Discipline Policies

Searches

OSSD BOT Policy JCDA - School Searches

The right of inspection of a student's school desk and/or assigned area is inherent in the authority granted to school boards and administrators and should be exercised to assure that the school will exercise every safeguard to protect the well-being of all students. In an attempt to protect students from exposure to illegal drugs and dangerous materials, school property is subject to searches by the administration where there is reasonable suspicion to believe that illegal drugs or dangerous materials are present. If the principal or her designee has reasonable suspicion to believe that a student has illegal substances and/or dangerous items or weapons in his/her desk, book bag, backpack, purse, or on his/her person or his/her property, the principal or her designee has the authority to make a search of the appropriate object in order to discover the presence of any contraband.

When a search, based on reasonable suspicion, is conducted, the administrator shall record the reason(s) for believing a search is justified. The search should, when possible, be conducted in front of an adult witness, and both the witness and searcher should briefly record, in writing, what was: (a) said, (b) done, (c) found, and (d) at what time the search took place.

While it is not necessary, the student's consent to the "reasonable suspicion" search is obtained, if possible, and the search is conducted in the presence of the student. In the event that illegal drugs or dangerous materials are present, the parents of the student, the police, and the superintendent shall be immediately notified. See OSSD BOT Policy JCDA - School Searches.

Possession and/or Use of Tobacco

POSSESSION AND/OR USE OF TOBACCO

OSSD BOT Policy JCDAA - Use of Tobacco and Smoking Devices

The possession (either actual or constructive) and/or use of tobacco in any form or is not permitted on the campus nor in the buildings of OSSD; nor at any school-sponsored activity or function; nor during any school-related activity; nor on a school bus or school-sponsored transportation; nor during travel to and from school-sponsored events, activities, events, and ceremonies. See OSSD BOT Policy JCDAA - Use of Tobacco and Smoking Devices.

All pupils shall be held accountable for any cigars, cigarettes, chewing tobacco, skoal, or any other form of tobacco which may be located in any vehicle, book bag, locker, or any other personal property of the pupil and for which the pupil is aware of or should have been aware of. The extent of the pupil’s awareness of the presence of any cigars, cigarettes, chewing tobacco, skoal, or any other form of tobacco shall be determined by school administration and shall be determined by considering all circumstances.

In cases in which the school administration determines that the student should have been aware of the presence of cigars, cigarettes, chewing tobacco, skoal, or any other form of tobacco by conducting a reasonable inspection of their vehicles, book bags, and other personal property, the student shall be subject to disciplinary action according to the student handbook and policies of OSSD. The superintendent or designee shall develop procedures to support this policy.

1st Offense: the student shall receive three (3) days ISI-In School Suspension or one (1) day of Out of School Suspension (OSS).
2nd Offense: the student shall receive three (3) days of Off-Campus Suspension (OCS).
3rd Offense: the student shall receive five (5) days to ten (10) days of OCS and may be recommended for expulsion.

Any disciplinary action in accordance herewith shall be subject to the requirements of Part B of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act.

If a student is seen with tobacco products, school authorities will confiscate them and turn them over to the OSSD Police Department. Tobacco products will not be returned to parents/guardians.

Possession, Use, or Sale of Vape/Vape Products

POSSESSION, USE, OR SALE OF VAPE/VAPE PRODUCTS

OSSD BOT Policies: GBRMB, JCDAH, & JCDAA

OSSD BOT Policies GBRMB - Vaping Policy, JCDAH - Student Vaping Policy, and JCDAA - Use of Tobacco and Smoking Devices, recognize that the use of electronic cigarettes and other vaping devices, or any tobacco products, is detrimental to the health and safety of students, staff, and visitors and is therefore prohibited at all times.

This policy applies to all students, school staff, parents, and any visitors while on school grounds, in school buildings and facilities, on any school bus, on school property, or at school-related activities or school-sponsored events which includes, but is not limited to, athletic events.

1st Offense: the student shall receive three (3) days of Out of School Suspension (OSS), complete an educational training designated by administration, and engage in class instruction virtually. Certification of program completion will be submitted to administration.
2nd Offense: the student shall receive five (5) days of OSS and engage in class instruction virtually.
3rd Offense: the student shall receive nine (9) days of OSS, engage in class instruction virtually, and shall be recommended for expulsion.

All pupils shall be held accountable for any E-cigarettes, vape, or any other form of E-cigarette/vaping products or E-cigarette/vaping paraphernalia which may be located in any vehicle, book bag, locker, or any other personal property of the pupil and for which the pupil is aware of or should have been aware of. The extent of the pupil’s awareness of the presence of any E-cigarettes, vape, or any other form of E-cigarette/vaping products or E-cigarette/vaping paraphernalia shall be determined by school administration and shall be determined by considering all circumstances.

In cases in which the school administration determines that the student should have been aware of the presence of any E-cigarettes, vape, or any other form of E-cigarette/vaping products or E-cigarette/vaping paraphernalia by conducting a reasonable inspection of their vehicles, book bags, and other personal property, the student shall be suspended in accordance with subparagraphs A-C above.

Any student who is found to be distributing or selling any E-cigarettes, vape, or any other form of E-cigarette/vaping products or E-cigarette/vaping paraphernalia while in school, on campus, on school grounds, upon school buses, on the road to and from school or during participation in or attendance at or travel to and from school-sponsored events, activities, events, and ceremonies shall be subject to the following disciplinary action:

1st Offense: the student shall receive five (5) days of OSS.
2nd Offense: the student shall receive nine (9) days of OSS and shall be recommended for expulsion.

Any disciplinary action in accordance herewith shall be subject to the requirements of Part B of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act.

Use, Influence, and Possession of Drugs and Alcohol

USE, INFLUENCE, AND POSSESSION OF DRUGS AND ALCOHOL

OSSD BOT JCDACA - Conduct Alcohol, JCDACB - Conduct Drugs)

School administration will cooperate with the local, state, and federal agencies in the detection, prevention, and prosecution of any and all possible violations. Unannounced visits and inspections by law enforcement officers and agencies for the detection of drugs and alcohol on school property are approved by the OSSD BOT. See OSSD BOT Policies JCDACA - Conduct: Alcohol and JCDACB - Conduct: Drugs.

Any student found to be in possession, under the influence, distributing, or selling alcoholic beverages or illegal controlled and/or illegal prescription drugs shall be suspended out-of-school for up to ten (10) days and the principal may recommend the student for expulsion and charges may be filed with the local law enforcement agency.

NOTE: The principal with superintendent/designee approval shall suspend the student (OSS: Out-of-School Suspension) for ten (10) days and shall recommend the student for expulsion.

Drug Testing Programs

DRUG TESTING PROGRAMS

OSSD BOT Policy JCDAC - Drugs & Alcohol Possession or Reasonable Suspicion

The OSSD BOT has developed policies and procedures concerning reasonable suspicion and random drug testing. For further information, see OSSD BOT Policies JCDAC - Drugs & Alcohol (Possession or Reasonable Suspicion) and JCDAB - Student Drug Testing Program Extracurricular Activities.

Vandalism/Destruction of Property

VANDALISM/DESTRUCTION OF PROPERTY

OSSD BOT Policy JCBD - Vandalism/Destruction of Property

It is the intent of OSSD to provide a clean, safe, and orderly environment for the students, teachers, administrators, and others in an order that conditions conducive to learning may be present at all times. As outlined in OSSD BOT Policy JCBD - Vandalism/Destruction of Property, any student who destroys or damages school property or the property of another student, teacher, administrator, or any employee of OSSD shall be suspended and/or expelled in accordance with law and other policies of the OSSD BOT.

The parent, guardian, or custodians of a compulsory school-aged child enrolled in OSSD shall be financially responsible for the student’s destructive acts against school property as defined by policy, and OSSD is authorized to institute legal proceedings against the parents, guardians, or custodians of the student in an effort to recover damages in an amount not to exceed $20,000 plus necessary court costs in an effort to recover damages caused by the willful and malicious destruction of property.

Fighting

FIGHTING

OSSD BOT Policy JDAB – Fighting: Disciplinary Action

Physical violence or fighting will not be tolerated either on the school grounds, on buses, or at any school activity. Any physical struggle that includes an act of violence by one (1) participant toward another will result in immediate disciplinary action.

In the event there is an exchange of physical violence between two (2) or more participants, all participating will receive disciplinary action.

OSSD BOT Policy JDAB - Fighting: Disciplinary Action recognizes the fundamental right of every student to take "reasonable actions" as may be necessary to defend himself or herself from an attack by another student who has evidenced menacing or threatening behavior through bullying or harassment. Furthermore, OSSD defines "reasonable action" as promptly reporting the behavior to a teacher, principal, counselor, or other school employee when subjected to bullying or harassing behavior.

The disciplinary action for fighting or physical violence, with the exception of the use of dangerous or destructive weapons, will be an automatic suspension of the student(s) involved for (5) days. The school principal will determine, based on the circumstances of the individual case, whether the disciplinary action will be out-of-school suspension or off-campus suspension. If the administration determines that a fight poses a serious danger to the students involved or to the well-being of the campus, participating parties will be suspended for up to nine (9) days and may be referred for expulsion to E.H. Keys Alternative Education Center. This policy is separate and distinct from the policy regarding possession and/or use of weapons by students.

At the principal's discretion, the police department may be called and charges filed against violent students to ensure the safety of the campus. Also, any student that instigates, encourages, or videotapes a fight will be subject to disciplinary action.

Student Restraint

STUDENT RESTRAINT

OSSD BOT Policy JCBA - Student Restraint & Seclusion

The OSSD BOT recognizes that staff may be called upon to intercede in situations wherein students may be displaying physically violent behavior MS Code § 37-9-69 and 37-11-57. The use of seclusion, excessive force, or cruel and unusual punishment is prohibited. For more information, see OSSD BOT Policy JCBA - Student Restraint & Seclusion.

Possession and/or Use of Weapons

POSSESSION AND/OR USE OF WEAPONS

OSSD BOT Policy JCDAE - Weapons

No student shall have in his/her possession a knife, gun, or other objects that could inflict harm to persons, the building, or equipment. If found guilty, after due process, violation of this policy shall result in suspension of a student. The principal shall suspend the student for a period of up to 10 days and shall recommend the student for expulsion. See OSSD BOT Policy JCDAE - Weapons.

Student Bullying

STUDENT BULLYING

OSSD BOT Policy JDDA - Bullying

STUDENT COMPLAINTS OF BULLYING OR HARASSING BEHAVIOR

In accordance with MS Code §37-11-67, OSSD BOT Policy JDDA - Bullying, OSSD shall enforce anti-bullying behaviors. Students and employees in OSSD are protected from bullying or harassing behavior by other students or employees. It is the intent of the BOT and administration to maintain an environment free from bullying and harassing behavior. OSSD BOT Policy JDDA provides a complaint procedure and a process for filing, processing, and resolving complaints of such conduct. Adherence to these procedures is mandatory. The failure of any person to follow these procedures will constitute a waiver of the right to pursue a complaint at any level, including review by the BOT.

Bullying Definitions:

“Bullying or harassing behavior” is any pattern of gestures or written, electronic or verbal communications, or any physical act or any threatening communication, or any act reasonably perceived as being motivated by any actual or perceived differentiating characteristic that (a) places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property, or (b) creates or is certain to create a hostile environment by substantially interfering with or impairing a student's educational performance, opportunities or benefits.

A "hostile environment" means that the victim subjectively views the conduct as bullying or harassing behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior.

The above conduct constitutes bullying if that conduct interferes with a student’s education or substantially disrupts the operation of a school MS Code § 37-11-67.

Bullying or harassing behavior will not be condoned or tolerated when it takes place on school property, at any school-sponsored function, on a school bus, or when it takes place off school property when such conduct, in the determination of the school superintendent or principal, renders the offending person’s presence in the classroom a disruption to the educational environment of the school or a detriment to the best interest and welfare of the pupils and teacher of such class as a whole. See Mahanoy Area School District v. B.L., 141 S.Ct.2038 (2021).

OSSD encourages anyone who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior to report the incident to the appropriate school official. Retaliation or reprisal against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying or harassing behavior, is prohibited. MS Code § 37-11-67

OSSD discipline policies and procedures recognize the fundamental right of every student to take “reasonable actions” as may be necessary to defend himself or herself from an attack by another student who has evidenced menacing or threatening behavior through bullying or harassment. Furthermore, OSSD defines “reasonable action” as promptly reporting the behavior to a teacher, principal, counselor, or other school employee when subjected to bullying or harassing behavior.

The complaint procedure and anonymous bullying reporting form may be accessed by visiting the district website at ossdms.org.

Sexual Harassment

SEXUAL HARASSMENT

OSSD BOT Policy GBR - Sexual Harassment, JB - Student Complaints of Sexual Discrimination Harassment - Title IX

Employees and students in OSSD are protected from sexual discrimination, including sexual harassment, by Title IX of the Education Amendment of 1972 to the Civil Rights Act. It is the intent of the OSSD BOT to maintain an environment free from sexual harassment of any kind. Therefore, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature amounting to or constituting harassment are prohibited.

Each employee in OSSD is a mandatory reporter of child abuse. OSSD will respond whenever any employee has notice of sexual harassment, including allegations of sexual harassment. OSSD has a Title IX Coordinator designated to handle any complaints regarding Title IX issues. The Title IX Coordinator will be contacted and will ensure reasonable prompt timeframes are met for the completion of the grievance process. This includes filing and resolving appeals while accounting for delays such as law enforcement involvement, absence of a witness, party, etc. with written notice to both parties explaining the reasons for the delay.

To report potential sexual harassment, please provide notice to any OSSD employee or administration. To file a formal complaint, please complete the Sexual Harassment Form and submit it to your designated campus administration or Title IX Coordinator.

OSSD BOT Policies on Sexual Harassment:

Inquiries regarding compliance with Title IX may be directed to:
Joey Lee
Director of Human Resources / Title IX Coordinator
Phone: (228) 875-7707
Email: jlee@ossdms.org