Clayton Valley Charter High School

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Discipline » Code of Conduct

Code of Conduct

Code of Conduct

 

The CVCHS Code of Conduct has been created in direct alignment with California Education Code, and progresses in level of consequence in relation to the severity or reoccurance of a behavior or action that attempts to or actually comprises physical and/or emotional safety for any member of our school community. Consequences are organized in this document into three areas according to the severity of possible disciplinary action. Behaviors/actions and consequences listed in “Level 3” require mandatory referral for expulsion in alignment with California Education Code. 


The majority of CVCHS students receive less severe consequences or disciplinary actions (in comparison with suspension or referral for expulsion) which include: parent notification (via email or phone), request for parent meeting, detention or Saturday School assignment, community service (on campus), confiscation, removal of privileges including participation in school-sanctioned events or athletic participation, creation of behavior contract, or class suspension (issued by teacher). The Discipline Office thoroughly investigates all infractions of the CVCHS Code of Conduct in order to ensure all perspectives are heard and the appropriate disciplinary action is issued with the intent the student does not continue to engage in behaviors/actions in violation of the CVCHS Code of Conduct. 


Level 1  - Actions can result in disciplinary consequences up to and including suspension. Depending on the seriousness of the act the student may be recommended for additional suspension days or expulsion on the first or succeeding offenses.

 

  1. Possessing, using, or being under the influence of: an alcoholic beverage or intoxicant of any kind including VAPING. Possessing not more than one ounce of marijuana.  Using or being under the influence of marijuana or any controlled substance (as defined in Section 11053 of the Health and Safety Code). 

1st Offense

Confiscation, parent meeting, student placed on behavior contract.

2nd Offense

Confiscation, parent meeting, in-school suspension remainder of school day

3rd Offense

Confiscation, parent meeting, 1 day suspension 

4th Offense

Confiscation, parent notification, 2 day suspension 

5th Offense 

Confiscation, parent notification, 3 day suspension 

NOTE: Table above outlines consequences pertaining to nicotine, alcohol or marijuana.


  1. Unlawfully possessing or unlawfully offering, arranging, or negotiating to sell any drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code. 

1st Offense

Possession: Confiscation, parent meeting, 1 day suspension

Selling: Confiscation, parent meeting, 3 day suspension

2nd Offense

Possession: Confiscation, parent notification, 2 day suspension

Selling: Confiscation, parent meeting, 5 day suspension

3rd Offense

Possession: Confiscation, parent notification, 3 day suspension

Selling: Confiscation, parent meeting, 5 day suspension and recommendation for expulsion


  1. Activation of false alarms or tampering with emergency equipment, fire-setting or attempted fire- setting. (Penal Code Sec. 447 and 455, 148.4) 

1st Offense

Parent meeting, student placed on behavior contract, up to 4 day suspension

2nd Offense

Parent meeting, up to 5 day suspension and recommendation for expulsion

NOTE: Notification must be made to law enforcement pertaining to any infraction related to safety and security alarms and signals. Notification must also be made to law enforcement pertaining to any infraction related to fires. 


  1. Harassed, threatened, or intimidated a pupil who is a complaining witness or witness in a school disciplinary proceeding for the purpose of preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both. 

1st Offense

Parent meeting, student placed on behavior contract, up to 4 day suspension

2nd Offense

Parent meeting, 5 day suspension, recommendation for expulsion


  1.   Causing, attempting, or threatening to cause physical injury or willfully using force or violence upon another person. 

1st Offense

Causing, attempting, threatening: parent meeting, student placed on behavior contract, up to 2 day suspension

Wilfully using force: Parent meeting, student placed on behavior contract, up to 4 day suspension

2nd Offense

Causing, attempting, threatening: parent meeting, up to 3 day suspension

Wilfully using force: Parent meeting, up to 5 day suspension and recommendation for expulsion

3rd Offense

Causing, attempting, threatening: parent meeting, up to 5 day suspension and recommendation for expulsion

NOTE:  An incident will be considered a mutual fight when two students engage in a physical altercation, regardless of who initiated the conflict. A student who allows themselves to be provoked into fighting will be considered as guilty as the one who starts the fight. It is the responsibility of the administrator to conduct an investigation to determine if one of the parties was acting in self-defense.


Any act committed against school staff shall warrant consequences starting at 2nd offense. If a student caused serious physical injury (as defined in Penal Code Section 243) to another person, except in self-defense, the executive director must recommend expulsion or report in writing to the governing board that expulsion is inappropriate due to the nature of the particular circumstances which shall be indicated in the report of the incident.


  1. Causing or attempting to cause damage to property--cutting, defacing, or otherwise injuring any school district property, or the malicious injury or destruction of any other person's real or personal property. (Penal Code Sec. 594) (E.C. 48900, sub-section f and t)

1st Offense

Parent meeting, student placed on behavior contract, 1 day suspension

2nd Offense

Parent meeting, 2 day suspension

3rd Offense

Parent meeting, 3 day suspension

4th Offense

Parent meeting, 4 day suspension

5th Offense

Parent meeting, 5 day suspension and possible recommendation for expulsion

NOTE: Damage valued in excess of $100.00 will warrant consequences starting at the 2nd offense. Parent/guardian will be held responsible for damage to school property up to the State established limit. When the minor and parent are unable to pay for the damages, the school shall provide a program of voluntary work for the minor in lieu of the payment of monetary damages. Participation in extra curricular school activities may be limited during the period of voluntary work. Parents or guardians of the student are also liable for the amount of a reward paid for information leading to the apprehension of person(s) causing damage up to the State established limit. 


  1. Threatening, intimidating, menacing, bullying or harassing (including sexual harassment) any other person, including through electronic medium

1st Offense

Parent meeting, student placed on behavior contract, up to 3 day suspension

2nd Offense

Parent meeting, up to 4 day suspension

3rd Offense

Parent meeting, up to 5 day suspension and recommendation for expulsion

NOTE: In the event an allegation of sexual harassment is not resolved informally to the satisfaction of a complainant, the complainant may use the complaint process for formal resolution of such complaints.


  1.   Engaging in, or having any part in hazing or committing any act that injures, degrades, or disgraces any other person attending school. Causing, attempting to cause, threatening to cause, or participating in an act of hate violence. 

 "Hazing" includes any method of initiation or pre-initiation into a student organization or student body or any pastime or amusement engaged in with respect to these organizations which causes, or is likely to cause bodily danger, physical harm, or personal degradation or disgrace.

1st Offense

Parent meeting, student placed on behavior contract, up to 5 day suspension

2nd Offense

Parent meeting, up to 5 day suspension and recommendation for expulsion


  1.   Stealing or attempting to steal school property or private property 

1st Offense

Parent meeting, student placed on behavior contract, up to 3 day suspension

2nd Offense

Parent meeting, up to 4 day suspension 

3rd Offense

Parent meeting, up to 5 day suspension and recommendation for expulsion

NOTE: Stolen items of value greater than $100.00 will warrant consequences starting at the 2nd offense. CVCHS is not responsible for the theft/loss of personal electronic devices at school or school-sponsored events. 


  1. Knowingly receiving stolen school property or stolen private property

1st Offense

Parent meeting, student placed on behavior contract, up to 3 day suspension

2nd Offense

Parent meeting, up to 4 day suspension 

3rd Offense

Parent meeting, up to 5 day suspension and recommendation for expulsion

NOTE: Stolen items of value greater than $100.00 will warrant consequences starting at the 2nd offense.

 

  1. Committing an obscene act or engaging in habitual profanity or vulgarity either verbally or in writing. 

1st Offense

Parent meeting, student placed on behavior contract, up to 1 day suspension

2nd Offense

Parent meeting, up to 2 day suspension 

3rd Offense

Parent meeting, up to 3 day suspension 

4th Offense

Parent meeting, up to 4 day suspension

5th Offense

Parent meeting, up to 5 day suspension and recommendation for expulsion 

NOTE: A student may be suspended on the first offense for 5 days if such behavior disrupts school activities, threatens to disrupt the instructional process, or causes a danger to persons or property.


  1. Use of racial/ethnic slurs either verbally or in writing.

Note: A student may be suspended on the first offense for 5 days if such behavior disrupts school activities, threatens to disrupt the instructional process, or causes a danger to persons or property.

1st Offense

Parent meeting, student placed on behavior contract, up to 3 day suspension

2nd Offense

Parent meeting, up to 4 day suspension 

3rd Offense

Parent meeting, up to 5 day suspension and recommendation for expulsion

NOTE: Any act committed against school staff would warrant consequences starting at the 2nd offense.


  1. Possessing any objects of a dangerous nature, including but not limited to, laser pointers and spiked accessories (unless in the case of possession of any such object, the pupil had obtained written permission to possess the item from a school employee, which is concurred by the principal or the designee of the principal) ON CAMPUS if the principal deems expulsion inappropriate.

1st Offense

Parent meeting, student placed on behavior contract, up to 3 day suspension

2nd Offense

Parent meeting, up to 4 day suspension 

3rd Offense

Parent meeting, up to 5 day suspension and recommendation for expulsion


  1. Forging, falsifying, altering, or using forged school correspondence, passes, parking permits or re- admit slips 

1st Offense

Parent meeting, student placed on behavior contract, up to 1 day suspension

2nd Offense

Parent notification, up to 2 day suspension 

3rd Offense

Parent notification, up to 3 day suspension 

4th Offense

Parent notification, up to 4 day suspension

5th Offense

Parent meeting, up to 5 day suspension and recommendation for expulsion 


  1. Violating the use of technology, network, and electronic information policy.

1st Offense: Warning to student. Loss of network privileges or other alternative consequences     
2nd Offense: Detention/Saturday School and loss of network and computer use     
3rd Offense: 1-3 Day Suspension. Possible recommendation for expulsion or alternative education

1st Offense

Parent meeting, student placed on behavior contract, up to 1 day suspension

2nd Offense

Parent notification, up to 2 day suspension 

3rd Offense

Parent notification, up to 3 day suspension 

4th Offense

Parent notification, up to 4 day suspension

5th Offense

Parent meeting, up to 5 day suspension and recommendation for expulsion 


  1. Possessing or using tobacco (or any products containing tobacco or nicotine products) in grades 7- 12.  Tobacco and nicotine products include, but are not limited to, cigarettes, E-cigarettes and paraphernalia, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. Includes VAPING. 

1st Offense

Confiscation, parent meeting, student placed on behavior contract.

2nd Offense

Confiscation, parent notification, in-school suspension assigned for remainder of school day

3rd Offense

Confiscation, parent notification, 1 day suspension 

4th Offense

Confiscation, parent notification, 2 day suspension

5th Offense 

Confiscation, parent meeting, 3 day suspension 


  1. Lying, giving false information to school personnel or failing to identify oneself. CVCHS students are expected to have their ID with them at all times and provide it immediately upon request from any school personnel.

1st Offense

Parent meeting, student placed on behavior contract, up to 1 day suspension

2nd Offense

Parent notification, up to 2 day suspension 

3rd Offense

Parent notification, up to 3 day suspension 

4th Offense

Parent notification, up to 4 day suspension

5th Offense

Parent meeting, up to 5 day suspension and recommendation for expulsion 


  1. Tampering with property of the school or belongings of any other person.

1st Offense

Parent meeting, student placed on behavior contract, up to 1 day suspension

2nd Offense

Parent notification, up to 2 day suspension 

3rd Offense

Parent notification, up to 3 day suspension 

4th Offense

Parent notification, up to 4 day suspension

5th Offense

Parent meeting, up to 5 day suspension and recommendation for expulsion 


  1.   Cheating   

1st Offense

Parent notification, “F” for assignment

2nd Offense

Parent meeting, student placed on behavior contract

3rd Offense

Parent meeting, student assigned “W/F” for the class and class removed from schedule, notice entered in student’s file


  1. Violation of Closed Campus Policy and/or Being in a parking lot without proper authorization

1st Offense

Parent notification, warning to student

2nd Offense

Parent meeting, student placed on behavior contract

3rd Offense

Parent notification, up to 1 day in-school suspension

4th Offense

Parent notification, up to 2 day in-school suspension

5th Offense

Parent meeting, up to 3 day suspension

NOTE: Student parking permits may also be revoked if parking permit has been issued. 


  1. Gambling and wagering, or habitually being present where gambling and wagering are taking place.

1st Offense

Parent meeting, student placed on behavior contract

2nd Offense

Parent notification, up to 2 day in school suspension

3rd Offense

Parent notification, up to 3 day suspension

4th Offense

Parent notification, up to 4 day suspension

5th Offense

Parent meeting, up to 5 day suspension and recommendation for expulsion


  1. Loitering on or about any campus without apparent lawful purpose. 

1st Offense

Parent notification, warning to student

2nd Offense

Parent meeting, student placed on behavior contract

3rd Offense

Parent notification, up to 1 day in-school suspension

4th Offense

Parent notification, up to 2 day in-school suspension

5th Offense

Parent notification, up to 3 day suspension (out of school)

NOTE: A student may be subject to arrest according to Penal Code 653G if he/she loiters at or near any school or public place at or near where students attend or normally congregate, or re- enters or comes upon such school or place after being asked to leave by a school official. According to PC 653G, punishment for loitering includes a fine not to exceed $1,000 and/or imprisonment in the county jail not to exceed six months.


  1. Any dress, grooming, or appearance which disrupts, or tends to disrupt the educational process, or affect the health or safety of individuals shall be prohibited. Any violation of the CVCHS dress code. 

1st Offense

Parent notification, warning to student, removal of article of clothing

2nd Offense

Parent meeting, student placed on behavior contract, removal of article of clothing

3rd Offense

Parent notification, 1 day in-school suspension

4th Offense

Parent notification, 2 day in-school suspension

5th Offense

Parent notification, 3 day suspension


  1. Improper use of any electronic device

1st Offense

Parent notification, warning to student, confiscation

2nd Offense

Parent meeting, student placed on behavior contract, confiscation

3rd Offense

Parent notification, up to 1 day in-school suspension, confiscation

4th Offense

Parent notification, up to 2 day in-school suspension, confiscation

5th Offense

Parent notification, up to 3 day suspension


  1. Willful defiance or disobedience: A willful act, verbal or non-verbal, that demonstrates deliberate resistance or refusal to object a reasonable request or directive issued by a school district employee.

Examples: Including but not limited to: Eating/drinking in class, willfully defying staff in a non-safety related incident, non-habitual use of profanity or vulgarity, verbal insults/putdowns/name calling (non-discriminatory), horseplay, etc.

1st Offense

Parent meeting

2nd Offense

Parent notification, 1 day in-school suspension,  student placed on behavior contract 

3rd Offense

Parent notification, 2 day in-school suspension

4th Offense

Parent notification, 3 day suspension (out of school)

5th Offense

Parent meeting, 5 day suspension and recommendation for expulsion


  1. Interfering with the peaceful conduct of the campus or classroom: Any willful act of a minor but annoying nature, verbal or non-verbal, that disrupts the educational process, distracts from the educational environment, or interrupts any administrative, disciplinary, or other activity sponsored or approved by the district.

Examples: Including but not limited to: Minor altercation not resulting in actual fight (i.e. pushing/shoving), bullying etc.

1st Offense

Parent meeting, student placed on behavior contract 

2nd Offense

Parent meeting, 1 day in-school suspension

3rd Offense

Parent notification, 2 day in-school suspension

4th Offense

Parent notification, 3 day suspension (out of school)

5th Offense

Parent meeting, 5 day suspension and recommendation for expulsion


  1. ID Card not in possession

1st Offense

Parent notification, warning to student

2nd Offense

Parent notification, warning to student

3rd Offense

Parent notification, up to 1 day in-school suspension


Level 2 - Actions that will result in suspension and the recommendation for expulsion

unless the Executive Director finds that expulsion is inappropriate, due to the particular circumstance.

 

  1. Caused serious physical injury to another person, except in self-defense. An individual must do everything possible to avoid a conflict. Acts of aggression will not be considered self-defense.

NOTE: “Serious bodily injury” means a serious impairment of physical condition including, but not limited to, the following:  loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement. (P.C. 243 (f) (4) Note:  An incident will be considered a mutual fight when two students engage in a physical altercation, regardless of who initiated the conflict.  A student who allows him/herself to be provoked into fighting will be considered as guilty as the one who starts the fight.  It is the responsibility of the administrator to conduct an investigation to determine if one of the parties was acting in self-defense.

 

  1. Committed or attempted to commit robbery or extortion (E.C. 48915 and 48900 sub-section e)

 

  1. Committed assault or battery on school personnel (Penal Code Sec. 240, 242) (E.C. 48915 and E.C. 48900, sub-section a, E.C. 44014)

 

  1. Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object of no reasonable use to the pupil on school grounds or at a school related activity off school grounds unless in the case of possession of any such object, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal, or the designee of the principal. This includes pepper spray and mace. Note: A knife includes, but is not limited to, a dirk, dagger, ice pick, razor any folding blade knife, any locking blade knife, fixed blades longer than 3 ½”, or objects with a fixed, sharpened blade designed to cut or stab.

NOTE: Furnishing or possessing an imitation controlled substance (look-a-likes) with the intent to distribute will result in the same consequences as listed above. Imitation controlled substances are considered "dangerous objects." This offense is also in violation of Health and Safety Code 11680.

NOTE: Look-a-like (imitation) toy guns refers to a replica of a firearm that is substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. 

NOTE: Possession of tear gas/tear gas weapon/pepper spray/mace is considered a dangerous object. (Penal Code Sec. 12401, 12402)


  1.   Committed a terroristic threat including, but not limited to, a bomb threat. This includes any threatening statement, written or oral, which threatens death, great bodily injury or property damage in excess of $1,000, even if there is no intent of actually carrying it out.

NOTE: The elements of a Terrorist Threat include the intent that the statement be taken as a serious threat, the gravity and immediacy of the threat is unequivocal, unconditional, immediate and specific, and causes sustained fear in the person/people threatened


Level 3 - Actions that will result in the Recommendation for Expulsion as Mandated by Law 

  1. Possessing, selling, or otherwise furnishing a firearm, unless in the case of possession of any such object, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the Executive Director or the designee of the Executive Director. (E.C. 48915, subdivision (c) (1))
  1.   Brandishing a knife at another person. 

NOTE:  Brandishing means to display or wield in a threatening manner.

  1.   Unlawfully selling, offering, arranging, or negotiating to sell any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.
  1.   Committed or attempted to commit a sexual assault as defined in Sections 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.
  1. Possession of an explosive.