DISCIPLINE

Student ID Cards

Student ID cards are a means of identifying a student as enrolled at Westview. Every school year, each student receives a permanent ID card free of charge. Students must carry current ID cards with them on campus at all times and at school related activities. Any adult may ask for the ID at any time. Students must present a current student ID card during off-roll periods, to check out materials from the library, and for finance office transactions. Replacement I.D. cards can be purchased for $5 at the library.

Behavioral Expectations

Striving for excellence is a Westview tradition. This excellence comes as a result of hard work and sacrifice by many students in a variety of roles. It is essential that students who represent Westview exhibit behaviors both on and off campus which would not detract from, tarnish or mar the reputation of a team, program or school. They should, through their own high degree of citizenship, provide the role models necessary to maintain the high level of excellence and provide leadership for other student followers. Our student leaders should act as meaningful, productive members of society, showing good citizenship towards all. Failure to live up to these standards may result in a student being removed from the position s/he holds. This includes all extra-curricular activities, i.e., teams, clubs and offices.

Appeal Process

Students wishing to appeal disciplinary decisions should contact the Principal for information on specific procedures.

Assault

An "assault" is the nonconsensual, unprivileged attempt, coupled with an apparent present intent and ability, to inflict immediate injury on the person of another, provided the intended victim is placed in fear of personal harm. "Assault" is commonly referred to as an attempt to commit a "battery".

Battery

In general, battery is the unlawful touching or striking of another by the aggressor himself or by any substance put in motion by him, done with intent to bring about a harmful or offensive contact which is not legally consented to by the other and not otherwise privileged. It is often stated that a battery is a consummated assault. Note that "battery" includes and implies assault, for there can be no battery without an assault--but an assault does not necessarily include a battery.

Challenge of Authority

All school staff members are in position of authority on campus and at any school related activity. Direct challenges or verbal abuse toward a staff member will result in disciplinary action. If the challenge or verbal abuse is considered a threat to a staff member, disciplinary action could result in arrest and possible expulsion from the Poway Unified School District.

Note: By law, students are required to do what is reasonably asked of them as long as the request does not cause physical or mental danger to them. If a student feels he/she is not being treated fairly, the student should refrain from arguing with the teacher and take the appeal to the Area Administrator.

Computer Hacking/Viruses

Computer hacking and/or the introduction of a computer virus violates school rules and will result in disciplinary action. Disciplinary action includes restitution, suspension, being dropped from computer classes with a W/F (Withdrawal/Fail) and the filing of a report with the police. Computer "hacking" is illegally entering a computer system. A computer "virus" is a program that once entered into a computer will destroy software and computer memory. The Internet is for educational uses only. Students are to avoid sites which are inappropriate such as those that include violence and hate, or are of a sexual nature.

Cyber Bullying

The term, "Cyber Bullying" refers to the use of the Internet or other digital communication devices to bully peers or to intentionally be cruel to others. It is willful and repeated harm inflicted through electronic behavior. Such Internet speech can be vulgar, cruel, threatening, harassing and or critical of the school, teachers, school administrators or fellow students.

Cyber bullying that is done during school hours or that substantially disrupts school activities is subject to discipline. Consequences may include, but are not limited to, the loss of computer privileges, detention, suspension, separation or expulsion from the school.

Community members who feel that they have been the victims of such misuses of technology should not erase the offending material from the system. They should print a copy of the material and immediately report the incident to a school official.

This policy does not prohibit expressive activity protected by the First Amendment of the United States Constitution.

Discrimination

Discrimination is negative or unfair treatment toward an individual based on race, ethnicity, sexual orientation, religion or gender. It is against the rules for students to make nasty remarks that embarrass others or make them feel uncomfortable with actions or remarks that are sexual or racial in nature. Harassment on the basis of race, ethnicity, sexual orientation, religion or gender is a violation of both federal and state employment laws as well as District Policy and Administrative Procedures: (Title VII of the 1964 Civil Rights Act, the Educational amendments of 1972, Education Code Section 212.5 and Board Policy). The District is committed to providing students with an academic environment that is free from harassment and discrimination.

Disorderly Conduct

Inciting or instigating a fight or any other disturbance on campus will result in disciplinary action.

Drugs/Alcohol/Steroids

Possessing, using, having consumed or being under the influence of alcohol, narcotics, dangerous drugs, steroids or other controlled substances or intoxicants of any kind may result in transfer to another high school and/or will result in expulsion from the school district if this is a second offense.

Explosives, Weapons and Related Devices

Any student proven to be in possession of firecrackers or any other explosive device will be subject to suspension with consideration of expulsion.

Any student found guilty of setting off an explosive device will result in a suspension pending recommendation of expulsion.

Any weapons or simulated weapons brought on campus will be confiscated. The result could be possible arrest, prosecution and expulsion. Some examples are paint guns, pellet guns, B-B guns, nunchakus, etc.

A weapon, dangerous instrument, or replica weapon is any object which a reasonable person could perceive to be a weapon.

Examples include, but are not limited to: gun, rifle, pistol, revolver, "zip gun", "stun gun", taser, dirk, dagger, ice pick, knife, razor, pipe bomb, time bomb, cap gun, containers of flammable fluids, B-B gun, pellet gun, spot marker gun, billy club, blackjack, slingshot, nunchaku, sandclub, sandbag, metal knuckles, or any metal plate with radiating points with one or more sharp edges, model gun, model rifle, model pistol, model semi-automatic weapon, toy gun, toy rifle, toy semi-automatic weapon and squirt gun.

A student discovering inadvertent possession of a dangerous object should immediately self-report such possession to a staff member in order for optional consequences to be considered.

Fighting

Actual or attempted injury to another person that occurs during a hostile encounter. Mutual combat is when both parties are participants. For school purposes, "self-defense" is not fighting back. Self defense is the prevention of harm by blocking, holding or at best the moving away from a fighter. An "eye-for-an-eye" is considered fighting, not self-defense.

Forgery

Falsely and fraudulently making or altering a document.

Gambling

Playing a game for property, wager or money, or to stake something on contingency.

Harassment

Harassment is unwanted and unwelcome behavior from other students or staff members that interferes with another individual's life. When it is sexual in nature, it is "sexual harassment". When it is racial in nature, it is a "hate-motivated behavior" or sometimes a "hate crime". This includes Cyberbullying.

Hate Behavior

Negative behaviors that target members of a particular gender, race, ethnicity, religion, sexual orientation, or the mentally or physically challenged will not be tolerated. Such behaviors may include, but are not limited to:

• Name calling, racial slurs or bigoted epithets.
• The presence of symbols or words considered offensive to persons of a specific gender, race, ethnicity, religion, sexual orientation or the mentally or physically challenged, such as graffiti, slurs or painted swastikas.
• Activities historically associated with threats to persons of a specific gender, race, ethnicity, religion, sexual orientation or the mentally or physically challenged (e.g., burning crosses, wearing swastikas or white sheets, flying confederate flags, hanging effigies, defacing pink triangles).
• The posting or circulation of demeaning jokes or caricatures based on negative stereotypes of a specific gender, race, ethnicity, nationality, religion, sexual orientation or mental or physical challenges.
• The defacing, removal, or destruction of posted materials, meeting places, memorials, etc. associated with specific gender, race, ethnic, religious, sexual orientation or mental or physical challenges.
• Victim belief that the incident was motivated by bias against him/her as a member of a specific gender, racial, ethnic, religious, sexual orientation or mentally or physically challenged group.
• Perpetrator explanation/defense of incident involves exalting own gender, race, ethnicity, religion, sexual orientation or mental or physical status and/or includes statements demeaning victim group.
• The presence of organized hate group literature and/or posters or reference to an organized hate group.

Hazing

Hazing in any form, including initiation, which is degrading is strictly forbidden by California State Law. No student shall conspire to engage in hazing, participate in hazing or commit any act that causes or is likely to cause bodily danger, physical harm, personal degradation or disgrace resulting in physical or mental harm to any fellow student or other person. Persons violating this policy shall be subject to District discipline, misdemeanor penalties and forfeiture of entitlements.

Off Limits Area

During lunch, students have access to almost any area on campus. The areas considered "Off Limits" are:

1. Parking lots
2. Athletic fields
3. Tennis & racquetball courts
4. Students are forbidden to climb fences as a form of access to or from the campus.

Search and Seizures

School officials have a duty to protect other students from the possible damages of contraband, such as weapons or drugs. Although student rights are of primary importance, when situations warrant, searches of vehicles, lockers, backpacks, purses, pockets and other personal belongings will be performed. "The legality of a warrantless search depends on the reasonableness under all circumstances of the search, including the following factors: whether the search was justified at its inception and whether, as conducted, it was reasonably related in scope to the circumstances that justified it in the first place." (New Jersey v. TLO, 1985) Our goal is to maintain a safe and orderly environment free of weapons, drugs or paraphernalia which can negatively influence the climate of our school.

The District may also use specially trained non-aggressive dogs to sniff out and alert staff to the presence of substances prohibited by law or District Policy. The dogs may sniff the air around lockers, desks, bags, items or vehicles on District property or at District-sponsored events as long as they are not allowed to sniff any person. Items shall not be sniffed if a person is close by. Inspections shall be unannounced and may be made at the discretion of the Superintendent or designee. Students and parents/guardians shall be informed of this policy at the beginning of each school year. In all cases, students will be afforded due process.

Sexual Harassment

The full text of PUSD Board Policy 5.24.1 can be found on the PUSD website, www.powayusd.com.

The Poway Unified School District recognizes that harassment on the basis of sex or gender is a violation of Federal and State discrimination laws as well as District Policy and Administrative Procedures. The District is committed to providing students with an academic environment free from sexual harassment, and will not tolerate such conduct on the part of any District employee, student, or other person at school or at a school sponsored activity.  

Any person with a complaint of sexual harassment suffered by a student should implement the complaint process contained in the administrative procedures. Retaliation or reprisals for reporting any incidents of sexual harassment, making any complaints, or being involved in the investigation process, are not permitted and will not be tolerated.

The District will promptly and thoroughly investigate any complaints of sexual harassment, and will take immediate action to resolve such complaints.

The Poway Unified School District strictly prohibits harassment based upon gender or sex, against any student in the educational environment. Prohibited sexual harassment includes unwelcome conduct based upon sex or gender by someone who is of the opposite or same gender, a fellow student, a teacher or other employee of the District, a District administrator, or any other person within the school, school environment or school sponsored activity.

The law defines "sexual harassment" to mean unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the educational setting, under any of the following conditions:

• Submission to the conduct is explicitly or implicitly made a term or condition of an individual's academic status or progress; or
• Submission, or rejection of, the conduct by the individual is used as a basis of academic decisions affecting the individual; or
• The conduct has the purpose or effect of having a negative impact upon the individual's academic performance or of creating an intimidating, hostile or offensive educational environment; or
• Submission to, or rejection of, the conduct by the individual is used as a basis for any decision affecting the individual regarding benefits and services, honors, programs or activities available at or through the educational institution.

EXAMPLES OF UNWELCOME CONDUCT WHICH MAY BE SEXUAL HARASSMENT INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:

• Deliberate written or oral comments, gestures, or physical contacts of a sexual nature or demeaning to one's gender which are unwelcome or interfere with school productivity;
• Implicit or explicit sexual behavior by a fellow student, District employee, or other person within the school environment which has the effect of controlling, influencing, or otherwise affecting the school environment;
• Unwelcome suggestive, vulgar, or obscene letters, notes, posters, calendars, or other visual products, or derogatory comments, slurs, and/or jokes of a sexual nature.

Retaliation

The Poway Unified School District strictly prohibits any retaliation and attempts or threats to retaliate against anyone for filing, reporting, pursuing, or participating in a complaint of sexual harassment, or for being a witness or helping in any other way relating to a complaint, potential complaint, or investigation of alleged sexual harassment. Any person who retaliates or attempts to retaliate in violation of this prohibition may be subject to discipline whether or not sexual harassment actually occurred and independently of this Administrative Procedure. Anyone with a concern that retaliation is or may be occurring is encouraged to contact the person investigating the charge of sexual harassment or the principal, area administrator, or the District's Title IX Coordinator.

False Claims

No one shall file any claim of sexual harassment knowing it to be false, and no one shall provide any knowingly false information in a sexual harassment complaint or investigation. Anyone violating this prohibition may be subject to disciplinary action independently of this Administrative Procedure.

Procedures

These procedures are intended to provide timely and effective steps reasonably calculated to address concerns and allegations of sexual harassment, remedy any sexual harassment that occurred by ending it and preventing it from occurring again. All aspects of these procedures should be implemented with consideration of the gender, age, and maturity level of the student who is the complainant and respondent of alleged sexual harassment.

The Complaint Process

These procedures may be implemented by a student with or without approval of a parent or guardian, by a student's parent or legal guardian or other legal advocate, or by anyone who is aware of sexual harassment having been committed against a student of Poway Unified School District. If a person other than the student's parent, legal guardian, or legal advocate submits a complaint, the person receiving the complaint should take appropriate steps to ensure the processing of the complaint does not violate any federal or state rights to privacy possessed by the alleged subject of the alleged sexual harassment. Any student, at any stage of the complaint process, may be assisted by a parent, legal guardian, legal advocate, or other adult of the student‟ choosing.

Formal Resolution Process Implementation

The formal complaint process may be implemented without filing an informal complaint or at any time during the informal resolution process. The formal resolution process is implemented by a complainant filing a written, signed complaint with the site principal and/or assistant principal or with the District's Title IX Coordinator or his/her designee. The complaint should include at least the names of the persons involved, the age and/or grade of the student(s), the approximate date(s) of the event(s) at issue, and a description of the actions constituting the alleged sexual harassment, which is as detailed as possible given the age and maturity of the complainant. The complainant should also include what he or she believes is an appropriate resolution. 41

Alternative Sources of Information and Assistance

Any question or concern about sexual harassment involving students may be directed to the District's Title IX Coordinator or to the principal or assistant principal of that student's school. For example, information can be obtained about the specific rules and procedures for reporting allegations of sexual harassment, pursuing available remedies, resolving any question or concern, or obtaining assistance because of age, disability, or language. The Title IX Coordinator for Poway Unified School District can be contacted about concerns at any stage of this process, by contacting him/her as follows: Assistant Superintendent, Personnel Support Services, or his/her Designee POWAY UNIFIED SCHOOL DISTRICT 13626 Twin Peaks Road Poway, California 92064, (858) 748-0010, ext. 2014

Smoking/Use of Tobacco

To provide a tobacco free environment for both employees and students, there shall be no smoking or tobacco product use allowed in District buildings, grounds or vehicles:

State law prohibits the smoking, possession or use of tobacco, or any product containing tobacco, by students while on campus or while attending school sponsored activities.

NO SMOKING includes before and after school and is prohibited in the parking lot, in or out of cars, outside school entrances and areas adjacent to and around school property.

Chewing tobacco is not permitted on campus.

Tobacco use cannot take place within 1,000 feet of school, or to and from school.

Student disciplinary procedures concerning tobacco use are as follows:

First Offense

Suspension, the type and length of which shall be determined by site administrator.

Second Offense

Suspension and notification of law enforcement officials for possible issuance of a citation.

School based programs of intervention and counseling shall be made available for students regarding their tobacco use, such as cessation classes, peer assistance, tobacco-related support groups (with positive parental permission to attend), mentors, and individual counseling and staff support.

In the case of pregnant minors and minor parents, each student entering the PUSD Teen Parent program shall have an interview at which time their level of tobacco use will be assessed. If needed, the following services will be developed:  

• Referral to prenatal and related support services

• Outreach services and assessment of smoking status

• Individual counseling and advocacy services

• Motivational messages

• Cessation services, if appropriate

• Incentives to maintain a healthy lifestyle

• Follow-up assessment

• Maintenance and relapse-prevention services

Suspension or Expulsion Grounds

The Board of Education authorizes the school Principal to suspend or to recommend for Board consideration, the expulsion of any student who violates the Rules of Student Discipline. Restitution may also be required in cases of damage or destruction of property. According to Ed Code Section 48915, mandatory recommendation for expulsion will be imposed on student for any of the following acts, (unless the Superintendent/Principal finds that expulsion is inappropriate due to the particular circumstances of the case):

Causing serious physical injury to another person, except in self defense.

Possession of any knife, explosive or other dangerous product that is not of reasonable use to the pupil.

Unlawful possession of any controlled substance, except a first offense for the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis.

Theft, Property Destruction

Theft and property destruction may result in police action and possible prosecution. Restitution may be required and disciplinary action will be taken. The parent or guardian is legally responsible to pay for any losses due to proven theft by their child or damage to public property caused by the student. Please note that administrative and security staff will not search for lost electronic devices i.e., iPods, cell phones, hand-held games, mp3 players, etc.

Threat

It is the expression of an intention to inflict evil or injury on another and is more than the mere expression of such intent. It is a menace, especially any menace of such a nature or extent as to unsettle the mind of the person on whom it operates and to take away from his acts that free, voluntary action which alone constitutes consent. Ordinarily, a "threat of force or violence" is tantamount to an aggravated assault. Any statement made with regard to bringing dangerous objects/weapons to school will be taken seriously and dealt with seriously.

Vandalism

Also known as "malicious mischief." The willful or malicious destruction of any real or personal property belonging to another; a misdemeanor.