Suspension and Expulsion
SUSPENSION AND EXPULSION:
Education Code 48925 defines suspension as “removal of a pupil from ongoing instruction for adjustment purposes.” Education Code Section 48900 et. seq., identify the grounds for suspension and expulsion. A student may not be suspended from school or recommend for expulsion unless the superintendent or the principal of the school in which the student is enrolled determines that the student has:
A. Caused, attempted to cause, or threatened to cause physical injury to another person; willfully used force or violence upon the person of another, except in self-defense.
B. Possessed, sold, or otherwise furnished a firearm, knife, explosive or other dangerous object unless, in the case of possession of any object of this type, the student had obtained written permission to possess the item from a certificated school employee, which is concurred by the principal/designee.
C. Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, any controlled substance listed in Chapter 2 of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
D. Unlawfully offered, arranged or negotiated to sell any controlled substance listed in Chapter 2 of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and then either sold, delivered, or otherwise furnished to any person another liquid, substance, or material and presented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant
E. Committed or attempted to commit robbery or extortion.
F.Caused or attempted to cause damage to school or private property.
G. Stole or attempted to steal school property or private property.
H. Possessed or used tobacco, or any products containing tobacco or nicotine products, including but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel.
I. Unlawfully possessed or unlawfully offered, arranged or negotiated to sell any drug paraphernalia, as defined in the Health and Safety Code.
J.Committed an obscene act or engaged in habitual profanity or vulgarity.
K. Disrupted school activities or otherwise willfully defined the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
L. Knowingly received stolen property or private property.
M.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. Committed or attempted to commit a sexual assault or battery.
O. Harassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of either preventing the student from being a witness or retaliating against that student for being a witness, or both.
P. Committed sexual harassment as defined in Education Code 212.5. It must be considered by a reasonable person of the same gender as the 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. This section does not apply to students enrolled in kindergarten and grades 1-3, inclusive.
Q. Caused, attempted to cause, threatened to cause, or participated in an act of hate violence, as defined in Section 33023.5. This applies to students in grades 4-12, inclusive.
R. Intentionally engaged in harassment, threaten, or intimidation, directed against a student or group of students, that is sufficiently severe or pervasive to have actual and reasonably expected effect of materially disrupting class work, creating substantial disorder, an invading the rights of that student or group of students by creating an intimidating or hostile educational environment. This applies to students in grade 4-12, inclusive.
S. Made terrorist threats against school officials, or school property, or both.
A student may not be suspended or expelled for any of the acts listed unless that act is related to school activity or school attendance occurring within a school under the jurisdiction of the principal or occurring within any other school district. A student may be suspended or expelled for acts that are listed in this section and related to school activity or attendance that occur at any time, including, but not limited to, any of the following:
- While on school grounds.
- While going to and coming from school.
- During the lunch period.
- During, or while going to, or coming from, a school sponsored event.
