The School District is committed to providing a safe, respectful, and productive educational environment for students and staff. This Student Code of Conduct, along with the School District’s Board of Education Policies and Administrative Regulations, set forth clear expectations for student behavior and identify consequences for misconduct that disrupts learning, impacts safety, or interferes with the rights of others. However, these documents do not limit the School District’s lawful authority or provide an exhaustive list of prohibited conduct.

All students and parents* are expected to review this Code of Conduct, as well as Board Policies and Administrative Regulations referenced herein. Student and parent acknowledgment of receipt is enclosed in the Rochester Community Schools Annual Enrollment Verification process. Failure to acknowledge receipt of Student Code of Conduct in the Annual Enrollment Verification process does not relieve a student of their obligation to act in accordance with the expectations, rules, and guidelines set forth in this Student Code of Conduct.

As used within this Student Code of Conduct, the term “Superintendent” is intended to mean the Superintendent of Rochester Community Schools or a designee of the Superintendent’s choosing, oftentimes referred to as a “Hearing Officer.”

*The word “parents,” when used in this Student Code of Conduct includes legal guardians and, where required by law, those acting in the place of parents. 

Student participation in interscholastic or extracurricular activities and athletics is a privilege, not a right. Student athletes are subject to the Student Code of Conduct at all times, as well as the additional disciplinary rules that govern participants who represent the School District as members of an athletic team. Additional rules and expectations are set forth in the Athlete Code of Conduct.

Student Drivers 
Student drivers must be licensed and receive permission from the School District to park their vehicle on School District property or use their vehicle during the school day.  Student drivers must register with their school and park only in designated areas. A student driver who fails to comply with these requirements, or who uses their vehicle unsafely or unlawfully on school property or while driving to or from school or School District-related events, may lose parking privileges and/or face other disciplinary action.

School Transportation 
Students transported by the School District to or from school or a School District-related event must comply with the Student Code of Conduct and all other applicable District and school rules, as well as any driver directives.  Students who fail to do so may lose transportation privileges and/or face disciplinary action.  Examples of misconduct that may lead to temporary or permanent suspension of transportation privileges or other possible disciplinary action include, but are not limited to: insubordination, smoking, fighting, profane or foul language, and destruction of property.

The style and manner in which a student dresses while attending school and school-related functions are largely the responsibility of the student and the student’s parents.  The School District, however, maintains the right to impose reasonable restrictions on dress and grooming, where the style of dress or grooming is reasonably considered disruptive or detrimental to the School District’s mission and/or the health, safety, or welfare of the student or other students with whom the student attends school.

The School District cooperates with local police authorities in the interest of the welfare of all citizens and the school community. Parents will be notified if police arrest or wish to question their student in school. The timing of parental notification will depend on the circumstances taken as a whole.

Except as required by law, the School District retains discretion to report suspected unlawful conduct and other events impacting the safety of students, staff, or others, to appropriate law enforcement agencies. Such events may include:

• Arson;
• Bomb threat;
• Death or homicide;
• Drive-by shooting;
• Explosion;
• Illegal drug use, overdose, possession, or sale;
• Intruders;
• Larceny;
• Minor in possession of alcohol/tobacco products;
• Physical assault (i.e., fights);
• Robbery or extortion;
• Sexual assault;
• Suicide attempt or threat of suicide;
• Unauthorized removal of Students;
• Vandalism/destruction of property; and
• Weapons on School District property.

From time to time, school property, such as lockers, desks, and technology devices, is assigned to a student.  Students do not acquire a reasonable expectation of privacy in such property.  The School District reserves the unrestricted right to search and seize property assigned to a student at any time, for any reason, with or without notice to the student or the student’s parents. The privacy rights of students will be respected regarding any items found during a search that are not illegal or otherwise prohibited by School District policy or administrative regulations.

The School District makes parking available to students who are licensed drivers. This privilege is conditioned on students’ consent, in advance, to the search of their vehicles by School District personnel at any time, for any reason, with or without notice to the student.

School District personnel may, to the full extent permitted by law, search and seize students and their personal effects. Illegal items and items inappropriate in the educational environment may be confiscated by School District personnel and, when appropriate, delivered to police authorities or parents.

Student Bullying 

Implementation. 

Responsible School Official.  The Principal of each school building is primarily responsible for implementing this administrative regulation and its corresponding policy for the school to which the Principal is assigned. 

Reporting.  The Superintendent shall report to the Board of Education, on an annual basis, all verified incidents of bullying, and the resulting consequences that were imposed. 

Definitions.  The following definitions apply for purposes of this administrative regulation and its corresponding policy: 

“Bullying” means any written, verbal, or physical act, or any electronic communication, including, but not limited to, cyberbullying, that is intended or that a reasonable person would know is likely to harm one or more School District students, either directly or indirectly, by doing any of the following: 

1. Substantially interfering with educational opportunities, benefits, or programs; 

2. Adversely affecting a student's ability to participate in or benefit from educational programs or activities by placing a student in reasonable fear of physical harm or by causing substantial emotional distress; 

3. Having an actual and substantial detrimental effect on a student's physical or mental health; or 

4. Causing substantial disruption in, or substantial interference with, the orderly operation of the school. 

“At school” means in a classroom, anywhere else on school premises, on a school bus or other school-related vehicle, and at a school-sponsored activity or event, whether or not it is held on school premises.   

"At school" includes the off-premises use of a telecommunications access device or telecommunications service provider if the device or service provider is owned by or under the control of the School District. 

“Cyberbullying” means any electronic communication that is intended or that a reasonable person would know is likely to harm one or more students either directly or indirectly by doing any of the following: 

1. Substantially interfering with educational opportunities, benefits, or programs; 

2. Adversely affecting a student's ability to participate in or benefit from educational programs or activities by placing a student in reasonable fear of physical harm or by causing substantial emotional distress; 

3. Having an actual and substantial detrimental effect on a student's physical or mental health; or 

4. Causing substantial disruption in, or substantial interference with, the orderly operation of the school. 

Accountability.  Each student in the School District is accountable for their own behavior, based on age-appropriate expectations.  Respect for all students is part of a safe and healthy learning environment.  Each student is expected to demonstrate respect through their interactions with the give-and-take of friendships, group cooperation, social interaction, compromise, and acceptance of differences among other students and staff. 

Retaliation.  Retaliation against a target of bullying, a witness, another person with reliable information about an act of bullying or any person who reports, is thought to have reported, files a complaint, or otherwise participates in an investigation or inquiry concerning allegations of bullying is prohibited and will not be tolerated.  Such retaliation shall be considered a serious violation of Board policy independent of whether a complaint is found to have been substantiated.  Suspected reprisal or retaliation should be reported in the same manner as bullying. 

Making intentionally false reports about bullying for the purpose of getting someone in trouble is similarly prohibited and will not be tolerated.  Retaliation and intentionally false reports may result in disciplinary action. 

Complaint Procedure.  In order to implement the bullying policy, the School District has developed the following complaint procedure: 

A student who believes they have been the victim of bullying or cyberbullying must immediately report the incident(s) to the building principal.  A student's parent must also report any such incident(s) on behalf of the student.  Upon receipt of a report (complaint), the principal or designee (the investigator) will conduct a prompt investigation.  At the request or with the permission of the complainant, the investigator may first attempt to resolve the matter informally, such as through restorative practices.  Informal steps will not, however, cause a substantial delay in the investigation.  The complainant may, at any time, request that the matter move to a formal investigation.  Where the bullying activity is alleged to have been based, in whole or in part, on the protected classifications of race, color, sex, national origin, or disability, the building principal will notify the School District's designated Compliance Officer or Coordinator pursuant to Board of Education Policy [insert Board policy number here]. 

Step 1:  Formal Investigation.  The investigator will interview the complainant and document the interview.  Generally, the complainant will be asked to reduce the complaint to writing, to provide the names and contact information, if known, of any persons who witnessed and may be able to substantiate the allegations of the complaint, and to produce any documents or other things supporting the complaint.  The complainant will be directed not to discuss the complaint with other students while the investigation is pending.   

The investigator will interview the accused and document the interview.  Generally, the accused will be asked to reduce their response to writing and to produce any documents or other things supporting their response.  The investigator should not disclose the identity of the complainant unless this is necessary to enable the accused student to respond to the allegations.  The accused will be directed not to contact the complainant, if the complainant’s identity is known or suspected, or retaliate or threaten to retaliate in any way against the complainant or any potential witnesses 

In the event of a significant discrepancy between the complainant and the accused, the investigator will interview other persons reasonably necessary to resolve the discrepancy. 

Step 2:  Decision. 

Complaint Found Valid.  If the investigator concludes that the complaint is valid (i.e., bullying or cyberbullying in violation of School District policy has occurred), the following actions will be taken:   

• The parent of both the complainant and the accused will be notified of the results of the investigation;  

• The results of the investigation will be reported to the Superintendent;  

• The Superintendent will consider whether restorative practices may be appropriate and, if so, invite the complainant and the accused to participate in a restorative practices team meeting;  

• The Superintendent will consider whether disciplinary action may be appropriate and, if so, initiate disciplinary action in accordance with the Student Code of Conduct; and 

• The Superintendent will determine whether relief to the complainant is feasible and available. 

Complaint Found Not Valid.  If the investigator concludes that the complaint is not valid (i.e., no bullying or cyberbullying in violation of School District policy has occurred or can be substantiated), the following actions will be taken:  

• The parent of both the complainant and the accused will be notified of the results of the investigation;  

• The complainant and the accused will be reminded the School District prohibits retaliation or threats of retaliatory action;  

• The results of the investigation will be reported to the Superintendent; and  

Any references to the complaint will be removed from the education records of the accused.  The investigator will retain the investigative file for at least three (3) years. 

Rebuttable Presumption
The School District has discretion in determining the appropriate disciplinary consequences for a student’s misconduct. Before suspending or expelling a student, the School District will consider each of the following individual factors in exercising that discretion:

• The student’s age;
• The student’s disciplinary history;
• Whether the student has a disability;
• The seriousness of the student’s misconduct or behavior;
• Whether the student’s misconduct or behavior threatened the safety of any student or staff member;
• Whether restorative practices will be used to address the student’s misconduct or behavior; and
• Whether a lesser intervention would properly address the student’s misconduct or behavior.

Under Michigan law, there is a rebuttable presumption that a long-term suspension or expulsion is not justified, unless the School District can demonstrate that it considered each of the seven factors listed above. This rebuttable presumption does not apply to short-term suspensions (i.e., 10 school days or fewer) or to a student who possesses a firearm in a weapons free school zone. Therefore, the School District administrator implementing the long-term suspension or expulsion will consider and document consideration of the seven factors listed above.

Restorative Practices 
Consistent with Michigan law, the School District will consider using restorative practices as an addition or alternative to suspension or expulsion. Restorative practices are practices that emphasize repairing the harm to the victim and the school community caused by a student’s misconduct or other behavior. Restorative practices may include victim-offender conferences, community service, restoration, counseling, or payment of restitution.

Restorative practices should be the first consideration to remediate offenses such as interpersonal conflicts, bullying/cyberbullying, verbal and physical conflicts, theft, damage to property, class disruption, and harassment.

Administrative Intervention
Disciplinary action which does not result in a student being suspended or expelled from school and which includes, but is not limited to, restorative practices. Administrative intervention may include the temporary removal of a student from class, in-school suspension, a reprimand, restitution, detention, meeting with administration, additional work/classroom assignments, community service, restorative practices, contact with parents, or revocation of the privilege of participating in extracurricular activities, athletics, or other after school functions and activities.

Snap Suspension 
Exclusion of a student from a class, subject, or activity by a teacher for up to one full school day if the student engages in conduct that interferes with the education of that student or others or impacts the safety or welfare of others in the school community.
Exclusion of a student from school for fewer than 60 school days or exclusion from school which will terminate upon the fulfillment of a specific set of conditions. 

Suspension 
Exclusion of a student from school for disciplinary reasons for fewer than 60 school days. The District classifies a short-term suspension as a suspension of 10 days or fewer and a long-term suspension as a suspension of 10 days or more.

Expulsion 
Exclusion of a student from school for disciplinary reasons for 60 school days or more.

Introduction  
This Student Code of Conduct balances the School District’s obligation to maintain a safe educational environment with its obligation to teach appropriate behavior to students who engage in misconduct.

The Student Code of Conduct establishes the rules governing the most serious and obvious types of student misconduct. The prohibited acts listed in this Student Code of Conduct are not to be considered as an all-inclusive list or as a limitation upon the authority of school officials to appropriately address violations of a school building's individual rules and regulations, or other types of conduct that interferes with the good order of the school system, the proper functioning of the educational process, or the health and safety of students.

Attendance and Tardiness Policies 
The Student Code of Conduct does not include the School District's attendance and tardiness policies, the School District's requirements for credit and graduation, or the School District's authority to regulate the participation of students in extracurricular and athletic activities.

A student violating any of the prohibited acts listed in this Student Code of Conduct will be disciplined in accordance with the Code of Conduct. 

Unless otherwise specified, when determining the penalties for each of the prohibited acts below, the applicable School District administrator(s) will consider a number of factors, including: the severity of the conduct; the impact of the conduct on the school and surrounding community; the student’s disciplinary history; applicable Board of Education policies; and state and federal laws. When determining whether to suspend or expel a student, except for possession of a firearm in a weapon free school zone, the School District administrator(s) will consider the seven individual factors listed above. Additionally, a student who engages in a prohibited act that violates the law may be referred to the appropriate police authority. 

Unless specifically stated otherwise below, students may be subject to disciplinary consequences when they engage in a prohibited act in the following circumstances:

• On school property;
• On a school bus or other school-provided transportation;
• At a school-related activity, function, or event;
• While using a District-provided device, application, or program; or
• When such act causes a substantial disruption in, or substantial interference with, the orderly operation of the school, regardless of where the conduct occurs.

Introduction 
These procedures govern the suspension, expulsion, or permanent expulsion of a student from the School District's regular educational program.

If a student charged with violation of this Student Code of Conduct has been returned to the regular school program pending a decision by a School District administrator, the reinstatement does not limit or prejudice the School District's right to suspend or expel the student following a decision by a District administrator or the Board of Education.

The initial judgment that a student has engaged in a prohibited act under this Student Code of Conduct shall be made by the building administrator.

Short-Term Suspension (i.e., 10 School Days or Fewer)  
As a general rule, prior to any out-of-school suspension, the building administrator will:

• Inform the student of the misconduct or behavior for which discipline is being considered and, if the student denies the misconduct or behavior, an explanation of the evidence the administrator possesses.
• Provide the student with an opportunity to explain their version of the facts; and
• Consider each of seven individual factors listed on page 5 of this Student Code of Conduct.

If a student's presence in school poses an immediate danger to persons or property or an ongoing threat of disruption to the educational process, the building administrator may immediately suspend the student, and as soon thereafter as reasonable, provide the student with their due process rights as set forth above.

If, after following this procedure, the administrator determines that the student has engaged in a prohibited act under the Student Code of Conduct, the administrator may impose a disciplinary penalty of a short-term suspension.

The building administrator or designee shall inform the student's parent and/or guardian of the suspension and of the reasons and conditions of the suspension, first in person or by phone, and subsequently in writing. A “Notice of Suspension” is to be completed, with copies going to the parent, the counselor, and the student’s file. A building administrator's decision to impose a short-term suspension is final and not subject to further review or appeal.

During a short term out-of-school suspension, the student will be given the opportunity to complete school assignments. The following conditions will apply:

• A request for homework will be initiated by the building administration.
• The student or parent has the responsibility for obtaining the assignments from the school.
• The assigned homework must be completed and ready to turn in upon return date to school. Additional time may be granted by a building administrator and the teacher for extenuating circumstances.
• Specific labs and activity-based assignments will be available to the students at the teacher’s discretion. If unassigned, the lab or activity will not count against the student’s grade.

Long-Term Suspension (i.e., 11 School Days or More), Expulsion (60 School Days or More), and Permanent Expulsion 

Step 1.  If the building administrator decides that a long-term suspension or expulsion is warranted, the student and the parent shall be notified in writing of:

• The charge(s) against the student;
• The recommended disciplinary action;
• The fact that a hearing will be held before the Superintendent; and
• The time, place, location, and procedures to be followed at the hearing.

The written notice will also document the building administrator’s consideration of the individual factors listed on page 5 of this Student Code of Conduct and consideration of restorative practices.

If the building administrator decides the student’s presence in school would present a danger to the student, other students, school personnel, or the educational process, the student will be suspended pending the decision of the Superintendent or designee.  If the building administrator determines that the student would not present a danger as described above, the student may be returned to school pending the decision of the Superintendent.  If the student is suspended pending a decision of the Superintendent or designee, the hearing will commence within ten (10) school days following the initial suspension of the student.  If the student is not suspended pending the decision of the Superintendent, then the Superintendent or designee will schedule the hearing to be held within fifteen (15) school days following the completion of the building principal’s investigation of the charges.  The timelines for commencement of the hearing may be extended at the discretion of the Superintendent or designee, upon the request of the administrator, student, or parent.

Step 2. A hearing before the Superintendent will be held for the purpose of determining the truth or falsity of the charges against the student and, if the charges are found to be true, the consideration of the individual factors listed on page 5 of this Student Code of Conduct, the consideration of restorative practices, and the appropriate disciplinary measures to be imposed.

The student and/or the student’s parent may notify the School District that they waive their right to a hearing. In such cases, the principal's recommended disciplinary penalty will ordinarily be imposed, provided, however, that if the recommended penalty is expulsion or permanent expulsion, the Superintendent will nevertheless make the final decision.

The Superintendent may amend the principal's charges upon request by the building administrator, student, or parent, or at the discretion of the Superintendent or designee based on the evidence presented at the hearing. Additionally, the Superintendent may impose a greater or lesser penalty than that imposed or recommended by the building administrator.

Step 3.  The Superintendent's decision shall be given orally to the student and parent not later than two (2) school days after the close of the hearing. A written decision will be mailed within four (4) days after the closing of the hearing. These timelines, however, may be extended by the Superintendent or designee due to extenuating circumstances, in which case written notice should be provided to the student and parent.

Step 4.  A decision by the Superintendent to permanently expel a student may be appealed to the Board of Education’s Expulsion Appeal Panel by filing a written notice with the Superintendent within five (5) school days of receipt of the decision.  The Expulsion Appeal Panel will consist of three Board of Education Members and one building administrator from a High School, Middle School, and Elementary School in which the student is not enrolled, along with the Superintendent.

An appeal to the Expulsion Appeal Panel will not involve further testimony or new evidence.  During the appeal hearing, the Superintendent will share the results of the hearing at the Superintendent’s level and make a recommendation to the Expulsion Appeal Panel. The student, parent or a legal representative will have an opportunity to address the Expulsion Appeal Panel. The Expulsion Appeal Panel may ask questions of the Superintendent, the parent, or the student and will render a written decision on the appeal within fifteen (15) school days. The decision of the Expulsion Appeal Panel will be final on all expulsions.

Readmission

After Long-Term Suspension.  Following a long-term suspension, the student shall not be readmitted to any school within the Rochester Community Schools except by action of the Superintendent. After the student’s absence from school for the specified time, the student or his/her parent or guardian may seek readmission by applying to the Superintendent. The Superintendent may readmit the student if he/she can satisfactorily demonstrate that he/she has made a sincere effort at rehabilitation subsequent to the long-term suspension and will not represent a threat to the safety and welfare of the students of the Rochester Community Schools.

The Superintendent shall base his/her decision in part on the severity of the incident leading to the long-term suspension. The Superintendent may further qualify for readmission upon specified conditions, which he/she determines are appropriate. An application for readmission shall be filed with the Superintendent prior to the term for which readmission is sought. If, as a result of the recommendation for long term suspension, the parents voluntarily withdraw the student from school, the student shall follow the readmission procedure applicable to the long-term suspension student.

If the student fails to uphold the specified conditions for readmission set forth during the readmission hearing, the Superintendent’s decision regarding the student’s enrollment in Rochester Community Schools is final.

The Superintendent may also require restorative steps in order to re-establish community culture following the District's commitment to Restorative Practices.

After Expulsion.  The student and/or his/her parent(s) or guardian(s) may petition to return to Rochester Community Schools pursuant to MCL 380.1311.

This Student Code of Conduct is intended to be consistent with Michigan law, the Policies of the Board of Education, and Administrative Regulations promulgated by the Superintendent. If there are any inconsistencies, they should be resolved based on the following order of authority: (1) Michigan law; (2) Board Policies; (3) Administrative Regulations; and (4) this Student Code of Conduct.