- Columbia Middle School
- Suspension & Expulsion
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SUNNYVALE SCHOOL DISTRICT is committed to providing a quality educational environment that is safe, secure, and peaceful. It is also a commitment of the District to help each student develop to the maximum of his/her capacity and to function as a responsible member of a democratic society.
A comprehensive review of any specific incident in relation to a student’s past behavior and/or his/her current circumstances might result in a different penalty being assessed than that outlined below should the facts of the case warrant a different disciplinary action. The Principal retains the right to make the final decision regarding any disciplinary action.
Suspension is any temporary removal or exclusion of a student from regular classroom activities or from school.
Expulsion is the removal of a student from enrollment in a school or the district by the board of Trustees when other means of correction have failed or if the continued presence of the student causes danger to the physical safety of others.
Due Process for Student Suspension
No student may be suspended without being informed of the charges against him/her and the evidence used as a basis for the charges unless it is determined that an emergency situation exists.
- The student must have the opportunity to present his/her side of the incident and any supporting evidence or testimony unless it is determined that an emergency situation exists.
- The student and the parent/guardian will be told the grounds for the suspension.
- Formal written notification will be sent to the parent/guardian.
- Students cannot be on campus or participate in any school-related activities during the term of suspension.
- Any student suspended more than 20 school days in one school year may be transferred for adjustment purposes.
Grounds for Suspension/Expulsion
A student may be suspended or expelled for acts which are enumerated in this section and related to school activity or attendance that occur at any time, including, but not limited to, any of the following:
• While on school grounds
• While going to or coming from school
• During the lunch period, whether on or off the campus
• During, or en route to and from, a school-sponsored activity
Discretionary Recommendation for Expulsion under Education Code 48900:
- Caused, attempted to cause, or threatened to cause physical injury to another person
- Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object unless, in the case of possession of any object of this type, the student had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
- Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of any controlled substance
- Unlawfully offered, arranged, or negotiated to sell any controlled substance
- Committed or attempted to commit robbery or extortion
- Caused or attempted to cause damage to school property or private property
- Stolen or attempted to steal, or knowingly received, school or private property
- Possessed or used tobacco, or any products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco
- Committed an obscene act or engaged in habitual profanity or vulgarity
- Disrupted school activities, or otherwise willfully defied the authority of supervisors
- Possessed an imitation firearm
- Committed or attempted to commit a sexual assault or sexual battery
- Harassed, threatened, or intimidated a pupil/witness
- Engaged in, or attempted to engage in, “hazing”
- Engaged in an act of bullying including, but not limited to, bullying committed by means of an electronic act
Mandatory Recommendation for Expulsion under Education Code 48915:
The principal shall recommend the expulsion of a student for any of the following committed at school or school activity off school grounds unless the principal or superintendent finds an expulsion is inappropriate, due to the particular circumstances:
• Causing serious physical injury to another person, except in self-defense
• Possession of any knife, explosive, or other dangerous object of no reasonable use to the student
• Unlawful possession of any controlled substance, as defined under Ed. Code
• Robbery or extortion
• Assault or battery on any school employee, as defined in Sections 240 and 242 of the Penal Code