Alliance Alice M. Baxter College-Ready High School "...Where students excel and achieve their potential. My mother would be very pleased with their performance." - Dr. Baxter

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Discipline: Suspension & Expulsion » Expulsion Categories

Expulsion Categories

Category I
The Principal of Baxter High School shall immediately suspend and recommend expulsion when the following occur on school campus or at a school activity off campus, for any of the following reasons:
1. Possessing, selling, or furnishing a firearm, as defined below. E.C. 48915(c)(1): 48900(b)
2. Brandishing a knife at another person. E.C. 48915(c)(2); 48900(a)(1) and 48900(b)
3. Unlawfully selling a controlled substance. E.C. 48915(c)(3); 48900(c)
4. Committing or attempting to commit a sexual assault or committing a sexual battery, as defined in the enumerated offenses, above. (as defined in 488900[n]). E.C. 488915(c)(4); 48900(c)
5. Possession of an explosive, as defined below. E.C. 48915(c)(5); 48900(b)

If it is determined that a student has brought a fire arm or destructive device, as defined in Section 921 of Title 18 of the United States Code, on to campus or to have possessed a firearm or dangerous device on campus, the student shall be expelled for one year, pursuant to the Federal Gun Free Schools Act of 1994.

The term “firearm” means (A) 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; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.

The term “destructive device” means (A) any explosive, incendiary, or poison gas, including but not limited to: (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses.

Category II
The Principal of Alliance X College-Ready Academy X has limited discretion with Category II student offences listed below. The Principal must recommend expulsion when any of the following occur at school or at a school activity off campus, unless the Principal determines that expulsion is inappropriate (E.C. 48915[a]):
1. Causing serious physical injury to another person, except in self-defense. E.C. 48915(a)(1); 48900(a)(1), maybe also 48900(a)(2).
2. Possession of ay knife or other dangerous object of no reasonable use to the pupil. E.C. 48915(a)(2); 48900(b)
3. Unlawful possession of any controlled substance, except for the first offence of less than an ounce of marijuana. E.C. 48915(a)(3); 48900(c).
4. Robbery or extortion. E.C. 48915(a)(4); 48900(e).
5. Assault or battery upon any school employee. E.C. 48915(a)(5); 48900(a)(1) and 48900(a)(2)

Category III
The Principal may recommend expulsion when any of the following Category III offenses occur at any time, including, but not limited to, while on school grounds; while going to or coming from school; during the lunch period, whether on or off the campus; or during, or while going to or coming from, a school-sponsored activity:

1. Category I and II offenses that are related to a school activity or school attendance, but that did not occur on school campus or at a school activity.
2. Caused or attempted to cause, or threatened to cause physical injury to another person, unless the injury is serious, as set forth under the Category II offenses.. (Unless, in the case of “caused,” injury is serious. [See II.1]). E.C. 48900(a)(1); 48915(b)
3. First offense of possession of marijuana of not more than one ounce, or possession of alcohol. E.C. 48900(c); 48915(b)
4. Sold, furnished, or offered a substitute substance represented as a controlled substance. E.C. 48900(d); 38915(b)
5. Caused or attempted to cause damage to school or private property. E.C. 48900(f); 48915(e)
6. Stole or attempted to steal school or private property. E.C. 48900(g); 48915(e)
7. Possessed or used tobacco. E.C. 48900(h); 48915(e)
8. Committed an obscene act or engage in habitual profanity or vulgarity. E.C. 48900(i); 48915(e)
9. Possessed, offered, arranged, or negotiated to sell any drug paraphernalia. E.C. 48900(j); 48915(e)
10. Knowingly received stolen school or private property. E.C. 48900(l); 48915(e)
11. Possessed an imitation firearm. E.C. 48900(m); 48915(e)
12. Engaged in harassment, threats, or intimidation against a pupil or group of pupils or school district personnel. E.C. 48900.4**; 48915(e)
13. Committed sexual harassment (applicable to grades 4 through 12 only). E.C. 48900.2**; 48915(e)
14. Caused or attempted to cause, threatened to cause, or participated in an act of hate violence (applicable to grades 4 through 12 only). E.C. 48900.3**; 48915(e)
15. Made terrorist threats against school officials or school property, or both. E.C. 48900.7; 48915(e)
16. Willfully use force or violence upon the person of another, except in self-defense. E.C. 48900(a)(2); 48915(b)
17. Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a disciplinary action. E.C. 48900(o); 48915(e)
18. Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. E.C. 48900(p); 48915(e)
19. Engaged in, or attempted to engage in, hazing, as defined in Section 32050. E.C. 48900(q); 48915(e)
20. Engaged in an act of bullying, including, but not limited to, bullying committed by means of electronic act directed specifically toward a pupil or school personnel. E.C. 48900(r); 48915 (e)

Additional Findings
For all Category II and III offenses (Category I offenses do not require additional findings), the student may be expelled only if one or both of the following findings are substantiated:
a) Other means of correction are not feasible or have repeatedly failed to bring about proper conduct.
b) Due to the nature of the violation, the presence of the student causes a continuing danger to the physical safety of the student or others.