Student Suspensions and Expulsions
Suspendable & Expellable Education Code Violations
Grounds for Suspension: In SLZUSD it is expected that the behavior and conduct of all students be exhibited with the highest level of quality, respect, responsibility, and integrity. However, a student may be subject to suspension or expulsion when it is determined that he/she:
- Caused, attempted to cause, or threatened to cause physical injury to another person; or willfully used force or violence upon the person of another, except in self-defense. (Education Code 48900(a))
- Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object unless, in the case of possession of any object of this type, the student had obtained written permission to possess the item from a certificated school employee, with the principal or designee's concurrence. (Education Code 48900(b)) “Firearm” means any device designed to be used as a weapon from which a projectile is expelled through a barrel by the force of any explosion or other form of combustion. Examples of “dangerous object” include but are not limited to: air soft guns, paintball guns, B.B. guns, pellet guns, air rifles, brass knuckles, fist packs, nunchaku, sling shots, throwing stars, darts and any object likely to cause injury to person or property that has no reasonable use at school. M-80’s and Cherry Bombs are explosives.
- Unlawfully possessed, used, sold, or otherwise furnished, or was under the influence of any controlled substance as defined in Health and Safety Code 11053-48900 (c)
- Unlawfully offered, arranged, or negotiated to sell any controlled substance as defined in Health and Safety Code 11053-11058, alcoholic beverage or intoxicant of any kind, and then sold, delivered or otherwise furnished to any person another liquid, substance or material and represented same as controlled substance, alcohol beverage, or intoxicant. (Education Code 48900(d)).
- Committed or attempted to commit robbery or extortion.
- Caused or attempted to cause damage to school property or private property.
- Stole or attempted to steal school property or private property.
- Possessed or used tobacco, or any products containing tobacco or nicotine products including, but not limited to cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. This restriction shall not prohibit a student from using or possessing his/her own prescription products.
- Committed an obscene act or engaged in habitual profanity or vulgarity.
- Had unlawful possession of, or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia defined in Section 11014.5 of the Health and Safety Code.
- Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
- Knowingly received stolen school property or private property.
- Possessed an imitation firearm. As used in this subsection, “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
- Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
- Harassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of preventing that student from being a witness and/or retaliating against that student for being a witness.
- Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug SOMA.
- Engaged in, or attempted to engage in, hazing as defined in Education Code 48900(q).
- Making terrorist threats against school officials or school property, or both. (48900.7.) “terrorist threats” include: a. Any statement, written, oral, or e-mail b. By person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of $1,000.00, c. With the specific intent that the statement be taken as a threat, even if there is no intent of actually carrying it out. d. Causes that person reasonably to be in sustained fear for his/her own safety or his/her immediate family’s safety, or the protection of the property of the school district, the threatened person or his/her immediate family.
- Committed sexual harassment as defined in Education Code 212.5 (Education Code 48900.2)
- Committed sexual harassment as defined in Education Code 212.5 (Education Code 48900.2)
- Intentionally engaged in harassment, threats, or intimidation directed against personnel or pupils, that is sufficiently severe or pervasive to have the actual and reasonable expected effect of materially disrupting class work, creating substantial disorder, and invading the rights of either school personnel or students by creating an intimidating or hostile educational environment. (48900.4.) 22. Sending obscene, profane, lewd, vulgar or threatening messages via email, instant messages, Web pages and Web logs. Cyberbullying that is reasonably likely to create a material disruption of the school’s operation, or engage in personal attacks, threats, including prejudicial or discriminatory attacks, harassing another person, or knowingly or recklessly posting false or defamatory information about a person, whether on school grounds or off campus.
A student expulsion is a severe consequence and response to extreme antithetical school behavior and education code violations. It is our goal in SLZUSD to foster environments and educate students on levels that increase awareness regarding the refraining from behaviors that could result in expulsion. A student can be recommended for expulsion under three tiers:
- A mandatory expulsion recommendation
- A discretionary mandatory expulsion recommendation,
- An expulsion recommendation, requiring dual findings.
Below is and explanation of the three tiers:
Mandatory Expulsion Recommendation (48915(c)): A principal or the Superintendent shall immediately suspend, and shall recommend to the Governing Board to expel, a student that he or she determines has committed any of the following acts at school or at a school activity off school ground.
- Possessing, selling or otherwise furnishing a firearm. This subdivision does not apply to an act of possessing a firearm if the student had obtained prior written permission to possess the firearm from a certificated school employee, which is concurred in by the principal or the principal’s designee. This subdivision applies to an act of possessing a “firearm” only if the possession is verified by an employee of the District.
- Brandishing a knife at another person. (as defined in Education Code 48915(g))
- Unlawfully selling a controlled substance listed in Health and Safety Code 11053-11058
- Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900 or committing a sexual battery as defined in subdivision (n) of Section 48900. Committing or attempting to commit a sexual assault or committing a sexual battery as defined in item #14 under "Grounds for Suspension and Expulsion" above
- Possession of an explosive as defined in 18 USC 921.
Discretionary Mandatory Recommendation for Expulsion. (48915(a)): A principal or the Superintendent shall recommend a student’s expulsion for any of the following acts, unless the principal or Superintendent find that expulsion is inappropriate due to the particular circumstances:
- Causing serious physical injury to another person, except in self defense.
- Possession of any knife, explosive, or other dangerous object of no reasonable use to the student. (See Education Code 48915 (g))
- Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 11053 - 11058) of Division 10 of the Health and Safety Code, except for the first offense of the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis.
- Robbery or extortion.
- Assault or battery, as defined in Section 240 and 242 of the Penal Code, upon any school employee.
Expulsion Recommendation Requiring Dual Findings (Authority to Expel): The Board may also order a student expelled for any of the acts listed under "Grounds for Suspension and Expulsion" (See Grounds for Suspension webpage) upon recommendation by the principal, Superintendent, hearing officer or administrative panel, based on either or both of the following finding(s): (Education Code 48915(b) and (e))
- Other means of correction are not feasible or have repeatedly failed to bring about proper conduct.
Due to the nature of the act, the presence of the student causes a continuing danger to the physical safety of the student or others.