Section VI

AGGRESSIVE CONFRONTATIONS (Physical) (AGP)
Behavior of students that might result in injury. Examples shall include, but are not be limited to, the acts of intentionally pushing, shoving, bumping, running into, tripping, or grabbing another student, staff member, or other.

AGGRESSIVE CONFRONTATIONS (Verbal) (AGV)
The act of verbally confronting another person in a disruptive manner. The use of hate words including any verbal abuse or bullying of others, including but not limited to slurs, name-calling or derogatory statements to another person because of that person’s race, color, religion, national origin, disability, physical/ personal appearance, or sexual orientation.

ALCOHOL (POSSESSION OF) (ALC)
The use and/or possession of an intoxicating (alcoholic) beverage. This also includes possession of paraphernalia that has been used to ingest alcoholic beverages.

Definition of Possession:
A. On a student’s person or personal belongings such as backpack, gym pack, etc. while at school, school activity, or while being transported to and from an activity in a school bus or school vehicle.
B. In a student’s assigned or unassigned locker.
C. In a student’s car or friend’s car while on school property.
D. Knowingly concealed on school property by a student.

ALCOHOL SALE OR DISTRIBUTION (SAA)
Selling or distributing a substance capable of producing a change in behavior or altering a state of mind or feeling, including "look-alike" or items sold as a controlled substance.

ARSON (AR)
Maliciously, willfully, and/or neglectfully starting, by any means, a fire or causing an explosion on school property or at any school-related activity.

ASSAULT (AS1)
Any act, threat or menacing conduct which causes another to believe that he/she is in danger of receiving injury or harm.

ASSAULT WITH A FIREARM (ASF) (Los Lunas School Board Policy 7.17)

ASSAULT WITH A KNIFE/CUTTING OBJECT (ASK)
An unlawful attempt to physically threaten or harm another individual.

ASSAULT ON A SCHOOL OFFICIAL (ASO)
Profanity or menacing conduct which causes another to believe there is danger of receiving injury.

ASSAULT WITH ANOTHER WEAPON (ASW)
Intending or performing assault with a weapon, instrument, or any means of force likely to produce bodily injury.

BATTERY (Level 1) BA1
The unlawful intentional touching or application of force to a person when done in a rude, insolent or angry manner.

BATTERY WITH A FIREARM (BAF) (Board Policy 7.17)

AGGRAVATED BATTERY WITH A KNIFE/CUTTING OBJECT (BAK)

BATTERY ON A SCHOOL OFFICIAL (BSO)

Engaging in battery which is defined as intentional touching or application of force to a person when done in a rude, insolent or angry manner to a school official while discharging school duties.

BATTERY WITH ANOTHER WEAPON (BAW)

Use of any weapon other than firearm or knife/cutting object in the performance of a battery.

BREAKING AND ENTERING
Consists of the unauthorized entry of any vehicle, watercraft, dwelling or other structure, where entry is obtained by fraud or deception, or by the breaking or dismantling of any part of the vehicle, dwelling or other structure, or by the breaking or dismantling of any device used to secure the vehicle, dwelling or other structure.

BULLYING/INTIMIDATION/INSTIGATION (BUL)
Any act or speech that subjects persons to indignity, humiliation, intimidation, physical abuse, social or other isolation, shame or disgrace.

Key factors in bullying include:
-Power and control (Who has the most power? There’s always an imbalance of power in bullying cases.)
-The act is repeated over time.
-There has to be intent to harm or injure.
-Trading insults back and forth is NOT bullying.

BURGLARY
Consists of the unauthorized entry of any vehicle, dwelling or other structure, movable or immovable, with the intent to commit any felony or theft therein.

BUS DISRUPTION (BUS)
Deliberately or inadvertently interfering with the safe operation of a school bus which is stopped or moving; behaving in a manner adversely affecting an individual or any property on or near the bus itself, at bus stops, or at pick-up areas and athletic/activity trips (see Student/Parent Transportation Handbook).

CANNABIS (CAN)
Possession or use of Cannabis within a restricted area

CELLULAR PHONE/ELECTRONIC DEVICE/SEXTING (CEL)
It is the primary goal of The Los Lunas Schools to maintain a level of safety that is current and up to date with current trends and technology, and as such the following policies have been updated:

Using cellular telephone or other electronic device during schools hours to call or receive calls, send or receive text messages, take photographs, or use in any other manner that is in violation of this discipline handbook.

Definition: Child exploitation:

A person who knowingly or intentionally:
-Manages, produces, sponsors presents, exhibits, photographs, films, videotapes, or creates a digitalized image of any performance or incident that includes sexual conduct by a child under eighteen years of age
-Disseminates, exhibits to another person, offers to disseminate or exhibit to another person, or sends or brings into the Los Lunas Schools for dissemination or exhibition matter that depicts or describes sexual conduct by a child under the age of eighteen years of age.

CYBERBULLYING, INTIMIDATION/INSTIGATION BY USE OF ELECTRONIC DEVICE OR SOCIAL NETWORKING OUTLET
Any act by use of transmitted communication, either by electronic device, or other transmittal device that subjects persons to indignity, humiliation, intimidation, physical abuse or threat of physical abuse, social or other isolation, shame or disgrace. This also includes direct or indirect communication of social networking sites.

Examples of cyber bullying include:
-Posting slurs, rumors or other disparaging remarks about a student or staff member on any website.
-Sending email, text, or instant messages that are harassing or threatening in nature directly.
-Taking and sending an unauthorized and/or unwanted photograph of a student or staff member.
-Using any unauthorized electronic transmission to threaten, intimidate, or harass by means of direct or indirect contact.

VIDEO CELL PHONE/VIDEO CAMERA PROHIBITED ACTS

Use of any non-approved video production by means of videotapes, films, photographs, exhibits fights, or any electronic transmitted images is prohibited. This includes, but is not limited to, lewd or obscene images and videos, but also includes the transmission of any act that is prohibited by school policies or a state and federal law is in violation of the Los Lunas Schools Behavior Handbook.

UNLAWFUL PHONE/VIDEO CAMERA PHOTOGRAPHING OF PRINTED MATERIALS PROHIBITED ACTS:
Use of any non-approved video production by means of videotapes, films, photographs, exhibits, or any electronic transmitted images of any school materials that are strictly the property of The Los Lunas School District is a violation of this discipline handbook.

USE OF SOCIAL NETWORKING BY STUDENTS AND STAFF PROHIBITED ACTS
Students will not attempt to engage in any form of social networking with any Los Lunas Schools employee. Use of social networking by posting records or materials that are confidential in nature is forbidden both by students and staff.

Examples include but are not limited to;
-Students grades;
-Students/staff discipline;
-Students/staff medical records;
-Any case management records;
-Any FERPA (Family Education Rights and Privacy Act) protected materials;
-Any material regarding administrative actions that are deemed confidential or personnel issues;
-Teacher’s evaluations;
-Derogatory statements against students and staff that violate The Los Lunas School District code of conduct policies
-Any statement that is a direct threat toward The Los Lunas School District, its students, staff, and visitors.
-Direct statements regarding specific facts of an incident that occurred on campus without first being approved by the District Superintendent or designee.

CHEATING (CHT)
Using or attempting to use a dishonest, unethical or unapproved method to gain unfair advantage in demonstrating competency in performing a skill, achieving a goal, or to misrepresent the attainment of knowledge.

COUNTERFEIT DRUGS
Any substance designed to look like an illegal or abuse-prone drug. Any substance represented as an illegal or abuse-prone drug.

DEFIANCE OF SCHOOL PERSONNEL/AUTHORITY (DEF)

Refusing to comply with any reasonable demand or request by any school official or sponsor at places and times where school personnel have jurisdiction. This includes falsely identifying oneself, the use of profane or abusive language (oral or written) which is crude, insulting, or irreverent.

DISCRIMINATION (DIS)

Los Lunas School District prohibits discrimination against any student on the basis of race, religion, color, gender, age, national origin or ancestry, marital status, parental status, sexual orientation, or disability. The district will conduct its programs, services, and activities consistent with applicable federal, state, local laws and promotes equal opportunities.

DISRUPTION OF THE EDUCATIONAL PROCESS (DEP)

Any conduct or item not separately classified in this section that disrupts the educational process, constitutes a health or safety hazard, is in violation of state or municipal law, or is in violation of specific school rules. Unacceptable conduct is defined as whether or not it disrupts, or has the potential to disrupt, the educational process. Intentionally, knowingly or recklessly interfering with or disrupting the normal operations of an educational institution by: (a) Threatening to cause physical injury to any employee or student of the school. Threatening to cause damage to any school property. Intentionally or knowingly entering or entering or remaining on school property purpose of interfering with the lawful use of school property in any manner as to deny or interfere with the lawful use of the property by others, Intentionally refusing to obey directives given by any staff member or administrator. Knowingly and deliberately failing to comply with any legal office or regulation designed by or rules provided by a teacher, principal, faculty or other public school official at anytime whether the rule is designed for the classroom, the campus in general, or any other location or facility involving a school-related activity. Being inappropriately dressed, i.e. being dressed in a manner that is potentially disruptive to the educational process; harassment, inappropriate use of cell phones or other electronic devices, use or possession of e-cigarettes; cellular phones or other communication devices for other than documented medical reason, or without specific prior approval of the school administration; gambling; or forgery.

DRESS CODE VIOLATION (DCV)
Los Lunas School authorities encourage a positive attitude toward the student’s conduct and appearance. Dress and grooming have a definite bearing on attitude and behavior. Learning how to dress within the boundaries of decency, modesty, responsibility and social acceptability is a part of each student’s education, and should be practiced at school, and while participating in extracurricular activities.

Each school should customize its individual dress code to reflect the needs and standards of its community using a process that will ensure input from students, parents, and staff of the school, along with any other interested community members. The responsibility to interpret and enforce the policy rests with each site administrator. Within each school’s guidelines, students and their parents/guardians have the right to determine the dress and personal appearance of students. Exceptions to this right however are:

-When dress or appearance presents a health or safety hazard;
-When dress or appearance is in violation of municipal or state law;
-When dress and appearance presents a potential for disruption to the instructional program to include revealing, or overly distracting attire or appearance, a display of violent, antisocial behavior, gang activity, the occult, profanity or vulgarity
-When dress and appearance advertises, displays, or promotes any drug including alcohol or tobacco;
-When dress and appearance depicts sexual or related activity;
-When dress and appearance displays disrespect, and/or bigotry towards any group.

Parents should become familiar with each individual school’s dress regulations and should monitor the way their children are dressed when they leave home for school.

DRUGS/ANY DRUG (POSSESSION OF) (DRG)/USE
Definition of Possession:
1. Substance(s) found on a student’s person or personal belongings such as backpack, gym pack, etc, while at school, school activity or while being transported to and from school or from an activity in a school bus or school vehicle.
2. Substance found in a student assigned or unassigned locker.
3. Substance found in a student’s car or friend’s car while on school property.
4. Student knowingly conceals substance on school property.
5. Prescription medications that have not been turned into the school health office and taken under the supervision of school personnel.

DRUG PARAPHERNALIA (DRP)
Any object used to store, process, inhale or ingest drugs.

DRUGS/SALE OR DISTRIBUTION (SAD)
Selling or distributing a substance capable of producing a change in behavior or altering a state of mind or feeling. This includes all controlled substances or any look alike substances.

DRUNKENNESS/DISORIENTATION-ALCOHOL (DDA)
The physical, mental, or emotional impairment of personal faculties caused by alcohol.

DRUNKENNESS/DISORIENTATION-DRUGS (DDD)
The physical, mental, or emotional impairment of personal faculties caused by the use of marijuana, hallucinogenic drugs, other abuse prone drugs, counterfeit drugs, controlled substances or any substance with an intoxicating effect.

Definition of a substance with intoxicating/addictive effect:

A. A substance such as, but not limited to, permanent markers, aerosol hair spray, vanilla, liquid paper, gasoline, or caffeine pills used to produce an intoxicating effect.
B. Drugs prescribed by the student’s physician that are being taken according to the discretion of the prescription are exempt
under this policy. NOTE: Such prescribed medications are to be kept in the health office and taken under the supervision
of school personnel.

EXPLOSIVES (EXP)
The use, possession, or sale of explosive devices that are capable of injury to self or others. Any substance or device that can be made to produce a volume of rapidly expanding gas in an extremely brief period.

EXTORTION (EXT)
Using intimidation or the threat of violence to obtain money, information, or anything else of value from another person.

FIREWORKS/AMMUNITION (FWX)

The use, possession or sale of any incinery device which may cause injury to self or others, including but not limited to ammunition of any kind.

FORGERY (FOR)

The act of falsifying a person’s name, or altering of any school document and/or fraudulent use of school documents. Examples include notes from parents/legal guardians, teachers, and school personnel.

GANG RELATED ACTIVITY
Gang related activity can be intimidating to students, faculty, and the staff and is disruptive to the educational process. Although this list is not all inclusive, examples of inappropriate and unacceptable behaviors include such things as gang graffiti on school property, intimidation of others, gang fight and/or initiation rituals, and/or wearing gang attire or "colors,” or gang symbols, “sagging” and communicating gang symbols. Gang related activity can be engaged by those in a gang, related to a gang or just those that are intrigued by gangs. Since gang behavior, symbols, and colors are variable and subject to rapid change, school administrators and staff must exercise judgment and their individual discretion based upon current circumstances in their neighborhood schools when evaluating gang-related activity.

GANG RELATED ACTIVITY (LEVEL 1) (GN1)

Gang related markings on body or personal possessions, associated dress and gang related attire including sagging. Gang behavior may include, but is not limited to, throwing gang signs, whistling, and hanging around in groups.

GANG RELATED ACTIVITY (LEVEL 2) (GN2)

Gang fights, harassment, initiation, rituals, and graffiti.

GRAFFITI (GRA)
Gang, drug, weapon symbols or vulgar pictures or other markings on school property including notebooks, clothing, lockers or other items can result in disciplinary action. If school property such as desks or books are defaced, students should notify their teachers immediately.

HARASSMENT (HAR)
Unwelcomed pattern of conduct on the basis of race, age, color, national origin, sex, sexual orientation, gender identity, ability or religion that is sufficiently severe, persistent or pervasive to create a hostile environment for the individual.

Harassment may include insults, name-calling, off color jokes, threats, comments, innuendoes, notes, display of pictures or symbols, gestures, or other conduct which rises to the level of an emotional distress.

HAZING/INITIATION (HZG) (Los Lunas School Board Policy 7.12)
To harass by requiring the performance of unnecessary, disagreeable, degrading or humiliating tasks. To require students to engage in activities which could potentially result in harm or bodily injury to an individual. To play abusive humiliating tricks as a criteria for membership.

LANGUAGE, PROFANE AND/OR ABUSIVE (ORAL/WRITTEN) (LNG)
Language and/or writing which is crude, offensive, insulting, or irreverent. Examples include swearing/cursing (cussing).

LARCENY 1 (LAR1)
Taking possession and/or sale of property of another without consent of owner (items less than $250 monetary value).

LARCENY 2 (LAR2)
Taking possession and/or sale of property of another without consent of owner (item of monetary value more than $250).

NON EDUCATIONAL ITEM (NEI)
Any item that disrupts the educational process.

OBSCENE MATERIALS/ITEMS/BEHAVIOR (OBS)

Displaying and/or the possession of indecent and/or offensive materials or items. This includes making gestures that are indecent or offensive in nature. Also included are pictures, drawings and images on clothing.

OTHER SCHOOL RULES (OSR)
Acts of misconduct not specified herein shall also be subject to discretionary action by appropriate school personnel.

PROMOTING (PRO)
Gathering in the vicinity or hindering in the efforts of officials to intervene in any situation that encourages or advocates an unsafe activity.

PUBLIC DISPLAY OF AFFECTION (PDA)
Inappropriate physical contact as outlined more specifically by individual school site procedures.

ROBBERY
Taking the property of another through means of fear, force, and/or forced entry of school property, building or rooms.

SEXUAL ASSAULT (SA)
An unlawful attempt or threat to do harm of a sexual nature.  Threatening physical harm to another or causing a present fear of imminent danger to the person by use of threats, gestures, verbal assaults, instigation of a sexual nature.

SEXUAL BATTERY (LEVEL 1) (SB1)
Inappropriate or unwanted touching of a sexual manner.

SEXUAL BATTERY (LEVEL 2) (SB2)
The unlawful beating or using of force of a sexual nature upon a person.

SEXUAL HARASSMENT (SHR)
Behavior (including gestures) or words (oral or written) that are directed at a student or school personnel because of his/her sex that are uninvited, unwanted, or unwelcome which would cause the person of that sex to feel uncomfortable or offended or when the conduct by its nature is clearly unwelcome or inappropriate. Examples include, but are not limited to:

A. Comments about body parts or rating a person’s body
B. Spreading of sexual rumors, stories or jokes
C. Using sexual orientation as an insult
D. Staring or pointing at a person’s body parts
E. Making obscene gestures
F. Displaying of sexual materials
G. Verbal sexual advances including subtle pressure for sexual activity
H. Repeated or persistent unwelcome requests for dates, meeting, or other social interactions
NOTE: If sexual touching occurs, the Sexual Battery Policy can be enforced.

STALKING (STK)

Stalking occurs when a pattern of harassing conduct, is threatening, is purposefully directed at a specific person, and would cause a reasonable person to fear bodily injury for themselves or others. Stalking is commonly understood to include:

A. Repeated, unwanted, intrusive, and frightening communications from the perpetrator by phone, mail, and/or e-mail.
B. Repeatedly leaving or sending the victim unwanted items, presents, or flowers.
C. Following or lying in wait for the victim at places such as home, school, work, or recreation place.
D. Making direct or indirect threats to harm the victim or the victim’s children, relatives, friends, or pets.
E. Damaging or threatening to damage the victim’s property.
F. Harassing the victim through the Internet.
G. Posting information or spreading rumors about the victim on the Internet, in a public place, or by word of mouth.
H. Obtaining personal information about the victim by accessing public records, using Internet search services, hiring private investigators, going through the victim’s garbage, following the victim, contacting the victim’s friends, family, coworkers, or neighbors, etc.

TARDINESS (TDY)
Arriving after the designated bell signaling the beginning of school/class.
A. Tardy students will receive consequences according to district guidelines adopted by the individual site.
B. Consequences will be determined by the school administration. Examples include time in an alternative
academic or community service setting (i.e. lunch, recess, after school)
C. Secondary students who miss more than 50% of the class period are considered absent.

THREATS OF VIOLENCE AGAINST THE SCHOOL AND/OR FALSE ALARM (TOV)
Threats of violence against the school in any form, written, verbal, text, email, or via social media. Falsely and maliciously stating to another either verbally or in writing to include social media, that a school shooting, bomb, other explosive has been placed in such a position that person or properties are likely to be injured or destroyed.

TOBACCO (TOB)
The use of tobacco products, smoking, vaping, chewing or dipping. Possession of tobacco products on one’s person or personal belongings such as backpacks, gym pack, etc., while at school, on school property, school bus/vehicle, or at a school activity. Electronic cigarettes such as vape products are prohibited, including all buildings, facilities, school busses, indoor and outdoor spaces surrounding grounds, as well as, parking lots.

TRESPASSING/UNAUTHORIZED PRESENCE (TRS)
Entering or being on school grounds or in a school building without authorization.

VANDALISM (VND)
Deliberately or maliciously destroying, damaging, and/or defacing school property or the property of another individual. This includes, but not limited to, the desecration or burning of the American Flag.

WEAPONS (WEA)
The Los Lunas Schools Board of Education recognizes that the presence of weapons in school not only creates unacceptable risks of injury or death, but also creates a climate that undermines the educational purposes of the schools. Accordingly, it is the policy of the Board of Education to forbid the possession, custody, or use of weapons by students or unauthorized personnel in or around school property. This policy is enacted to implement the requirements of the Federal Gun Free Schools Act of 1995, 33 U.S.C. 3351 (a) (1) and it is the intention of the Board that it be interpreted to conform to provisions of the referenced laws.

Definitions:
Weapon – For the purpose of this policy, a “weapon” is any firearm, knife, explosive, or other object, even if manufactured for a nonviolent purpose, that has a potentially violent use, or any “look-a-like” object that resembles an object that has a potentially violent use, if under the surrounding circumstances, the purpose of keeping or carrying the object is for use, or threat of use, as a weapon. Examples include a knife, gun, ice pick, razor, or any substance used with the intent of inflicting bodily harm.

Deadly Weapon-Means any firearm, whether loaded or unloaded; or any weapon which is capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives and all such weapons which dangerous cuts can be given, or with which dangerous thrusts can be inflicted; or any other weapons with which dangerous wounds can be inflicted.

Firearm–For the purposes of this policy, and for purposes of compliance with Federal Gun Free Schools Act, a “firearm” is defined as 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; the frame or receiver of any such weapon, and firearm muffler or firearm silencer, or any destructive device. It is the policy of the Board that no student shall bring a weapon into a school zone, nor carry or keep any weapon in a school zone or while attending or participating any school activity, including during transportation to or from such activity. Disciplinary actions pursuant to this policy shall follow the procedures prescribed by the Public Education Department Regulation No. 81-3, as amended and the policies of the district.

Possession- the act or condition of having in, or taking into one’s control, or holding at one’s disposal with the intent to harm or injure is the act or condition of using a weapon with criminal intent to harm or injure another. The weapon need not be displayed therefore possession using threatening or menacing words would be considered a violation of this section.

Penalties for Violations
A. Any student found to be in violation of this policy shall be subject to discipline, including long-term suspension and expulsion.
B. In compliance with the Federal Gun Free Schools Act, any student found to be in violation of this policy due to possession of a firearm, as defined in this policy, shall at a minimum, be expelled from school for a period of not less than one year (365 days), provided, that the Superintendent or the Board of Education may modify such penalty in appropriatecases at their discretion.

Exceptions – “Look-a-likes” that are used in approved school activities such as ROTC, Dance Teams, etc., and which are approved by the site principal and under the control of the activity’s sponsor.

WEAPONS / FIREARMS, POSSESSION OF (WEA) (Los Lunas School Board Policy 7.17)
WEAPONS – FIREARM OTHER (WFO)
WEAPONS – HANDGUN (WHG)
WEAPONS – KNIFE/CUTTING OBJECT (WPK)
WEAPONS – RIFLE/SHOTGUN (WRS)

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