Exceptional Misconduct
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Districts must clearly state the types of behaviors for which discipline may be administered. There are categories of behaviors that are considered to be exceptional student misconduct. School authority exists on school property, district-provided transportation, school bus stops, and during any school activity, function or event when held off the school grounds and/or when student misconduct is taken off campus and/or occurs to/from school and disrupts the educational process, which includes activities that may occur while in remote/virtual learning. Behaviors such as those described below, because of their impact on the school environment, may result in a classroom exclusion, in-school suspension, short-term or long-term suspension, emergency expulsion or expulsion depending on the level or severity for the infraction. Examples of Exceptional Misconduct may include, but are not limited to, the following:
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Academic dishonesty
Plagiarism is the practice of taking someone else’s work or ideas and passing them off as one’s own. Academic Dishonesty is defined as any action or attended action that may result in creating an unfair academic advantage for oneself or an unfair academic advantage or disadvantage for any other student. This may include, but not limited to, submitting work of others represented as the student’s own; or assisting another student in doing so; distributing, sharing or receiving completed class assignments/tests; using unauthorized sources; cheating on tests, assignments or other schoolwork; altering own or another’s grade(s).
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Arson/Incendiary devices
The intentional setting or attempted setting of fire which may include the use of incendiary devices such as a weapon or bomb to start a fire.
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Bullying
Bullying is defined as intentional, unwanted, aggressive behavior that involves real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time. In order to be considered bullying, the behavior must be aggressive and include an imbalance of power, such as physical strength, access to embarrassing information or popularity to control or harm others. Repetition describes behaviors that happen more than once or have the potential to happen more than once. Bullying includes actions such as making threats, spreading rumors, attacking someone physically or verbally, and excluding someone from a group on purpose. Cyberbullying is bullying using electronic devises to initiate repeated negative behavior toward a less-powerful person. Electronic name-calling, shunning, shaming, spreading rumors, gossiping and making online threats are examples of cyber-bullying.
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Disruptive Conduce
Behaviors that materially and substantially interfere with the educational process or invade the rights of others. Examples may include, but are not limited to: the use of electronic speech such as social media, texting and/or video that occurs off campus when it causes or can be reasonably predicted to cause a substantial disruption to school or a school- sponsored activity; threat of force, violence or related conduct (e.g., threats), or use of noise and/or odor devices (e.g., pulling a false fire alarm; setting of stink bomb); protests, walk-outs, sit-ins, or intentionally causing the disruption or obstruction of any function of the Mukilteo School District.
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Drugs/Alcohol/Marijuana
The use of alcohol, marijuana, controlled substances and items purported to be alcoholic, marijuana or controlled substances, as well as the intent to sell or the possession of such substances or paraphernalia, are in violation of District policy and will not be tolerated on school grounds or at any function or activity approved, sponsored or supervised by Mukilteo School District. This includes the sale, manufacturing, purchase, transfer, being under the influence of, or showing evidence of (reasonable suspicion of) having used any illicit drug, alcohol, marijuana, marijuana food byproducts, controlled substance, synthetic drugs, look-alike drug/substance purported to be a drug, or misuse of any prescription drug or the misuse of over-the-counter medications.
Students shall not possess, use, transmit, sell, be under the influence of, or show evidence of having used any substances capable of or intended, purported or presumed to be capable of altering a student's mood, perception, behavior or judgment, other than properly used over-the-counter pain relievers and medications prescribed by a licensed health care provider for an individual student. All medications used at school must meet the requirements of Board Policy and Procedures 3416 and 3416-P.
When it is determined a student has broken any school rule regarding drugs, alcohol, marijuana and/or any other substances referenced herein, the parent(s) or guardian(s) and the student will be notified that the school may be imposing a short-term, long-term suspension or expulsion due to exceptional misconduct. For offenses solely involving paraphernalia, the administrator may impose other forms of discipline. A school administrator will schedule a conference with the student’s parent(s) or guardian(s).
If drug and alcohol assessment and treatment are a condition for the student to return to school prior to the end of the exclusion, an administrator will review the referral process. The District shall provide, upon request from the student or the student’s parent/guardian, a list of resources for counseling. (Board Policy 3442). -
Extortion/Blackmail/Coercion
Obtaining money or property by violence or threats, or by forcing someone to do something against the student’s will by force or threats.
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Fraud
Fraud is defined as the wrongful deception intended to result in financial or personal gain and/or as a person or thing intending to deceive others. Conduct of a false nature including, but not limited to, written or electronic means such as using the name of another person or falsifying times, dates, grades, addresses or other educational or personal data.
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Gambling
Risking something of value in hopes of winning something else of value.
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Gang Activity/Gang Intimidation
A student who is enrolled in a public school or an alternative school may be suspended or expelled if the student is a member of a gang and knowingly engaged in gang activity on school grounds. “Gang” is a group which: (a) consists of three or more persons; (b) has identifiable leadership; and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes as defined in RCW 28A.600.455. Gang activity includes, but is not limited to, gang-related apparel and regalia; identifying self as gang related; tagging, gang signs, language; promoting and/or recruiting; showing affiliation, initiation activities, intimidation and/or willing observation.
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Harassment
RCW 28A.600.477 defines harassment, intimidation or bullying as any intentionally written message or image-including those that are electronically transmitted-verbal, or physical act, including but not limited to one shown to be motivated by race, color, religion, ancestry, national origin, gender, sexual orientation, including gender expression or identity, mental or physical disability or other distinguishing characteristics, when an act:
- Physically harms a student or damages the student's property
- Has the effect of substantially interfering with a student's education
- Is so severe, persistent or pervasive that it creates an intimidating or threatening educational environment
- Has the effect of substantially disrupting the orderly operation of the school
Examples may include (1) hate crimes/hate speech – acts in which victims are selected based on characteristics such as race, national origin, ethnicity, sex/gender, religion, sexual orientation or disability; (2) hazing – any method of initiation into a student organization or group that causes or is likely to cause bodily danger or physical harm, serious mental or emotional harm; (3) racial harassment – written, oral, graphic or physical conduct relating to an individual’s race, color or national origin that is sufficiently severe, pervasive or persistent; (4) sexual harassment – unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct directed at a person because of their sex. Examples of sexual harassment include, but are not limited to: unwelcome verbal harassment of a sexual nature or abuse; unwelcome pressure for sexual activity; unwelcome sexually motivated or inappropriate physical contact; unwelcome sexual behavior or words; unwelcome behavior; verbal or written words or symbols directed at an individual because of gender.
See Bullying, Indecency and/or Intimidation/Threats (Board policies 2020, 3214 and 3216). -
Illegal Activity
Acts found to be in violation of the law. Any felony that WAshington Law defines as a Class A felony or an attempt, criminal conspiracy, or solicitation to commit a Class A felony.
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Inappropriate behavior
Those behaviors that are not suitable or proper for a school setting and impede the educational rights of others to learn. Examples include, but are not limited to, physical aggression (hitting, kicking, pushing, spitting and biting); object aggression (throwing, breaking, knocking over objects); verbal aggression (any language verbal or non- verbal, directed at someone in a threatening or harmful manner, which may include obscene gestures); video/recording someone without permission; inappropriate use of technology, and/or written/artistic/graphic expression not appropriate for school or may meet the definition of harassment, intimidation or bullying.
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Inappropriate use of Technology Resources
See Technology Resources Board Policy and Procedures 2314/2314P.
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Indecency
Use of obscene or profane language either verbal or non-verbal, acts of vulgarity, indecent exposure and/or excessive public displays of affection; use of any electronic device for improper or illegal purposes (examples include, but are not limited to, sexting, sharing indecent images, pictures or videos). Students in possession of indecent images of anyone under the age of 18 are considered to be in possession of child pornography. See Harassment.
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Interference with school authorities/willful disobedience
Interfering with school personnel in the performance of their duties. This may include repeated failure to comply with or follow reasonable requests by law enforcement, teachers and/or staff. This may also include, but is not limited to, non-compliance, defiance, disrespect, and/or making false official statements.