Section 5-B2599. DEFINITIONS

 

2599.1Unless the same term or phrase is defined in § 2599.2, the definitions set forth in § 2099 are incorporated in this chapter by reference and shall apply to the terms and phrases used in this chapter.

 

2599.2As used in this chapter, the following terms and phrases shall have the meanings ascribed:

“Alternative Educational Setting” - an educational program other than that in which the student was placed prior to disciplinary action.

“Academic Dishonesty” - any conduct that unfairly influences academic outcomes including:

(a)Plagiarism including the adoption or reproduction of ideas, words, or statements of another person or source without giving acknowledgment or credit to the person or source;

(b)Cheating including any attempt to give or obtain assistance in with a test or examination, without permission or acknowledgment;

(c)Deception including giving false information to instructional staff- for example, a student giving a false excuse for missing a deadline or making a false claim that assignment was submitted;

 

(d)Fabrication including altering data, information, and documents affecting any student’s academic records; forging signatures of authorized instructional staff or falsifying information on an official school document, i.e. report card, letter of permission, petition, class schedule, ID card, or any other official school document;

 

(e)Sabotage including creating situations to prevent others from completing their work. For example, destroying another student’s work, tampering with the experiments of other students; and

 

(f)Unauthorized Access including gaining unauthorized access to computer systems, academic or administrative records and information; viewing or altering any records, modifying computer programs or systems, releasing or distributing information gained through unauthorized access.

 

“Acts of Exceptional Misconduct” - any activity that would constitute a felony, gross misdemeanor, or misdemeanor under District or federal law.

 

“Assault” - being physically violent, using unwarranted force, or demonstrating a deliberate and immediate intent to be physically violent towards another. Assault does not include: 1) incidental touching unless it is flagrant, purposeful, repeated, or results in the threat of imminent harm; or 2) Self-Defense or the defense of someone else who is being assaulted if the force used in defense is reasonable in response to the Assault.

 

“Bullying”-repeated intentional behavior that occurs in order to intentionally harm others through verbal or non verbal Harassment, physical Assault, or other more subtle methods of coercion. Such behavior may include, but is not limited to, manipulation, teasing, taunting, threatening, hitting, stealing, destroying person al property, sending threatening/abusive emails, text messages, or other electronic communications.

 

“Distribution” - the transfer to any other person, with or without the exchange of money or other valuables.

 

“DCPS” - means the District of Columbia Public Schools.

 

“Documented Pattern of Persistent Behavior” - repeated commission of the same or similar infraction. Behavioral occurrences on a single school day (for Elementary students) or in a single class period (for Secondary students) are considered a single infraction.  To impose disciplinary action using this standard, prior infractions must be documented no later than one school day after than the occurrence of each infraction. Only infractions occurring within the current school year shall be considered in the assessment of whether a pattern of behavior exists.

 

“Education Plan” - includes instructional materials and written work sufficient to allow a student the opportunity to earn grades and credits of the same value as those earned by students attending classes. The plan shall also include information regarding accessing support services, such as counseling, mental health services, etc.

 

“Elementary” - grades preK-grade 5.

 

“Expulsion” - the denial of the right of a student to attend any DCPS School or program, including all classes and school activities, except DCPS Alternative Educational Settings, for one (1) calendar year.

 

“Extortion” or “blackmail” - obtaining, or attempting to obtain, money or property from another person, with or without that person’s consent, induced by wrongful use of force or intimidation, or the Threat thereof.

 

“False Alarm” - triggering a fire alarm or initiating a report of fire or emergency without valid cause, or accessory to this offense.

 

“Fighting” - engaging in or provoking physical contact involving anger or hostility. Fighting includes, but is not limited to, the following:

 

(a)Engaging in mutual physical contact involving anger or hostility;

 

(b)Teasing, harassing, threatening or intimidating others in a manner that results in physical contact involving anger or hostility;

 

(c)Physical retaliation for teasing, harassing, threatening, or intimidating behavior; or

 

(d)Verbally inciting or physically supporting a fight through one’s encouragement or presence.

 

“Forgery” - forging notes or letters from parents, guardians, teachers, staff members, or office personnel; or the falsification of travel plans or sign-out designations.

 

“Gambling” - playing cards, dice, or games of chance for money or other things of value.

 

“Gang” - a group of individuals that are involved in illegal, intimidating or harassing conduct.

 

“Gun-Free Schools Act” - Federal law requiring states to have a law in place requiring the Expulsion of a student who is found to have brought a firearm to school, 20 U.S.C. § 7151. 

 

“Hazing” - actions taken against a person for the purpose of being initiated into a group that endangers the mental or physical health, well being or safety of a student, and results in humiliation, embarrassment, ridicule, intimidation or shame.

 

“Harassment” - verbal or physical conduct or communication relating to an individual's actual or perceived race, color, religion, national origin, sex, age, marital status, person al appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, or place of residence or business, in a manner that denies or limits a student's ability to participate in or benefit from an educational program or activity or creates an intimidating, threatening or abusive environment for students, employees, or others in the school environment, or interferes with employees’ performance of their job duties or the effective performance of the school-related functions of others. Harassment also includes written or verbal communications that are electronically transmitted with the intention of creating or causing the same harm described above.

 

“In-School Disciplinary Action” - disciplinary actions such as after-school detention, loss of privileges (including recess), exclusion from extracurricular activities, written reflection, conflict resolution, mediation, or similar actions of short duration that do not result in the student’s loss of academic instruction time.

 

“Inappropriate Use of DCPS Computer or Network” - any use of DCPS computers or networks in violation of the DCPS Student Internet Safety and Use Policy.

 

“IEP” - an individualized education program as that term is defined in § 602 of the Individuals with Disabilities Education Act, approved June 4, 1997 (111 Sat. 37; 20 U.S.C. § 1401).

 

 “Intentional Misuse of School Equipment/Supplies/Facilities” - deliberately misusing school equipment, supplies, or facilities, including failure to follow safety rules.

 

“Limited or no-English proficiency” - the inability to adequately understand or to express oneself in the spoken or written English language.

 

“Long-Term Suspension” - Suspension for eleven (11) to ninety (90) school days.

 

“Medium-Term Suspension” - Suspension for six (6) to ten (10) school days.

“Possession” - knowingly carrying or having an item on one’s person, or exercising control over an item, that is prohibited from being on school grounds, that is either in the possession of a third-party or has been intentionally placed in a location on or near school property for the purpose of disposing of the item or retrieving the item at a future time.

“Secondary” - grade 6 or higher.

“Self-Defense” - defensive behavior that occurs while an Assault is being inflicted on oneself or another, and is not more forceful than absolutely needed to deflect the violence suffered and prevent continuing injury or harm to oneself or the other person. Examples of Self-Defense are deflecting blows without returning them and holding or holding back an attacker to keep him/her from continuing to Assault. Defensive behavior that is considerably more forceful than needed for legitimate Self-Defense may be considered Assault.

 

“Sexual act” - any sexual act committed among two consenting parties.

 

“Sexual Harassment” - deliberately harassing another person for sexual reasons or in a sexualized manner with unwanted attention, touching, or verbal comments such that the person is uncomfortable, intimidated, or threatened by the behavior.

 

“Short-Term Suspension” - on-site or off-site Suspension for one (1) to five (5) school days for Secondary students or one (1) to three (3) school days for Elementary students.

 

“Suspension” - the denial of the right of a student to attend any DCPS school or program, including all classes and school activities, except in an approved Alternative Educational Setting, in no event exceeding ninety (90) school days pursuant to the provisions of this chapter.

 

“Temporary Removal of Student from Classroom” - removal from the student’s classroom for less than half a school day, not to extend beyond the time of dismissal on the day of the disciplinary action.  During any such removal, the student shall be supervised and provided with instructional materials.

 

“Threat” - the communication of an intention to intimidate, harass or inflict violence, harm or terror on an individual or group of individuals, directly or indirectly, whether by physical, verbal, written, telephone, or electronic actions, which cause the other person  to believe his or her life or safety, or property, is in danger.

 

“Trespassing” - being present on school property without permission of school authorities.  This includes entering any school district property, except an approved Alternative Educational Setting, while serving an off-site Suspension or Expulsion or attending any school function at any location while serving a Suspension or Expulsion in contravention of § 2504.6.

 

“Use” - when referring to alcohol, marijuana or other illegal drugs, or prescription medication, means a finding, based on reasonable evidence, that a student was found to have consumed such substances without proper authorization, or that a student was found, based on reasonable evidence, to be or have been under the influence of same while under the jurisdiction of DCPS authority.