Expulsion

It is the intention of Durango School District 9-R that the district's schools help students develop individual knowledge, skills, and competence and that students learn how to be responsible and contributing members of society. Effective student discipline is a prerequisite for sound educational practice and productive learning. The objectives of disciplining any student also include helping the student to develop a positive attitude toward self-discipline and behavior.

The Administrator of Support Services is the Expulsion Hearing Officer.

The following are reasons a student may be suspended or explled from school. See the district's Student Conduct and Discipline Code for all procedures associated with suspension or expulsion.

4.0 Conduct Warranting Suspension or Expulsion
4.1 The school district may suspend or expel a student who engages in one or more of the following specific activities while in school buildings, on or off school grounds, in school vehicles or during a school-sponsored activity or where the conduct may adversely impact the district, its students, staff, or educational program. Suspension or expulsion is mandatory for serious violations in a school building or on school property or as otherwise provided by statute. The following enumeration is illustrative and not exclusive. In the event of any inconsistency between applicable law and these procedures, the applicable law will govern.

4.1.1 Willful destruction or defacing of school or private property, or causing or attempting to cause damage to school property or private property.

4.1.2 Stealing or attempting to steal school property or private property.

4.1.3 Causing or attempting to cause physical injury to another person except in self-defense.

4.1.4 Commission of any act which if committed by an adult would be robbery or assault as defined by state law. Expulsion is mandatory for such acts.

4.1.5 Violation of criminal law.

4.1.6 Violation of school district or building regulations, policies, or procedures.

4.1.7 Violation of the school district's policy and procedures on weapons. Expulsion is mandatory, except as provided by law, for carrying, bringing, using, or possessing a weapon without the authorization of the school or school district.

4.1.8 Violation of the school district's alcohol use/drug abuse policy. Expulsion is mandatory for the sale of drugs or controlled substances.

4.1.9 Engaging in sexual harassment.

4.1.10 Violation of the school district's gang policy and/or procedure.

4.1.11 Throwing objects during supervised school activities that can cause bodily injury or damage property.

4.1.12 Directing profanity, vulgar language, or obscene gestures toward other students, school personnel, or visitors to the school.

4.1.13 Engaging in verbal abuse, i.e., name calling, ethnic or racial slurs, or derogatory statements addressed to others.

4.1.14 Violations of the Computer Use Agreement.

4.2 A student who signs a statement concerning an act committed by the student that results in mandatory expulsion must sign the statement in the presence of the student's parent and/or guardian, if the statement is used as evidence in the expulsion hearing.

4.2.1 A statement signed by a student without the presence of a parent or guardian may be used in an expulsion hearing, if the district made a reasonable attempt to contact the parent or guardian by calling each of the phone numbers that the parent or guardian provided to the school and all phone numbers the student provides to the school for the parent or guardian.

4.2.2 A student's parent or guardian may waive the requirement that they be present when a student signs a statement or admission. The waiver shall be in writing and obtained only after the student and parent or guardian have been advised of their rights prior to the signing of the statement or admission by the student.