School Disciplinary Policy

CONDUCT AND DISCIPLINE

For a school to meet the needs of its students, there must be an environment conducive to serious study and respect for oneself, other people, and property.  The purpose of this Code of Student Conduct is to provide in a single document those policies relating to the conduct of students at Lake Lure Classical Academy judged to be necessary for the safe and effective operation of the school.

All students shall comply with all rules and regulations governing behavior and conduct.

This Code of Student Conduct shall apply to:

  1. Any student in any school building or on any school premises before, during or after school hours;
  2. Any student in any vehicle in which the student is being transported as part of any school activity;
  3. Any student during any school function, activity or event;
  4. Any student at any time when he/she is subject to the authority of school personnel; or
  5. Any student whose conduct at any time or place has a direct and immediate effect on maintaining order and discipline in the school.

Violation of Board policies, rules or regulations, the Code of Student Conduct, regulations issued by Lake Lure Classical Academy, or the North Carolina General Statutes may result in disciplinary action including termination of the student from Lake Lure Classical Academy pursuant to Board policies.  All expulsions will be for the remainder of the school year.  Re-entry will be based on a case-by-case basis at a Grievance Hearing before the Board of Directors.   Students cannot re-register for the next school term at Lake Lure Classical Academy until a hearing is held before the Board of Directors and written approval by the Board of Directors for re-entry is granted.

Student misconduct not covered explicitly by the code of conduct shall be dealt with by the School Director or the designee as appropriate.  The School Director is authorized to promulgate individual school rules and regulations, including disciplinary penalties for violating individual school rules and for matters and misconduct not covered in the following sections.

Circumstances and degrees of involvement could lesson a serious offense or make a minor offense more serious.  The School Director or designee has the authority to modify the discipline recommended in the Code for each offense when, in their opinion, the facts and circumstances justify a less or more severe penalty.  Any student who has violated one or more sections of the Code may be subject to more severe disciplinary action than recommended in the Code.  The student must understand that their rights and responsibilities carry equal weight.  One cannot exist without the other.

When a school official learns or suspects that any student has violated any Board or school policy, rule or regulation that may also be a criminal violation of the laws of the United States or the State of North Carolina, he/she shall promptly report such violation to the proper law enforcement agency. In such cases, school officials shall cooperate fully with the law enforcement agency; however, internal disciplinary proceedings shall proceed independently from any criminal investigation and prosecution.

The teacher is charged with the responsibility of maintaining student control and proper conduct for all students. The Administrative office shall be ready and willing to give the teacher any assistance he or she may need.  However, the most effective control is that which is maintained by the teacher.

The Board believes that vitalized teaching and proper guidance will minimize the necessity for various types of punishment.  However, it is recognized that in some cases reasonable punishment or even suspension may be necessary.

The following sanctions will be used with the Discipline Policy of Lake Lure Classical Academy for Grades K-12:

Level 1: Classroom Teacher Intervention.  Teachers are responsible for controlling their classroom.  Teachers will handle most minor discipline matters through: parental contact, telephone calls, home visits, lunch or after school detention, additional assignments, time after class, etc.

Level 2: Classroom Teacher/Parent conference (Contact may be made by phone).

Level 3: Teacher conference with the School Director or designee and student.

Level 4: School Director conference with parent

Maximum 3 days out of school suspension.

Level 5: School Director conference with parent

Maximum 5 days out of school suspension.

Level 6: School Director conference with parent

Maximum 10 days out of school suspension.

Level 7: Expulsion for the remainder of the school term.

Lake Lure Classical Academy will use lunch detention, after-school detention, in-school suspension and other types of discipline it feels appropriate when possible.  

Rule 1: Compliance with Directions of School Personnel

Students shall comply with all directions of School Directors, teachers, substitute teachers, student teachers, teacher assistants, contract employees and all other school personnel who are authorized to give such directions, during any period of time when they are subject to the authority of such personnel.

Legal Reference: G.S. 115C-47, -288, -307, -390,391

First offense: Level 2 Sanction.

Rule 2: Disruption of School

Any physical or verbal disturbance which occurs within the learning environment and which interrupts or interferes with teaching or orderly conduct of school activities is prohibited.  In addition to other disciplinary measures available, a student who is disruptive may be excluded from participating in extracurricular school programs, athletics, clubs and fieldtrips.

No student shall engage in or urge any other student to engage in passive resistance, noise, threats, fear, intimidation, coercion, force or violence for the purpose of causing the disruption or obstruction of any lawful function, mission or process of Lake Lure Classical Academy.
While this list is not intended to be exclusive, the following acts, when done for the purpose of causing a disruption or obstruction of any lawful function, mission or process of a school, illustrate the kinds of offenses prohibited by this policy:

  1. Occupying any school building, school grounds or part thereof with the intent to deprive others of its use;
  2. Blocking the entrance or exit of any school building or corridor or room therein with intent to deprive others of lawful access to the room, or use of the building, corridor or room;
  3. Blocking normal pedestrian or vehicular traffic on school premises;
  4. Making noise or acting in any manner so as to intentionally interfere with any teacher’s ability to conduct class or to carry on any school activity;
  5. Preventing or attempting to prevent the convening or continued function of any school, class, activity, or of any lawful meeting or assembly on the school premises;
  6. Cursing or using vulgar or abusive language including remarks intended to demean a person’s race, religion, sex, national origin, handicapping condition, or intellectual ability;
  7. Conducting oneself in an uncivil manner at any school extracurricular activity.  In addition to other disciplinary sanctions provided in the policy or sanctions within the discretion of teachers and School Director, the School Director may bar the student from attending any school extracurricular activity and may require the student not to be on school property before, during, or after extracurricular activities;
  8. Dress – Appearance or clothing which violates a reasonable dress code adopted and publicized by the school, and/or which is disruptive, provocative or obscene or which endangers the health or safety of the student or others;
  9. Possessing literature or illustrations which significantly disrupt the educational process or are obscene;
  10. Engaging in behavior, which is immoral, indecent, lewd, and disreputable or of any overly affectionate or sexual nature in the school setting;
  11. Use of devices causing noise, including but not limited to cell phones, radios, compact discs, walkmans, tape recorders, pagers and beepers.

Legal Reference: G.S. 14-132, -288.2; 115C-47, -288, -307, -390, -391

First offense: Level 4 sanction.

C. Bullying – Willful intent to intimidate, threaten, or demean another student or group of students.

Bullying will NOT be tolerated. Any student found to be bullying another student or adult will be considered as a disruption of school and be subject to suspension from school, or other discipline at the School Director’s discretion

Bullying and Harassing Behavior

G.S. 115c-407.5

Lake Lure Classical Academy Board of Directors 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 any form of unlawful discrimination, harassment or bullying in any of its educational or employment activities.

1) DEFINITIONS

A) Harassment and Bullying

Bullying and harassing behavior is any gestures of written, electronic, or verbal communications, or physical acts or any threatening communication that take place on school property or at any school-sponsored function and that:

  • 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;
  • creates or is certain to create a hostile environment by substantially interfering with or impairing a student’s educational performance, opportunities or benefits.

B) Discrimination

Discrimination means any act or failure to act 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. Discrimination may be intentional or unintentional.

2) Reporting and Investigating Complaints

A) Mandatory Reporting by School Employees and Other Third Parties

A school employee, student, or volunteer who has witnessed or has reliable information that a student or school employee has been subject to bullying or harassing behavior shall report the incident to the appropriate school official.

B) Anonymous Reporting

Anonymous reporting of bullying or harassing behavior shall be permitted, however this provision should not be construed to permit formal disciplinary action solely on the basis of an anonymous report. These reports will be investigated by the School Director or her designee.

3) General Requirements

No reprisal or retaliation of any kind will be taken by the board or by an employee of the school system against the complainant or other individual on account of his or her filing a complaint or report or participating in an investigation of a complaint or report filed and decided pursuant to this policy, unless the person knew or had reason to believe that the complaint or report was false or knowingly provided false information. Any person who engages in reprisal or retaliation shall be subject to disciplinary action, up to, and including suspension or dismissal.

4) Investigation of Reports

Reports of serious violations and complaints of any act of bullying or harassment will be investigated promptly. The person responsible for investigating these acts shall be the School Director or her designee.

5) Prohibited Behaviors and Consequences

A) Any violation of this policy is serious, and the School Director shall promptly take appropriate action. Students will be disciplined in accordance with the school’s student Code of Conduct. The School Director will conference with the parents of students found in violation of bullying or harassing behaviors and the student may receive up ten (10) days out of school suspension.

B) Employees who violate this policy will be subject to disciplinary action, up to, and including, dismissal. Volunteers and visitors who violate this policy will be directed to leave school property and/or reported to law enforcement.

6) Notice

The School Director or her designee is responsible for providing effective notice to students, parents and employees of the procedures for reporting and investigating complaints of discrimination, harassment and bullying. This policy will be posted on Lake Lure Classical Academy’s website and available in the main office.

First offence: Maximum Level 6 sanction

D. Falsifying an Emergency Situation that Disrupts Normal School Operations

First offense: Maximum Level 6 sanction

E. Behavior at a school sponsored event that is detrimental to the progress of, or which prohibits the normal rights of other spectators or participants.

First offense: Maximum Level 6 sanction

Rule 3: Misconduct on Transportation Services

School transportation is a privilege, not a right.  Students at all times while riding in school authorized vehicle shall observe the directives of the driver.  This includes parent vehicles being used for the purpose of transporting students to and from school functions.  The following conduct is specifically prohibited and may result in temporary or permanent suspension from school transportation of any type:

A. Delaying the schedule;

B. Fighting, smoking, using profanity or refusing to obey the driver’s instructions;

C. Tampering with or willfully damaging the vehicle;

D. Possessing or using unauthorized drugs or intoxicating beverages in the vehicle;

E. Getting on or off at an unauthorized stop or riding in a vehicle without permission;

F. Distracting the driver’s attention by participating in disruptive behavior while the vehicle is in operation;

G. Failing to observe established safety rules and regulations;

H. Willfully trespassing upon an authorized vehicle;

I. Violating any other rule of the Code of Student Conduct while on the school authorized vehicle.

Legal Reference: G.S. 14-132.2; 115C-47, -288, 307, -390, -39

First Offense:  Maximum Level 6 sanction

Rule 4: Trespassing

No student shall be on the Lake Lure Classical Academy campus without the knowledge and consent of the School Director, outside of normally scheduled school days and hours. Students who loiter after the close of the school day including exam and other days without specific need or supervision; will be considered trespassers and may be prosecuted if they do not leave when instructed to do so. Any student who has been suspended from school shall be considered trespassing if he/she appears on the property during the suspension period without the express permission of the School Director and may be prosecuted.

Legal Reference: G.S. 14-132, -134; 115C-47, -288, -307, -390, -391

First Offense: Maximum Level 6 sanction

Rule 5: Assault, Injury

No student shall assault, cause or attempt to cause physical injury to, or intentionally behave in such a way as could reasonably cause injury to any other person.  Assault includes engaging in a fight.

Legal Reference: G.S. 14-33; 115C-47, -288, -307, -390, -391

First Offense:  Level 6 Sanction

Rule 6: Threatening Acts

No student shall direct towards any Administrator, teacher, other school employee, other student, or other person, any language which threatens force, violence or disruption, or any sign or act which constitutes a threat of force, violence or disruption.

Legal Reference: G.S. 14-33; 115C-47, -288, -307, -390, -391

First offense: Level 4 Sanction

Rule 7: Weapons, Dangerous Instruments

No student shall possess, handle, or transmit any weapon or dangerous instrument, including but not limited to a loaded or unloaded firearm, including a gun, pistol, or rifle; fireworks, incendiary device, or explosives, including a bomb, grenade, or mine; knife, including a Bowie knife, switchblade, dirk, or dagger; or other weapon, including a slingshot, leaded cane, blackjack, metal knuckles, BB gun, pellet gun, air rifle, air pistol, paintball gun, stun gun or other electric shock weapon, ice pick, mace, pepper gas, razor or razor blade or any sharp pointed or edged instrument nail files and clips or a facsimile of a gun or other weapon or any object that can reasonably be considered a weapon or other dangerous instrument.

A student who in any way encourages another student to bring weapons to school also endangers the safety of others. No student shall knowingly or willfully cause, encourage, or aid any other student to possess, handle, or transmit any of the weapons or facsimiles of weapons listed above.

Legal Reference: G.S. 14-269.2; 115C-47, -288, -307, -390, -391

First Offense: Maximum sanction of Long Term Suspension. Suspension for 365 days may be imposed for certain violations.

Rule 8: Theft, Damage to Property

No student shall steal or attempt to steal or knowingly be in possession of stolen property. No student shall intentionally damage or attempt to damage any school property or private property while under school jurisdiction.

Legal Reference: G.S. 14-54, -60, -67, Art. 16; 115C-47, -288, -307, -390, -391

First Offense:  Level 4 Sanction and STUDENT shall make restitution.

Rule 9: Tobacco Products

The following guidelines will govern sanctions for smoking or use of other tobacco products by all students:

In North Carolina it is illegal for any person to sell or distribute in any way tobacco products to any person under the age of eighteen (18).  In support of this State policy, no student shall possess or use any tobacco product in any school building or school vehicle at any time, or on the school grounds during the school day or at any time when the student is subject to the supervision of designated school personnel, such as when the student is at any school function, extracurricular event, field trip, or activity.

Legal Reference: G.S. 14-313; 115C-47, -288, -307, -390, -391

First offense:  Level 6 Sanction with referral to Board of Directors.

Rule 10: Narcotics, Alcoholic Beverages and Stimulant Drugs

No student shall possess, use, transmit or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance, or any alcoholic beverage, malt beverage or fortified wine or other intoxicating liquor.  Nor shall a student possess, use, or transmit drug paraphernalia or counterfeit drugs, or inhale or ingest any chemicals or products with the intention of bringing about a state of exhilaration or euphoria or of otherwise altering the student’s mood or behavior. Use of a drug authorized by valid medical prescription from a registered physician shall not be considered a violation of this rule when the drug is taken by the person for whom the drug was prescribed and in the manner prescribed.

Legal Reference: G.S. 18B-301, Ch.90, Art.5;115C-47, -288, -307, -390, -391

First Offense: Level 6 sanction with referral to Board of Directors.

Rule 11: Integrity

Any student who knowingly engages in or attempts to engage in plagiarism or falsification shall be subject to disciplinary action.  The following actions are specifically prohibited:

A. Cheating – Cheating includes the actual giving or receiving of any unauthorized assistance or the actual giving or receiving of an unfair advantage on any form of academic work.

B. Plagiarism – Plagiarism includes the copying of the language, structure, idea and/or thought of another and representing it as one’s own original work.

C. Falsification – Falsification includes the verbal or written statement of any untruth.

Legal Reference: G.S. 115C-47, -288, -307, -391

First Offense: Maximum Level 4 sanction and a non-changeable ZERO on the item.

Rule 12: Hazing

No student shall engage in hazing another student by playing abusive or ridiculous tricks upon him/her; by frightening, scolding, beating, or harassing him/her; or by subjecting him/her to personal indignity.  In addition to other disciplinary sanctions, any student who has been criminally convicted of hazing will immediately be expelled from school, as required by law.

Legal Reference: G.S. 14-35, -36; 115C-47,  -288, -307, -390, -391

First Offense: Level 6 Sanction

Rule 13: Sexual Harassment

The Lake Lure Classical Academy Board of Directors believes that all students are entitled to school-related environments that are free of sexual harassment.  To this end, the Board prohibits students from engaging in sexual harassment and advises students that when evidence of sexual harassment is established, disciplinary action may be taken, up to and including suspension. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment by a student when such conduct has the purpose or effect of unreasonably interfering with another student’s educational performance or creating an intimidating, hostile, or offensive environment. Examples of sexual harassment include, but are not limited to, 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; and the display of sexually suggestive objects or pictures.  Sexual harassment does not include personal compliments welcomed by the recipient, or social interactions or relations freely entered into by students.

In the event that a student believes that he/she has been sexually harassed by another student, he/she should bring the matter to the attention of the School Director.  The School Director or the School Director’s designee will investigate the matter and may impose disciplinary sanctions on the harassing student in accordance with disciplinary policies.  Any student reporting sexual harassment who is not satisfied with the School Director’s response or who continues to be sexually harassed may file the complaint with the Board of Directors.  However, student discipline records remain confidential and may not be revealed by the School Director or other school personnel to the student reporting sexual harassment. Sexual harassment of a student by an employee also is prohibited.  Any student who believes he/she has been sexually harassed by an employee should report it promptly to the School Director or other school official.

Legal Reference:  Title VII of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; G.S. 115C-47,-391.

First Offense: Maximum Level 6 Sanction

Rule 14: Cutting Classes/Truancy/Unauthorized Leaving school 

First Offense:  Maximum Level 4 Sanction

MANDATORY SUSPENSIONS

Any student shall be suspended for 365 calendar days for bringing a weapon as defined in G.S. 14-269.2[b](i.e. – a gun, rifle, pistol, or other firearm of any kind or any dynamite cartridge, bomb, grenade, mine or powerful explosive as defined in G.S. 14-284.1 including a BB gun, air rifle, or air pistol, onto any transportation services, building property or grounds owned, used, or, operated by the Board.

Legal Reference: G.S. 14-269.2, 115C-47, -112, -276, -288, -390, -391; U.S.C. 701 et seq.; 20

U.S.C. 1400 et seq.

EXPULSION

Upon recommendation of the School Director, the Board may permanently expel a student whose behavior indicated that the student’s continued presence in school constitutes a clear threat to the safety of other students or employees. The Board’s decision to expel such a student shall be based on clear and convincing evidence, and shall be made in accordance with North Carolina State Board of Education guidelines defining acts and conduct that are considered a clear threat to the safety of students or employees. Prior to ordering the expulsion of such a student, the Board shall consider whether there is an appropriate alternative program offered by the Board that may provide education services to the student. The decision of the Board under this policy is final, subject only to judicial review in accordance with Article 4 of Chapter 150b of the General Statutes.

Legal Reference: G.S. 115C-47, -391

SUSPENSIONS

A student who is absent involuntarily because of suspensions must by law be given an opportunity to make up all work including exams missed during the suspension period. He/she may therefore, not be given zeros (0) unless there is failure to make-up work (a maximum of 5 days) after returning.

 

LLCA-CFA BOARD OF DIRECTORS GRIEVANCE COMMITTEE – STRUCTURE AND GUIDELINES:

  • As resolved at the August 17, 2010 meeting of the Board of Directors of LLCA-CFA, a Parent Grievance Committee has been established in compliance with NC Charter School Governance requirements. The Board of Directors approves the following guidelines for the said committee.
  • A member of the Board of Directors of LLCA-CFA will be elected by the board at the annual meeting for Board elections in September to chair the committee.
  • One member of the faculty will be appointed to be a member of the committee at the beginning of each school year by the School director. An alternate faculty member will be chosen in the event that the particular grievance may involve the appointed member.
  • At least one but no more than three parents of enrolled students will be given an opportunity to serve on the committee each year, with preference given to parents of students enrolled for at least one full academic year. If more than three parents volunteer to serve on the committee, the Chairman and the staff member of the committee will select three parents to serve on the committee. All members will agree to keep all matters presented to the committee in strict confidence to preserve the privacy of all involved individuals.
  • All grievances must be dated and submitted in writing to the Chairperson of the Grievance Committee. The Chairperson shall call a meeting of the committee within two weeks of receipt of the grievance, if possible. At the initial meeting, the committee will decide, via majority vote, whether to bring the grievance before the Board of Directors, with a recommendation for any action to be taken.
  • The parent(s) who submitted the grievance will be notified by letter as to the decision of the Grievance Committee within a reasonable amount of time that would be required for resolution of the grievance.