Rights and Responsibilities

 Acts for which students may be disciplined by school officials:

• Disruption of the educational process or disobedience, insubordination, or open defiance of the authority of any teacher or staff member.

• Conduct, including fighting, making threats, or intimidating, including bullying, that endangers the well-being of other students or school staff members.

• Using orally or in writing vulgar or patently offensive language, sometimes referred to as "curse" words or profanity, or possessing or displaying visual imagery that is obscene as defined in the Code of Virginia, or engaging in indecent or lewd exposure of body parts.

• Cursing, gesturing, or verbally abusing any person, including but not limited to abuse or harassment based on that person's race, color, religion, gender, creed, national origin, personal or physical attributes, disability, intellectual ability, and matters pertaining to sexuality (including sexual orientation). Any student who is subjected to physical or verbal harassment including bullying should report such immediately to the appropriate school, cluster, or central office official.  Any student who observes such actions should report the incident to the appropriate school, cluster, or central office official.

• Willful disruption of any school activity.

• Use or possession of fireworks.

• Forgery, cheating, plagiarism, or dishonesty.

• Gambling in any form. 

• Unauthorized or illegal use of, or access to, computers, software, telecommunications, and related technologies and any willful act that causes physical, financial, or other harm or otherwise disrupts information technology. 

• Unauthorized use of possession of a laser pointer or other laser devices at school, on school buses, or at school-related activities.  In addition to other disciplinary action, laser pointers or other laser devices are subject to confiscation by school officials.

• Taking part in gang-related activities that are disruptive to the school environment, which include the display of any apparel, jewelry, accessory, tattoo, or manner of grooming that, by virtue of its color, arrangement, trademark, or any other attribute, denotes membership in a gang that advocates illegal or disruptive behavior.

• Possession of any portable communication device, including any beeper, cell phone, or other similar device, including any device capable of receiving or transmitting text messages, on school property and during the school day by an elementary or middle school student.  A high school student may possess such a portable communication device on school property during the school day; however, the device must be out of sight, turned off, and used only with authorization from the principal.  In addition to other disciplinary action associated with the possession or use of a portable communication device in violation of this provision, any such portable communication device shall be subject to confiscation by school officials and returned only to the student's parent or guardian.

• Violation of attendance regulations.

• Willfully causing or attempting to cause damage to school property. 

• Theft of, taking, or trying to take another person's property or money by force, fear, or other means, including theft or attempted theft of student prescription medication.

• Vandalism, arson, or any threat or false threat to bomb, burn, damage, or destroy in any manner a school building or school property.

• Unauthorized presence in the school, on the school grounds, or on school buses or failure to leave promptly after being told to do so by the principal or the staff member in charge.

• Possessing, smoking, or using tobacco products in school buildings, on school grounds, or on school buses.

  • For a first violation related to tobacco products, a student shall participate in the FCPS Tobacco Intervention Seminar in lieu of suspension.  A student who violates the regulation may be referred to the police for a civil offense charge.

  • For a second or subsequent violation related to tobacco products, a student shall be placed in an alternative instructional arrangement or suspended from school.  A report shall be made to the police and the student may be charged with a civil offense in accordance with the Code of Virginia 18.2-371.2.

• Violation of any law of the county, state, or nation; regulation of the school or school system; or policy of the School Board is subject to disciplinary action.

The following violations shall result in disciplinary action and may require mandatory sanctions:

• Threatening or physically assaulting another student or any other person (other than a staff member) who has reason to be at school, whether or not causing injury, shall result in disciplinary measures up to and including a ten-day suspension and a recommendation for expulsion.

• Physically assaulting a school staff member, as defined in the current version of Regulation 4411, shall result in suspension from school for up to ten days and the principal may recommend expulsion.  In the event of injury to the staff member, expulsion shall be recommended.

• Threatening to assault a staff member shall result in suspension, and the principal may recommend expulsion of the student as provided in the current version of Regulation 4411.

• Sexual assault or battery upon any person shall result in a ten-day suspension from school and recommendation for expulsion.  Improper touching shall result in disciplinary measures up to and including a ten-day suspension and recommendation for expulsion.

• Any collection or group of students assembled with the intention of committing an assault constitutes a mob.  Each and every student who is part of a mob shall be held directly responsible for any assault committed by one or more members of the group.  Any involvement in a mob assault by any student shall result in a ten-day suspension and a recommendation for expulsion.

• Hazing or otherwise mistreating another student by recklessly or intentionally endangering the health or safety of, or inflicting bodily injury on, the student in connection with or for the purpose of initiation, admission into or affiliation with or as a condition for continued membership in a club, organization, association, fraternity, sorority, or student body regardless of whether the student or students so endangered or injured participated voluntarily in the relevant activity shall result in disciplinary measures up to and including a ten-day suspension from school and recommendation for expulsion.  A report of hazing with bodily injury shall be made to the commonwealth's attorney in accordance with Section 18.2-56 of the Code of Virginia.

 SUBSTANCE ABUSE

 The following violations shall result in disciplinary action and may require mandatory sanctions:

• Using or possessing any nonprescription drug not authorized as medication under the current version of Regulation 2102.  Nonprescription drugs include products such as aspirin, Tylenol, Advil, caffeine pills, and other over-the-counter medications intended to be ingested or inhaled.  The distribution or sharing of nonprescription drugs shall result in a suspension of a length to be determined by the principal.

• The first violation related to using, possessing, or being under the influence of alcohol, inhalants, or nonalcoholic beer, herein referred to as illegal or prohibited substances, shall result in suspension from school for a minimum of five days and a maximum of ten days and suspension for 30 calendar days from all student activities including teams, clubs, and all other school-sponsored activities.  All illegal substance use violations shall be reported to the police.  The days of absence shall be excused, and makeup work shall be provided by the school during the period of suspension if the student and parent agree to, and in a timely fashion subsequently participate satisfactorily in, appropriate substance abuse prevention-intervention follow-up activities designated by the principal.

• A second and any subsequent violation within 12 months of the prior offense related to using, possessing, or being under the influence of alcohol, inhalants, or nonalcoholic beer shall result in suspension from school for a minimum of ten days and suspension from all student activities, including teams, clubs, and all other school-sponsored activities for the remainder of the school year.  The principal may recommend an extended suspension or expulsion in any case.

• A violation involving distributing or manufacturing alcohol or inhalants shall result in suspension from school for a minimum of ten days and recommendation for expulsion. 

• If the student is suspected of being under the influence of alcohol, the principal shall notify the parent and recommend that the parent pursue appropriate intervention.  In addition, the principal may immediately administer a breath sample test to determine the alcohol content and, depending on the suspected level of illegal substance involvement, the principal will refer the student for at least one of the following activities:

• Participation in the FCPS Alcohol and Other Drug Use (AOD) Intervention Seminar.  This activity is not intended for students who have already attended the seminar or who have been disciplined for a distribution violation.

• Work with a Fairfax County Alcohol and Drug Services (ADS) school resource specialist.

• Drug testing and an evaluation for substance abuse treatment.  These services are provided at no cost through ADS, or the parent may choose to access services through a private provider.

• Staff members from either AOD or ADS may further recommend the student for drug testing and an evaluation for substance abuse treatment, in which case the student must provide documentation of testing and evaluation in order for the student’s absences to be excused.  If the student and parent fail to provide, in a timely manner, documentation of satisfactory participation in the designated activities, the days of absence shall be unexcused.

• The principal shall immediately notify the student's parent of the disciplinary action, the conditions for re-admittance (where applicable), the fact that the absences will be excused if the student and parent comply with the requirements set forth above, the fact that all illegal substance use violations are reported to the police, and the consequences of further violations. The student and parent shall be requested to sign a statement that they have been informed of the consequences of any subsequent violations as defined in current version of Regulation 2150.

• The first violation for being under the influence of marijuana or any controlled substance including anabolic steroids, or for the illegal use or possession of prescription drugs, collectively herein referred to as illegal drugs, or for possession of drug paraphernalia shall result in suspension from school for a minimum of five days and a maximum of ten days and suspension for 30 calendar days from all student activities, including teams, clubs, and all other school-sponsored activities.  All illegal drug violations shall be reported to the police.  The days of absence from school shall be excused, and makeup work shall be provided by the school during the period of suspension if the student and parent agree to, and in a timely fashion subsequently participate satisfactorily in, appropriate substance abuse prevention-intervention activities designated by the school principal.

• A second and any subsequent violation of any prohibited conduct listed in the above paragraph within 12 months of the prior offense for being under the influence of marijuana or any controlled substance, including anabolic steroids or prescription drugs, or for possession of drug paraphernalia shall result in suspension from school for a minimum of ten days and suspension from all school activities including teams, clubs, and all other school-sponsored activities for the remainder of the school year and recommendation for expulsion. 

• Possession of a controlled substance, including marijuana, or an imitation controlled substance, or imitation marijuana while on school property or at a school-sponsored activity shall result in a ten-day suspension from school and recommendation for expulsion.  However, the School Board may determine, based on the facts of the particular case, that special circumstances exist and another disciplinary action is appropriate.  

• The Division Superintendent may conduct a hearing in such a case to determine whether a disciplinary action other than expulsion is appropriate.

• A violation involving distributing or manufacturing a controlled substance, including anabolic steroids or prescription drugs, an imitation controlled substance, illegal drugs, including marijuana and imitation marijuana or drug paraphernalia as defined in the current version of Regulation 2150, shall result in suspension from school for a minimum of ten days, recommendation for expulsion. 

• If the student is suspected of being under the influence of illegal drugs, or otherwise having violated the provisions of this section, the principal shall notify the parent of the suspicion and recommend that the parent pursue appropriate intervention.  In addition, the principal may immediately require a drug test and evaluation for substance abuse treatment and, depending on the suspected level of illegal drug involvement, the principal will refer the student for at least one of the following activities:

• Participation in the FCPS Alcohol and Other Drug Use (AOD) Intervention Seminar.  This activity is not intended for students who have already attended the seminar or who have been disciplined for a distribution violation.

• Work with an Alcohol and Drug Services (ADS) school resource specialist.

• Drug testing and an evaluation for substance abuse treatment.  These services are provided at no cost through ADS, or the parent may choose to access services through a private provider.

• Staff members from either the AOD Use Intervention Seminar or ADS may further recommend the student for drug testing and an evaluation for substance abuse treatment, in which case the student must provide documentation of testing and evaluation in order for the student’s absences to be excused.  If the student and parent fail to provide, in a timely manner, documentation of satisfactory participation in the designated activities, the days of absence shall be unexcused.

• The principal shall immediately notify the student's parent of the suspension, the conditions for re-admittance, the fact that the absences will be excused if the student and parent comply with the requirements set forth above, the fact that all illegal drug use violations are reported to the police, and the consequences of further violations.  The student and parent shall be requested to sign a statement that they have been informed of the consequences of any subsequent violations as defined in the current version of Regulation 2150.

 WEAPONS

 The following violations, in whole or in part, carry mandatory sanctions requiring suspension and/or a recommendation for expulsion:

• Unauthorized use or possession of any gun, knife, or other weapon, including the use or possession of explosives. Weapons include, but are not limited to, any gun or object designed to propel a missile of any kind, a look-alike gun, ammunition, any knife, or any object that can be used with the intent of threatening or harming any individual. 

• Weapons include any studded accessory or article of clothing such as a studded collar or chain belt, Mace, pepper spray, or any other similar propellants. 

• Any unauthorized use of any weapon, or possession of any of the weapons listed below, or possession of any weapon of like kind, shall result in a ten-day suspension and recommendation for expulsion:

  • Any pistol, revolver, or other weapon designed or intended to propel a missile of any kind; any weapon that will, or may be readily converted to, expel a projectile by the action of an explosive, including a starter gun; the frame or receiver of any such weapon; any firearm muffler or silencer; any stun weapon or taser; any BB gun or air rifle.

  • Any dirk, bowie knife, switchblade knife, ballistic knife, knife having a metal blade of three inches or longer, razor, slingshot, spring stick, metal knucks, or blackjack.

  •  Any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as nun chucks or fighting chains.

  • Any disc, of whatever configuration, having at least two points or pointed blades, which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart.

  • Any explosive device such as any firebomb, explosive material, hoax explosive device, chemical bomb, poison gas, grenade, rocket or other incendiary device.

  • Any weapon of like kind as those enumerated above.

• Any student determined to be in possession of or to have brought any of the above-listed weapons onto school property or to a school-sponsored activity shall be expelled for a period of not less than one year.  However, the School Board may determine, based on the facts of the particular case, that special circumstances exist and another disciplinary action or term of expulsion is appropriate.  The Division Superintendent may conduct a hearing in such cases to determine whether a disciplinary action other than expulsion is appropriate.

REPORTING TO POLICE

• The principal shall report all violations of law that require disciplinary action to the police department in accordance with Section 22.1-279.3:1 of the Code of Virginia, including all alcohol and prohibited substance violations, unauthorized use or possession of any weapon or explosive device (including a hoax explosive device), assault, assault and battery with bodily injury, sexual assault, bomb threats, threats against school personnel on school property or at school-sponsored activities, and theft or attempted theft of student prescription medications.   Assault or assault and battery without bodily injury may be reported to the police at the discretion of the principal.

• Any student who commits a reportable violation shall be required to participate in such prevention and intervention activities as may be prescribed by the Division Superintendent.

• Material that is suspected of being a controlled substance shall be turned over to the police department.

• The questioning of students by police officers, other than school resource officers, in school or on school grounds about alleged illegal activities shall meet the conditions as defined in the current version of Regulation 2616.

• The principal shall monitor each case to ensure that an appropriate intervention and a follow-up response have been made.