Horizons Elementary

 

STUDENT CODE OF CONDUCT Policy Code: 4309 

The Caldwell County Board of Education’s Student Code of Conduct serves to notify students and their parents of expected behaviors, to provide a description of conduct subject to disciplinary action and to define the range of possible disciplinary consequences for misconduct. The term “parent” as referenced in student behavior policies includes legal guardian, legal custodian, or other adult caregiver authorized by statute.

The consequences for engaging in behavior prohibited by the Code of Student Conduct will be determined by the principal, in accordance with the school’s Student Behavior Management Plan. Students may be subject to a range of consequences, up to and including long-term suspension or expulsion, based on the nature of the offense and whether it constitutes a minor or serious violation, as described in Section D of Board Policy 4300, Student Behavior Policies. As permitted by state law, students who engage in conduct prohibited under Section J of the Code of Student Conduct may be subject to a 365-day suspension.

1. Integrity and Civility

All students are expected to demonstrate integrity, civility, responsibility and self-control.  This expectation is directly related to the Board’s educational objectives for students to learn to be responsible for and accept the consequences of their behavior and for students to respect cultural diversity and ideological differences.  Integrity, civility, responsibility and self-control also are critical for establishing and maintaining a safe, orderly and inviting environment.

In addition to any standards or rules established by the schools, the following behaviors are in violation of the standards of integrity and civility and are specifically prohibited:

1. cheating, including the actual giving or receiving of any unauthorized assistance or the actual giving or receiving of an unfair advantage on any form of academic work; 
2. plagiarizing, including copying the language, structure, idea and/or thought of another and representing it as one’s own original work; 
3. violating copyright laws, including the unauthorized reproduction, duplication and/or use of printed or electronic work, computer software, or other copyrighted material;
4. gambling or engaging in related games of chance involving payoffs of any kind;
5. cursing or using vulgar, abusive or demeaning language toward another person; and
6. playing abusive or dangerous tricks or otherwise subjecting a student or an employee to personal indignity.

 

2. Disruptive Behavior

An orderly school environment is necessary for teachers to be able to teach and for students to be able to learn.  Students are encouraged to participate in efforts to create a safe, orderly and inviting school environment.  Students also are entitled to exercise their constitutional right to free speech as part of a stimulating, inviting educational environment.  A student’s right to free speech will not be infringed upon; however, school officials may place reasonable, constitutional restrictions on time, place and manner in order to preserve a safe, orderly environment. 

Principals and teachers have full authority as provided by law to establish and enforce standards and rules as necessary to create orderly schools and classrooms.

Students are prohibited from disrupting teaching, the orderly conduct of school activities, or any other lawful function of the school or school system.  The following conduct is illustrative of disruptive behavior and is prohibited: 

1. intentional verbal or physical acts that result or have the potential to result in blocking access to school functions or facilities or preventing the convening or continuation of school-related functions, including false fire alarms;
2. appearance or clothing that (1) violates a reasonable dress code adopted and publicized by the school; (2) is substantially disruptive; (3) is provocative or obscene; or (4) endangers the health or safety of the student or others (see Section C);
3. possessing or distributing literature or illustrations that significantly disrupt the educational process or that are obscene or unlawful;
4. engaging in behavior that is immoral, indecent, lewd, disreputable or of an overly sexual nature in the school setting;
5. failing to observe established safety rules, standards and regulations, including on buses and in hallways; and
6. interfering with the operation of school buses, including delaying the bus schedule, getting off at an unauthorized stop, and willfully trespassing upon a school bus.

 

3. Student Dress

The Board believes the dress and personal appearance of students greatly affect their academic performance and their interaction with other students.  The Board requests that parents outfit their children in clothing that is conducive to learning.  Generally, dress and grooming standards as determined by the student and his or her parents will be deemed acceptable.  However, the Board prohibits any appearance or clothing that does the following:

1. violates a reasonable dress code adopted and publicized by the school;
2. is substantially disruptive (for more information on gang-related attire, see Section G) ;
3. is provocative or obscene; or
4. endangers the health or safety of the student or others.

Before being punished, a student who is not in compliance with this policy or a school dress code will be given a reasonable period of time to make adjustments so he or she will be in compliance.  Disciplinary consequences for a student who fails to comply after being offered this opportunity shall be consistent with Section D of policy 4300, Student Behavior Policies.  The Superintendent or designee shall list in the Code of Student Conduct the specific range of consequences that may be imposed on a student for violation of the dress code.

4. Use of Wireless Communication Devices

The Board recognizes that cellular phones and other wireless communication devices have become an important tool through which parents communicate with their children.  Therefore, students are permitted to possess such devices on school property so long as the devices are not activated, used, displayed or visible during instructional time or as otherwise directed by school rules or school personnel.  Devices may be used during non-instructional times, such as during class changes and at lunch.  Wireless communication devices include, but are not limited to, cellular phones, electronic devices with internet capability, paging devices, two-way radios and similar devices.

Reference: Policy 4318 Use of Wireless Communication Devices

5. Tobacco Products -- Students

The Board is committed to creating safe, orderly, clean and inviting schools for all students and staff.  To this end, the Board supports state laws that prohibit the sale or distribution of tobacco products to minors and that prohibit the use of tobacco products by minors.  For the purposes of this policy, the term “tobacco product” means any product that contains or that is made or derived from tobacco and is intended for human consumption, including all lighted and smokeless tobacco products, as well as electronic cigarettes, vaporizers, and other electronic smoking devices even if they do not contain tobacco or nicotine, specifically but not limited to Cigarettes, Cigars, Little Cigars, Cigarillos, Dissolvable Products (tobacco products that are not smoked and are often called “dissolvables.”), Electronic Cigarettes (Also Referred to as: Vape Pen, e-Hookah, Hookah Pen, JUUL), Chewing tobacco, Snuff, and Waterpipes (Also Referred to as: Hookah, Shisha, Narghile, Argileh).  The Board also supports state and federal laws that prohibit the use of tobacco products in school buildings, on school campuses, and in or on any other school property owned or operated by the Board.   

In support of the Board’s commitments and state and federal law, students are prohibited from using or possessing any tobacco product (1) in any school building, on any school campus, and in or on any other school property owned or operated by the Board, including school vehicles; (2) at any school-related activity, including athletic events; or (3) at any time when the student is subject to the supervision of school personnel, including during school trips.

Nothing in this policy prohibits the use or possession of tobacco products for an instructional or research activity conducted in a school building, provided that the activity is conducted or supervised by a faculty member and that the activity does not include smoking, chewing or otherwise ingesting tobacco.

6. Drugs and Alcohol

Unauthorized or illegal drugs and alcohol are a threat to safe and orderly schools and will not be tolerated.  The Superintendent is responsible for ensuring this policy is consistently applied throughout the school system.

Students are prohibited from possessing, using, transmitting, selling or being under the influence of any of the following substances: 

1. narcotic drugs;
2. hallucinogenic drugs;
3. amphetamines;
4. barbiturates;
5. marijuana or any other controlled substance;
6. synthetic stimulants, such as MDPV and mephedrone (e.g., “bath salts”), and synthetic cannabinoids (e.g., “Spice,” “K2”);
7. any alcoholic beverage, malt beverage, fortified or unfortified wine or other intoxicating liquor; or
8. any chemicals, substances or products procured or used with the intention of bringing about a state of exhilaration or euphoria or of otherwise altering the student’s mood or behavior.

Students are prohibited from possessing, using, transmitting or selling drug paraphernalia or counterfeit (fake) drugs.  Students may not participate in any way in the selling or transmitting of prohibited substances, regardless of whether the sale or transmission ultimately occurs on school property. 

Students are prohibited from possessing, using, transmitting, or selling a substance containing cannabidiol (CBD) or tetrahydrocannabinol (THC) at school, regardless of whether it constitutes a controlled substance under state or federal law.

Students are prohibited from possessing, using, transmitting, or selling prescription or over-the-counter drugs except in accordance with policy 6125, Administering Medicines to Students.  A student who possesses or uses a prescription or over-the-counter drug in accordance with policy 6125 does not violate this policy.  The principal may authorize other lawful uses of substances that are otherwise prohibited by this policy, such as for approved school projects.

Disciplinary consequences for violations of subsections F shall be consistent with Section D of policy 4300, Student Behavior Policies. Where a student has possessed, used, transmitted, or sold a controlled substance in violation of law, the principal shall comply with the reporting requirements within this policy subsection K.

Violations of this policy shall be consistent with Section D of policy 4300, Student Behavior Policies.  The Superintendent or designee shall list in the Code of Student Conduct the specific range of consequences that may be imposed on a student for violations of this policy.

7. Gang-Related Activity

The Board strives to create a safe, orderly, caring and inviting school environment.  Gangs and gang-related activities have proven contrary to that mission and are prohibited within the schools.  A gang is any ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of criminal acts and having a common name or common identifying sign, colors or symbols.  The violence and crime that accompany gangs pose a serious threat to the safety of students and employees of the school system.  Even absent acts of violence or crime, the existence of gang-related activity within the schools creates an atmosphere of fear and hostility that obstructs student learning and achievement.  Thus, the Board condemns the existence of gangs and will not tolerate gang-related activity in the school system.

Gang-related activity is strictly prohibited within the schools.  For the purposes of this policy, “gang-related activity” means:  (1) any conduct that is prohibited by another Board policy and is engaged in by a student on behalf of an identified gang or as a result of the student’s gang membership; or (2) any conduct engaged in by a student to perpetuate, proliferate or display the existence of any identified gang.

Conduct prohibited by this policy includes:

1. wearing, possessing, using, distributing, displaying or selling any clothing, jewelry, emblems, badges, symbols, signs or other items with the intent to convey membership or affiliation in a gang;
2. communicating either verbally or non-verbally (gestures, handshakes, slogans, drawings, etc.) with the intent to convey membership or affiliation in a gang;
3. tagging, or otherwise defacing school or personal property with symbols or slogans intended to convey membership or affiliation in a gang (see Section H);
4. requiring payment of protection, insurance or otherwise intimidating or threatening any person related to gang activity (see Section I);
5. inciting others to intimidate or to act with physical violence upon any other person related to gang activity (see Section I);
6. soliciting others for gang membership; and
7. committing any other illegal act or other violation of school system policies in connection with gang-related activity.

The Superintendent or designee shall regularly consult with law enforcement officials to maintain current examples of gang-related activities, including but not limited to gang names and particularized examples of potential gang indicators including symbols, hand signals, graffiti, clothing, accessories and behaviors. 

The Board acknowledges that not all potential gang indicators denote actual membership in a gang.

Before being punished for a violation of subsection A.1 or A.2, above, a student shall receive an individualized warning as to what item or conduct is in violation of this policy and shall be permitted to immediately change or remove any prohibited items.  A student may be punished only if he or she previously received notice that the specific item or conduct is prohibited.

Disciplinary consequences for violations of subsections A.1, A.2 and A.6, above, shall be consistent with Section D of policy 4300, Student Behavior Policies.  The Superintendent or designee shall list in the Code of Student Conduct the specific range of consequences that may be imposed on a student for violations of these subsections.

Violations of subsections A.3, A.4, A.5 and A.7, above, are violations of both this policy and other Board policies.  Disciplinary consequences for such violations shall be consistent with Section D of policy 4300 and the specific range of consequences listed in the Code of Student Conduct for the other Board policy violated.  That the violation was gang-related shall be an aggravating factor when determining the appropriate consequences.

In a situation where a student has violated this policy or is otherwise suspected of gang affiliation through other circumstantial evidence, the principal shall conduct an intervention involving the principal and/or assistant principal, the student and the student’s parent.  Such intervention also may include the school resource officer and others as appropriate.  The purpose of an intervention is to discuss school officials’ observations and concerns and to offer the student and his or her parents information and an opportunity to ask questions or provide other information to the school officials.

This policy shall be applied in a non-discriminatory manner based on the objective characteristics of the student’s conduct in light of the surrounding circumstances.

8. Theft, Trespass, and Damage to Property

The Board will not tolerate theft, trespass or damage to property by any student.  Any student engaging in such behavior will be removed from the classroom or school environment for as long as is necessary to provide a safe and orderly environment for learning. 

1. Theft

Students are prohibited from stealing or attempting to steal school or private property and/or from knowingly being in possession of stolen property. 

2. Damage to Property

Students are prohibited from damaging, defacing, destroying, or altering the use of school property or private property or attempting to engage in such behavior.

3. Trespass

Students are prohibited from trespassing on school property.  A student will be considered a trespasser and may be criminally prosecuted in any of the following circumstances: 

• the student is on the campus of a school to which he or she is not assigned during the school day without the knowledge and consent of the officials of that school;
• the student is loitering at any school after the close of the school day without any specific need or supervision; or
• the student has been suspended from school but is on the property of any school during the suspension period without the express permission of the principal. 

 

9. Assaults and Threats

The Board will not tolerate assaults or threats from any student.  Any student engaging in such behavior will be removed from the classroom or school environment for as long as is necessary to provide a safe and orderly environment for learning. 

1. Assault 

Students are prohibited from assaulting, physically injuring, attempting to injure, or intentionally behaving in such a way as could reasonably cause injury to any other person.  Assault includes engaging in a fight.

2. Threatening Acts

Students are prohibited from directing toward any other person any language that threatens force, violence or disruption, or any sign or act that constitutes a threat of force, violence, or disruption. 

Bomb and terrorist threats are also addressed in section J, Weapons, Bomb Threats, Terrorist Threats, and Clear Threats to Safety.

The disciplinary consequences for violations of this policy shall be consistent with Section D of policy 4300, Student Behavior Policies.  The Superintendent or designee shall list in the Code of Student Conduct the specific range of consequences that may be imposed on a student for violations of this policy.

A student who is long-term suspended or reassigned to alternative education services as a result of assaulting or injuring a teacher shall not return to that teacher’s classroom without the teacher’s consent.

10. Weapons, Bomb Threats, Terrorist Threats, and Clear Threats to Safety

The Board will not tolerate the presence of weapons or destructive devices, bomb or terrorist threats, or actions that constitute a clear threat to the safety of students or employees.  Any student who violates this policy will be removed from the classroom or school environment for as long as is necessary to provide a safe and orderly environment for learning. 

1. Weapons and Weapon-Like Items

Students are prohibited from possessing, handling, using or transmitting, whether concealed or open, any weapon or any instrument that reasonably looks like a weapon or could be used as a weapon.  Weapons include, but are not limited to the following:

• loaded and unloaded firearms, including guns, pistols and rifles;
• destructive devices as described in subsection J.5.b. of this policy, including explosives, such as dynamite cartridges, bombs, grenades and mines;
• knives, including pocket knives, bowie knives, switchblades, dirks and daggers;
• slingshots and slungshots;
• leaded canes;
• blackjacks;
• metal knuckles;
• BB guns;
• air rifles and air pistols;
• stun guns and other electric shock weapons, such as tasers;
• icepicks;
• razors and razor blades (except those designed and used solely for personal shaving);
• fireworks;
• gun powder, ammunition, or bullets;
• any sharp pointed or edged instruments except unaltered nail files and clips and tools used solely for preparation of food, instruction and maintenance; and
• mace, pepper spray, and other personal defense sprays. 

Examples of other objects that may be considered weapons are box cutters and other types of utility blades and blowguns.

No student may knowingly or willfully cause, encourage or aid another student to possess, handle or use any of the weapons or weapon-like items listed above.  A student who finds a weapon or weapon-like item, who witnesses another student or other person with such an item, or who becomes aware that another student or other person intends to possess, handle or use such an item shall notify a teacher or the principal immediately.

This section does not apply to Board-approved and -authorized activities for which the Board has adopted appropriate safeguards to protect student safety.

2. Bomb Threats

Students are prohibited from making, aiding and/or abetting in making a bomb threat or perpetrating a bomb hoax against school system property by making a false report that a device designed to cause damage or destruction by explosion, blasting or burning is located on school property.

No student may knowingly or willfully cause, encourage or aid another student to make a bomb threat or perpetrate a bomb hoax.  Any student who becomes aware that another student or other person intends to use a bomb, make a bomb threat or perpetrate a bomb hoax shall notify a teacher or the principal immediately.

3. Terrorist Threats

Students are prohibited from making, aiding, conspiring and/or abetting in making a terrorist threat or perpetrating a terrorist hoax against school system property by making a false report that a device, substance or material designed to cause harmful or life-threatening injury to another person is located on school property or at a school event.

No student may knowingly or willfully cause, encourage or aid another student to make a terrorist threat or perpetrate a terrorist hoax.  Any student who becomes aware that another student or other person intends to use a device, substance or material designed to cause harmful or life-threatening illness or injury to another person, make a terrorist threat or perpetrate a terrorist hoax shall notify a teacher or the principal immediately.

4. Clear Threats to Student and Employee Safety

Students are prohibited from engaging in behavior that constitutes a clear threat to the safety of other students or employees.  Behavior constituting a clear threat to the safety of others includes, but is not limited to:

• theft or attempted theft by a student from another person by using or threatening to use a weapon;
• the intentional and malicious burning of any structure or personal property, including any vehicle;
• an attack or threatened attack by a student against another person wherein the student uses a weapon or displays a weapon in a manner found threatening to that person;
• an attack by a student on any employee, adult volunteer or other student that does not result in serious injury but that is intended to cause or reasonably could cause serious injury;
• an attack by a student on another person whereby the victim suffers obvious severe or aggravated bodily injury, such as broken bones, loss of teeth, possible internal injuries, laceration requiring stitches, loss of consciousness, or significant bruising or pain; or whereby the victim requires hospitalization or treatment in a hospital emergency room as a result of the attack;
• any intentional, highly reckless or negligent act that results in the death of another person;
• confining, restraining or removing another person from one place to another, without the victim’s consent or the consent of the victim’s parent, for the purpose of committing a felony or for the purpose of holding the victim as a hostage, for ransom, or for use as a shield;
• the possession of a weapon on any school property, including in a vehicle, with the intent to use or transmit for another’s use or possession in a reckless manner so that harm is reasonably foreseeable;
• taking or attempting to take anything of value from the care, custody or control of another person or persons, by force, threat of force, or violence, or by putting the victim in fear;
• any unauthorized and unwanted intentional touching, or attempt to touch, by one person of the sex organ of another, including the breasts of the female and the genital areas of the male and female;
• the possession, manufacture, sale or delivery, or any attempted sale or delivery, of a controlled substance in violation of Chapter 90 of the North Carolina General Statutes;
• any behavior resulting in a felony conviction on a weapons, drug, assault or other charge that implicates the safety of other persons; and
• any other behavior that demonstrates a clear threat to the safety of others in the school environment.

5. Consequences

• General Consequences

The disciplinary consequences for violations of this policy shall be consistent with Section D of policy 4300, Student Behavior Policies.  The Superintendent or designee shall list in the Code of Student Conduct the specific range of consequences that may be imposed on a student for violations of this policy.

2. Specific Consequences Mandated by Law

As required by law, a student who brings or possesses a firearm or destructive device on school property or at a school-sponsored event shall be suspended for 365 days, unless the Superintendent modifies, in writing, the required 365-day suspension for an individual student on a case-by-case basis.  The Superintendent shall not impose a 365-day suspension if the Superintendent determines that the student (1) took or received the firearm or destructive device from another person at school or found the firearm or destructive device at school, (2) delivered or reported the firearm or destructive device as soon as practicable to a law enforcement officer or school personnel and (3) had no intent to use the firearm or destructive device in a harmful or threatening way. 

For the purpose of this subsection, a firearm is (1) a weapon, including a starter gun that will, is designed to or may readily be converted to expel a projectile by the action of an explosive, (2) the frame or receiver of any such weapon or (3) any firearm muffler or firearm silencer.  A firearm does not include an inoperable antique firearm, a BB gun, a stun gun, an air rifle or an air pistol.  For the purposes of this subsection, a destructive device is an explosive, incendiary or poison gas (1) bomb, (2) grenade, (3) rocket having a propellant charge of more than four ounces, (4) missile having an explosive or incendiary charge of more than one-quarter ounce, (5) mine or (6) similar device.

A student may not be suspended for 365 days for a weapons violation except in accordance with this subsection.

11. Criminal Behavior

Criminal or other illegal behavior is prohibited.  Any student who the principal reasonably believes has engaged in criminal behavior on school premises or at school activities will be subject to appropriate disciplinary action, as stated in applicable Board policies, and also may be criminally prosecuted. 

School officials shall cooperate fully with any criminal investigation and prosecution.  School officials shall independently investigate any criminal behavior that also violates school rules or Board policy. 

1. Students Charged with or Convicted of Criminal Behavior

If necessary, the Superintendent and principal may take reasonable measures to preserve a safe, orderly environment when a student has been charged with or convicted of a serious crime, regardless of whether the alleged offense was committed on school grounds or was related to school activities.  Depending upon the circumstances, including the nature of the alleged crime, the child’s age, and the publicity within the school community, reasonable efforts may include changing a student’s classroom assignment or transferring the student to another school.  Transfer to an alternative school may be made in accordance with the criteria established in policy 3470/4305, Alternative Learning Programs/Schools.  The student will continue to be provided with educational opportunities unless and until the student is found to have violated Board policy or school rules and is suspended or expelled in accordance with procedures established in Board policy. 

2. Reporting Criminal Behavior

A school employee may report to law enforcement an assault by a student on a school employee, and principals or other supervisors shall not, by threats or in any other manner, intimidate or attempt to intimidate the school employee from doing so.

Principals shall immediately report to law enforcement the following acts when they have personal knowledge or actual notice from school personnel that such acts have occurred on school property, regardless of the age or grade of the perpetrator or victim: (1) assault resulting in serious personal injury; (2) sexual assault; (3) sexual offense; (4) rape; (5) kidnapping; (6) indecent liberties with a minor; (7) assault involving the use of a weapon; (8) possession of a firearm in violation of the law; (9) possession of a weapon in violation of the law; and (10) possession of a controlled substance in violation of the law.  A principal who willfully fails to make a required report to law enforcement will be subject to disciplinary action, up to and including dismissal.

The principal or designee shall notify the Superintendent or designee in writing or by e-mail of any report made by the principal to law enforcement.  Such notice shall occur by the end of the workday in which the incident occurred, when reasonably possible, but not later than the end of the following workday.  The Superintendent shall inform the Board of any such reports.  In addition, the principal or designee shall notify the parents of students who are alleged to be victims of any reported offenses.

Certain crimes shall be reported to the State Board of Education in accordance with State Board of Education Policy HRS-A-000.

Legal References: 17 U.S.C. 101, 102, 106, 107, 110, 117; G.S. 115C-47, -288, -307, -390.2, -390.5

Cross References: Goals and Objectives of the Educational Program (policy 3000), Copyright Compliance (policy 3230/7330), Student Behavior Policies (policy 4300), Use of Wireless Communication Devices (policy 4318), Bullying and Harassing Behavior Prohibited (policy 4329/7311), Administering Medicines to Students (policy 6125)

Adopted: January 14, 2013

Revised: August 11, 2014; October 12, 2015; July 11, 2016; June 10, 2019; August 10, 2020; August 11, 2025