or mandatory expulsion, or whose conduct falls under “Suspension/Discretionary Expulsion” (excluding disruption or defiance) will be referred to the Head of Schools or designee. If a teacher observes disruptive or defiant conduct, the teacher will make a determination as to whether or not administrative intervention is required. Otherwise, they may follow the school’s discipline policies to ensure proper student conduct.

2. To determine whether or not an offense meets the guidelines for suspension or expulsion, the Dean or Head of Schools will meet with the pupil and school employee who referred the pupil for discipline. At the conference, the pupil shall be informed of the reason for the disciplinary action and the evidence against him or her and shall be given the opportunity to respond. If an “emergency situation” exists, the pupil may be excluded from this meeting. “Emergency situation” means a situation determined by the Head of School or designee to constitute a clear and present danger to the life, safety, or health of pupils or school personnel. If a pupil is suspended without a conference before suspension, both the parent and the pupil shall be notified of the pupil’s right to a conference.

3. Unless an offense results in a recommendation for expulsion or mandatory expulsion, as a matter of policy, American Indian Model Schools consider suspension and discretionary expulsion a punishment of last resort. Suspension and discretionary expulsion shall be imposed only when other means of correction fail to bring about proper conduct. Therefore, our schools will first consider the appropriateness of other disciplinary avenues before suspending or expelling a student.

4. If a pupil has committed a suspension-eligible offense, then the Head of Schools has the authority to recommend expulsion. Expulsion will be used as a tool of last resort for students whose conduct is so egregious that it is unlikely to be changed by any other means and whose behavior poses a threat to the safety of a member of the school community or significantly limits the ability of other students to effectively learn.

5. In addition to any school action, suspected criminal activity will be reported to the police and appropriate legal consequences may result.

6. For purposes of notification to parents, and for the reporting of expulsion or suspension offenses to the CDE, American Indian Model Schools will identify, by offense committed, in all appropriate records of a pupil each suspension or expulsion of that pupil.

7. ONAC Kautantowit's Mecautea School will notify the District of Residence within 30 days of all transfers, disciplinary or not. For all students who are expelled, the school will contact the District of Residence to notify them of the terms of the expulsion. Expulsion Hearings and Process

1. The Superintendent decides whether or not to recommend expulsion to the Board.

2. Within 30 school days of a recommendation for expulsion, the Board will hold a hearing to determine if it is appropriate to expel the pupil. The pupil may request, in writing, a postponement of no more than 30 calendar days. Any additional postponement may only be granted at the discretion of the Board.

3. Within 10 school days after the conclusion of the hearing, the Board shall decide whether to expel the pupil.

4. If compliance by the Board with the time requirements for the conducting of an expulsion hearing under this subdivision is impracticable, the Superintendent may, for good cause, 35 extend the time period for the holding of the expulsion hearing for an additional 5 school days.

5. Written notice of the hearing shall be forwarded to the pupil at least 10 calendar days prior to the date of the hearing and shall include:

a. The date and place of the hearing.

b. A statement of the specific facts and charges upon which the proposed expulsion is based.

c. A copy of the disciplinary rules of the school district that relate to the alleged violation.

d. A notice of the parent, guardian, or pupil’s obligation upon enrollment in another school district to inform the receiving school district of his or her status with the previous school.

e. Notice of the opportunity for the pupil or the pupil’s parent or guardian to appear in person or to be represented by legal counsel or by a non-attorney adviser, to inspect and obtain copies of all documents to be used at the hearing, to confront and question all witnesses who testify at the hearing, to question all other evidence presented, and to present oral and documentary evidence on the pupil’s behalf, including witnesses.

6. The Board shall conduct a hearing to consider the expulsion of a pupil in a session closed to the public, unless the pupil requests, in writing, at least five days before the date of the hearing, that the hearing be conducted at a public meeting. Regardless of whether the expulsion hearing is conducted in a closed or public session, the Board may meet in closed session for the purpose of deliberating and determining whether the pupil should be expelled.

7. A record of the hearing shall be made. The record may be maintained by any means, including electronic recording, so long as a reasonably accurate and complete written transcription of the proceedings can be made.

8. Technical rules of evidence shall not apply to the hearing, but relevant evidence may be admitted and given probative effect if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. A decision of the Board to expel must be supported by substantial evidence showing that the pupil committed the act(s) of which he or she is accused.

9. The final action to expel a pupil shall be taken only by the Board in a public session. Written notice of any decision to expel or to suspend the enforcement of an expulsion order during a period of probation must be sent by the superintendent or his or her designee to the pupil or the pupil’s parent or guardian.

10. The Board shall maintain a record of each expulsion, including the cause therefore. Records of expulsions shall be a non-privileged, disclosable public record. The expulsion order and the causes therefore shall be recorded in the pupil’s mandatory interim record and shall be forwarded to any school in which the pupil subsequently enrolls upon receipt of a request from the admitting school for the pupil’s school records.

Suspending an Expulsion Order

 The Board, upon voting to expel a pupil, may suspend the enforcement of the expulsion order for a period of not more than one calendar year and may, as a condition of the suspension of enforcement, assign the pupil to a school, class, or program that is deemed appropriate for the rehabilitation of the pupil. The rehabilitation program to which the pupil is assigned may provide for the involvement of the pupil’s parent or guardian in his or her child’s education in ways that are specified in the rehabilitation program.

A parent or guardian’s refusal to participate in the rehabilitation program shall not be considered in the Board’s determination as to whether the pupil has satisfactorily completed the rehabilitation program.

 During the period of the suspension of the expulsion order, the pupil is deemed to be on probationary status. The Board may revoke the suspension of an expulsion order under this section if the pupil commits any of the acts designated as Suspension/Discretionary Expulsion Conduct or violates any of the school’s rules and regulations governing pupil conduct. When the Board revokes the suspension of an expulsion order, a pupil may be expelled under the terms of the original expulsion order.

 Upon satisfactory completion of the rehabilitation assignment of a pupil, the Board shall reinstate the pupil and may also order the expungement of any or all records of the expulsion proceedings. Readmission to the Charter

 An expulsion order shall remain in effect until the Board orders the readmission of a pupil. At the time an expulsion of a pupil is ordered for an act other than Mandatory Expulsion Conduct, the Board shall set a date, not later than the last day of the semester following the semester in which the expulsion occurred, when the pupil shall be reviewed for readmission.

For a pupil who has been expelled for an act of Mandatory Expulsion Conduct, the Board shall set a date of one year from the date the expulsion occurred, when the pupil shall be reviewed for readmission, except that the Board may set an earlier date for readmission on a case-by-case basis.

 The Board shall recommend a plan of rehabilitation for the pupil at the time of the expulsion order, which may include, but not be limited to, periodic review as well as assessment at the time of review for readmission. The plan may also include recommendations for improved academic performance, tutoring, special education assessments, job training, counseling, employment, community service, or other rehabilitative programs.

 Any pupil who has been expelled and who seeks readmission, must submit a request to the Superintendent in writing no more than 21 (but no less than 7) calendar days before the end of the term of the expulsion. In addition, the pupil must provide documentation that all conditions for rehabilitation set by the Board have been met.

 Upon completion of the readmission process, the Board shall readmit the pupil, unless the Board makes a finding that the pupil has not met the conditions of the rehabilitation plan or continues to pose a danger to campus safety or to other pupils or employees of the school. A description of the procedure shall be made available to the pupil and the pupil’s parent or guardian at the time the expulsion order is entered.

 If the Board denies the pupil’s request for readmission, the Board shall provide written notice to the expelled pupil and the pupil’s parent or guardian describing the reasons for denying the pupil readmittance into the school.