The Board believes that attendance in school and participation in class are integral parts of academic achievement and the teaching-learning process. Through regular attendance, students develop patterns of behavior essential to professional and personal success in life. Regular attendance by every student is mandatory. The State of North Carolina requires that every child in the State between the ages of 7 (or younger if enrolled) and 16 attend school. Parents and legal guardians are responsible for ensuring that students attend and remain at school daily.

A. ATTENDANCE RECORDS

School officials shall keep accurate records of attendance, including accurate attendance records in each class. Attendance records will be used to enforce the Compulsory Attendance Law of North Carolina.

B. EXCUSED ABSENCES

When a student must miss school, a written excuse signed by a parent or guardian must be presented to the school after the student returns from an absence. The Board reserves the right for the school administration, after consultation with the Superintendent or designee, to request additional documentation to excuse an absence. Absences will be coded as unexcused until the written excuse is received. Absences due to extended illnesses may also require a statement from a physician. For the purposes of this Policy, extended illnesses are those which result in absences in excess of five (5) consecutive school days or in excess of five (5) cumulative days within a single semester. An absence may be excused for any of the following reasons:

1. personal illness or injury that makes the student physically unable to attend school (illnesses includes but is not limited to physical, emotional, and mental health);

2. isolation ordered by the State Board of Health;

3. death in the immediate family. For purposes of this Policy, immediate family will include parents/guardians, siblings and grandparents;

4. medical or dental appointment;

5. participation under subpoena as a witness or a party in a court proceeding;

6. a minimum of two days each academic year for observance of an event required or suggested by the religion of the student or the student’s parent(s);

7. college visits (up to two per academic year in both the Junior and Senior year once the student provides verification of the visit) and scholarship interviews;

8. participation in a valid educational opportunity, such as travel, additional college visits or service as a legislative or Governor’s page, with prior approval from the principal/designee;

9. pregnancy and related conditions or parenting, when medically necessary; or

10. a minimum of two days each academic year for visitation with the student’s parent or legal guardian, if the student is not identified as at risk of academic failure because of unexcused absences and the student’s parent or legal guardian (a) is an active duty member of the uniformed services, and (b) has been called to duty for, is on leave from, or has immediately returned from deployment to a combat zone or combat support posting.

All other absences are considered unexcused.

In the case of any absence the student will be expected to make up his/her work. The teacher will determine when work is to be made up. The student is responsible for finding out what assignments are due and completing them within the specified time period.

C. SCHOOL-RELATED ACTIVITIES

All classroom activities are important and difficult, if not impossible, to replace if missed. Principals shall ensure that classes missed by students due to school-related activities are kept to an absolute minimum. The following school-related activities will not be counted as absences from either class or school:

1. field trips sponsored by the school;

2. job shadows and other work-based learning opportunities, as described in G.S. 115C-47(34a);

3. school-initiated and scheduled activities;

4. co-curricular, school sponsored extra-curricular and school sponsored athletic events that require early dismissal from school;

5. Career and Technical Education student organization activities approved in advance by the principal/designee; and

6. In-school suspensions.

Assignments missed for these reasons are eligible for makeup by the student. The teacher will determine when work is to be made up. The student is responsible for finding out what assignments are due and completing them within the specified time period.

D. EXCESSIVE ABSENCES

Class attendance and participation are critical elements of the educational process and may be taken into account in assessing academic achievement. Students are expected to be at school on time and to be present at the scheduled starting time for each class. Students who are excessively tardy to school or class may be suspended for up to two days for such offenses.

In addition, for students experiencing homelessness, school administrators must consider issues related to the student’s homelessness, such as a change of caregiver or nighttime residence, before taking disciplinary action or imposing other barriers to school attendance based on excessive absences or tardies.

The principal shall notify parents and take all other steps required by G.S. 115C-378 for excessive absences. Students may be suspended for up to two days for attendance related absences pursuant to the Code of Student Conduct.

1. Elementary - Students in grades K-5 who are absent (excused, unexcused, or OSS) for 20 days or more in a single academic year may be retained;

2. Middle – Students in grades 6-8 who are absent (excused, unexcused, or OSS) for 15 days or more in a single academic year may be retained. For middle school students taking courses for high school credit, the high school attendance rules will apply to those courses; and

3. High – Students in grades 9-12 who are absent (excused, unexcused, or OSS) for 8 periods or more in a semester long course or 15 in a yearlong course may fail the course. Yearlong courses are defined as courses which meet on a daily basis for the entire school year.

a. Recovery: Students who have a chance to pass academically but are in danger of failing due to absences will be the target population for attendance recovery. Recovery will be aligned to the classes where the absences occurred and the student shall be engaged in meaningful academic activities in the subject area. Recovered absences will not change the attendance record and excessive absences will impact other opportunities including the ability to participate in co-curricular and extra-curricular activities. Each school shall develop an attendance recovery plan that will be reviewed and approved annually by the Office of School Performance.

E. PROCEDURES FOR EXCESSIVE ABSENCES AND ATTENDANCE VIOLATIONS

1. Three unexcused absences. When a student has accumulated three unexcused absences, the principal or designee shall notify the parent/guardian/custodian of the absences.

2. Six unexcused absences. When a student has accumulated six unexcused absences, the principal or designee shall notify the parent/guardian/custodian by mail that the student has accumulated this number of absences. The attendance counselor shall work with the student and his/her parent/guardian/custodian to analyze the causes of the absences and to develop a plan to eliminate the attendance problem.

3. Ten unexcused absences. When a student has accumulated ten unexcused for any reason, the principal or designee shall have a conference with the student and his/her parent/guardian/custodian to discuss the accumulated absences, ensure that the proper notices have been received and determine if the parent has worked in good faith to implement the plan developed pursuant E. 2. above. Should the principal determine that there has not been a good faith effort on the part of the student and/or parent/guardian/custodian to comply with the attendance requirements, s/he shall notify both the district attorney and the director of the department of social services. A parent or student may be subject to criminal charges or a juvenile petition for failing to meet these expectations.

F. TARDIES/EARLY SIGN-OUTS

All tardies/early sign-outs will be addressed at the school level. Attendance in school for all classes the full time allotted for classes is essential for student success. As with absences, school staff will work with the family to develop a plan to address tardies and early sign-outs.

G. RETENTION APPEAL

A parent/guardian/custodian may appeal a decision to retain a student to the school level committee according to the following criteria:

a. The student has passed all academic requirements for promotion but has failed to meet the attendance requirement.

b. Some absences were due to circumstances beyond the student’s control.

c. For High School students – the student must have participated in all recovery opportunities made available to him/her.

The school principal and/or the student’s parent/guardian/custodian may appeal the decision of the school level attendance committee to a district level attendance committee.

Individual schools are required to develop programs (including recovery programs) to address the academic needs of students who may be failing due to excessive absenteeism. Participation in such programs will be considered by the school level attendance committee. In addition, principals need to take into consideration special situations. These plans must be submitted to the Office of School Performance and approved annually.

Principals would be able to promote a student who qualified academically, but has accumulated twenty or more absences during the school year if it serves the best interest of the student.

H. EXAM EXEMPTIONS

High School students will not be required to take a teacher-made final exam in a course in the following situations:

• The student has an average of 90 or above the week prior to the administration of the exam and has no more than 2 unexcused absences in the class; or

• The student has an average of 80 or above the week prior to the administration of the exam and has no more than 1 unexcused absence in the class.

Teacher made tests are defined as tests designed and graded by a UCPS teacher of record for the purpose of assigning an exam grade to a student. Exam exemptions only apply to teacher made tests and are not available in courses which require the administration of an End of Course or state mandated final exams. Students enrolled in AP courses will still be required to take the AP exam. Students are expected to take all other assessments given at the school.

LEGAL REF: G.S. 115C-47, -84.2, -288(a), -375.5, -378 to -383, -390.2(d), -390.2(l), -
390.5, -407.5; 130A-440; 16 N.C.A.C. 6E .0102, .0103; State Board of
Education Policies ATND-000, -003, N.C.A.C.-6E.0104


UNION COUNTY BOARD OF EDUCATION
APPROVED: 6/5/18
REVISED: 3/5/19
REVISED: 12/3/19

The purpose of the Union County Public School System is to provide education for all students enrolled.

The Board of Education believes that self-discipline is the key element in a positive school climate. In order to foster and nurture self-discipline among students, schools shall implement programs, practices, and procedures designed to encourage and recognize positive and responsible student behavior. Such programs can be a part of or logical extensions of the schools’ character education curriculum. In addition, schools shall provide regular staff development opportunities on such topics as positive discipline, recognition of bullying, conflict resolution, etc. Furthermore, schools shall develop intervention strategies to prevent bullying including bullying via electronic devices (including, but not limited to, phones, computers, pads, and other electronic media/devices).

These proactive measures on the part of schools will provide a balanced approach to the Union County Public Schools’ goal of expecting, encouraging, and enforcing acceptable student behavior in all schools, and further serve to promote the District’s core value of design in quality and prevention.

The welfare of the individual student and of the larger school community is best served when all disciplinary actions and procedures support a positive educational environment.

Code of Student Conduct

The Superintendent is responsible for developing and disseminating a Code of Student Conduct annually. In addition, each school will establish and enforce reasonable regulations for student behavior not inconsistent with the infractions identified in the Code of Student Conduct.

Students shall be provided with access to a handbook containing Attendance Policy and Code of Student Conduct at the beginning of each school year. Paper copies are available upon request. A copy of the handbook will be placed on the district website and shall be available in the media center, the school office, school counselor’s office, and other locations as designated by the principal.

Each student is required to return documentation (provided by school) verifying parents have received and read the Code of Student Conduct and the school shall maintain a copy of said documentation.

Students must comply with the Code of Student Conduct, and all school behavioral expectations, in the following circumstances:

1. while in any school building or on any school premises before, during or after school hours;

2. while on any bus or other vehicle as part of any school activity;

3. while waiting at any school bus stop;

4. during any school-sponsored activity or extracurricular activity;

5. when subject to the authority of school employees; and

6. at any place or time when the student's behavior has or is reasonably expected to have a direct and immediate impact on the orderly and efficient operation of the schools or the safety of individuals in the school environment.

Authority of School Personnel

a. To correct pupils;

b. To quell a disturbance threatening injury to others;

c. To obtain possession of weapons or other dangerous objects on the person, or within the control, of a student;

d. For self-defense;

e. For the protection of persons or property; or

f. To maintain order on school property, in the classroom, or at a school- related activity on or off school property.

The Board, Superintendent, and staff are committed to establishing positive learning environments that ensure that all student have access to a quality education. The District recognizes that a key aspect of maintaining a healthy and safe environment is establishing order and maintaining discipline in our schools. This goal can only be achieved through the cooperative efforts of our school staff, students, parents/guardians, and the community.

The District believes that developing strong relationships with families is the first step in establishing safe and healthy schools. The District desires to work collaboratively with families to establish positive relationships that aid in the development and achievement of all students.

The District is committed to eliminating disparity in school discipline with respect to its underserved populations in reducing the number of referrals, suspensions, and expulsions. The staff will engage in restorative practices that enhance school culture and improve discipline systems to address equity.

 ALTERNATIVE MEANS OF CORRECTION

Each school is responsible for incorporating a Multi-Tier Systems of Support (MTSS) framework into its School Improvement Plan (SIP) to reduce referrals and suspensions through pro-active intervention, positive behavioral support, restorative practices, and other non-punitive approaches to discipline. MTSS includes a Positive Behavioral Interventions and Supports (PBIS) model of evidenced based practices to address student behavior.

Acknowledging that it is not always possible, where appropriate the District encourages alternatives to suspension and the implementation of progressive discipline approaches prior to removing a student from the educational setting. Classroom based strategies include, but are not limited to:

1.      Reteach behavioral expectations;

2.      Separate students;

3.      Assign additional tasks;

4.      Communicate with the parent/guardian;

5.      Conference with the student and/or parent; and

6.      Implement a behavioral contract and/or plan.

Parents/guardians should be notified if there is a pattern of misbehavior which could result in removal from the school environment. Students who exhibit a pattern of misbehavior should be provided more intensive support and interventions. Appropriate school level strategies include, but are not limited to:

1.      Conference with parent/guardian and/or student;

2.      Implement a case management or counselling plan;

3.      Convene an intervention team;

4.      Assign after school detention and/or Saturday School;

5.      In-school suspension; and

6.      Short Term Out-of-school suspension.

When applying strategies that remove the student from the educational environment (i.e. full day ISS or OSS) or require attendance outside of normal school day (i.e. ASD or Saturday School) the school shall make a good faith effort to notify the parent prior to imposition of the consequence. For consequences that require immediate implementation (i.e. partial day ISS or conferences), the parent shall be notified as soon as possible and within 24 hours of the event.

These are not the only rules of conduct which students are expected to follow. Additional school level rules/consequences will be set by the school site (including but not limited to dress code, honor code and insubordination). There will also be rules for riding the bus. A copy of these guidelines, school level and transportation rules will be provided annually to all students.  

DEFINITIONS (unless specifically defined, the meaning will be the customary use of the word)

1.                  Administration. School level administrators, including the principal and assistant principals.

2.            Bans from School Property. Except with prior, written permission of the site principal, students who are suspended or expelled may not enter any property of Union County Public Schools. Failure to abide by this prohibition is trespassing and will be reported to law enforcement.

3.             Code of Student Conduct. The behavioral guidelines adopted by the District. The Code of Student Conduct is published and made available to students on an annual basis. It is available on the District Website. A hard copy is available, upon request to the principal.

4.              Condensed Academic Term. Block Schedule.

5.             Disciplinary Reassignment. A full-time educational program that meets the academic requirements of the NC Standard Course of Study and provides the student with the opportunity to make timely progress towards graduation and grade promotion. A disciplinary reassignment may utilize a combination of online courses, direct teacher instruction and other computer based alternatives for instruction. South Providence School is an example of a disciplinary reassignment approved location. A disciplinary reassignment is not a long-term suspension and does not require those procedures. The use of a disciplinary reassignment may occur prior to other forms of removal from the instructional environment.

6.                  Elementary Students. Students in grades Pre-K – 5.

7.                  Expulsion. The indefinite removal of a student from school enrollment for disciplinary purposes. Only the Board of Education can expel a student, over the age of 14, whose continued presence is a clear threat to the safety of staff and other students. An expulsion may be considered for a violation of any of the rules set out below or for other conduct meeting this definition.

8.                  Extracurricular/co-curricular activity participation. In order to participate in extracurricular/co-curricular activities or athletic programs, students must adhere to Board of Education policies, school-level criteria, North Carolina High School Athletic Association rules (where applicable) and law. The District’s behavioral expectations extend beyond the classroom and school campus. Therefore, regardless of when and where the charge arises, any student who is charged with or adjudicated/found guilty of a crime (or what would be considered a criminal violation if the student were an adult) may be suspended or completely excluded from participation in extracurricular/ co-curricular activities. Please see the Extra-Curricular Activities and Interscholastic Athletics Guidelines for more information.

9.                  Long-term Suspension. A disciplinary removal in excess of 6 days for high schools on condensed academic terms and 10 days for middle schools. If the conduct occurs in the final quarter of the school year the suspension may run through the end of the first semester of the following year.

10.              Multiple Offense designations. For offenses where different consequences are applied depending upon the number of violations, the offense is of the overall (numbered) rule. Additionally, the number of violations carries through one academic year. 

11.              Parent. Parents, legal guardians, custodians, and caretakers entitled to enroll the student in school.

12.              Parent/Student Conferences. A meeting between the student, parent and administrator may be required for any length suspension. 

13.              Restorative Justice. Restorative Justice is reactive in nature. It consists of formal and informal responses to wrongdoing. These responses are introduced in an effort to avoid the reoccurrence of the wrongdoing and to begin to rebuild relationships where there has been harm.

14.              Restorative Practices. Restorative Practices are proactive in nature. They consist of formal and informal processes put in place to create positive school climate. These processes precede any wrongdoing, provide expectation clarity for all involved and have a strong focus on building relationships and a sense of community.  The following are some of the opportunities for Restorative Justice that are available within the District, not all programs are available at all school locations:

• Multi-Tiered Systems of Support (MTSS);

• Foundations Training;

• CHAMPS Training/Discipline in the Secondary Classroom: and

• Social-Emotional Resources.

15.              School Authority. The school has the authority to address any act that takes place on or immediately adjacent to school grounds, at any school-sponsored activity, on school-provided transportation or at any official school bus stop, through the use of the district Internet system or school provided technology, through the use of a personal digital device on campus, or off-campus activities that cause or are reasonably expected to cause a direct and immediate impact on the orderly and effective operations of the school or the safety of individuals.

16.              School property.  The physical premises of all school campuses, bus stops, all vehicles under the control of the district (including but not limited to Yellow School and Activity Buses), and school sponsored curricular and extra-curricular activities, regardless of where they occur. The administration may also impose consequences for conduct which occurs off campus if it has a direct and immediate effect on maintaining order and discipline in the schools.

17.              Secondary Students. Students in middle and/or high school.

18.              Short-term suspension. The disciplinary removal of a student for 6 or fewer days for high schools on condensed academic terms and 10 or fewer days for middle and elementary schools.

19.              Suspension. Unless otherwise noted any references to a suspension is an out of school suspension. 

20.              Any references to Superintendent or Principal shall include that person’s designee.

REPORTS TO OUTSIDE AUTHORITIES

1.                  Law Enforcement – Under North Carolina Law, principals are required to report to law enforcement when s/he has personal knowledge or actual notice that one of the following acts has occurred on school property: “assault resulting in serious personal injury, sexual assault, sexual offense, rape, kidnapping, indecent liberties with a minor, assault involving the use of a weapon, possession of a firearm in violation of the law, possession of a weapon in violation of the law, or possession of a controlled substance in violation of the law.” Additionally, any conduct which may be both a violation of these guidelines and law will be reported to the School Resource Officer (SRO). If a student is arrested consistent with this provision, school officials will notify the parent of the location where their child is taken by law enforcement officials.

2.                  Department of Motor Vehicles (DMV) – Under North Carolina Law, students who receive a long-term suspension for engaging in any of the following conduct will be reported to the DMV: possessing or selling alcoholic beverages or an illegal controlled substance on school property, bringing, possessing, or using on school property any weapon or firearm, and physically assaulting a teacher or other school personnel on school property. 

PROHIBITED BEHAVIORS:

1. Abusive Language and Gestures
2. Aggressive Behavior
3. Arson/Use of Fire
4. Attendance (Truancy/Skipping/Unauthorized Location)
5. Bullying
6. Chronic Disruptive Behavior
7. Electronic Devices
8. False Alarms
9. Firearms and destructive devices
10. Hazing
11. Illegal/Unauthorized Substances
12. Insubordination
13. Misrepresentation
14. Nuisance Items
15. Persistently Dangerous Students
16. Sexual Behavior/Graphic Materials
17. Sexual Harassment
18. Student Dress
19. Act of Terror/Bomb Threats
20. Theft/Robbery
21. Trespassing/Breaking and Entering
22. Unauthorized Use of Technology
23. Weapons (not including firearms and explosives)
24. Vandalism

Principals will apply the appropriate rule in light of the conduct of the student. Principals have the discretion to determine if a violation of the rule, considering mitigating factors, is serious enough to warrant suspension and should use good judgment when applying these guidelines. 

When considering the appropriate sanction for specific student conduct, the Principal should consider the following:

1.      The student’s age;

2.      The student’s mental capacity;

3.      The student’s intent;

4.      The student’s disciplinary history;

5.      The student’s academic history;

6.      The potential benefits to the student of alternatives to suspension;

7.      How the student’s misconduct impacted others, including other students, staff members, and/or school visitors;

8.      Whether the student displayed an appropriate attitude and gave respectful cooperation during the investigation and/or after the offense occurred;

9.      What other consequence(s) the student may be experiencing outside of school; and

10. What action the student and/or the student’s parent(s) have taken since the offense occurred.

Principals will avoid assigning the maximum consequence unless one of the following conditions exists:

1.      The conduct resulted in a disruption to the educational environment;

2.      The conduct posed a threat to the safety of that student or other persons present;

3.      Progressive consequences have already been exhausted or are not appropriate under the circumstances; or

4.      In the Principal’s professional judgment, no lesser consequence is appropriate.

When students are suspended for violations of these guidelines these absences may affect academic standing, promotion, and eligibility for co-curricular and extra-curricular activities including athletics. Please refer to Policy 4-1, Attendance, for further information. 

For the prohibited behaviors, the following system-wide disciplinary actions shall be taken. In addition to any consequence enumerated below each behavior, students may be referred to the school counselor, may be banned from school property, and/or a parent/student conference required:

1.      Abusive Language and Gestures: Students will not use abusive, profane, or obscene, words, signs, gestures, or other acts toward or about any school employee, adult on campus or other student. This provision includes but is not limited to communication through written assignments and/or electronic technology where a connection to the school exists. The administration will also consider whether the conduct being investigated was an act of bullying.        

a.         Toward a school staff member or other adult on campus.

·         First Offense:  

·         Elementary: 0-3 day suspension

·         Secondary: 0-10 day suspension, 0-6 days for Condensed Academic Terms.

·         Second and subsequent Offenses: 

·         Elementary: 1–5 day suspension

·         Secondary: 3-10 day suspension or 2-6 days for Condensed Academic Terms. For secondary students, after the second offense the administration may consider a recommendation for long-term suspension.

b.         Toward another student or between students.

·         First Offense: (Elementary and Secondary) 0-3 day suspension

·         Second and subsequent Offenses: (Elementary and Secondary) 1-5 day suspension, 1-3 days for Condensed Academic Terms. 

2.      Aggressive Behavior:  Students will not engage in any form of aggressive behavior (physical or verbal) against any other student, staff member or other adult in the school, except when the behavior is an act of self-defense. All assaults must be reported to the principal. 

a.                  Physical violence directed toward any school employee or other adult in the school.

·         Elementary: 0-10 day suspension

·         Secondary: 10 day suspension or 6 days if on a Condensed Academic Term. For secondary students, the administration may consider a recommendation for a long-term suspension. Upon returning from a long-term suspension, the student shall not be returned to the teacher’s class unless the teacher consents.  

b.                  Physical Violence directed toward a student. Violations include, but are not limited to, any assault, fight, or attempt to cause physical harm to a student(s) by another student(s).

·         Elementary and Secondary

·         First Offense (where there were no serious injuries, multiple aggressors/participants or disruption to the academic day):     0-10 day suspension or 0-6 days if on a Condensed Academic Term

·         Second and subsequent Offenses (where there were no serious injuries, multiple aggressors/participants or disruption to the academic day):     1-10 day suspension or 1-6 days if on a Condensed Academic Term. For secondary students, after the second offense the administration may consider a recommendation for a long-term suspension.

·         For assaults which result in serious injury, those involving multiple aggressors or where disruption to the academic day results: 10 day suspension, 6 days for Condensed Academic Terms. For secondary students, the administration may consider a recommendation for a long-term suspension.

c.                   Threats about or directed toward any other student, staff member or other adult in the school: Any physical, verbal, or written threat (including but not limited to threatening gestures, or threats communicated via electronic technology and including threats made outside of school where a connection to the school and/or school work exists) directed toward or about any student, staff member or other adult which threatens force, violence, or disruption, or any sign or act which constitutes a threat of force, violence, or disruption. This includes threats and/or retaliation against a student who is a victim or a witness in a student disciplinary matter.  

·         Elementary

1.      Threats toward staff members or other adults in the school – 0-5 day suspension. 

2.      Threats toward students

·         First Offense: 0-5 day suspension

·         Second and subsequent Offenses: 1-5 day suspension

·         Secondary

1.      Threats toward staff members or other adults in the school - 10 day suspension or 6 days if on a Condensed Academic Term. For secondary students, the administration may consider a recommendation for long-term suspension, depending upon the severity of the threat. 

2.      Threats toward students

·         First Offense: 1-10 day suspension or 1-6 days if on a Condensed Academic Term

·         Second and subsequent Offenses: 3-10 day suspension or 3- 6 days if on a Condensed Academic Term. For secondary students, after the second offense the administration may consider a recommendation for a long-term suspension, depending upon the severity of the threat.           

d.         Verbal Confrontation/Provocation includes approaching another person in a confrontational, provocative or bullying manner. This includes attempts to intimidate or instigate another person to fight or commit other acts of physical aggression.

·         Elementary: 0-5 day suspension

·         Secondary:  0-10 day suspension or 1-6 days if on a Condensed Academic Term. For secondary students, after the second offense the administration may consider a recommendation for a long-term suspension.

 e.         Extortion or blackmail includes threats to take the property of another student through the threat of physical harm.

·         Elementary: 0-5 day suspension

·         Secondary: 0-10 day suspension or 1-6 days if on a Condensed Academic Term. For secondary students, after the second offense the administration may consider a recommendation for a long-term suspension. 

f.          Behavior that incites a serious disruption to the academic environment includes behavior which encourages other students to join in a potentially volatile situation, or disrupts or has the potential to disrupt the school environment including a failure to disperse at the request of staff.

·         Elementary: 0-5 day suspension

·         Secondary: 0-10 day suspension or 0-6 days if on a Condensed Academic Term. For secondary students, after the second offense the administration may consider a recommendation for a long-term suspension. 

3.      Arson/Use of Fire: A student will neither set fire nor attempt to set fire to anything on school property or participate with others to damage or destroy school property through the use of fire. This includes but is not limited to striking matches, flicking cigarette lighters or using any instrument capable of producing fire on school property or at a school-sponsored or school-related activity that is on or off school property.

·         Elementary and Secondary: 10 day suspension or 6 days if on a Condensed Academic Term. For secondary students, the administration may consider a recommendation for a long-term suspension. 

4.      Attendance: Students will not leave the assigned area/school grounds without permission or commit other attendance violations (i.e. skipping class and truancy). Students must attend school and every class every day unless there is a lawful absence. Once at school, students will remain on campus and in areas designated by school officials at all times. Violations of this rule include being in an unauthorized location within the school.

·            Elementary and Secondary: 0-2 day suspension and principal discretion which may include additional consequences should the conduct violate other rules in this policy or the bus or school level rules. No more than 2 days of suspension can be assigned to a student for an attendance violation. 

5.      Bullying: Students will not bully another person on school property. Under North Carolina Law, bullying is “any pattern of gestures or written, electronic, or verbal communications, or any physical act or any threatening communication, that takes place on school property reasonably perceived as being motivated by any actual or perceived differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, physical appearance, sexual orientation or mental, physical, developmental, or sensory disability, or by association with a person who has or is perceived to have one or more of these characteristics”. Bullying may include, but is not limited to, cyber bullying, verbal taunts, name-calling and put-downs, extortion of money or possessions, implied or stated threats and may be directed at the same or different individuals. This rule includes hate-motivated behavior (i.e. injuring or intimidating another due to the victim’s race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, physical appearance, sexual orientation or mental, physical, developmental, or sensory disability). Students who feel bullied, harassed or intimidated at school by an adult or another student or who witness such conduct should immediately report the conduct to an administrator or school counselor. Anonymous reports can also be made through the UCPS App or through the link on a district issued laptop. 

Both the accused and victim will be referred to a school counselor.

·         Elementary and Secondary

·         First Offense: 0 to 10 day suspension or 0-6 for Condensed Academic Terms

·         Second and subsequent Offenses: 3-10 day suspension, or 2-6 days for Condensed Academic Terms. For secondary students, after the second offense the administration may consider a recommendation for long-term suspension. 

6.      Chronic Disruptive Behavior:   Students will not engage in behavior which disrupts classroom, school environment, or school activities. This rule does not include situations where the student poses a threat of injury to students or staff which may qualify the student for an alternative disciplinary program, including a disciplinary reassignment.

·         Elementary: 0-5 day suspension

·         Secondary: 3-10 day suspension, or 2-6 days for Condensed Academic Terms. 

7.      Electronic Devices: 

Elementary and Middle School: Students will not display cell phones or electronic/media devices (including smart watches) except pursuant to an authorized purpose or as an instructional tool under the guidance and direction of a staff member during a school activity, from the first bell of the day through the last dismissal bell. Except as identified above, cell phones must be turned off and out of sight (in backpack, pocket, or purse) at all times. Use of a cell phone is defined to include, but is not limited to phone ringing, talking on phone, taking pictures, browsing, gaming and text messaging. Any smart watches (i.e. Apple watch) or electronic tracking devices (i.e. AngelSense) must have all recording/listening capabilities turned off or disabled.

High School: Students will not use cell phones or electronic/media devices during instructional time except pursuant to an authorized purpose or as an instructional tool under the guidance and direction of a staff member during a school activity. Students may use cell phones or electronic/media devices during non-instructional times, including class change and lunch, so long as the use is not disruptive to the school environment and the cell phone or electronic/media device is used in a safe and responsible manner. Any smart watches (i.e. Apple watch) or electronic tracking devices (i.e. AngelSense) must have all recording/listening capabilities turned off or disabled.

The District is not responsible for theft, loss or damage to any cell phone or other electronic/media devices brought onto school property. 

·         Elementary and Secondary

·         First Offense: Confiscate item and return to the student at the end of the academic day and notify parent. If use of the electronic device results in violation of other behavioral rule (including but not limited to school based rules) further discipline may be applied.

·         Second and subsequent Offenses: Confiscate item and return only to parents. Parent conference required and may include 1 day of in-school suspension, after school detention, or Saturday School. Additionally, the student may be prohibited from bringing the item to school for the remainder of the school year, except as authorized in writing by the principal.  

Failure to obey the request of a school staff member to hand over cell phone or other electronic device, shall be considered insubordination. 

8.      False Alarms: In the absence of an emergency, students will not call/dial 911, signal or set off an automatic signal indicating the existence of an emergency. This rule does not include accidental dialing 911 so long as no disruption occurs.

·         Elementary and Secondary

·         First Offense: 1-10 day suspension or 1-6 days if on a Condensed Academic Term

·         Second Offense: 3-10 day suspension or 2-6 days if on a Condensed Academic Term. For secondary students, the administration may consider a recommendation for a long-term suspension. 

9.       Firearms and explosive/destructive devices: Students will not bring, possess (regardless of the manner received or the length of time possessed) or use a firearm or other explosive/destructive device on a school campus or at a school event wherever held as defined by North Carolina General Statutes § 14-269.2b. All firearms and explosive/destructive devices will be confiscated immediately and turned over to law enforcement. 

A firearm includes but is not limited to a starter pistol, gun, rifle, pistol, shotgun, frame, receiver, firearm muffler or silencer (loaded or unloaded) or a destructive device. An explosive/destructive device includes but is not limited to an explosive, incendiary, poison gas, bomb, grenade, rocket with a propellant charge of more than 4 ounces, a missile with a charge of more than ¼ ounce, mine or similar device. 

·         Elementary and Secondary: A suspension of 365 days shall be imposed for violations of this rule pursuant to the Gun-Free Schools Act, 20 U.S.C. 7961.   Upon recommendation of the Superintendent, the Board of Education may modify this consequence after a review of the facts and circumstances surrounding the incident and considering alternative educational options for the student.

No student may knowingly or willfully cause, encourage or aid any other student to possess, handle or use any of the weapons or weapon-like items listed herein (See Rules 9 and 23). A student who finds a weapon or weapon-like item, who witnesses another student or other person with such items, or becomes aware that another student or other person intends to possess, handle or use such items, must notify a teacher or principal immediately. Failure to do so may result in disciplinary action up to and including a maximum of 10 day suspension or 6 days if on a Condensed Academic Term. The Superintendent and Board shall not impose a 365 day suspension if it is determined that the student took possession of, received or found the firearm or destructive device on campus, provided that the student delivered or reported the firearm or destructive device as soon as practicable to a law enforcement officer or a school employee and had no intent to use it in a harmful or threatening way.

10. Hazing: Students will not engage in hazing which is defined as “to subject another student to physical injury as part of an initiation, or as a prerequisite to membership, into any organized school group including any society, athletic team, fraternity or sorority, or other similar group.” For purposes of these guidelines, hazing may include annoying any student by playing tricks, frightening, scolding, beating or harassing, or subjecting to personal indignity. Per North Carolina General § 14-35 hazing is strictly forbidden on campus and at all off campus school events. 

·         Elementary and Secondary: 0-10 day suspension, 0-6 days for Condensed Academic Terms. For secondary students, after the second offense the administration may consider a recommendation for long-term suspension.

·         Students convicted of the Class 2 misdemeanor for hazing may be recommended for expulsion. 

11. Illegal/Unauthorized Substances: Students will not possess, use, be under the influence of, sell, deliver, manufacture, or distribute any of the following substances on school property. All substances will be immediately confiscated and reported to and provided to either to law enforcement or a parent, as appropriate.

·         narcotic drugs;

·         hallucinogenic drugs;

·         amphetamines;

·         barbiturates;

·         marijuana;

·         synthetic stimulants, such as MDPV and mephedrone (e.g., “bath salts”), and synthetic cannabinoids (e.g., “Spice,” “K2”);

·         any other controlled substance;

·         any alcoholic beverage, malt beverage, fortified or unfortified wine, or other intoxicating liquor;

·         any chemicals, substances, or products procured or used with the intention of bringing about a state of exhilaration or euphoria or of otherwise altering the student’s mood or behavior;

·         any substance containing cannabidiol (CBD) or tetrahydrocannabinol (THC), regardless of whether it constitutes a controlled substance under state or federal law; or

·         counterfeit (fake) substances.

a.             Over-the-Counter Medication: Without proper medical authorization, students shall not transport over-the-counter medication to or from school or have such medication in their possession at any time without meeting conditions prescribed by the Board. All properly approved over-the-counter medication will be provided to the school nurse. Over-the-Counter medications include essential oils. CBD Oil may not be possessed without a prescription from a medical professional and a completed medical authorization form (see Rule 11b below for use, share/distribute, and possession of CBD Oil).

1.                  Being under the influence:  

·         Elementary and Secondary: 0-5 day suspension or 0-3 days if on a Condensed Academic Term.

·         Required drug education class (failure to attend may result in additional days of suspension for insubordination) 

2.                  Possession:

·         Elementary and Secondary: 0-5 day suspension or 0-3 days if on a Condensed Academic Term.

·         Required drug education class (failure to attend may result in additional days of suspension for insubordination) 

3.                  Use at School:

·         Elementary and Secondary: 0-5 day suspension or 0-3 days if on a Condensed Academic Term.

·         Required drug education class (failure to attend may result in additional days of suspension for insubordination) 

4.                  Share/Sell/Distribute:

·         Elementary and Secondary: 1-5 day suspension or 1-3 days if on a Condensed Academic Term. The administration may make a recommendation for a long-term suspension

·         Required drug education class (failure to attend may result in additional days of suspension for insubordination)          

b.         Prescription Medication: All prescription medication will be provided to the school nurse and properly stored, unless the student possesses properly approved self-carry documentation. Without proper medical authorization, students shall not transport prescription medication to or from school or have such medication in their possession at any time without meeting conditions prescribed by the Board. 

1.                  Possession or use of prescription medication without proper authorization: (Possession and use only; this does NOT include distribution). Upon arrival to school, the student must secure provide the medication immediately to a school staff member. Failing to do so is a violation of this rule.

 ·         Elementary and Secondary:

·         First Offense - 0-3 day suspension or 0-2 days if on a Condensed Academic Term. Required drug education class (failure to attend may result in additional days of suspension for insubordination)

·         Second Offense - 0-5 day suspension or 0-3 days if on a Condensed Academic Term. Required drug education class (failure to attend may result in additional days of suspension for insubordination)

2.                  Under the Influence of prescription medication without proper authorization:

·         Elementary and Secondary: 0-5 day suspension or 0-3 days if on a Condensed Academic Term.

·         Required drug education class (failure to attend may result in additional days of suspension for insubordination)

·         Suspension is not warranted when a student comes to campus under the influence when used in compliance with the directions of a valid prescription.

3.         Share/Sell/Distribute:

·         Elementary and Secondary: 10 day suspension or 6 days if on a Condensed Academic Term. For secondary students, the administration may consider a recommendation for a long-term suspension.

·         Required drug education class (failure to attend may result in additional days of suspension for insubordination) 

c.         Alcohol (Includes but is not limited to wine, beer, non-alcoholic beer, and energy drinks containing alcohol): 

·                     Under the influence, possession or use on school property, as defined above:

·         Elementary and Secondary:

·         First Offense – 3-10 day suspension or 3-6 days if on a Condensed Academic Term.

·         Required drug/alcohol education class (failure to attend may result in additional days of suspension for insubordination)

·         Second and subsequent Offenses - 10 day suspension or 6 days if on a Condensed Academic Term. For secondary students, after the second offense the administration may consider a recommendation for a long-term suspension.

·         Required drug/alcohol education class (failure to attend may result in additional days of suspension for insubordination)

·                  Share/Sell/Distribute:

·         Elementary and Secondary: 10 day suspension or 6 days if on a Condensed Academic Term. For secondary students, the administration may consider a recommendation for a long-term suspension.

·   Required drug/alcohol education class (failure to attend may result in additional days of suspension for insubordination) 

d.                  Tobacco Products: Students will not possess, use, sell or distribute tobacco products on school property (as defined above). For rolling papers, see drug paraphernalia below. All tobacco products, including but not limited to cigars, cigarettes, electronic cigarettes (including but not limited to vape pens and devices such as Juuls), snuff, chew packets, and all lighted and smokeless tobacco and/or nicotine products are prohibited and will be confiscated.  

·         Possession

·         Elementary and Secondary:

·         First Offense: 1–6 day suspension and required Tobacco Education class. Failure to complete tobacco education class will result in additional days of suspension for insubordination.

·         Second and subsequent Offenses:   3-6 day suspension and required Tobacco Education class. Failure to complete tobacco education class will result in additional days of suspension for insubordination.

·         Use, Sell/Distribute

·         Secondary:

·         First Offense: 1-10 day suspension or 1-6 days if on a Condensed Academic Term and required Tobacco Education class. Use, sale or distribution electronic cigarettes (including but not limited to vape pens and devices such as Juuls) will result in a 3-10 day suspension or 3-6 days if on a Condensed Academic Term and required Tobacco Education class.   Failure to complete tobacco education class will result in additional days of suspension for insubordination. If the preponderance of the evidence is that the electronic cigarette contains an oil including THC Rule 11e below will apply.

·         Second and subsequent offenses: 5-10 day suspension or 3-6 days if on a Condensed Academic Term and required Tobacco Education class. Failure to complete tobacco education class will result in additional days of suspension for insubordination. Use, sale or distribution electronic cigarettes (including but not limited to vape pens and devices such as Juuls) will result in a 10 day suspension or 6 days if on a Condensed Academic Term and required Tobacco Education class. Failure to complete tobacco education class will result in additional days of suspension for insubordination.  

e.         Illegal Drugs, Counterfeit or Synthetic Drugs: Including huffing materials (including the misuse of inhalants), Drug Paraphernalia (including but not limited to rolling papers, bongs, pipes and scales), and the misuse of chemical/material (organic or otherwise) that causes or is purported to cause a hallucinogenic/mind altering effect or might bring about a state of exhilaration, euphoria or of otherwise altering student’s mood or behavior.  

·         Under the Influence, Use or Possession of Illegal Drugs, Counterfeit or Synthetic Drugs, Huffing materials/inhalants, or other Chemical/material (organic or otherwise)

·         Elementary: 0-10 day suspension.

·         Secondary:

·         First Offense – 5-10 day suspension or 3-6 days if on a Condensed Academic Term.

·         Required drug/alcohol education class (failure to attend may result in additional days of suspension for insubordination).

·         Second and subsequent Offenses - 10 day suspension or 6 days if on a Condensed Academic Term. For secondary students, after the second offense the administration may make a recommendation for long-term suspension.

·         Required drug/alcohol education class (failure to attend may result in additional days of suspension for insubordination) 

·         Possession of drug paraphernalia

·         Elementary: 0-10 day suspension.

·         Secondary:

·         First Offense - 5-10 day suspension or 3-6 days if on a Condensed Academic Term.

·         Required drug/alcohol education class (failure to attend may result in additional days of suspension for insubordination).

·         Second and subsequent Offenses - 10 day suspension or 6 days if on a Condensed Academic Term. For secondary students, after the second offense the administration may make a recommendation for long-term suspension.

·         Required drug/alcohol education class (failure to attend may result in additional days of suspension for insubordination) 

·         Share/Sell/Distribute (Actual or Attempt) or possession with intent to distribute of Illegal Drugs, Counterfeit or Synthetic Drugs, Huffing materials/inhalants, or other Chemical/material (organic or otherwise) including the possession of a large quantity or of more than one individually wrapped package which will be considered evidence that the student intended to sell or distribute the substance.

·         Elementary and Secondary: 10 day suspension or 6 days if on a Condensed Academic Term. For secondary students, the administration may make a recommendation for long-term suspension.

·         Required drug/alcohol education class (failure to attend may result in additional days of suspension for insubordination)

·         Share/Sell/Distribute (Actual or Attempt) of drug paraphernalia.

·         Elementary and Secondary: 2-5 day suspension or 1-3 days if on a Condensed Academic Term.

·         Required drug/alcohol education class (failure to attend may result in additional days of suspension for insubordination) 

12. Insubordination: A student will obey the lawful direction of any authorized staff member or adult while in school, participating in a school activity, or on school property. All students are expected to behave in a respectful manner. This includes but is not limited to, complying with the direction or instruction of a staff member, not walking away from a staff member while being spoken to, and speaking to staff in an appropriate manner.

·         Please see school level rules for the consequence. 

13. Misrepresentation: A student will be honest and submit his/her own work.

a.       Cheating: Violating rules of honesty and Honor Codes, including but not limited to plagiarism or copying another student’s test or assignment is prohibited.

b.      Altering Report Cards or notes: Tampering with report cards, official passes, notes or other school documents in any manner, including changing grades or forging names to excuses is prohibited.

c.       False information: Making false statements, written or oral, to anyone in authority is prohibited.

·         Please see school level rules for the consequence. 

14. Nuisance Items: Students will not possess or use nuisance items including but not limited to: laser pointers, matches, cigarette lighters, empty shells, or other like items on school property as defined above. Nuisance items kept in locked private vehicles are exempt. No skateboards are allowed on campus at any time. All nuisance items will be immediately confiscated and returned to the parent where appropriate. Any nuisance item that results in property damage to the school system or individual will require restitution by the parents of the perpetrator. The District is not responsible for theft, loss or damage to any nuisance items brought onto school property.

·         Elementary and Secondary:

·         First Offense: Confiscate item and return only to parents.

·         Second and subsequent Offenses: 1-5 day suspension, 1-3 days for Condensed Academic Terms.  

15. Persistently Dangerous Students: Students, over the age of 14, will not engage in behavior that constitutes a clear threat to the safety of other students or employees as defined in North Carolina Law. Examples include, but are not limited to, multiple rule violations for assault, the sale or distribution of illegal drugs, gang related activities, possession of weapons, and inappropriate sexual behavior. A single act may be so severe as to fall within this rule. This rule also applies to students who are registered sex offenders (who will be constantly supervised while on school property, if allowed to attend any educational program). 

·          Violation of this section may result in a disciplinary reassignment, long-term suspension, 365-day suspension, or expulsion dependent upon the severity of the offense.  

16. Sexual Behavior/Graphic Materials: Students will not engage in any sexual activity or possess sexually graphic or violent materials on school property as defined above.            

a.         Indecent Exposure: Students will not expose private body parts on school property.

·         Elementary:

·         First Offense: 0-3 day suspension

·         Second and subsequent Offenses:  1-5 day suspension

·         Secondary:

·         First Offense: 1-5 day suspension, or 1-3 days suspension for Condensed Academic Terms.

·         Second and subsequent Offenses: 5-10 day suspension, or 3-6 days for Condensed Academic Terms. For secondary students, after the second offense the administration may consider a recommendation for a long-term suspension.

b.         Consensual Sexual Activity: Students will not engage in consensual sexual activity on school property. Consensual means all parties are willing participants in the activity.

·         Elementary and Secondary:

·         First Offense: 3-10 day suspension or 2-6 days for Condensed Academic Terms.

·         Second and subsequent Offenses: 5-10 day suspension, or 3-6 days for Condensed Academic Terms. For secondary students, after the second offense the administration may consider a recommendation for a long-term suspension.           

c.         Sexual Assault/Battery: Students will not engage or attempt to engage in sexual activity with another person by force, threat or fear.

·         Elementary and Secondary: 5-10 day suspension, or 3-6 days for Condensed Academic Terms. For secondary students, the administration may make a recommendation for long-term suspension. The principal will refer to school counselor and contact parent.           

d.         Possession of Pornographic, Profane and/or Violent Material: Students will not possess or access any pornographic, profane, sexually explicit or graphically violent materials, including but not limited to pictures, magazines, drawings, websites, email or text messages, images, or sexually explicit or graphically violent materials (including documents or instructions concerning the creations and/or use of a weapon).

·         Elementary: 0-3 day suspension

·         Secondary:

·         First Offense: 3-5 day suspension, or 2-3 days for Condensed Academic Terms.

·         Second and subsequent Offenses: 10 day suspension, 6 days for Condensed Academic Terms. For secondary students, after the second offense the administration may consider a recommendation for a long-term suspension. 

17. Sexual Harassment: Students will not engage in behavior which sexually harasses another person on school property. Prohibited behavior includes but is not limited to the following conduct committed against another student, a staff member or any adult in the school:

1.      Any “unwelcome” contact of a sexual nature with another’s body.

2.      Any suggestive comments, propositions or gestures.

3.      Any sexually provocative commentaries about the body.

4.      Any suggestive writings, artworks, or notes.

5.      Any slurs or innuendos. 

·         Elementary and Secondary:

·            First Offense: 3-5 day suspension, 2-3 days for Condensed Academic Terms and counseling at the school level.

·         Second and subsequent Offenses, when two or more students are engaged in this type of behavior against another person or when one student engages in this type of behavior against multiple persons: 10 day suspension, 6 days for Condensed Academic Terms. For secondary students, the administration may consider a recommendation for a long-term suspension.

 The UCPS Title IX Coordinator and law enforcement shall be notified. 

18. Student Dress: A student will maintain personal attire that promotes safety, health, acceptable standards of social conduct, and is not disruptive to the educational environment. This includes student clothing that materially and substantially disrupts classes or school activities, including but not limited to gang-related articles of clothing. Please see the dress code at your school.

·         Please see school level rule for consequences.

19. Act of Terror/Bomb Threats: Students will not engage in any of the following:

·         make, aide, conspire, and/or abet in making a terrorist threat or perpetrating a terrorist hoax against school district property by making a false report that a device, substance, or material designed to cause harmful or life-threatening illness or injury to another person is located on school property as defined above, or possessing, bringing onto school property, concealing, placing, disseminating, or displaying (or threatening any of the above) a device, machine, instrument, artifact, letter, package, material, or substance on school property as defined above with the intent to cause others to believe the device is a substance or material capable of causing harmful or life-threatening illness or injury to another person regardless of whether the student intends to or has the means to carry out the threat; 

·         threaten to commit on school property as defined above an act of terror that is likely to cause death, with the intent to cause a significant disruption to the instructional day or school-sponsored activity which actually causes such disruption (this includes but is not limited to making a bomb threat); or

·         make a report, knowing or having reason to know the report is false, that there is about to occur or is occurring on school property as defined above an act of terror that is likely to cause serious injury or death, with the intent to cause a significant disruption to the instructional day or school-sponsored activity or which actually causes such disruption (this includes but is not limited to making a bomb threat);

·         perpetrate a bomb hoax by concealing, placing, or displaying any device on school system property or at a school system event, so as to cause any person reasonably to believe the same to be a bomb or similar device intended to cause injury to persons or property; or

·         threaten to commit an act of mass violence on school property or at a school system event, regardless of whether the student intends to or has the means to carry out the threat;

·         make a report, knowing or having reason to know the report is false, that an act of mass violence is going to occur on school property or at a school system event;

·         make a report, knowing or having reason to know the report is false, that a device, substance, or material designed to cause harmful or life threatening injury to another person is located on school system property or at a school system event;

·         conceal, place, disseminate, or display on school system property or at a school system event any device, substance, or material, so as to cause a reasonable person to believe the same to be a weapon of mass destruction or to be intended to cause harmful or life-threatening illness or injury to another person; or

·         Conspire to commit any of the above-described acts.

·         Elementary and Secondary: 10 day suspension or 6 days if on a Condensed Academic Term. For secondary students, the administration may consider a recommendation for a long-term suspension.

No student may knowingly or willfully cause, encourage, or aid another student to make or engage in any of the activities defined under Rules 8 or 19 (False Alarm and Bomb Threats). Any student who becomes aware that another student or other person intends to violate either of these rules must notify a teacher or administrator immediately. 

·         Failure to do so may result in disciplinary action up to and including a maximum of 10 days of suspension or 6 days for Condensed Academic Terms. 

20. Theft/Robbery: Students will not steal the property of the school, school employees, students or any other person. Theft is the taking of someone else’ property and robbery requires the use of force or threat of violence.

·         Elementary: 0-5 day suspension for theft and 3-10 for robbery

·         Secondary: 0-10 day suspension or 0-6 days if on a Condensed Academic Term for theft and 5-10 days or 3-6 if on a Condensed Academic Term for robbery. For secondary students, after the second offense of theft or the first offense of robbery where violence is involved the administration may make a recommendation for a  long-term suspension.                                                                                                                                                                                                                                                                                                                                                                                                                                                                            

21. Trespassing/Breaking and Entering: A student will not enter school property or a school facility without proper authority. This rule includes entering any school during a period of suspension.

·         Elementary: 0-5 day suspension

·         Secondary: 0-10 day suspension or 0-6 days if on a Condensed Academic Term. For secondary students, after the second offense the administration may make a recommendation for a long-term suspension.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                

22. Unauthorized Use of Technology: A student shall refrain from the inappropriate use of district owned technology or from using the district provided electronic communications and wireless connection network without proper authority. This includes authorized use of sign on/log in codes and unauthorized attempts to contact any district computer site from any computer. Violations of other rules through the unauthorized use of technology will be considered under both rules. Repeated violations of this rule may result in technology privileges being limited or removed.

• Elementary: 0-5 day suspension
• Secondary: 0-10 day suspension or 0-6 days if on a Condensed Academic Term.

23. Weapons (not including firearms and destructive devices/explosives): Students will not possess, handle, use, or transmit, whether concealed or open, any weapon, or any instrument that reasonably looks like a weapon (including toys) or could be used as a weapon and any object thrown from a bus. All weapons will be confiscated immediately and turned over to law enforcement. Weapons include all of the following:

Knife, including a pocket knife, bowie knife, box cutters and other types of utility blades, switchblade, dirk, dagger or machete; slingshot; leaded cane; blackjack; metal knuckles or nun-chucks; BB gun; air rifle or air pistol; blowgun, stun gun or other electric shock weapon (i.e. taser); ice pick; defensive sprays; razor or razor blade (except solely for personal shaving); mace, pepper spray, and other personal defense spray, nuclear, biological, or chemical weapons of mass destruction as defined in G.S. 14-288.21(c); compound bow or other archery equipment; live ammunition (shotgun shells, bullets, etc.), not used for instructional purposes and under the supervision of school staff; fireworks; and any sharp pointed or edged instrument except unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance. 

This section does not apply to students who are members of the Reserve Officer Training Corps (ROTC) and who are required to carry arms or weapons in the discharge of their official class duties; nor does this apply to weapons used in school-approved instruction or ceremonies.

 The school administration will consider if the student delivered or reported the firearm or destructive device/explosive as soon as practicable to a law enforcement officer or a school employee as a mitigating factor. 

·         Possession: 

·         Elementary: Regardless of the manner in which received and the length of time the weapon is possessed: 0-10 day suspension

·         Secondary: Regardless of the manner in which received and the length of time the weapon is possessed: 3-10 day suspension or 2-6 days if on a Condensed Academic Term.           

·         Use of weapon:

·         Elementary and Secondary: 5-10 day suspension and 3-6 if on a Condensed Academic Term. For secondary students, the administration may consider a recommendation for a long-term suspension.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         

24. Vandalism: Students will not vandalize property owned by the school system, school staff or other students.

·         Elementary: 0-5 day suspension

·         Secondary: 0-10 day suspension or 0-6 days if on a Condensed Academic Term. For secondary students, after the second offense the administration may make a recommendation for a long-term suspension.

CODE OF STUDENT CONDUCT

Student and Parent Acknowledgement and Pledge

The Code of Student Conduct has been developed to help your child receive quality instruction in an orderly educational environment. The school needs your cooperation in this effort. Therefore, please (1) review and discuss the Code of Student Conduct with your child and (2) sign and return this sheet to your child’s school. Should you have any questions when reviewing the Code of Student Conduct, please contact your child’s school principal. You may access an electronic copy of the handbook on the UCPS website: www.ucps.k12.nc.us. You may also access a paper copy at your child’s school.

NOTE: FAILURE TO RETURN THIS ACKNOWLEDGEMENT AND PLEDGE WILL NOT RELIEVE A STUDENT OR THE PARENT/GUARDIAN FROM BEING RESPONSIBLE FOR KNOWING OR COMPLYING WITH THE RULES CONTAINED WITHIN THE CODE OF STUDENT CONDUCT.

I have reviewed the Code of Student Conduct, and I understand the rights and responsibilities contained therein.

Parent: _______________________________________________________________________

To help keep my school safe, I pledge to adhere to the guidelines established within the Code of Student Conduct.

Student: ______________________________________________________________________

Date: __________________________________________

I. Introduction

One of the goals of the Union County Public Schools is to provide a safe, orderly, and caring learning environment for all students and staff. The Union County Public Schools have determined that gangs and gang-related activities materially and substantially interfere with the requirements of appropriate discipline in the operation of schools. Therefore, principals shall work with the schools’ Site-based Management Team to develop prevention and intervention strategies to discourage gangs and gang-related activities. Such strategies and interventions may include support groups, counseling programs, and extra-curricular activities, or other initiatives, as deemed appropriate by the Site-based Team.

No student shall commit any act that furthers gangs or gang-related activities.

II. Definitions

A. Gang: A gang is any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of criminal acts and/or violations of school policy and having a common name and/or common identifying signs, colors, or symbols.

B. Gang Related Activity: any conduct that is prohibited by another Board policy and is engaged in by a student on behalf of an identified gang or as a result of the student’s gang membership; or any conduct engaged in by a student to perpetuate, proliferate, or display the existence of any identified gang.

III. Conduct prohibited by this policy includes:

1. Wearing, possessing, distributing, displaying, or selling any clothing, jewelry, emblems, badges, symbols, signs or other items which indicate a student’s membership or affiliation with a gang.

• If the principal determines by a reasonable suspicion that any of the items indicated above are gang-related, the principal can ban the wearing or display of such items after giving verbal and written notice to students.

2. Communicating either verbally or non-verbally (gestures, handshakes, slogans, drawings, etc.), to convey membership or affiliation in a gang;

3. Tagging or otherwise defacing school or personal property with gang-related graffiti, symbols or slogans;

4. Extortion or requiring payment of anything of value for “protection”, “insurance”, or threats, intimidation or other gang-related activities involving any persons(s).

5. Inciting other students to intimidate or to act with physical violence upon any other person related to gang activity;

6. Soliciting others for gang membership; or

7. Committing any other illegal act or other violation of school district policies that relates to gang activity.

IV. Notice of Prohibited Activity

Schools

The Superintendent or designee shall consult with law enforcement officials to obtain information about gang-related activities, including but not limited to: gang names, gang leaders, gang symbols and gang behaviors. This information shall be shared with principals. Principals shall notify faculty, parents, and students of the gangs, their symbols and behaviors prohibited by this policy.

V. Guidelines for Discipline

If gang-related activity is associated with another act of misconduct, evidence of gang activity shall be considered an aggravating factor and may result in a recommendation for long-term suspension, even for first offenses. In addition, law enforcement will be notified.

1. For a first offense, a student will receive a warning when he/she violates this policy, unless the student also violates another provision of the Student Code of Conduct at the same time. Parent notification is required. School based interventions will be initiated at this time. In situations where a violation of this policy occurs in conjunction with a violation of another provision of the Student Code of Conduct, the violation of this policy will be considered an aggravating factor.

2. For a second offense of this policy, students will be suspended out of school for 3 – 5 days (2 – 3 days for Condensed Academic Terms) dependent upon the nature and severity of the violation. Parent notification is required with a warning that a third such violation will result in recommendation for long-term suspension.

3. For a third violation/subsequent offense of this policy, students will be suspended out of school for 10 days (6 days for Condensed Academic Terms) and the principal may consider a recommendation for long-term suspension.

Union County Public Schools staff will receive training on how to recognize gangs, their symbols and activities at least annually or more often, as deemed appropriate by the Superintendent.

The Board requires all students to meet the eligibility requirements for school admission established by the State and the Board, including age. Any parent or legal guardian who is unclear whether age requirements are met is encouraged to contact the Superintendent’s office or the elementary school that the child is likely to attend.

1. the child reaches or reached the age of five (5) on or before August 31 of that school year; or

2. the child resided in another state and was attending school during that school year in accordance with that state’s laws or rules prior to moving to North Carolina. (The child does not need to reach the age of five (5) on or before August 31 in this circumstance.) This includes students who enroll in school under the Interstate Compact on Educational Opportunity for Military Children.

3. Students who enroll in school under the Interstate Compact on Education Opportunity for Military Children who did not reach the age of five on or before August 31 of that school year, but would be eligible to attend school during that school year in another state in accordance with the laws or rules of that state, and if all of the following apply:

a. The child’s parent is a legal resident of North Carolina who is an active member of the uniformed services assigned to a permanent duty station in another state;

b. The child’s parent is the sole legal custodian of the child;

c. The child’s parent is deployed for duty away from the permanent duty station; and

d. The child resides with an adult who is a domiciliary of a local school administrative unit in North Carolina as a result of the parent’s deployment away from the permanent duty station.

B.     Discretionary Enrollments

1. the child is presented for enrollment after the first 120 days of a school year and meets one of the circumstances specified above for entitlement to initial entry; or

 

2. the child reached the age of four (4) on or before April 16; and the child is presented for enrollment no later than the end of the first month of the school year; and the principal of the school finds, based on information submitted by the child’s parent or guardian, that the child is gifted and that the child has the maturity to justify admission to school. In making such a determination, the principal will follow guidelines established by the State Board of Education. This local Board regards admission of a four- (4) year old to be an extraordinary measure.

 

The Board requires all students to meet the eligibility requirements for school admission established by the State and the Board, including immunization. The principal or designee shall maintain on file immunization and health assessment records for all students, and these records may be inspected by officials of the county or state health departments in accordance with state and federal law. Each school principal shall file required reports with the Department of Health and Human Services and the Department of Public Instruction.

Immunization

Within 30 calendar days of their first day of attendance in the school system, all pupils must show evidence of age appropriate vaccination in accordance with state law and regulation, including the following: DTaP (diphtheria, tetanus and pertussis), whooping cough, red measles, German measles (rubella), Hib (Haemophilus Influenza Type B), mumps, Hepatitis B, varicella (chicken pox), and poliomyelitis (polio) and any other vaccine as required by law or regulation. The current required vaccination schedule is available from the NC Immunization Branch online at http://www.immunize.nc.gov/.

For students entering the seventh grade or who have reached the age of 12, whichever comes first, a booster dose of Tdap vaccine and the meningococcal conjugate vaccine (MCV) are required if not previously administered. All students entering the twelfth grade or who have reached age 17 are required to receive a booster dose of MCV, unless the first dose was administered on or after the student’s 16th birthday. Such evidence must be shown in the form of a certificate furnished by a licensed physician or by the health department. A student who received immunizations in a state other than North Carolina must present an official certificate that meets the immunizations requirements of G.S. 130A-154(b).

Principals are required to refuse admittance to any child whose parent or guardian does not present a medical certification of proper immunizations within the allotted time. If, following approved medical practice, the administration of a vaccine requires more than 30 calendar days to complete, upon certification of this fact by a physician, additional days may be allowed in order to obtain the required immunizations. Exceptions to the immunization requirements will be made only for religious reasons or for medical reasons approved by a physician pursuant to state law and regulation.

Health Assessment/Vision Screening

Within 30 calendar days of the first day of school entry, all kindergarten students and, beginning with the 2016-17 school year, all students entering public schools for the first time, regardless of grade level, must furnish to the principal a document form that meets the requirements of state law indicating that the student has received a health assessment pursuant to G.S. 130A-440. A student who fails to meet this requirement will not be permitted to attend school until the required health assessment form has been presented. Such absences will not be considered suspensions, and the student will be given an opportunity to make up work missed during the absence as described below. The principal or designee shall, at the time of enrollment, notify the parent, guardian, or person standing in loco parentis that the completed health assessment form is needed on or before the child’s first day of attendance. The date the student’s health assessment form is received will be recorded in the student’s official record, and the form will be maintained on file in the school.

The assessment must include a medical history and physical examination with screening for vision and hearing and, if appropriate, testing for anemia and tuberculosis. The health assessment must be conducted no more than 12 months prior to the date of school entry. Exceptions to the health assessment requirement will be made only for religious reasons.

Vision screening must comply with the vision screening standards adopted by the former Governor’s Commission on Early Childhood Vision Care. Within 180 days of the start of the school year, the parent of the child must present to the principal or designee certification that within the past 12 months, the child has obtained a comprehensive eye examination performed by an ophthalmologist or optometrist or has obtained a vision screening conducted by a licensed physician, an optometrist, a physician assistant, a nurse practitioner, a registered nurse, an orthoptist or a vision screener certified by Prevent Blindness North Carolina.

Children who receive and fail to pass the required vision screening must obtain a comprehensive eye exam conducted by a duly licensed optometrist or ophthalmologist. The provider of the exam must present to the parent a signed transmittal form, which the parent must submit to the school. If a member of the school staff has reason to believe that a child enrolled in kindergarten through third grade is having problems with vision, the staff member may recommend to the child’s parent that the child have a comprehensive eye examination.

No child will be excluded from attending school solely for a parent’s failure to obtain a comprehensive eye exam. If a parent fails or refuses to obtain a comprehensive eye exam or to provide the certification of a comprehensive eye exam, school officials shall send a written reminder to the parent of required eye exams.

Principals are required to refuse admittance to any child whose parent or guardian does not present a birth certificate or other satisfactory proof of date of birth and/or parents’ names, a medical certification of proper immunizations, and Health Assessment check within the allotted time. If, following approved medical practice, the administration of a vaccine requires more than 30 calendar days to complete, upon certification of this fact by a physician, additional days may be allowed in order to obtain the required immunizations.

Upon request, the teacher(s) of a student subject to an absence from school for failure to provide the health assessment form required by this section shall provide to the student all missed assignments, and to the extent practicable, the materials distributed to students in connection with the assignments. The principal or designee shall arrange for the student to take home textbooks and school-furnished digital devices for the duration of the absence and shall permit the student to take any quarterly, semester, or grading period examinations missed during the absence period.

Homeless Students

PART I

A. The Board discourages the use and administration of medication at school or at school-sponsored events and outings but realizes that sometimes it is necessary for the health of the student.

B. Unless otherwise indicated, the terms “medication” and “medicine” include any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease. The term includes all prescription medications and all such substances available over-the-counter without a prescription, such as drugs, herbs, alternative medicines, and supplements (hereinafter “over-the-counter drugs”). The administration of any prescription or over-the-counter drug to students by school employees is prohibited except when performed in accordance with Part II, Section A. The self-administration of any prescription or over-the- counter drug by students at school is prohibited and constitutes a violation of policy, except in the limited circumstances described below.

All medications that can be given outside school hours without adversely affecting the health of the student should not be administered at school during school hours. Reasonable efforts should be made by the parent or guardian to obtain physician permission to adjust the dosages of medication prescribed so it can be given at home before and/or after school hours.

C. Pursuant to N.C. Gen. Stat. § 115C-375.1, the Board authorizes teachers, substitute teachers, student teachers, instructional assistants, school secretaries and office personnel, guidance counselors, assistant principals, and principals to administer medications prescribed by a health care provider upon written request of a parent or guardian. Each principal will designate the person(s) responsible for giving medication at his/her school. The person(s) will receive annual training in safe, accurate medication administration procedures with the school nurse.

Students who are at risk for a medical emergency will have an Individual Health Plan on file in their cumulative folder with a copy kept in an accessible, central location, describing the nature of the problem and the intervention and equipment needed to manage such an emergency. The Individual Health Plan must be provided to and should be signed by the parent/guardian. All other supervisory personnel will be advised of the contents and implementation of the plan.

Please note that this provision only applies to administration of medications while in the District. If medication must be provided on field trip situations the school nurse should be consulted prior to finalizing the trip.

D. When medication is to be administered in school, school personnel shall communicate with the student's parent or guardian about its administration at school and explain the Board's policy and its procedures for the administration of medications at school.

E. The responsibilities of the parent or guardian are:

1. Obtain and return to school a medication consent form signed by the health care provider and parent/guardian for all medications to be administered at the school (including prescription and over the counter).

2. Medication shall be hand-delivered by the parent/guardian to the school in the original prescription bottle or the original over the counter packaging.

F. No medication may be administered by school personnel to students without the written authorization of the student's parents or guardian and a health care provider. However, oral approval may be accepted in an emergency, if:

1. It is determined to be in the best interests of the child;

2. The oral authorization is witnessed by two school employees;

3. A written record of the date, time, medication name, dosage, and frequency with the signatures of the witnesses, shall be made on the medication log; and

4. A written authorization is provided by the parent or guardian and a health care provider within 24 hours.

G. A locked storage area will be provided at each school for the storage of medication. Exceptions may be made for medication requiring refrigeration. A staff member appointed by the principal shall be responsible for the security and administration of medication. An alternative person shall be identified to fill in when needed.

H. A daily medication log shall be maintained by the trained designated individual for each student receiving medication. The individual shall record on the log the name of medication, date, dosage, and time of each administration. The log also shall reflect whether or not the medication was prescribed and whether it was "as scheduled" or "as needed". All controlled tablets/capsules received at school for students will be counted and the number will be recorded. School staff that are called upon to administer medication in unusual circumstances (ie. during testing, field trips, etc.) should meet with the nurse for instruction in handling medications before the specific event occurs.

I. All notes, forms and individual student logs will be kept together in the student's Individual Health Record. Short-term medication logs will be kept at the school for a period of three (3) years.

J. The school nurse will review the medication log and forms authorizing the administration of the medications at school periodically and will serve as a consultant to the school.

K. Change in dosage of medication can be made with a written note or fax from the health care provider. Consent Forms sent by fax are acceptable.

L. It is the intent of this policy to discourage students from bringing prescription and non-prescription drugs to school and administering such drugs to themselves without the assistance of school officials. Neither the Board of Education nor any of its employees are responsible for the improper self-administration of non-prescription or prescription drugs at school.

M. Except as permitted by this policy, No student can possess, use, sell, deliver, manufacture, or transmit any drug or counterfeit drug prohibited by Board policy, nor be under the influence of any drug in violation of policy. No medications will be sent home with children (exception: emergency medicines, i.e. epi pen, inhaler).

N. The school, its personnel and the Board shall assume no liability for complications or side effects of medication when administered in accordance with the instructions provided by the parent/guardian and health care provider. The Board further reserves the right for itself and its employees to refuse to administer medications when, in the opinion of the Superintendent in consultation with school nursing personnel, there is a substantial risk of harm to the student or others if medication is administered by school personnel. Such situations include but are not limited to non-FDA approved treatments and medications, “off-label” prescriptions (i.e., used of FDA-approved treatments and medications which are not FDA approved), treatments that cannot safely be delegated to non-licensed personnel, and treatments that require monitoring and/or lifesaving equipment.

O. The administration, including by parents, school employees, substitute teachers, or self-administration, of any substance containing cannabidiol (CBD) or tetrahydrocannabinol (THC) at school is prohibited unless (1) authorized by and administered by a caregiver in accordance with G.S. 90-94.1 and G.S. 90-113.101 for the treatment of intractable epilepsy, or (2) the CBD or THC product is available by prescription only and has been approved by the U.S. Food & Drug Administration (FDA); and all requirements of this Policy are met.

PART II.

Students who are at risk for medical emergencies, such as those with diabetes, asthma, or severe allergies, must have a health care plan developed for them to address emergency administration of medication.

A student with certain health conditions like diabetes, asthma or a student subject to anaphylactic reactions due to an allergy, may possess and self-administer asthma or another prescribed medication on school property during the school day, at school- sponsored activities, or while in transport to or from school or school-sponsored events as provided by N.C. Gen. Stat. § 115C-375.2 and this policy. As used in this policy, "medication" means a medicine prescribed for the treatment of diabetes, asthma or anaphylactic reactions and includes insulin or a source of glucose, a prescribed asthma inhaler or epinephrine auto-injector.

A. Pursuant to state law and this policy, the student’s parent or guardian is required to provide to the school:

1. Written authorization from the student’s parent or guardian for the student to possess and self-administer medication.

2. A written statement from the student’s health care practitioner verifying that the student has diabetes, asthma or an allergy that could result in an anaphylactic reaction, and that the health care practitioner prescribed medication for use on school property during the school day, at school- sponsored activities, or while in transit to or from school or school- sponsored events.

3. A written statement from the student’s health care practitioner who prescribed the medication that the student understands, has been instructed in self-administration of the medication, and has demonstrated the skill level necessary to use the medication and any device that is necessary to administer the medication.

4. A written treatment plan and written emergency protocol formulated by the health care practitioner who prescribed the medicine for managing the student’s diabetes, asthma or anaphylaxis episodes and for medication use by the student.

5. A statement provided by the school and signed by the student’s parent or guardian acknowledging that the Union County Public Schools and its employees and agents are not liable for an injury arising from a student’s possession and self-administration of asthma medication.

6. Any other items necessary to comply with State and federal laws.

B. The student must demonstrate to the school nurse, or the nurse’s designee, the skill level necessary to use the medication and any device that is necessary to administer the medication.

C. The student’s parent or guardian shall provide to the school backup medication that shall be kept at the student’s school in a location to which the student has immediate access in the event of an emergency.

D. Information provided to a school by the student’s parent or guardian shall be kept on file at the student’s school in a location easily accessible in the event of an emergency.

E. If a student uses medication prescribed for the student in a manner other than as prescribed and in violation of the Board's policies and administrative guidelines, a school administrator may impose on the student disciplinary action according to the Board's student discipline policies. A school administrator may not impose disciplinary action that limits or restricts the student's immediate access to the medication.

F. The requirement that permission granted for a student to possess and self- administer medication shall be effective the current school year and must be renewed annually.

G. Pursuant to N.C. Gen. Stat. § 115C-375.2, no local Board of Education, nor its members, employees, designees, agents, or volunteers, shall be liable in civil damages to any party for any act authorized by this subsection, or for any omission relating to that act, unless that act or omission amounts to gross negligence, wanton conduct, or intentional wrongdoing.

H. Written information maintained by the school or school personnel regarding a student's medical and health needs is confidential. Parents and students must be accorded all rights provided by the Family Educational Rights and Privacy

Act and state confidentiality laws. Any employee who violates the confidentiality of the records may be subject to disciplinary action.

I. Students with special needs will be afforded all rights provided by federal and state law as enumerated in the Procedures Governing Programs and Services for Children with Special Needs. Students with disabilities also will be accorded all rights provided by antidiscrimination laws, including Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act.

LEGAL REF.: Individuals with Disabilities Education Act, 20 U.S.C. 1400 et. seq.; Americans with Disabilities Act, 42 U.S.C. 12101; Family Educational Rights and Privacy Act, 20 U.S.C. 1232g; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; N.C.G.S. § 115C- 36, 375.1, et. seq.; N.C.G.S. § 115C-307; N.C.G.S. § 115C-375.1;
N.C.G.S. § 115C-375.2
CROSS REF.: 4-3, Student Discipline
4-3, Code of Student Conduct, Administrative Guidelines

UNION COUNTY BOARD OF EDUCATION
APPROVED: 5/3/94
REVISED: 8/3/99
REVISED: 3/7/00
REVISED: 2/7/06
REVISED: 5/11/10
REVISED: 5/5/15
REVISED: 10/4/16
REVISED: 7/10/18
REVISED: 1/9/20

Medications may be discontinued with a note or with verbal instructions from the student’s parent or guardian. The person receiving the verbal instructions should document them on the medication log sheet. If the medication is discontinued and then needs to be re-started at a later date, a new medication consent must be obtained.

Since discontinued controlled substances (i.e.: Ritalin, Adderal, Concerta, etc.) cannot be sent home with students, they will be kept at school for 2 weeks so that parents can pick them up.

If medications are not picked up in 2 weeks the school nurse may discard them flushing them down a toilet or sink. One other person should witness disposal of medications and co-sign under school nurse’s signature on medication log sheet as to the name and number of medications discarded.

The Board believes that all employees and students should be free of racism, unlawful discrimination, including harassment and bullying, as a part of a safe, orderly and inviting working and learning environment. It commits itself to non-discrimination in all its educational and employment activities. The Board expressly prohibits racism, unlawful discrimination, harassment, or bullying  however motivated, directed toward any person or group, including, but not limited to acts reasonably perceived as being motivated by any actual or perceived differentiating characteristic, such as race, color, religion, ancestry, national origin, gender socioeconomic status, academic status, gender identity, a physical appearance, sexual orientation, or mental, physical, developmental, or sensory disability, or by association with a person who has or is perceived to have one or more of these characteristics. 

The Board also prohibits retaliation against an employee, student or witness who has exercised any rights made available through state or federal law, including prohibiting retaliation for reporting violations of this policy.  

Any violation of this policy is considered serious and school officials shall promptly take appropriate action to address the violation. 

A.     Prohibited Behaviors 

Students, school system employees, volunteers, and visitors are expected to behave in a civil and respectful manner. The Board expressly prohibits racism, unlawful discrimination, harassment, and bullying by students, employees, Board members, volunteers, or visitors. “Visitors” include parents, other family members and individuals from the community, as well as vendors, contractors, and other persons doing business with or performing services for the school system. 

Students are expected to comply with the behavior standards established by Board policy and the Code of Student Conduct and school and classroom rules. Employees are expected to comply with Board policy, school system regulations and school rules. Volunteers and visitors on school property also are expected to comply with Board policy, school system regulations and established school rules and procedures. 

This policy applies to behavior that takes place: (1) in any school building or on any school premises before, during or after school hours; (2) on any bus or other vehicle as part of any school activity; (3) at any bus stop; (4) during any school-sponsored activity or extracurricular activity; (5) at any time or place when the individual is subject to the authority of school personnel; or (6) at any time or place when the behavior has a direct and immediate effect on maintaining order and discipline in the schools. 

2. DEFINITIONS 

            For the purposes of this policy, the following definitions will apply: 

1.                  Racism 

Racism means any belief that race is the primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race. 

2.                  Discrimination 

Discrimination means any act or failure to act, whether intentional or unintentional, that unreasonably and unfavorably differentiates treatment of others based solely on their membership in a socially distinct group or category, such as race, ethnicity, sex, pregnancy, religion, age, or disability.  

3.                  Harassment and Bullying 

a.                  Harassment or bullying behavior is deliberate conduct intended to harm another person or group of persons. Such conduct violates this policy when  any pattern of gestures or written, electronic, or verbal communications, or any physical act or any threatening communication: 

1)                  places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property; or 

2)                  creates or is certain to create a hostile environment by substantially interfering with or impairing a student’s educational performance, opportunities, or benefits or by adversely altering the conditions of an employee’s employment. 

“Hostile environment” means that the victim subjectively views the conduct as harassment or bullying and that the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is harassment or bullying. A hostile environment may be created through pervasive or persistent misbehavior or a single incident, if sufficiently severe.  

Harassment and bullying include, but are not limited to, behavior described above that is reasonably perceived as being motivated by any actual or perceived differentiating characteristic or motivated by an individual’s association with a person who has or is perceived to have a differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, physical appearance, sexual orientation, or mental, physical, developmental, or sensory disability. Examples of behavior that may constitute bullying or harassment include, but are not limited to, acts of disrespect, intimidation, or threats, such as verbal taunts, name-calling and put-downs, epithets, derogatory comments or slurs, lewd propositions, exclusion from peer groups, extortion of money or possessions, implied or stated threats, assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons. Harassment and bullying may occur through electronic means (“cyberbullying”), such as through the Internet, emailing, or text messaging, or by use of personal websites to support deliberate and repeated behavior intended to cause harm to persons or groups. Legitimate age-appropriate pedagogical techniques are not considered harassment or bullying. 

Harassment, including sexual or gender-based harassment, as described below, is not limited to specific situations or relationships. It may occur between fellow students or co-workers, between supervisors and subordinates, between employees and students, or between non-employees, including visitors, and employees or students. Harassment may occur between members of the opposite sex or the same sex. 

Sexual harassment is a form of harassment that violates this policy. For a detailed definition and procedures to address complaints related to sexual harassment, refer to Policy 4-7a Sexual Harassment (Students).  

b.                  Gender-based harassment is also a type of harassment. Gender-based harassment may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping but not involving conduct of a sexual nature. 

3. REPORTING AND INVESTIGATING COMPLAINTS OF DISCRIMINATION, HARASSMENT, OR BULLYING

Any person who believes that he or she has been discriminated against, harassed, or bullied in violation of this policy by any student, employee, or other person under the supervision and control of the school system, or any third person who knows or suspects conduct that may constitute discrimination, harassment, or bullying, should inform a school official designated to receive such complaints, as described in policy 3-7b Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Employees.  

Any employee who has witnessed, or who has reliable information that another person may have been subjected to discrimination, harassment, or bullying in violation of this policy must report such conduct. Employees who observe an incident of harassment or bullying are expected to intervene to stop the conduct in situations in which they have supervisory control over the perpetrator and it is safe to do so. If an employee knows of an incident involving discrimination, harassment, or bullying and the employee fails to report the conduct or take proper action or knowingly provides false information in regard to the incident, the employee will be subject to disciplinary action up to, and including, dismissal. 

D. RESPONDING TO OCCURRENCES OF DISCRIMINATION, HARASSMENT, OR BULLYING 

1.      Consequences for the Perpetrator 

a.      Disciplinary Consequences for Students 

Students will be disciplined in accordance with the Code of Student Conduct. Based on the nature and severity of the offense and the circumstances surrounding the incident, the student will be subject to appropriate consequences and remedial actions ranging from positive behavioral interventions up to, and including, expulsion. In addition, the violation may also be reported to law enforcement, as appropriate. 

Incidents of misbehavior that do not rise to the level of discriminatory harassment or bullying may violate acceptable standards of student behavior, including, but not limited to, the expectation that students will demonstrate civility and integrity in their actions and interactions with others. The consequences for such behavior will be consistent with applicable Board policy and the Code of Student Conduct. This policy will not be construed to allow school officials to punish student expression or speech based on undifferentiated fear or apprehension of a disturbance or out of a desire to avoid the discomfort and unpleasantness that may accompany an unpopular viewpoint. 

b.      Disciplinary Consequences for Employees 

Employees who violate this policy will be subject to disciplinary action up to, and including, dismissal. In addition, the violation may also be reported to law enforcement, as appropriate. Nothing in this policy will preclude the school system from taking disciplinary action against an employee when the evidence does not establish racism, unlawful discrimination, harassment, or bullying, but the conduct otherwise violates Board policy or expected standards of employee behavior. 

c.       Consequences for Other Perpetrators 

Volunteers and visitors who violate this policy will be directed to leave school property and/or reported to law enforcement, as appropriate. A third party under the supervision and control of the school system will be subject to termination of contracts/agreements, restricted from school property, and/or subject to other consequences, as appropriate. 

2.      Consideration of Need for More Extensive Response 

School administrators shall consider whether the misconduct warrants more than just a response at the individual level. Given the nature and severity of the misconduct, the administrators may determine that a classroom, school-wide, or school system-wide response is necessary. Such classroom, school-wide, or school system-wide responses may include additional staff training, harassment and bullying prevention programs, and other measures deemed appropriate by the Superintendent to address the behavior. The actions taken must be reasonably calculated to end the behavior, eliminate a hostile environment and its effects if one has been created, and prevent recurrence of the behavior. 

3.      Retaliation Prohibited 

The Board prohibits reprisal or retaliation against any person for (a) reporting or intending to report violations of this policy, (b) supporting someone for reporting or intending to report a violation of this policy, or (c) participating in the investigation of reported violations of this policy. 

After consideration of the nature and circumstances of the reprisal or retaliation and in accordance with applicable federal, state, or local laws, policies, and regulations, the Superintendent or designee shall determine the consequences and remedial action for a person found to have engaged in reprisal or retaliation. 

4.   Investigations 

All complaints shall be investigated beginning within 48 hours of receiving the complaint, and shall be completed in a timely manner. 

E. TRAINING AND PROGRAMS 

The Board directs the Superintendent to establish training and other programs that are designed to prevent help eliminate racism, unlawful discrimination, harassment, and bullying and to foster an environment of understanding and respect for all members of the school community. Information about this policy and the related complaint procedure must be included in the training plan. As funds are available, the Board will provide additional training for students, employees, and volunteers who have significant contact with students regarding the Board’s efforts to address discrimination, harassment, and bullying and will create programs to address these issues. The training or programs should (1) provide examples of behavior that constitutes discrimination, harassment, or bullying; (2) teach employees to identify groups that may be the target of discrimination, harassment, or bullying; and (3) train school employees to be alert to locations where such behavior may occur, including locations within school buildings, at school bus stops, on cell phones, and on the Internet. 

F.   COORDINATORS 

The Superintendent or his/her designee will publish the names, addresses, and phone numbers of the “Title IX Coordinator” (for sex discrimination), “Section 504 Coordinator” (for unlawful discrimination on the basis of disability), and the “ADA Coordinator” (also for unlawful discrimination on the basis of disability) in a manner intended to ensure that employees, applicants, students, parents, and other individuals who participate in school district’s program are aware of the coordinators. The purpose of the coordinator positions is to provide additional protection of non-discrimination rights. The coordinator must either (1) implement a resolution to racism, unlawful discrimination, harassment, or bullying complaint, to the extent a resolution can be reached and the coordinator has the authority to implement corrective action or (2) notify the Superintendent that intervention by other school officials is required to resolve the situation. 

G. RECORDS AND REPORTING 

The Superintendent or his/ her designee shall maintain confidential records of complaints or reports of unlawful discrimination which identify the names of any individuals accused of unlawful discrimination and the resolution of such reports or complaints. The Superintendent also shall maintain records of training, corrective actions, and/or other steps taken by the district to help provide an environment free of racism, unlawful discrimination, harassment and bullying. 

The Superintendent shall report to the State Board of Education all verified cases of racism, unlawful discrimination, harassment, or bullying. The report will be made through the Discipline Data Collection Report or through other means required by the State Board.               

H. DIVERSITY PROGRAMS 

The Board is committed to promoting the worth and dignity of all individuals regardless of race, color, religion, national origin, sex, pregnancy, age, or disability. The Board directs the Superintendent to establish training and other programs to help eliminate racism, unlawful discrimination, harassment, and bullying and to foster an environment of understanding and respect for all individuals. 

I.    EVALUATION 

The Superintendent is required to evaluate the effectiveness of efforts to correct or prevent racism, unlawful discrimination, harassment, and bullying and will share these evaluations periodically with the Board. 

NOTICE

The Superintendent is responsible for providing effective notice to students, parents, and employees of this policy and of the procedures for reporting and investigating complaints of discrimination, harassment, and bullying. The Superintendent must ensure that each school principal provides a copy of this policy and policy on complaints to students, employees, and parents or other responsible care givers at the beginning of each school year. In addition, both policies must be posted on the school system website, and copies of the policies must be readily available in the principal’s office, the media center at each school, and the Superintendent’s office. Notice of the policies must appear in all student and employee handbooks and in any school or school system publication that sets forth the comprehensive rules, procedures, and standards of conduct for students and employees.

LEGAL REF.:          Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., 34 C.F.R. pt. 100; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C § 1681 et seq., 34 C.F.R. pt. 106; Equal Employment Opportunity Commission’s “Final Amended Guidelines on Discrimination Because of Sex”; Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 621 et seq.: The Rehabilitation Act of 1973, 29 U.S.C. 701 et seq; the Americans With Disabilities Act, 42 U.S.C. 12134, 28 C.F.R, pt 35; Office of Civil Rights, Sexual Harassment Guidance: Harassment of Student by School Employees, Students or Third Parties, 62 Fed. Reg. 12,034 (1997); Office of Civil Rights, Racial Incidents and Harassment Against Students at Educational Institutions; Investigative Guidance, 59 Fed. Reg. 11,448 (1994); G.S. 126-16; Boy Scouts of America Equal Access Act, 20 U.S.C. 7905, 34 C.F.R. pt. 108; Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, U.S. Department of Education, Office for Civil Rights (2001); Notice of Non-Discrimination, U.S. Department of Education, Office for Civil Rights (2010); Dear Colleague Letter, U.S. Department of Education, Office for Civil Rights, (October 26, 2010), available at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf; Dear Colleague Letter, U.S. Department of Education, Office for Civil Rights, (April 4, 2011) available at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf; Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998); G.S. 115C-335.5, -407.15 through -407.18; 126-16; State Board of Education Policy HRS-A-000

CROSS REF.:           Board Policy 3-7a, Sexual Harassment (Employees)

Board Policy 3-7b, Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Employees

Board Policy 3-10, Grievance Procedure for Employees

Board Policy 4-3, Student Discipline

4-3, Code of Student Conduct, Administrative Guidelines

Board Policy 4-7a, Sexual Harassment (Students)

Board Policy 4-7b, Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Students

Board Policy 1-18, Grievances, Complaints and Appeals 

UNION COUNTY BOARD OF EDUCATION

APPROVED:             4/20/04

REVISED:                 3/1/05

REVISED:                 1/5/10

REVISED:                 1/6/15

REVISED:                 2/2/16

REVISED:                 10/2/18

REVISED:                 8/4/20

The Board acknowledges the dignity and worth of all students and employees and strives to create a safe, orderly, caring, and inviting school environment to facilitate student learning and achievement. The Board will not tolerate sexual harassment in the education program and activities of the school system.  The Board takes seriously all reports and formal complaints of sexual harassment.  

Individuals who believe they have been subjected to sexual harassment prohibited by this policy, have witnessed, or have reliable information that another person has been subjected to sexual harassment prohibited by this policy should use the process provided below.  

The Board also provides a grievance process that is designed to achieve prompt and equitable resolution of formal complaints of sexual harassment through a formal investigation and adjudication of the allegations in the complaint or through informal resolution processes. Affected individuals are encouraged to report sexual harassment in accordance with the process below before filing a formal complaint to initiate the grievance process. 

A.                Prohibited Behavior 

The Board expressly prohibits sexual harassment by students, employees, Board members, volunteers, or visitors. “Visitors” includes, but is not limited to, parents, family members, community members, vendors,  and contractors.   

Sexual harassment prohibited under Title IX and by this policy is conduct on the basis of sex occurring in a school system education program or activity that satisfies one or more of the following: 

1.                  an employee of the school system conditioning the provision of an aid, benefit, or service of the school system on an individual’s participation in unwelcome sexual conduct; 

2.                  unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school system’s education program or activities.  This determination requires consideration of all the facts and circumstances, including, but not limited to, the ages and disability statuses of the harasser and the victim and the number of individuals involved and their authority; 

3.                  sexual assault including rape, statutory rape, fondling, and incest; 

Sexual assault. A sexual assault is any one of the following offenses:

a.      Rape is the penetration of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. 

b.      Statutory rape is sexual intercourse with a child 15 years of age or younger and the perpetrator is at least 12 years old and more than four years older than the victim. 

c.       Fondling is the touching, underneath the clothing, of a person’s genitalia, anus, buttocks, or breasts without the consent of the victim for purposes of sexual gratification. 

d.      Incest is sexual intercourse between: (i) grandparent and grandchild; (ii) parent and child/stepchild/legally adopted child; (iii) siblings of half or full blood; or (iv) uncle or aunt and nephew or niece. 

4.                  dating violence (violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship is determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.); 

5.                  domestic violence (violence committed by: a current or former spouse or intimate partner of the victim; a person with whom the victim shares a child in common; a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; a person who is the parent or child of the victim, including others acting in loco parentis to a minor child; a person who is the grandparent or grandchild of the victim; a person who is a current or former member of the victim’s household; a person who is of the opposite sex of, and lives or has lived with, the victim; or a person who is of the opposite sex of, and is or was in a dating relationship with, the victim.); or 

6.                  stalking (engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for personal safety or the safety of others or suffer substantial emotional distress). 

Consent. Where lack of consent is an element of the offense, the following definition applies: Consent is informed, freely and affirmatively given through mutually understandable words or actions that indicate a willingness to participate in the sexual activity.  Consent can be withdrawn at any time.  There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used.  Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent.  Silence or absence of resistance does not imply consent.  Consent to one type of sexual activity does not amount to consent to another type of activity.  Prior consent or sexual relations with the same person do not imply future consent.  The fact that both people are in a relationship does not, by itself, establish consent.  A person cannot consent if they are unconscious, asleep, or impaired to the extent that they do not understand what is going on.  Minors under the age of 16 are incapable of giving consent to sexual activity with a person more than four years older than the minor.  Consent may never be given by mentally disabled persons if their disability was reasonably knowable to a sexual partner who is not mentally disabled.  Consent between parties engaging in sexual activity does not prevent the school system from taking disciplinary action against the parties for violation of any other board policy. 

Conduct that satisfies this standard is not sexual harassment for purposes of this policy if the conduct occurred (1) outside the United States or (2) under circumstances in which the school system did not have substantial control over both the harasser and the context in which the harassment occurred.   

All references to “sexual harassment” in this policy mean sexual harassment that meets this definition. Examples of conduct on the basis of sex that would be considered sexual harassment if the conduct satisfies the criteria above include, but are not limited to: unwelcome sexual advances; requests for sexual favors; and other verbal or physical conduct of a sexual nature, such as deliberate, unwelcome touching that has sexual connotations or is of a sexual nature; suggestions or demands for sexual involvement accompanied by implied or overt promises of preferential treatment or threats; pressure for sexual activity; continued or repeated offensive sexual flirtations, advances, or propositions; continued or repeated verbal remarks about an individual’s body; sexually degrading words used toward an individual or to describe an individual; sexual assault; sexual violence; the display of sexually suggestive drawings, objects, pictures, or written materials; posting sexually suggestive pictures of a person without the person’s consent; and forwarding pornographic material depicting a classmate or other member of the school community. Acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping but not involving conduct of a sexual nature may also constitute sexual harassment. 

Conduct that is determined not to meet the definition above may violate other Board policies or established standards of conduct and will be treated accordingly. For example, conduct that does not meet the definition of Title IX sexual harassment above may nevertheless violate other Board policies. Nothing in this policy is intended to limit discipline for violation of other Board policies when appropriate and consistent with law. 

B.                 Definitions 

The following additional definitions apply in this policy. 

1.                  Report. A report is an oral or written notification that an individual is an alleged or suspected perpetrator or victim of sexual harassment. Making a report initiates the interactive process with the complainant described below. No disciplinary action will be taken against a respondent for sexual harassment based on a report alone. 

2.                  Formal Complaint. A formal complaint is a document signed and filed with the Title IX coordinator by a complainant or signed by the Title IX coordinator alleging sexual harassment against a respondent and requesting that school officials investigate the allegation(s). Filing a formal complaint initiates the grievance process set below in the Title IX Sexual Harassment Grievance Process. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activities of the school system.  

3.                  Complainant. The complainant is the individual(s) who is alleged to be the victim of conduct that could constitute sexual harassment. 

4.                  Respondent. The respondent is the individual(s) who has been reported to be the perpetrator of conduct that could constitute sexual harassment. 

5.                  Grievance Process. Grievance process is the process for investigating and reaching a final determination of responsibility for a formal complaint of sexual harassment.  

6.                  Title IX Coordinator. The Title IX coordinator is a school official who is designated to coordinate the school system’s response to sexual harassment and allegations of sexual harassment. Contact information for the Title IX coordinator is posted on the school system’s website.   

7.                  Supportive Measures. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the school system’s education program and activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the school system’s educational environment, or deter sexual harassment.  

Supportive measures available to the parties include, but are not limited to, counseling, mental health services referral, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring, and other similar measures determined by school officials to be necessary to protect the safety or educational or employment activities of a party. 

8.                  Days. Days are calendar days unless specified otherwise. 

9.                  Student(s). “Student(s)” means the student and/or the student’s parent or legal guardian unless the context clearly indicates otherwise. When the complainant or respondent is a student, references to those terms also include the student’s parent or legal guardian unless the context clearly indicates otherwise. 

10.              Actual Knowledge. “Actual knowledge” means a school employee has notice of sexual harassment or allegations of sexual harassment.  

C.                Reporting Sexual Harassment 

1.                  Student Reports 

Any student who believes he or she is a victim of sexual harassment occurring in the school system’s education programs or activities is encouraged to report the matter to the student’s principal or to the Title IX coordinator. Reports may also be made to a teacher, counselor, assistant principal, teacher assistant, or any other school employee.  Students may also report sexual harassment through the tip line, but school officials may be limited in their ability to respond if the report is anonymous and does not identify the complainant. 

2.                  Mandatory Reporting by School Employees and Board Members  

Any employee or member of the Board who has actual knowledge of sexual harassment or allegations of sexual harassment occurring in the education program or any activity of the school system must report that information immediately to the Superintendent or Title IX Coordinator.  

Any of the following confers “actual knowledge” and must be reported immediately: 

a.                  a report of sexual harassment from a student or other person; 

b.                  the employee or Board member witnesses conduct that is or reasonably could be sexual harassment; or 

c.                   the employee or Board member discovers evidence of sexual harassment, such as sexualized graffiti on school property, or otherwise has reliable information or reason to believe that a student, employee, or other individual may have been sexually harassed in violation of this policy, even if no one has reported the sexual harassment. 

Employees who observe an incident of harassment are expected to intervene to stop the conduct in situations in which they have supervisory control over the perpetrator, and it is safe to do so. An employee with actual knowledge of possible sexual harassment in violation of this policy who does not promptly report the conduct and/or take proper action as required by this subsection, or who knowingly provides false information about the incident, will be subject to disciplinary action, up to and including dismissal.  

Any doubt about whether particular conduct is possible sexual harassment must be resolved in favor of reporting the conduct. 

3.                  Reporting by Others 

All other members of the school community are strongly encouraged to report any act that may constitute an incident of sexual harassment in violation of this policy to the school principal, the Title IX coordinator, or the Superintendent. 

4.                  Content of the Report 

To the extent possible, reports should be sufficient to put school officials on notice of conduct that could constitute sexual harassment.  Employees making mandatory reports should provide as much detail about the alleged sexual harassment as is known, unless such disclosure would violate law or standards of professional ethics. Reports, other than mandatory reports by employees, may be made anonymously, but anonymous reports may limit the school system’s ability to respond fully if the alleged victim is not identified. 

5.                  Time Period for Making a Report 

Reports by students and third parties can be made at any time. During non-business hours, reports can be made by using the contact information for the Title IX coordinator provided on the school system’s website. A report should be made as soon as possible after disclosure or discovery of the facts giving rise to the report. Delays in reporting may impair the ability of school officials to investigate and respond to any subsequent formal complaint. 

School employees and Board members with actual knowledge of sexual harassment must report that information immediately. 

D.                School Officials’ Response to Actual Knowledge of Sexual Harassment 

As required to meet the school system’s obligations under Title IX, school officials shall respond promptly and impartially to actual knowledge of alleged sexual harassment in a manner that is not deliberately indifferent. A response that is not deliberately indifferent is one that is not clearly unreasonable in light of the known circumstances and includes, at a minimum, the provision of supportive measures to the complainant, as described in this section.  

Consistent with this duty, school officials shall respond to all reports of conduct that could constitute sexual harassment in accordance with this section. However, a report alleging conduct that is not sexual harassment as defined in this policy is not subject to this policy but may be referred to appropriate school officials as a possible violation of other Board policies. 

1.                  Title IX Coordinator Initiates Interactive Process with Complainant 

Upon receiving a report of alleged sexual harassment, the Title IX coordinator shall promptly contact the complainant and the complainant’s parent or guardian confidentially. This contact must occur within five (5) days, excluding weekends, absent extenuating circumstances. The Title IX coordinator shall also notify the principal of the report and, if an employee is the complainant or respondent, the Assistant Superintendent for Human Resources.  

When contacting the complainant and parent or guardian, the Title IX coordinator shall do all of the following during the contact and shall document the same: 

a.                  offer supportive measures; 

b.                  consider the complainant’s wishes with respect to supportive measures; 

c.            explain that supportive measures are available with or without the filing of a formal complaint; and  

d.                  explain the process for filing a formal complaint with the Title IX coordinator and the response required of the school system when a complaint is filed, including all the following: 

i.                    that a formal complaint will initiate the grievance process described below; 

ii.                  that a formal complaint may be filed with the Title IX coordinator in person, by mail, or by electronic mail; 

iii.                the major steps in the grievance process, including (1) a notice of the allegations that will be provided to the respondent that includes identification of the complainant and the allegations made; (2) an investigation of the allegations of sexual harassment in which both parties will have opportunity to have an advisor, present witnesses, review evidence, pose written questions of the other party, and receive a copy of the investigative report; (3) a decision on responsibility in which a decision-maker objectively evaluates all relevant evidence and determines whether the respondent engaged in the alleged sexual harassment in violation of this policy; and (4) the opportunity for either party to appeal the decision; 

iv.                the approximate time frame for concluding the grievance process; 

v.                  that school officials will treat both parties equitably by (1) providing remedies to the complainant if the respondent is found responsible, and (2) by not imposing disciplinary sanctions on the respondent without first following the grievance process; 

vi.                the circumstances under which a formal complaint might be consolidated with other formal complaints or dismissed; and 

vii.              that the Title IX coordinator may have an obligation to initiate the grievance process in the absence of a formal complaint filed by the complainant and the time frame in which that decision will be made. 

2.                  Title IX Coordinator Arranges Implementation of Supportive Measures

After considering the complainant’s wishes, the Title IX coordinator shall arrange the effective implementation of appropriate supportive measures unless, in the exercise of good judgment, the Title IX coordinator determines that supportive measures should not be provided. If supportive measures are not provided to the complainant, the Title IX coordinator shall document why supportive measures were not provided and why not providing supportive measures is not deliberately indifferent to known sexual harassment. 

If the complainant is a student with a disability, the Title IX coordinator may need to consult with appropriate school personnel to determine whether adjustments to the student’s IEP or Section 504 plan are needed to implement any supportive measures to be provided and/or whether the student’s plan necessitates any adjustment to the proposed supportive measures.   

3.                  Title IX Coordinator Determines Whether to Sign a Formal Complaint 

If the complainant declined to file a formal complaint within the designated time period following the interactive process described above, the Title IX coordinator shall determine on a case-by-case basis whether to sign, i.e., file, a formal complaint to initiate the grievance process. 

The Title IX coordinator should file a formal complaint (1) if the respondent is a school employee and the complainant is a student; and (2) in other cases where, in the exercise of good judgment and in consultation with the school attorney as appropriate, the coordinator determines that a grievance process is necessary to comply with the obligation not to be deliberately indifferent to known allegations of sexual harassment. Credibility or merit of the complaint shall not be considered in making the determination. 

A decision by the Title IX coordinator to sign a formal complaint is not to be construed as supportive of the complainant or in opposition to the respondent or as an indication of whether the allegations are credible or have merit, or whether there is evidence sufficient to determine responsibility. Signing a formal complaint does not make the Title IX coordinator a complainant or party to the complaint nor relieve the Title IX coordinator from any responsibilities under this policy. 

The Title IX coordinator shall document the decision of whether to sign a complaint and the reasons for that decision. 

4.                  Presumption of Non-responsibility of Respondent and Bar on Disciplinary Sanctions without Due Process 

The respondent identified in any report alleging sexual harassment under this policy will be presumed not responsible for the alleged conduct until the respondent’s responsibility is conclusively established through the grievance process. 

No disciplinary sanction or other action that is not a supportive measure, including but not limited to (1) short or long-term suspension, expulsion, or transfer to an alternative school or program for student-respondents and (2) suspension, demotion, or dismissal for employee-respondents, may be imposed for a violation of this policy unless the respondent agrees to a specific disciplinary sanction or action in an informal resolution or has been determined to be responsible for the sexual harassment at the conclusion of a grievance process that complies with the process below. An employee-respondent, however, may be placed on administrative leave during the pendency of the grievance process if consistent with applicable state and federal laws. 

Notwithstanding the limitation just described, respondents are subject to emergency removal as described in the next paragraph. 

5.                  Emergency Removal of Respondent from School or Employment 

Any respondent is subject to removal from the school system’s education program and activities, or any part of the program or activities, on an emergency basis if a school-based threat assessment team conducts an individualized safety and risk analysis and determines that removal is justified because the person poses an immediate health or safety threat to any person arising from the allegations of sexual harassment.  A removal under this subsection includes a transfer of a student to an alternative education program.  A schedule change, and/or removing a student from an extracurricular activity is also considered a removal under this subsection where such action would not otherwise constitute a supportive measure. 

The emergency removal may take place regardless of whether a formal complaint has been filed.  However, any such removal must be consistent with federal and state law, including any applicable law protecting the rights of individuals with disabilities.  The respondent shall receive notice of the removal and an opportunity to challenge the decision in an informal hearing with the Superintendent or designee immediately following the removal.  

An employee may be placed on administrative leave with or without pay during the pendency of the grievance process, if consistent with state law and in accordance with any applicable requirements of state law.   

The Superintendent or designee shall document all emergency removal decisions under this subsection, including the immediate threat to health or safety that justified the removal. 

6.                  Supportive Measures 

Supportive measures will be available to both the complainant and respondent before or after the filing of a formal complaint or where no formal complaint has been filed.  Supportive measures will remain confidential to the extent that maintaining such confidentiality does not impair the ability to provide the supportive measures.  The Title IX coordinator is responsible for coordinating the effective implementation of supportive measures. 

E.                 Grievance Process for Formal Complaints 

The Superintendent shall develop administrative guidelines establishing a grievance process for formal complaints of sexual harassment under this policy. These administrative guidelines shall also provide an informal resolution process for complainants who seek an alternate means of resolution to their complaint. 

As described above, the Title IX coordinator may also initiate the grievance process, as needed. 

F.         Retaliation Prohibited 

Any act of retaliation or discrimination against any person for the purpose of interfering with any right or privilege secured by Title IX or because the person has made a report or filed a formal complaint or testified, assisted, or participated or refused to participate in any investigation, proceeding, or hearing involving sexual harassment is prohibited. Any person who is found to have engaged in retaliation will be subject to discipline, up to and including dismissal. Complaints alleging retaliation are to be treated as claims of sex discrimination.  

Records 

The Title IX coordinator shall create and maintain for a period of seven years records of all reports and formal complaints of sexual harassment. For each report or formal complaint, the coordinator shall document the following: 

1.                  any actions, including any supportive measures, taken in response to the report or formal complaint; 

2.                  that school officials have taken measures that are designed to restore or preserve equal access to the school system’s education program and activities; 

3.                  why school officials believe their response to the report or complaint was not deliberately indifferent; and 

4.                  if supportive measures were not provided to the complainant, why that was not clearly unreasonable in light of the known circumstances. 

In conjunction with the Superintendent, the Title IX coordinator shall also maintain for seven years all materials used to train the Title IX coordinator, investigators, decision-makers, and any person who facilitates an informal resolution process. These materials will be made publicly available on the school system’s website.

LEGAL REF.:          Title VII of the Civil Rights Act of the Civil Rights Act of 1964, 42 USC 2000e et seq; N.C.G.S. 126-16; 29 C.F.R. pt. 11604; Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., 34 C.F.R. pt 106 N.C.G.S. 126-16;” N.C.G.S. § 115C-400, “Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties”, U.S. Department of Education, Office for civil Rights (2001); Equal Employment Opportunity Commission’s “Final Amendment Guidelines on Discrimination Because of Sex”,; 29 C.F.R. pt. 1604; Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., 34 C.F.R. pt. 106 N.C.G.S. 126-16:”; N.C.G.S. § 115C-400, “Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties”, U.S. Department of Education, Office for Civil Rights (2001) Dear Colleague Letter, U.S. Department of Education, Office for Civil Rights (April 4, 2011).

CROSS REF.:           Board Policy 3-2a, Employee Code of Ethics and Standards of Conduct; Board Policy 3-6, Staff-Student Relations; Board Policy 3-7a, Sexual Harassment (Employees); Board Policy 3-7b, Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Employees; Board Policy 3-10, Grievance Procedure for Employees Board Policy 4-3, Student Discipline; Board Policy 4-3, Code of Student Conduct, Administrative Guidelines; Board Policy 4-7b, Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Students; Board Policy 1-18, Grievances, Complaints, and Appeals    

 UNION COUNTY BOARD OF EDUCATION

APPROVED:            8/4/20

The process provided herein is designed for those who believe that they have been sexually harassed and wish to file a formal complaint. School officials shall follow this grievance process when responding to all formal complaints of sexual harassment.

The Superintendent is responsible for notifying students and their parents or legal guardians, employees, and applicants for employment of these guidelines and ensuring that each principal or site supervisor provides a copy of these guidelines to these persons.

A. DEFINITIONS

The following additional definitions apply.

1. Investigator. The investigator is the school official responsible for investigating and responding to a formal complaint.

2. Decision-Maker. The decision-maker is the school official responsible for making a determination regarding responsibility in response to an investigation of sexual harassment triggered by a formal complaint.

3. Investigative Report. The investigative report is a written account of the findings of the investigation conducted in response to a formal complaint.

4. Remedies. Remedies are individualized measures provided to a complainant designed to restore or preserve the complainant’s equal access to the education program and activities of the school system when a respondent is found responsible for sexual harassment.

Remedial measures available to a complainant following a determination of responsibility include counseling, mental health services referral, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, escort services, mutual or one-way restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring, and other measures determined by school officials to be necessary to restore or preserve the complainant’s equal access to the education program and activities, regardless of whether such measures impose a burden on the respondent or are punitive or disciplinary in nature.

5. Disciplinary Sanctions. Disciplinary sanctions are consequences imposed on a respondent when the respondent is found responsible for sexual harassment.

B. FILING A FORMAL COMPLAINT TO INITIATE THE GRIEVANCE PROCESS

A formal complaint initiates the grievance process.

1. Individuals Who May File a Formal Complaint

a. Eligible Complainants. Eligible individuals who believe that they have been sexually harassed in violation of Policy, may initiate the grievance process for alleged sexual harassment by filing a formal written complaint with the Title IX coordinator. To be eligible to file a formal written complaint, the complainant must be participating in or attempting to participate in the education program or activities of the school system at the time of filing.

b. The Title IX Coordinator. If the complainant does not wish to file a formal complaint and the matter has not been adequately resolved through the provision of supportive measures, the Title IX coordinator may initiate the grievance process by signing a formal complaint. In accordance with law, only the complainant and the Title IX coordinator may initiate the grievance process; no other individuals or school officials shall have authority to do so.

2. Time Period for Filing a Formal Complaint. A complaint should be filed as soon as possible after the conduct occurs, preferably within 30 days after the complainant becomes aware of the alleged sexual harassment, unless the conduct forming the basis for the complaint is ongoing. School officials will initiate the grievance process regardless of when the formal complaint is submitted, but delays in reporting may significantly impair the ability of school officials to investigate and respond to the allegations. In addition, in some circumstances it may be necessary for the Title IX coordinator to sign a formal complaint to initiate the grievance process in order to meet the school system’s legal obligations when the coordinator is aware of sexual harassment or alleged sexual harassment and the complainant has not yet filed a formal complaint. The Title IX coordinator can do so at any time.

3. Contents of the Formal Complaint. The complaint should (1) contain the name and address of the complainant and the student’s parent or guardian if the complainant is a minor student, (2) describe the alleged sexual harassment, (3) request an investigation of the matter, and (4) be signed by the complainant or otherwise indicate that the complainant is the person filing the complaint.

4. How to File the Formal Complaint. The complaint may be filed with the Title IX coordinator in person, by mail, or by email.

5. School System’s Response to Receipt of the Formal Complaint

a. Upon receipt of a formal complaint of sexual harassment, the Title IX coordinator shall engage in an interactive process with the complainant, consider the provision of supportive measures in light of the complainant’s wishes, provide supportive measures as appropriate, unless the Title IX coordinator has already done so in response to an initial report of the same allegation of sexual harassment.

b. School officials reserve the right to consolidate formal complaints against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances. The Title IX coordinator shall advise the complainant if the formal complaint will be consolidated with others.

c. The formal complaint initiates the grievance process as described below.

C. GENERAL PRINCIPLES OF THE GRIEVANCE PROCESS FOR FORMAL COMPLAINTS

To ensure a complete, thorough, and fair grievance process for formal complaints of sexual harassment, school officials responsible for the investigation, adjudication, or appeal of a formal complaint of sexual harassment shall comply with the following requirements. Failure by any school official to comply with these requirements or other standards or procedures established in this policy is cause for disciplinary action.

1. Equitable Treatment

Complainants and respondents must be treated equitably throughout the grievance process. Relevant evidence collected in the investigation of a formal complaint must be evaluated objectively. No individual designated as a Title IX coordinator, investigator, decision-maker, or appeal decision-maker will have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.

The complainant and respondent shall be provided an equal opportunity to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be an attorney. If a party elects to be represented by an attorney, the party should notify school officials in advance so that an attorney for the school system may also be present. Any restrictions on advisor participation in any proceeding must be applied equally to both parties.

The complainant and respondent will both be provided a description of the range of supportive measures available to them.

2. Adequate Training

The Title IX coordinator, and all persons serving as Title IX investigators, decision-makers, or appeal decision-makers shall receive training on what constitutes sexual harassment, the scope of the school system’s education program and activities, how to conduct an investigation and grievance process, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. Decision-makers will be trained on any technology to be used at a live hearing and on issues of relevance of questions and evidence.

Materials used to train coordinators, investigators, decision-makers, and appeal decision-makers will not rely on sex stereotypes and shall promote impartial investigations and adjudications of sexual harassment. Copyright restrictions will be taken into consideration in selecting training materials in order to comply with the school system’s legal obligation to make all training materials available on the school system’s website.

3. Presumption of Non-Responsibility/Innocence. At all times prior to a determination regarding responsibility by the decision-maker, there will be a presumption that the respondent is not responsible for the alleged conduct.

4. Burden of Proof and Production of Evidence. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility will at all times rest on the school system and not on the complainant or respondent. Formal rules of evidence shall not apply in the grievance process.

5. Written Notice of Meetings and Other Proceedings. Parties whose participation is invited or expected at any hearing, investigative interview, or other meeting will be provided written notice of the event’s date, time, location, participants, and purpose with sufficient time for the party to prepare to participate.

6. Confidentiality and Privacy. The school system will keep confidential the identity of any individual who has made a report or formal complaint of sexual harassment, any complainant, any respondent, and any witness, except as may be permitted or required by law or as necessary to carry out a Title IX proceeding. A violation of this provision may constitute retaliation. All meetings, hearings, or proceedings conducted pursuant to these guidelines will be private except to the extent that the parties may be accompanied by others.

7. No Disclosure of Privileged Information. No person acting on behalf of the school system shall require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the privilege is properly waived.

8. Timeliness of Process.

School officials shall make a good faith effort to conduct a fair, impartial grievance process in a timely manner designed to provide all parties with a prompt and equitable resolution. It is expected that in most cases, the grievance process will be concluded through the adjudication phase within 90 days after filing the formal complaint. The Board reserves the right to extend this time frame or any deadline contained in this policy for good cause with written notice to the parties of the delay and the reason for the delay. Good cause may include but is not limited to the absence of the parties or witnesses, concurrent law enforcement activity, or the need for language assistance or accommodation of disabilities. The Title IX coordinator or other responsible school official shall make reasonable efforts to keep the complainant and respondent apprised of progress being made during any period of delay.

D. THE GRIEVANCE PROCESS FOR FORMAL COMPLAINTS: PART I – INVESTIGATION

1. Step 1 – Notice of Allegations

a. Upon the filing of a formal complaint, the Title IX coordinator shall, within five (5) school business days, provide the known parties written notice of the allegations that includes:

i. notice of the allegations of sexual harassment in sufficient detail to permit the parties to prepare a response before any initial interview, including:

a) the identities of the parties involved, if known;

b) the conduct allegedly constituting sexual harassment; and

c) the date and location of the alleged incident, if known;

ii. a copy of these guidelines to give notice of the grievance process, including the investigative and adjudication procedures, and any informal resolution process available;

iii. notice that the parties may have an advisor of their choice and that either party may inspect and review any evidence;

iv. notice that students and employees are prohibited from knowingly making false statements or knowingly submitting false information during the grievance process; and

v. a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made at the conclusion of the grievance process.

b. If during the investigation, the investigator decides to investigate allegations of sexual harassment not included in the initial notice provided above, notice of the additional allegations will be provided to the parties.

2. Step 2 – Review Grounds for Dismissal of the Formal Complaint

The Title IX coordinator shall review the allegations and determine whether the formal complaint must be dismissed without further investigation because the conduct alleged in the formal complaint, even if assumed true, would not constitute sexual harassment as defined in this policy, did not occur in the school system’s education program or activities, or did not occur against a person in the United States. The complaint will not be dismissed at this stage on the basis that the allegations are frivolous, without merit, or otherwise unfounded. Upon a dismissal, the Title IX coordinator must promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties. The parties have the right to appeal the decision as provided below.

The Title IX coordinator shall refer the matter that was the subject of the dismissed complaint to the principal for further action as warranted.

3. Step 3 – Initiating the Investigation

If the complaint may proceed, the Title IX coordinator shall notify the appropriate investigator, who shall investigate the formal complaint.

a. In order to provide a neutral and objective investigation, the investigator shall not be a party to the complaint under investigation. However, the Title IX coordinator, in consultation with the Superintendent, may determine that conflict of interest, bias, or other individual circumstances warrant the assignment of a different investigator.

b. The investigator may request assistance from the Title IX coordinator to conduct the investigation.

c. The Title IX coordinator and the investigator shall jointly assess the need for supportive measures for either party, including assessing the effectiveness of any supportive measures currently being provided to the complainant, and, as necessary, will implement appropriate measures in a timely manner and monitor the effectiveness of the measures during the pendency of the investigation and prior to a final determination regarding responsibility. Supportive measures provided to the complainant or respondent will be maintained as confidential to the extent that maintaining such confidentiality does not impair the ability to provide the supportive measures.

d. The investigator shall explain the process of the investigation to the complainant and respondent.

4. Step 4 – Conducting the Investigation

The investigator is responsible for gathering evidence sufficient to reach a determination of whether the allegations in the formal complaint are true and whether the facts as determined by the investigator establish that sexual harassment as defined in this policy occurred. In so doing, the investigator shall impartially, promptly, and thoroughly investigate the complaint.

a. The investigator shall interview all individuals who may have relevant information, including (1) the complainant; (2) the respondent; (3) individuals identified as witnesses by the complainant or respondent; and (4) any other individuals who are thought possibly to have relevant information. Prior written notice shall be provided to a party whose participation is invited or expected for any investigative interview or meeting. The investigator shall provide the complainant and respondent an equal opportunity to present fact and expert witnesses and other evidence tending to prove or disprove the allegations.

b. The investigator shall ensure that the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the school system and not on the complainant or respondent.

c. The investigator shall not restrict the ability of either party to gather and present relevant evidence or to discuss the allegations under investigation.

d. The formal complaint and the investigation will be kept confidential to the extent possible. Information may be shared only with individuals who need the information in order to investigate and address the complaint appropriately and those with a legal right to access the information. Any requests by the complainant or respondent for further confidentiality will be evaluated within the context of the legal responsibilities of the school system.

The formal complaint or any allegations therein may be dismissed if at any time during the investigation or decision-making process: (1) the complainant notifies the Title IX coordinator in writing that he or she would like to withdraw the formal complaint or any allegations therein; (2) the respondent is no longer enrolled or employed by the school system; or (3) specific circumstances prevent school officials from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein. Upon dismissal, the Title IX coordinator shall promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties. The parties have the right to appeal the decision. The matter that was the subject of the dismissed complaint may be considered for action in accordance with Board policy for violation of other expected standards for students or employees.

5. Step 5 – Investigative Report and Opportunity to Review Evidence

a. The investigator shall prepare an investigative report that fairly summarizes the relevant evidence.

b. Before completing the final report, the investigator shall send to each party and the party’s advisor, if any, in hard copy or electronically, all the evidence collected which is directly related to the allegations raised in the formal complaint. The parties shall have 10 days to submit a written response for the investigator’s consideration before the investigator finalizes the investigative report.

c. Following the parties’ opportunity to respond to the written evidence, the investigator shall finalize the written investigative report, including a recommendation on the question of responsibility and any recommended discipline sanction.

d. The investigator shall provide a copy of the report to each party and the party’s advisor, if any, for their review and written response. The investigator shall also notify the parties of the opportunity to submit written questions to the other party and witnesses. The parties shall have 10 days to provide a written response to the investigative report, along with the party’s initial set of written questions.

e. The investigator shall provide to the decision-maker a copy of the investigative report, the relevant evidence, and the parties’ written responses to the report and initial sets of written questions.

E. THE GRIEVANCE PROCESS FOR FORMAL COMPLAINTS: PART II – ADJUDICATION

The Superintendent or designee shall serve as the decision-maker. In his or her role as decision-maker, the Superintendent, or designee, shall provide for the exchange of questions between the parties and a decision on responsibility in a manner consistent with state law and as provided below.

1. Step 1 – Student’s Opportunity to Request a Hearing.

In cases where the respondent is a student, after the investigative report has been sent to the parties, both parties shall have three school business days to request a hearing. If either party requests a hearing, the long-term suspension hearing procedures shall be followed, except that (1) both parties shall have the right to participate in the hearing to the extent required by Title IX; (2) all the evidence sent to the parties will be made available at the hearing to give each party equal opportunity to refer to such evidence during the hearing; and (3) prior to the hearing, both parties shall have a limited opportunity to submit and respond to written questions and follow-up questions as provided below.

2. Step 2 – Exchange of Questions and Answers

Whether or not there will be a hearing and regardless of whether the respondent is a student, after the parties are sent the investigative report, the Superintendent, or designee, shall provide the parties an opportunity to submit written, relevant questions that the party wants asked of any other party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party in accordance with a reasonably prompt time frame established by the Superintendent, or designee. The parties shall submit their initial set of written questions at the time they submit their response to the investigative report.

Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior will be considered not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s sexual behavior with respect to the respondent and is offered to prove consent. The Superintendent, or designee, must explain to the party proposing the questions any decision to exclude questions as not relevant.

3. Step 3 – Decision on the Question Regarding Responsibility

Following the exchange of questions and/or hearing as described above, the Superintendent, or designee, shall decide the question regarding responsibility, any disciplinary action, and any other measures the Superintendent deems appropriate. The Superintendent, or designee, shall consider all the relevant evidence objectively, including evidence in the investigative report, any testimony of witnesses at the hearing, if one was held, and any additional information provided by the parties through the exchange of questions and responses. Based on an objective evaluation of the evidence, the Superintendent, or designee, shall determine whether the preponderance of the evidence supports a finding that the respondent is responsible for sexual harassment in violation of Policy, and if so, what disciplinary sanction will be imposed. Remedies will be provided to the complainant if the respondent is found responsible.

4. Step 4 – Written Determination Regarding Responsibility

The Superintendent, or designee, shall issue a written determination regarding responsibility simultaneously to both parties that includes:

a. identification of the allegations potentially constituting sexual harassment under Board policy;

b. a description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;

c. findings of fact supporting the determination;

d. conclusions regarding the application of Policy or expected standards of employee behavior to the facts including whether, the respondent engaged in prohibited sexual harassment or other proscribed conduct;

e. a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the respondent (which may be a recommendation to the Board for discipline that is beyond the authority of the Superintendent or other decision-maker), and whether remedies designed to restore or preserve equal access to the school system’s education program and activities will be provided to the complainant;

f. the procedures and permissible bases for the complainant and respondent to appeal; and

g. any other notices that are required to accompany the decision under state law, such as when the Superintendent imposes a long-term suspension or recommends dismissal of an employee.

F. GRIEVANCE PROCESS FOR FORMAL COMPLAINTS: PART III – APPEAL

The parties shall have the right to appeal to the Board the determination regarding responsibility, the outcome of any disciplinary proceeding, and any dismissal of a formal complaint or any allegations therein. If a party appeals both the determination regarding responsibility and the outcome of a disciplinary proceeding, both matters will be heard by the Board at the same time. If both parties appeal, the appeals will be heard at the same time.

1. Deadline and Grounds for Appeal

Either party may appeal by submitting a request in writing to the Superintendent, or designee, within three (3) school business days of receiving the determination regarding responsibility, unless the party is entitled to a longer appeal period under state law or Board policy. Any longer appeal period applicable to one party shall apply equally to the other party. The grounds for appeal may be any of the following:

a. procedural irregularity that affected the outcome of the matter;

b. new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;

c. the Title IX coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter;

d. the disciplinary sanction is inappropriate or unreasonable; or

e. any other basis provided by law or policy governing appeals to the Board.

2. Notice of the Appeal

In all appeals, the other party will be notified in writing when an appeal is filed and be provided a copy of the appeal.

3. Appeal Procedures

a. A panel of the Board will hear the appeal.

b. Appeal procedures will be implemented equally, modified as necessary to allow equal participation of the parties.

c. After the notice of appeal is provided, both parties will be given 10 days to submit a written statement in support of, or challenging, the outcome. If the basis of the appeal is newly available evidence affecting the outcome, the party shall submit such evidence or a summary of such evidence along with the party’s written statement.

d. The Board will review the record and the written argument of the parties submitted on appeal, determine whether additional information is needed from any party, and take any other steps that the Board determines to be appropriate in order to respond to the appeal.

4. Decision on Appeal

a. After considering the record and written statements of the parties, the Board will determine whether the grounds for the appeal have been substantiated.

b. If substantiated, the Board will determine the appropriate response, which may include a remand for a new investigation, a new decision, or both, or such other action as the Board determines is needed to correct the error in the original proceedings.

c. The Board will provide a written decision describing the results of the appeal and rationale for the result within thirty days after receiving the appeal unless the decision is delayed for good cause. The written decision will be provided simultaneously to both parties.

5. When the Decision Becomes Final

If an appeal is timely filed, the determination regarding responsibility becomes final at the conclusion of the appeal process. However, if the decision on appeal is remand, the determination regarding responsibility does not become final until that process, including any appeal of the proceedings on remand, is concluded. If an appeal is not filed, the determination regarding responsibility becomes final after the three-day appeal period.

The Superintendent shall ensure that a copy of the final decision is provided to the Title IX coordinator and shall confer with the Title IX coordinator regarding any remedies to be provided to the complainant.

G. DISCIPLINARY CONSEQUENCES, REMEDIES, AND OTHER RESPONSES FOR SUBSTANTIATED SEXUAL HARASSMENT

1. Disciplinary Consequences for Students

Disciplinary consequences for substantiated sexual harassment will be assigned in accordance with the Code of Student Conduct. In addition, the conduct also may be reported to law enforcement, as appropriate.

Nothing in these guidelines prevent disciplinary action when the evidence does not establish sexual harassment but violates other policy and/or the Code of Student Conduct.

2. Disciplinary Consequences for Employees

Substantiated sexual harassment by employees is subject to discipline up to and including dismissal. In addition, the conduct may also be reported to law enforcement, as appropriate. An employee recommended for suspension, demotion, or dismissal shall have all applicable rights accorded by Board policy and state law.

Nothing will prevent disciplinary action against an employee when the evidence does not establish sexual harassment, but the conduct violates other policy or expected standards of employee behavior.

3. Consequences for Other Perpetrators

Volunteers and visitors who engage in sexual harassment will be directed to leave school property and/or be reported to law enforcement, as appropriate.

A third party under the supervision and control of the school system will be subject to termination of contracts/agreements, restricted from access to school property, and/or subject to other consequences, as appropriate. Nothing in this policy will be construed to confer on any third party a right to due process or other proceedings to which student and employee respondents are entitled under this policy unless such right exists under law.

4. Remedies

At the conclusion of the grievance process, the Superintendent or other decision-maker shall confer with the Title IX coordinator to determine the remedies to be provided to the complainant when the respondent is found responsible for sexual harassment. The Title IX coordinator shall consult with the complainant in determining appropriate remedies. The Title IX coordinator shall be responsible for the effective implementation of the remedies to be provided to the complainant.

H. INFORMAL RESOLUTION

The Board provides informal resolution processes to resolve some formal complaints of sexual harassment without a full investigation and adjudication. Informal resolution is not available unless a formal complaint is filed and will not be used to resolve formal complaints alleging that an employee sexually harassed a student. Further, school officials shall never condition an individual’s enrollment, employment, or other rights on an agreement to waive the individual’s right to a formal investigation and adjudication of a formal complaint.

The Title IX coordinator, or other school official in consultation with the Title IX coordinator, may offer the parties an informal process to resolve a formal complaint at any time prior to reaching a final determination regarding responsibility. Before using an informal resolution process, school officials must ensure that both parties have given voluntary, informed, written consent to attempt informal resolution. Accordingly, the Title IX coordinator, investigator, or decision-maker shall:

1. provide the parties (including the parent of a minor) a written notice disclosing:

a. the allegations;

b. the nature and requirements of the informal resolution process, including that if the parties agree to a resolution of the matter, the agreement precludes either party from resuming a formal complaint process arising from the same allegations; and

c. any consequences that could result from participating in the informal resolution process, including whether records will be maintained and could be shared; and

2. obtain the parties’ voluntary, written consent to the informal resolution process.

Any agreement reached by the parties through informal resolution may include measures that are designed to restore or preserve the parties’ equal access to the education program and activities, including measures that may be punitive or disciplinary in nature.

Any informal process should be completed within a reasonable period of time, not to exceed 60 days from filing the complaint unless special circumstances necessitate more time. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

UNION COUNTY BOARD OF EDUCATION
ADOPTED: 8/4/20

The Board takes seriously all complaints of racism, discrimination, harassment, and bullying. The process provided in this policy is designed for those individuals who believe that they may have been discriminated against, bullied, or harassed in violation of policy. Individuals who have witnessed or who have reliable information that another person has been subject to racism, unlawful discrimination, harassment, or bullying also should use the process provided in this policy to report such violations to one of the school system officials listed below. For complaints related to Sexual Harassment, please see Policy 4-7a Sexual Harassment (Students).

Any report made through the process established in this policy may be made anonymously, except mandatory employee reports. The school system will ensure that institutional interests do not interfere with the impartiality of the process for investigating and resolving complaints established in this policy.

The process set forth in this policy does not apply to allegations regarding or related to the identification, evaluation, educational placement, or free appropriate public education of a student under Section 504 or the IDEA. Such allegations may be raised through the procedures described in the Parents Rights Handbook published by the NC Department of Public Instruction (for IDEA complaints).

A. Definitions

Accused harasser: the employee, student, or visitor alleged to have discriminated against, harassed, or bullied the complainant.

Complainant: the employee complaining of being discriminated against, harassed, or bullied.

Days: the working day, exclusive of Saturdays, Sundays, vacation days or holidays, as set forth in the aggrieved employee’s employment calendar. In counting days, the first day will be the first full working day following receipt of the grievance. When a grievance is submitted on or after May 1, time limits will consist of all weekdays (Monday – Friday) so that the matter may be resolved before the close of the school term or as soon thereafter as possible.

Investigator: the school official responsible for investigating and responding to the complaint. The investigator must be a person free of actual or reasonably perceived conflicts of interest and biases for or against any party.

B. Timeliness of Process

The number of days indicated at each level should be considered a maximum. Every effort should be made to expedite the process.

Failure by the investigator at any step to communicate a decision within the specified time limit will permit the complainant to appeal the complaint to the next step unless the investigator has notified the complainant of the delay and the reason for the delay, such as the complexity of the investigation or report. The investigator will make reasonable efforts to keep the complainant apprised of progress being made during any period of delay. Delays may not interfere with the exercise of any legal rights.

Failure by the complainant or accused harasser at any step to appeal a decision to the next step within the specified time limit will be considered acceptance of the decision at that step, unless the complainant or accused harasser has notified the investigator of a delay, the reason for the delay and the investigator has consented in writing to the delay.

C. General Requirements

1. No reprisals or disciplinary action of any kind will be taken by the Board or by an employee of the school district against any complainant or other employee on account of his/ her participation in the investigation of a complaint filed and decided pursuant to this policy, unless the participating employee knows or has reason to believe the report is false or knowingly provides false information.

2. All meetings and hearings conducted pursuant to this policy will be private.

3. The Board and school district will consider requests to hear complaints from a group of complainants, but the Board and officials have the discretion to respond to complainants individually.

4. The complainant or accused harasser may have a representative, including an attorney, at any stage of the complaint.

5. Should, in the judgment of the Superintendent or designee, the investigation or processing of any complaint require the absence of the complainant and/or representative from regular work assignments, such absences will be excused without loss of pay or benefits.

D. Process for Complaint

1. Reporting Complaint

REPORTING BY EMPLOYEES OR OTHER THIRD PARTIES

a. Mandatory Reporting by School Employees and Board Members

Any employee who witnessed or who has reliable information or reason to believe that a student or other individual may have been discriminated against, harassed, or bullied must report the offense immediately. Suspected violations of Policy 3-6, Staff-Student Relations, should be reported directly to the Superintendent or designee. An employee who does not promptly report possible racism, discrimination, harassment, or bullying or similar violations of policy shall be subject to disciplinary action.

b. Reporting by Other Third Parties

All members of the school community including students, parents, volunteers, and visitors are also strongly encouraged to report any act that may constitute an incident of racism, discrimination, harassment, or bullying.

c. Anonymous Reporting

Reports of racism, discrimination, harassment, or bullying may be made anonymously (except mandatory reports by school employees) but formal disciplinary action may not be taken solely on the basis of an anonymous report.

REPORTS MADE BY ALLEGED VICTIMS OF RACISM, DISCRIMINATION, HARASSMENT, OR BULLYING

a. Filing a Complaint

Any individual who believes that he or she has been discriminated against, harassed, or bullied is strongly encouraged to file a complaint orally or in writing to any of the following individuals:

i. the principal or assistant principal of the school at which either the alleged perpetrator or alleged victim attends or is employed;

ii. an immediate supervisor if the individual making the complaint is an employee;

iii. the Assistant Superintendent of Human Resources if the alleged perpetrator or alleged victim is an employee of the school system (or the Superintendent if the Assistant Superintendent of Human Resources is the alleged perpetrator);

iv. the Section 504 coordinator or the ADA coordinator for claims of discrimination on the basis of a disability; or

v. for claims of other forms of prohibited discrimination, the applicable civil rights coordinator.

vi. Complaints may also be filed with: Office for Civil Rights, US Department of Education, 4000 Maryland Avenue, SW, Washington, DC 20202-1475

2. Timelines for Filing a Complaint

A complaint must be filed as soon as possible, but no longer than 30 days after disclosure or discovery of the facts giving rise to the complaint. For a complaint submitted after 30 days which claims a violation, misapplication or misinterpretation of state or federal law, including discrimination, the Superintendent/designee will determine whether:

• the complaint will be investigated after considering factors such as the reason for the delay; the extent of the delay; the effect of the delay on the ability of the school district to investigate and respond to the complaint; and

• the investigation of the complaint is necessary to meet any legal obligations.

However, complainants should recognize that delays in reporting may significantly impair the ability of the school district to investigate and respond effectively to such complaints.

The investigator will explain the process of investigation to the complainant and inquire as to any proposed corrective action.

3. Informal Resolution

The Board acknowledges that many complaints may be addressed informally without a full investigation and/or hearing, through such methods as conferences or mediation. The Board encourages the use of informal procedures such as mediation to the extent possible in appropriate cases and when all parties voluntarily agree after receiving a full disclosure of the allegations and the option for formal resolution; however, mediation or other informal procedures will not be used to resolve complaints deemed inappropriate by the investigator or applicable civil rights coordinator. Informal procedures may be used only if the parties involved voluntarily agree.

If an informal process is used, the principal or other designated personnel must (1) notify the complainant that s/he has the option to end the informal process and begin formal procedures at any time and (2) make a copy of this policy and other relevant policies available to the complainant. Any informal process should be completed within a reasonable period of time, not to exceed 30 days unless special circumstances necessitate more time. If informal procedures fail to resolve the matter in a reasonable period of time or are inappropriate, or if the complainant requests formal procedures, the complaints will be investigated promptly, impartially, and thoroughly according to the procedures outlined in the remainder of this policy.

4. Investigation

a. Upon receiving notification of a harassment complaint, the Superintendent, or designee will authorize and supervise the investigation of the complaint and/or investigate the complaint (hereinafter referred to as the investigator) regardless of the alleged victim’s willingness to cooperate. The investigator will be assigned by the Superintendent, or designee, based on the specific type of complaint.

b. The investigator will impartially, promptly, and thoroughly investigate the complaint. Failure to investigate and/or address claims racism, discrimination, harassment, and bullying will result in disciplinary action. The investigator will interview (1) the complainant; (2) the accused harasser; (3) individual identified as witnesses by the complainant or alleged harasser, and (4) any other persons the investigator has reason to believe may have relevant knowledge concerning the complaint.

c. There shall be no face to face confrontations between complainant and accused harasser(s).

d. The complaint and investigation will be kept confidential to the extent possible. Information will be shared only with individuals who need the information in order to investigate and address the complaint appropriately.

e. The investigator will review the factual information gathered through the investigation to determine whether the alleged conduct constitutes racism, discrimination, harassment, or bullying, giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.

f. The investigator will report to appropriate law enforcement if it appears that laws have been violated.

g. The Superintendent’s designee and investigator shall jointly assess the need for interim measures of support for either party and, as necessary, shall implement appropriate measures in a timely manner and monitor the effectiveness of the measures during the pendency of the investigation. Interim measures that restrict the ability of either party to discuss the investigation (“gag orders”) may not be used.

5. Notice to the Complainant and Alleged Perpetrator

The investigator will make a written report of the findings of the investigation. The investigator will notify the complainant, in writing, of the outcome of the investigation within 15 days of receiving the complaint unless additional time is necessary to conduct an impartial, thorough investigation.

a. If required by federal law, information regarding specific disciplinary action imposed on the alleged perpetrator(s) will be given to the complainant, such as when the information relates directly to the complainant (e.g., an order requiring the perpetrator not to have contact with the complainant). School officials are encouraged to consult with the Superintendent and board attorney before releasing such information, however.

b. The investigator will submit the full report and investigative findings to the Superintendent, or designee,. The report will specify:

1. whether the complaint was substantiated;

2. whether the accused harasser violated relevant law or Board policy by his/her actions (regardless of whether the complaint as submitted is substantiated); and

3. if the investigator determines that racism, discrimination, harassment, or bullying has occurred, the investigator also will specify:

• reasonable, timely, effective corrective action intended to end the harassment;

• if needed, reasonable steps to address the effects of the harassment on the complainant; and

• if needed, reasonable steps to protect the complainant from retaliation as a result of communicating the complaint.

If the corrective steps involve actions outside the scope of the investigator’s responsibilities, the Superintendent, or designee, also will be notified so that responsibility for the corrective steps can be delegated to the appropriate individual.

4. The accused harasser will be informed in writing of the results of the investigation in regard to whether the complaint was substantiated, whether the accused harasser violated Board policy or law (regardless of whether the complaint was substantiated), and what, if any, disciplinary actions or consequences will be imposed upon the accused harasser in accordance with Board policy. The accused harasser may appeal any disciplinary action or consequences in accordance with the provisions below and law. The filing of an appeal by the alleged harasser does not preclude school officials from taking appropriate action to address the alleged harassment.

6. Appeal

a. If the complainant or accused harasser is dissatisfied with the investigator’s report, an appeal may be made in writing to the Superintendent. The appeal must be made in writing within five calendar days of receiving the investigator’s report. The Superintendent may review the documents, conduct any further investigation necessary or take any other steps the Superintendent determines to be appropriate in order to respond to the complaint. The Superintendent will provide a written response within 10 calendar days after receiving the appeal, unless further investigation is necessary.

b. If the complainant or accused harasser is dissatisfied with the Superintendent’s response, an appeal of the decision may be made to the Board within five calendar days of receiving the Superintendent’s response. The Board may review the documents, direct any further investigation be conducted before making a determination or take any other steps the Board determines to be appropriate in order to respond. The Board will hold a hearing in accordance with Board Policy 3-10 upon request of the complainant or accused harasser and at the Board’s discretion. The Board will provide a written response within 30 calendar days after receiving the complaint, unless further investigation is necessary or the hearing necessitates that more time be taken to respond.

E. Records

Records will be maintained as required by Policy.

LEGAL REF.: Family Educational Rights and Privacy Act, 20 U.S.C. 1232g; Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C.§ 1681 et seq., 34 C.F.R. pt. 106; Equal Employment Opportunity Commission’s “Final Amendment Guidelines on Discrimination Because of Sex”; Burlington v. Ellerth, 524 U.S. 742 (1998); Faragher v. City of Boca Raton, 524 U.S. 775 (1998); N.C.G.S. 115C-335; Davis v. Monroe County Board of Education, 526 U.S. 629 (1999), Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998), “Revised Sexual Harassment Guidance: Harassment of Students by School
Employees, Other Students, or Third Parties”, U.S. Department of Education, Office for Civil Rights (2001).

CROSS REF.: Board Policy 3-6, Staff-Student Relations
Board Policy 4-7, Prohibition Against Unlawful Racism, Discrimination, Harassment, and Bullying (Students)
Board Policy 4-7a, Sexual Harassment (Students)


UNION COUNTY BOARD OF EDUCATION
APPROVED: 4/20/04
REVISED: 5/19/09
REVISED: 4/9/13
REVISED: 3/10/15
REVISED: 10/2/18
REVISED: 8/4/20

The Board is concerned with the health, safety, and welfare of all children and recognizes the legal and ethical obligations that school employees, contractors, and volunteers have to report known or suspected maltreatment of children. North Carolina has two separate systems that mandate reports to state authorities of suspected child abuse, neglect, dependency, or maltreatment and a third system for mandated reporting of certain crimes against juveniles to local law enforcement.

• Suspected child abuse, neglect, dependency, or death as a result of maltreatment by parents or other caretakers must be reported to DSS.

• Suspected human trafficking, involuntary servitude, sexual servitude of a child, and death of a child as a result of maltreatment are special forms of child abuse under law and must be reported to the Department of Social Services, regardless of the relationship between the victim and the perpetrator.

• By contrast, suspected child maltreatment by a caregiver in a child care facility, including in a licensed preschool classroom or other licensed classroom or program operated by the school system, must be reported to the Department of Health and Human Services, Division of Child Development and Early Education. When the source of the harm or threat of harm to the child is uncertain, a report should be made to both the county child welfare agency and the Department of Health and Human Services, Division of Child Development and Early Education.

1. a sexual offense (which for purposes of this policy, the Board interprets to mean any offense that relates to inappropriate sexual contact with a child);

2. an offense that inflicts serious bodily injury or serious physical injury upon the child by nonaccidental means;

3. an attempt, solicitation, or conspiracy to commit either offense described above, or aiding and abetting either offense; or

4. misdemeanor child abuse, which occurs when a parent or any other person providing care or supervision to a child who is under the age of sixteen (1) inflicts or allows to be inflicted physical injury to the child by nonaccidental means or (2) creates or allows a substantial risk of physical injury to the child by nonaccidental means.

A. Where the source of the child abuse, neglect, dependency, or maltreatment is uncertain, a report should be made to both the county child welfare agency and the DHHS, DCDEE. Additionally, law enforcement shall be notified in all situations. A school employee who has cause to suspect that a child in a child care facility has been maltreated by a caregiver or has died as a result of maltreatment occurring in a child care facility is legally required to report the case to the DHHS, DCDEE.

A “child care facility” includes any DHHS-licensed classroom or program operated by the school system, including for example, licensed pre-school or Title I classrooms, licensed afterschool programs, and licensed developmental day programs.

Any doubt about reporting a suspected situation or uncertainty whether the child’s care is being provided in a child care facility must be resolved in favor of reporting, and the report should be made immediately.

An employee making a report to DCDEE also shall immediately report the case to the principal. If the suspected maltreatment occurred in a licensed preschool classroom or other licensed classroom or program operated by board, the principal shall immediately notify the Superintendent of the suspected maltreatment. No reprisals of any kind may be taken against an employee who makes a good faith report of child maltreatment occurring in any licensed preschool classroom or other licensed classroom or program operated by the board.

An employee who fails to make a report as required by law and this policy may be subject to disciplinary action by the school system. In addition, if the employee works in a licensed preschool classroom or other licensed classroom or program operated by the board, failure to report maltreatment of a child in the program or classroom may itself constitute child maltreatment and result in the employee being placed on the state child maltreatment registry.

The Board is committed to creating a safe, orderly environment for students and staff. Principals are authorized and responsible for investigating anti-social behavior and other conduct that may violate board policies, school standards, or rules.

All employees and students, including students alleged to have engaged in misconduct, are expected to respond fully and truthfully to any questions or issues raised in the course of the investigation and any other related proceedings.

A. Authority to Conduct Searches and Seizures

School administrators have the authority to conduct reasonable searches and seize materials in accordance with this policy for the purpose of maintaining a safe, orderly environment and for upholding standards of conduct established by the Board or school. Any searches or seizures must be conducted in accordance with the standards described in this policy and any other applicable legal requirements. A search must be justified at its inception and permissible in scope. School officials shall make reasonable, good faith efforts to investigate allegations of misconduct before a student search is conducted. This policy applies to searches conducted on school grounds, in school facilities, or at school-sponsored events. This policy does not apply to investigations conducted by law enforcement officials or to investigations conducted exclusively for the purpose of criminal prosecution.

Any school official carrying out a search or seizure is expected to be knowledgeable regarding the constitutional rights of students and the appropriate procedures for conducting the search or seizure.

B. Searches Based On Individualized Reasonable Suspicion

A search of a student, or the student’s possessions, is lawful if there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating a law or a school rule. This reasonable suspicion must be based upon specific and articulable facts, which have been acquired through reliable and/or corroborated information from employees, students, law enforcement officers, or other credible sources, or upon visual or other evidence (e.g., the smell of alcohol or marijuana, an alert from a metal detector or drug dog) viewed in light of the totality of the circumstances and the school official’s professional judgment. A search of a student is permissible in scope when measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.

Reasonable suspicion that a student has unauthorized or illegal materials or has violated a law or school rule is required before an individual will be singled out for a search. Reasonable suspicion is not required if a student freely, voluntarily, and knowingly consents and agrees to the search of his or her person or personal effects. Individualized suspicion is not required for random group searches.

As used in this policy, the term “unauthorized” means any item dangerous to the health or safety of students or school personnel, or disruptive of any lawful function, mission or process of the school, or any item described as unauthorized in school rules published and made available to the student.

A student’s failure to permit reasonable searches and seizures as provided in this policy will be considered a violation of the expected standard of behavior and appropriate consequences may be imposed.

In accordance with the standards described above, the Board authorizes the following types of searches based on reasonable suspicion.

1. Searches of Personal Effects

School officials may search a student’s desk, locker, and/or personal effects, including but not limited to purses, book bags, and outer clothing.

2. Searches of Technology

Students, employees, visitors, and other users have no expectation of privacy in anything they create, store, send, delete, receive, or display when using the school system’s network, devices, Internet access, email system, or other technological resources owned or issued by the school system, whether the resources are used at school or elsewhere, and even if the use is for personal purposes. Users should not assume that files or communications created, transmitted, or displayed using school system technological resources or stored on servers or on the storage mediums of individual devices will be private. The school system may, without notice, (1) monitor, track, and/or log network access, communications, and use; (2) monitor and allocate fileserver space; and (3) access, review, copy, store, delete, or disclose the content of all user files, regardless of medium, the content of electronic mailboxes, and system outputs, such as printouts, for any lawful purpose. Such purposes may include, but are not limited to, maintaining system integrity, security, or functionality, ensuring compliance with board policy and applicable laws and regulations, protecting the school system from liability, and complying with public records requests. School system personnel shall monitor online activities of individuals who access the Internet via a school-owned device.

By using the school system’s network, Internet access, email system, devices, or other technological resources, individuals consent to have that use monitored by authorized school system personnel as described in this policy.

3. Searches of Personal Wireless Communication Devices

A student’s wireless communication device and its contents, including, but not limited to, text messages and digital photos, may be searched whenever a school official has reason to believe the search will provide evidence that the student has violated or is violating a law, board policy, the Code of Student Conduct or a school rule. The scope of such searches must be reasonably related to the objectives of the search and not excessively intrusive in light of the nature of the suspected infraction.

4. Searches of Student Motor Vehicles

Students are permitted to park on school premises as a matter of privilege, not of right. The school retains authority to patrol student parking lots at anytime, without notice or consent. The interior of a student’s motor vehicle parked on the school premises may be searched if a school official has reasonable suspicion to believe that illegal, unauthorized, or contraband items are contained inside.

5. “Pat-down” Searches

A school official may conduct a frisk or “pat-down” search of a student’s person. The search must be conducted in private by a school official of the same gender with an adult witness present. The adult witness should be of the same gender, when possible.

6. More Intrusive Personal Searches

If the school officials have reasonable suspicion to believe that the student has on his or her person an item imminently dangerous to the student or to others, a more intrusive search of the student’s person may be conducted. A personal search is more intrusive when it extends beyond a student’s personal effects and outer clothing and potentially exposes intimate body parts and/or undergarments. Such a search may be conducted only in private by a school official of the same gender, with an adult witness of the same gender present, and only upon the prior approval of the superintendent or his/her designee, unless the health or safety of students will be endangered by the delay which might be caused by following these procedures. Strip searches are prohibited.

C. Suspicionless General Searches

In an effort to maintain a safe, drug-free, and weapon-free learning environment, school officials may conduct certain types of general, suspicionless searches in the schools. All general searches must be conducted in a minimally-intrusive, nondiscriminatory manner (e.g., all students in randomly selected classrooms, every third individual entering a school-sponsored extracurricular activity) but may not be used to single out a particular individual or category of individuals. The searches must be conducted in accordance with standardized procedures established by the Superintendent or designee. Absent exigent circumstances (e.g., a report of a weapon on campus), prior to conducting general searches, school administrators must: (1) demonstrate to the Superintendent or designee the need for general searches based upon a pattern or expectation of violence, drug activity, or disruption; and (2) provide written notice to students and parents of the school policy and/or procedures governing general searches, but not of specific times when or places where searches will be conducted.

When conducted in accordance with the standards described above and any corresponding procedures, the Board authorizes the following types of general, suspicionless searches:

1. Searches of Desks and Lockers

School officials may conduct routine searches of student desks and lockers. Student desks and lockers are school property and remain at all times under the control of the school. However, students are expected to assume full responsibility for the security of their desks and lockers. Student desks and lockers may not be used to store illegal, unauthorized, or contraband materials.

A student’s personal effects found within a desk or locker, such as a backpack, gym bag, or purse, may be searched only in accordance with the guidelines for individualized searches of personal effects described above.

D. Use of Metal Detectors

A metal detector can be used to search a student’s person and/or personal effects whenever a school official has reasonable suspicion to believe that the student is in possession of a weapon. The search may be conducted by a school official.

A school is authorized to conduct general searches of students and their personal effects with a metal detector before a student can gain entry to the school campus or any school-sponsored extracurricular activity. The search must be conducted in accordance with procedures established by the superintendent or his/her designee.

Any search conducted pursuant to this policy must be conducted by a school official.

E. Searches using Trained Dogs

All Searches using trained dogs will be performed by and under the direct supervision of law enforcement. Trained dogs may sniff lockers, desks, book bags, motor vehicles, and other inanimate objects. Dogs may not be used to sniff students or other persons under any circumstances. No students should be present during a dog search. Before a search occurs in a classroom, students will first be moved to a location outside the classroom.

F. Seized Items

Any illegal contraband seized by school officials must be promptly turned over to the proper law enforcement authorities.

G. Failure To Cooperate

A student’s failure to cooperate with a reasonable search or seizure as provided in this policy will be considered a violation of the expected standard of behavior, and will subject the student to appropriate consequences.

Any person who is not a student who refuses to permit a general metal detector search of his or her person and/or belongings at the point-of-entry to a school-sponsored activity may be denied entry to the activity.

H. Notice

School principals shall take reasonable steps to provide notice of this policy to students and parents at the start of each school year.

LEGAL REF.: U.S. Const. amend. IV; G. S. 115C-47, -288, -307, -390.2; New Jersey vs. T.L.O.: U.S. -105S Ct. 744 (1985); Safford United School District #1 v. Redding, 557 U.S. 364 (2009)

CROSS REF.: Board Policy 4-1, Attendance
Board Policy 4-3, Student Discipline
4-3, Code of Student Conduct, Administrative Guidelines
Board Policy 4-3(c), Prohibition of Gangs and Gang Activities


UNION COUNTY BOARD OF EDUCATION
APPROVED: 10/5/99
REVISED: 6/20/06
REVISED: 8/7/12
REVISED: 5/7/19

The Board is committed to creating a safe, orderly environment for students and staff and seeks to cooperate with the various law enforcement agencies in Union County and the court system in connection with investigations in the school. To this end, the Superintendent and principals are expected to communicate the needs of the schools and work with law enforcement officials in developing joint programs and in establishing protocols for handling situations in which the assistance of law enforcement is helpful or necessary.

1. determine specifically the reason for the officer’s presence

(i.e. interrogation only, to take custody or to arrest a particular student), and

2. obtain proper identification from the officer.

If the officer wishes to question a student (as a potential victim or suspect), the officer should be urged to confer with the student at a time when the student is not at school. If for some reason this cannot be done, the school principal shall coordinate the interview at a time and location that is least disruptive to the school program and shall notify the parent/guardian of the student by any reasonable means as soon as possible. An exception to the notification requirement is when officers are investigating child abuse or child neglect cases.

If the parent requests to be present for the interview, that request shall be relayed to the officer who will make the decision of whether to proceed with the interview at that time.

If the parent/guardian cannot be contacted or is unable to attend or chooses not to attend, the principal/designee may be present during the interview, if requested by the student. School officials shall take no part in the interview.

Law enforcement authorities do have the right to enter the school to take a student into custody or to make a lawful arrest of a student; and the officer shall be required to display a court order authorizing him to take the student into custody or a judicially issued warrant authorizing the student’s arrest. If a student is arrested or taken into custody at school, school officials will make every reasonable effort to notify the parent/guardian immediately.

In all of these situations, appropriate steps should be taken to insure minimal embarrassment or loss of class time for the student.

The Superintendent will be notified immediately when any of the above actions occur.

N.C.G.S. 115C-288(g) requires that certain serious criminal acts which occur on school property and of which the principal has personal knowledge or actual notice must be reported immediately to local law enforcement.

 

School Resource Officers (“SROs”) are certified law enforcement officers with local law enforcement agencies who are assigned to the schools to help ensure safety and prevent violence. They are encouraged to have regular, informal, interaction with students and staff. The requirements set forth herein pertain to interaction with law enforcement who are not SROs or when the SRO is engaging in official law enforcement duties.

 

In order to preserve instructional time, except as provided below, students will not meet with a probation officer during school hours. This does not preclude a probation officer from working with the school administration and student's parent/ guardian to schedule a meeting before or after school hours to be held at the school.

1. Probation officers of the Division of Community Corrections, when working as a part of the Division’s School Partnership Program, may visit with a student during school hours on school property with prior authorization by the principal or School Resource Officer.

2. Probation officers may meet with students during school hours if the principal or designee or the school counselor request that the probation officer come to meet with the student.

3. Any meeting between a probation officer and a student shall be conducted in a private location and the student will be brought to the location by a member of the school staff.

4. The Probation Officer shall not initiate contact with the student while the student is in class or between classes. Initial contact with the student shall be made by a member of the school staff.

5. The Probation officer shall provide to the principal:

a. A Copy of the Signed Memorandum of Understanding;

b. The name of the student and the offenses for which s/he was placed under supervision and any other pertinent information from the public record; and

c. Copy of the Community Corrections School Partnership brochure.

6. The principal will:

a. Convey any concerns regarding the student’s progress in school or other concerns regarding compliance with terms and conditions of probation; and

b. Add the probation officer to the notification list for absences and contact him/her immediately if the student has unexcused absences and of the student creates a problem at school.

The Board strives to provide a safe and orderly environment for all students and employees.  The Board also strives to maintain a balance between the need to educate all eligible students, to protect students and employees’ rights, and to control communicable diseases, including HIV and AIDS.

In accordance with the regulations established by the United States Department of Labor pursuant to the Occupational Safety and Health Bloodborne Pathogens Standard, Union County Public Schools shall have in effect a Bloodborne Pathogens Exposure Control Plan.  The Plan, which is designed to eliminate or minimize exposure to infectious body fluids and body secretions, shall include specific precautions that must be taken when dealing with blood and other body fluids. 

The care, referral, and evaluation of students that are suspected to have a blood or body fluid exposure at school/after school activities will be equal to the care given to employees with the exception that costs related to this care will be the responsibility of the family.

Under certain circumstances, students with communicable diseases may pose a threat to the health and safety of other students and staff.  Decisions regarding the educational status of students with communicable diseases will be made on a case-by-case basis in accordance with this policy.  Nothing in this policy is intended to grant or confer any school attendance or education rights beyond those existing by law.  This policy shall be shared with school staff annually and with new employees as part of any initial orientation.  New employees shall sign a statement verifying this policy has been shared with them.

A.    Definition of Communicable Disease

A communicable disease is defined as an illness due to an infectious agent, or its toxic products, which is transmitted directly or indirectly to a person from an infected person or animal.     

B.     Precautions

In order to prevent the spread of communicable diseases, guidelines for necessary health and safety precautions shall be distributed by the administration and followed by all school district employees.  Employees are also required to follow the school system’s bloodborne pathogens exposure control plan that contains universal precautions and specific work practice controls relating to the handling, disposal, and cleanup of blood and other potentially infectious materials.  Students should not be involved in the handling, disposal, and cleanup of potentially infectious

materials unless the student has been specifically trained in the handling of such materials and is qualified to perform first aid services.  Faculty should take reasonable precautions to avoid allowing students to come in contact with these substances.

C.    Curriculum

The school district will include health, hygiene and safety education in its curriculum.  The curriculum will include age-appropriate information concerning safe health practices that will inhibit and prevent the spread of diseases, including HIV and AIDS. 

D.    Reporting and Notice Requirements

In accordance with G.S. 130A-136, school principals will report suspected cases of communicable diseases, to the county health department.  Confidentiality of such reports is protected by law.  School principals are presumed by law to be immune from liability for making such reports in good faith.  Without releasing any information that would identify the student, the principal also must report suspected cases of communicable diseases, to the superintendent.  Additionally, parents* shall be notified in a timely manner when their child has potentially been exposed to a communicable disease through the exchange of blood with another individual and it shall be suggested that they contact their private physician or the county health department for consultation.

If the local health director determines that there is significant risk of HIV transmission, the local health director is responsible for determining which school personnel will be informed of the identity of a student with AIDS or HIV infection or other communicable diseases required to be reported.  Any employee who is informed or becomes aware of the student’s condition shall respect and maintain that student’s right of privacy and the confidentiality of his/her records and may not share that information unless specifically permitted to do so by the health director, the student’s parents or by other applicable state or federal laws or regulations.  Permission from a parent or guardian to share a student’s HIV status with other school personnel must be in writing.  Any documents related to a student’s HIV or AIDS infection shall be retained in a locked cabinet and shall be released or shared only as necessary to comply with this policy.  Employees who have such information will sign a statement indicating their pledge to maintain confidentiality. 

Employees who are informed of the student’s condition shall also be provided with appropriate information concerning necessary precautions and made aware of the strict confidentiality requirements.  Release of this confidential information or records, except as permitted by law, constitutes a misdemeanor and may subject the employee to further discipline.

In order to address the needs of the student within the school environment, school employees are required to notify the principal if they are aware or become aware of any student suffering from a communicable disease.  Parents shall be encouraged to notify the principal as well.

Students who are immunodeficient, whether due to AIDS or other causes, face increased risk of severe complications from exposure to communicable diseases that appear in the school setting.  Although students with an HIV infection are not required to notify school staff of their HIV status, they are encouraged to inform the principal in the event a student suffers from any such immunodeficiency.  If notified that a student suffers from such immunodeficiency, the principal should request that the notifying party provide information about what types of exposure might put the student at risk and what reasonable practices can be taken in the school setting to minimize risk to the student.  Whenever possible, the principal of a school should notify the parents (or the student himself where appropriate) of an infected or immunodeficient student about the presence of chicken pox, pertussis, meningococcus, measles or tuberculosis or other contagious disease occurring in the school that may represent a serious threat to the student’s health.  Students who are removed from school as a result of such conditions will be provided instruction in an appropriate alternative educational setting.

E.     Education/School Attendance for Students with AIDS/HIV Infection

Students with AIDS and HIV infection will be permitted to attend school without special restrictions except in accordance with 10A N.C.A.C. 41A .0201-.0204 and this subsection.

When the local health director notifies the superintendent that a student with AIDS or HIV infection may pose a significant risk for transmission, the superintendent, in consultation with the local health director, shall appoint an interdisciplinary committee in accordance with state health regulations and procedures established by the superintendent.  The committee is to consult with the local health director regarding the risk of transmission and advise the superintendent regarding the placement of the student. The committee shall include appropriate school system personnel, medical personnel and the student’s parent and may include legal counsel.  The parent may request additional participants as necessary to appropriately evaluate the risk.  The health director shall be responsible for determining whether to add additional members that may be requested by the parents.  The superintendent is also to inform the Board whenever a committee has been formed and will advise the Board of the professional composition of the committee.

The interdisciplinary committee will review each case individually in consultation with the local health director to determine (1) the degree to which the student’s conduct or presence in school exposes others to possible transmission or other harm, and (2) what risk the school environment may pose to the infected student.  If the local health director concludes that a significant risk of transmission exists in the student’s current placement, the committee must determine whether an appropriate adjustment can be made to the student’s school program to eliminate this risk.  If that is not possible, the student shall be provided instruction in an appropriate alternative educational setting, which incorporates protective measures required by the local health director.

If the administrative or instructional personnel on the committee determine that the student has limited strength, vitality or alertness due to a chronic or acute health problem that adversely affects the student’s educational performance, they must refer the student for possible identification and placement as a student with special needs.

All deliberations of the interdisciplinary committee will be kept strictly confidential and shared only as allowed by law. Any student records related to the deliberations of the committee will be retained in a locked cabinet separate from the student’s other school and medical records.

LEGAL REF.:          G.S. 115C-36, 130A-136, -142 to -144, -152 to -157;                                                          10A N.C.A.C. 19A .0201 -.0204

CROSS REF.:           Board Policy 3-4, Communicable Diseases (Employees)

Board Policy 5-7, Health Education Program                                           Board Policy 5-8, Parent Involvement

UNION COUNTY BOARD OF EDUCATION

APPROVED:            10/07/03         

REVISED:                 6/20/06

REVISED:                 8/7/12

REVISED:                 7/10/18

It is the policy of the board to comply with federal and state regulations and standards regarding bloodborne pathogens as set forth in the Federal Register, 29 C.F.R. 1910.1030, and the North Carolina Administrative Code, 13 N.C.A.C. 7F.0207, by attempting to limit or prevent occupational exposure of employees to blood or other potentially infectious bodily fluids and materials that may transmit bloodborne pathogens and lead to disease or death.

A. Reasonably Anticipated Occupational Exposure

Employees who have occupational exposure to bloodborne pathogens are covered by the Occupational Safety and Health Administration (OSHA) Bloodborne Pathogens Standard, the North Carolina Administrative Code, and this policy. "Occupational exposure" includes any reasonably anticipated skin, eye, mucous membrane or parenteral (brought into the body through some way other than the digestive tract) contact with blood or other potentially infectious materials that may result from the performance of an employee's duties.  "Good Samaritan" acts, such as assisting a co-worker or a student with a nosebleed, would not be considered "reasonably anticipated occupational exposure," and employees whose only anticipated exposure to bloodborne pathogens would result from such acts are not considered to have occupational exposure.

B. Universal Precautions

Universal precautions must be used at all times.  Employees should handle all blood, bodily fluid and other potentially infectious material as if the material is infected.  The program standards for the control of potential exposure to Human Immunodeficiency Virus (HIV) and Hepatitis B Virus (HBV) as outlined in the OSH A Rule, "Occupational Exposure to Bloodborne Pathogens" (Standard 1910.1030), and the NC Administrative Codes and/or the most current standards available must be followed.

C. Exposure Control Plan

The superintendent shall ensure that an Exposure Control Plan is developed in accordance with OSHA regulations or the most current available federal and/or state standards issued to eliminate or minimize employee occupational exposure to blood or certain other bodily fluids that may carry infectious materials.

The School Staff and School Health Nurse will follow these procedures for investigating, reporting and documenting incidents of potential blood/body fluid exposure. NOTE: All potentially exposed individuals, regardless of Hepatitis B Virus (HBV) vaccination status, will be referred to their Primary Care Physician (for students/visitors) or OccMed Indian Trail (for employees) for evaluation of need for Hepatitis B Virus (HBV)/Human Immunodeficiency Virus (HIV) HBV/HIV titers. Testing, when indicated, should be completed as soon as possible.

1.          School staff will provide immediate first aid appropriate to the            circumstances.

·         Flush site with running water for three (3) – five (5) minutes.

·         Wash the site with soap and water.

·         Apply clean, dry dressing if bleeding is present.

·         Apply ice if bruising has occurred.

·         Notify School Health Nurse for bloodborne pathogen exposure evaluation if nurse is not on site when incident occurs.

2.        Upon notification by school staff of a potential exposure, the School Health Nurse will investigate the nature of the risk. The investigation will include:

·         Names of the individuals involved, along with contact information.

·         Area of the body potentially exposed.

·         Determination of potential exposure. (i.e.: bite resulting in broken skin with presence of blood, physical injury resulting in copious bleeding with exposure of caregivers, or mucous membrane exposure to blood or body fluids)

·         Determination of presence of a barrier such as clothing or personal protective equipment preventing exposure will be considered.

3. If the School Health Nurse determines a potential risk of exposure exists, nurse will:

·         Document findings in PowerSchool.

·         Notify School Nurse Supervisor of incident and plans for referral for care. Notify each individual involved (or parent/guardian, if a minor) of incident and needed medical attention.

4.        The School Health Nurse will determine the identity and facility affiliation of the Primary Care Provider (PCP) for each individual involved and implement policies and procedures as indicated below:

·         Union County Public Schools (UCPS) employees will be referred to his/her respective principals/supervisors and/or UCPS Worker’s Compensation Coordinator for initiation of necessary paperwork. School Health Nurse should be contacted for exposure determination when needed.

·         Students will be referred to their Primary Care Physician for evaluation and follow-up.

·         Visitors will be referred to their Primary Care Physician for evaluation and follow-up.

Student Exposure:

1.      The School Health Nurse will follow Procedures 1 (if on site when incident occurs) and 2-4 above and contact the parent/guardian.

The School Health Nurse will complete the necessary paperwork.

2.      The School Health Nurse will instruct the student/parent to present the MD Referral Form to his/her healthcare provider for medical evaluation, follow-up and treatment, if indicated. 

3.      The School Health Nurse will provide referrals, if requested, to assist students in obtaining a healthcare provider.

4.      The School Health Nurse will fax copies of BBP-1, 2, 3 and 4 to School Nurse Supervisor for continuation of care and PCP communications as indicated.

5.      The School Health Nurse will follow-up with parent/guardian within 24 hours (or next working day) to determine that care was secured and notify School Nurse Supervisor if care has not been secured.

6.      Where appropriate, the School Nurse Supervisor will contact Union County Health Director who will determine if any action associated with the implementation of health laws is required.

7.      The School Nurse Supervisor may act as a liaison between all parties to assist in obtaining medical care and exchange of pertinent information among medical providers.

8.      All costs incurred will be the responsibility of the family involved.

UCPS Employee Exposure:

1.      The School Health Nurse will follow Procedures 1 (if on site when incident occurs) 2 and 3 and contact the employee’s principal/supervisor and/or UCPS Worker’s Compensation Coordinator.

2.      The School Health Nurse will assist in completion of the injury with Exposure Form (Appendix D-1, 2, and 3 in UCPS Safety Handbook)

3.      The School Health Nurse will complete the UCPS BBP Release of Information (BBP-4) if the incident involved someone other than an employee (student or visitor) where communication will need to take place between UCPS Medical Advisor and a personal Primary Care Provider  (PCP).

4.      The School Health Nurse will instruct the employee to proceed to Carolinas OccMed for a confidential medical evaluation and treatment.

5.      The School Health Nurse will fax copies of AppendixD-1, 2, and 3 with BBP-1, 2, 3 and 4 to School Nurse Supervisor for continuation of care and PCP communications as indicated.

6.      The School Health Nurse will follow-up within 24 hours (or next working   day) to determine that care was secured and notify School Nurse Supervisor if care has not been secured.

7.      Where appropriate, the School Nurse Supervisor will contact Union County Health Director who will determine if any action associated with the implementation of health laws is required.

8.      The School Health Nurse Supervisor may act as a liaison between all  parties to assist in obtaining medical care and exchange of pertinent information among medical providers.

9.      All costs incurred will be the responsibility of UCPS.

Visitor Exposure:

1.      The School Health Nurse will follow Procedures 1 (if on sight when incident occurs) and 2-4 above.

2.      The School Health Nurse will complete the Medical Doctor (M.D.) Referral Letter (BBP-1), the Follow-Up Form (BBP-2), the Exposure Contact Information Form (BBP-3) and the BBP Release of Information form (BBP-4).

3.      The School Health Nurse will instruct the individual to present the Medical Doctor (M.D.) Referral Form to his/her healthcare provider for medical evaluation, follow-up and treatment, if indicated.   

4.      The School Health Nurse will fax copies of BBP-1, 2, 3 and 4 to School Nurse Supervisor for continuation of care and Primary Care Provider (PCP) communications as indicated.                      

5.      The School Health Nurse will follow-up with the individual within 24 hours (or next working day) to determine that care was secured and notify School Nurse Supervisor if care has not been secured.

6.      Where appropriate, the School Nurse Supervisor will contact Union County Health Director who will determine if any action associated with the implementation of health laws is required.

7.      The School Nurse Supervisor may act as a liaison among all parties to assist in obtaining medical care and exchange of pertinent information among medical providers.

8.      All costs incurred will be the responsibility of the individual involved.

The Board is committed to the ideal that each child should have an opportunity for an excellent education, regardless of which school attendance area is assigned. All schools shall provide equitable opportunities for learning.

CRITERIA FOR PUPIL ASSIGNMENTS

In the elementary, middle and high schools pupil assignment will provide choice and promote equitable access to varied programmatic options for all students, maximize the utilization of facilities, transportation and other resources, travel time from home, efficient operation of buses, maintain the continuity of attendance lines and neighborhoods and otherwise as required by law.

Students are eligible to attend school within the district and are assigned to home schools based on the domicile of the student’s parent ¹. A domicile may be changed only in the event that the parent has abandoned the former domicile with no intention of returning to it, established actual domicile in another location, and evidenced an intention to remain in the new location indefinitely. A minor may not select, acquire, or change his/her domicile other than that of the minor’s parent, except for the following: a married student, emancipated student or a student living in a group home, foster home or pre-adoptive home.

Factors for Consideration:

1. Utilization: Capacity shall be based on the number of standard teaching spaces. Schools may operate above capacity through the use of mobile classroom units and/or special purpose classrooms.

2. Stability: Stability of attendance areas is understood to mean that attendance areas should be altered only in accordance with standards adopted by the Board and made known to the community. These standards are:

a. Redistricting or realignment (or reassignment en mass) more often than every three years should be avoided if possible. The Board may find redistricting, realignment or reassignment to be made necessary more frequently in order to fully utilize facilities and staff and to avoid overcrowding or under use of available educational facilities and curriculum.

b. Prior to school opening in the fall, with the approval of the Board and proper public notice, the Superintendent may adjust school attendance lines. When adjustments are necessary, an attempt will be made to preserve small neighborhood groups and no geographic areas will be moved more than once between redistricting.

c. Where residential developments cross over established attendance lines, developers, property owners, or residents may petition for changes in school assignment.

3. Travel Time: Within the constraints of previously defined criteria, the school attendance areas should be drawn to minimize total travel time and distance.

4. Busing: Within the constraints of previously defined criteria, an effort will be made to assign students to the closest school.

5. Continuity: Where possible, attendance lines should be contiguous.

TYPES OF SCHOOLS

1. Home Schools: schools within fixed, contiguous attendance boundaries. Each student will be assigned to a home school based upon his/her domicile.

2. District-wide and Neighborhood Magnet Schools:

a. District-wide Magnet Schools: contain specialized academic programs but do not have fixed attendance boundaries. Admission is governed by the district’s magnet procedures and students may apply to a magnet school through the transfer/lottery process.

b. Neighborhood Magnet Schools: have a fixed home school attendance area and remaining seats are filled through the transfer/lottery process.

STUDENT TRANSFER

Student transfer will be allowed for the following reasons as defined below:

• Educational Need

• Change of Residence

• Home Construction

• Children of Employees

• Medical Necessity

• Extreme Hardship

• Schools Exceeding Capacity

• Unsafe School Choice under Every Student Succeeds Act (ESSA)

• Sibling

• Homeless Students

• Students in Foster Care

• School Choice

Petitions for transfer outside the assigned area shall:

• be in writing on the Transfer Application available on the district website or electronically, if available;

• be delivered or mailed to the Office of School Assignment. Documentation supporting the request must be provided. No request for a transfer will be considered until all requested documentation is received.

All transfers are only valid for the school year for which the transfer is granted and reapplication must be made for the next school year, except for sibling transfers, employee transfers, medical necessity, school choice assignments, unsafe school transfers, homeless students or students in foster care which will remain in effect consistent with legal requirements or as noted below. For example:

• Employee, Medical Necessity, and School Choice transfers remain in effect until the terminal grade (i.e. 5th, 8th, and 12th);

• Sibling transfers for middle and high school students remain in effect until graduation from high school; and

• Sibling transfers for siblings of exceptional children or DLI students remain in effect so long as the sibling is in that program.

The Board will recognize change of legal custody from parents to other persons only if legal custody has been modified by decree or order of a court of competent jurisdiction. The parent(s) or person(s) having legal custody are responsible for transportation for such students to schools located outside the attendance area of residence, except for some Special Program Schools where transportation is provided by the District.

East Elementary and Walter Bickett Elementary Schools are exceptions to the rule that parents provide transportation if living out of district. Due to the large number of students moving between East and Walter Bickett attendance areas during the school year and the close proximity of those two schools, regular school bus services will be provided children moving from the East Elementary attendance area to the Walter Bickett attendance area and vice versa during the school year. The special transportation will be provided only during the school year in which the move is made. Students must attend the school in the district where the parent lives the next school year.

Educational Need

Petition for transfer outside assigned area citing Educational Need shall include a statement as to why educational needs of the student cannot be fulfilled by any reasonable means within the present school assignment. Transfers granted based upon educational need cannot be guaranteed for the school requested. Students may be assigned to another school that can best accommodate their needs.

Change of Residence

If a family’s residence changes during the school year, unless the move is out of Union County, the student has the option of completing the school year at the original school or attending in the attendance area to which he/she moved. At the end of the school year in which the move occurred, the student must enroll in the attendance area of the new residence. If the move is outside of Union County, the student will be removed from UCPS attendance ten (10) days after the school becomes aware of the move.

However, if a change in residence occurs during the 11th or 12th grade, or the summer prior to the 12th grade, the student has the option to remain at his/her original school (the school in the attendance area from which he/she moved) through the completion of his/her senior year. In this situation, once a student chooses which school he/she will attend he/she must continue in the school until he/she graduates. If the move is out of Union County, prorated tuition must be paid in full for the student to remain enrolled.

New Home Construction or Acquisition Transfers

If parent(s) or legal guardian(s) are building or acquiring a new home in a different attendance area than the one in which the student is now attending the parent(s) or legal guardian(s) may request a transfer to the new attendance area. The following conditions must be met:

The building contractor must provide a written statement indicating that the house will be completed and ready for occupancy during the school year for which the transfer is requested and include a calendar date for occupancy in the statement.

If the home in which the parent(s) or legal guardian(s) are residing is located outside Union County prorated tuition must be paid prior to enrollment. The prorated tuition will be calculated from the first student day of the school year until the day the move into the county is made.

Children of Employees

Children of employees of Union County Public Schools may transfer to any school within the district (except schools assigned based upon a lottery or under a specific criteria or into an academy – see Special Program Schools below) with the approval of the Office of School Assignment. Tuition for children of employees living outside Union County will be waived. For purposes of this guideline, an “employee” is defined as someone who works for Union County Public Schools a minimum of 30 hours per week and is eligible for benefits or a person who works for another entity but is assigned to work full-time (in excess of 30 hours) in a Board property through a contractual relationship between the entity and the Board (i.e. School Resource Officer). Within this category, employee requests will be prioritized for students seeking a transfer to the school location where the employee is assigned or to a school where the student was assigned during the prior academic year. Once a transfer has been granted under this basis it will remain in effect until the terminal grade in that school location (i.e. 5th, 8th and 12th) absent a change in the employment status of the employee parent, whichever occurs sooner.

Medical Necessity

A student who has a serious physical, mental, or emotional handicap or illness may be reassigned to a school that better meets his/her needs. The students’ physician, psychiatrist, or psychologist shall complete a form provided by the school system that addresses (1) the nature of the handicap or illness, (2) the specific reason the student’s needs cannot be met by accommodation at the assigned school, and (3) the specific reasons reassignment to another school will benefit the student more than accommodations for the student at his/her assigned school. The school system may seek a separate medical or psychiatric opinion before making a final determination. Once a transfer has been granted under this basis it will remain in effect until the terminal grade in that school location (i.e. 5th, 8th and 12th) or a change in the medical needs of the student, whichever occurs sooner.

Extreme Hardship

The Office of School Assignment may reassign a student under special or unique circumstances. To make a determination, the following shall be considered: the best interests of the child, the orderly and efficient administration of the public schools, the proper administration of the school to which reassignment is requested, and the instruction, health, and safety of the students there enrolled. The Office of School Assignment shall determine that such a transfer will not contravene the intent of this policy.

Schools Exceeding Capacity

Parents may request a transfer from a school of assignment that exceeds 20% over capacity to a school that is less than 10% over capacity. (Capacity shall be determined by the district and posted on the website.)

Unsafe School Choice under ESSA ²

Students will be allowed to transfer when one of the following conditions exist:

1. a school is determined to be “persistently dangerous” (as defined by North Carolina Department of Public Instruction³ ); or

2. when it is determined by the principal, after a review of the reasonable evidence, a student was the victim of a violent crime while at school. For the purposes of this policy “violent crime” shall include the following⁴ assault resulting in serious bodily injury;

• assault involving the use of a weapon;

• rape;

• sexual offense;

• sexual assault;

• kidnapping;

• robbery with a dangerous weapon; and

• taking indecent liberties with a minor.

Sibling

A student may be eligible for a transfer based upon the assignment of his/her sibling under the following circumstances:

• a middle and/or high school student will be allowed to transfer to a school within the cluster where s/he has a sibling currently assigned except if the sibling is in the cluster via the transfer process. The student will be eligible to remain in the cluster through his/her graduation;

• a rising kindergarten student will be allowed to transfer into the dual language program at the school where his/her older sibling is currently enrolled in a dual language class. The rising kindergarten student must enroll and remain in the dual language program to be eligible under this option; and

• any student who has a sibling assigned to a separate setting classroom through the Exceptional Children’s Program will be allowed to transfer to the same school.

Homeless Students

Students who become homeless between academic years or during an academic year may request to remain at the school of origin for the duration of their homelessness or may request to be enrolled in any public school that other students living in the same attendance area are eligible to attend. Any decision about the transfer or reassignment of a homeless student will be consistent with legal requirements and based on the student’s best interest.

Students in Foster Care

Students who are assigned to foster care between academic years or during an academic year will remain in their school of origin unless remaining in the school of origin is not in the best interest of the student. The best interest of the student will be decided based on all relevant factors, including consideration of the appropriateness of the educational setting and proximity to the school in which the child is enrolled at the time of placement in foster care.

Exceptions:

• Special Program Schools

Special Program Schools are defined for the purposes of this policy as the schools in the district operating as schools (see definition in the Administrative Guidelines for this policy), with or without a defined attendance area, which require an application or lottery for admission to be submitted and approved within guidelines established for each individual special program. Application or lottery for admission to Special Program Schools shall be subject to review only by the Office of School Assignment as this is an admission and not a school assignment.

• Choice

Students may apply for a transfer through lottery to any school within the district whose student population is no more than 85% of the capacity as determined by the district. The Superintendent shall designate which schools are available for enrollment under this provision on an annual basis. The Superintendent and Board have the final authority to identify schools available for choice under this option. Once a transfer has been granted under this basis it will remain in effect until the terminal grade in that school location (i.e. 5th, 8th and 12th).

• Capacity

Once a school reaches 95% capacity level as determined by the Superintendent no transfers will be approved by the administration except for transfers under the sibling and employee criteria and those required by law.

Transfers for Athletic Participation
Students are only eligible to participate in athletics and extracurricular activities at the school to which they are assigned. Therefore, if a student selects a Special Program School, s/he may only participate in the athletics and extracurricular activities, if any, at their special program school.

Under no circumstance will a student be allowed to transfer for the purpose of athletic participation at another school. Students granted transfers by the administration or Board pursuant to this policy will be considered eligible for athletic participation, unless specifically told otherwise. Transfer granted for: Educational Need, Change of Residence, Home Construction, Medical Necessity, Extreme Hardship, Schools Exceeding Capacity, Unsafe School Choice under Every Student Succeeds Act (ESSA), Sibling, Homeless Students, and Students in Foster Care will be given immediate athletic eligibility regardless of when the transfer occurs. Any student returning to their “home” school after one of the above transfers would be ineligible for athletic participation until completion of the current school year.

Change of Residence Transfers. If a student moves from one parent’s domicile to the other parent’s domicile (where parents are separated or divorced with no order addressing physical custody), the student shall be granted one transfer with immediate athletic eligibility regardless of when the transfer occurs. Any future move between domiciles (absent a custody order addressing physical custody), would result in the student being ineligible for athletic participation for 365 days from the time of the transfer.

The following provision takes effect for the 2021-2022 academic year:
School Choice and Children of Employees Transfers. 9th grade students granted transfers for these reasons will be given immediate athletic eligibility if the transfer is completed on or before July 1. Students transferring after July 1, or rising 10th – 12th graders, will be ineligible to participate in athletics until the following school year. Any student transferring via the Children of Employees option directly to a school in the cluster where the parent is assigned would be given immediate athletic eligibility regardless of when the transfer occurs. Any student returning to their “home” school after July 1 of the current school year would be ineligible to participate in athletics until the completion of that school year. Any student that makes a 2nd transfer using the School Choice or Children of Employees option would be ineligible for athletic participation for 365 days from the time of the transfer, unless the transfer is for a child of an employee whose parent is moved to another cluster by the District and a transfer is requested to allow the child to move with his or her parent.

No student will be allowed to play the same sport at different schools within the same year absent a change in domicile.

The entity approving the transfer (Board or the Superintendent or designee) shall have the authority to consider all extenuating life circumstances and render a decision on athletic eligibility based on those circumstances.

OUT OF COUNTY TRANSFERS

Students whose domicile is located outside the boundaries of Union County will not be permitted to attend Union County Public Schools with the following exceptions: home construction, children of employees, and/or as required by law.

RELEASE OF STUDENTS FROM THE UNION COUNTY PUBLIC SCHOOL SYSTEM

After completing an application for transfer, students shall be released to attend school in another administrative unit until such time as the number of students leaving the district differs substantially from those coming into the district. A student release form must be signed by the Superintendent or his/her designee.

PUPIL TRANSFER CRITERIA

1. In reviewing a request for transfer, the Board shall consider the following criteria:

a. The best interest of the child;

b. The orderly and efficient administration of the schools;

c. The proper administration of the school to which the transfer is being requested; and

d. The instruction, health, and safety of the students enrolled at the school being requested.

2. Application for transfer to an attendance area other than the one in which a student lives must be made to the Office of School Assignment, who will consider the application. Additional documentation may be requested. The principals of both schools may be consulted during the process. Guidance counselors, attendance aides and others may also be consulted.

• Any assignments to an alternative program or long-term suspension;

• Ten (10) unexcused tardy arrivals in a semester; or

• Five (5) unexcused absences in a semester.

Assignment Process

Length of Assignment

Special Program Schools with a Specific Entry Grade

• DLI lottery is only run for rising kindergarteners; and
• CATA, UCEC, and IBPP are only run for rising 9th graders.

• The family is moving into UCPS and is coming from a school with a similar program.
• The family is moving into UCPS from a country where the language of the DLI program is the native language (DLI only).
• There is space in the program where the family wishes to enroll (DLI, IB, and IBPP only).

Programs Within Schools

The Board expects that all student records will be current and maintained with appropriate measures of security and confidentiality. The principal is responsible for meeting all legal requirements pertaining to the maintenance, review and release of records retained at the school.

A. Annual Notification of Rights

The Superintendent/designee is responsible for providing parents or eligible students (those at least 18 years old or married) with annual notification of their rights under the Family Educational Rights and Privacy Act (FERPA). The notice must contain all information required by federal law and regulations, including the following:

1. the right to inspect and review the student’s educational records and the procedure for exercising this right;

2. the right to request amendment of the student’s educational records that the parent or eligible student believes to be inaccurate, misleading or in violation of the student’s privacy rights, and the procedure for exercising this right;

3. the right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent;

4. the type of information designated as directory information and the right to opt out of release of directory information;

5. that the school district releases records to other institutions that have requested the information and in which the student seeks or intends to enroll;

6. the right to opt out of releasing the student’s name, address and phone number to military recruiters or institutions of higher education that request such information;

7. a specification of the criteria for determining who constitutes a school official and what constitutes a legitimate educational interest if the school discloses or intends to disclose personally identifiable information to school officials without consent;

8. notification if the school system uses contractors, consultants, volunteers or similar persons as school officials to perform certain school system services and functions that it would otherwise perform itself; and

9. the right to file complaints with the Family Policy Compliance Office in the U.S. Department of Education.

The school district does not have to individually notify parents or eligible students of their rights, but must provide the notice in a reasonable manner likely to inform the parents and eligible students of their rights. Effective notice must be provided to parents or eligible students who are disabled or whose primary or home language is not English.

B. Definitions

1. Parent - parent includes a guardian or an individual acting as a parent in the absence of a parent or guardian. If the parents of a student are separated or divorced, both parents have access to the student’s records as provided in this policy, unless the school district has been provided with evidence that there is a court order, state statute, or legally binding document that specifically revokes these rights.

2. Eligible student - a student who has reached 18 years of age or is attending an institution of postsecondary education. The rights afforded to parents under this policy transfer to an eligible student. However, parents may still have access to the records as long as the student is “dependent” (i.e., claimed by the parent for federal income tax purposes). Eligible students wishing to prevent access to records by their parents must furnish to the principal/designee information verifying that the student is not a dependent of his/her parents. If a parent of a student who is at least 18 and no longer attending a school within the district wishes to inspect and review the student’s records, he/she must provide information verifying that the student is a dependent for federal income tax purposes.

A student under age 18 may have access to student records only upon consent of his/her parents.

C. Classification and Maintenance of Records

1. Cumulative Records

The cumulative record is the official record for each student. The cumulative record includes student identification information, such as the student’s name, address (or a homeless student’s living situation), sex, race, birthplace, and birth date; family data including the parents’ names, addresses, work and home telephone numbers, and places of employment; academic work completed; grades; standardized test scores; health screenings and immunization documentation; attendance records; withdrawal and reentry records; long-term suspension and expulsion records; honors and activities; class rank; date of graduation; and follow-up records.

2. Discipline Records

Long term suspension and expulsion records are part of the student’s official record and must be maintained and reviewed according to state law. These discipline records must be expunged and forwarded pursuant to the requirements of law.

3. Records of Students with Disabilities

Students with recognized disabilities must be accorded all rights in regard to their records as provided by state and federal law, including the Individuals with Disabilities Education Act. Records for a student identified as a student with a disability are considered part of the student’s official records and must be maintained in accordance with all appropriate federal and state regulations. Access to these records will be restricted to personnel having specific responsibility in this area. A list of all approved personnel having access to these restricted files will be updated as needed, and a current, dated list will be posted in the student records location.

4. Records of Missing Children

Upon notification by a law enforcement agency or the North Carolina Center for Missing Persons of a child’s disappearance, the school shall flag the record of any child who is currently or who was previously enrolled in a school and who is reported as missing. If the missing child’s record is requested by another school system, the principal shall provide notice of the request to the Superintendent and the agency that notified the school that the child was missing. The principal/designee shall provide the agency with a copy of any written request for information concerning the missing child’s record. Any information received indicating that a student transferring into the system is a missing child must be reported to the Superintendent and the North Carolina Center for Missing Children.

5. Records Received from the Department of Social Services

The Department of Social Services may disclose confidential information to the school system in order to protect a juvenile from abuse or neglect. Any confidential information disclosed under these circumstances must remain confidential and may only be redisclosed for purposes directly connected with carrying out the school system’s mandated educational responsibilities.

6. Records of Students Participating in the North Carolina Address Confidentiality Program

Records of students participating in the North Carolina Address Confidentiality Program must show only the substitute address provided by the Address Confidentiality Program and must not be released to any third party other than a school to which the student is transferring, or as otherwise provided by law. When transferring the record of a student participating in the North Carolina Address Confidentiality Program to a school outside of the system, the transferring school may send the files to the Address Confidentiality Program participant (parent or guardian) via the substitute address provided by the Address Confidentiality Program.

7. Records of Military Children

School administrators shall comply with any regulations pertaining to the records of military children developed by the Interstate Commission on Educational Opportunity for Military Children.

In addition, children of military families, are entitled to the following.

1. For Students Leaving the School System

In the event that official education records cannot be released to the parents of military children who are transferring away from the school system, the custodian of records shall prepare and furnish to the parent a complete set of unofficial education records containing uniform information as determined by the Interstate Commission.

When a request for a student’s official record is received from the student’s new school, school officials shall process and furnish the official records to the student’s new school within 10 days or within such time as is reasonably determined by the Interstate Commission.

2. For Students Enrolling in the School System

Upon receiving an unofficial education record from the student’s previous school, school administrators shall enroll the student and place him or her in classes as quickly as possible based on the information in the unofficial records, pending validation by the official records.

Simultaneous with the enrollment and conditional placement of the student, school administrators shall request the student’s official record from his or her previous school.

8. Juvenile Records

Juvenile records include documentation or information regarding students who are under the jurisdiction of the juvenile court. These records may be received from local law enforcement and/or other local agencies authorized to share information concerning juveniles in accordance with G.S. 7B-3100.

These records also may include notice from the Sheriff to the Board that a student has been required to register with the Sheriff because the student has been found to be a danger to the community under G.S. Chapter 14, Part 4.7. Any information received from law enforcement or the Department of Juvenile Justice and Delinquency Prevention regarding a felony charge or placement on the sex offender registry will be maintained in a separate, confidential location by the school principal. The principal shall not make a copy of such documents under any circumstances.

Juvenile records will be used only to protect the safety of or to improve the educational opportunities for the student or others. The principal may share juvenile records with individuals who have (a) direct guidance, teaching, or supervisory responsibility for the student and (b) a specific need to know in order to protect the safety of the student and/or others. Persons provided access to juvenile records must indicate in writing that they have read the document(s) and agree to maintain confidentiality of the records.

The records shall be destroyed once the principal is notified that the court no longer has jurisdiction over the student or if the court grants a petition for expunction of the records. The principal or designee shall destroy all other information received from an examination of juvenile records when he or she finds that the information is no longer needed to protect the safety of or to improve the educational opportunities for the student or others. If the student graduates, withdraws from school, transfers to another school (particularly to those outside of the district), is suspended for the remainder of the school year, or is expelled, the principal shall return all documents not destroyed to the juvenile court counselor. If the student is transferring, the principal shall provide the juvenile court counselor with the name and address of the school to which the student is transferring.

9. Other Student Records

School system personnel may also keep other student records but must review such records annually and destroy them when their usefulness is no longer apparent or when the student leaves the school system.

a. Sole Possession, Employment, and Law Enforcement Records

Student records do not include, and release of information under this policy does not apply to:

i. records made by teachers, counselors, and administrators that are in the sole possession of the maker thereof and that are not accessible or revealed to any other person except a substitute;

ii. employment records of student employees if those records relate exclusively to the student in his or her capacity as an employee and are not made available for any other use; and

iii. records created by a law enforcement unit of the school system if created for a law enforcement purpose and maintained solely by the law enforcement unit of the school system. This does not include information obtained from the student’s confidential file or other educational records that is contained in a law enforcement record.

D. Review, Release of Records to Parent, Guardian or Eligible Student

A parent or eligible student will be allowed access to the student's records upon proper request. A formal review of a student's complete records will be conducted only in the presence of the principal/designee and must be conducted within 45 days of the written request. School personnel will not destroy any educational records if there is an outstanding request to inspect or review the records.

A parent or eligible student has the right to challenge an item in the student record believed to be inaccurate, misleading or otherwise in violation of the student’s privacy rights. The principal/designee shall examine a request to amend the student record and respond in writing to the person who challenges the record. If the final decision is that the information in the record is not accurate, misleading or otherwise in violation of the privacy rights of the student, the principal/designee shall inform the parent or eligible student of the right to place a statement in the record commenting on the contested information in the record or stating why s/he disagrees with the decision of the school system.

E. Release of Records to Others

Before releasing or disclosing records as permitted by law, school officials shall use reasonable methods to identify and authenticate the identity of the party to whom the records are disclosed.

1. Release/Disclosure with Parental Consent

School officials shall obtain written permission from a parent or eligible student before releasing or disclosing student records that contain personally identifiable information, except in circumstances where the school system is authorized by law to release the records without such permission. The written permission must specify the records to be released, the purpose of the release, and the party(ies) to whom they are to be released.

2. Release/Disclosure without Parental Consent

Student’s records will be released promptly when a student transfers to another school and in other circumstances specifically permitted by law. Student’s official record will also include notice of any suspension for a period of more than 10 days (6 days for Condensed Academic Terms) or of any expulsion under General Statute 115C-391 and the conduct for which the student was suspended or expelled. Written permission by a parent or eligible student is required for the release of a student's records in any other circumstance. Such release must specify the records to be released, the purpose of the release and to whom they are to be released.

The records custodian may release or disclose records with personally identifiable information without parental permission to the extent permitted by law, including to other school officials who have a legitimate educational interest in the records.

Personally identifiable information from a student’s record may be released or disclosed to someone other than a parent or eligible student without prior written consent of the parent or eligible student only as specifically provided by federal law. Except as otherwise permitted by federal law, when personally identifiable information from a student’s record is released or disclosed to someone other than a parent or eligible student without their written consent, the party to whom the information is released must agree not to disclose the information to any other party without the prior written consent of the parent or eligible student.

The Superintendent shall employ reasonable methods to ensure that teachers and other school officials obtain access only to those educational records in which they have legitimate educational interests.

3. Directory Information

Directory information on students may be utilized by the school district, individual schools or organizations and parental permission is not required for the release of directory information provided that the parent or eligible student has received proper notice and opportunity to opt out. The following information is considered to be directory information:

1. student's name

2. address

3. telephone listing

4. date and place of birth

5. participation in officially recognized activities and sports

6. weight and height of members of athletic team

7. dates of attendance

8. diplomas, certification and awards received

9. electronic mail address

10. photograph

11. grade level

12. most recent previous school or education at institution attended by the student

13. pictures or videos taken on buses, school grounds, in school buildings and at school activities unless the picture or video may reveal confidential information about a student

The telephone number and actual address of a student who is or whose parent is a participant in the North Carolina Address Confidentiality Program is not considered directory information and will not be released except as required by law.

Information about a homeless student’s living situation is not considered directory information and will not be released.

The Board strongly discourages the release of directory information to any outside organizations which have requested the information for their own purposes, including commercial organizations. Decisions to provide directory information to outside organizations must be approved by the Superintendent/designee.

As required by law, the names addresses and telephone numbers of secondary school students shall be released, upon request, to military recruiters or institutions of higher learning, whether or not such information is designated as directory information by the school system. Students and/or their parents, however, may request that the student’s name, address and telephone number not be released without prior written parental consent. Through the provision of a copy of this policy parents are notified of the option to make a request and that the school system shall comply with any requests made.

Students or their parents, however, may request that the student’s directory information not be released without parental consent. Such request should be made in writing annually to the school principal within the first month of school.

4. Withholding of Records

Records cannot be withheld from a valid request by a parent, eligible student or school for any reason, including in order to collect fines assessed to the parent or student.

5. Records of Students with Disabilities

Students with recognized disabilities must be accorded all rights in regard to their records as provided by state and federal law, including the Individuals with Disabilities Education Act.

6. Disclosure of De-Identified Information

Education records may be released without consent of the parent or eligible student if all personally identifiable information has been removed. Personally identifiable information includes both direct and indirect identifiers that, alone or in combination, would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty. Unless specifically permitted by law, records that have been de-identified must not be released without the consent of the parent or eligible student if school officials reasonably believe that the person requesting the information knows the identity of the student to whom the education record relates.

F. Procedures to Expunge a Discipline Record

To have a suspension of greater than ten days (6 days for condensed academic terms) or an expulsion expunged from a student’s official record, one of the following persons must submit a written request to the Superintendent or his/her designee:

1. The student’s parent, legal guardian, or custodian; or

2. The student, if the student is at least 16 years old or is emancipated.

The Superintendent/ designee shall expunge from the record the notice of suspension or expulsion if the following criteria are met:

1. The student either graduates from high school or is not expelled or suspended again during the two year period commencing on the date of the student’s return to school after the expulsion or suspension.

2. The Superintendent/designee determines that the maintenance of the record is no longer needed to maintain safe and orderly schools.

3. The Superintendent/designee determines that the maintenance of the record is no longer needed to adequately serve the child.

In the absence of a request as outlined above, the Superintendent may expunge from a student’s official record any notice of suspension or expulsion provided all of the above criteria are met.

G. Record of Access

                   INSURANCE FOR STUDENT TRANSPORTATION                   4-15

No school bus, activity bus, or other school-owned vehicle will be operated without state or locally purchased insurance to cover bodily injury and property damage.  School buses will not be used for any purpose or any circumstance not covered by the State Tort Claims Act unless liability insurance has been purchased to cover such purpose or circumstance.  Only activity buses or other vehicles meeting federal safety standards may be used for approved school-related activities.  The superintendent or designee and principals are responsible for monitoring compliance with this policy.

In order to be covered by the State Tort Claims Act, school bus drivers will be paid at least in part from state funds.  If no state funds are used, insurance will be purchased to cover bodily injury and property damage.

LEGAL REF.:          49 U.S.C. § 30125, 30165; G.S. 115C-239, -242; G.S. 20-280; G.S. 115C-42, -47(25), - 239, -258, -258, -259; G.S. 143-291 et. seq.; Memorandum to All Superintendents from Eddie M. Speas, Jr., Special Deputy Attorney General, January 14, 1988

CROSS REF.:           Board Policy 2-12, Insurance

UNION COUNTY BOARD OF EDUCATION

APPROVED:            1/4/00

REVISED:                 11/9/06

REVISED:                 6/5/12

Student transportation services will be made available in a manner consistent with board goals. The first priority is to provide transportation to and from school to eligible students.

Other transportation services may be made available as funding permits and in accordance with the legal requirements and board policy, including the following:

•         state operated school buses may be used for instructional programs directly related to the curriculum when the trip and use of the bus are approved in accordance with board policy;

•         school buses may be used only for purposes expressly allowed by G.S. 115C-242;

•         school buses may not be used for athletic activities or extracurricular activities;

•         activity buses and other vehicles meeting federal safety standards may be used for approved school-related activities as local funding permits;

•         students will not be transported in personal vehicles except in exigent circumstances and when driven by an administrator with another staff member present;

•         in addition to students receiving regular school bus safety training, safety instruction will be provided to students traveling on activity buses or commercial buses as needed;

•         the board encourages the superintendent and principals to provide transportation services to enable students at risk of not meeting promotion standards to take advantage of additional enhanced opportunities for learning.

The board may authorize special uses of school buses as provided by G.S. 115C-242 and 115C-243. The superintendent shall present to the board any requests for special uses and the statutory support for allowing such authorization.

A student who is identified as having special needs following procedures in the North Carolina Policies Governing Services for Children with Disabilities will be provided with transportation services as required by law. When the school system’s transportation services are unable to provide transportation for special needs students, the board may contract with public or private carriers to provide this service.

LEGAL REF.: Individuals with Disabilities Education Act, 20 U.S.C. 1400 et. seq. Policies Governing Services for Children with Disabilities; 49 U.S.C. § 30125, 30165; G.S. 115C-239 -242, -243, -247,-254; G.S. 66-58(c)(9a) and (9b) State Board of Education Policies GCS-D-000, TCS-H-000, -006; Memorandum to All Superintendents from Eddie M. Speas, Jr., Special Deputy Attorney General, January 14, 1988

CROSS REF.: Board Policy 5-16, School Trips

UNION COUNTY BOARD OF EDUCATION

APPROVED: 7/11/00

REVISED: 11/9/06

REVISED: 9/4/12

REVISED: 4/14/15

                                          STUDENT DRESS AND APPEARANCE                              4-17

The board believes that the dress and personal appearance of students greatly affect their academic performance and their interaction with other students.  The board requests that parents outfit their children in clothing that will be conducive to learning.  The principal of each school, with the assistance of the site-based team and other relevant groups, shall establish a student dress code for the school.  Dress must not disrupt the learning environment, cause destruction of school property, or be a hazard to the health and safety of students. Before being punished for a first dress code violation or minor infraction, a student who is not in compliance with this policy or a school dress code will be given a reasonable period of time to make adjustments so that he or she will be in compliance. The school-based dress code shall:

·         Respect all relevant student rights;

·         Be specific as to the nature of prohibited dress and/or appearance;

·         Specify a reasonable level of consequences for offenses;

·         Provide for exceptions when religious, health, financial, or cultural needs of the family conflict with the dress code;

·         Establish a school-based appeals process.

·         Be reviewed annually; and 

·         Be placed in the student handbook on an annual basis.

However, the board prohibits appearance or clothing that does the following:

1. violates a reasonable dress code adopted and publicized by the school;
2. is substantially disruptive;
3. is provocative or obscene; or
4. endangers the health or safety of the student or others. 

*If the principal determines on reasonable suspicion that garments or other items are gang related, the principal can ban the wearing or display of such items after giving verbal and written notice to students.  (See Policy 4-3(c) III, 1.)

LEGAL REF.:           115C-36, -47, -288, -307, -390, -391, -392

CROSS REF.:           Board Policy 4-3(c), Prohibition of Gangs and Gang Activities

UNION COUNTY BOARD OF EDUCATION

APPROVED:             5/7/02

REVISED:                 6/15/04

REVISED:                 6/23/09

REVISED:                 7/7/15

1. Parent - parent includes a guardian or an individual acting as a parent in the absence of a parent or guardian. If the parents of a student are separated or divorced, both parents have access to the student’s records as provided in this policy, unless the school district has been provided with evidence that there is a court order, state statute, or legally binding document that specifically revokes these rights.

 

2. Eligible student – is a student who has reached 18 years of age or is attending an institution of postsecondary education. The rights afforded to parents under this policy transfer to an eligible student. However, parents may still have access to the records as long as the student is “dependent” (i.e., claimed by the parent for federal income tax purposes). Eligible students wishing to prevent access to records by their parents must furnish to the principal/designee information verifying that the student is not a dependent of his/her parents. If a parent of a student who is at least 18 and no longer attending a school within the district wishes to inspect and review the student’s records, he/she must provide information verifying that the student is a dependent for federal income tax purposes.

The school system must obtain prior consent of a parent or eligible student before the student is required to participate in any Department of Education-funded survey, analysis or evaluation that reveals information concerning the following “protected topics”:

1. political affiliations or beliefs of the student or the student’s parent;

2. mental or psychological problems of the student or the student's family;

3. sex behavior and attitudes;

4. illegal, antisocial, self-incriminating and/or demeaning behavior;

5. critical appraisals of other individuals with whom respondents have close family relationships;

6. legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;

7. religious practices, affiliations, or beliefs of the student’s parent; or

8. income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

Parents will be informed by the school at the beginning of the year of any survey instrument being distributed to students of which they are aware, however at the very least no fewer than ten-10 days in advance. Such notification will include information regarding students’ rights in not answering questions related to the eight-(8) above items and safeguards to protect student privacy should the survey instrument include any of those items. Collection, disclosure, or use of directory information of students and/or parents will not be for purposes of marketing or selling beyond the school community (i.e. PTSA, Booster Clubs, Student Council, etc.). The school system will take measures to protect the identification and privacy of students participating in any survey concerning any of the protected topics.

 

Parents may inspect, upon request, any survey instrument created by a third party before the survey is administered or distributed to students. Parents may opt for their students not to participate in such surveys. Parents may also inspect such survey instruments after they are administered.

The school system generally will not collect, disclose or use personal student information for the purpose of marketing or selling the information or otherwise providing the information to others for that purpose. However, the school system may collect such information from students if the information is used for the exclusive purpose of developing, evaluating, or providing educational products or services for or to students or educational institutions, such as the following:

1. college or other postsecondary education recruitment or military recruitment;

2. book clubs, magazines and programs providing access to low-cost literary products;

3. curriculum and instructional material used by elementary schools and secondary schools;

4. tests and assessments used by elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments;

5. the sale by students of products or services to raise funds for school-related or education-related activities; and

6. student recognition programs.

If the school system collects such information from students for the purpose of marketing or selling the information to develop, evaluate, or provide educational products or services as described above, upon request, parents may inspect any instrument used to collect the information before it is administered or distributed to a student.

                                                FOOD ALLERGENS POLICY                                  4-19

The Union County Board of Education recognizes the increasing frequency and intensity of allergic reactions to foods by certain students and the impact these reactions may have on all children in the educational environment. While it is not possible for the district to eliminate totally the risk of exposure of students with life­threatening allergies to certain foods, the Union County Public Schools (UCPS) will:

Make reasonable efforts to promote and protect the health of children in school by providing food choices that are safe as well as nutritious; and

Provide environments that reduce the risk of ingestion or contact with foods that trigger allergic reactions for students with known life-threatening food allergies.

The Superintendent will adopt administrative guidelines for how the district will develop appropriate accommodations for students with life-threatening allergies to foods.

LEGAL REF.:          42 U.S.C. 12183(b) Americans with Disabilities Act 1973                                                Rehabilitation Act Section 504

                                    20 U.S.C. 1232g Family Education Rights and Privacy Act

                                    20 U.S.C. § 1400 et.seq.

                                    G.S. 115C-47 (22); 115C-263; 115C-288

CROSS REF.:           Board Policy 4-20, Student Wellness

UNION COUNTY BOARD OF EDUCATION

APPROVED:            2/7/06

REVISED:                 6/5/12

a. The health care plan may contain the following provisions, as appropriate:

i. A special diet approved by Child Nutrition Services           

ii. In elementary schools, the requirement that the child's teacher supervise students in the child's class in washing their hands before and after eating.

iii. The provision of information to students in the child's class and their parents regarding the dangers presented by the inclusion of foods containing the identified allergen in lunches or snacks brought to school;

iv. Strict enforcement of Administrative Guidelines regarding the use of only commercially-prepared foods, with complete ingredient labels, for students to share during classroom events;

v. Restrictions on the kinds of duties assigned to the child (such as cleaning off tables in the classroom or the cafeteria);

vi. In elementary schools, storing lunch boxes of other students in the child's class outside of the classroom.

b. Schools for students who have provided documentation of a life-threatening food allergy will provide a table/zone in the cafeteria that is to be kept free of the types of allergen(s) that impact the identified student(s) (e.g. allergen free table/zone).

 

c. School staff, designated by the principal, will be made aware of the child's emergency plan and trained to recognize the symptoms of and respond to an allergic reaction.

 

d. Consistent with state and federal law, Union County Public Schools will train those members of a school staff who (1) are designated as first responders and/or (2) have on-going contact with the involved student in the use of the medication (e.g., Epi¬-pens) that the student's doctor has prescribed and the student's family has provided to accompany the student each day to school.

 

The Board will appoint a School Health Advisory Council (SHAC) to help plan, implement, and monitor this policy as well as other health and nutrition issues within the district. The SHAC will serve as an advisory committee regarding student health issues.

The SHAC will:

• Meet at least four (4) times per year;

• Develop a 3 year action plan and share the plan with stakeholder groups;

• Review the action plan annually and revise as necessary;

• Conduct an assessment using a research based tool; and

• Complete the Annual Healthy Active Children Compliance Survey.

The SHAC will be composed of school district, local health department, and community representatives to provide information in the following eight areas: safe environment, physical education, health education, staff wellness, health services, mental and social health, nutrition services and parent/family involvement. Of those appointed to the SHAC, there will be at least one person from each of the following groups: Board, school district administrator, local health department, local mental health, district food service representative, student, parent/guardian (not employed by the school system), and member of the public.

 

The SHAC will provide periodic reports to the Board regarding the status of its work. In addition, the SHAC will assist the Superintendent/designee in creating an annual report which includes the minutes of physical activity and the minutes of physical education and/or healthful living education received by students in the district each school year and any other information required by the State Board of Education.

 

 

The Board believes that promoting student health and nutrition enhances readiness for learning and increases student achievement. The goals of nutrition education are (1) to provide appropriate instruction for the acquisition of behaviors which contribute to a healthy lifestyle for students and (2) to teach, encourage, and support healthy eating by students.

 

The Board will provide nutrition education within the Healthful Living Standard Course of Study and Grade Level Competencies adopted by the State Board of Education. Nutrition education will provide all students with the knowledge and skills needed to lead healthy lives. Students should learn to address nutrition-related health concerns through age-appropriate nutrition education lessons and activities.

 

Nutrition education should extend beyond the school environment by engaging and involving families and communities. School district personnel may coordinate with agencies and community organizations to provide opportunities for appropriate student projects related to nutrition. School district personnel will work to disseminate consistent nutrition messages throughout the school district, schools, classrooms, cafeterias, homes, community, and media.

The goal of the physical education program is to promote lifelong physical activity and provide instruction in the skills and knowledge necessary for lifelong participation in physical activity. To address issues such as obesity, cardiovascular disease, and Type II diabetes, students enrolled in kindergarten through eighth grades will participate in physical activity as part of the district’s physical education curriculum. The physical education course will foster support and guidance for being physically active, will help students know and understand the value of being physically fit, and will teach students the types of activities that contribute to total fitness. The course will be taught in an environment where students can learn, practice, and receive assessment on age- appropriate skills as defined in the North Carolina Healthful Living Standard Course of Study.

 

Schools will strive to provide opportunities for age- and developmentally-appropriate physical activity during the day for all students, so that students can learn to exhibit a physically active lifestyle. A minimum of 30 minutes of moderate to vigorous physical activity will be provided daily by schools for kindergarten through eighth-grade students. Such activity may be achieved through a regular physical education class, recess, dance, classroom energizers and/or other curriculum-based physical activity programs. The principal will work with teachers to ensure that students meet the minimum physical activity requirement.

 

To ensure that students have ongoing opportunities for physical activity and maintain a positive attitude towards physical activity, structured/ unstructured recess and other physical activity shall not be taken away from students as a form of punishment.

Consistent with the Healthy Hunger Free Kids Act of 2010 and North Carolina State Board of Education Policy 6200, Goals of Student Food Services, all foods available in the district’s schools during the school day will be offered to students with consideration for promoting student health, reducing childhood obesity, providing a variety of nutritional meals, and promoting life-long healthy eating habits.

 

Foods provided through the National School Lunch or School Breakfast Programs will comply with federal nutrition standards. In addition, food selections will be consistent with statewide nutrition standards established by the State Board of Education.

 

Competitive foods must meet USDA SMART Snack in School Nutrition Standards and State Board of Education nutrition standards as well as nutrition standards established by the Superintendent pursuant to North Carolina State Board of Education Policy. In addition, all vending machine sales will comply with the requirements of G.S. 115C-264.2 and Eat Smart: North Carolina’s Recommended Standards for All Foods in Schools. Competitive foods are defined as foods offered at school other than through the National School Lunch or School Breakfast Programs including food, snacks, and beverages from a la carte menus, vending machines, and outside suppliers.

In addition to the aforementioned standards, the Board adopts the following goals for school-based activities designed to promote wellness:

 

• District schools will provide a clean and safe meal environment.

• Students will be provided adequate time to eat meals.

• Drinking water will be available at all meal periods and throughout the school day.

• Professional development will be provided for district nutrition staff.

• To the extent possible, the district will utilize available funding and outside programs to enhance student wellness.

• Withholding of food will not be used in the schools as a punishment.

• As appropriate, the goals of this student wellness policy will be considered in planning all school-based activities.

• Administrators, teachers, food service personnel, students, parents/guardians, and community members will be encouraged to serve as positive role models to promote student wellness.

The director of School Nutrition Services will ensure that school district guidelines for reimbursable meals are not less restrictive than regulations and guidelines issued for schools in accordance with federal law.

 

The Board and staff believe that promoting mental health and meeting the mental health needs of students not only increases student achievement, but also enhances school safety.

The Board adopts the following goals for school-based activities designed to promote mental health:

• Continue to enforce a “No Bullying Policy”

• Continue to address mental health issues at all grade levels, K-12

• Continue to address special health care needs consideration by nurse, counselors, etc.

• Continue to initiate early intervention programs dealing with:

-alcohol

-drug

-mental/health

• Continue staff development to help personnel identify students with academic difficulties (Teacher Assistance Team)

• Continue the Employee Assistance Program provided for all county employees

• Continue counselor training to inform counselors of psychological services available outside of the school system

• Continue staff development by counseling staff to train school personnel on prevention activities relating to mental health and behavioral issues.

• Make available to school personnel school-sponsored health promotion/wellness programs

The Superintendent/designee will be responsible for overseeing implementation of this policy and monitoring district schools, programs, and curriculum to ensure compliance with this policy, related policies, and established guidelines or administrative regulations. Each principal will report to the Superintendent regarding compliance in his/her school. Staff members responsible for programs related to student wellness also will report to the Superintendent regarding the status of such programs.

 

The Superintendent will annually report to the Board on the district’s compliance with laws and policies related to student wellness. The report may include the following items: