Code of Conduct

LEVEL I VIOLATIONS

A Level I violation is behavior which disrupts the educational process or interferes with teaching and learning. For the most part, Level I violations disrupt or interfere with a student’s learning environment, attendance or punctuality. Depending on severity or repetition, a Level I violation may be reclassified as a Level II or Level III violation. 

1. Chronic Lack of Supplies – Repeatedly reporting to class lacking necessary materials such as books, physical education attire, industrial education class supplies, etc.
2. Disruptive Behavior – Behaving in a manner which disrupts or interferes with educational activities.
3. Inappropriate Display of Affection – Kissing, embracing or engaging in affectionate activity that exceeds standards of good taste and common decency.
4. Inappropriate Dress and Grooming – Dressing or grooming in a manner prohibited by the District-wide Dress Code (See pg. 6) or similar building rules.
5. Inappropriate Personal Property - Possessing personal property prohibited by school rules or otherwise disruptive to the teaching and learning of others.
6. Leaving without Permission - Leaving the school, classroom or assigned area without permission of school personnel.
7. Tardiness – Failing to be in a place of instruction at the assigned time without a valid excuse.
8. Truancy - Failing to report to class or school without prior permission, knowledge, or excuse by the school or parent. Regular attendance at school and prompt arrival to all classes and scheduled activities is the prime responsibility of the students and parent. (MCL 380.1561)

LEVEL I DISCIPLINE PROCEDURE

Staff intervention strategies such as teacher/student conferences, auxiliary staff/student intervention and teacher/parent contacts are to be made for Level I violations when referring to administration. Any or all of the following intervention strategies and disciplinary actions may be used by administrators for Level I violations.

Minimum Action

1. Teacher/student conference or reprimand.

Additional Actions as Deemed Appropriate

1. Administrator/student contact.
2. Administrator/parent contact.
3. Referrals and conferences involving various support staff or agencies.
4. Daily/weekly progress reports.
5. Behavioral contracts.
6. Change in student’s class schedule.
7. School service assignments.
8. Confiscation of inappropriate item(s).
9. Restitution/Restoration.
10. Before- or after-school detention(s).
11. Denial of participation in class and/or school activities.
12. In-school suspension.
13. Temporary assignment to Planning Room or Options Room.
14. Other intervention strategies as needed.

LEVEL II VIOLATIONS

A Level II violation is behavior which seriously disrupts the educational process or interferes with teaching and learning. For the most part, Level II violations disrupt or interfere with another person’s right to an appropriate learning environment. In addition, depending upon severity or repetition, a Level II violation may be reclassified as a Level III violation.

1. Academic Dishonesty - Engaging in academic cheating. Cheating includes, but is not limited to, the actual giving or receiving of any unauthorized aid or assistance, or the actual giving or receiving of unfair advantage on any form of academic work. A student shall not engage in plagiarism, which includes the copying of language, structure, idea and/or thought of another and represent it as one's own original work.
   • Academic Dishonesty includes but is not limited to:
     • Copying another student’s work, including electronic and visual mediums.
     • Submitting copied information from the Internet.
     • Providing homework to another student.
     • Disclosing test-related material.
     • Dishonest actions reported by the teacher.
     • Using or possessing “crib” or “cheat” notes, or accessing text when not permitted on quizzes and tests.
   • Plagiarism includes but is not limited to:
     • Copying another student’s work or previously published material or ideas from any source and submitting them as one’s own.
     • Allowing a student to copy one’s work.
     • Intentionally leaving your written work available in a place that makes it possible for someone to copy, sending it electronically to someone, or lending someone a notebook, a paper, or disk that contains your written work.
     • Altering words or the order of words from another source and submitting them as one’s own.
     • Submitting work written by college students, former students, tutors, friends, or other adults as one’s own.
     • Submitting work as one’s own that was produced by unauthorized collaboration on assignments designed to be completed independently.
     • Submitting work as one’s own which was generated by an AI tool, without proper citation; may include written, visual, audio or other media.
2. AI-generated impersonation or defamation - The use of AI tools to create manipulated digital content or sharing content such as synthetic audio, video or images, deep fakes, or impersonations which may be used to harm, harass, or bully students or adults.
3. Assault – Placing a reasonable person in imminent fear of harmful or offensive contact without the person’s consent.
4. Battery – Intentionally contacting a person, physically or offensively, without consent.
5. Bullying/Intimidation – Verbal or nonverbal behavior or statements that intentionally embarrass or intimidate another person.
6. Disseminating/Possessing Indecent Material –Intentionally possessing or disseminating vulgar, lewd or indecent material, by electronic or other means.
7. Failure to Serve Assigned Detention – Failing to serve an assigned detention for which student and/or parent have been notified.
8. Misrepresentation – Intentionally misrepresenting information, verbal or written, to school district personnel or possessing documents containing misrepresentations. Examples include, but are not limited to, using the name of another person; falsifying times, dates, grades, addresses or other data on school district forms or records; providing false, misleading or inaccurate statements or information on district forms or records.
9. Gambling – Playing any game of skill or chance for money or anything of value.
10. Gang Insignia/Activity – Gangs are defined as organized groups of students and/or adults who engage in activities that threaten to compromise the general order or educational mission of the school district.
    • Activity:
      • Any group that uses violence, force, coercion, intimidation, threat of violence, or bullying in the school community that may cause disruption/harm to the educational mission of the school district or its members.
      • Gathering of two or more persons for the purposes of engaging in activities or discussions promoting gangs.
    • Insignia/Gestures:
      • Wearing, displaying, possessing any clothing, jewelry, colors, or insignia that identifies the student as a member of a gang, or otherwise symbolizes support of a gang.
      • Using a word, phrase, symbol, or gesture that identifies a student as a member of a gang, or otherwise symbolizes support of a gang.
11. Improper Use of District Technology – The unapproved or prohibited use of district computers or other technology, including:
    • Disregarding the privacy of other users, such as using or attempting to use or learn other users' passwords;
    • Unauthorized copying, changing, reading, accessing or attempting to access or using other users' files;
    • Gaining or attempting to gain unauthorized access to district equipment, systems, programs, files or other users' accounts;
    • Introducing or attempting to introduce a virus into any district equipment, systems, programs or files;
    • Using or attempting to use district equipment, systems, programs or files to disturb or harass others; and
    • Damaging or attempting to damage any district equipment, systems, programs or files.
12. Inappropriate Use of Motor Vehicle – Driving in an unsafe manner, failing to register one's vehicle, failing to display a parking decal, or parking in an unauthorized area.
13. Insolence – Displaying verbal or nonverbal disrespect toward school personnel.
14. Insubordination/Refusal to Work or Follow Directions – Failing to comply with a direction or instruction of school personnel or refusing to identify one’s self.
15. Loitering – Remaining or lingering on school property without staff supervision for more than 20 minutes after final dismissal without a legitimate purpose or prior permission. Violations may result in trespassing charges.
16. Making False Statement - A student shall not make false statements or give false evidence to administrators or staff during an investigation of possible violation of this Code of Conduct.
17. Misconduct - intentional wrongdoing; inappropriate behavior not covered specifically by the Walled Lake Consolidated School Student Code of Conduct; specifically: deliberate violation of reasonable standards of behavior in school.
18. Off-Campus Conduct – Students in attendance at school-sponsored, off-campus events are subject to the direction and authority of school district personnel and are governed by all applicable rules and regulations of Walled Lake Schools. In addition, a student’s off-campus actions which cause, or are likely to cause, a material and substantial negative effect on the general safety and welfare of students and staff, or the good order and functioning of the school(s), may result in disciplinary action whether or not part of a school-sponsored activity.
19. Off-Campus Internet Sites and Usage – Students may be subject to appropriate disciplinary action for off-campus internet use, including but not limited to Web site creation and/or use, where such use causes, or is likely to cause a material and substantial negative effect on the general safety and welfare of students and staff, or on the good order and functioning of the school(s). This paragraph shall not be applied contrary to the protections of the First Amendment.
20. Persistent Misbehavior or Repeated/Serious Level I Violations – Accumulating Level I violations or reclassification of a serious Level I violation.
21. Illegal Harassment - Unwelcomed behavior or statements related to a person’s sex, race, color, national origin, age, religion, height, weight, marital status or disability that are so pervasive, severe and objectively offensive that they effectively bar that person’s access to educational opportunities and benefits
22. Physical Aggressiveness – Engaging in aggressive physical contact such as pushing, shoving, tripping, etc.
23. Possession/Use of Tobacco Products – Possessing or using a cigarette or other tobacco products, such as smokeless tobacco, paraphernalia, etc.
24. Recording Without Permission – A student shall not record by any means (i. e, audio, video, digital, etc.) a communication from or with any administrator, teacher or other School District employee without the expressed permission of the person recorded for the particular communication allowed.
25. Theft, Possession or Transfer of Property of Others (Value Less Than $100) – Intentionally taking property (value less than $100) belonging to the school or any individual or group without prior permission. Intentionally possessing or transferring property (value less than $100) of another without the consent of the owner.
26. Trespassing – Entering or being present in a school building or on school premises, or in a particular part of a school building or school premises, without permission or authorization.
27. Electronic Communication Devices – Include but are not limited to cellular phones, digital picture/video cameras and/or camera phones, iPods, MP3s, and other personal communication devices capable of transmitting data or images. Students may possess and bring cellular phones and other personal communication devices (PDAs) into school buildings on two conditions: first, that parents and students agree to permit District personnel to search the contents of those PDAs whenever they have reasonable suspicion a student has violated the Student Code of Conduct and the PDA contains information concerning that violation; and, second, that students not use PDAs during instructional time unless used for instructional purposes In either case, the District may be required to temporarily confiscate the PDA (see p. 28 for complete details).
28. Use of Profanity - Writing, saying or gesturing in a manner which conveys an offensive, obscene or suggestive message, including abusive or vulgar words, gestures, pictures, or sounds.
29. Vandalism - Intentionally damaging, defacing, disabling or otherwise harming school property or the property of others, including situations in which minor damage can be repaired or replaced at no cost to the district.

30. Verbal Threat -  A spoken statement—direct or implied—that communicates an intent to cause harm, injury, or disruption to a person, group, or property. It can include Direct threats (“I am going to hurt you.”) Conditional threats (“If you don’t do this, I’ll make you pay.”) Veiled threats (statements that suggest harm without saying it outright, such as “You’ll be sorry.”).

LEVEL II DISCIPLINE PROCEDURE

Staff intervention strategies such as teacher/student conferences, auxiliary staff/student intervention and teacher/parent contacts are to be made for Level II violations when referring for administrative action. Any or all of the following intervention strategies and disciplinary actions may be used by administrators for Level II violations. 

Minimum Actions

1. Administrator/student conference or reprimand.

Additional Actions as Deemed Appropriate

1. Administrator/parent contact.
2. Referrals and conferences involving various support staff or agencies.
3. Daily/weekly progress reports.
4. Behavioral contracts.
5. Change in student’s class schedule.
6. School service assignments.
7. Confiscation of inappropriate item(s).
8. Restitution/Restoration.
9. Before- or after-school detention(s).
10. Denial of participation in class and/or school activities.
11. Police notification.
12. Referral to student assistance program.
13. Denial of driving privileges.
14. Assignment to an alternative education program.
15. In-school suspension.
16. Deferred or pending suspension.
17. Out-of-school suspension from one to five school days.
18. Temporary assignment to Planning Room or Options Room.
19. Other intervention strategies as needed.

LEVEL III VIOLATIONS

A Level III violation is behavior of an aggravated nature, generally unlawful, which disrupts or interferes with the effective functioning of the school. In addition, depending upon severity or repetition, a Level III violation may be reclassified as a Level IV violation.

1. Aggravated Assault and Battery – A battery that causes an injury but does not involve the use of a weapon.
2. Arson – Intentionally causing a fire or combustion on school property not covered by Level IV violations.
3. Bomb Threats and Similar Threats - Making a false or intentionally incorrect report of a bomb or similar threat.
4. Breaking and Entering – Entering any school building, facility, office, room, storage space or other enclosure without authority to do so.
5. Disorderly Conduct – Behaving in a violent or grossly inappropriate manner.
6. Endangerment - Developing plans or not reporting information that could lead to a threat to the health, safety or well-being of other students and/or school personnel or threaten disruption to the educational process.
7. Extortion – Utilizing unlawful or otherwise inappropriate means to persuade and/or force another person(s) to act against their will, such as demanding money under threat of harm.
8. False Fire Alarms – Reporting a fire to school or fire officials, setting off a fire alarm without a reasonable belief that a fire exists, or tampering with any fire safety device.
9. Felonious Assault or Battery – An assault or battery with a weapon.
10. Fighting - Engaging in aggressive, physical conflict.
11. Persistent Misbehavior or Repeated/Serious Level I or Level II Violations – Accumulating Level I or Level II violations or reclassification of a serious Level I or Level II violation.
12. Possession or Use of Firework/Explosives – Possessing or using fireworks or explosives, not covered by Level IV violations.
13. Possessing Weapons/Dangerous Instruments – Possessing, using, selling, distributing or concealing any kind of weapon, material used like a weapon or dangerous instruments, including, but not limited to, BB guns, pellet guns, look-a-like guns, martial arts weapons, pepper spray, knives with a blade of three (3) inches or less (length of knife blade to be measured from point where handle ends), razor blades, or replica weapons.
14. Possession of Drug Paraphernalia - Possessing drug paraphernalia, such as bongs, pipes, rolling papers, etc.
15. Possession/Use of Alcohol/Drugs – Possessing, using, intentionally misusing or being under the influence of regulated, controlled or unauthorized substances not specifically prescribed by a physician, including, but not limited to, alcoholic beverages, marijuana, intoxicants, drugs, imitation controlled substances, “designer” drugs, synthetic spice, incense or drug replicas, steroids, human growth hormone, or other performance enhancing substances; inhalants (e.g. glue, or aerosol can, when not for their intended uses), or over-the-counter medications/substances.
16. Reckless Driving – Driving any vehicle in a willful and wanton disregard for the safety of persons or property on school property or in a school zone.
17. Robbery – Taking property from a person by force or threat of aggression.
18. Theft, Possession or Transfer of Property of Others (Value $100 or More) – Intentionally taking property (value $100 or more) belonging to the school or any individual or group without prior permission. Intentionally possessing or transferring property (value of $100 or more) of another without the consent of the owner.
19. Threats with or the Use of a Weapon – Using a weapon to threaten another person with bodily injury or to cause injury.
20. Unlawful Interference with School Authorities – Interfering with administration, teachers or other school personnel by threat of force or violence.
21. Verbal/Written Assaults (MCL.380.1311A(2) – Verbal or written statements or behavior that put reasonable school personnel or students in fear of imminent injury to persons or property.

LEVEL III DISCIPLINE PROCEDURE

Any or all of the following intervention strategies or disciplinary actions may be used by administrators for Level III violations:

Minimum Actions

1. Administrator/student conference or reprimand.
2. Administrator/parent contact.
3. Out-of-school suspension from 6 to 10 school days (may vary at elementary level).

Additional Actions as Deemed Appropriate

1. Police notification.
2. Deferred or pending suspension.
3. Referral to Youth Assistance Program *** for alcohol/drug violations (applies to secondary level).
4. Recommendation for placement in an alternative education program.
5. Recommendation for suspension between 11-30 school days **.
6. Recommendation for longer-term suspension of more than 30 school days**.
7. Recommendation for expulsion*.
8. Other intervention strategies as needed.

The unlawful possession or use of illicit drugs or alcohol is wrong and harmful. The use or possession of other nonspecifically prescribed substances is wrong and may be harmful.

A. Level III Violation – Possession or Use of Alcohol/Drugs

1. Suspension will be set at a minimum of five school days with no long term suspension recommendation if the student and parent agree to the student’s participation in an alcohol/drug education course recommended by the Walled Lake Consolidated School District. NOTE: Notwithstanding the statement above, repeated violations or situations considered critical by the building student assistance coordinator may result in immediate referral to an appropriate agency for professional assessment and/or possible treatment or recommendation for expulsion,
2. At the completion of an alcohol/drug education course, Youth Assistance will evaluate the student’s need for referral to an appropriate agency for professional assessment and/or possible treatment.
3. If a professional assessment is made:
   • Youth Assistance will advise administration of the referral.
   • Evidence of assessment completion and implementation of treatment recommendations made by the assessor will be submitted to administration by the parent (s) on or before the deadline.
   • Youth Assistance, working with administration, may provide the parent(s) with a completion deadline for the assessment process as well as a listing of possible resources.
4. If the above conditions are not met, the remaining days of suspension will be imposed with a possible recommendation for expulsion.

LEVEL IV VIOLATIONS

Consistent with Michigan law, certain student conduct or acts will result in expulsion as is more specifically set forth below as Level IV violations.

1. Arson – Defined as felony violation of chapter X of the Michigan Penal Code, MCL 750.71 to 750.80.
2. Criminal Sexual Conduct – Defined as a violation of section 520b, 520c, 520d, 520e, or 520g of the Michigan Penal Code, MCL 750.520b-g.
3. Physical Assaults (MCL380.1311a(12)(B)1 – Defined as intentionally causing or attempting to cause physical harm against a district employee, volunteer, or a person contracted for the district by a student in grade six or above.
4. Possession of a Dangerous Weapon on School Property – defined as a firearm, dagger, dirk, stiletto, knife with blade over three (3) inches in length (as measured from point where handle ends), a pocket knife opened by a mechanical device, iron bar or brass knuckles. Further, consistent with the Federal Gun-Free Schools Act, 20 USC 3351, consistent with the definition of the term “weapon” defined by 18 USC 921 including, but not limited to, any weapon, (including a starter gun) which will, or is designed to, or may readily be converted to, expel a projectile by action of an explosive; or any destructive device which includes any explosive, incendiary, or poison gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than l¼ ounce, or mine.

The following violations, although not required, are mandatory expulsions still permitted under state law at the sole discretion of the district:

1. Possession of A Dangerous Weapon on School Property – BB guns, pellet guns, and look- alike “toys,” razor blade, or any similar object.
2. Possession with Intent to Distribute Alcohol/Drugs – Selling, supplying, delivering, giving away, intending, or otherwise transferring to another person any regulated, controlled or unauthorized substances, including, but not limited to, alcoholic beverages, marijuana, intoxicants, drugs, “look-alike” substances that are misrepresented as drugs to another person, or imitation controlled substances.

Minimum Actions

1. Out-of-school suspension will be set at a minimum of 10 school days.
2. Police will be notified.
3. Recommendation for expulsion will be made.

LEVEL IV DISCIPLINE PROCEDURE

The following actions must be taken for all Level IV violations:

1. Conference to include student and administrator. Due process investigation completed.
2. Notification of police.
3. Contact between administrator and parent.
4. Suspension of student pending a hearing by the district.
5. The district will hear evidence at such hearing, and if the student is found to have committed any Level IV offense, s/he shall be permanently expelled, unless (in the case of a weapons offense). The district may still expel, even should one or more of the above conditions be met.
6. The district will refer the expelled individual to the Department of Social Services, Community Mental Health, and criminal justice agencies within three school days, and so notify parents, or the student if s/he is 18 years of age or is an emancipated minor; further, consistent with applicable federal and state laws, the district will refer the expelled individual to the local law enforcement agency and juvenile section of the probate court where appropriate.
7. Parents or legal guardians of students in grade 5 or below may petition for reinstatement after 60 school days, to take effect after 90 school days (provided the weapon is a firearm or a threat has been made with the dangerous weapon) or, may petition for reinstatement at anytime, to take effect after ten school days (when the weapon is not a firearm, and there has been no threat made with the dangerous weapon).
8. Parents or legal guardians of students in grade 6 or above may petition for reinstatement after 150 school days, to take effect after 180 school days.
9. The district may elect to operate a program for Level IV expulsion students. It must be in facilities, or at times, separate from those used for the general student population. The district may also advise parents or legal guardians, in advance, of possible parental actions which might lead to favorable action on a petition for reinstatement.
10. This policy does not diminish the due process rights of those eligible for special education programs and services.

PETITIONING FOR REINSTATEMENT

1. It is exclusively the responsibility of parents or legal guardians (or age of majority students) to petition for reinstatement.
2. Within 10 school days of receiving a written petition for reinstatement, the Board will appoint a review committee, consisting of two Board members, one school administrator, one teacher, and one parent from the district. The Superintendent may prepare and submit information regarding the circumstances of expulsion and any mitigating factors.
3. Within 10 more days from appointment of the review committee, the committee will review the petition, any supporting information, and will submit a recommendation to the Board of Education.
4. The recommendation will be for unconditional reinstatement, conditional reinstatement, or against reinstatement. It must be accompanied by an explanation for the recommendation and of any conditions for reinstatement, and be based on all of the following:
   • Potential risk of harm to students or staff,
   • Potential risk of district or individual liability,
   • Individual’s age and maturity,
   • Individual’s school record before the expulsion incident,
   • Individual’s attitude toward the expulsion incident,
   • Individual’s behavior since the expulsion and prospects for remediation, and
   • Degree of parental cooperation and support, including receptiveness to possible conditions.
5. The Board will make a decision regarding the recommendation at its next regularly scheduled meeting; its decision is final. The Board may require written agreement of parents (or age of majority individual) to specific conditions prior to reinstatement. Conditions may include, but are not limited to:
   • Behavior contract, which may include contract with an outside agency,
   • Anger management program or other counseling,
   • Periodic progress reviews, and
   • Specified immediate consequences for failure to abide by a condition.

A teacher who has good reason to believe a student’s conduct in a class, subject or activity constitutes a Level II or higher violation of this Student Code of Conduct may suspend the student from that class, subject or activity for up to 1 full school day. In such cases, the teacher must report the suspension and the reason for the suspension to the school’s principal, in writing, on the Teacher Imposed Student Suspension form (Form A, pg. 20) and send the student to the school principal or his or her designee for appropriate action. The teacher must also, as soon as possible but not later than the next school day, contact the student’s parent(s) or guardian(s) and invite them to attend a conference concerning the suspension during the teacher’s non-instructional time. If the parent(s) or guardian(s) so request, a building administrator will also attend the conference. Additionally, the teacher must invite a school counsel, school psychologist or school social worker to the conference, who shall attend whenever practicable. A student who has been suspended by a teacher under this provision of the Student Code of Conduct shall not be returned to the class, subject or activity from which he/she was suspended without the concurrence of the teacher and the school principal.

Teachers are not required to suspend students under this provision of the Student Code of Conduct and may, instead, refer the misconduct to building administration according to the building’s standard disciplinary process.

Procedure in Cases of Disciplinary Action or Suspension of Ten (10) School Days or Less

1. When an administrator determines to impose disciplinary action or a suspension of ten school days or less, the administrator will inform the student of the specific misconduct that is the basis for the disciplinary action/suspension.
2. The administrator will permit the student a reasonable opportunity to present any relevant information to the administrator who is issuing the disciplinary action/suspension.

Rebuttable Presumption - Consistent with Michigan law, the School District adopts a rebuttable presumption that students should not be disciplined by the imposition of long-term suspension (i.e., more than 10 school days) or expelled (i.e., 60 or more school days) unless the School District has determined, in its sole discretion, the presumption has been rebutted by considering each of the following seven factors:

• The student’s age;
• The student’s disciplinary history;
• Whether the student is disabled within the meaning of IDEA or ADA/Section 504;
• The seriousness of the student’s misconduct or behavior;
• Whether the student’s misconduct or behavior threatened the safety of any pupil or staff member;
• Whether restorative practices will be used to address the student’s misconduct or behavior; and
• Whether less severe discipline would properly address the student’s misconduct or behavior.

This rebuttable presumption does not apply to short-term suspensions (i.e., 10 school days or fewer) or to a student who possesses a firearm in a weapons free school zone.  However, with respect to all long-term suspensions and expulsions, the School District administrator implementing the discipline will consider and document consideration of the seven factors listed above.

Pre-Hearing

Recommendation for Long Term Suspension or Expulsion

Step One: (Investigation)

Building administrator investigates and decides that suspension for 11 or more days or expulsion is warranted. A packet is compiled, scanned and emailed to the Deputy Superintendent, which includes the written recommendation for long term suspension or expulsion.

Step Two: (Correspondence)

The student and parents receive written notification which includes the following information:

1. The charges against the student
2. The recommended disciplinary action (long-term suspension or expulsion)
3. The fact that a hearing will be held before the Deputy Superintendent
4. The procedures to be followed at the hearing
5. The right to representation at the hearing by an attorney

Step Three: (Scheduling the hearing)

Ideally, the long-term suspension/expulsion hearing should take place before the initial maximum 10 day suspension period is exhausted. However, if scheduling conflicts prohibit this to occur, the building administrator may decide whether the student's presence in school would present a danger to the student himself/herself, or to other students, school personnel or the educational process. In the case where it would present a danger or disruption, the student shall remain out of school pending the decision of the Deputy Superintendent of Schools. If the student would not present a danger or disruption as described above, the student may be returned to school pending the decision of the Deputy Superintendent. Schoolwork will be provided throughout all suspension periods or extended days out of school.

Hearing

A hearing before the Deputy Superintendent of Schools will be held for the purpose of determining the truth or falsity of the charges against the student and, if the charges are true, the principal’s recommended disciplinary action will be imposed. If the student and his/her parent(s) or guardian notify the district that they waive their right to a hearing before the Deputy Superintendent of Schools, the principal's recommended disciplinary action shall be imposed.

The Deputy Superintendent of Schools may amend the principal's recommendation based on evidence presented at the hearing. This amendment may include the imposition of a greater or lesser penalty than recommended by the principal.

Voluntary Agreements of Discipline

At any time during the disciplinary proceedings, the Deputy Superintendent may enter into a written contract with the student and his/her parent(s) or guardian, creating an agreement and settlement of the matters. In such cases, the written agreement shall be final and binding and may not be later challenged by the Deputy Superintendent or the student and his/her parent(s) or guardian.

Post-Hearing

The Deputy Superintendent of School's decision shall be given orally to the student and parent(s) or guardian within two (2) school days after the close of the hearing and a written decision shall be mailed not later than four (4) school days after the close of the hearing. These timelines, however, may be extended by the Deputy Superintendent due to extenuating circumstances. The Deputy Superintendent of School's decision shall be final and not subject to further appeal.

Suspension/Expulsion

In order to protect the health and safety of students and employees and to prevent threatened disruption to the education process, an otherwise eligible resident student may be suspended or expelled on the basis of:

1. A prior act of misconduct committed outside of school hours and/or off School premises when the student was not enrolled in the Walled Lake Schools;
2. A prior act constituting a gross misdemeanor, and other acts of misconduct, while the student was enrolled in another district.

If the act or gross misdemeanor or other misconduct would constitute a sufficient basis for suspension or expulsion had it occurred while the student was attending the Walled Lake Schools.

Due Process Procedure

Step One: Pre-hearing Recommendation for Suspension/Expulsion

The building administrator, with the consent of the Superintendent of Schools, or his/her designee, shall make the initial judgment if a student's prior misconduct is of sufficient gravity that the student's presence in school would represent a threat to the health and safety of other students and/or school personnel or threaten disruption to the educational process. If the initial judgment is that the student's presence in school represents such a threat, the student shall be temporarily suspended from school and the student and the parent(s) or guardian shall be notified of:

1. The prior act of misconduct relied upon by the building administrator which forms the basis for his/her decision to deny attendance;
2. The building administrator's recommendation regarding the suspension or expulsion of the student;
3. The fact that a hearing will be held before an impartial school employee (Deputy Superintendent of Schools);
4. Time, place, location and procedures to be followed at the hearing

The student and/or his/her parent(s) or guardian may waive their right to a hearing before the Deputy Superintendent of Schools or designee. In such cases, the principal's recommended disciplinary penalty of suspension or expulsion, as the case may be, shall be imposed.

Step Two: Hearing

If the due process hearing is not waived, the Deputy Superintendent of Schools shall convene a hearing for the purpose of determining if the student's prior act of misconduct is an act of gross misdemeanor or other misconduct which would constitute a sufficient basis for suspension or expulsion had it occurred while the student was attending the Walled Lake School District. If the prior act would be of sufficient basis, and the student's presence in school would represent a threat to the health and safety of other students and/or school personnel or threaten a disruption to the educational process, then the Deputy Superintendent of Schools shall decide the appropriate disciplinary penalty.

The Deputy Superintendent of Schools may amend the charges upon its own motion to conform to the evidence presented at the hearing. Additionally, the Deputy Superintendent of Schools may impose a greater or lesser penalty than that recommended by the building administrator. The Deputy Superintendent of Schools' decision shall be given orally to the student and parent(s) or guardian not later than two (2) business days after the close of the hearing. If possible, a written decision shall be mailed not later than four (4) business days after the close of the hearing. These timelines, however, may be extended by the Deputy Superintendent due to extenuating circumstances.

Administrative Procedures

The administration shall implement procedures to ensure, to the extent practical, that a student, upon enrollment, has not committed an act of gross misdemeanor, or other misconduct, prior to attending the Walled Lake Schools, which gross misdemeanor or misconduct would represent a threat to the health and safety of students and/or employees or threaten disruption to the educational process.

Disclosure of Information at Time of Enrollment

At the time of enrollment, a student, parent(s) or guardian shall not give false or incomplete information, or fail to disclose information, relative to a student's prior act of gross misdemeanor, or other misconduct. A violation will result in disciplinary proceedings being initiated against the student.

Right of Placement

The District maintains the Right of Assignment for all students.