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Series 5000

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STUDENT DISCIPLINE

BOARD POLICY 5060

It is the policy of the Governing Board of Tucson Unified School District that students need an environment that is safe and positive for learning. In establishing a positive school climate for learning, the District's approach to discipline is to encourage positive behavior. Disciplinary measures endeavor at all times to help a student adjust and to understand and change unacceptable conduct rather than punishing.

Discipline in the schools is indispensable to the provision and implementation of public education. To this end, the Arizona Legislature has charged each local school board with the "maintenance of public order upon all property under its jurisdiction which is used for educational purposes" (A.R.S. §§13-2911). Among the means granted the local school board to meet this public responsibility are the discipline, suspension or expulsion of students from any or all school activities (A.R.S. §§15-341, 15-342, and 15-843).

A Student Code of Conduct (entitled Guidelines For Student Rights And Responsibilities), describing this policy and the disciplinary procedures utilized by the District shall be made available to all students and their parent(s)/guardian(s) as required by A.R.S. §15-843.

The Student Code of Conduct is in force during regular school hours, while being transported on the school bus, and at times and places where appropriate school administrators have jurisdiction over students, including, but not necessarily limited to school-sponsored events, field trips, athletic functions, going to and from school and other activities. Additionally, the principal is authorized to take administrative action when a student's misconduct away from school has a detrimental effect on the other students or on the orderly educational process.

To ensure common fairness, a student whose conduct may warrant discipline, suspension or expulsion will be provided appropriate due process. Appropriate due process must include adequate notification and an opportunity for a fair hearing, its particular form depending upon the gravity of the situation (Goss v. Lopez, 95 S. Ct. 729, 1975). Unless an emergency condition exists, due process will be provided prior to the imposition of any disciplinary action. Due process procedures will be outlined in Administrative Regulations governing discipline, suspensions and expulsions. ALL DISTRICT PERSONNEL ADMINISTERING DISCIPLINE TO STUDENTS SHOULD ALWAYS FOLLOW DISCIPLINE PROCEDURES FOR STUDENTS WITH DISABILITIES WHEN DEALING WITH A STUDENT IN THE SPECIAL EDUCATION PROGRAMS.

1. Discipline Other Than Suspension or Expulsion
   Teachers and administrators are expected to seek and employ methods developing responsible student conduct which are alternatives to exclusionary discipline. Disciplinary actions other than suspension or expulsion shall be in accordance with the Guidelines for Student Rights and Responsibilities. Formal disciplinary action may include any or all of the following as described in the Student Code of Conduct:
   1. detention
   2. disciplinary probation including denying participation in extracurricular activities
   3. alternatives to suspension
   4. work assignments
   5. denial of bus privileges
   6. temporary removal from class
   7. failing a grade or class (for excessive absenteeism only)

   All of the above are considered in-class/school disciplinary action. Conduct in the following contexts may warrant in-class/school discipline:

   1. general disruptive conduct, including but not limited to excessive unexcused tardies, excessive unexcused absenteeism, as defined in the Student Code of Conduct, cheating, leaving campus without permission, excessive display of affection and/or other behavior which disrupts the orderly educational process
   2. use of profane, obscene or abusive language or materials
   3. smoking, use or possession of tobacco products as defined in the Student Code of Conduct
   4. defiance of authority
   5. disruption on a school bus
   6. reckless endangerment

   Repeated violations in the areas listed above, with the exception of excessive absenteeism and excessive unexcused tardies, may result in suspension when in-class/school discipline has previously been imposed. Out-of-school suspension solely for excessive absenteeism and excessive unexcused tardies shall not be imposed on any student in the District. Excessive absenteeism and excessive unexcused tardies shall result in in-class/school disciplinary measures described above and in Policy 5000, Attendance.

2. Suspension and Expulsion

   When a student's conduct seriously disrupts the educational process, threatens safety, interferes with the rights of others, or violates the law, Board-designated school officials have the authority to suspend the student from school in order to enforce acceptable standards of conduct. The Superintendent, Deputy Superintendent, Regional Assistant Superintendents, Principals and Assistant Principals are authorized to suspend students. An employee designated to act on behalf of the Principal during the Principal's absence is authorized to suspend students for not more than three school days. Only the Governing Board may expel a student.

   The Board recognizes three status's, not necessarily mutually discrete, to which a student excluded from school may be assigned:

   1. A student may be placed under Short-Term Suspension for a period of a fraction of one (1) school day to ten (10) school days duration.
   2. A student may be placed under Long-Term Suspension for a period which shall not be of unreasonable duration and not to exceed the mandatory number of school days required under State law for a school year. Long-Term Suspensions of more than sixty (60) days shall not be imposed except for violations which would otherwise result in expulsion.
   3. A student may be expelled by the Board from all District schools and educational services for a period of time as designated by the Board. The Board may establish a date after which the expelled student may petition for reinstatement.
   4. Students who are found to have possessed or used a firearm shall be expelled for not less than one calendar year (including any period of concurrent suspension for the same offense), unless the Board, on a case-by-case basis, shortens the term of expulsion or provides (in the Board's sole discretion) for an alternative program removed from the location and/or program attended when the violation occurred.
3. Circumstances Which May Result in Suspension or Expulsion

   Students enrolled in schools of the Tucson Unified School District may be held accountable and thus suspended or expelled for their behavior by school officials in any of these contexts:

   1. at any time while under the control or supervision of school personnel
   2. at any time, whether or not under the control or supervision of school personnel, for acts threatening school personnel or their property
   3. at any time, for acts committed upon school property
   4. in any other context wherein the District may lawfully assert jurisdiction to discipline a student, including a student going to or from school

   Improper student conduct in the following contexts warrants an automatic suspension of a minimum of a fraction of one (1) day to ten (10) days duration for K-12 students. In appropriate circumstances, suspension may be for a longer period:

   1. destruction or abuse of private or school property
   2. illegal possession or use of drugs (including alcohol)
   3. illegal sale or distribution of drugs (including alcohol, tobacco)
   4. physical abuse, assault, or threat of any person (assault, aggravated assault, extortion, etc.)
   5. possession, concealment, or use of weapons or explosives
   6. bomb threat or setting off false alarm
   7. arson
   8. unauthorized or forceful entry to school grounds or buildings
   9. theft of school or private property
   10. inappropriate sexual behavior (defined in A.R.S. §§13-1401.1., 2., and 3., 13-1402 or 13-1403. Age and consent are not defenses); also sexual harassment and offenses against chastity, common decency, or morals

   The following conduct also requires firm discipline and may warrant a suspension of from a fraction of one (1) day to ten (10) days. In appropriate circumstances, suspension may be for a longer period, or expulsion may be imposed:

   1. repeated defiance of authority (refusal to obey school rules, school personnel, law enforcement authorities)
   2. repeated interference with the learning process (disruptive behavior)
   3. any other conduct which is a tortious, criminal or delinquent act pursuant to the laws of the State of Arizona or of the United States (including, but not limited to, attempts to commit one of the 10 acts above, gambling, bribery, fraud, etc.)

   The above provisions are adopted in conjunction with Board Policies 1350 and 5300.

   In cases of a student who is found to be in possession of a firearm or destructive device, as defined in 18 United States Code § 921, a mandatory expulsion or suspension for not less than one year shall be imposed by the Board, unless the Board finds, on a case by case basis, that an exception should be granted. All such cases shall be referred to the Board for consideration of expulsion.

4. The Hearing Process

   The accompanying Administrative Regulations and Guidelines For Student Rights And Responsibilities will govern interpretation of this policy and students are held accountable for their conduct as stated therein and in this policy.

   The hearing shall be conducted before a school official, a Hearing Officer designated by the Board, or the Board in an impartial manner.

   In any suspension or expulsion hearing in which the issue of self defense, defense of others, or defense of property is raised by the student, the school official, Hearing Officer, or the Governing Board hearing the matter shall consider the defense raised and whether the physical force threatened or used by the student was justified as being the action of a reasonable person of similar age and experience under the factual circumstances in evidence. The school official, Hearing Officer, or Governing Board shall consider the following in reviewing a claim of self defense:

   1. A.R.S. §§13-404, 13-405, 13-406, and 13-408
   2. Verbal provocation alone does not justify the use of physical force.
   3. Students are prohibited from the possession, use or threatened use of a weapon at any time when within the school's jurisdiction.
   4. Excessive physical force or deadly physical force may never be used in defense of property such as preventing theft or criminal damage to property.

   If the school official, Hearing Officer or Governing Board determines that the student acted in self defense, defense of others, or defense of property in whole or in part, the school official or Governing Board may reduce the recommended discipline or determine that no discipline shall be imposed.

   A record shall be made of the hearing in accordance with Administrative Regulations. In Long-Term Suspension hearings, the transcribed record and all pertinent documents shall be the record reviewed on appeal.

5. Restrictions and Conduct While Suspended

   The student is to remain away from all District schools and activities while suspended.

   Teachers of a suspended student shall make their homework and class assignments available at a designated location. It shall be the student's responsibility to make arrangements to obtain such assignments and homework and to have completed assignments returned to the school for grading and credit. Students on suspension who successfully complete such assignments shall be allowed a reasonable time to take makeup tests upon returning to school.

6. Appeals of Suspensions
   1. Short-Term Suspension

      The school official shall make arrangements to schedule a parental conference as soon as practicable after the imposition of a Short-Term Suspension. The purpose of the parental conference is to reach a satisfactory and workable solution to the problem the student is experiencing. A student or parent(s)/guardian(s) disagreeing with the decision to suspend may request a review of the school official's decision by the school official's immediate supervisor. Such request shall be made within three school days following the imposition of the suspension. The supervisor shall consider only the following grounds in reviewing the decision:

      1. alleged denial of a right available to the student that resulted in an unfair hearing
      2. new evidence
      3. allegation of insufficient evidence
      4. allegation of excessive punishment

      The supervisory administrator may affirm the decision or reduce the discipline imposed. The decision of the supervisor, upon review of the decision and the relevant facts available to him or her, is final.

   2. Long-Term Suspension

      A Long-Term Suspension decision may be appealed to the Regional Assistant Superintendent or designee in accordance with Administrative Regulations. A second level appeal shall be available in accordance with Board procedure as set forth in this policy.

7. Board Procedure
   1. Short-Term Suspension

      In all cases of suspension for a fraction of one (1) school day to ten (10) school days, it shall be reported within three days to the Governing Board.

   2. Long-Term Suspension

      In all cases of suspension for more than ten days, if the student has filed an initial appeal and the administrator reviewing the appeal has sustained the decision to suspend, the student may finally appeal the decision to suspend to the Governing Board by filing a written request to appeal with the Governing Board within five days after receiving the decision of the administrator hearing the appeal. The basis of the appeal is limited to the reasons stated in the Administrative Rules and Regulations. If the suspension does not include a recommendation for expulsion, the Board, in executive session, shall review the appeal at the next scheduled Board meeting after the second level appeal is received. If the suspension includes a recommendation for expulsion, the Board, in executive session, shall review the appeal at the time that the Board makes a determination whether to hold an expulsion hearing or designate a Hearing Officer to hold a hearing. The Board shall review the record of the hearing, shall hear no new evidence and shall render its decision in accordance with the Administrative Rules and Regulations adopted pertaining to this policy.

   3. Expulsion

      Expulsion is the permanent exclusion of a student from school and school activities, unless the Governing Board reinstates the student’s privileges to attend school.

      Step 1: Each recommendation for expulsion shall be delivered to the Superintendent.

      Step 2: If the Superintendent concurs with the recommendation, it shall be forwarded to the Governing Board.

      Step 3: In each case in which a principal's recommendation for expulsion receives the concurrence of the Superintendent, the Board shall meet in executive session:

      • To determine whether the hearing will be held before the Governing Board or before a hearing officer;
      • To designate one or more Hearing Officers to hold a hearing to hear the evidence, prepare a record and bring a recommendation to the Board for action; and
      • If the hearing will be conducted by the Governing Board, to determine whether the hearing shall be held in executive session. Under normal circumstances, the Board will not review any documents or other pertinent evidence during this initial executive session or at any other time prior to the commencement of the expulsion hearing.

      Step 4: The expulsion hearing should be scheduled so that it may be resolved during the period of suspension. If this is not possible, the student shall be reinstated in school pending the hearing.

      Step 5: Written notice of the hearing must be sent by the Governing Board or the Hearing Officer(s) designated by the Governing Board by certified mail with return receipt requested or delivered by hand to the student and parent(s)/guardian(s) at least five (5) working days before the date scheduled for the hearing. The notice shall include:

      • If a Hearing Officer(s) has been appointed, a statement as to who will be the Hearing Officer(s) and how the Hearing Officer(s) may be contacted, or a statement that the Governing Board will preside at the hearing;
      • A definition of expulsion;
      • A statement of the charges and a description of the standards of student conduct allegedly violated;
      • Information describing the due process available to students in the Tucson Unified School District;
      • Copies of all materials provided to the Board or the Hearing Officer; and
      • The time and place of the hearing.

      The student, parent(s) and/or guardian(s) shall also be informed of the following in the written notice:

      • The right to have access to all adverse evidence which may be presented, as well as access to the student’s record prior to the Hearing;
      • The right to attend the Hearing and/or have legal counsel or a representative attend any Executive Session pertaining to the proposed disciplinary action or to have access to the minutes and testimony of such session or to record such a session at the parent’s or guardian’s expense;
      • The right to be represented by counsel;
      • The right to confront and cross-examine all witnesses who testify;
      • The right to examine and rebut documentary evidence presented;
      • The right to present witnesses and submit documentary evidence on behalf of the student. It is the sole and complete responsibility of the parent(s)/guardian(s) to arrange for and secure any witnesses and documentary evidence presented on behalf of the student;
      • That the Administration has the burden of providing evidence in support of the charges;
      • If the hearing is held before a Hearing Officer(s), the hearing will be conducted in private with the attendance of only the Hearing Officer(s), administrative representatives, the student and parent(s)/guardian(s), counsel for the parties, and witnesses necessary to the proceedings, unless the parent(s), guardian(s) or emancipated student requests in writing that the hearing be open to public attendance;
      • If the hearing is held before the Governing Board, the Board will conduct the hearing in executive (closed) session with the attendance of only the administrative representatives, the student and parent(s)/guardian(s), counsel for the parties, and witnesses necessary to the proceedings, unless the parent(s), guardian(s) or emancipated student objects to the decision to have the hearing held in executive session. Such objection must be made in writing to the Board at least two (2) school days prior to the date scheduled for the hearing.

      Step 6: A formal hearing will be held:

      When a parent or legal guardian has disagreed that the hearing should be held in executive session, it shall be held in an open meeting unless a disagreement exists between the student’s parents or legal guardians. In that event, the Board, after consultation with the student’s parents or legal guardians, shall decide in executive session whether the hearing will be in executive session.

      Within the limitation that the hearing should be conducted during the period of suspension, the Superintendent or designee may reschedule an expulsion hearing if the student, parent(s)/guardian(s), or proper administrator submits a request showing good cause to the Superintendent or his designee at least two (2) school days prior to the date of the hearing as originally scheduled. The Board may reschedule and waive the five-day requirement for good cause provided the student and parent(s)/guardian(s) receive a minimum 24 hour advance notice.

      The expulsion hearing will be conducted by the Hearing Officer or the Board in accordance with Arizona law. Formal rules of evidence are not binding upon the Hearing Officer's or Board's conduct of the hearing.

      Before the expulsion hearing, the student will be entitled to:

      1. access to any and all adverse evidence which may be presented, as well as access to the student's own records; and,
      2. representation by the parent(s), legal guardian(s), legal counsel, or someone else designated in writing by the parent(s) or guardian(s).

      During the expulsion hearing, the student will be entitled to:

      1. the opportunity to question any and all adverse evidence and witnesses;
      2. the opportunity to present favorable evidence and witnesses;
      3. exemption from any requirements to give evidence against himself or herself; and,
      4. representation by the parent(s), legal guardian(s), legal counsel, or someone else designated in writing by the parent(s) or guardian(s).

      Step 7: The decision and appeal procedure, if applicable, upon the conclusion of the hearing will be as follows:

      Governing Board Conducted

      If an expulsion hearing is held by the Board, the Board will take action and render its decision at the conclusion of the hearing, and shall cause immediate notice of the decision to be sent by certified mail (return receipt requested), or by hand delivery, to the student and parent(s)/guardian(s). The Board's decision shall be final and shall be effective immediately.

      Hearing Officer Conducted

      Where the hearing is before a Hearing Officer, the Hearing Officer shall determine by a preponderance of the evidence whether a violation of the Student Code of Conduct has been committed, prepare a report and make a recommendation to the Governing Board as to whether the student should be expelled. The recommendation to the Board by the Hearing Officer may contain recommendations related to readmission of the student and any conditions that the Hearing Officer feels would be appropriate for the student to meet prior to being considered for readmission.

      Within five (5) working days following the conclusion of the hearing, the Hearing Officer will notify the school administration and the student and parent(s)/guardian(s) of his or her recommendation and the right of the student to appeal the recommendation to the Board, if a recommendation of expulsion is made. The notice shall be sent by certified mail (return receipt requested), or by hand delivery to the student and parent(s)/guardian(s) and shall include the following information:

      • The time and place of Board meeting at which the recommendation will be considered.
      • That the appeal of the recommendation of expulsion must be in writing and shall be delivered to the Governing Board Office within five (5) working days after receipt of the Hearing Officer’s recommendation.
      • That the Board may accept, modify or reject the recommendation and impose a different disciplinary action including, but not limited to, assignment to an educational placement selected by the Board, Superintendent or designated representative. If the Board decides to expel the student the expulsion shall become effective immediately. The decision of the Board is final.
      • That the meeting before the Board will be held in an Executive Session (closed) with the attendance of only the administrative representatives, the student and parent(s)/guardian(s), and counsel for the parties, unless the parent(s), guardian(s) or emancipated student objects to the decision to have the hearing held in Executive Session. Such objection must be made in writing to the Board at least two (2) school days prior to the date scheduled for the meeting.

      The student shall have five (5) working days after receiving the Hearing Officer's recommendation to appeal in writing the recommendation of the Hearing Officer to the Governing Board. If no written appeal is received by the office of Governing Board, TUSD, 1010 E. 10th Street, Tucson, Arizona 85719 within the five-day period, the report and recommendation of the hearing officer will be scheduled for action by the Board at the next regularly scheduled meeting.

      After considering the report and recommendation of the Hearing Officer, the Board will take action and announce its decision in Executive Session (or open meeting if requested) and shall cause immediate notice of the decision to be sent by certified mail (return receipt requested), or by hand delivery to the student and parent(s)/guardian(s). In making its decision, the Board may accept, modify or reject the recommendation of the Hearing Officer and impose a different disciplinary action including, but not limited to, assignment to an educational placement selected by the Board, Superintendent or designated representative. The Board's decision shall be final and shall be effective immediately.

      If an appeal hearing is requested by a student, the Board shall schedule an appeal hearing which shall be held in Executive Session, unless the person responsible for the student requests that the hearing be held in an open meeting. Written notice of the appeal hearing must be sent to the student and parent(s)/guardian(s) five (5) working days before the date scheduled for the hearing. The notice shall include: (1) the date, time and place of the hearing; (2) copies of all materials provided to the Board including the report and recommendation of the Hearing Officer. The notice shall be sent by certified mail (return receipt requested), or by hand delivery to the student and parent(s)/guardian(s).

      At the appeal hearing the Hearing Officer shall present his/her report and recommendation to the Board. The Board shall also allow the parent(s)/guardian(s) to comment on the report and recommendation. The Governing Board may, but need not, permit testimony of witnesses or the introduction of other evidence.

      Upon conclusion of the appeal hearing the Board shall decide whether to accept, modify or reverse the recommendation of the Hearing Officer. The Board will take action and announce its decision in Executive Session (or open meeting if requested), and shall cause immediate notice of the decision to be sent by certified mail (return receipt requested), or by hand delivery to the student and parent(s)/guardian(s). The Board's decision shall be final and shall be effective immediately.

   4. Readmission

      A student expelled from Tucson Unified School District Number One schools and activities may apply for readmission through the Superintendent or designee to the Board. It is the prerogative of the Board to stipulate appropriate conditions for readmission.

      As part of its decision to expel, the Board reserves the right to permit the student to apply for readmission after any period of time it may set.

      The application for readmission shall contain facts and evidence indicating resolution of the problem which caused the expulsion. Any supporting statements from persons other than the parent(s)/guardian(s) or student should be included with the application. The Board or designee shall consider each application individually and make an independent determination of whether or not the request will be granted.

      The Board or designee may order a hearing to be held on any application for readmission to school. Such hearing shall follow procedures the same as those of the expulsion hearing, except the student shall have the burden of establishing the resolution of the student's particular difficulties. Readmission may occur only when the student may earn credit for courses attended.

      The Board or designee may establish further conditions within the readmission process with which the student must comply prior to his/her admission to the instructional program.

Adopted: August 16, 1960
Revised: October 21, 1969
Revised: January 19, 1971
Revised: December 17, 1974
Revised: March 21, 1978
Revised: August 29, 1978
Revised: October 17, 1978
Revised: August 16, 1983
Revised: April 8, 1986
Revised: September 15, 1987
Revised: November 22, 1988
Revised: July 11, 1989
Revised: July 9, 1991
Revised: June 9, 1992
Revised: October 5, 1992
Revised: May 25, 1999
Revised: January 14, 2003

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