Code of Conduct

Assignment to an alternative education room in conjunction with out-of-school suspension may be used as a disciplinary consequence.

Additional parent/guardian contacts and/or conferences at school may be considered as part of a disciplinary response.

Assignment to Saturday detention session(s) at a school site under the supervision of school staff may be employed as a disciplinary consequence

At any time a referral may be made to the school’s core team (building team, pre-assessment team, student assistance team) for the purpose of developing appropriate interventions and plans to help resolve a behavioral problem. The team may assist in planning for the student’s return and future success at school after serving a suspension. A referral may also be made to community-based agencies for additional intervention and/or assistance.

Staff members may develop individual plans for students or initiate small group instruction to address student achievement and behaviors. This may include a contract or social skills training.

NOTE: Although behaviors are categorized into three (3) classifications, repeated or extreme violations in Category II may result in disciplinary action appropriate for Category III.

Confiscation of item, warning, and possible suspension, exclusion, or expulsion recommendation. Public Safety may be notified if appropriate. Parent/guardian contact shall be made

Removal of a student from school by a school administrator for a period of up to ten (10) days for persistent disobedience or for violations of the Student Code of Conduct may be assigned as a disciplinary consequence. An in-school suspension option may be utilized as part or all of the suspension period depending on the nature of the misbehavior. The length of a suspension shall be determined by the gravity of the offense, the circumstances under which it took place and the limits established in the Code. An appropriate meeting or contact with the student will be held prior to any suspension and parents/guardians shall be notified of all suspensions. Students who are suspended are to remain off all school properties and are ineligible to attend any school activities until reinstatement. A parent/guardian conference or contact should be held with the school administration during the period of suspension. Although there is no rebuttable presumption against an out-of-school suspension of one (1) to ten (10) school days, the administration must consider the mitigating factors in section 1310d of the Michigan Revised School Code, MCL 380.1310d. These factors include: 1) the pupil’s age; 2) the pupil’s disciplinary history; 3) whether the pupil is a pupil with a disability; 4) the seriousness of the violation or behavior; 5) whether the violation or behavior of the pupil threatened the safety of any pupil or staff member; 6) whether restorative practices will be used to address the violation or behavior; and 7) whether a lesser intervention would address the violation or behavior committed by the pupil.

Students suspended in excess of ten (10) consecutive or cumulative school days in a given school year will be referred to the school building core team (building team, preassessment team, or student assistance team). The core team (or equivalent group) shall be responsible for developing, implementing and monitoring an alternative educational plan for the student in cooperation with parents/guardians, building administration and staff and appropriate community agencies/resources

Assignment of a student to an alternative site or recommendation for placement at another educational program which is deemed appropriate may be employed as a component of a behavioral improvement plan.

A petition to the Kalamazoo County Juvenile Court, or other appropriate external agency, to initiate disciplinary actions may be made to respond to extreme and/or repeated student behavioral problems.

Removal of a student from school for 11 but fewer than 180 days with the right to be readmitted following the exclusion period on evidence of satisfactory elimination of the 14 cause for exclusion may be used as a disciplinary response. Exclusion requires the recommendation of the principal and superintendent and formal action by the Board of Education or the board’s designee. Parents/guardians of a student recommended for exclusion shall be notified of this proposed action and be granted a due process review prior to action by the Board. The superintendent or designee shall notify the parents/guardians of the decision of the Board

Removal of a student from attendance at any school or educational program of the Kalamazoo Public Schools may be employed as a disciplinary response. Expulsion requires the recommendation of the principal and superintendent and formal action by the Board of Education or the board’s designee. Parents/guardians of a student recommended for expulsion shall be notified of this proposed action and be granted a due process review prior to action by the Board. The superintendent or designee shall notify the parents/guardians of an affected student of the decision of the board. If a student is excluded or expelled, the district shall include this information on the individual’s permanent record.

Mandatory removal from school at a minimum of one hundred eighty (180) days with no opportunity for return unless otherwise approved by the Board of Education.

Before a student may be suspended, expelled or permanently expelled, the district administrators making the disciplinary decision shall consider each of the following factors: (i) the student’s age; (ii) the student’s disciplinary history; (iii) documentation of any known disability of the student; (iv) the seriousness of the violation or behavior committed by the student; (v) documentation if the violation or behavior committed by the student threatened the safety of any student or staff member; (vi) a determination of whether restorative practices should be used to address the violation or behavior committed by the student; and (vii) documentation of consideration if a lesser intervention would properly address the violation or behavior committed by the student Except in the case of possession of a firearm, in exercising the administration’s discretion to impose an exclusion of longer than ten (10) days or an expulsion, there is a rebuttable presumption that the exclusion of longer than ten (10) days or the expulsion is not justified unless the administration can demonstrate that it considered each of the above seven (7) factors from section 1310d (1) of the Michigan Revised School Code, MLC 380.1310d(1).

Student use, possession or delivery of illegal substances is prohibited at school or at any school-approved activity on or off the school property. This applies to all students regardless of age. Offenders will be referred to appropriate personnel for disciplinary action. Law enforcement officials also shall be contacted to take whatever action necessary in cases related to the use, possession, or delivery of illegal substances. In the event of an illegal substance violation by a student (if the quantity of illegal substances or alcohol is not sufficient for sale and/or delivery, or no sale and/or distributions are involved) the following progressive disciplinary steps will be used.

After confirmation of the violation, the student will be referred to the school core team (building team, pre-assessment team, student assistance team, etc.), suspended for five (5) school days and/or serve in-house suspension, and attend a counseling session for evaluation.

After confirmation of the violation, the student will be suspended for ten (10) school days and/or serve in-house suspension. Evidence, in writing to the principal or designee, of receiving an assessment, treatment and counseling from a recognized community agency or professional person knowledgeable in chemical or alcohol abuse treatment must also be submitted.

After confirmation of the violation, the student will be suspended for ten (10) school days and during that time, the principal will forward a recommendation for expulsion to the superintendent of schools or designee. After a period of one year, if the student can prove successful completion of a licensed treatment program, he/she may petition the superintendent or designee for probationary reinstatement to school.

Michigan law prohibits the possession, use or delivery of illegal substances. An illegal substance is generally defined as an illegal or unauthorized prescription drug or narcotic, and includes marijuana, marijuana products, LSD, various amphetamines, barbiturates quaaludes, heroin, cocaine, etc. Possession and/or use or delivery of alcoholic beverages by underage persons also is considered to be possession/use of an illegal substance. School administrators who uncover or come into contact with suspected illegal substances shall seize and turn over such substances to local law enforcement agencies immediately or as soon as possible. Full cooperation will be sought with the police agency having jurisdiction and the prosecutor’s office. All reports of illegal substance violations made by the police or the prosecutor’s office will be confidential. Students found to be in possession of alcohol or illegal substances considered sufficient for intent to sell or distribute, or the actual sale of alcohol/illegal substances, will be suspended from school for up to ten (10) days and recommended to the Board of Education for exclusion for the balance of the semester or school or expulsion from school attendance on a permanent basis. Penalties for possession/use of illegal substances are cumulative throughout a student’s education tenure with the Kalamazoo Public Schools. A violation in one (1) school year will be noted should another violation occur that same school year or in another school year.

In compliance with Section 1311 of the Michigan School Code, a student who is in possession of a firearm in a school building or on school grounds shall be suspended from school, and recommendation will be made to the Board of Education or the board’s designee that the student be permanently expelled. Formal action by the Board of Education will be preceded by a due process hearing that will include appropriate school authorities, the student, and his/her parent(s)/guardian(s).

In order to create a safe, weapons-free environment where students are safe and free to concentrate on learning, a student’s use or possession of a dangerous weapon or use of an object as a weapon is prohibited at school or at any school approved activity on or off school property. This applies to all students regardless of age as described by state law.

Students in possession of a weapon or other dangerous object or students who use an object as a weapon while in attendance at school or a school activity or while en route to or from school on a school bus will be suspended from school. School authorities shall report the finding to the student’s parent or legal guardian and the local law enforcement agency. Formal action by the Board of Education will be preceded by a due process hearing which will include appropriate school authorities, the student and his/her parents/guardians. In accordance with District policies, state and federal laws, the District will consider mitigating factors prior to making any recommendation. A determination that a student violated the District’s Weapon Free School Zone policy will result in an expulsion unless the student establishes, in a clear and convincing manner, at least one of the following:

1. That the object or instrument possessed by the student was not possessed for use as a weapon or for direct or indirect delivery to another person for use as a weapon;
2. The weapon was not knowingly possessed by the student;
3. The student did not know or have reason to know that the object or the instrument possessed by the student constituted a weapon or dangerous weapon; or, 4. That the weapon was possessed by the student at the suggestion, request or direction of, or with the express permission of, school or police authorities. Students in possession of a firearm will be permanently expelled unless the student establishes, in a clear and convincing manner, one of the above four factors

As designated by Kalamazoo Public School Policy 5.7, all decisions made by the superintendent to suspend, exclude or expel a student may be appealed to the Board of Education. The appeal must be in writing and received within 3 business days from the time the parent received notification from the school. The written appeal is sent to the President of the Board of Education with a copy to the superintendent. The Board will respond to the appeal.

Students who are excluded or expelled are to remain off all school properties and are ineligible to attend any school activities until reinstated.

Any other offenses not specifically listed, which are similar to the above violations, may be subject to classification as Category III Infractions by school authorities.

“Complainant” means the person who is alleged to be the victim of conduct that could constitute sexual harassment.

“Respondent” means the person who has been reported to be the perpetrator of the conduct that could constitute sexual harassment.

“Third parties” include, but are not limited to, guests and/or visitors on District property (e.g., visiting speakers, participants on opposing athletic teams, parents), vendors or contractors doing business with or seeking to do business with the Board and other individuals who come into contact with students or employees at schoolrelated events/activities (whether on or off District property).

“Sexual Harassment” is defined as conduct on the basis of sex that satisfies one or more of the following: ● An employee of the District conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo sexual harassment); ● Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the District’s education programs or activities; or ● Sexual assault (as defined in the Cleary Act, 20 U.S.C. 1092(f)(6)(a)(v)), dating violence, domestic violence or stalking (as defined in the Violence Against Women Act, 34 U.S.C.12291).

“Formal Complaint” is defined as a document filed by the Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the District investigate the allegation of sexual harassment.

These Grievance Procedures are intended to treat Complainants and Respondents equitably by providing remedies to a Complainant if a Respondent is found responsible, and by following the proscribed grievance process before imposing discipline on a Respondent. The Grievance Procedure seeks to ensure objective evaluation of all relevant evidence, including inculpatory and exculpatory evidence. Individuals involved in the Grievance Procedures – including Title IX Coordinators, investigators, decision-makers, facilitators of informal resolution efforts and those involved in the appeal process – must be trained and not have any bias or conflict of interest.

Any student or District employee who believes that he or she has been subjected to sexual harassment by a student, board member, staff, vendor, volunteer, contractor, or other person doing business with the District, should immediately report the behavior or communication to a District employee or the Title IX Coordinator.

All District employees are expected to promptly report actual knowledge of sexual harassment they observe or hear about to a Title IX Coordinator.

Reports can be made orally or in writing and should be as specific as possible. The person making the report should identify the alleged victim/Complainant, perpetrator(s)/Respondent(s) and witness(es), and describe in detail what occurred, including date(s), time(s) and location(s). Upon receipt of a report, the Title IX Coordinator must promptly contact the Complainant to discuss the availability of supportive measures, consider the Complainant’s wishes with respect to supportive measures, inform the Complainant of the 20 availability of supportive measures with or without the filing of a formal complaint, and explain to the Complainant the process for filing a formal complaint. A Formal Complaint must be filed by a Complainant prior to the District proceeding with an investigation under its Title IX Grievance Procedure. A Title IX Coordinator may sign a formal complaint, with or without the Complainant’s consent.

A formal complaint may be filed by a Complainant in person, by mail or electronic mail.

Any incidents of sexual harassment that come to the District’s attention through means other than a formal complaint will be promptly addressed by the Title IX Coordinator. Supportive measures will be considered and offered to both parties and the Title IX Coordinator shall provide information to the Complainant about how to file a formal complaint, or if the Title IX Coordinator chooses, he or she can file a formal complaint to begin the Grievance Procedure. The complainant has the right to simultaneously file a criminal, administrative, or civil complaint.

The complainant’s decision to file criminal charges or another complaint does not diminish the District’s obligation to investigate a complaint made by the complainant to the District.

The District must dismiss a complaint:
● That does not describe the conduct that meets the definition of sexual harassment;
● That alleges sexual harassment that did not occur in the school’s educational program or activity; or
● That alleges the sexual harassment did not occur in the United States at all. The District may dismiss a complaint as a Title IX complaint:
● If the Complainant notifies the Title IX Coordinator in writing that the Complainant wishes to withdraw the formal complaint or some of its allegations;
● If the Respondent is no longer enrolled or employed by the District; or
● If specific circumstances prevent the District from gathering evidence sufficient to reach a determination about the allegations.

If the District dismisses a complaint, or any allegations, pursuant to the above, it will send a written notice of dismissal and the reason(s) to the parties. Both parties have the right to appeal the District’s dismissal as described in more detail below under “Right to Appeal.” The District may still address allegations as required under the Michigan Revised School Code or under the District’s Student Code of Conduct.

Title IX protects students from harassment or discrimination on the basis of sex during educational or extracurricular programs and activities, whether they take place at school or elsewhere. Sex discrimination usually involves unequal treatment on the basis of sex and can be perpetrated by students, staff members or employees, volunteers, vendors, contractors or visitors to the school. Title IX protects employees from sex discrimination, sexual harassment or sexual assault.

Sexual harassment is unwelcome verbal or physical conduct of a sexual nature that is sufficiently severe, persistent or objectively offensive that it effectively denies a person equal access to the District’s education programs and activities. Sexual harassment may include, but is not limited to, the following:

● Unwelcome sexual advances;
● Unwelcome sexual verbal expressions, including graphic sexual commentaries about a person’s body, dress, appearance, or sexual activities; unwelcome sexually degrading language, jokes or innuendoes; unwelcome sexually degrading language or innuendoes; unwelcome suggestive or insulting sounds or whistles; obscene telephone calls, text messages or email;
● Requests for sexual favors and other verbal, nonverbal or physical conduct of a sexual nature;
● Verbal harassment or abuse;
● Pressure to engage in sexual activity;
● Repeated remarks with sexual implications;
● Unwelcome touching; and/or
● Suggesting or demanding sexual involvement, accompanied by implied or explicit threats.

In the case of employees, sexual harassment includes any unwelcome verbal or physical conduct of a sexual nature that is sufficiently severe, persistent, or pervasive that creates a hostile work environment or adversely affects the employee’s working conditions.

Conduct is considered unwelcome if the person did not request or invite it and/or regards the conduct as undesirable or offensive.

Sexual violence refers to physical sexual activity perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). Sexual violence includes, but is not limited to, conduct that is criminal in nature, such as rape, sexual assault, dating violence and sexually motivated stalking.

Gender-based harassment is unwelcome conduct based on a person’s actual or perceived sex, sexual orientation or sexual identity. It includes slurs, taunts, stereotypes or name-calling, as well as gendermotivated physical threats, attacks or other hateful conduct based on a person’s sex or failure to conform to sex stereotypes.

If appropriate as determined by the Title IX Coordinator, the complaining party and the respondent may voluntarily agree in writing to participate in an informal resolution process that does not involve a full investigation and determination. Prior to the informal resolution process commencing, both parties will receive written notice of the charges and allegations and will be advised of their option to engage in a formal resolution process. The complainant will not be required to resolve the problem directly with the respondent, and either party has the right to end the informal process at any time and begin the formal process for investigating the complaint. The District reserves the right to prohibit the informal resolution process for complaints involving an employee and a student. The informal process should be completed on or before thirty (30) days after the complaint is filed.

If the parties choose not to engage in the informal resolution process, or choose to stop the informal resolution process at any time, the District will conduct a prompt and full investigation into any formal Title IX complaint. An investigation will afford both the Complainant and the Respondent a full and fair opportunity to be heard, submit documentation and evidence supporting or rebutting the allegation(s), and identify witnesses. All parties involved in the investigation will be provided with a copy of these Title IX Grievance Procedures.

When the District begins the investigation, written notice will be provided to the parties containing:
● A copy of the District’s Policy and Grievance Procedure under Title IX; 
● Whether there is an opportunity to engage in informal resolution;
● The actual allegations and facts that would constitute sexual harassment;
● A statement that the Respondent is presumed innocent;
● A statement that the parties are entitled to an advisor of their choice;
● A statement that the parties can request to inspect and review certain evidence; and
● Information regarding the Code of Conduct and false statements

Investigations may be conducted by the appropriate Title IX Coordinator or designee, such as a building administrator or other administrator, who has been trained in Title IX procedures and does not have a conflict of interest or bias towards either party. The District reserves the right to obtain or consult with a third-party investigator or resource at any time during the Grievance Procedures. Prior to and during the investigation process, the Title IX Coordinator or designee will meet independently with the Complainant and the Respondent and discuss any supportive measures to be implemented before or during the investigation.

 

At the beginning of the investigation, the Title IX Coordinator or investigator will explain that Title IX includes protections against retaliation and that the District will take steps to prevent retaliation and that the District will strongly react to any retaliatory actions, including any acts of retaliatory harassment, should they occur. No student, parent/guardian, employee, or member of the public shall be retaliated against for filing a complaint or participating in the investigation of the complaint. Any person can report a claim of retaliation verbally or in writing to a Title IX Coordinator or school building principal (who in turn will report the complaint of retaliation to the Title IX Coordinator). Should the District receive a retaliation complaint, the District will promptly investigate and take all necessary steps within its control to stop any confirmed retaliatory acts/behavior.

During an investigation, the Respondent is presumed to be innocent.

Investigations must begin promptly, proceed impartially, and treat all parties equitably. This includes providing both parties an opportunity to present witnesses and other evidence. The investigation will be concluded within thirty (30) calendar days but no more than sixty (60) days after a formal complaint is filed, unless there is good cause to continue the investigation beyond sixty (60) days (e.g. law enforcement activities, absence of a party or witness, absence of a party’s advisor of choice or the need to provide language assistance or accommodations of disabilities).

Upon request of a party, or on its own initiative, the District may implement supportive measures prior to or during the investigation of a formal complaint. Supportive measures are free, individualized services designed to restore or preserve equal access to education, protect safety, or deter sexual harassment. Supportive measures support a student and are not punitive or disciplinary with respect to another student. They do not unreasonably burden any other person.

A party can submit requests for supportive measures, either verbally or in writing, to the investigator and/or to the Title IX Coordinator. (The investigator will notify the Title IX Coordinator of any request for supportive measures and the Title IX Coordinator will be responsible to implement supportive measures). Supportive measures include, but are not limited to, counseling, extensions of time, modifications of work or class 23 schedules, appropriate emotional and/or academic support, restrictions on contact between the parties, leaves of absences, and increased monitoring and support. In fairly assessing the need for either party to receive interim measures, the District will not rely on fixed rules or any assumptions that favor one party over another. Supportive measures will be made available to both parties, as appropriate. In imposing supportive measures, the Title IX Coordinator or designee will make every effort to avoid depriving any student of his/her education. The District will take steps to ensure that any supportive measure minimizes the burden on the parties, and that the Title IX Coordinator or designee will communicate with the parties to ensure any supportive measures are necessary and effective based on the parties’ needs.

The District shall take reasonable, timely, age-appropriate and effective corrective action based upon the situation and nature of the complaint. Appropriate corrective action may include classroom reassignment, increased staff supervision, counseling, academic support services, additional training for students and staff, and reporting procedures, safety plan, behavioral support plan and/or disciplinary action under the Student Code of Conduct or under the District’s policies and procedures which include suspension up to permanent expulsion. Restorative practices will also be considered in any circumstance involving disciplinary action.
● The investigator’s findings will be documented in a preliminary report and shared with the Complainant, Respondent and their advisors, if any. The parties will have at least ten (10) calendar days to review the preliminary report and submit a response in writing. Prior to finalizing the report, the investigator shall consider the parties’ written responses to the preliminary report, if any. The investigation report is then finalized and forwarded to the decision-maker, the parties and their advisors, if any. The decision-maker cannot be the investigator, Title IX Coordinator or have any conflict of interest or bias with either party.
● The decision-maker, prior to any final decision, shall afford the parties an additional (10) calendar days to submit relevant, written questions to the opposing party or any witnesses. The decision-maker shall ask any relevant questions, record the response(s) and provide the responses to the parties (and their advisors, if any) prior to making a final determination. If the decision-maker deems a question irrelevant, he/she shall state in writing why the question is not relevant and provide the reason(s) to the parties (and advisors, if any) before the final decision is made.
● The decision-maker shall make the decision based on the preponderance of evidence standard.
● The decision-maker shall issue a written decision and deliver it simultaneously to both parties. The written decision must include:

1.  The portion of the District’s policies that was violated;
2. A description of the procedural steps that were taken by the school on the way to getting to the decision;
3.  A findings of fact section;
4.  A section that draws conclusions after applying the facts to the portion of the District’s policy that applies;
5.  A statement and rationale for the ultimate determination of responsibility;
6.  Any disciplinary sanctions that the District will impose on the Respondent, and state whether the District will provide remedies to the Complainant;
7.  A statement and rationale for any remedies for the Complainant, addressing how those remedies will restore or preserve equal access; and
8.  A statement of the District’s procedures, a statement that the parties have a right to appeal the initial determination regarding responsibly and the permissible basis for the appeal.

Both parties shall be provided notice of right to appeal the final determination based on: (1) a procedural irregularity affected the outcome of the matter; (2) new evidence has been discovered that was not reasonably available at the time of the determination on responsibility or dismissal; or (3) a conflict of interest on the part of the Title IX Coordinator, an investigator who compiled evidence, or a decision-maker, and the conflict of interest affected the outcome.

If a party intends to file an appeal, they must submit the appeal in writing to the Superintendent no later than five (5) calendar days following the date of the final decision.

The opposing party shall be provided with a copy of the written appeal and given an opportunity to submit a response, which will be provided to the Superintendent.

The Superintendent or designee shall review the written appeal and any response and issue a written determination within ten (10) calendar days of the receipt of the appeal, which will be delivered to both parties.

The Superintendent’s decision shall be final.

Individuals involved in the Grievance Procedure – Title IX Coordinator, investigators, decision-makers or facilitators of informal, voluntary resolution efforts must be trained. The training materials cannot rely on sex stereotypes, must promote impartial investigations and adjudications and must be posted on the District’s website. All other District employees shall be trained on how to identify and report sexual harassment.

No information protected by a legal privilege, such as the attorney-client privilege or the doctor-patient privilege, can be used during an investigation unless the person holding that privilege has waived it. Neither a party nor the District is allowed to seek, permit questions about, or allow the introduction of evidence that is protected by a recognized privilege.

The District reserves the right to change, modify, amend or repeal all or any part of these Grievance Procedures. Adopted __________, 2020

1. Students may be suspended for one (1) to ten (10) days upon a violation of the Student Code of Conduct.
2.  There is no change of educational status.
3. A parent/guardian contact is required prior to or as soon as possible after the issuance of the suspension for a student with an IEP or 504 Plan.

1. Any time a student with an IEP accumulates more than 10 days of suspension in a school year, a new IEPT meeting must be held.
2. In the event of a student with an IEP being excluded or expelled, the goals from the IEP must be followed.
3.  In consultation with Student Services, the IEPT must develop a plan to meet the goals of the IEP during the interim alternate placement.
4.  The IEPT must develop or review as appropriate, a behavior intervention plan. A functional behavioral assessment must be conducted or reviewed as soon as practicable and presented at the IEPT when a student has accumulated the 11th day of suspensions in a school year

1. A student may be placed in an interim alternative educational setting determined by an IEPT/MDR meeting for up to forty-five (45) school days.
2.  Penalties for possession/use of illegal substances, weapons or firearms are cumulative throughout the student’s educational tenure with the Kalamazoo Public Schools and are applicable to the school calendar year (August – July).

An emergency situation exists when there is a substantial chance of injury to the student or others.
● A suspension for not more than ten (10) days from the incident may be given.
● An IEPT meeting must be convened within ten (10) days after the short-term suspension begins.
● Long-term suspension procedures must be completed within ten (10) school days.