| F. BEHAVIOR |
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Actions or conduct which would constitute a crime will
be reported to the Warwick Police. Actions which
interfere with or threaten the orderly conduct of school functions, or violate the written policy of the Warwick
Public Schools are grounds for suspension. This applies to ALL school associated activities, including classroom,
extra curricular, and athletic. |
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In accordance with Section 16-2-16 of the General Laws of
Rhode Island, the public schools of the City of Warwick in the process of accommodating the government and discipline
of the schools has established the following instances in which student suspension or expulsion from school may
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1. Grounds
for Suspension
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Actions which if committed by an adult would be a crime, or actions
or conduct which interfere with or threaten the orderly conduct of school functions including classroom, extra
curricular, athletic and other school related functions or violate written policy of the Warwick School Committee,
school department rules and regulations or school rules* shall constitute grounds for suspension of a student from enrollment in
the Warwick Public Schools.
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*School rules outlining punishable offenses and penalties are posted in
all schools in accordance with Section 16-2-16 of the Rhode Island General Laws. |
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2. Criminal Actions which Result in Suspension and
Other Disciplinary Measures
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a. Arson
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b. Assault and/or battery
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c. Burglary, theft or robbery
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d. Extortion
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e. False alarms
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f. Forgery
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g. Sale, distribution, use or possession of alcoholic beverages or illegal or non-prescribed drugs in a school
building or at school events.*
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h. Possession of fireworks
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i. Possession of weapons including, without limitation, firearms, knives, bombs, rockets and grenades. The Warwick
School Department follows all applicable state and federal laws including the Gun Free School Act, which includes
a definition of weapons and penalties for weapon possession.
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j. Tampering with a school computer or computer program.
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k. Bomb Threats - Verbal or written.
_____________________________
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*
Refer to Substance Abuse Policy (JFCH/JFCI) for further direction. |
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3. Actions which Result in Suspension and/or Other
Disciplinary Measures
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a. Cutting Class
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b. Failure to report to detention
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c. Fighting
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d. Harassment - verbal, physical or sexual.
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e. Leaving school grounds without permission.
.
f.
(i). Use of tobacco - School Committee Policy (JFCG)
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.....Smoking and the use of all tobacco products is forbidden on school property. The penalty for infraction of
this policy shall be suspension. Appropriate notices regarding this matter shall be sent home to the parents at
the beginning of the school year.
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(ii). Possession of tobacco or tobacco products on school grounds will result in the confiscation of such items.
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g. Truancy
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h. Profanity
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i. Disrespect, disobedience - failure to comply with directions of teachers administrators and other appropriate
staff members on school grounds or at school related activities.
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j. Lack of needed materials
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k. Cheating
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l. Overt displays of affection
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m. Property damage, including vandalism.
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n. Simple Assault
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o. Computer misuse |
| Also included is any other infraction not specifically
listed in A or B which is, of its very nature, disruptive of the educational process and would create a hazard
to the safety of students or school staff. |
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4. Hazing policy
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The term "Hazing" as defined by law means any conduct
or method of initiation into any student organization, whether on public or private property, which willfully or
recklessly endangers the physical or mental health of any student or other person. Anyone who knows that another
person is the victim of hazing and is at the scene of such action shall report such action to appropriate school
personnel as soon as is reasonable and practicable. Anyone who fails to report such action shall be subject to
suspension not only from school, but also from the team for the remainder of the season |
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5. DUE PROCESS
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a. Suspension: Five Days or Less |
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When a school administrator imposes a suspension of a student
for a period of up to and including five (5) days, the following procedure shall apply: |
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1. Whenever an incident occurs that may lead to the suspension
of a student, the principal or assistant principal shall investigate the nature of the alleged incident.
2. Normally, before a student is removed from the school, an informal hearing will be afforded him/her before the
Principal or Assistant Principal. At the hearing, the administrator conducting it will inform the student of the
charges against him/her and will represent a fair summary of the evidence upon which the charge is based.
3. The student shall be given an opportunity to be heard with respect to the alleged incident. However, no school
employee shall harass, coerce, intimidate or in any way compel students to incriminate themselves or interrogate
them against their will.
4. In cases in which, in the opinion of the Principal or Assistant Principal, the nature of the act or occurrence
is such that persons or property are endangered or disruption of school operation is occurring or threatened, the
student will be removed from school immediately and the informal hearing will take place as soon thereafter as
practicable.
5. If the principal or assistant principal determines that grounds for suspension exist, he/she shall:
a). Immediately suspend from school and remove from the premises
a student whose conduct disrupts the educational conduct of the school, endangers fellow students or damages property.
Except in cases of disruption, where circumstances make it vital that one or several students be removed from the
school property immediately, no student shall be released from school during the day without notifying the parent
or guardian in person or by telephone. In instances of suspension where the student shall remain in school until
regular closing time, the parent or guardian if the student is under the age of 18 will be notified of the suspension
on the same date.
b). Within twenty-four (24) hours of the suspension, written
notice containing reason(s) therefore and length of suspension shall be given the student and the parent(s) or
guardian if the student is under the age of 18. Such notice shall be in spoken language of the parent(s) or guardian.
c). Within seventy-two (72) hours of the suspension, the student, and the parent(s) or guardian if the student
is under the age of 18 shall be given the opportunity to confer in person with the school administrator who imposed
the suspension. The purpose of this conference shall be to discuss the student's school problem, to provide opportunity
for the student and the parent(s) or guardian to be heard in opposition to the suspension and to provide conditions
or means for the student's return to school. The administrator is not required to permit the presence of counsel
or follow any prescribed judicial rules in conducting this conference.
d). The maximum suspension which may be imposed by a school administrator is five (5) days.
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b. Suspension - Six to Ten Days |
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When grounds for suspension are considered by the principal to
be more serious, he/she may recommend a suspension of six to ten (6 - 10) days to the superintendent or his/her
designee. In such instances, the procedures specified for a suspension of five days or less and the following procedure
will be followed: |
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1. The principal or assistant principal shall notify the student
or the parent(s) or guardian if the student is under the age of 18 and the superintendent in writing within twenty-four
(24) hours of the suspension on the same date and the recommendation to the superintendent for an extension of
the suspension for more five days. Such notice shall describe the reason (s) for suspension and communication to
the student, parent(s) or guardian will be written in their spoken language.
.
2. A suspension of six to ten (6 - 10) days must be approved by the superintendent or his/her designee. Within
seventy-two (72) hours of the extension of the suspension, the student and the parent(s) or guardian if the student
is under the age of 18 shall be given the opportunity to confer in person with the superintendent or his/her designee
who imposed the suspension. The purpose of this conference shall be to discuss the student's school problem, to
provide opportunity for the student and the parent(s) or guardian to be heard in opposition to the suspension and
to provide conditions or means for the student's return to school. The superintendent is not required to permit
the presence of counsel or follow any prescribed judicial rules in conducting this conference.
.
3. The maximum suspension, which may be imposed by the superintendent is ten (10) days. |
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c. Suspension - More Than Ten Days |
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When the superintendent recommends the suspension of a student
in excess of ten (10) days, the following procedure shall apply: |
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1. Whenever an incident occurs that may lead to the suspension
of a student, the principal or assistant principal shall investigate the nature of the alleged incident.
2. Normally, before a student is removed from the school, an informal hearing will be afforded him/her before the
Principal or Assistant Principal. At the hearing, the administrator conducting it will inform the student of the
charges against him/her and will represent a fair summary of the evidence upon which the charge is based.
3. The student shall be given an opportunity to be heard with respect to the alleged incident. However, no school
employee shall harass, coerce, intimidate or in any way compel students to incriminate themselves or interrogate
them against their will.
4. In cases in which, in the opinion of the Principal or Assistant Principal, the nature of the act or occurrence
is such that persons or property are endangered or disruption of school operation is occurring or threatened, the
student will be removed from school immediately and the informal hearing will take place as soon thereafter as
practicable.
5. The principal or assistant principal shall immediately suspend from school and remove from the premises a student
whose conduct disrupts the educational conduct of the school, endangers fellow students or damages property. Except
in cases of disruption where circumstance make it vital that one or several students be removed from the school
property immediately, no student shall be released from school during the day without notifying the parent (s)
or guardian in person or by telephone. In instances of suspension where the student shall remain in school until
regular closing time, the parent or guardian will be notified of the suspension on the same date.
6. The principal or assistant principal may suspend the student for five days and make a recommendation to the
superintendent that the suspension be extended for more than five days. He/she shall notify the student or the
parent(s) or guardian if the student is under the age of 18 and the superintendent in writing within twenty-four
(24) hours of the suspension and/or recommendation on the same date. Such notice shall describe the reason(s) for
suspension and communication to the student or parent(s) or guardian will be written in their spoken language.
7. A suspension for more than five (5) days must be approved in the first instance by the superintendent.
8. The superintendent may extend the suspension for an additional five (5) days for a maximum total of ten (10)
days.
9. Within seventy-two (72) hours of the extension of the suspension, the student and the parent(s) or guardian
if the student is under the age of 18 shall be given the opportunity to confer in person with the superintendent
or his/her designee who imposed the suspension. The purpose of this conference shall be to discuss the student's
school problem, to provide opportunity for the student and the parent(s) or guardian to be heard in opposition
to the suspension and to provide conditions or means for the student's return to school. The superintendent is
not required to permit the presence of counsel or follow any prescribed judicial rules in conducting this conference.
10. If the superintendent believes that a suspension should be for more then ten (10) days, he/she will refer the
matter to the School Committee. The School Committee shall conduct a hearing, public or private at the selection
of the student, on or before the tenth school day after the initial suspension.
11. The superintendent shall notify the student or the parent(s) or guardian if the student is under the age of
18 of the extension of the suspension. If the superintendent is recommending a suspension of more than ten (10)
days, he/she shall include in the notice a clear, written statement of the reason for suspension, the date, time
and place of the hearing before the School Committee and of their right to be represented by counsel. Such notice
shall be given at least forty-eight (48) hours before such hearing.
12. At the hearing, the School Department may present evidence in support of the suspension and may present and
cross-examine witnesses. The student, his/her attorney, parents or guardian may present evidence against the suspension
or the length thereof and or present and cross-examine witnesses. It shall not be necessary for the School Committee
to follow the strict rules of evidence, but the hearing shall be fair and afford the student the right to due process
of law. There shall be a complete and accurate (stenographic or electronic) record of the hearing, including all
exhibits.
13. At the completion of the hearing, the School Committee may uphold the suspension as imposed, modify or amend
it, or reduce it to a minimum of ten (10) days. The student shall be provided with a record of the hearing (without
cost) and a written copy of the School Committee decision regarding the hearing. A copy of the decision and record
will be promptly forwarded to the Commissioner of Education if there is an appeal to the Commissioner. |
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d. Suspension Appeal Process |
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1. The principal or assistant principal shall notify the student or the parent(s) or guardian if the student is
under the age of 18 in writing within twenty-four hours of the suspension. Such notice shall describe the reason(s)
for suspension and communication to the parent(s) or guardian will be written in their spoken language.
2. Within seventy-two (72) hours of the suspension, the student, parent(s) or guardian if the student is under
the age of 18 shall be given the opportunity to confer in person with the school administrator who imposed the
suspension. The purpose of this conference shall be to discuss the student's school problem, to provide opportunity
for the student and the parent(s) or guardian to be heard in opposition to the suspension and to provide conditions
or means for the student's return to school. The administrator is not required to permit the presence of counsel
or follow any prescribed judicial rules in conducting this conference.
3. The student, parent(s) or guardian if the student is under the age of 18 may appeal the principal's decision
to the Superintendent of Schools or his/her designee by submitting a letter of appeal to the Superintendent.
4. The student or parent(s)or guardian if the student is under the age of 18 may appeal the Superintendent's decision
to the School Committee, which shall conduct a hearing, public or private at the selection of the student.
5. The Superintendent shall notify the student or parent(s) or guardian if the student is under the age of 18 of
the date, time and place of such hearing and of their right to be represented by counsel. Such notice shall be
given at least forty-eight (48) hours before such hearing.
6. At the hearing, the School Department may present evidence in support of the suspension. The student may present
evidence against suspension or the length thereof. It shall not be necessary for the School Committee to follow
the strict rules of evidence, but the hearing shall be fair and afford the student the right to due process of
law. There shall be a complete and accurate (stenographic or electronic) record of the hearing, including all exhibits.
7. At the completion of the hearing, the School Committee may uphold the suspension as imposed or amend it. The
student shall be provided with a record of the hearing (without cost) and a written copy of the School Committee
decision regarding the hearing.
8. A student may appeal the action of the School Committee, or a school principal as designee, to the Commissioner
of Elementary and Secondary Education who, after notice to the parties interested of the time and place of the
hearing, shall examine and decide the appeal without cost to the parties involved.
9. Any decision of the Commissioner in these matters shall be subject to appeal by the student to the Board of
Regents for Elementary and Secondary Education.
10. Any decision of the Board of Regents may be appealed by the student to Superior Court. |
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Revised: 6/24/2003 |
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