DISCIPLINE (Guidelines Established for State Code of Conduct Requirements) This bylaw was enacted in accordance with the regulations of the Commissioner of Education, Part 100.2(1), and adopted by the Board of Education.

Common courtesy is an essential ingredient of success!  Students are expected to show respect and be courteous at all times with staff and fellow students.

Additional behavior expectations are provided by individual classroom teachers and the following policy on school conduct and discipline. 

Corporal Punishment

Corporal punishment is any act of physical force upon a student for the purpose of punishing that student. Corporal punishment of any student by any district employee is strictly forbidden. However, in situations where alternative procedures and methods that do not involve the use of physical force cannot reasonably be used, reasonable physical force may be used by school personnel to:

1. Protect oneself, another student, another teacher or any person from physical injury.
2. Protect the property of the school or others.
3. Restrain or remove a student whose behavior interferes with the orderly exercise and performance of school district functions, powers and duties, if that student has refused to refrain from further disruptive acts.

The district will file all complaints about the use of corporal punishment with the Commissioner of Education in accordance with Commissioner’s regulations.

 

Section 1 - Bill of Rights and Responsibilities of Students

Rights – Students of this district shall have the rights afforded to students under the provisions of the federal and state constitutions and the laws of the State of New York. Although the rights of students are not identical to the rights of adults, it is recognized that a student’s private, non-school-sponsored and non-program-related conduct cannot be regulated unless the educational community is affected by such conduct. However, NYS Education Law does allow school districts to place additional requirements upon students who participate in extra-curricular and athletic activities that are considered privileges, not rights. Thus, Honeoye Central School District does utilize and enforce an extra-curricular participation guide and policy (see back of this handbook for more information).

Responsibilities – A student shall not act in such a manner which disrupts the rights of others or which causes disorder or invades the rights of others.

A school is a place of learning.  Learning involves the expansion of knowledge, as well as acting in a manner considerate of the rights and feelings of others. Students learn from each other and students must be conscious that younger students follow the leadership of upper classmen. Such examples should enhance the school environment.

Students are expected to show respect for faculty and other members of the school community. A relationship based upon respect creates a harmonious environment.

 

Section 2 – Discipline Code of Conduct

Students may be subject to disciplinary action, including suspension from school, for violating these basic principles:

1. In order to maintain a stable environment, students will not engage in conduct that is disorderly. Examples of disorderly conduct include (note: this is not a comprehensive listing, disorderly conduct may include other unlisted behaviors):
2. Running in hallways
3. Making unreasonable noise
4. Using language or gestures which are profane, lewd, vulgar or abusive
5. Obstructing vehicular or pedestrian traffic
6. Engaging in any willful act that disrupts the normal operation of the school community
7. Trespassing. Students are not permitted in any school building, other than the one they regularly attend, without permission from the administrator in charge of the building.
8. Computer/electronic communications misuse, including any unauthorized use of computers, software, or internet/intranet account; accessing inappropriate websites; or any other violation of the district’s acceptable use policy.
9. In order to promote an environment conducive to academic instruction, students will not engage in conduct that is insubordinate. Examples of insubordinate conduct include, but are not limited to:
10. Failing to comply with the reasonable directions of teachers, school administrators or other school personnel or otherwise demonstrating disrespect.
11. Lateness for, missing or leaving school or class without permission or an excuse given by a staff member.
12. Failing to be in an assigned area
13. Skipping detention
14. In order to ensure normal operation of the school community, students will not engage in conduct that is disruptive. Examples of disruptive conduct include, but are not limited to:
15. Failing to comply with the reasonable directions of teachers, school administrators or other school personnel.
16. Any actions or activities that impede teaching or the learning of other students.
17. Failing to follow established guidelines and procedures.
18. Using cell phones/recreational electronic devices between the hours of 7:44 am – 2:06 pm unless permission is specifically given.
19. In order to ensure the safety of students and staff, students will not engage in conduct that is violent. Examples of violent conduct include, but are not limited:
20. Committing an act of violence (such as hitting, kicking, punching, and scratching) upon a teacher, administrator or other school personnel or attempting to do so.
21. Committing an act of violence (such as hitting, kicking, punching, and scratching) upon another student or any other person lawfully on school property or attempting to do so.
22. Threatening or menacing another individual.
23. Possessing a weapon. Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school property or at a school function.
24. Displaying what appears to be a weapon
25. Threatening to use any weapon
26. Intentionally damaging or destroying the personal property of a student, teacher, administrator, other district employee or any person lawfully on school property, including graffiti or arson.
27. Intentionally damaging or destroying school district property
28. Possessing or using an item that poses a safety concern, such as incendiary or chemical devices and water balloons. Excepted are devices authorized by and used under the supervision of school staff.
29. Driving a motor vehicle in an unsafe manner on school grounds.
30. In order to promote respect for all members of the school community, students will not engage in any conduct that endangers the safety, wellness, health or welfare of others. Examples of such conduct include, but are not limited to:
31. Lying to school personnel
32. Stealing the property of other students, school personnel or any other person lawfully on school property or attending a school function.
33. Defamation, which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them.

4    Discrimination, which includes the use of race, color, creed, national origin, religion, gender, sexual orientation or disability as a basis for treating another in a negative manner.

5. Harassment, which includes one sufficiently severe action or a pattern of actions or statements directed at an identifiable individual or group which are intended to be or which a reasonable person would perceive as ridiculing, demeaning, or annoying.
6. Verbal or physical harassment in a sexual manner.
7. Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm.
8. Hazing, which includes any intentional or reckless act directed against another for the purpose of initiation into, affiliating with or maintaining membership in any school sponsored activity, organization, club or team.
9. Selling, using or possessing obscene material.
10. Using oral or written profane, vulgar or abusive language, cursing or swearing.
11. Smoking a cigarette, cigar, pipe or using chew or smokeless tobacco or using an e-cigarette (or other vapor-like inhalant with or without nicotine) on school premises (including buildings, parking lots or grounds) or on a bus going to or from a school function or a school-sponsored function.
12. Possessing, consuming, selling, distributing or exchanging alcoholic beverages or illegal substances, or being under the influence of either. “Illegal substances” include, but are not limited to, inhalants, marijuana, cocaine, ecstasy, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any substances commonly referred to as “synthetic or designer drugs.”
13. Being under the influence of an alcoholic beverage, drinking an alcoholic beverage or being in possession of an alcoholic beverage on school grounds (including buildings, parking lots or grounds) or on a bus going to or from a school function or a school-sponsored function. Alcoholic beverages shall mean and include alcohol, spirits, liquor, wine, beer, ale, and cider having alcoholic content.
14. The use, possession, sale or gift of any drug/alcohol/tobacco/e-cigarette (with or without nicotine) or controlled substance, including marijuana, any instruments for the use of such drugs, controlled substance or marijuana, such as a pipe, syringe or other paraphernalia, while on school premises (including buildings, parking lots or grounds) or on a bus to or from a school function or a school-sponsored function. Excepted is any drug taken in accordance with a current prescription signed by a physician that is to be taken by that particular student at the time in question.
15. Sharing or inappropriately using prescription and over-the-counter drugs.
16. Gambling
17. Indecent exposure, that is, exposure to sight of the private parts of the body.
18. Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911 or fire alarm, or discharging a fire extinguisher.
19. Falsely reporting an issue that would potentially lead to discipline of another student.
20. In order to ensure safe transportation, students will not engage in misconduct while on a school bus. It is crucial for students to behave appropriately while riding on district buses to ensure their safety and that of other passengers and to avoid distracting the bus driver. Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Excessive noise, pushing, shoving and fighting will not be tolerated.
21. In order to preserve academic integrity, students will not engage in any form of academic misconduct. Examples of academic misconduct include:
22. Plagiarism
23. Cheating
24. Copying
25. Altering records
26. Unauthorized computer/electronic communications use
27. Assisting another student in any of the above actions

 

Section 3 – The Range of Penalties

The range of penalties which may be imposed for the conduct set forth in Section 2 is as follows (the below range of consequences is not in chronological order, it is merely a listing of consequences available to the school for use, as an example, one cannot expect a verbal warning after bringing a weapon to school, therefore, consequences are assigned based upon the level and frequency of the infractions, not sequentially):

The type and extent of punishment shall be determined by the building principal or superintendent.  Such disciplinary measures shall be appropriate to the seriousness of the offense and, where applicable, to the previous disciplinary record of the student. Any suspension from attendance upon instruction may be imposed only in accordance with Education Law 3214(3).

 

Section 4 – Role of Teachers, Administrators, Board and Parents

Teachers, administrators, board members and parents each have a role in the discipline code. The teacher shall report all violations of the code to the teacher’s administrator.  The teacher should be aware of the provisions of the code and, if in doubt regarding the code, explanations should be sought from the teachers’ administrator. Teachers are expected to interpret the code for students and to give a consistent interpretation of the code. Consistency is of the upmost importance.

Administrators have first line responsibility to ensure that the code is followed and enforced. Administrators shall conduct the appropriate investigation to determine if the code has been violated and, if violated, shall act in accordance with this bylaw and the laws applicable to the situation. The administrator shall interpret the code for staff members and, where advisable, request the assistance of the faculty, district employees, students and parents of the student.

Parents are requested to give assistance to the teaching staff and administration in administering the code when requested. Parents should be aware of the code and refer to it when necessary.

Board members shall advise the superintendent of any suggested changes in the code and community feelings regarding the code. The members of the Board of Education shall be available to provide a speedy hearing of any appeal of a suspension under the provisions of Education Law 3214(3). The Board of Education empowers the superintendent and building principal to suspend students upon instruction.

 

Section 5 – Publication and Explanation

The rights and responsibilities of students (Section 1), the discipline code (Section 2) and the range of penalties (Section 3) shall be publicized and explained to students and provided in writing to all parents on an annual basis. The superintendent shall determine the typing of the explanation and manner of publication. Each year, the superintendent shall advise the Board in writing of the manner and extent of the publication and explanation.

 

Section 6 – Strategies and Procedures for the Maintenance and Enforcement of Public Order on School Property

Purpose – The following rules and regulations are adopted for the maintenance of public order on district property and to provide a program for enforcement thereof in accordance with 2801 of the Education Law.

Prohibited Conduct – No person, either singly or in concert with others, shall:

1. Willfully cause physical injury to any other person, or threaten to do so for the purpose of compelling or inducing such other person to refrain from any act, which he has a lawful right to do, or to do any act, which he has a lawful right not to do.
2. Physically restrain or detain any other person, or remove such person from any place where he is authorized to remain.
3. Willfully damage or destroy property of the district, or remove or use such property without authorization.
4. Without permission, express or implied, enter into any private office of an administrative officer, faculty member or staff member.
5. Other than student, employee or board member, enter a classroom or the building beyond the administrative office without written permission of the superintendent or his designee.
6. Enter upon and remain in any building or facility for any purpose other than for authorized uses, or in such manner as to obstruct its authorized use by others.
7. Without authorization, remain in any building or facility after it is normally closed.
8. Refuse to leave any building or facility after being requested to do so by an authorized administrator.
9. Obstruct the free movement of persons and vehicles in any place to which these rules apply.
10. Deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures and meetings, or deliberately interfere with any person who desires to express his views, including invited speakers.
11. Have in his possession upon any premises to which these rules apply, any knife, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the superintendent, whether or not a license to possess the same has been issued to such person.
12. Possess, consume or exchange alcoholic beverages, drugs or narcotics on school properties.
13. Distribute or post any written material, pamphlet or poser without the prior written approval of the superintendent or his designee.
14. Urge or incite others to commit any of the acts herein prohibited.

 

Penalties – A person who shall violate any of the provisions of these rules shall:

1. If he is a licensee or invitee, have his authorization to remain upon the district property withdrawn, and shall be directed to leave the premises. In the event of his failure or refusal to do so, he shall be subject to ejection.
2. If he is a trespasser or visitor without specific license or invitation, be subject to ejection.
3. If he is a student, be subject to suspension or such lesser disciplinary action as the facts of the case may warrant.
4. If he is a faculty member, be guilty of misconduct and be subject to dismissal or termination of his employment or such lesser disciplinary action as the facts may warrant, including suspension without pay or censure.
5. If he is a staff member entitled to the benefits of Civil Service Law 75, be guilty of misconduct and subject to the penalties prescribed in said section.
6. If he is a staff member not entitled to the benefits of Civil Service Law 75, be guilty of misconduct and be subject to dismissal or termination of his employment or such lesser disciplinary action as the facts may warrant, including suspension without pay or censure.

 

Procedure – In the case of a violation of this section:

1. The superintendent or designee shall inform any licensee or invitee, who shall violate any provision of these rules, that his license or invitation is withdrawn and shall direct him to leave the district grounds. In the event of his failure or refusal to do so, the superintendent or designee shall cause his ejection from such property.
2. In the case of any other violator who is neither a student nor faculty nor other staff member, the superintendent or designee shall inform the violator that he is not authorized to remain on the property of the district, and direct him to leave such premises. In the event of his failure or refusal to do so, the superintendent or designee shall cause his ejection from such property. Nothing in this subdivision shall be construed to authorize the presence of any such person at any time prior to such violation, or to affect his liability to prosecution for trespassing or loitering as prescribed in the Penal Law.
3. In the case of a student, charges for violation of any of these rules shall be presented and shall be heard and determined in the manner provided in 3214(3) of the Education Law.
4. In the case of a faculty member having tenure, charges for misconduct and violation of these rules shall be made, heard and determined in accordance with 3020a of the Education Law.
5. In the case of a faculty member not having tenure, the superintendent shall conduct a hearing after written notice to the teacher of the charges and shall determine the punishment of the teacher if found guilty.
6. In the case of any staff member who holds a position in the classified Civil Service Law or is covered by 75 of the Civil Service Law, charges of misconduct for violation of any of these rules shall be made, heard and determined as prescribed in that section.
7. In the case of any staff member who does not hold a position in the classified Civil Service and is not covered by the provisions of the 75 of the Civil Service Law, the superintendent shall conduct a hearing after written notice to such staff member of the charges, and shall determine the punishment if such staff member is found guilty.

 

Enforcement Program – The responsibility for enforcement is as follows:

1. The superintendent shall be responsible for the enforcement of these rules, and he shall designate other administrative officers who are authorized to take action in accordance with such rules when required or appropriate.
2. The superintendent or designee may apply to the public authorities for any aid that he deems necessary in causing the ejection of any violator of these rules, and he may request the school attorney to apply to any court of appropriate jurisdiction for an injunction to restrain the violation of threatened violation of these rules.

 

Application of Rules – These rules shall apply to all buildings and grounds of the district and shall govern the conduct of students, teachers, staff members, as well as visitors and other licensees and invitees.

 

Definition of Terms – A “licensee” is defined as a person who enters the property of the school district for such person’s own interests, without express or implied invitation (an invitee). 

An “invitee” is a person who enters the property of the school district with expressed or implied permission by someone who is authorized by the school district to give such permission.

 

Section 7 – Procedure in the Early Identification and Resolution of Discipline Problems

Pupil service personnel, administrators, teachers and others shall report students who are having problems or appear to be having problems regarding matters covered in the discipline code to the building principal. Parents also are invited to advise the building principal of concerns the parents may have regarding their children pertaining to the discipline code.

Students are expected to report to teachers or to the building administrator any student who appears to be having discipline problems. Students are expected to cooperate in any conference regarding the discipline of that student.

When the building principal is aware of, or has received a report from pupil service personnel, administrators, teachers, students or parents, the building principal shall conduct whatever inquiry the principal considers appropriate.

If the building principal, after such inquiry, considers there is a basis for concern, the principal shall arrange to have a meeting with the parents and appropriate staff members to review the matter and create a plan to resolve the discipline problems.

The purpose of the procedure is to identify early possible problems and to resolve these disciplinary problems. The district shall assign such support personnel to assist the parties, considering the resources available at any given time.

 

Section 8 – Classified Students

If the student who is under review according to the provisions of Section 7, or if a student who has violated the disciplinary code is a student who has been identified as having a handicapping condition, the matter shall be referred to the Committee on Special Education before a procedure commences or hearing occurs. The CSE shall review the matter with appropriate dispatch to determine if the conduct in question is the result of the handicapping condition.

If the conduct is the result of the handicapping condition, the Committee shall review and modify, if appropriate, the student’s IEP. Such review shall be conducted in accordance with the procedures for meetings of the CSE, including notice to the parents.  The building principal shall be kept informed of these proceedings.

If the Committee determines that the conduct is not the result of the handicapping condition, the chairperson of the Committee shall so notify the building principal.