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. Because of the impact on the school environment, may result in an exclusion from class, school, or district depending on the frequency, intensity, or level of severity for the infraction.

Significant Disruptive Behavior | Exceptional Misconduct

The following infractions have been judged so serious in nature and/or so serious in terms of disruptive effect upon the operation of the school(s) that students may be subject to an emergency removal and/or suspension (short-term or long-term) for even a first-time offense. Because each situation is handled individually, administrators have the discretion to use other alternative forms of discipline. This may include restitution for property damage or loss, and/or restitution to victims if appropriate.

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. An offense defined under RCW 9A.48.020 or RCW 9A.48.030.

Assault | ”Assault” – refers to behavioral violations that meet the definition of an offense directed toward another:

• ”Assault II” RCW 9A.36.011 or RCW 9A.36.021—which may include behavioral violations under WAC 392-172A-05149(1)(c) involving “serious bodily injury” as defined under Section 1365 (h)(3) of Title 18, U.S.C.
• “Assault I” Offense upon another person that does not meet definition under RCW 9A.36.011 or RCW 9A.36.021.
• “Assault of a Teacher” refers to behavioral violations that meet the definition of an offense directed toward a teacher under WAC 392-400-810(1) and RCW 28A.600.460(2)—which may include behavioral violations under WAC 392-172A-05149(1)(c) involving “serious bodily injury” as defined under Section 1365 (h)(3) of Title 18, U.S.C.
• “Sexual assault” behavioral violations that meet the definition of certain sex offenses under RCW 9.94A.030(47).

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 Medication at School [Board Policy 3416 and Procedures 3416-P].

Substance Abuse Prevention [Board Policy 2167] | When it is determined that a student has broken any school rule regarding drugs, alcohol and/or any other controlled or harmful substances, the parent(s) or guardian(s) and the student will be notified and the student will be subject to corrective action as outlined in Classroom Management, Discipline, and Correction Action [Board Policy 3241 and Procedures 3241-P].

Further, drug and/or alcohol assessments and treatment may be set as conditions for the student to return to school prior to the end of the exclusion. The District shall provide, upon request from the student or their parents/guardians, a list of counseling resources.

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.

Fighting with Major Injury | Involves mutual participation in physical violence where there is injury that meets the definition of “substantial bodily harm” or “great bodily harm” under RCW 9A.04.110(4)-which may include behavioral violations under WAC 392-172A-05149(1)(c) involving “serious bodily injury” as defined under Section 1365 (h)(3) of Title 18, U.S.C.

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.

Gambling | Risking something of value in hopes of winning something else of value.

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 as defined under RCW 9A.46.120. The district may consider administering long-term suspension or expulsion in response to two or more behavioral violations within a three-year period.

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.

Illicit Drug Distribution | Delivery of controlled substances, excluding marijuana, under RCW 69.50.

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.

Theft/Robbery | Taking, removing and/or being in possession of School District property or the property of others without permission.

Weapons/Firearms | It is a violation of District policy and state law for any person to carry a firearm or dangerous weapon on school premises, school-provided transportation or areas of other facilities being used exclusively for school activities unless specifically authorized by State law.

Per RCW 9.41.280, it is unlawful for a person to carry onto, or possess on, public or private elementary or secondary school premises, school provided transportation, or areas of facilities while being used exclusively by public or private schools: Any firearm, device commonly known as "nun-chu-ka sticks" or “throwing stars,” air gun, portable device commonly known as a stun gun, device or object intended to be used as a weapon with the intent to injure a person by shock or impulse, as well as various instruments (i.e., Any dirk or dagger, any knife with a blade longer than three inches, any knife with a blade which is automatically released by a spring/other mechanism or having a blade which opens/falls/ejects into position by force of gravity or by out/downward/centrifugal thrust, razor with an unguarded blade, sling shot, sandbag, or sand club; metal knuckles; metal pipe or bar used or intended to be used as a club; any explosive; weapon containing poisonous or injurious gas; any implement or instrument which has the capacity to inflict death and from the manner in which it is used, is likely to produce or may easily and readily produce death).

Students who violate this policy may be guilty of a gross misdemeanor. Students who violate this policy may constitute grounds for expulsion. School authority will notify law enforcement and parents/guardians. 

Firearm

Students who have possessed a firearm shall be expelled for not less than one year pursuant to the Gun-Free Schools Act and WAC 392-400-820(1) and RCW 28A.600.420(1). The Superintendent may modify the one-year expulsion for a firearm on a case-by-case basis. The District may also suspend or expel a student for up to one year if the student acts with malice (as defined under RCW 9A.04.110 and displays a device that appears to be a firearm.

Harassment, Intimidation, or Bullying (HIB)

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.

Intimidation/Threats | Implied or overt threats of physical violence, in person or online. Conduct or communication that (1) is intended to be harmful, humiliating or physically threatening and (2) shows hostility toward a person or persons which may include both verbal and non-verbal communication including “posturing.”

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 devices 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.

Types of Behavioral Violations may include but are not limited to:

• “Sexual harassment” an offense under RCW 28A.640.020(2)(f) and WAC 392-190-056.
• “Discriminatory harassment” conduct or communication that is intended to be harmful, humiliating, or physically threatening, and shows hostility toward a person or persons based on their real or perceived sex, race, creed, religion, color, national origin, sexual orientation, gender identity, gender expression, veteran or military status, disability, or use of a trained dog guide or service animal in violation of district policy.
• “Malicious harassment” behavioral violations that meet the definition of an offense under RCW 9A.46.020(1).

[Board Policy 3216 and Procedures 3216-P]

Other Disruptions to the Educational Process | Exceptional Misconduct

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.

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).

Destruction of Property | Causing intentional damage of school property or the property of others that meet the definition of violations under RCW 28A.635.060. The district may only consider administering long-term suspension or expulsion in response to two or more behavioral violations within a three-year period.

Failure to Cooperate | Repeated failure to comply with or follow reasonable and lawful directions or requests by school personnel in violation of district policy.

Fight Without Major Injury | Causing, or attempting to cause, physical injury or behaving in such a way as could reasonably cause physical injury to any person. This includes, but is not limited to fighting, instigating a fight and/or assault, and/or encouraging a fight in any manner including congregation, video recording, posting a fight online, disseminating a fight through social media; planning a fight, being a willing observer and/or failure to reveal prior knowledge of a fight to an administrator/designee.

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.

Inappropriate Use of Technology Resources [Board Policy 2314 and Procedures 2314-P]

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.

Intimidation of School Authorities | Interfering with school personnel by threatening them, either overtly or implied, during the performance of their duties, which may include both verbal and non-verbal communication including “posturing.”

Physical Aggression | Engaging in physical contact where a minor injury may occur (e.g. hitting, kicking, slapping, hair pulling, scratching, etc.) in violation of district policy.

Possession or Use of Alcohol, Marijuana, or Illicit Drugs |

Safety | Behavior that adversely impacts the health or safety of other students or educational staff under RCW 28A.600.015(6)(d) and meets the criteria for administering expulsion under WAC 392-400-445(2) or under RCW 28A.600.015(6)(d) and meets the criteria for administering long-term suspension under subsections (a) and (b)(ii) of WAC 392-400-440(2) but does not constitute a behavioral violation under any other category.

Sexually Inappropriate Conduct | Obscene acts or expressions, whether verbal or non-verbal.

Theft | Taking or knowingly being in possession of stolen property of district or of others without permission.

Tobacco/Vaping | Possession, use, distribution, intent to sell, or sale of tobacco/vaping products. Tobacco includes, but is not limited to, cigarettes, cigars, lighters, snuff, smoking tobacco, smokeless tobacco, nicotine, nicotine-delivering devices, electronic cigarettes and/or tobacco accessories, vaping and vaping products, e-cigarette and/or pod-style devices in accordance with RCW 28A.210.310. [Board Policy 4335]

Trespass | Being present in an unauthorized place or refusing to leave when ordered to do so or the unauthorized entry into the District computer and/or record systems (ex: hacking into a computer). Being on School District property or at school sponsored activities, without administrator permission, while on suspension/expulsion from school and/or violating a no-trespass order. School campuses are restricted to currently enrolled students at a school including before and after school hours excluding school-sponsored events that are open to the public or approved community use activities.

Vandalism/Defacing or Injuring School Property | Causing or attempting to cause damage to property of others and/or school, District property, including District websites or media sources.