MANDATORY RECOMMENDATION OF EXPULSION (EC 48900, 48915):

1. Possessing, selling, or otherwise furnishing a firearm.
2. Brandishing a knife at another person.
3.  Unlawfully selling a controlled substance.
4.  Committing or attempting to commit a sexual assault or committing a sexual battery.

SUSPENSION, POSSIBLE RECOMMENDATION OF EXPULSION (EC 48900, 48915):

The Governing Board may expel if it is found that the following conditions exist:

(a) That other means of correction are not feasible or have repeatedly failed to bring about proper conduct; or

(b) That due to the nature of the violation, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.

The list of some of the possible suspension/expulsion offenses are as follows:

1. Fighting
2.  Possession of weapons, explosives or dangerous objects
3. Possession or use of controlled substance, alcohol or intoxicant
4. Offered, arranged, or negotiated to sell a substance represented to be a
5. controlled substance
6. Committed robbery or extortion
7. Vandalism to school property or private property
8. Theft
9. Possession of tobacco
10. Excessive use of profanity or repeated vulgarity
11. Possession of drug paraphernalia
12. Defiance or disruption of school activities
13. Possession of stolen property
14. Sexual harassment
15. Racial slurs
16. Intimidation of other students
17. Excessive truancies or other attendance problems
18. Deception
19. Repeated gambling
20. Display of graffiti
21. Dangerous activities
22. Forgery

JURISDICTION (EC 48900):

1. All school rules will be enforced:
2. While on school grounds,
3. While coming to or going from school,
4. During school hours whether on or off campus, and
5. During or while going to or coming from a school-sponsored activity.

Violation of Ed Code 48900 Sections (A-L) and 48900.2-48900.4

FIGHTING (48900 Section A): (a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person; or (2) Willfully used force or violence upon the person of another, except in self?defense.

Consequences:

Students involved in fighting for the first offense will be suspended from school from 1-5 days. The consequences for a second offense are suspension for 1-5 days and possible referral to an alternative education program. This includes those who have caused, attempted to cause, or threatened to cause physical injury to another person; or willfully used force or violence upon the person of another, except in self?defense.

Students who commit an assault, battery, or cause severe injury are subject to arrest and/or referral to the Governing Board for expulsion. In addition, Education Code 48902 requires the Principal of a school to notify the appropriate law enforcement authorities of any acts of assault by a student, which may be a violation of Section 245 of the Penal Code.

DANGEROUS OBJECTS (48900 Section B): Possessed, sold or otherwise furnished any firearm, knife, explosive, or other dangerous object unless the pupil had obtained written permission to possess the item from a certificated school employee, with concurrence by the Principal or designee. This also includes laser pointers. If any of these are confiscated, they will not be returned to the student.

Consequences:

The consequences range from In-House Retention or Suspension to a possible referral to the Governing Board for expulsion on the first offense. In addition, law enforcement may be contacted.

CONTROLLED SUBSTANCES (48900 Sections C & D):

Consequences:

Alcohol: Students found in possession of alcohol or who use alcohol while under the school’s jurisdiction will be suspended for five (5) days. If this is the student’s first alcohol-related incident while enrolled at a Robert F. Kennedy High School, the student will also be referred to the appropriate intervention service.

If the student has committed a previous alcohol-related infraction, he/she may be referred to the Governing Board for expulsion. Students who furnish (provide or give) or sell alcohol to another person or who are under the influence of alcohol will be suspended for five (5) days and may be referred to the Governing Board for expulsion on the first offense.

Other Controlled Substances: Students who possess, use, furnish, or sell, or are under the influence of any controlled substance will be suspended from school and may be referred to the Governing Board for expulsion on the first offense (selling is a mandatory recommendation). In addition, law enforcement may be contacted.

ROBBERY (48900 Section E): Students may not commit or attempt to commit robbery or extortion. This includes the theft of any property not belonging to the student or any attempt made to force or create fear in others while attempting to steal or while stealing another’s property.

Consequences:

The consequences for robbery or extortion will range from suspension to referral to the Governing Board for expulsion. The student and/or parent will be responsible for returning the stolen property or for full payment. In addition, law enforcement may be contacted.

DAMAGE TO PROPERTY (48900 Section F):

Consequences:

The consequences for attempting to cause or causing damage to other’s property will range from suspension to referral to the Governing Board for expulsion. The student and/or parent will be responsible for payment for the damage. In addition, law enforcement may be contacted.

THEFT (48900 Section G): Students may not commit or attempt to commit theft.

Consequences:

The consequences for committing or attempting to commit theft will range from suspension to referral to the Governing Board for expulsion. The student and/or parent will be responsible for returning the stolen property or for full payment of the property. In addition, law enforcement may be contacted.

TOBACCO (48900 Section H): Students may not possess or use tobacco, or any products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, smokeless tobacco, snuff, chew packets, and betel.

Consequences:

Students found in possession or who use tobacco, or products containing tobacco or nicotine will receive the following consequences:

First offense: the student will receive detention and/or Saturday School. Second offense: the student will receive In-House Retention and a behavior contract. Third offense: the student may be referred to an alternative education program.

OBSCENITY, PROFANITY AND VULGARITY (48900 Section I): Students may not engage in obscene acts or engage in habitual profanity or vulgarity, which includes: writing, speaking, gesturing or acting in contempt of sacred or holy things, or using irreverent, or coarse language.

Consequences:

Will range from detention to referral to the Governing Board for expulsion.

PARAPHERNALIA (48900 Section J):

Consequences:

Students, who possess, offer, arrange or negotiate to sell drug paraphernalia will receive consequences ranging from Sat. School through referral to the Governing Board for expulsion.

DEFIANCE AND DISRUPTION (48900 Section K):

Consequences:

Students who defy the directions of a school employee or disrupt the orderly operation of any school-related activity will receive consequences ranging from a detention, suspension through referral to the Governing Board for expulsion. In addition, students who run from or attempt to evade a school official may be referred to alternative education on the first offense.

RECEIVING STOLEN PROPERTY (48900 Section L):

Consequences:

Students who knowingly receive stolen property will be suspended and may be referred to the Governing Board for Expulsion. In addition, law enforcement may be contacted.

POSSESSED AN IMITATION FIREARM (48900 Section M):

Consequences:

Students who lead a reasonable person to conclude that the replica is a firearm will be suspended and maybe referred to the Governing Board for expulsion.

COMMITTED OR ATTEMPTED TO COMMIT A SEXUAL ASSAULT OR SEXUAL BATTERY (48900 Section N):

Committed or attempted to commit sexual assault as defined in Section 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.

Consequences: Mandatory expulsion.

HARASSED, THREATENED OR INTIMIDATED A WITNESS (Section O):

Consequences:

Students who harass, threaten or intimidate a witness in a school disciplinary proceeding for the purpose of either preventing that pupil from being a witness or retaliating against that pupil for being a witness or both, may be suspended or referred to the Governing Board for expulsion.

SEXUAL HARASSMENT (48900.2):

Students may not engage in conduct constituting sexual harassment such as, but not limited to, unwelcomed sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature or severe enough to have a negative impact upon another student’s academic performance or to create an intimidating, hostile, or offensive educational environment. Any student wishing to make a complaint of sexual harassment should immediately report it to an administrator.

Consequences:

The consequences for sexual harassment will range from a warning through referral to the Governing Board for expulsion. The consequences for sexual battery will range from suspension through referral to the Governing Board. In addition, law enforcement may be contacted.

HATE VIOLENCE (48900.3):   

This includes, but is not limited to, any violent behavior associated with anger toward other persons based upon race, gender, ethnicity, or religious preference.

Consequences:

The consequences for hate violence will range from suspension through referral to the Governing Board for expulsion.

HARASSMENT, THREATS, AND INTIMIDATION (48900.4): Students may not intentionally engage in harassment, threats, or intimidation, directed against any other student(s), that is severe enough to disrupt class work, create disorder, and invade the rights of the other student(s) by creating an intimidating or hostile educational environment.

Any student that expresses a desire to commit an act of violence toward another student or district employee, whether verbally or in written form, will be taken seriously.

Consequences:

The consequences for harassing, threatening, or intimidating behavior will range from suspension through referral to the Governing Board for expulsion.

TERRORISTIC THREAT (48900.7): A pupil may be suspended or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has made terroristic threats against school officials or school property, or both. “Terroristic threat” shall include any statement, whether written or oral, by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of one thousand dollars ($1,000), with the specific intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety.

CYBER BULLYING (48900 SECTION R):

Any student who engages in an act of bullying, including, but not limited to, bullying committed by means of an electronic act directed specifically toward a pupil or school personnel will receive consequences ranging from detention, suspension through referral to the Governing Board for expulsion.