The expulsion process is part of Board Policy 5144.1 (Suspension and Expulsion/Due Process). The intent of this summary of expulsion proceedings in no way meant to be a substitute for the detailed information parents will receive in Board Policy 5144.1 (Suspension and Expulsion/Due Process). Please click here to view the Expulsion Process.
Code of Student Conduct
Each school has developed a school-wide discipline plan consistent with policies in this handbook. A copy is provided to all students. Education Code 35291.5.
The Board of Trustees believes that one of the major functions of the public schools is the preparation of youth for responsible citizenship. The district shall foster a learning environment that reinforces the concepts of self-discipline and the acceptance of personal responsibility. In order to maintain an environment conducive to attaining the highest of quality of education in the district, their must exist certain disciplinary policies and regulations relating to student conduct which delineate acceptable behavior and provide the basis for sound disciplinary practices within each school in the district. (Education Code 35291.5) The schools shall not tolerate any comments or gestures that denigrate other on account of sex, race, color, religion, ancestry, national origin, handicap or disadvantage. Students shall be subject to disciplinary procedures for bullying other students or for using insults, slurs, or fighting words which may disrupt school activities. These policies and regulations will be enforced fairly and uniformly and consistently without regard to race, creed, color, sex, or physical or mental handicaps.
With the concurrence of the school principal, a student may transfer voluntarily to another school if space is available. A student who has voluntarily transferred to continuation school shall have the right to return to the comprehensive high school at the beginning of the following school year, or may return at any time with the consent of the superintendent’s designee
Students have a right to due process under the 14th Amendment to the United States Constitution. Due process for disciplinary actions, including suspensions, administrative transfers and expulsions, includes:
- If the charges are denied, an explanation of the evidence by school authorities
- The opportunity for the student to explain his/her position
- Written notice of the charges against the student
- The opportunity to be represented by an advocate
- The opportunity to question the person making charges and to present witnesses
- The opportunity to appeal the decision to a higher authority
The Pleasanton Unified School District has an excellent cooperative relationship with the Pleasanton Police Department. There is a bi-monthly meeting between the two agencies to share information for the safety of all students.
Sexual Harassment/ Student to Student
Complaints of sexual harassment shall be handled quickly, confidentially and as fairly as possible. Employees and pupils who file sexual harassment complaints shall not be retaliated against for making such a complaint.
- Forms of Sexual Harassment
Sexual harassment may occur as a pattern of degrading sexual speech or action ranging from verbal or physical annoyances or distractions to deliberate intimidations and frank threats or sexual demands. Forms of sexual harassment include, but are not limited to the following:
- Verbal harassment – Derogatory comments, jokes, or slurs; graphic verbal commentaries about an individual’s body/dress; sexually degrading words used to describe an individual;
- Physical harassment – Unnecessary or offensive touching, or impeding or blocking movement;
- Visual harassment – Derogatory or offensive posters, cards, cartoons, graffiti, drawings, or gestures; suggestive or obscene letters, notes or invitations;
- Sexual favors – Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature upon which is conditioned an academic or employment benefit, or which unreasonably interferes with an individual’s classroom or work performance or creates an offensive classroom or work environment;
- Reprisals – Making threatening reprisals after a negative response to sexual advances.
- Supervisors and principals are required to immediately report complaints of sexual harassment to either the Assistant Superintendent, Human Resources or to the Coordinator of Student Services. All employees are required to report any case of sexual harassment that they witness or that is brought to their attention by a complainant.
- Complaint Procedures
- Employees – Any employee who believes s/he is being sexually harassed should immediately notify his/her supervisor, principal and/or the Assistant Superintendent, Human Resources. Once a complaint of sexual harassment has been received, an investigator will be appointed by the Assistant Superintendent, and a complete and thorough investigation will be conducted immediately. The Assistant Superintendent will coordinate all investigations regarding a complaint of sexual harassment in situations involving adult perpetrators or victims.
- Students – Any student who believes s/he is being sexually harassed should immediately notify his/her teacher, counselor, or school administrator. Once a complaint of sexual harassment has been received, an investigator will be appointed by the Coordinator of Student Services, and a complete and thorough investigation will be conducted immediately. Student-to-student sexual harassment below grade four is handled as part of the school site discipline plan and is not reported to the Coordinator of Student Services.
The investigator shall inform the complainant and witnesses of their rights pursuant to the District policy, including the fact that the complainant and witnesses will not be retaliated against due to their participation in the filing of a complaint. The alleged harasser also will have this policy and his/her rights explained, at the earliest appropriate time, and shall be immediately informed that any retaliation against the complainant and/or witnesses is strictly prohibited, regardless of the accuracy of the complaint and/or statements. All investigations of complaints shall be handled promptly in a serious and sensitive manner, and in as confidential manner as possible. All district employees must cooperate in all investigations.Upon commencement of an investigation, the investigator may follow these procedures:
- Conduct interviews with: (1) the complainant; (2) the alleged harasser; and (3) any other persons who reasonably may have relevant knowledge concerning the complaint, such as witnesses and victims of similar conduct.
- Obtain and review any appropriate documentation.
- Review all factual information gathered through the investigation.
- Complete a written report on the results of the investigation if sexual harassment occurred. Reports of all substantiated complaints and findings shall be maintained at the District office in a confidential file.
- Provide a summary of the investigator’s report, to the extent legally permissible, to the complainant and the perpetrator.
- If appropriate, the investigator shall follow up with the employee or pupil who filed the complaint after a reasonable period of time to ensure that no further impermissible conduct has occurred.
- Action Regarding Complaint
- If the alleged harasser is found to have engaged in sexual harassment, appropriate disciplinary action, as determined by the Superintendent or his/her designee shall be taken by the district. The employee against whom the disciplinary action is to be taken is entitled to due process provided by law, Board policy and current employee agreements. Pupils against whom disciplinary action is to be taken shall be entitled to due process provided by law and Board policy.
- Appropriate action shall be taken whenever possible to alleviate the effects of the harassment.
- Appeal Process
If either the complainant or the alleged harasser is not satisfied with the findings contained in the investigator’s report, s/he may appeal. Each appeal should be in the form of a letter. For purposes of this regulation, work day is defined as the days in when the district office is open for business to the public.
- First Appeal – Within ten work days following the receipt of the investigator’s determination, the appeal is made with the appropriate District official: Assistant Superintendent, Human Resources for cases involving any adults and/or Coordinator of Pupil Services for cases involving students only. Upon a review of the case, the District official will respond in writing within ten work days.
- Second Appeal – Within ten work days following the receipt of the District’s written response, the appeal is made to the Superintendent if the complaining party is unsatisfied.
- Final Appeal – Within thirty work days following receipt of the Superintendent’s written response, the matter may be heard in a closed session of the Board of Trustees. The Board’s decision shall be the final decision of the District. Either party may be represented by a conferee or legal counsel when appearing before the Board.