Code of Conduct

Statement of Behavioral Expectations

The Fayetteville-Manlius Central School District is committed to creating a collaborative learning environment where all members feel included, respected, valued and connected by affirming individual identities, fostering relationships and recognizing diversity as an asset for teaching and learning.

Students need to be supported and engaged in school in order to promote strong character and appropriate conduct. It is also essential that students are able to take age-appropriate responsibility for their own behavior.

Student engagement is developed when students are provided with multiple opportunities to participate in a wide range of positive social activities while interacting with caring, supportive adults. This helps to ensure that students are better able to:

• recognize and manage emotions;
• develop caring and concern for others;
• establish positive relationships;
• make responsible decisions; and
• handle challenging situations constructively and ethically.

Effective and engaging instruction and positive behavioral supports are the foundations of a positive school climate. School teachers, administrators, and other staff are encouraged to set high expectations for student success, build positive relationships with students, as well as teach and model appropriate behaviors for success. Modeling respectful, positive behavior is especially critical during disciplinary interventions.

All adults – teachers, principals, administrators, school staff, parents, and the larger community – have an obligation to help students become good citizens and lead productive lives by modeling desired behaviors and cultivating those behaviors in students. Appropriate conduct and strong character are reflected in a civil, respectful, healthy and caring environment.

Student discipline and support policies and practices will be implemented in a manner which is caring and equitable, respectful and based on trust among administration, staff, students, and families and holds all individuals accountable, and can include restorative solutions. This will help students:

• learn from their mistakes;
• understand why their behavior was unacceptable;
• acknowledge the harm they caused or the negative impact of their actions;
• understand what they could have done differently;
• take responsibility for their actions;
• learn pro-social strategies and skills to use in the future; and
• understand that further consequences and/or interventions will be implemented if their unacceptable behavior persists.

The District will continuously monitor results in an effort to determine strategies for improvement. Schools are often referred to as microcosms of society. It seems fitting then that behavioral expectations within a school community should be governed by an overarching set of tenets applicable equally and consistently to society as a whole.

The school community has the responsibility to preserve societal values related to freedom and democracy. Given this, we all must recognize the necessity of the democratic process of law making and demonstrate its importance through respect for laws, rules, and authority.

The code of conduct applies to all students while in Fayetteville Manlius School District school buildings, on school grounds, in school vehicles and at all school, school-related and district-sponsored activities, including those held at locations off school property. It also applies at non-school events when behavior can negatively affect the educational process or endangers the health, safety, morals or welfare of the school community.

The board of education recognizes the need to clearly define expectations for acceptable conduct and identify the possible responses to unacceptable conduct. Levels of behavior concerns, violations and responses, interventions and consequences are outlined in the code of conduct.

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Code of Conduct

Our mission is to build on our commitment to academic excellence with a focus on authentic learning experiences, civic responsibility, and innovative programs. We will accomplish this in an environment that fosters meaningful relationships, honors and affirms the diverse identities and experiences of our students, supports the overall wellness of each student, and promotes continuous improvement in each of the district priority areas: teaching and learning; school environment; service learning and community partnerships; and fiscal capacity and responsibility.

This Code of Conduct, taken in conjunction with the District Safety Plan, promotes the maintenance of a safe, secure and orderly environment for students, staff and visitors. Responsible behavior by students, teachers, other staff, parents, and visitors is essential to achievement of this goal. Accordingly, in collaboration with students, parents, teachers and administrators, the Board has established this Code of Conduct. It applies to all students, school personnel, parents, vendors, and other visitors when on school property, in school vehicles or in attendance at a school function. Students may be disciplined for conduct that occurs outside of school property that may endanger the health or safety of pupils within the educational system or adversely affect the educational process. Likewise, visitors to our campuses and at school functions are expected to uphold the behavioral expectations outlined in this document.

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Article I. Definitions

For purposes of this code, the following definitions apply.

“Alcohol and other Substance Use/Abuse” means possession, distribution, consumption, being under the influence, or sale of illegal substances, look-a-likes, alcoholic beverages, drug paraphernalia, prescribed medication when authorized or unauthorized non-prescription or over-the-counter medication on school property, on a school vehicle or at a school function.

“Cyberbullying” means harassment/bullying (as defined below) through any form of electronic communication. Cyberbullying includes, but is not limited to, the following misuses of technology: harassing, teasing, intimidating, threatening, or terrorizing another student or staff member by way of any technological tool, such as sending or posting inappropriate or derogatory email messages, instant messages, text messages, digital pictures or images, or website postings (including blogs). Cyberbullying can involve, but is not limited to: sending mean, vulgar, or threatening messages or images; posting sensitive, private information about another person; pretending to be someone else in order to make that person look bad. Cyberbullying involving district students may occur both on campus and off school grounds and may involve student use of the district internet system or student use of personal digital devices including but not limited to: cell phones, digital cameras, personal devices, or electronic tools.

Cyberbullying or harassment has or could have the effect of:

• Causing physical, social/relational, emotional or mental harm to a student;
• Placing a student in reasonable fear of physical, emotional or mental harm;
• Placing a student in reasonable fear of damage to, or loss of, personal property; or
• Interfering with a student’s educational performance and/or denying or limiting a student’s ability to participate in or to receive benefits, services or opportunities in the school’s programs.

“Disability” means (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment.

“Discrimination” means discrimination against any student by a student or students and/or employee or employees on school property or at a school function including, but not limited to, discrimination based on a person’s actual or perceived race, including natural hair and hairstyle, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, sex or any other legally protected status.

“Disruptive student” means a student who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom.

“Emotional harm” that takes place in the context of “harassment or bullying” means harm to a student’s emotional well-being through creation of a hostile school environment that is so severe or pervasive as to unreasonably and substantially interfere with a student’s education.

“Employee” means any person receiving compensation from the District or employee of a contracted service provider or worker placed within the school under a public assistance employment program, pursuant to title nine-B of article five of the Social Services Law, and consistent with the provisions of such title for the provision of services to such district, its students or employees, directly or through contract, whereby such services performed by such person involve direct student contact.

“Gender” means actual or perceived sex and includes a person’s gender identity or expression.

“Gender expression” is the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyle, activities, voice or mannerisms.

“Gender identity” is one’s self-conception as being male or female, as distinguished from actual biological sex or sex assigned at birth.

“Harassment/Bullying” means the creation of a hostile environment by threats, intimidation or abuse (including cyberbullying) that: (a) has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being including conducts, threats, intimidation, or abuse that reasonably causes or would be reasonably expected to cause emotional harm; or (b) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; (c) places a student in reasonable fear of damage to or loss of personal property. Such conduct shall include acts of harassment and/or bullying that occur: (i) on school property; (ii) at a school function; or (iii) off school property, where such acts create or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. For the purposes of this definition, the term “threats, intimidation or abuse” shall include verbal and non-verbal actions.

• Acts of harassment and bullying that are prohibited include those acts based on a person’s actual or perceived race including natural hair and hairstyle, color, weight, national origin, ethnic origin, ethnic group, religion, religious practice, disability, sexual orientation, sex, gender (including gender identity and expression) or any other legally protected status.
• Bullying may be premeditated or a sudden activity. Bullying may be subtle or easy to identify. Bullying may be done by one person or a group. Bullying may be a single act or a series of occurrences. Bullying may also be based on any characteristic including but not limited to a person’s actual or perceived race including natural hair and hairstyle, color, weight, national origin, ethnic origin, ethnic group, religion, religious practices, disability, sex, sexual orientation, gender (including gender identity and expression) or any other legally protected status.

Bullying includes, but is not limited to, the following types:

• Verbal bullying: includes but is not limited to name calling, insulting remarks, verbal teasing, frightening phone calls, violent threats, extortion, taunting, gossip, spreading rumors, racist slurs, anonymous notes, etc.
• Physical bullying: includes but is not limited to poking, slapping, hitting, tripping or causing a fall, choking, kicking, punching, biting, pinching, scratching, spitting, twisting arms or legs, damaging clothes and personal property, taking personal belongings without permission, or threatening gestures.
• Social or relational bullying: includes but is not limited to excluding someone from a group, isolating, shunning, spreading rumors or gossiping, arranging public humiliation, undermining relationships, teasing about clothing, blatant or subtle offensive body language, extortion, intimidation, coercion, etc.

“Hazing” means a form of harassment among students defined as any humiliating or dangerous activity expected of a student to join a group or be accepted by a formal or informal group, regardless of their willingness to participate. Hazing produces public humiliation, physical or emotional discomfort, bodily injury or public ridicule or creates a situation where public humiliation, physical or emotional discomfort, bodily injury or public ridicule is likely to occur.

Hazing behaviors include, but are not limited to, the following general categories:

1. Humiliation: socially offensive, isolating or uncooperative behaviors
2. Substance abuse: abuse of tobacco, alcohol or illegal/legal substances
3. Dangerous hazing: hurtful, aggressive, destructive, and disruptive behaviors

“Illegal substances” include, but are not limited to alcohol, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, barbiturates, ecstasy, heroin, steroids, any substances commonly referred to as designer drugs and look-alikes (including but not limited to synthetic cannabinoids), prescription or over-the-counter drugs when possession is unauthorized, or such are inappropriately used or shared with others, or any product which, when misused, will result in an impaired or altered state. Prohibited substances also include any paraphernalia related to these substances.

“Informal conference” is an open-ended discussion of a disciplinary incident to include the student/teacher/parent/principal without the requirements of tape recording or transcription and examination of witnesses associated with a Superintendent’s hearing.

“Material incident of Harassment, Bullying and/or Discrimination” means a single verified incident or a series of related verified incidents where a student is subjected to harassment, bullying, and/or discrimination by a student and/or employee on school property or at a school function. In addition, such term shall include a verified incident or series of related incidents of harassment or bullying that occur off school property, and is the subject of a written or oral complaint to the superintendent, principal, or their designee, or other school employee. Such conduct shall include, but is not limited to, threats, intimidation or abuse based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, sex or any other legally protected status.

“Principal” within the context of teacher removal of a student from class, means either the principal of the building or any other administrator in the District acting in the principal’s absence or at the principal’s direction.

“Parent” means the biological, adoptive or foster parent, guardian, or person in parental relation to a student.

“Retaliation” means when any employee, student, or visitor mistreats any person because that individual reported in good faith, testified about, or otherwise assisted in an investigation, proceeding or hearing related to alleged harassment or bullying. It is possible that an alleged harasser may be found to have retaliated if the underlying complaint is not found to be a violation of this policy. Retaliation includes, but is not limited to any form of intimidation, reprisal or harassment and may be redressed through application of the same reporting, investigation, and enforcement procedures as for harassment.

“School bus” means every motor vehicle owned by a public or governmental agency or private school and operated for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity, to or from school or school activities, or, privately owned and operated for compensation for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities.

“School function” means any school-sponsored event or activity on or off school property.

“School property” means in or within any building, structure, athletic playing field, playground, parking lot, or land contained within the real property boundary line of a public elementary or secondary school in the school District, or in or on a school bus, as defined in this Code.

“Sexual orientation” means actual or perceived heterosexuality, homosexuality or bisexuality.

“Tobacco products” means any vaping or nicotine-containing substances or devices and accessories to such devices and any other tobacco-containing substance, product or device in any form, as well as matches, lighters and other related paraphernalia. This also includes any simulated tobacco products that imitate or mimic tobacco products. 

“Violent student” means a student who:

1. Commits an act of violence upon a school employee
2. Commits an act of violence upon another student or any other person on school property or at a school function
3. Possess, while on school property or at a school function, a weapon such as a gun, knife, explosive or incendiary bomb, or other dangerous instrument capable of causing physical injury or death
4. Displays what appears to be a weapon while on school property or at a school function
5. Threatens to use a weapon while on school property or at a school function
6. Knowingly and intentionally damages or destroys the personal property of any person on school property or at a school function
7. Knowingly and intentionally damages or destroys school District property

“Twenty-four hours” within the context of teacher removal of a student from class, is equal to one school day. Weekends, holidays, and vacation days are not counted as part of a twenty-four hour period.

“Under the influence” means if a student has used any quantity of an illegal substance or alcohol within a time period reasonably proximate to his/her presence on school property, on a school bus, in a school vehicle, or at a school-sponsored function and/or exhibits symptoms of such use as to lead to the reasonable conclusion of such consumption.

“Weapon” The term “weapon” is defined in 18 USC § 921 for purposes of the Gun Free Schools Act; it also means any other: gun; BB gun; pistol; revolver; shotgun; rifle; machine gun; disguised gun; dagger; dirk; razor; stiletto knife; switchblade knife; gravity knife; brass knuckles; slingshot; metal knuckle knife; pocket knife; pen knife; jackknife; multitool containing a blade; or other knife; box cutters; cane sword; electronic dart gun; Kung Fu star; electronic stun gun; pepper spray or other noxious spray; explosive or incendiary bomb; ammunition including but not limited to bullets, BBs and pellets; look alike fake weapons or any other object, material or substance (Other Item) used to cause physical injury or death, or when such Other Item is brandished as a weapon. Excluded from this definition are items authorized by a teacher or administrator and utilized for a valid school purpose (for example, the use of an exacto-knife on a project in art class).

For the purposes of this Code, a Prohibited “Firearm” includes:

1. Any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
2. The frame or receiver of any such weapon;
3. Any firearm muffler or firearm silencer; or
4. Any destructive device.

Such term does not include an antique firearm. For the purposes of this Code, the term “destructive device” means:

1. Any explosive, incendiary, or poison gas:
   1. bomb,
   2. grenade,
   3. rocket having a propellant charge of more than four ounces,
   4. missile having an explosive or incendiary charge of more than one-quarter ounce,
   5. mine, or
   6. device similar to any of the devices described in the preceding clauses;
2. Any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and
3. Any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled.

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Article II. Essential Partners

Providing a safe and orderly school environment involves a partnership of parents and school personnel. The following are expectations of each.

A. Parents/Guardians

The Code of Conduct is a guide for understanding the personal, social, and academic behaviors which are expected from your child while at school and school functions. This Code also guides how school staff will work with you and your child to help demonstrate positive behaviors and enjoy academic success.

To achieve this goal, parents will be encouraged to promote participation in restorative practices to resolve incidents and conflict and to support their child in receiving the maximum benefit from a restorative approach.

1. Students and parents are entitled to rights to privacy according to federal and state law
2. Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community
3. Send their children to school ready to participate and learn
4. Ensure their children attend school regularly and on time
5. Ensure their children are absent only for legal reasons
6. Insist their children be dressed and groomed in a manner consistent with the student dress code.
7. Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment
8. Know school rules and help their children understand them
9. Convey to their children a supportive attitude toward education and the District
10. Build positive relationships with teachers, counselors, other parents, and their children’s friends
11. Help their children deal effectively with peer pressure
12. Inform school officials of changes in the home situation that may affect student conduct or performance
13. Provide a place for study and support teachers’ requirements to complete school assignments
14. Initiate parent/student/teacher/counselor/psychologist conferences, as necessary, as a way to resolve problems
15. Maintain ongoing and frequent communication with school personnel in a respectful and timely manner:
    1. Contact the teacher regarding their child’s progress
    2. Contact the counselor regarding their child’s personal adjustment, future plans, and their class schedule, as appropriate
    3. Contact the administrator regarding their child’s behavior and unresolved concerns

B. Teachers

1. Maintain confidentiality and respect student and parent rights to privacy according to federal and state law
2. Should expect to be treated courteously, fairly and respectfully by students, parents/guardians and other school staff
3. Maintain a climate of mutual respect and dignity, regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, sex or any other legally protected status, which will strengthen each student’s self-concept and promote confidence to learn
4. Are prepared to teach
5. Demonstrate interest in teaching and concern for student achievement
6. Know school rules, and enforce them in a fair and consistent manner
7. Communicate to students and parents:
   a. Course objectives and requirements
   b. Marking/grading procedures
   c. Assignment deadlines
   d. Expectations for students
   e. Classroom discipline plan
8. Communicate regularly with students, parents, counselors, psychologists, and other teachers concerning student growth and achievement
9. Initiate parent/student/teacher/counselor/psychologist conference, as necessary, as a way to resolve a problem
10. Confront issues of bullying, discrimination and harassment or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function
11. Address personal biases that may prevent equal treatment of all students in the school or classroom setting
12. Report incidents of bullying, discrimination and harassment that are witnessed or otherwise brought to a teacher’s attention in a timely manner
13. Be open to active participation in resolving conflicts through a restorative process

C. Counselors/Psychologists/FSL

1. Maintain confidentiality and respect student and parent rights to privacy according to federal and state law
2. Should expect to be treated courteously, fairly, and respectfully by students, parents/guardians, and other school staff
3. Assist students in coping with peer pressure and emerging personal, socia,l and emotional problems
4. Initiate teacher/student/counselor/psychologist conferences as necessary and parent/teacher/student counselor/psychologist conferences, as necessary, as a way to resolve problems
5. Review educational progress and career plans with each student
6. Report information to a school administrator which might impact a safe, orderly school environment
7. Encourage students to benefit from the curriculum and extracurricular programs
8. Participate in crisis management
9. Refer students and/or parents to appropriate human service agencies outside the school
10. Assess student social and emotional behaviors
11. Maintain a climate of mutual respect and dignity, regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, sex, or any other legally protected status, which will strengthen each student’s self-concept and promote confidence to learn
12. Confront issues of bullying, discrimination, and harassment, or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function
13. Address personal biases that may prevent equal treatment of all students in the school or classroom setting
14. Report incidents of bullying, discrimination, and harassment that are witnessed or otherwise brought to a counselor’s/psychologist’s attention in a timely manner
15. Be open to active participation in resolving conflicts through a restorative process

D. Principals

1. Maintain confidentiality and respect student and parent rights to privacy according to federal and state law
2. Should be expected to be treated courteously, fairly, and respectfully by students, parents/guardians, and other school staff
3. Promote a safe, orderly, and stimulating school environment, supporting teaching and learning
4. Ensure that students, staff, and parents have the opportunity to communicate regularly with the principal
5. Evaluate all instructional programs on a regular basis
6. Support the development of, and student participation in, appropriate extracurricular activities
7. Be responsible for enforcing the Code of Conduct and ensuring that all cases are resolved promptly and fairly
8. Ensure regular communication with law enforcement agencies
9. Initiate parent/student/teacher/counselor/psychologist conferences, as necessary, as a way to resolve a problem
10. Maintain a climate of mutual respect and dignity, regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, sex, or any other legally protected status, which will strengthen each student’s self-concept and promote confidence to learn
11. Confront issues of bullying, discrimination, and harassment, or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function
12. Address personal biases that may prevent equal treatment of all students in the school or classroom setting
13. Report incidents of bullying, discrimination, and harassment that are witnessed or otherwise brought to a principal’s attention in a timely manner
14. Be open to active participation in resolving conflicts through a restorative process

E. Superintendent

1. Maintain confidentiality and respect student and parent rights to privacy according to federal and state law
2. Should expect to be treated courteously, fairly, and respectfully by students, parents/guardians, and other school staff
3. Promote a safe, orderly, and stimulating school environment, supporting teaching and learning
4. Review the policies of the Board and state and federal laws relating to school operations and management with District administrators
5. Ensure that staff and parents have the opportunity to communicate with the superintendent
6. Work to create instructional programs that minimize problems of misconduct and are sensitive to student and teacher needs
7. Work with District administrators, when appropriate, in reinforcing the Code of Conduct to ensure that cases are resolved promptly and fairly
8. Maintain a climate of mutual respect and dignity, regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, sex or any other legally protected status, which will strengthen each student’s self-concept and promote confidence to learn
9. Confront issues of bullying, discrimination and harassment or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function
10. Address personal biases that may prevent equal treatment of all students in the school or classroom setting
11. Report incidents of bullying, discrimination and harassment that are witnessed or otherwise brought to the superintendent’s attention in a timely manner

F. Board of Education

1. Maintain confidentiality and respect student and parent rights to privacy according to federal and state law
2. Should expect to be treated courteously, fairly, and respectfully by students, parents/guardians, and other school staff
3. Adopt, review at least once a year, and modify as appropriate, the Code of Conduct
4. Maintain a climate of mutual respect and dignity, regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, sex, or any other legally protected status, which will strengthen each student’s self-concept and promote confidence to learn
5. Confront issues of bullying, discrimination, and harassment, or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function
6. Address personal biases that may prevent equal treatment of all students in the school or classroom setting
7. Report incidents of bullying, discrimination, and harassment that are witnessed or otherwise brought to a Board member’s attention in a timely manner

G. All other School Employees (instructional and non-instructional)

1. Maintain confidentiality and respect student and parent rights to privacy according to federal and state law
2. Should expect to be treated courteously, fairly, and respectfully by students, parents/guardians, and other school staff
3. Promote a safe, orderly, and stimulating school environment, supporting teaching and learning
4. Maintain a climate of mutual respect and dignity, regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, sex, or any other legally protected status, which will strengthen each student’s self-concept and promote confidence to learn
5. Confront issues of bullying, discrimination, and harassment, or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function
6. Address personal biases that may prevent equal treatment of all students in the school or classroom setting
7. Report incidents of bullying, discrimination and harassment that are witnessed or otherwise brought to the superintendent’s attention in a timely manner
8. Be open to active participation in resolving conflicts through a restorative process

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Article III: Student Conduct

A. Student Rights

The district is committed to safeguarding the rights given to all students under federal and state law and district policy. In addition, to promote a safe, healthy, orderly and supportive school environment, all district students have the right to:

1. Students are entitled to rights to privacy according to federal and state law
2. Be free from bullying, discrimination, harassment and retaliation on school property or school functions including, but not limited, to the educational program, activities, or admission policies of their school. Such conduct shall include, but is not limited to, threats, intimidation or abuse based on a person’s actual or perceived race including natural hair and hairstyle, color, weight, national origin, ethnic origin, ethnic group, religion, religious practices, disability, sex, sexual orientation, gender (including gender identity and expression) or any other legally protected status
3. An education that offers opportunity for inquiry and development to their fullest potential
4. Constructive discipline for the development of good character, conduct, and habits
5. Security in the school community against influences detrimental to proper development
6. An educational climate where the well-being of students is of primary concern
7. An educational staff that exhibits a positive role model
8. The opportunity to develop and express opinions, beliefs and values, provided such expression is not disruptive, slanderous or insubordinate
9. Wholesome extracurricular activities
10. Health and psychological services to assist in physical, mental and social development
11. An appropriate education and/or remediation to serve special needs
12. Consideration as an individual within the educational environment
13. The opportunity to approach teachers and administrators with reasonable requests and questions concerning education
14. To be provided with clear expectations regarding:
    • Course objectives, requirements and state standards;
    • Grading criteria and procedures;
    • Assignment requirements and deadlines; and
    • School and classroom rules and expectations regarding behavior

B. Student Responsibilities

All students have the responsibility to:

1. Contribute to maintaining a safe, supportive, and orderly school environment that is conducive to learning, and to show respect to other persons and to property
2. Help make school a community free of violence, intimidation, bullying, harassment, and discrimination
3. Work toward personal growth
4. Accept responsibility for their actions
5. Be honest with themselves and others
6. Show respect for fellow students, teachers, and all school District staff
7. Work to develop skills to manage their emotions and reactions and resolve conflicts with others
8. Perform all assignments to the best of their ability
9. Consider their education as preparation for the future
10. Be familiar with and abide by district policies, rules and regulations dealing with student conduct
11. Respect public, private, and school property
12. Attend school regularly and punctually
13. Develop high moral standards and the courage to live by them
14. Strive for mutually respectful relationships and comply with reasonable requests of teachers, administrators, and other District staff
15. Inform an adult in the school about any threat to safety within the school environment
16. Take full advantage of educational opportunities available at school
17. Learn and practice civic responsibility
18. Be open to active participation in resolving conflicts through a restorative process
19. Conduct themselves as representatives of the district when participating in or attending school-sponsored extracurricular events, and hold themselves to the highest standards of conduct, demeanor, and sportsmanship

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C. Student Dress Code

All students are expected to give attention to personal grooming and to dress appropriately for school and school functions. Students and their parents have the primary responsibility for acceptable student dress and appearance.

Teachers and all other District personnel should exemplify and reinforce acceptable student dress, thereby helping students develop an understanding of appropriate appearance in the school setting.

The intent of the dress code is to foster an environment that is sanitary, safe, and conducive to teaching and student learning. It is also intended to provide guidance to prepare students for their role in the work place and society.

A student’s dress, grooming, and appearance shall:

1. Be safe, and not disrupt or interfere with the educational process
2. Not include any item that is vulgar, obscene, libelous, or that denigrates another’s race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity, disability or any other legally protected status
3. Not promote and/or endorse the use of alcohol, tobacco, or illegal substances, and/or encourage other illegal or violent activities

Nothing in this Dress Code will be construed to limit the ability of students to dress and/or groom themselves in a way that allows them to express their gender identity, or to discipline students for doing so. Nothing in this Dress Code will be construed to limit the ability of students to wear certain protective hairstyles (including but not limited to braids, locks and twists) or to wear their hair in a particular texture, or to discipline students for doing so.

Students who violate the student dress code shall be required to modify their appearance by covering or removing the offending item, and if necessary or practical, replacing it with an acceptable item. Any student who refuses to do so shall be subject to discipline, up to and including in-school suspension for the day. Any student who repeatedly fails to comply with the dress code shall be considered insubordinate and shall be subject to further discipline, up to and including out-of-school suspension.

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D. Behavior-Related Offenses and Consequences

Students are expected to conduct themselves in an appropriate and civil manner, with regard for the rights and welfare of other students, district personnel, and other members of the school community, and for the care of school facilities and equipment.

The best discipline is self-imposed, and students must learn to assume and accept responsibility for their own behavior, as well as the consequences of their misbehavior. District personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students’ ability to grow in self-discipline.

Expectations for student conduct while on school property or while engaged in a school function should be specific and clear. The rules of conduct listed hereafter are intended to focus on safety and respect for the rights and property of others. Students who do not accept responsibility for their own behavior and who violate school rules will be required to accept penalties for their conduct.

Disciplinary action, when necessary, will be firm, fair, and consistent so as to be the most effective in changing student behavior. The staff at a school has the responsibility for taking appropriate actions when a student is involved in a situation which disrupts the learning environment of a school.

When determining the consequences, the following may be taken into consideration:

• The nature of the offense and the circumstances which led to the offense
• The age-appropriateness of the consequence
• The student’s prior disciplinary record
• The effectiveness of other forms of discipline
• Information from parents, teachers and/or others, as appropriate
• The extent to which the offense interfered with the responsibility/rights/privileges/property of others
• The extent to which the offense posed a threat to the health and safety of others
• Other extenuating circumstances

As a general rule, discipline is progressive. This means that a student’s first violation usually merits a lesser penalty than subsequent violations. However, the District may impose any level of discipline, even for a first violation, that is proportionate to the misconduct at issue. The superintendent retains the authority to expel (permanently suspend) a student.

Code of Conduct violations and consequences, other than suspension, will be communicated to persons in parental relation as soon as practicable, and may be communicated via email, phone or letter. In the event of student suspension, Board policy 7313 (Suspension of Students) dictates the means of communication to persons in parental relation.

Although not all-inclusive, the following list of offenses on school property or at a school function and range of consequences apply in most circumstances.

Classroom Level

OPTIONS

These classroom interventions aim to redirect behavior and support students to learn and demonstrate safe and respectful behavior. Teachers have the opportunity to utilize a variety of teaching and classroom management strategies, including collaboration and reporting concerns to support staff. In cases of minor infractions, a lack of prior incidents, and/or the absence of existing interventions, a classroom response may be the appropriate course of action.

• Verbal Prompt/Redirection
• Positive Directives
• Review of Classroom Expectations
• Teacher/Student Conference
• Behavior or Check In Plan
• Restorative Conference/Mediation
• Reset
• Counselor Visit
• Parent/Guardian Contact
• Parent/Guardian Conference
• Teacher Detention

Level I

When classroom interventions have been utilized, the behavior remains persistent, and it negatively impacts learning. Alternatively, if the behavior requires immediate administrative attention level 1 responses will be documented as a referral. Non-urgent classroom behavior that can be addressed within the classroom then followed up by an administrative response.

OPTIONS

• Warning/verbal reprimand
• Time-out or out-of-classroom
• Loss of privilege
• Conference with student
• Communication with parent
• Detention
• Counseling
• *Restitution
• Assigned seat (classroom or bus)

Level II

When behavior persists and negatively impacts learning or the learning environment, or requires immediate administrative attention, Level 2 responses will be documented as a referral.

OPTIONS

• Removal from class
• *Suspension in-school
• *Police consultation
• *Removal from school property
• *Suspension-bus

Level III

Discipline is progressive. This means that a student’s first violation usually merits a lesser penalty than subsequent violations. However, the District may impose any level of discipline, even for a first violation, that is proportionate to the misconduct at issue.

Expulsion/permanent suspension is reserved for extraordinary circumstances such as where a student’s conduct poses extreme danger to the safety and well-being of other students, Fayetteville-Manlius Central School District personnel, or any other person lawfully on Fayetteville-Manlius Central School District property or attending a Fayetteville-Manlius Central School District function; or severely disrupts/undermines the educational programs of the District.

OPTIONS

• Suspension out-of-school – Short-Term*
• Suspension out-of-school – Long-Term**
• **Expulsion (permanent suspension)

*Administrator action only
**Superintendent action only

Although this list is not all-inclusive, the following list of offenses may result in disciplinary action, the range of which is further described in this Code. The District reserves the right to discipline students for any conduct considered to be insubordinate, disorderly, violent or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of self or others.

Offenses and Consequences

• Absence (Unlawful): An absence for a day or any portion of a day for any reason other than those cited as lawful (as listed in the student handbook) and/or failure to bring a note by a parent/person in parental relation, parent/guardian to verify a lawful absence
  • Range of Consequences: I-III
• Alcohol and Other Illegal Substance Use/Abuse: Possession, distribution, use, consumption, being under the influence, purchase, or sale of illegal substances, defined by this Code
  • Range of Consequences: II-III 
• Arson/Fire: Attempting to, aiding in, or setting fire to a building or other property
  • Range of Consequences: II-III
• Bus Misbehavior: Any violation of bus behavior rules (as listed in the student handbook)
  • Range of Consequences: I-II
• Cheating/Academic Dishonesty: Copying, plagiarizing, altering records, or assisting another in such actions, including but not limited to using artificial intelligence (“AI”) technology and tools to engage in Cheating and/or Academic Dishonesty
• Range of Consequences: I-III
• Computer/Electronic Communication Misuse: Any unauthorized use of computers, software, or Internet/Intranet account; unauthorized access to Internet/intranet, another’s email, or an inappropriate website; misuse of a website; unauthorized taping (audio/video), filming or photographing; damage of electronic devices or any violation of the district’s Acceptable Use Policy
  • Range of Consequences: I-III
• Cutting Class: Unauthorized absence from a class or school activity
  • Range of Consequences: I-II
• Defamation: False or unprivileged statement or representation about an individual or identifiable group of individuals that harms the reputation of the person or the identifiable group
  • Range of Consequences: I-II
• Destruction of Property/Vandalism: Damage, destruction, or defacement (graffiti) of property belonging to another or the school
  • Range of Consequences: II-III
• Disrespect Toward Others: Inappropriate conduct, comment or physical gesture to a student, teacher, staff member, or other adult; I-II
• Disorderly Conduct: Behavior that disturbs the atmosphere or order, including obstructing or restraining the authorized or lawful movement or participation of another
  • Range of Consequences: I-II
• Disruption – Classroom: Behavior that is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom
  • Range of Consequences: I-III
• Disruption – School: Behavior that interferes with the safe and/or orderly environment of the school or school activity
  • Range of Consequences: I-III
• Dress Code: Violation of dress code
  • Range of Consequences: I-II
• Driving/Parking Violations: Failure to obey all state, District, and campus traffic and parking signs and rules
  • Range of Consequences: I-II
• Failure to Serve Assigned Consequences: Failure to serve detention, Saturday detention, suspension, or other assigned consequences
  • Range of Consequences: I-II
• False Alarms/Bomb Threats: Initiating a report or warning of fire, or catastrophe, without valid cause; misuse of 911; discharging a fire extinguisher; or tampering with or removing from its compartment an automated external defibrillator (AED)
  • Range of Consequences: II-III
• Fighting: Hostile confrontation with physical contact involving two or more students
  • Range of Consequences: II-III
• Fireworks or Explosives: Possession, use, and/or threat to use a firework, smoke bomb, flare, or combustible or explosive substance
  • Range of Consequences: II-III
• Gambling: Wagering money or property
  • Range of Consequences: I-II
• Harassment/Bullying/CyberBullying/Discrimination: As defined in this Code
  • Range of Consequences: I-III
• Hazing: As defined in this Code
  • Range of Consequences: I-III
• Indecent Exposure: Exposing the private parts of the body in a lewd or indecent manner
  • Range of Consequences: I-II
• Non-Compliance/Disruptive and Uncooperative Behavior: Lack of prompt, respectful compliance with directions or requests of any school staff member, including teachers, support personnel, secretaries, custodians, and bus drivers
  • Range of Consequences: I-III
• Leaving Classroom Without Permission: Leaving a classroom without permission
  • Range of Consequences: I-II
• Leaving School Grounds Without Permission/Elopement: Leaving school grounds/school building during regular school hours without written or verbal permission from an administrator
  • Range of Consequences: I-II
• Loitering: Idle presence in an area without authorization.
  • Range of Consequences: I-II
• Physical Attack on Staff/Students/Others: Assault, or aggressive physical action, directed at students, staff, or others, including a situation where a staff member is intervening in a fight or other disruptive activity
  • Range of Consequences: II-III
• Physical Contact: Welcomed or unwelcomed touching, hitting, slapping, pushing, grabbing, tripping, shoving, kicking, spitting, or any other inappropriate physical act of aggression by one student directed at another student that does not rise to the level of excessive physical aggression (includes actions considered “play fighting” or horseplay)
  • Range of Consequences: I-II
• Possession of Disruptive Items: Unauthorized possession of a sound box, laser pointer, squirt gun, water balloon, or any other disruptive item
  • Range of Consequences: I-II
• Possession and/or use of Portable Electronic Communication or Recording Devices: Unauthorized possession and/or use of cellular phone, camera, video/audio device, or any other electronic device
  • Range of Consequences: I-II
• Possession of Skateboards/Rollerblades/Scooters/ATVs/Snowmobiles: Unauthorized possession or use of a skateboard, scooter, rollerblades, all-terrain vehicle or snowmobile on school property
  • Range of Consequences: I-II
• Profanity/Inappropriate Language: Using vulgar or abusive language, cursing, or swearing
  • Range of Consequences: I-II
• Refusal to Submit to Alcohol/Drug Test: Refusing to take a saliva-based drug test, AlcoSensor test, or Breathalyzer test, or refusing to permit a staff member to smell breath
  • Range of Consequences: II-III
• Retaliation: As defined in this Code
  • Range of Consequences: I-III
• Sexual Harassment: Unwanted and inappropriate verbal, written, or physical conduct of a sexual nature directed toward another person
  • Range of Consequences: I-III
• Tardiness: Lateness to school or class
  • Range of Consequences: I-II
• Theft: Taking or obtaining property of another without permission of the owner. Possession of stolen property and attempted theft
  • Range of Consequences: II-III
• Threat to Staff, Student or Other Person: Expression, conveyed by word or action, of intent to abuse, intimidate, coerce, or injure a staff member, student, or other person
  • Range of Consequences: I-III
• Tobacco Products Purchase or Sale of any Tobacco Product as Defined in this Code Violation: Possession, distribution, use, consumption, being under the influence, purchase or sale of any Tobacco Product, as defined in this Code
  • Range of Consequences: I-II
• Trespassing: Unauthorized presence on school property, including while on suspension
  • Range of Consequences: I-II
• Truancy: Unlawful absence without parental knowledge and/or permission
  • Range of Consequences: I-II
• Weapon Possession: Possession of a weapon, as defined in this Code
  • Range of Consequences: II-III

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E. Teacher Removal of Disruptive Students

A student’s behavior can affect a teacher’s ability to teach and can make it difficult for other students in the classroom to learn. In most instances the classroom teacher can control a student’s behavior and maintain or restore control over the classroom by using good classroom management techniques. These techniques may include practices that involve the teacher directing a student to briefly leave the classroom to give the student an opportunity to regain composure and self-control in an alternative setting. Such practices may include, but are not limited to:

1. short-term “time out” in an elementary classroom or in an administrator’s office;
2. sending a student into the hallway briefly;
3. sending a student to the Principal’s office for the remainder of the class time only; or
4. sending a student to a guidance counselor or other district staff member for counseling. Time-honored classroom management techniques such as these do not constitute disciplinary removals for purposes of this code.

Teachers will first use interventions aimed at teaching appropriate and responsible behaviors so students can learn and demonstrate safe and respectful academic, social and emotional behavior. Examples of these include using affective statements, using affective questions, establishing relationships with students, giving positive directives that state expectations, and giving positive and specific feedback etc.

On occasion, a student’s behavior may become more disruptive than a teacher can manage. For purposes of this code of conduct, a disruptive student is a student who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom. A substantial disruption of the educational process or substantial interference with a teacher’s authority occurs when a student demonstrates a persistent unwillingness to comply with the teacher’s instructions or repeatedly violates the teacher’s classroom behavior rules.

A classroom teacher may remove a disruptive student from class for up to two days. The removal from class applies to the class of the removing teacher only.

If the disruptive student does not pose a danger or ongoing threat of disruption to the academic process, the teacher must provide the student with an explanation for why they are being removed and an opportunity to explain their version of the relevant events before the student is removed. Only after the informal discussion may a teacher remove a student from class.

If the student poses a danger or ongoing threat of disruption, the teacher may order the student to be removed immediately. The teacher must, however, explain to the student why they were removed from the classroom and give the student a chance to present their version of the relevant events within 24 hours.

The teacher must complete a district-established disciplinary removal form and meet with the Principal or designee as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal and to present the removal form. If the Principal or designee is not available by the end of the same school day, the teacher must leave the form with the secretary and meet with the Principal or designee prior to the beginning of classes on the next school day.

Within 24 hours after the student’s removal, the Principal or another district administrator designated by the Principal must notify the student’s parent, in writing, that the student has been removed from class and why. The notice must also inform the parent that they have the right, upon request, to meet informally with the Principal or the Principal’s designee to discuss the reasons for the removal.

The Principal may require the teacher who ordered the removal to attend the informal conference.

If at the informal meeting the student denies the charges, the Principal or the Principal’s designee must explain why the student was removed and give the student and the student’s parents a chance to present the student’s version of the relevant events. The informal meeting must be held within 48 hours of the student’s removal. The timing of the informal meeting may be extended by mutual agreement of the parent and Principal.

The Principal or the Principal’s designee may overturn the removal of the student from class if the Principal finds any one of the following:

1. The charges against the student are not supported by substantial evidence.
2. The student’s removal is otherwise in violation of law, including the district’s code of conduct.
3. The conduct warrants suspension from school pursuant to Education Law §3214 and a suspension will be imposed.

The Principal or designee may overturn a removal at any point between receiving the referral form issued by the teacher and the close of business on the day following the 48-hour period for the informal conference. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the Principal makes a final determination, or the period of removal expires, whichever is less.

Any disruptive student removed from the classroom by the classroom teacher will be offered continued educational programming and activities until they are permitted to return to the classroom.

Each teacher must keep a complete log (on a district provided form) for all cases of removal of students from their class. The Principal must keep a log of all removals of students from class.

Removal of a student with a disability, under certain circumstances, may constitute a change in the student’s placement. Accordingly, no teacher may remove a student with a disability from class until they have verified with the Principal or the chairperson of the Committee on Special Education that the removal will not violate the student’s rights under state or federal law or regulation.

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F. Students Who Are Repeatedly Substantially Disruptive or Substantially Interfere with the Teacher’s Authority

Over the Classroom

Any student, other than a student with a disability, who engages in conduct that results in the student being removed from the classroom by the same teacher on four or more occasions during a school semester will be suspended from school for one day. Any student, other than a student with a disability, who engages in conduct that results in the student being removed from the classroom on 10 or more occasions in a school year, by the same teacher or multiple teachers, will be suspended from school initially for three days. The principal has the authority to modify the three-day suspension on a case-by-case basis. If the principal wishes to seek a suspension of greater than five days, the principal will activate the superintendent’s hearing process with its required notice provisions. In addition, there may be an occasion when it will be appropriate to refer a disruptive student to a school counselor or psychologist who, in turn, may refer a student (and parent) to appropriate human services organizations outside the school.

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G. Mandatory Suspension for Violent Pupil

Any student, other than a student with a disability, who is found to have committed a violent act shall be subject to suspension from school for at least five days. If the proposed penalty is the minimum five-day suspension, the student and the student’s parent will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds the minimum five-day suspension, the student and the student’s parent will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent may consider the same factors considered in modifying a one-year suspension for bringing a firearm to school.

A student with a disability may be suspended in accordance with the requirements of state and federal law.

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H. Mandatory Suspension for Bringing a Firearm to School

Students Who Bring a Weapon to Fayetteville-Manlius Central School District Property or Functions

Any student found guilty of bringing or possessing a “firearm,” as defined above, onto Fayetteville-Manlius Central School District property will be subject to suspension from Fayetteville-Manlius Central School District programs for at least one calendar year. Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law §3214. The superintendent has the authority to modify the one-year suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent may consider the following:

1. The student’s age.
2. The student’s grade in school.
3. The student’s prior disciplinary record.
4. The superintendent’s belief that other forms of discipline may be more effective.
5. Input from parents/persons in parental relation, teacher, and/or others.
6. Other extenuating circumstances.

A student with a disability may be suspended in accordance with the requirements of state and federal law.

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I. Discipline of Students with Disabilities

At times, it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. Students with disabilities are afforded certain procedural protections whenever school authorities intend to impose discipline upon them. Procedures followed for suspending, removing, or otherwise disciplining students with disabilities must be consistent with the procedural safeguards required by applicable laws and Part 200 of the Regulations of the Commissioner of Education.

This Code of Conduct affords students with disabilities subject to disciplinary action no greater or lesser rights than those expressly afforded by applicable federal and state law and regulations.

1. Authorized Suspensions or Removals of Students with Disabilities

A. For purposes of this section of the Code of Conduct, the following Definitions apply:

A “suspension” means a suspension pursuant to Education Law §3214.

A “removal” means a removal for disciplinary reasons from the students’ current educational placement other than a suspension and other than a change in placement to an interim alternative educational setting (IAES) ordered by an impartial hearing officer because the student poses a risk of harm to himself or herself or others.

An “IAES” means a temporary educational placement, other than the student’s current placement at the time the behavior precipitating the IAES placement occurred, that enables the student to continue to progress in the general curriculum, although in another setting, to continue to receive those services and modifications, including those described on the student’s current individualized education program (IEP), that will enable the student to meet the goals set out in such IEP, and include services and modifications to address the behavior which precipitated the IAES placement that are designed to prevent the behavior from recurring.

B. School personnel may order the suspension or removal of a student with a disability from his or her current educational placement as follows:

1. The Board, the superintendent of schools or a building principal may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five consecutive days and not to exceed the amount of time a non-disabled student would be subject to suspension for the same behavior.
2. The superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for up to 10 consecutive school days, inclusive of any period in which the student has been suspended or removed under subparagraph (a) above for the same behavior, if the superintendent determines that the student has engaged in behavior that warrants a suspension and the suspension or removal does not exceed the amount of time non-disabled students would be subject to suspension for the same behavior.
3. The superintendent may order additional suspensions of not more than 10 consecutive school days in the same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.
4. The superintendent may order the placement of a student with a disability in an IAES to be determined by the committee on special education (CSE), for the same amount of time that a student without a disability would be subject to discipline, but not more than 45 school days, if the student carries or possesses a weapon to school or to a school function, the student knowingly possesses or uses illegal drugs, sells or solicits the sale of a controlled substance while at school or a school function, or has inflicted serious bodily injury while at school or at a school activity.

For purposes of this subsection (B)(iv) of the Code of Conduct, the following definitions apply:

1. “Weapon” means the same as “dangerous weapon” under 18 U.S.C. § 930(g)(2) which includes “a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except…[for] a pocket knife with a blade of less than 2 1/2 inches in length.”
2. “Controlled substance” means a drug or other substance identified in certain provisions of the federal Controlled Substances Act specified in both federal and state law and regulations applicable to this policy.
3. “Illegal drugs” means a controlled substance except for those legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or any other federal law.
4. “Serious bodily injury” as defined in 18 USCA §1365(h) means a bodily injury that involves:
   1. a substantial risk of death; or
   2. extreme physical pain; or
   3. protracted or obvious disfigurement; or
   4. protracted loss or impairment of the function of a bodily member, organ or mental faculty. An impartial hearing officer may order the placement of a student with a disability in an IAES setting for up to 45 school days at a time, if maintaining the student in his or her current educational placement poses a risk of harm to the student or others.
5. Subject to specified conditions required by both federal and state law and regulations, an impartial hearing officer may order the placement of a student with a disability in an IAES setting for up to 45 days at a time, if maintaining the student in his or her current educational placement is substantially likely to result in injury to the student or others.

2. Change of Placement Rule

A. A disciplinary change in placement means a suspension or removal from a student’s current educational placement that is either:

1. for more than 10 consecutive school days; or
2. for a period of 10 consecutive school days or less, if the student is subjected to a series of suspensions or removals that constitute a pattern because they cumulate to more than 10 school days in a school year and because of such factors as the length of each suspension or removal, the total amount of time the student is removed, and the proximity of the suspensions or removals to one another.

When a decision is made by a board of education, building principal or superintendent to impose a suspension that constitutes a disciplinary change in placement, the CSE must conduct a Manifestation Determination Review. The review examines the relationship between the student’s disability and the behavior subject to disciplinary action, to determine if the conduct in question is substantially and directly related to the educational disability.

B. School personnel may not suspend or remove a student with disabilities if imposition of the suspension or removal would result in a disciplinary change in placement based on a pattern of suspension or removal

However, the District may impose a suspension or removal, which would otherwise result in a disciplinary change in placement, based on a pattern of suspensions or removals if the Committee on Special Education (CSE) has determined that the behavior was not a manifestation of the student’s disability.

3. Special Rules Regarding the Suspension or Removal of Students with Disabilities

The District’s CSE shall conduct functional behavioral assessments to determine why a student engages in a particular behavior, and develop or review behavioral intervention plans whenever the District is first suspending or removing a student with a disability for more than 10 school days in a school year or imposing a suspension or removal that constitutes a disciplinary change in placement, including a change in placement to an interim alternative educational setting for misconduct involving weapons, illegal drugs or controlled substances.

If subsequently, a student with a disability who has a behavioral intervention plan and who has been suspended or removed from his or her current educational placement for more than 10 school days in a school year is subjected to a suspension or removal that does not constitute a disciplinary change in placement, the members of the CSE shall review the behavioral intervention plan and its implementation to determine if modifications are necessary.

If one or more members of the CSE believe that modifications are needed, the school District shall convene a meeting of the CSE to modify such plan and its implementation, to the extent the committee determines necessary.

The parents of a student who is facing disciplinary action, but who has not yet been determined to be eligible for services under IDEA and Article 89 at the time of misconduct, shall have the right to invoke applicable procedural safeguards set forth in federal and state law and regulations if, in accordance with federal and state statutory and regulatory criteria, the school district is deemed to have had knowledge that their child was a student with a disability before the behavior precipitating disciplinary action occurred. If the district is deemed to have had such knowledge, the student will be considered a student presumed to have a disability for discipline purposes.

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J. Athletic and Field Trip Conduct

A student subjected to a suspension from athletic participation, an extra-curricular activity, or other privilege will be provided with a reasonable opportunity for an informal conference, with his/her parent/guardian present with the District official imposing the suspension to discuss the conduct and the penalty involved.

The athletic Code of Conduct is contained in Board Policy, 7420, “Athletics Program.” Expected student conduct on field trips is delineated in Board Policy 8460, “Field Trips” and its corresponding Administrative Regulation.

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K. Out-of-School Suspension Procedures

Suspension from school is a penalty, which may be imposed only upon students who are insubordinate, disorderly, violent or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others.

The board retains its authority to suspend students, but places primary responsibility for the suspension of students with the superintendent and the building principals.

Any staff member may recommend to the superintendent or the principal that a student be suspended. All staff members must immediately report and refer a violent student to the principal or the superintendent for a violation of the Code of Conduct. All recommendations and referrals shall be made in writing unless the conditions underlying the recommendation or referral warrant immediate attention. In such cases a written report is to be prepared as soon as practical by the staff member recommending the suspension.

The superintendent or principal, upon receiving a recommendation or referral for suspension or when processing a case for suspension, shall gather the facts relevant to the matter and record them for subsequent presentation, if necessary.

In the event of a student’s suspension prior to or concurrent with snow days or other emergency days, the student’s suspension will resume on the first school day immediately following the snow day or other emergency day.

1. Short-term (five days or less) Suspension from School

When the superintendent or principal (referred to as the “suspending authority”) propose to suspend a student charged with misconduct for five days or less pursuant to Education Law §3214(3), the suspending authority must immediately notify the student orally. If the student denies the misconduct, the suspending authority must provide an explanation of the basis for the proposed suspension. The suspending authority must also notify the student’s parents/persons in parental relation in writing that the student may be suspended from school. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the decision to propose suspension at the last known address for the parents/guardians. Where possible, notice should also be provided by telephone if Fayetteville-Manlius Central School District has been provided with a telephone number(s) for the purpose of contacting the parents/guardians.

The notice shall provide a description of the charges against the student and the incident for which suspension is proposed and shall inform the parent/persons of parental relation of the right to request an immediate informal conference with the principal. Both the notice and the informal conference shall be in the dominant language or mode of communication used by the parents/persons in parental relation. At the conference, the parents/persons of parental relation shall be permitted to ask questions of the complaining witnesses under such procedures as the principal may establish.

The notice and opportunity for an informal conference shall take place before the student is suspended unless the student’s presence in school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process. If the student’s presence does pose such a danger or threat of disruption, the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practical.

After the conference, the principal shall promptly advise the parents/persons in parental relation in writing of his or her decision. 

2. Long-term (more than five days) Suspension from School

When the superintendent or building principal determines that a suspension for more than five days may be warranted, that administrator shall give reasonable notice to the student and the student’s parents/persons of parental relation of their right to a fair hearing. At the hearing, the student shall have the right to be represented by counsel, the right to question witnesses against him or her, and the right to present witnesses and other evidence on his or her behalf.

The superintendent shall personally hear and determine the proceeding or may, at his or her discretion, designate a hearing officer to conduct the hearing. The hearing officer shall be authorized to administer oaths, and to issue subpoenas in conjunction with the proceeding before him or her. A record of the hearing shall be maintained, but no stenographic transcript shall be required. A tape recording shall be deemed a satisfactory record. The hearing officer shall make findings of fact and recommendations, as to the appropriate measure of discipline to the superintendent. The report of the hearing officer shall be advisory only, and the superintendent may accept all or any part thereof.

Appeals Process- Building Principal Decision

If a parent or person in parental relation wishes to appeal the decision of the building principal they must file a written appeal to the Superintendent of Schools within ten (10) business days of the date of the decision unless they can show extraordinary circumstances precluding them from doing so. The Superintendent will respond to the appeal within ten (10) business days. The Superintendent shall advise the parents/persons in parental relation that if they are not satisfied with his/her decision as a result of their appeal and wish to pursue the matter; they must file a written appeal to the Board of Education with the District Clerk within ten (10) business days of the superintendent’s decision unless they can show extraordinary circumstances preventing them from doing so. Only the final decision of the Board may be appealed to the Commissioner of Education. These appeals must be filed within thirty (30) days of the Board of Education’s decision.

Appeal Process-Disciplinary Hearing

If, after a Superintendent’s Hearing, a student has been found guilty of violating the school’s Code of Conduct, a person
who has a parental relationship to the student can appeal that decision as well as the imposed penalty. The process for such an appeal will be included in the disciplinary letter sent from the Superintendent’s office.

If the appeal to the Board of Education is denied, the petitioner may appeal that decision to the New York State Commissioner of Education. To do so, the following steps must be followed:

• The process for such an appeal will be included in the appeal response letter issued on behalf of the Board of Education.

If that petition is denied, decisions of the New York State Commissioner of Education can be reviewed by a New York State Court.

3. Permanent Suspension

Permanent suspension is reserved for extraordinary circumstances such as where a student’s conduct poses extreme danger to the safety and well-being of other students, Fayetteville-Manlius Central School District personnel, or any other person lawfully on Fayetteville-Manlius Central School District property or attending a Fayetteville-Manlius Central School District function, or severely disrupts/undermines the educational programs of the district.

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L. Alternative Instruction

When a student of any age is removed from class by a teacher, or a student of compulsory attendance age is suspended from school pursuant to Education Law §3214, Fayetteville-Manlius Central School District will take immediate steps to provide alternative means of instruction for the student. In addition, alternative instruction will be made available to any student over the compulsory attendance age who presents a sincere desire to complete his/her high school education.

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Article IV: Search and Seizure

All students will be issued two types of lockers in which to keep school-related materials. The hall locker is for the students’ books, coats, lunch, etc., while one issued for physical education is merely for temporary storage of clothing. All lockers, locks, combinations, and/or keys are the property of the school; students are not to put personal locks on their hall lockers. Lockers may not be used for the storage of any materials, the possession of which violates the law or this Code of Conduct.

Students are strongly encouraged not to divulge their combination to any other person. This will help to ensure security, since the school is not responsible for items missing from lockers. Students should take extra precautions before they leave a locker to be sure that it is locked and not set to open position. Turn the dial to another position so that all numbers must be reset to open, ensuring the locker is properly secure. If students discover something missing from their lockers, they should report the loss to an administrator.

Lockers and desks are provided for student convenience, but are the property of the school District. Students have no expectation of privacy for anything contained in lockers or desks. The District reserves the right of school administrators to conduct periodic inspections of lockers and/or desks for any reason at any time without notice, without student consent, and without a search warrant. Searches of a student and/or his/her possessions or automobile will be governed by the reasonable suspicion standard established by the administration. In addition, drug-detecting dogs may be used in accordance with applicable law.

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Article V: Remedial Responses to Violation of the Code of Conduct

Students who violate this code may also be referred to remedial action as the facts may warrant, including any of the measures listed below:

1. peer support groups; corrective instruction or other relevant learning or service experience;
2. supportive intervention;
3. behavioral assessment or evaluation;
4. behavioral management plans, with benchmarks that are closely monitored; and/or
5. student counseling and parent conferences.

Beyond these individual-focused remedial responses, school-wide or environmental remediation may also be utilized. These strategies may include:

1. school and community surveys or other strategies for determining the conditions contributing to the relevant behavior;
2. adoption of research-based prevention programs;
3. modification of schedules;
4. adjustment in hallway traffic and other student routes of travel;
5. targeted use of monitors;
6. staff professional development;
7. parent conferences;
8. involvement of parent-teacher organizations; and/or
9. peer support groups.

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Article VI: Collaboration with Community Resources and Law Enforcement

A. Human Services Agencies and Person In Need of Supervision (PINS) Petitions

When there is evidence of educational neglect, the building principal, in consultation with the superintendent, shall determine whether a report to the appropriate agency is warranted.

When there is evidence of child abuse, neglect, or maltreatment, all mandated reporters shall follow the procedures established by law and district policy.

When a student is frequently absent from or tardy without valid excuse; is habitually disobedient, ungovernable, or non-compliant with this Code of Conduct; or is in possession of marijuana in violation of the penal law; then the building principal, in consultation with the superintendent, may initiate the pre-PINS diversion process with the appropriate county lead agency. If the district is notified by the responsible county lead agency that no further diversion services are warranted, the building principal, in consultation with the superintendent, shall determine whether to initiate a PINS petition in Family Court.

The District may file a PINS (person in need of supervision) petition in Family Court on any student under the age of 18 who demonstrates that the student requires supervision and treatment by:

1. Being habitually truant and not attending school as required by part one of Article 65 of the Education Law.
2. Engaging in an ongoing or continual course of conduct, which makes the student ungovernable or habitually disobedient, and beyond the lawful control of the school.

B. Law Enforcement Agencies and Juvenile Delinquency Complaints

Whether a particular act in violation of this Code is reported to a law enforcement agency shall be determined by the building principal, in consultation with the superintendent. When the district utilizes a school resource officer (SRO) who is an employee of a law enforcement agency, the SRO shall be the initial point of reporting.

The following acts shall be reported to an appropriate law enforcement agency, unless the building principal documents a reason satisfactory to the superintendent for not doing so: possession of a weapon, possession of any controlled substance (including marijuana), physical assault, any acts of harassment, bullying or discrimination that the principal believes constitutes criminal conduct and theft or destruction of property having an apparent value over $100.

Other acts may be reported to a law enforcement agency when the building principal, in consultation with the superintendent, determines it is appropriate. When an act is reported to a local law enforcement agency as a possible crime, it remains the responsibility of the building administrator to collect the information necessary to make a determination as to the appropriateness of disciplinary consequences under this code.

In general, the person against whom the criminal act was directed should be identified as the complainant where the District Attorney decides to initiate a juvenile delinquency petition. The District, or a District employee in their official capacity, may only be identified as the complainant when the superintendent determines that it is appropriate to proceed in that manner.

Students who have brought a “weapon” or “firearm” (as defined in 18 U.S.C. § 930(g)(2) and 18 U.S.C. §921, respectively of the Gun Free Schools Act) to school will be referred by the superintendent to either a presentment agency (the agency or authority responsible for presenting a juvenile delinquency proceeding) or to appropriate law enforcement officials. Such referrals will be made as follows: a student who is under the age of sixteen (16) and who is not a fourteen (14) or fifteen (15) year-old who qualified for juvenile offender status under the Criminal Procedure Law §1.20 (42) will be referred to a presentment agency for juvenile delinquency proceedings; a student who is sixteen (16) years old or older, or who is fourteen (14) or fifteen (15) and qualified for juvenile offender status, will be referred to the appropriate law enforcement authorities.

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Article VII: Visitors to Schools

Parents and other school district citizens are encouraged to visit the district’s schools. Since schools are places of work and learning, however, certain limits must be set for such visits. For these reasons, the following rules apply to visitors to the schools.

1. Anyone who is not a regular staff member or student of the school is considered a “visitor.”
2. Except for those who are attending public gatherings or meetings, visitors must report to an administrator’s office upon arrival at the school.
3. Visitations to classrooms for any purpose require permission in advance from the Building Principal or designee. The administration has the authority to determine whether the visitor has an appropriate reason for being in the building
4. After securing administrative approval, parents or guardians who wish to observe a classroom while school is in session are required to arrange such visits in advance with the classroom teacher(s), so that class disruption is kept to a minimum, and to abide by Board Policy 3210, “Visitors to the Schools.” 
5. All visitors are expected to abide by the rules for public conduct on school property contained in this Code of Conduct, section VIII. 

The administration has authority to determine whether the visitor has an appropriate reason for being in the building. If the visitor is judged by the administrator not to have an appropriate reason, the visitor will be asked to leave. The police may be called if the situation warrants.

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Article VIII: Public Conduct at School Events

The district is committed to providing an orderly, respectful environment that is conducive to learning. To create and maintain this kind of environment, it is necessary to establish rules for public conduct on school property and at school functions. Such rules, as well as consequences for violation of such rules, are contained in this code.

Spectator and audience conduct at school events

Throughout the course of a school year, there are many occasions when parents and other interested citizens attend meetings, presentations, activities, and athletic contests. Consistent with District philosophy, policy, and Code of Conduct, all members of an audience of a school-sponsored event are expected to demonstrate appropriate conduct. Accordingly, they must conduct themselves in a manner that encourages a positive and enjoyable experience for all. They are to treat all those in attendance (students, staff, players, coaches, officials, performers, and other members of the audience) with respect and follow the behavioral guidelines set out in section III.C, including a prohibition on verbal or physical abuse, use of profanity, or use of tobacco, alcohol, or illegal substances.

Should anyone in attendance at a school-sponsored event violate these behavioral expectations, the individual will be subject to actions, which may include a verbal warning, removal from the event, a written warning, limits on attendance of future District events or criminal prosecution. An administrator, teacher, or coach in attendance at a school District event has the authority to assess the conduct of spectators and members of the audience and to intervene, and, if the spectator or member of the audience refuses to comply with direction or becomes unruly, to seek assistance from police.

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Article IX: Reporting Violations of the Code of Conduct

Any student or visitor who observes a violation of the Code of Conduct should report it immediately to a staff member. Any staff member who observes or is made aware of a violation of the Code of Conduct should address the violation directly or report it to an administrator.

Certain acts of misconduct that occur may require the exercise of reasonable judgment by staff in consultation with the principal or superintendent in order to determine whether referral to law enforcement officials is appropriate, or whether the matter will be handled solely through the district’s student discipline system. Examples of acts of misconduct that require the exercise of such judgment, but not limited to, include fighting, threat of bodily harm to another individual or property, harassment, theft, and property damage. The District’s staff has the responsibility to administer district policies, rules, and regulations governing student conduct in a reasonable manner, taking into account the age level, maturity, and/or disability of the particular student involved, as well as the seriousness of the offense.

Additional procedures for reporting information to police are described in Board Policy 4250, “Referral of Student Misconduct to Police,” and its accompanying Administrative Regulation.

Reporting Discrimination, Harassment, and Bullying

The school principal is the school employee charged with receiving all reports of harassment, bullying, and discrimination; however, students and parents may make an oral or written complaint of harassment, bullying or discrimination to any teacher, administrator or school employee. The district will act to promptly investigate all complaints, verbal or written, formal or informal, of allegations of discrimination, harassment and bullying; and will promptly take appropriate action to protect individuals from further discrimination, harassment and bullying.

It is essential that any student who believes he/she/they has been subjected to discrimination, harassment, bullying or retaliatory behavior, as well as any individual who is aware of and/or who has knowledge of, or witnesses any possible occurrence, immediately report the same to any staff member or administrator. The staff member/administrator to whom the report is made (or the staff member/administrator who witnesses or suspects bullying/cyberbullying behavior) shall document and take appropriate action to address the immediacy of the situation and shall promptly report in accordance with the following paragraphs.

Upon receipt of a complaint (even an anonymous complaint), or if a district official otherwise learns of any occurrence of possible conduct prohibited by this policy, the school employee shall promptly and orally notify the school principal no later than one school day after such school employee witnesses or receives the complaint or learns of such conduct. Such school employee shall also file a written report with the school principal no later than two school days after making such oral report.

After receipt of a complaint, the school principal shall lead or supervise a thorough investigation of the alleged harassing, bullying, and/or retaliatory conduct. The principal or the principal’s designee shall ensure that such investigation is completed promptly and in accordance with the terms of district policy. All complaints shall be treated as confidential and private to the extent possible within legal constraints.

Based upon the results of this investigation, if the district determines that a district official, employee, volunteer, vendor, visitor and/or student has violated the District’s Code of Conduct or a material incident of harassment, bullying and/or discrimination has occurred, immediate corrective action will be taken as warranted, it will take prompt action reasonably calculated to end the violation, eliminate any hostile environment, create a more positive school culture and climate, prevent recurrence of the behavior, and ensure the safety of the student or students against whom such violation was directed.

As a general rule, responses to acts of harassment, bullying, and/or discrimination against students by students shall incorporate a progressive model of student discipline that includes measured, balanced and age-appropriate remedies and procedures that make appropriate use of prevention, education, intervention and discipline, and considers among other things, the nature and severity of the offending student’s behavior(s), the developmental age of the student, the previous disciplinary record of the student and other extenuating circumstances, and the impact the student’s behaviors had on the individual(s) who was physically injured and/or emotionally harmed. Responses shall be reasonably calculated to end the harassment, bullying, and/or discrimination, prevent recurrence, and eliminate the hostile environment.

In the event that the principal is the alleged offender, the report will be directed to the superintendent of schools. All complaints of alleged harassing, bullying, and/or retaliatory conduct shall be:

1. promptly investigated in accordance with the terms of District policy;
2. forwarded to the program’s Dignity Act Coordinator for monitoring; and
3. treated as confidential and private to the extent possible within legal constraints.

The principal must promptly notify the superintendent of schools and the appropriate local law enforcement agency when the administrator believes that any harassment, bullying or discrimination constitutes criminal conduct. The principal shall provide a regular report at least once during each school year on data and trends related to harassment, bullying, and/or discrimination to the superintendent. Retaliation against any individual who, in good faith, reports or assists in the investigation of a complaint alleging harassment, bullying or discrimination shall be prohibited.

Prevention is the cornerstone of the District’s effort to address bullying and harassment. In order to implement this anti-bullying prevention program, the board will designate, at its annual organizational meeting, the principal at each school to act as the Dignity for All Students Act Coordinator (Dignity Act Coordinator). The Dignity Act Coordinator is an employee designated by the board who ensures full compliance with the Dignity for All Students Act (DASA) and is trained to address issues in areas protected by the law. Dignity Act Coordinators manage documentation, processing, actions, and interventions enforcing DASA.

The district’s designated Dignity Act Coordinators are:

Each coordinator shall be employed by the district and be licensed and/or certified by the Commissioner as a classroom teacher, school counselor, school psychologist, school nurse, school social worker, school administrator or supervisor, or superintendent of schools. These individuals shall be thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, sex or any other legally protected status as well as provided with training which addresses the social patterns of harassment, bullying and discrimination; the identification and mitigation of harassment, bullying and discrimination; and strategies for effectively addressing problems of exclusion, bias, and aggression in educational settings.

Reporting Sex Crimes

If school staff members learn of child abuse in an educational setting, they shall respond in accordance with Board Policy. This includes preparing a written report of the allegations and transmitting it to the school administrator. The written report from the mandatory reporter must be completed and turned in immediately upon learning of the conduct. Upon receipt of a written report of allegations of child abuse in the educational setting, the school administrator must determine if there is reasonable suspicion to believe that the abuse has occurred. Upon making such a positive determination, the report must be forwarded to the appropriate law enforcement agency.

When an incident on school property or at school event involves allegations of child sexual abuse or any other sexual conduct, whether that conduct involves only students or an adult and a student, the matter shall be immediately referred the matter to the SIRO. In the absence of the SIRO, if school staff believes that sexual abuse or unlawful sexual contact has occurred, such conduct must be immediately reported to the Abused Persons Unit of the Onondaga County Sheriff’s Office. School staff shall not conduct an interview or take affidavits from the victim, witnesses or the potential suspect. This must be left exclusively in the hands of the law enforcement agency. The superintendent must also be notified.

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Article X: Related Board of Education Policies

The following board of education policies are directly related to the conduct of students, staff, or visitors in the school environment. Some of these policies have Administrative Regulations for their implementation:

• 3210 Visitors to the School
• 3290 Operation of Motor-Driven Vehicles on District Property
• 5640 Smoking/Tobacco Use
• 5730 Bus Safety
• 6150 Alcohol, Drugs, and Other Substances
• 6151 Drug-Free Workplace
• 7311 Loss or Destruction of District Property or Resources
• 7320 Alcohol and Other Substance Abuse
• 7313 Suspension of Students
• 7420 Athletics Program
• 7530 Child Abuse and Maltreatment

In some cases, the text of a policy is included verbatim or in substance within the code; in other cases, only reference to a policy is made. In the former case, a change in either the code or a policy may require change in both.

In the latter, change to a policy may be made independently to the code.

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Article XI: Dissemination of the Code of Conduct

Each year, the District will:

1. Review the Code of Conduct and amend it when appropriate;
2. Post the complete Code of Conduct on the district’s website, including any annual updates or amendments to the code;
3. Provide copies of a summary of the Code of Conduct to all students, in an age-appropriate version, written in plain-language, at a school assembly to be held at the beginning of each school year;
4. Mailing a plain language summary of the Code of Conduct to all persons in parental relation to students before the beginning of each school year and making such summary available thereafter upon request;
5. Provide each existing teacher with a copy of the complete Code of Conduct and a copy of any amendments to the code as soon as practicable following initial adoption or amendment of the code, and providing new teachers with a complete copy of the current code upon their employment; and
6. Making complete copies available for review by students, parents or persons in parental relation to students, other school staff and other community members.

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Article XII: In-Service Educational Programs

The board will provide in-service education programs for all District staff members to ensure the effective implementation of this code, to promote a safe and supportive school climate while discouraging, among other things, bullying, discrimination and harassment against students by students and/or school employees and to include safe and supportive school climate concepts in the curriculum and classroom management. In-service education programs shall also include training on the social patterns of harassment, bullying and discrimination, including but not limited to those acts based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender and sex, the identification and mitigation of harassment, bullying and discrimination, and strategies for effectively addressing problems of exclusion, bias and aggression in educational settings. The superintendent may solicit the recommendations of the district staff, particularly teachers and administrators, regarding in-service programs pertaining to the management and discipline of students.

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