Student Code of Conduct

Students Rights & Responsibilities

Within every school, the principal¹ has the primary responsibility and authority for maintaining an orderly educational process. The Troy Board of Education guarantees the freedoms allowed by law, provided these freedoms do not endanger the health, safety and welfare of students and staff. The Troy Board of Education, through its employees, recognizes and supports students' rights and the corresponding students' responsibilities. Students who properly exercise their responsibility will continue to enjoy those rights guaranteed by law.

¹*Wherever the term principal or superintendent is used in handbook, it signifies principal or the principal’s designee, and superintendent or the superintendent’s designee, respectively.

All students enrolled in the Troy School District shall attend those classes and activities in which they are enrolled.

Further, the Revised School Code (380.1561) states that "...every parent, guardian or other person in this state having control and charge of a child from the age of six to the child's sixteenth birthday shall send that child to the public schools during the entire school year. The child's attendance shall be continuous and consecutive for the school year fixed by the school district in which the child is enrolled."

A student may be excused for personal illness or a death in the family. However, other excuses are sometimes legitimate. If the student knows that he/she will be absent for any extended period of time, he/she should contact the office at least one week in advance. If at all possible, medical and dental appointments should be scheduled outside the school hours.

When a student is absent from school, his/her parents must follow the individual building attendance policy and procedure. At the high school level, parents must call the attendance office within twenty-four hours of the day of the absence.

Any absence will affect the learning experience and may affect a student's academic performance. It is the student's responsibility to ask teachers for makeup assignments.

A student with an excused absence has the right to complete the work missed and receive credit for it. Class discussions and activities cannot be duplicated. Makeup work after an excused absence is to be done promptly. Students will receive one day for each day absent to make up work. This includes tests and quizzes. It is the responsibility of the student to obtain all necessary makeup work. Assignments given to the student prior to his/her absence will be due upon the student’s return. At the end of the marking period, an extension of makeup time may be granted by the principal, if sufficient reason is shown.

When entering or leaving the building at times other than the beginning or end of the school day, a student must "sign in" or "sign out" in the designated office. There the student will receive an admittance slip to get into his/her classroom if he/she arrived late or the student will be given permission to leave the building if he/she is signing out.

School-sponsored activities are not considered absences. This includes field trips, athletic trips, counselor appointments, student government meetings, etc. Work assigned prior to a student attending a schoolsponsored activity is due the day the student returns to school. While absent on a school-sponsored activity, students shall have the number of days missed following their return to complete missed work. Troy School District staff and students are encouraged to work together collaboratively to ensure that missed work is completed in a reasonable timeframe that does not place an undue burden on a student related to a school-sponsored absence from class/school. Teachers are encouraged to work productively with students and parents to ensure that student work is completed without causing unnecessary stress or harm to the student.

If a student moves to another school out of the school district, he/she must check out through the office on or before the last day of attendance

Students and parents have the responsibility to know and respect the school bus rules as described below. Repeated violations will result in the suspension of school bus privileges. The Student Code of Conduct is in effect while a student is riding the bus.

Rules and Regulations:

1. The behavior of students while in transit to or from school, at the bus stop, or at any co-curricular school-sponsored activity will be consistent with the discipline procedures of the regular school day.
2. Remain behind the curb while waiting for the bus.
3. Board and depart from the bus at assigned stops.
4. Persons boarding the bus first shall move to the back.
5. The aisles shall be kept clear of books, band instruments, etc.
6. All parts of the body shall be kept inside the bus.
7. Remain seated while the bus is in motion.
8. Unnecessarily loud talking, profanity, and inappropriate language are prohibited.
9. Riders shall not tamper with bus equipment.
10. Students shall not eat while on the bus.
11. No smoking, lighting matches, use of e-cigarettes etc., will be permitted on or near the bus.
12. Animals and/or pets are not allowed on buses.
13. Spraying or using aerosol products such as perfume, deodorant, or hairspray is prohibited.
14. Any conduct which diverts a driver's attention from his/her primary job and thus endangers the safety of other riders is prohibited.
15. A student not assigned to a particular bus may not board or be transported without prior administrative approval.

Responsibilities:

1. Be at the bus stop five minutes before pick-up time in the morning and be on the bus at the designated departure time from school.
2. Show respect for private property near the bus stop.
3. Treat bus equipment appropriately at all times. Students who damage bus equipment will be responsible for replacement and/or restoration/repair.
4. Take pride in the appearance of your bus. Help keep it clean.
5. Respond positively to reasonable requests made by the bus driver.
6. Know these safety rules and student responsibilities.

Discipline Procedure:

• First administrative contact (one or more of the following):

1. Parent notification
2. Reprimand
3. Suspension of bus privileges up to ten school days

• Second administrative contact (one or more of the following):

1. Parent notification
2. Reprimand
3. Suspension of bus privileges up to ten school days

• Subsequent administrative contact (one or more of the following):

1. Parent notification
2. Reprimand
3. Suspension of bus privileges

In all cases of suspension of bus privileges, the parents will be notified by telephone and a written notification of the suspension will be sent within two school days.

During the suspension of bus privileges, it shall be the parents' responsibility to provide the student's transportation to and from school.

It is considered a privilege for students to drive to and from school. Students and parents have the responsibility to know and respect the rules affecting student drivers. Parking regulations are strictly enforced. Suspension of driving privileges, issuing of parking tickets through the Troy Police Department, towing of vehicles and/or suspension of driving privileges may occur when violations of these regulations occur. The Student Code of Conduct is in effect during school-related activities that involve student drivers (field trips, commuting during school hours, etc.) Annually, student drivers must complete vehicle registration cards and submit a fee for each vehicle driven to school. Students must possess a valid driver’s license to purchase a parking tag. Proof of vehicle registration and insurance is required for all vehicles parked on campus.

Rules and Regulations:

1. Students must register any and all vehicles driven to school. A per vehicle parking fee will be assessed, and a parking identification tag will be issued. Parking identification tags are non-transferable. There will be a fee for replacement of a tag for any reason.
2. All vehicles must be parked on the school grounds in the assigned lot and all cars must display the proper identification. Misuse of parking identification tags may result in loss of driving privileges or other disciplinary consequences.
3. All students must be licensed and covered by insurance. The Troy School District is not responsible for either the vehicle or its contents.
4. Students are not allowed to loiter or revisit in or around the vehicle once it has been parked.
5. Speed on school property may not be in excess of fifteen miles per hour. Reckless driving of any nature, i.e., squealing tires, donut, jumping curbs, etc., is not allowed.
6. Vehicles are not be used as lockers for books or clothing. Students may not be in the parking lot during the school day without written permission from a school administrator or designee.
7. Vehicles must be parked in accordance with pavement markings.
8. Students may not leave the school grounds at lunch in their vehicle. Students leaving school legally, i.e., OTC, Co-op, may not take other students with them.
9. Student vehicles may be subject to search if there is reasonable suspicion to believe drugs, alcohol, stolen property or other property prohibited by law or this handbook are present in that vehicle.
10. Bus transportation is provided for all students who have classes at both high schools. Students are permitted to drive between Troy High School and Athens High School for classes with special permission from building administration.
11. Excessive tardiness to 1st hour may result in loss of driving privileges.
12. There will be no refund of parking fees during loss of driving privileges.
13. Students must comply with traffic flow rules for entry and exit to the school campus. Vehicles must be parked in designated student lots unless expressly permitted by a building administrator.

Discipline Procedure:

• First administrative contact (one or more of the following):

1. Parent notification
2. Reprimand
3. Suspension of driving privileges up to ten days
4. Behavioral contract
5. Police notification or referral to a professional agency as appropriate.
6. Restitution/restoration as applicable.

• Subsequent administrative contact (one or more of the following):

1. Parent notification
2. Reprimand
3. Suspension of driving privileges up to one year
4. Behavioral contract
5. Police notification or referral to a professional agency as appropriate.
6. Restitution/restoration as applicable.

Purpose

The purpose of this policy is to set forth expectations for appropriate use of existing and emerging technologies which students may possess, including but not limited to cell phones, digital picture video cameras and/or camera phones, personal digital assistant (PDAs), iPods, MP3s, and other personal electronic devices capable of transmitting data or images. It is the responsibility of every student to know this policy and to conduct his or her activities accordingly. Michigan law (380.1303) allows local school boards to determine the policy on the use and possession of cellular phones (cell phones) and other electronic signaling devices such as pagers on school campuses. The TSD cell phone policy is provided to balance considerations of student safety and well-being with the need to maintain a learning environment free from distractions. Students who possess and/or use such devices at school or school– sponsored events shall demonstrate the greatest respect for the educational environment and the rights and privacy of all individuals within the school community. The district shall not be liable for theft, loss, damage, or misuse of any electronic devices brought to school by a student. In order to use TSD provided technology equipment and devices and access the TSD wired or wireless networks, students must comply with the terms of the District’s Technology Acceptable Use Policy available via the TSD home website page. Students violating the terms of that agreement may face disciplinary action including the loss of technology privileges. Unapproved or prohibited use of district computers or other technology includes:

• Disregarding the privacy of other users, such as using or attempting to use or learn other users’ passwords;
• Unauthorized copying, changing, reading, accessing or attempting to access or using other users’ files;
• Gaining or attempting to gain unauthorized access to district equipment, systems, programs, files or other users’ accounts;
• Introducing or attempting to introduce a virus or malware into any district equipment, systems, programs or files;
• Using or attempting to use district equipment, systems programs or files to disturb or harass others; and
• Damaging or attempting to damage any district equipment, systems, programs or files.
• Other behavior designed to obviate District technology controls, limit District technology functionality or damage District technology systems.

Cell Phones/Electronic Communication, Listening Devices:

• Visible or audible detection of any electronic, communication listening device is prohibited during the school day by Troy School District policy. Any exception must be approved by the faculty or school administration. If confiscated, devices must be picked up in the office. Disciplinary measures are as follows: 1st offense: Confiscation/student pick-up, Assistant Principal’s Office 2nd offense: Confiscation/administrative discretion
• The use of any and all devices must be for school purposes. Permission to use such items at TSD must be given by the faculty or school administration and will be approved on a class by class basis for academic purposes. Unauthorized use (actual use of said device) for voice, text, picture, numerical message, etc. outside pre-approved periods, will result in immediate out of school suspensions and parent pick up of the device.
• Photographing, disseminating, transferring or sharing of offensive, obscene, pornographic or otherwise illegal images may constitute a crime and will be reported to law enforcement which may result in arrest, prosecution, and inclusion, on sex offender registries.

Respect for Privacy Rights

1. Students shall not photograph, audiotape, or videotape other individuals at school or at school-sponsored events without their knowledge or consent, except for activities considered to be in the public arena such as active participants in sporting events or public performances.
2. Students shall not e-mail, post to the internet, or otherwise electronically transmit images of other individuals taken at school without their expressed written consent.
3. Use of cellular phones or other personal electronic devices is strictly prohibited in locker rooms and restrooms.

The purpose of this policy is to create and maintain a positive learning environment, and to promote understanding and respect for all students. Troy School District will not tolerate bullying and harassment. Any student of the Troy School District who believes that he/she has been bullied or harassed shall immediately report his or her complaint to the building principal. The report will be promptly investigated. Understanding bullying is complicated by the fact that a young person can be a bully, a victim or both a bully and a victim. Not all taunting, teasing and fighting among schoolchildren constitutes bullying. Bullying entails repeated acts by someone perceived as physically or psychologically more powerful. Bullying, like other forms of aggressive and violent behaviors, interferes with both a school’s ability to educate its students and a student’s ability to learn.

Definition

• Bullying means: any written, verbal, or physical act, including cyberbullying, that is intended or is likely to cause harm to another student by doing any of the following:
• Substantially interfering with another student’s educational opportunities or benefits;
• Affecting another student’s ability to participate or benefit from school by putting the student in fear of physical harm or by causing emotional distress;
• Having a detrimental effect on a student’s physical or mental health;
• Causing a substantial disruption with the orderly operation of school.

Bullying includes cyberbullying, or bullying done through any electronic communication.  Types of bullying may include but are not limited to:

• Verbal bullying, including derogatory comments and bad names.
  • Physical bullying such as hitting, kicking, shoving and spitting;
  • Having money or other things taken or damaged by students who bully;
  • Being threatened or being forced to do things by students who bully.
• Cyberbullying (via cell phone or internet).

DEFINITION OF CYBERBULLYING

Cyberbullying is any type of harassment or bullying (i.e., teasing, telling lies, making fun of someone, making rude or mean comments, spreading rumors, or making threatening or aggressive comments) that occurs through e-mail, a chat room, instant messaging, any website (including blogs), text messaging, videos, or pictures posted on websites or sent through cell phones.

Cyberbullying differs from traditional bullying.

• It can be accessible by many people (depending on the forum) and can occur at any time both at school and at home.
• Messages/images can be distributed to a wide audience very quickly.
• Cyberbullying is often anonymous, making it difficult to identify the perpetrator and therefore may encourage youth to engage in behavior that they wouldn’t do face-to-face.
• Youth may be nervous to report cyberbullying because they fear adults will limit their access to technology.
• Bystanders and witnesses to cyberbullying are anonymous, viewing the harmful material on a website but not dealing with it face-to-face.

TYPES OF CYBERBULLYING

Types of cyberbullying may include but are not limited to:

• Flaming: Online fights using electronic messages with inappropriate and/or vulgar language
• Harassment: Repeatedly sending offensive, rude and insulting messages
• Cyber stalking: Repeatedly sending messages that include threats of harm or are highly intimidating. Engaging in other online activities that make a person afraid for his or her own safety
• Denigration: Putting someone down online; sending or posting cruel gossip or rumors about a person to damage his or her reputation or friendships
• Impersonation: Pretending to be someone else and sending or posting material online that makes that person look bad, gets that person in trouble or danger, or damages that person’s reputation or friendships
• Outing and Trickery: Sharing someone’s secret or embarrassing information online; tricking someone into revealing secrets or embarrassing information which is then shared online
• Exclusion: Willfully excluding someone from an online group, like a ‘buddy list’

DEFINITION OF HARASSMENT

Harassing conduct may take many forms, including verbal acts and name-calling; graphic and written statements, which may include use of cell phones or the internet; or other conduct that may be physically threatening, harmful or humiliating. Harassment creates a hostile environment when the conduct is sufficiently severe, pervasive or persistent so as to interfere with or limit a student’s ability to participate in or benefit from the services, activities or opportunities offered by a school. Sexual harassment is unwelcome conduct of a sexual nature, which can include unwelcome sexual advances, requests for sexual favors or other verbal, nonverbal or physical conduct of a sexual nature.

Sexual harassment includes unwelcome sexual flirtations, advances or propositions, improper sexual comments, verbal abuse of a sexual nature, subtle pressure or requests for sexual activities, unnecessary touching of an individual, graphic or verbal commentaries about an individual's body, touching of a sexual nature, sexually degrading words used to describe an individual, calling students sexually charged names , a display of sexually suggestive objects or pictures, sexually explicit or offensive jokes, physical assault, or otherwise creating an intimidating, hostile or offensive educational learning environment.

The use of physical force in any form, including but not limited to corporal punishment, is prohibited.

Seclusion and/or restraint shall only be used in an emergency situation, and, then, only in accordance with the Michigan Revised School Code (MCL 380.1307) and the Board of Education in its policies. The use of seclusion and restraint in the Troy School District shall accomplish the following objectives:

• Promote the care, safety, welfare, and security of the school community and the dignity of each pupil.
• Encourage the use of proactive, effective, evidence- and research-based strategies and best practices to reduce the occurrence of challenging behaviors, eliminate the use of seclusion and restraint, and increase meaningful instructional time for all pupils.
• Ensure that seclusion and physical restraint are used only as a last resort in an emergency situation and are subject to diligent assessment, monitoring, documentation, and reporting by trained personnel. Physical restraint does not include:
• Actions necessary to break up a fight;
• Actions necessary to take a weapon away from a student;
• Actions necessary to stop a physical assault; •
• rief holding by an adult to calm or comfort;
• The minimum contact necessary to physically escort a student from one area to another;
• Holding a student for a brief time in order to prevent an impulsive behavior that threatens the student’s immediate safety (e.g., running in front of a car).

“Corporal punishment” is defined as “the deliberate infliction of physical pain by hitting, paddling, spanking, slapping, or any other physical force used as a means of discipline.” MCL 380.1312(1).

Any materials, supplies, or other objects deemed to be inappropriate at school or in the classroom may be confiscated by school personnel.

The return of confiscated items will be subject to the judgment of individual building administrators and in conjunction with law enforcement when necessary.

The Troy School District will not tolerate unlawful discrimination, harassment, or bullying. Any student of the Troy School District who believes that he/she has been discriminated against, denied a benefit, or excluded from participation in any district educational program or activity on the basis of sex (including sexual harassment, as discussed below), race, color, religion, national origin, age, height, weight, marital status, ancestry, gender, sexual orientation, gender identity or expression, or mental, physical or sensory disability or physical characteristic should immediately report his or her complaint to the building principal or the assistant/deputy superintendent. The complaint will be promptly investigated.

Sexual harassment of students by other students or by employees of the district is unlawful and strictly prohibited. It is the policy of this school district that all contact between students, teachers or other adult employees of this district reflect respect for the individual student and be conducive to creating a stable and positive learning environment.

Sexual harassment is unwelcome conduct of a sexual nature, which can include unwelcome sexual advances, requests for sexual favors or other verbal, nonverbal or physical conduct of a sexual nature. Sexual harassment includes unwelcome sexual flirtations, advances or propositions, improper sexual comments, verbal abuse of a sexual nature, subtle pressure or requests for sexual activities, unnecessary touching of an individual, graphic or verbal commentaries about an individual's body, touching of a sexual nature, sexually degrading words used to describe an individual, calling students sexually charged names, a display of sexually suggestive objects or pictures, sexually explicit or offensive jokes, physical assault, or otherwise creating an intimidating, hostile or offensive educational learning environment.

If a student has concerns about the nature of any conduct or physical contact by an adult employed by this district, by a fellow student, or by a member of the public, the student should immediately report this concern to a building administrator, as well as to the student's parent or guardian.

Students are encouraged to report any conduct or contact that makes them feel uncomfortable, is bothersome, or is contrary to a stable, positive learning environment.

The district shall investigate all such reports immediately. Retaliation by a student or employee against a student for filing a complaint of sexual harassment is strictly prohibited. Anyone found to have engaged in sexual harassment or retaliation in violation of this policy will be subject to appropriate disciplinary action. For students, such discipline could range from verbal or written warnings to suspension or expulsion.

All such reports shall be handled confidentially to avoid embarrassment and to protect the student making the report. Complaints constituting child abuse shall be reported to the Department of Social Services as required by law.

School rules come from many sources, including state and federal laws, Board of Education policies, and administration guidelines. The aim of this chapter is to provide school personnel, parents, students and other members of the community with a clear understanding of the rules and the resulting disciplinary actions for violations of those rules.

This chapter lists, categorizes and defines certain violations that disrupt the school environment and/or the instructional process, and specifies disciplinary actions which are to be taken by the principal. A major consideration of the Code of Student Conduct is to identify appropriate disciplinary actions to bring about positive student behavior. The severity and frequency of the misbehavior is considered in defining appropriate disciplinary action.

The principal shall in all cases conduct an investigation deemed reasonable under the circumstances to confirm that the charged offense has, in fact, been committed. The Code of Student Conduct shall not be interpreted or applied in a manner that would violate a student's constitutional rights.

The administration reserves the right to establish fair and reasonable rules and regulations for circumstances that may not be specifically covered in this handbook. The lists of violations on the following pages are not all-inclusive, but only representative and illustrative. A student committing an improper act of misconduct which does not happen to be specifically listed is subject to disciplinary action. In all cases, rules and regulations, and possible consequences shall be as consistent as possible with previously established rules, regulations, and consequences for similar incidents. Matters omitted from this handbook should not be interpreted as a limitation on the scope of the District’s authority and the District’s responsibility to maintain order and provide a safe learning environment for all students. It should be noted that violations are cumulative and consequences for cumulative violations may be more severe. Violations are not disciplined independently. For example, for a Level I violation, if a student was disciplined for cutting class one week and then was disciplined the next week for loitering, the loitering may be considered as a second administrative contact.

These rules and policies apply to any student who is on school property, who is in attendance at school or at any school-sponsored activity whether on or off campus, or whose conduct at any time or place directly interferes with the operations, discipline, or general welfare of the school, students and staff.

RESTORATIVE DISCIPLINE PRACTICES

A major consideration of the Code of Conduct is to identify appropriate disciplinary actions that will bring about positive student behavior. Restorative Discipline focuses on the harms, needs and causes of student behavior, not just the breaking of rules and dispensing of punishment. Restorative discipline attempts to provide students with an opportunity to be accountable for the harm caused as well as the opportunity to repair the harm. Students are empowered to help resolve conflict and maintain an environment where the work of the school can happen. The goal of restorative discipline is to provide students an opportunity to learn to think differently about harm, to deal with conflict in peaceful and creative ways, to address accountability and responsibility, to focus on one another’s humanity and to problem-solve in terms of community and collaboration.

Student violators of the Code of Conduct may have the opportunity to engage in restorative practices as a consequence of their inappropriate behavior, as facilitated by school officials. It is important that any student engaging in restorative practices freely admit to any wrongdoing and express contrition for their actions to the offended parties. Restorative practices developed in response to a Code of Conduct violation may include but are not limited to the following productive activities:

• Restitution
• Alternative suspension including In-School Suspension/Detention
• Apology for offense (both written and verbal)
• Participation in diversion programs
• Community service activities
• Outreach and awareness activities
• Course of study, book study, or other applied learning experience
• Behavior plan or behavior contract
• Participation in counseling in and out of school
• Engage in in agency and community supports,
• Student-to-student mediation

Restorative practices could also serve to supplement a lower-term suspension versus simply in lieu of a suspension. All restorative practice plans should include a timeline with term of completion specified.

STUDENTS WHO HAVE COMMITTED MISCONDUCT IN OTHER SCHOOLS

An otherwise eligible resident who is alleged by school authorities to have engaged in misconduct in another school district which would have resulted in the student’s suspension or expulsion if the student had attended Troy School District may be subject to suspension or expulsion from Troy School District pursuant to the Code of Student Conduct.

In most situations, a school district administrator will be involved in enforcing the Code of Student Conduct. However, a teacher may suspend a student from his/her teacher's class, subject, or activity for up to one day in accordance with state law if: 1) the student engages in behavior so unruly, disruptive, or abusive that it significantly interferes with the teacher's ability to effectively teach the class, subject, or activity, or 2) the student's behavior significantly interferes with the ability of other students to learn. Such teacher-imposed suspensions are also referred to as SNAP suspensions. For other student misconduct, the teacher will handle the matter in accordance with the standard disciplinary process used in the school building.

DISCIPLINING STUDENTS WITH SPECIAL NEEDS

Suspension and Expulsion of Students Receiving or Otherwise Eligible for Special Education or Section 504 Services

A student previously identified under state and federal regulations as eligible for special education or under Section 504 of the Rehabilitation Act is entitled to consideration of his/her disability in student disciplinary procedures. School personnel and/or parents who have questions regarding any issues are advised to consult with the district Director of Special Education or Section 504 Coordinator.

See the glossary at the end of this handbook for definitions of various terms used herein.

SUSPENSION AND EXPULSION DEFINITIONS

The State of Michigan School Code (MCL 380.1310) specifically defines the terms “expel” and “suspend” to mean the following:

“Expel” means to exclude a pupil from school for disciplinary reasons for a period of 60 or more school days.

“Suspend” means to exclude a pupil from school for disciplinary reasons for a period of fewer than 60 school days.

These definitions shall apply to references to suspend and expel throughout the Code of Conduct document.

Absent unusual circumstances, a student will not be suspended/removed unless the student is reasonably suspected of being involved in the disciplinary incident being investigated. Such a suspension or removal shall not constitute discipline, although the incident which caused the investigation to occur may ultimately result in discipline.

DUE PROCESS RIGHTS

All students subject to disciplinary action, including suspension or expulsion, shall be afforded due process rights. Students will receive oral or written notice of the charges against them and the opportunity to respond to those charges.

A school administrator may temporarily suspend or remove a student from school for the purposes of investigating an incident prior to imposing any discipline, where such temporary suspension/removal is deemed necessary to prevent disruption to the educational program, avoid possible interference or problems in the investigation, defuse conflict situations, protect the health or safety of the student or other students, or any other compelling reason.

SUSPENSION

Length of Suspension

Suspension begins with notification by the building administrator and continues until midnight of the last suspension day. During a suspension, a student may not participate in or attend school-sponsored activities, either on or off campus, nor be on school district property.

Homework During Suspension

A minimum of one day is allowed for each day absent from class during a suspension to make-up missed assignments and prepare for tests. Any absence will affect the student’s learning experience and may affect a student’s academic performance.

Suspension Process

If the student is considered for suspension, or placed on disciplinary probation for, for any period of time, the building administrator will:

1. Notify the student’s parents of the proposed disciplinary action and the reasons for it before the student leaves the building, if possible; 2.
2. Provide the student’s parents (or student, if 18 or older) with notification of the charges and related evidence, the time and place of the conference, and the length of the recommended suspension; schedule a conference, if requested by the parents or student, to include the student, his/her parents and other persons as the building administrator deems appropriate for the purpose of trying to resolve the problem;
3. Within 24 hours of the conference, provide the student and parents with written notification of the disciplinary decision. If the decision is to suspend, include the length and terms of the suspension and the right to appeal the decision (if applicable), in the written notice.

When a suspension of more than 10 days is recommended, the building administrator will provide the student's parents with written notification of the charges and related evidence, the time and place of the conference, and the length of the recommended suspension. At the conference with the building administrator, the student will be allowed to give his/her version of the facts and be informed of evidence offered against him/her. At the conference, the student will also have the right to present witnesses and to be represented by an attorney or other individual of his/her choice. These rights also apply at any subsequence hearings for appeal purposes.

If the student, the principal or the parents are unable to meet within any time period specified within this Chapter, the hearing may be scheduled at a mutually agreed upon time.

Within 24 hours of the conference, the building administrator shall inform the student and his/her parents of the decision and his/her right to appeal, if applicable.

APPEALS

The parent of the involved student must initiate all disciplinary appeals, unless the student is 18 years old, in which case the student may initiate an appeal.

Appeal of Short-Term Suspensions (6 to 10 Days)

A suspension of 6 to 10 days may be appealed by contacting the building administrator who made the decision to suspend within 24 hours after receiving notice of the decision to suspend.

If the initial decision to suspend was made by an administrator other than the building principal, then the appeal will be heard by the building principal, who will review the prior decision, meet with the student and parents if the principal determines it is necessary, and provide notice of his or her decision to the student’s parents within 2 school days after receiving notice of the appeal. This will be the final decision on the matter.

If the initial decision to suspend was made by the building principal, then the appeal will be heard by:

• At the elementary level (grades K-5) – the Assistant Superintendent of Elementary Instruction.
• At the secondary level (grades 6-12) – the Assistant/Deputy Superintendent.

The applicable individual listed above will review the prior decision, meet with the student and parents if it is determined to be necessary, and provide notice of his or her decision to the student’s parents within 3 school days after receiving notice of the appeal. This will be the final decision on the matter.

Appeal of Long-Term Suspensions (More Than 10 Days)

A suspension of more than 10 may be appealed by contacting the principal who made the decision to suspend within 24 hours after receiving notice of the decision to suspend.

Step 1: Review by Principal (if applicable)

• If the decision to suspend was made by an administrator other than the building principal, then the appeal will be heard by the building principal, who will review the prior decision, meet with the student and parents if the principal determines it is necessary, and provide notice of his or her decision to the student’s parents within 2 school days after receiving notice of the appeal. If the initial decision to suspend was made by the building principal, the appeal will proceed immediately to Step 2.

Step 2: Review by Assistant Superintendent of Elementary Instruction or Assistant/Deputy Superintendent

• If the initial decision to suspend was made by the building principal, then the appeal will be heard by:
  • At the elementary level (grades K-5) – the Assistant Superintendent of Elementary Instruction.
  • At the secondary level (grades 6-12) – the Assistant/Deputy Superintendent.
• The administrator listed above will meet with the parties involved within three school days and review the case. Within 24 hours of that meeting, the Assistant Superintendent of Elementary Instruction or Assistant/Deputy Superintendent will send written notification to the student and his/her parents of his/her decision to affirm, reverse, or modify the building principal’s decision to suspend. The written notification will also explain the student’s right to appeal the decision to Step 3.

Step 3:

• A student’s parents may appeal the decision of the Assistant Superintendent of Elementary Instruction (for elementary-level students) or the Assistant/Deputy Superintendent (for secondary-level students) to the Superintendent. To do so, the parent must provide notice of the appeal within two school days to the Assistant Superintendent of Elementary Instruction (for elementary-level students) or the Assistant/Deputy Superintendent (for secondary-level students).
• If the Superintendent determines it necessary, he or she will schedule a meeting with the student, parents, and any other persons necessary to make a final decision on the matter. The Superintendent will send written notification to the student and his/her parents of the decision to affirm, reverse, or modify the previous decision within three school days of the meeting (if applicable) or within three school days after receiving notice of the appeal from the student’s parents. The decision of the Superintendent is final.

EXPULSION

If a student is considered for expulsion, the building administrator will:

1. Notify the student’s parents that the student is suspended pending possible expulsion before the student leaves the building, if possible;
2. Determine within three days of the incident at issue if expulsion is recommended and if so, forward the written recommendation to the superintendent;
3. Provide the student’s parents (or student, if 18 or older) with written notification of –
   • a.The charges and related evidence;
   • b.The time and place of the expulsion hearing; 
   • c. An explanation of the expulsion hearing process; and
4. If requested to do so by the student or student’s parents, hold a conference with the student, student’s parents, and other persons as the building administrator deems appropriate, to discuss the charges, related evidence, proposed expulsion, hearing procedure, or related matters.

Within five school days of receiving the building administrator’s recommendation, the Superintendent or his or her designee will conduct a hearing with the involved parties to review the matter. If the student, the superintendent, or the parents are unable to meet within the time period, the hearing may be scheduled at a mutually agreed upon time. A mutually agreed upon time may be substituted for any hearing or appeal timeline.

Within three school days of the hearing, the superintendent or designee will send written notification to the student and his/her parents of the decision to affirm, reverse or modify the recommendation of the building administrator.

APPEALS

Parents of a minor student, or a student 18 years or older, may appeal the superintendent’s decision to expel to the Troy Board of Education by providing written notice of the appeal within two school days after receiving the written notice of expulsion. A hearing will be held before the Troy Board of Education at the next regularly scheduled board meeting. The Troy Board of Education will inform the student andhis/her parents of its decision in writing within 3 school days after completion of the hearing.

If the Troy Board of Education expels a student, the student shall be referred to the school counselor for referral to an appropriate agency for further guidance and counseling or assistance in obtaining employment or continuing education.

As outlined in Sections 1311 and 1311a of the Revised School Code, students expelled pursuant to those sections of the Revised School Code may petition for reinstatement in accordance with those statutory provisions.

Hearing Procedures

At hearings before the Superintendent and the Troy Board of Education, the student will be permitted to give his/her version of the facts and be informed of evidence offered against him/her. At the hearing, the student will also have the right to present witnesses and to be represented by an attorney or other individual of his/her choice. Crossexamination will be permitted as due process considerations may require.

GRIEVANCE PROCEDURE

A grievance is a charge by a student that there has been a violation, misinterpretation or inequitable application of an established school policy or regulation, or if the student feels he/she has been treated unfairly or been denied due process in a non-disciplinary matter. The procedure dealing with appeals of disciplinary issues is outlined on page 54.

Informal Grievance Procedure

The student is encouraged to discuss the concern informally with the staff member involved before a Student Appeal/Grievance Form is filed. The ombudsman (high school only) can be of help in attempting to solve the grievance informally and will, if the student desires, accompany him/her to a conference with the staff member.

It is the student's responsibility to initiate contact with the ombudsman. It is hoped that the great majority of grievances will be resolved in this manner. If this informal approach is not successful or not applicable to the situation, the student may initiate the following formal grievance procedure.

Formal Grievance Procedure

The student must obtain a standard Student Grievance Form from school administration, fill out all the information requested in the form and submit it to the principal within two school days of the incident.

Within three school days of the date of the filing, the principal shall call a meeting of the student and the staff member in order to resolve the matter as quickly as possible. The student may be accompanied by his/her parents and/or the ombudsman at this meeting. The principal shall communicate his/her decision in writing to the student, his/her parents and the staff member on the Student Grievance Form within three school days of the meeting.

The student may appeal an adverse decision of a formal grievance to the assistant superintendent of elementary instruction (in elementary school cases) or to the assistant superintendent of secondary instruction (in middle and high school cases) by filling out the Student Grievance Form and returning it to the principal within two school days of the principal’s response. The principal will advise the appropriate assistant superintendent that a request for an appeal has been received.

The assistant superintendent of elementary instruction or assistant/deputy superintendent of secondary instruction shall meet with the student, staff member, and principal within five school days of the request in order to resolve the matter. The student may be accompanied by his/her parents and/or the ombudsman at this meeting.

The assistant superintendent of elementary instruction or assistant/deputy superintendent of secondary instruction shall communicate his/her decision to all participants on the Student Grievance Form within three school days of the meeting.

The student may appeal a decision by the assistant superintendent of elementary instruction to the assistant/deputy superintendent of secondary instruction by filling out the Student Grievance Form and returning it to the principal within three school days of the decision by the assistant superintendent of elementary instruction. The principal will advise the assistant/deputy superintendent of secondary instruction that a request for an appeal has been received.

The assistant/deputy superintendent of secondary instruction shall meet with the student, staff member, principal and the assistant superintendent of elementary instruction within five school days of the request in an attempt to resolve the matter. The student may be accompanied by his/her parents and/or the ombudsman at this meeting. The assistant superintendent of secondary shall communicate his/her decision to all parties involved.

The decision of the assistant/deputy superintendent of secondary instruction shall be final and binding upon all parties.

Additional Comments Regarding the Appeal/Grievance Procedures

Students may be removed from school in accordance with normal school procedures during an appeal when, in the opinion of the principal, the student’s presence in the school is considered dangerous or disruptive.

If the principal, assistant superintendent of elementary instruction or assistant/deputy superintendent of secondary instruction is unavailable, his or her designated representatives may act in their behalf during the grievance procedure.

All records, reports and actions taken will be treated confidentially to protect the rights of all parties. No record of an appeal and/or grievance will be kept in the student's CA-60.

Failure of any administrator to hold a meeting or to render a decision shall allow automatic appeal to the next level.

At any point in the appeal and/or grievance procedure, time limits may be extended by a mutual agreement.

Behavioral Contract - A written agreement with a student, the student's parents and the principal which specifically states the conditions that must be met in order to correct a behavioral problem.

Closed Campus - One in which all students remain on the school site during the school day, unless authorized permission to leave is granted.

Denial of Driving Privileges - The denial of permission to drive to school for a specified time.

Detention - The placement of a student in a supervised area.

Disciplinary Probation - A period of time in which a student is put on probation due to past behavioral problems. Disciplinary probation is an acceptable disciplinary procedure whereby a student may not participate in extracurricular activities, may not perform before any audience or represent the school district in any capacity.

Expulsion - The temporary permanent exclusion of a student from school greater than 60 days (MCL 380.1310).

In-School Suspension - The assignment of a student to a program designed to meet the student's particular needs. This assignment may be located at the student's home school or at another site.

Ombudsman - An individual who assists students in asserting their rights as set forth in this handbook, not including disciplinary matters.

Parent Notification - Contact with a parent by phone, letter or meeting.

Referral to Social Service Agencies - A recommendation that the student seek help from a public or private social service agency.

Referral to Courts - The filing of a charge of an alleged illegal action with the appropriate judicial body.

Removal from Class - The removal of a student from class when his/her conduct is seriously disruptive and informal resolution is impractical.

Reprimand - A written notification of censure for unacceptable behavior, which may also involve the removal or restriction of school privileges.

Restitution/Restoration - The payment for or the restoring of property or articles which have been damaged, lost or stolen.

SNAP Suspension - A disciplinary suspension issued to a student by a teacher in accordance with state law. Statutory Offense A student infraction which constitutes a violation of a state law (statute).

Suspension - A designated time less than 60 days (MCL 380.1310) when a student is not permitted to attend classes, to remain on school grounds or to participate in or attend any extracurricular activities.

Tardiness - The act of a student not being in his/her classroom or seat when class is scheduled to begin as defined by the classroom teacher.

Work Assignment - An assigned task which must be completed by the student and may be substituted for detention on an equal time basis.

Working Day - A day on which the Troy School District's Administrative Offices are open to serve the public. A working day includes days when schools are not in session, such as spring break and summer vacation.

Policy of Non-Discrimination

Students, Parents and Citizens of the Troy School District:

Title IX of the Education Amendments of 1972 provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance except as may be permitted by law.

Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified handicapped individual shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

It is the policy of the Troy School District not to discriminate on the basis of sex or handicap in admission or access to treatment or employment in its programs and activities. The Troy School District periodically reviews its educational and employment programs and activities to assure compliance with Title IX and Section 504.

The Troy School District has established a grievance procedure to provide for the prompt and equitable resolution of complaints by students, employees or members of the community alleging discrimination on the basis of sex or handicap. The grievance procedure is available through any school office or by contacting the Coordinator for Title IX and Section 504 matters listed below. In addition, a school district employee who is part of a bargaining unit may process a complaint through the grievance procedure established in the collective bargaining agreement.

In accordance with federal regulations, the Troy School District has appointed Mr. Jordan Harris, Assistant Superintendent for Employee Services as the Title IX Coordinator and Ms. Jessica Carrier, Director of Special Education, as the Section 504 Coordinator. Any questions, suggestions or complaints should be directed to:

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