Code of Conduct Violations

Abuse

Actions or threats of actions which constitute verbal or physical abuse of any employee or volunteer of the school by a student or any other individual will not be tolerated. Appropriate measures necessary to correct these situations shall be taken by the school, including expulsion.

Academic Dishonesty

Students found to have engaged in academic dishonesty shall be subject to grade penalties on assignments or tests and disciplinary penalties in accordance with the Student Code of Conduct.

Academic dishonesty includes cheating or copying the work of another student; plagiarism; possessing, viewing, or distributing pictures, text messages, or e-mails of test content or answer keys; and unauthorized communication between students during an examination. The determination that a student has engaged in academic dishonesty shall be based on the judgment of the classroom teacher or other supervising professional employee, taking into consideration written materials, observation, or information from students.

Alcoholic Beverages

Alcoholic beverages are prohibited on school property at all times and at all school-sanctioned activities occurring on or off school property. Any student found to have sold, given, delivered, been in possession of, or been under the influence of any alcoholic beverage while in school or while a participant in or spectator of a school-sponsored event, shall be subject to disciplinary penalties in accordance with the Student Code of Conduct. An “alcoholic beverage” means any beverage containing alcohol, including wine or beer. A student is considered “in possession” if he or she has contact with the alcohol regardless of the amount of time it is in the student’s possession. If a student becomes in possession of alcohol, he or she needs to immediately inform an adult on campus. The smell of alcohol detectable on one’s breath is sufficient evidence to indicate being “under the influence.”

Bomb Threats

Any threat of this type will not be tolerated. A student making a bomb or terroristic threat will be subject to expulsion and dealt with to the full extent of the law. The school will notify the parent of each student at the campus if the school receives a bomb threat or terroristic threat relating to a campus or other school facility at which students are present.

Conduct While Riding in School Vehicles

The Campus Director shall take steps to maintain acceptable student conduct while riding a school vehicle. Students who fail to follow the behavioral standards described in this Handbook (see “Transportation,” p. 17) may be denied the privilege of school transportation. Parental involvement will be sought before a student is excluded from riding a school vehicle, except in situations involving a flagrant violation. Flagrant violations include fighting, gross insubordination, and other acts that may cause a safety hazard. It should be understood by all that the driver has the responsibility for maintaining order in his or her school vehicle. It is the duty of the Campus Director—not the driver—to exclude a student from riding a school vehicle. However, the driver is not prohibited from exercising reasonable judgment in order to protect other passengers from bodily harm.

Discrimination, Harassment, and Retaliation

Students learn best, and their welfare is best served, in a school-environment that is free of discrimination, dating violence, harassment, and retaliation. Students must not engage in harassing behavior directed toward another student. Students are expected to treat other students and school staff with courtesy and respect, to avoid any offensive behaviors known to be offensive, and to stop these behaviors when asked or told to stop.

ResponsiveEd has established policies and procedures to prohibit and promptly address inappropriate and offensive behaviors, including those that are based on a person’s race, color, religion, sex, national origin, disability, age, or any other basis prohibited by law. A copy of the ResponsiveEd policy is available in the Campus Director’s/Headmaster’s office and on the ResponsiveEd website. [See Policy PG-4.2.]

Dating Violence

Dating violence occurs when a person in a current or past dating relationship uses physical, sexual, verbal, or emotional abuse to harm, threaten, intimidate, or control the other person in the relationship or any of the person’s past or subsequent relationships. This type of conduct is considered harassment if it is so severe, persistent, or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; or substantially interferes with the student’s academic performance.

Harassment

Harassment, in general terms, is conduct so severe, persistent, or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; or substantially interferes with the student’s academic performance.

Sexual Harassment

Sexual harassment of a student by an employee, volunteer, or another student is prohibited. Consequently, romantic, sexual, and other inappropriate social relationships between students and district employees are prohibited, even if consensual.

Retaliation

Retaliation against a person who makes a good- faith report or participates in an investigation of discrimination, harassment, or dating violence is prohibited. Retaliation against a person who is participating in an investigation of alleged discrimination or harassment is also prohibited. A person who makes a false claim, offers false statements, or refuses to cooperate with a ResponsiveEd investigation, however, may be subject to appropriate discipline.

Reporting Procedures

Any student who believes that he or she has experienced dating violence, discrimination, harassment, or retaliation should immediately report the problem to a teacher, school counselor, Campus Director/Headmaster, or other ResponsiveEd employee. The report may be made by the student’s parent. The student may also report the alleged acts to one of the ResponsiveEd Compliance Coordinators below:

1. Reports of discrimination based on sex, including sexual harassment, may be directed to the Title IX Coordinator. The name, office address, telephone number, and e-mail of the Title IX Coordinator is Rosalinda Gonzalez at 1301 Waters Ridge, Lewisville, TX 75057; (972) 316-3663 ext. 238; and TitleIX@responsiveed.com.
2. Reports of discrimination based on disability may also be directed to the Executive Director of Special Education, Dyslexia, & 504 Services, Suzan Brown, at 1301 Waters Ridge, Lewisville, TX 75057; (972) 316-3663 ext. 359; specialeducation@responsiveed.com.

Upon receiving a report, ResponsiveEd will determine whether the allegations, if proven, constitute prohibited conduct as defined by ResponsiveEd policy. If not, ResponsiveEd will refer to ResponsiveEd policy to determine whether the allegations, if proven, constitute bullying, as defined by law and ResponsiveEd policy. If the alleged prohibited conduct also meets the statutory and policy definitions for bullying, an investigation of bullying will also be conducted.

ResponsiveEd will promptly notify the parent of any student alleged to have experienced prohibited conduct involving an employee or adult associated with ResponsiveEd. In the event alleged prohibited conduct involves another student, ResponsiveEd will notify the parent of the student alleged to have experienced the prohibited conduct when the allegations, if proven, would constitute a violation as defined by ResponsiveEd policy.

Investigation of Report

Allegations of prohibited conduct, which includes dating violence, discrimination, harassment, and retaliation, will be promptly investigated.

To the extent possible, ResponsiveEd will respect the privacy of the student. However, limited disclosures may be necessary to conduct a thorough investigation and comply with law.

If a law enforcement or other regulatory agency notifies ResponsiveEd that it is investigating the matter and requests that ResponsiveEd delay its investigation, ResponsiveEd will resume its investigation at the conclusion of the agency’s investigation.

During the course of an investigation and when appropriate, ResponsiveEd will take interim action to address the alleged prohibited conduct.

If the investigation indicates that prohibited conduct occurred, appropriate disciplinary action and, in some cases, corrective action will be taken to address the conduct. ResponsiveEd may take disciplinary and corrective action even if the conduct was not unlawful.

All involved parties will be notified of the outcome of the investigation within the parameters and limits allowed under the Family Educational Rights and Privacy Act (FERPA).

A student or parent who is dissatisfied with the outcome of the investigation may appeal in accordance with ResponsiveEd policy.

Disruptive Activity

In order to protect student safety and sustain an educational program free from disruption, state law permits the school to take action against any person— student or non-student—who:

1. interferes with the movement of people in an exit, an entrance, or a hallway of a school building without authorization from the Campus Director;
2. interferes with an authorized activity by seizing control of all or part of a building;
3. uses force, violence, or threats in an attempt to prevent participation in an authorized assembly;
4. uses force, violence, or threats to cause disruption during an assembly;
5. interferes with the movement of people at an exit or an entrance to school property;
6. uses force, violence, or threats in an attempt to prevent people from entering or leaving school property without authorization from the Campus Director;
7. disrupts the conduct of classes or other school activities while on school property or on public property that is within 500 feet of school property (disruption includes making loud noises; enticing, attempting to entice, preventing, or attempting to prevent a student from attending a required class or school activity; entering a classroom without the consent of either the Campus Director or the teacher and, through either acts of misconduct or the use of loud or profane language, disrupting class activities); or
8. interferes with the transportation of students in school vehicles.

Drug-Free School Notice

ResponsiveEd believes that student use of illicit drugs is both wrong and harmful. Consequently, the school prohibits the use, sale, possession, or distribution of illicit drugs by students on school premises or any school activity, regardless of its location. The school also prohibits the use, sale, possession, or distribution of look-alike substances and/or synthetic substances designed to imitate the look and/or effects of illicit drugs, and the possession, use, sale, or distribution of any paraphernalia related to any prohibited substance. Student violators are subject to possible prosecution, as allowed by law, as well as the disciplinary terms of the Student Code of Conduct.

Electronic Equipment in the Classroom

Students may only use audio visual or electronic equipment in the classroom with permission of the teacher. These items include, but are not limited to, audio or video recording equipment. The school is not responsible for the damage, loss, or theft of these items.

Exposure

Inappropriate exposure of body parts, even without any sexual intent, is a serious offense and will be subject to disciplinary action.

Freedom from Bullying and Cyberbullying

Bullying, as well as retaliation against anyone involved in the complaint process, is prohibited. Bullying is defined as a single significant act or pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves engaging in written or verbal expression, including through electronic means or physical conduct, that in the judgment of the Campus Director:

1. is sufficiently severe, persistent, or pervasive enough to create an intimidating, threatening, or abusive educational environment for the student;
2. has the effect or will have the effect of physically harming a student, damaging a student’s property, or places a student in reasonable harm to their person or of damage to the student’s property;
3. materially and substantially disrupts the educational process, the orderly operation of a classroom or school; or
4. infringes on the rights of the victim at school.

Bullying also includes cyberbullying, which means bullying that is done through the use of any electronic communication device, including through the use of a cellular or other type of telephone, a computer, a camera, e-mail, instant messaging, social media applications, text messaging, and internet-based communication tools and internet websites.

The school’s bullying policy applies to:

1. bullying that occurs on or is delivered to school property or to the site of a school-sponsored or school-related activity on or off school property;
2. bullying that occurs on a publicly or privately owned school bus or vehicle being used for transportation of students to or from school, or a school-sponsored or school-related activity; and
3. cyberbullying that occurs off school property or outside a school-sponsored or school- related event, if the conduct interferes with a student’s educational opportunities or substantially disrupts the operations of a school, classroom, or school-related activity.

Reporting

If a student believes that he or she has experienced any form of bullying or believes that another student has experienced bullying, he or she should immediately report the alleged acts to a teacher, school office staff, the Campus Director, or another district employee as soon as possible to obtain assistance and intervention. A report can be made verbally, online, or in writing, and can be submitted anonymously. Any school employee who receives notice that a student has or may have experienced bullying shall immediately notify the Campus Director. The Campus Director or designee will provide notice of the alleged incident to the parent of the victim and of the student who is alleged to have engaged in the bullying. Available counseling options will be provided to the individuals, as well as to any students who have been identified as witnesses to the bullying. Any retaliation against a student who reports an incident of bullying is prohibited.

Investigation of Report

The Campus Director or designee will investigate any allegations of bullying or other related misconduct. The Campus Director or designee shall determine whether the allegations in the report, if proven, constitute harassment and, if so, proceed under that policy instead. The Campus Director or designee shall conduct an appropriate investigation based on the allegations in the report and shall take prompt interim action calculated to prevent bullying during the course of investigation, if appropriate. The Campus Director or designee shall prepare a written report of the investigation, including a determination of whether bullying occurred.

If the results of an investigation indicate that bullying has occurred, the Campus Director will take appropriate action, including disciplinary or corrective action reasonably calculated to address the conduct and in accordance with the Student Code of Conduct. Disciplinary or other action may be taken even if the conduct did not rise to the level of bullying. A student who receives special education services will be subject to disciplinary action for conduct meeting the definition of bullying or cyberbullying within applicable requirements under state and federal law, including the IDEA. A student will not be subject to disciplinary action if the results of the investigation indicate that a student involved in a bullying incident engaged in reasonable self-defense in response to bullying. To the greatest extent possible, the school will respect the privacy of the students involved in the report, including witnesses. Limited disclosures may be necessary to conduct the investigation.

Appeal

The student or parent may appeal the decision regarding the outcome of the investigation in accordance with Board Policy.

Gambling

Students are forbidden to gamble in a school building or on school property.

Gang-Free Zones/Gang Activity

Any student found to have engaged in organized criminal activity, gang-related, and other criminal acts will be subject to appropriate disciplinary action. Student behavior considered to be “gang related” will not be tolerated at school or at any school activity regardless of the location of the activity. This includes, but is not limited to, articles of clothing, hand signs, graffiti, and any other behaviors considered by the administration to interfere with the educational program of the school.

Harmful Drugs

The use of “Harmful Drugs” poses a serious threat to the physical, psychological, and emotional health of individuals, their families, and their communities. In recognition of this fact, the school enforces this policy.

The term “Harmful Drugs” includes, but is not limited to, all those substances considered to be marijuana, dangerous drugs, narcotics, depressants, stimulant substances, controlled substances, and simulated controlled substances listed in the state and federal codes covering the possession, sale, and use of such controlled substances, drugs, and narcotics. The term also includes all forms and species of the plant substance known as marijuana as well as any abusable chemical substance used for inhalation such as glue, aerosol paint, thinners, etc. A Harmful Drug includes an over-the-counter drug or prescription drug if the student is misusing or abusing the drug or medication and it causes impairment of the physical or mental faculties.

Any student found to have had a Harmful Drug in his or her possession, or found to have been under the influence thereof while in school or while a participant in or spectator at a school-sponsored event, shall be subject to disciplinary penalties in accordance with the Student Code of Conduct. A student is considered “in possession” if he or she has contact with a Harmful Drug regardless of the amount of time it is in the student’s possession. If a student becomes in possession of a Harmful Drug, he or she needs to immediately inform an adult on campus. Those students involved in selling or distributing a Harmful Drug while in school or while a participant in or spectator at a school-sponsored event will be subject to disciplinary penalties in accordance with the Student Code of Conduct. Other sanctions may include completion of a drug rehabilitation program or referral for prosecution.

A student may not keep in his or her possession any medication, even medication for which he or she has a prescription (see “Medication Policies”). Failure to comply may result in Level II discipline. The only exception to this policy is doctor-prescribed asthma medication (see “Asthma and Anaphylaxis Medication”).

Hazing

Texas laws prohibit students from engaging in, encouraging, aiding, or assisting in hazing. Hazing is defined as an intentional, knowing, or reckless act, on or off campus, by one person alone or acting with others, directed against a student for the purpose of pledging, initiation into, affiliation with, holding office in, or maintaining membership in a student organization, including:

1. any type of physical brutality;
2. an activity that subjects the student to an unreasonable risk of harm or that adversely affects the student’s mental or physical health, such as sleep deprivation, exposure to the elements, confinement to small spaces, calisthenics, or consumption of food, liquids, drugs, or other substances;
3. any activity that induces, causes, or requires the student to perform a duty or task that violates the Penal Code; and
4. coercing a student to consume a drug or alcoholic beverage in an amount that would lead a reasonable person to believe the student is intoxicated.

Hazing will not be tolerated by the school. If an incident of hazing occurs, disciplinary consequences will be handled in accordance with the Student Code of Conduct. It is a criminal offense if a person engages in hazing; solicits, encourages, directs, aids, or attempts to aid another in hazing; or has firsthand knowledge of an incident of hazing being planned or having occurred and fails to report this to the Campus Director.

Inappropriate Sexual Conduct

Inappropriate sexual conduct encompasses any inappropriate, indecent, or offensive act that implies, suggests, or involves contact of a sexual nature. Inappropriate sexual conduct is prohibited and is subject to disciplinary action under the Student Code of Conduct.

Interference with School Activities or Discipline

Any student whose conduct, whether in class or out, materially and substantially interferes with school activities, school-sponsored functions (whether on public or private property), or school discipline, or invades the rights of school staff or other students, shall be subject to disciplinary penalties in accordance with the Student Code of Conduct.

“Conduct” includes, but is not limited to, the following activities:

1. preparing, circulating, or presenting petitions;
2. displaying on or about his or her person, books, materials, locker or vehicle, symbols, arm bands, flags, pennants, signs, or other decorations; and
3. preparation, printing, publishing, or distributing any unauthorized publication, periodical, paper, pamphlet, magazine, or book.

Lockers: Security and Search

Lockers, if provided by the school, are purchased, furnished, and maintained by the school and remain the property of the school. The decision to assign lockers rests with the Campus Director. No charges are made for their use. Items of non-school nature should not be placed or kept in lockers as they are subject to inspection at any time without prior notice to or permission from students. A student has full responsibility for the security of the locker and is responsible for making certain that it is locked and that the combination is not available to others. Searches of lockers may be conducted at any time, whether or not the student is present.

Any student who shall place, keep, or maintain any article or material in a school-owned locker that is prohibited by the school or of a non-school nature, shall be subject to discipline.

Report to Law Enforcement for Conduct Constituting Assault or Harassment

A Campus Director may make a report to local law enforcement, if, after an investigation is completed, the Campus Director has reasonable grounds to believe that a student has engaged in conduct that constitutes an offense under Section 22.01 (assault) or 42.07(a)(7) (harassment, including harassment via electronic communications), of the Penal Code.

Reports to Law Enforcement of Criminal Conduct

Under state law, a Campus Director is required to notify local law enforcement if the Campus Director has reasonable grounds to believe that activities have occurred at school, on school property, or a school- sponsored or school-related activity on or off school property that constitutes deadly conduct as defined under the Penal Code; a terroristic threat as defined under the Penal Code; conduct that may be an offense subject to mandatory supervision; the use, sale, or possession of a controlled substance, drug paraphernalia, or marijuana, the possession of any weapon or device under 46.01 (1)-(14) or (16) of the Penal Code; conduct that may constitute a criminal offense under 71.02 of the Penal Code; or conduct that may constitute a criminal offense for which a student may be expelled under Texas Education Code 37.007(a), (d), or (e).

Respect for Others

Inappropriate verbal or physical behavior that is motivated due to race, ethnicity, culture, sex, or disabilities will not be tolerated and is subject to disciplinary action under the Student Code of Conduct.

School Property

A good citizen, among other things, takes pride in the care of school property, realizing that the appearance of the building and campus is a credit or discredit to him or herself, as well as to the student body in general.

Any student found to have intentionally, knowingly, or recklessly damaged or destroyed school property shall be subject to disciplinary measures. In addition, the school may seek restitution from the parent for damage to school property to the fullest extent permitted by state law.

Self-Defense

The privilege of self-defense is limited. A claim of self- defense in the use of physical force will not exempt a student from discipline when:

1. the student provokes, invites, or encourages the use of physical force by another person;
2. the student has an opportunity to avoid physical force or to inform school staff of the threatened use of force;
3. the student uses physical force after the other party abandons or attempts to abandon a fight or confrontation;
4. the student does not attempt to walk away from a confrontation; or
5. the student does not attempt to get help from school staff.

The student or parent may appeal the decision regarding the outcome of the investigation in accordance with Board Policy.

Social Media

Responsive Education Solutions’ social media sites are intended to serve as informational outlets for the community. Inaccurate, threatening and/or inappropriate posts including comments involving ResponsiveEd social media accounts or involving any social media account that is not an authorized account (including a social media account that appears to be related to ResponsiveEd or a school by using or referencing the ResponsiveEd name, any school name, references any school-sponsored activity or uses any ResponsiveEd or school mark, logo, or image) may be reported to the relevant social media provider and law enforcement authorities. ResponsiveEd students involved in such behavior are subject to disciplinary action.

Telecommunications or Other Electronic Devices

Students are prohibited from using any telecommunication devices, including cell phones or other electronic devices (unless otherwise issued by the school for the purpose of instruction), within a school building before or during school hours or on a school campus during school hours. Devices are to remain off during the school day, including during all testing. Devices that are on and/or cause a disruption during the school day will be confiscated. Any student refusing to give the device to school staff shall be subject to disciplinary penalties in accordance with the Student Code of Conduct. The campus is not responsible for damage that may occur to a confiscated device before it is picked up by a student or parent. Once a device has been taken up, the following procedure will be used to return the device.

1. First Confiscation: The device may be picked up by the student or parent no earlier than the end of the school day. An administrative fee of $5 will be charged before the device can be returned.
2. Second Confiscation: The device may be picked up by the student or parent no earlier than the end of the school day. An administrative fee of $10 will be charged before the device can be returned.
3. Third and Subsequent Confiscations: The device may be picked up by the student or parent no earlier than the end of the school day. An administrative fee of $15 will be charged per occurrence before the device can be returned.

Campus Directors shall use discretion to determine the appropriate use of phones for students participating in extracurricular activities while on school property or while attending school-sponsored or school-related activities on or off school property. Any disciplinary action will be in accordance with the Student Code of Conduct. Additionally, students are not permitted to possess electronic devices (e.g., electronic games, iPods, mp3 players, pagers, radios, cameras, etc.) at school, unless prior permission has been obtained from the Campus Director. Without such permission, teachers will collect the items and turn them in to the Campus Director’s office. The Campus Director will determine whether to return items to students at the end of the day or to contact parents to pick up the items.

Sending, sharing, viewing, or possessing pictures, text messages, e-mails, or other material of a sexual nature in electronic or any other form on a cell phone or other electronic device is prohibited and dealt with to the full extent of the law and the Student Code of Conduct.

Audio/Video Recording or Photographing without Consent

Any audio/video recording or photographing of students or staff without those persons’ expressed permission is prohibited and subject to disciplinary action under the Student Code of Conduct.

Threats

Oral or written threats to cause harm or bodily injury to another student, an employee, or school property, including threats made using the internet or other electronic resources at school, will not be tolerated and is subject to disciplinary action under the Student Code of Conduct.

Tobacco

Matches, lighters, etc., are not permitted at school or at school-related functions. A student is considered “in possession” if he or she has contact with tobacco or tobacco products, regardless of the amount of time it is in the student’s possession. If a student becomes in possession of tobacco or a tobacco product, he or she needs to immediately inform an adult on campus.

Smoking and using smokeless tobacco, e-cigarettes, electronic vapor devices, or tobacco products are not permitted in school buildings, vehicles, or on school property, 300 feet from school property, or at school- related or school-sanctioned events off school property. Students who act in violation of this prohibition shall be subject to disciplinary action under the Student Code of Conduct.

Weapons

A student shall not possess, exhibit, use, or threaten to exhibit or use any firearm, explosive weapon, knife, or materials that could be used as a weapon to inflict physical harm or damage to persons or property on school property or at any school-related function, whether on or off school property. A student is considered “in possession” if he or she has contact with a weapon regardless of the amount of time it is in the student’s possession. If a student becomes in possession of a weapon, he or she needs to immediately inform an adult on campus. Weapons include, but are not limited to:

1. Firearms, which are any devices designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use;
2. Knives, which are blades or hand instruments designed to cut or stab another by being thrown, such as a daggers, bowie knives, swords, or spears;
3. Clubs, which are instruments that are specifically designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument;
4. Explosive weapons;
5. Firearm silencers;
6. Knuckles (i.e., brass knuckles);
7. Chemical dispensing devices (such as mace or pepper spray);
8. Zip guns;
9. Any object used in a way that threatens to inflict bodily injury on another person;
10. Firearm ammunition;
11. Fireworks of any kind, smoke or stink bombs, or any other pyrotechnic device;
12. Chains;
13. Razors (including box cutters);
14. Pellet guns;
15. BB guns;
16. Stun guns;
17. Air guns; and
18. Toys that imitate weapons (“look-alikes”).