OFFENSE
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LEGAL
REFERENCE
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TYPE OF INCIDENT
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CONSEQUENCES
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1. FIREARM
- Possessing, selling, or otherwise furnishing a firearm
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EC 48900(b)
EC 48915(c)(1)
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- Firearm defined in Penal Code (PC) 16520, gun-free zone
- 626.9, Knife defined in PC 626.10
- Other dangerous objects include lighter, matches, fireworks, firecrackers, poppers, airsoft gun
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Mandatory Recommend for expulsion and referral to law enforcement agency.
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2. BRANDISHING KNIFE
- brandishing a knife at another person
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EC 48900(b)
EC 48915(c)(2)
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- Brandishing a knife at another person
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Mandatory Recommend for expulsion and referral to law enforcement agency.
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3. SALES CONTROLLED SUBSTANCES
- Unlawful selling or furnishing a controlled substance listed in Chapter 2 (commencing with Section 11053 of Division 10 of the Health and Safety Code)
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EC 48900(c)
EC 48900(p)
EC 48915(c)(3)
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- Possessed, used, sold, furnished alcohol, marijuana/other drug
- Substances listed in Health & Safety Code 11053-11058
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Mandatory Recommend for expulsion and referral to law enforcement agency. |
4. SEXUAL ASSAULT/SEXUAL BATTERY
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EC 48900(n)
EC 48915(c)(4)
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- Committed or attempted rape, oral copulation, sodomized or touched an intimate part while restraining victim against their will and for sexual gratification
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Mandatory Recommend for expulsion and referral to law enforcement agency.
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5. POSSESSION OF EXPLOSIVES
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EC 48900(b)
EC 48915(c)(5)
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Mandatory Recommend for expulsion and referral to law enforcement agency.
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OFFENSE
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LEGAL
REFERENCE
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TYPE OF INCIDENT
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POTENTIAL CONSEQUENCES |
6. PHYSICAL INJURY: Cause, attempt, threaten
6.1 Assault/battery on school personnel EC 48900 (a)(1)(2)
6.2 Assault/battery on pupils and non-school personnel EC 48900 (a)(1)(2)
6.3 Causing serious injury
6.4 Pupil fights
6.5 False fire alarm
6.6 Inciting pupil unrest
6.7 Hazing
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EC 48900(a)
EC 48915(a)(1)(E)
EC 48900(a)(k)
EC 48915(a)(1)(A)
EC 48900(a)(k)
EC 48900(k)
EC 48900(k)
EC 48900(q)
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- Threatened to injure another
- Attempted to injure another
- Involved in a mutual fight
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Suspension
Recommend for expulsion and referral to law enforcement agency.
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7. WEAPON (knife, other dangerous object)
7.1 Possession, sale, furnishing
7.2 Firecrackers
7.3 Laser pointer
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EC 48900(b)
EC 48915(a)(1)(B)
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- Possession, sale, furnished of a knife
- Other dangerous object include
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Suspension
7.1 One semester alternative placement
Recommend for expulsion and referral to law
enforcement agency.
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8. Controlled Substance: Possession, use, under influence
- Alcohol, drug narcotics, hallucinogenic, or controlled substances or breathing fumes of poisonous substances
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EC 48900(c)
EC 48915(a)(1)(C)
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- Possessed, used, sold, furnished alcohol, marijuana/other drug
- Listed in Chapter 2 of Division 10 of the Health & Safety Code, an alcoholic beverage, or intoxicant
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Suspension and attendance to drug diversion program.
Alternative placement
Referral to law enforcement agency
Recommend for expulsion
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9. Look-alike controlled substance, etc.
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EC 48900(d)
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- An exchange of a material represented as a controlled substance, alcoholic beverage or intoxicant
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Suspension
Recommend for expulsion and referral to law enforcement agency.
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10. Robbery, extortion
- Committed or attempted to commit robbery or extortion
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EC 48900(e)
EC 48915(a)(1)(D)
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- Theft by force or fear, or induced theft by force or fear
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Suspension
Recommend for expulsion and referral to law enforcement agency.
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11. Imitation firearm
- Possessed an imitation firearm; “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm
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EC 48900(m)
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- Possessed or brandished a fake gun-must look like a real firearm
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OMC
Suspension
Recommend for expulsion and referral to law enforcement agency.
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12. Aided or Abetted
- as defined in Penal Code 31, the affliction or attempted infliction of physical injury to another person, may be subject to suspension, but not expulsion, except when victim suffered serious bodily injury per juvenile court adjudication
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EC 48900 (t)
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- Aided, abetted, advised or encouraged infliction of injury
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OMC
Suspension
Recommend for expulsion and referral to law enforcement agency.
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13. Harassed, threatened, or intimidated a complaining witness
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EC 48900 (o)
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- Harassed, threatened or intimidated a student that will be or was a witness in a disciplinary procedure
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OMC
Suspension
Recommend for expulsion and referral to law enforcement agency.
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14. Harassment or intimidation.
Sexual harassment
- The conduct described in Section 212.5
Hate violence
- The pupil has caused, attempted to cause, threatened to cause, or participated in an act of hate violence as defined in Section 233
Terrorist threats, school officials property
The pupil has intentionally engaged in harassment, threats, or intimidation, directed against a pupil or group of pupils
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EC 48900(r)
EC 48900.2
EC 48900.3
EC 48900.7
EC 48900.4
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- Unwelcome sexual advances, with the purpose of having a negative impact upon the pupil’s academic performance, or creating an intimidating, hostile, or offensive environment
- Hate violence means any act punishable under Section 422.6, 422.7, or 422.75 of Penal Code
- Threat must have specific intent and substantial fear created. See PC 422
- Engaged in harassment/intimidation that is severe and can create substantial disorder. “Electronic act” includes using a phone, wireless device, computer, etc. to send or post a message, text, sound, or image, including, but not limited to a “Burn page”, creating a credible impersonation of another actual pupil or creating a false pupil profile
- Electronic act shall not constitute pervasive conduct solely because it has been transmitted or posted on the Internet. Reasonable pupil has average judgment in conduct for the person’s age, or for the person’s age with his or her exceptional needs
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OMC
Suspension
Recommend for expulsion and referral to law enforcement agency.
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15. Hazing
- Engaged in, or attempted to engage in hazing. “Hazing” does not include athletic events or school-sanctioned events
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EC 48900 (q)
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- Initiation into a pupil group which may cause serious bodily injury or personal degradation resulting in physical or mental harm
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OMC
Suspension
Recommendation for expulsion and referral to law enforcement agency.
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16. Prescription drug Soma
- Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma
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EC 48900(p)
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- Sold or furnished Soma, (prescription muscle relaxer)
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OMC
Suspension
Recommendation for expulsion and referral to law enforcement agency.
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17. Obscenity, profanity, or vulgarity
- Committed an obscene act or engaged in habitual profanity or vulgarity
- Possession of pornography
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EC 48900(i)
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- Ongoing swearing at student/staff, indecent exposure, possession of pornography, sexting
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OMC
Suspension
Recommend for expulsion and referral to law enforcement agency.
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18. Burglary
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EC 48900(f)
EC 48900(g)
EC 48900(u)
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- Graffiti, arson, vandalism
- Theft, see 48900(e) and (1)
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OMC
Suspension
Recommend for expulsion and referral to law enforcement agency.
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19. Damage property
- Caused or attempted to cause damage to school property or private property
19.1 Vandalism
19.2 Graffiti
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EC 48900(f)
EC 48900(u)
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- Graffiti, arson, vandalism
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OMC
Suspension
Recommend for expulsion and referral to law enforcement agency.
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20. Steal property, or attempt
- Stolen or attempted to steal school property or private property
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EC 48900(g)
EC 48900(u)
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- Theft, see 48900(e) and (l)
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OMC
Suspension
Recommend for expulsion and referral to law enforcement agency.
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21. Drug paraphernalia
- Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code
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EC 48900(j)
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- Includes items for growing, storing, containing, concealing, injecting, ingesting, inhaling, a controlled substance (lighter, clips)
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OMC
Suspension
Recommend for expulsion and referral to law enforcement agency.
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22. Receive stolen property
- Knowingly received stolen school property or private property
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EC 48900(l)
EC 48900(u)
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- Possessed property that the student knew was stolen
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OMC
Suspension
Recommend for expulsion and referral to law enforcement agency.
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23. Tobacco, possess or use
- Possessed or used tobacco or any products containing tobacco or nicotine products
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EC 48900(h)
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- Possessed/used cigarettes, clove cigarettes, tobacco product. See Penal Code 308(b)
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OMC
Refer to TEG
Suspension
Recommend for expulsion and referral to law enforcement agency.
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24. Disruption or willful defiance
24.1 Concerted pupil activities
24.2 Disrespect
24.3 Disturbing the class
24.4 Forgery
24.5 Gambling
24.6 Loitering on or near campus
24.7 Refusal to obey
24.8 Violation of closed campus
24.9 Inciting pupil unrest
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EC 48900(k)
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- Overtly defiant behavior toward faculty/staff
- Not complying with assigned discipline, i.e. forgery, gambling, littering, throwing objects, etc.
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OMC
Suspension
Recommend for expulsion and referral to law enforcement agency.
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EC 48901.5
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- School district may regulate use of any electronic device, including, but not limited to, cell phones, by pupils while on campus, attending school-sponsored activities, or under the control of school district employees. No pupil shall be prohibited from using a device prescribed by a physician.
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OMC
Suspension
Process in accordance with Board Policy.
Recommend for expulsion and referral to law enforcement agency.
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26. Violation of District Dress Policy
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BP 5136(a)(b)
BP 5132
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- Gang attire prohibited. District may adopt reasonable dress code policy identifying inappropriate clothing, accessories, head coverings (hats), except for outdoor use (P.E.), articles of sun-protecting clothing, including, but not limited to hats (wide brim with neck covering)
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OMC
Suspension
Process in accordance with Board Policy.
Recommend for expulsion and referral to law enforcement agency.
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27. Plagiarism, dishonesty on school work/tests
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BP 5131
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- Plagiarism or dishonesty on school work or tests
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OMC
Suspension
Process in accordance with Board Policy.
Recommend for expulsion and referral to law enforcement agency.
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28. Violation of district technology use policy or Internet Use Agreement
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BP 5131
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- Students shall not access, post, submit, publish, or display harmful or inappropriate matter that is threatening, obscene, disruptive, or sexually explicit, or that could be construed as harassment or disparagement of others based on their race/ethnicity, national origin, sex, gender, sexual orientation, age, disability, religion, or political beliefs. See AR 6163.4(a), (b), (c)
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OMC
Cancel student’s user privileges.
Suspension
Process in accordance with Board Policy.
Recommend for expulsion and referral to law enforcement agency.
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29. Attendance
- compulsory education
- Chronic Truant
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EC 48900 (w)
EC 48320
EC48260
EC 48263.6
EC 48264.5(a)
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- Left campus during the school day without obtaining permission; no hall pass, left class without permission
- Truant from school or contributed to the truancy of other students
- Excessive tardiness to school or class
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OMC 48900(w) cannot suspend.
Truancy Letters/SART/DA SARB
Refer to District Attorney Mediation
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