Level 1 Violations:

Possible interventions for Level 1 Violations begin with but are not limited to: student conferences, contacting parents, lunch detention, in-school suspension.  Repeated offenses of a Level 1 Violation could result in a Habitual Violation which can be found under Level 2 Violations.

BEHAVIOR DEFINITION

CHEATING

A student will not plagiarize or copy the work of others or break rules to gain advantage in a competitive situation. Interventions for this inappropriate behavior may include academic sanctions in addition to other discipline. 

DECEIT

A student will not deliberately conceal or misrepresent the truth, deceive another or cause another to be deceived by false or misleading information.

DISRUPTIVE/DISRESPECTFUL CONDUCT

A student will not exhibit behavior that violates classroom/school rules, results in distraction and obstruction of the educational process or that is discourteous, impolite, bad mannered and/or rude. Behavior is considered disruptive and/or disrespectful if a teacher is prevented from starting an activity or lesson, or has to stop instruction to address the disruption.

FAILURE TO SERVE LUNCH  DETENTION

A student will not fail to serve an assigned detention of which students and/or parents/guardian have been notified.

FALSIFYING IDENTITY

A student will not use another person’s identification or give false identification to any school official with intent to deceive school personnel or falsely obtain money or property.

INAPPROPRIATE APPEARANCE

A student will not dress or groom in a manner that disrupts the educational process or is detrimental to the health, safety or welfare of others. A student will not dress in a manner that is distractive or indecent, to the extent that it interferes with the teaching and learning process, including wearing any apparel that displays or promotes behavior and/or items prohibited by this policy.

INAPPROPRIATE DISPLAY OF AFFECTION

Students will not engage in inappropriate displays of intimate affection, such as kissing or embracing.

INAPPROPRIATE LANGUAGE

A student will not orally, in writing, electronically, or with photographs or drawings, use profanity in general context (not directed toward any individual or group).

POSSESSION OF INAPPROPRIATE PERSONAL PROPERTY (WITHOUT REFUSAL TO PUT DEVICE AWAY)

A student will not possess personal property (cell phone, Bluetooth speaker, etc.) that is prohibited by school rules or that is disruptive to teaching and learning.

POSSESSION OF INAPPROPRIATE PERSONAL PROPERTY (WITH REFUSAL TO PUT AWAY)

A student will not possess personal property (cell phone, Bluetooth speaker, etc.) that is prohibited by school rules or that is disruptive to teaching and learning.

SKIPPING CLASS

In accordance with WVBE Policy 4110 - Attendance, a student will not fail to report to the school’s assigned class or activity without prior permission, knowledge or excuse by the school or by the parent/guardian.

TARDINESS

A student will not fail to be in his/her place of instruction at the assigned time without a valid excuse.

VEHICLE PARKING VIOLATION

A student will not engage in improper parking of a motor vehicle on school property.

 Level 2 Violations:

Possible interventions for Level 2 Violations begin with but are not limited to: student conferences, parent contact and/or conference, in-school suspension, out-of-school suspension, referral to a counselor, referral to the resource officer, court petitions, referral to the SAT process, and/or referral to ALC.

BEHAVIOR DEFINITION

GANG RELATED ACTIVITY

A student will not, by use of violence, force, coercion, threat of violence or gang activity, cause disruption or obstruction to the educational process.  Gangs are defined as organized groups of students and/or adults who engage in activities that threaten the safety of the general populace, compromise the general community order, and/or interfere with the school district’s educational mission.  Gang activity includes:

• Wearing or displaying any clothing, jewelry, colors, or insignia that intentionally identifies the student as a member of a gang, or otherwise symbolizes support of a gang.

• Using any word, phrase, written symbol or gesture that intentionally identifies a student as a member of gang, or otherwise symbolizes support of a gang.

• Gathering of two or more persons for purposes of engaging in activities or discussions promoting gangs.

• Recruiting student(s) for gangs.

HABITUAL VIOLATION OF SCHOOL RULES OR POLICIES

A student will not persistently, as defined by the county, refuse to obey the reasonable and proper orders or directions of school employees, school rules or policies. 

 INSUBORDINATION

A student will not ignore or refuse to comply with directions or instructions given by school authorities.  Refusing to open a book, complete an assignment, work with another student, work in a group, take a test or do any other class- or school-related activity not listed herein, refusing to leave a hallway when requested by a school staff member, or running away from school staff when told to stop, all constitute insubordination/unruly conduct.

LEAVING SCHOOL WITHOUT PERMISSION

A student will not leave the school building, campus of school activity for which the student is enrolled without permission from authorized school personnel.

PHYSICAL FIGHT WITHOUT INJURY

A student will not engage and/or instigate in a physical altercation using blows in an attempt to harm or overpower another person or persons.

POSSESSION OF IMITATION WEAPON

A student will not possess any object fashioned to imitate or look like a weapon.

POSSESSION OF KNIFE NOT MEETING DANGEROUS WEAPON DEFINITION (West Virginia Code §61-7-2)

A student will not possess a knife or knife-like implement under 3½ inches in length.  West Virginia Code §61-7-2 clarifies that a pocket knife with a blade 3½ inches or less in length, a hunting or fishing knife carried for sports or other recreational uses, or a knife designed for use as a tool or household implement shall not be included within the term "knife" as defined as a deadly weapon unless such knife is knowingly used or intended to be used to produce serious bodily injury or death.

PROFANE LANGUAGE/OBSCENE GESTURE/INDECENT ACT TOWARD…AN EMPLOYEE OR A STUDENT

A student will not direct profane language, obscene gestures or indecent acts towards a school employee or a fellow student.  This inappropriate behavior includes but is not limited to, verbal, written, electronic and/or illustrative communications intended to offend and/or humiliate.

TECHNOLOGY MISUSE

A student will not violate the terms of  WVBE Policy 2460, Safety and Acceptable Use of the Internet by Students and Educators.

 Level 3 Violations:

Possible interventions for Level 3 Violations begin with but are not limited to: student conferences, parent contact and/or conference, , in-school suspension, out-of-school suspension, referral to a counselor, referral to the resource officer, court petitions, referral to the SAT process, referral to ALC, and/or expulsion.

BEHAVIOR DEFINITION

BATTERY AGAINST A STUDENT

A student will not unlawfully and intentionally injure another student.

DEFACING SCHOOL PROPERTY/VANDALISM

A student will not willfully cause defacement of or damage to property of the school or others.  Actions such as writing in school textbooks or library books, writing on desks or walls, carving into woodwork, desks, or tables, and spray painting surfaces are acts of defacement.  Examples of damage to school property include, but are not limited to, ruining bulletin boards, intentionally clogging the plumbing system, breaking light bulbs or fixtures, and damaging school equipment to the point where repair is necessary.  

FALSE FIRE ALARM

A student will not knowingly and willingly set off a fire alarm without cause.

FRAUD/FORGERY

A student will not deceive another or cause another to be deceived by false or misleading information or sign the name of another person in order to obtain anything of value or defraud authorities.

GAMBLING

A student will not engage in any game of chance or contest wherein money or other items of monetary value are awarded to the winner, except for those games and contests authorized as official school functions.

HAZING

A student will not haze or conspire to engage in the hazing of another person.  “Hazing” means to cause any action or situation which recklessly or intentionally endangers the mental or physical health or safety of another person or persons to destroy or remove public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any activity or organization, including both co-curricular and extra-curricular activities. 

IMPROPER OR NEGLIGENT OPERATION OF A MOTOR VEHICLE

A student will not intentionally or recklessly operate a motor vehicle, on the grounds of any educational facility, parking lot, or at any school-sponsored activity, so as to endanger the safety, health or welfare of others.

LARCENY

A student will not, without permission, take another person’s property or have another person’s property in his or her possession.  Property valued at $1,000 or more will increase this behavior to a Level 4 because it is considered a felony in accordance with West Virginia Code §61-3-13.

SEXUAL MISCONDUCT

A student will not publicly and indecently expose themselves, display or transmit any drawing or photograph of a sexual nature.  Students will not commit an indecent act of a sexual nature on school property, on a school bus or at a school sponsored event.

THREAT OF INJURY/ASSAULT AGAINST …AN EMPLOYEE OR A STUDENT

A student will not threaten (verbal or written) or attempt to injure another student, teacher, administrator or other school personnel. [This includes assault on a school employee defined in West Virginia Code §61-2-15].

TRESPASSING

A student will not enter upon the premises of the county school system property, other than to the location to which the student is assigned, without authorization from proper school authorities. 

IMITATION DRUGS: POSSESSION, USE, DISTRIBUTION OR SALE

A student will not possess, use, distribute or sell any substance that is expressly represented or implied to be a controlled substance or simulate the effect and/or the appearance (color, shape, size and markings) of a controlled substance.

INHALANT ABUSE

A student will not deliberately inhale or sniff common products found in homes, schools and communities with the purpose of “getting high”.  The action may be referred to as huffing, sniffing, dusting and/or bagging.

POSSESSION/USE OF SUBSTANCE CONTAINING TOBACCO AND/OR NICOTINE

A student will not unlawfully possess, use or be under the influence of any substance containing tobacco and/or nicotine or any paraphernalia intended for the manufacture, sale and/or use of tobacco/nicotine products in any building/area under the control of a county school system, including all activities or events sponsored by the county school district.

HARASSMENT/BULLYING/INTIMIDATION

A student will not bully/intimidate/harass another student.  According to West Virginia Code §18-2C-2, “harassment, intimidation or bullying” means any intentional gesture, or any intentional electronic, written, verbal or physical act, communication, transmission or threat.

 Level 4 Violations:

Possible interventions for Level 4 Violations begin with out-of-school suspension and expulsion at the discretion for the superintendent and county board. 

BEHAVIOR DEFINITION

BATTERY AGAINST A SCHOOL EMPLOYEE

A student will not commit a battery by unlawfully and intentionally making physical contact of an insulting or provoking nature with the person of a school employee as outlined in West Virginia Code §61-2-15(b).

FELONY

A student will not commit an act or engage in conduct that would constitute a felony under the laws of this state if committed by an adult as outlined in West Virginia Code §18A-5-1a(b)(i).  Such acts that would constitute a felony include, but are not limited to, arson (West Virginia Code §61-3-1), malicious wounding and unlawful wounding (West Virginia Code §61-2-9), bomb threat (West Virginia Code §61-6-17), sexual assault (West Virginia Code §61-8B-3), terrorist act or false information about a terrorist act, hoax terrorist act (West Virginia Code §61-6-24) and grand larceny (West Virginia Code  §61-3-13).

ILLEGAL SUBSTANCE RELATED BEHAVIORS

A student will not unlawfully possess, use, be under the influence of, distribute or sell any substance containing alcohol, over-the-counter drugs, prescription drugs, marijuana, narcotics, any other substance included in the Uniform Controlled Substances Act as described in West Virginia Code §60A-1-101, et seq. or any paraphernalia intended for the manufacture, sale and/or use of illegal substances in any building/area under the control of a county school system, including all activities or events sponsored by the county school district.  This includes violations of WVBE Policy 2422.8 - Medication Administration and instances of prescription drug abuse.

POSESSION AN/OR USE OF DANGEROUS WEAPON

According to West Virginia Code §18A-5-1a(a), a student will not possess a firearm or deadly weapon as defined in West Virginia Code §61-7-2, on any school bus, on school property or at any school-sponsored function as defined in West Virginia Code §61-7-11a.

As defined in West Virginia Code §61-7-2, a “dangerous weapon” means any device intended to cause injury or bodily harm, any device used in a threatening manner that could cause injury or bodily harm, or any device that is primarily used for self-protection.  Dangerous weapons include, but are not limited to, blackjack, gravity knife, knife, knife-like implement, switchblade knife, num-chuk, metallic or false knuckles, pistol, or revolver.   A dangerous weapon may also include the use of a legitimate tool, instrument, or equipment as a weapon including, but not limited to, pens, pencils, compasses, or combs, with the intent to harm another.