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4Public
Conduct on School Property
The
district is committed to providing an orderly, respectful
environment that is conductive to learning. To create and
maintain this kind of an environment, it is necessary to
regulate public conduct on school property and at school
functions. For purposes of this section of the code,
"public" shall mean all persons when on school
property or attending a school function including students,
teachers and district personnel.
The
restrictions on public conduct on school property and at school
functions contained in this code are not intended to limit
freedom of speech or peaceful assembly. The district recognizes
that free inquiry and free expression are indispensable to the
objectives of the district. The purpose of this code is to
maintain public order and prevent abuse of the rights of
others.
All
persons on school property or attending a school function shall
conduct themselves in a respectful and orderly manner. In
addition, all persons on school property or attending a school
function are expected to be properly attired for the purpose
they are on school property.
A.
Prohibited Conduct
No person,
either alone or with others, shall:
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Intentionally injure any person or threaten to do so.
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Intentionally damage or destroy school district property or the
personal property of a teacher, administrator, other district
employee or any person lawfully on school property, including
graffiti or arson.
- Disrupt
the orderly conduct of classes, school programs or other school
activities.
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Distribute or wear materials on school grounds or at school
functions that are obscene, advocate illegal action, appear
libelous, obstruct the rights of others, or are disruptive to
the school program.
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Intimidate, harass or discriminate against any person on the
basis of race, color, creed, national origin, religion, age,
gender, sexual orientation or disability.
- Enter any
portion of the school premises without authorization or remain
in any building or facility after it is normally closed.
- Obstruct
the free movement of any person in any place to which this code
applies.
- Violate
the traffic laws, parking regulations or other restrictions on
vehicles.
- Possess,
consume, sell, distribute or exchange alcoholic beverages,
controlled substances, or be under the influence of either on
school property or at a school function.
- Possess
or use weapons in or on school property or at a school function,
except in the case of law enforcement officers of except as
specifically authorized by the school district.
- Loiter on
or about school property.
- Gamble on
school property or at school functions.
- Refuse to
comply with any reasonable order of identifiable school district
officials performing their duties.
- Willfully
incite others to commit any of the acts prohibited by this code.
- Violate
any federal or state statute, local ordinance or board policy
while on school property or while at a school function.
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B. Penalties
Persons who violate this
code shall be subject to the following penalties:
- Visitors. Their
authorization, if any, to remain on school grounds or at the
school function shall be withdrawn and they shall be directed to
leave the premises. If they refuse to leave, they shall be
subject to ejection or arrest.
- Students. They shall be
subject to disciplinary action as the facts may warrant, in
accordance with the due process requirements.
- Tenured faculty members.
They shall be subject to disciplinary action as the facts may
warrant in accordance with Education Law 3020-a or any other
legal rights that they may have.
- Staff members in the
classified service of the civil service entitled to the
protection of Civil Service Law 75. They shall be subject to
immediate ejection and to disciplinary action as the facts may
warrant in accordance with Civil Service Law 75 or any other
legal rights that they may have.
- Staff members other than
those described in subdivisions 4 and 5. They shall be subject
to warning, reprimand, suspension or dismissal as the facts may
warrant in accordance with any legal rights they may have.
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C. Enforcement
The building or his or her
designee shall be responsible for enforcing the conduct required
by this code.
When the building principal
or his or her designee sees an individual engaged in prohibited
conduct, which in his or her judgment does not pose any immediate
threat of injury to persons or property, the principal or his or
her designee shall tell the individual that the conduct is
prohibited and attempt to persuade the individual to stop. The
principal or his or her designee shall also warn the individual of
the consequences for failing to stop. If the person refuses to
stop engaging in the prohibited conduct, or if the person's
conduct poses an immediate threat of injury to persons or
property, the principal or his or her designee shall have the
individual removed immediately from school property or the school
function. If necessary, local law enforcement authorities will be
contacted to assist in removing the person.
The district shall initiate
disciplinary action against any student or staff member, as
appropriate, with the "Penalties" section above. In addition, the
district reserves its right to pursue a civil or criminal legal
action against any person violating the code.
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