BEHAVIORAL VIOLATIONS

Falsifying, altering or destroying a school record or any communication between home and school.

Assault (RCW 9A.36)

Violence with or without Major Injury

Inflicting physical harm, being physically violent, unwanted force, or demonstrating immediate intent to inflict physical harm, including sexual assault.

Major injury is when one or more students, school personnel or other persons on school grounds require professional medical attention.

Assault (RCW 9A.36)

Serious Bodily Injury

Inflicting physical harm, being physically violent, unwanted force, or demonstrating immediate intent to inflict physical harm, including sexual assault.

Serious Bodily Injury is an incident, specific to students eligible for special education services, that results in a serious bodily injury of another as defined in Section (1365(h)(3) of Title 18, U.S. Code.

Intentional, unwanted, aggressive behavior that:

1. Involves a real or perceived power imbalance.
2. Is repeated, or has the potential to be repeated, over time. 

Bullying means any intentional, electronic, written, verbal or physical act, including, but not limited to, one shown to be motivated because of a perception of the victim’s race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or mental, physical or sensory handicap or other distinguishing characteristics, when the intentional electronic, written, verbal or physical harms a student or damages a student’s property; or has the effect of substantially interfering with a student’s education; or is so severe, persistent or pervasive that it creates an intimidating or threatening educational environment; or has the effect of substantially disrupting the orderly operation of the school.

Possessing, threatening to use, or using dangerous weapons (or replica weapons). A dangerous weapon means a weapon, device, instrument, material, or substance that can cause serious bodily injury. This includes knives, BB guns, paintball guns, air guns, stun guns or the like that injure a person by electric shock, charge or impulse, martial arts weapons, explosives, incapacitating agents, laser devices, metal knuckles, or any other item which can inflict or threaten substantial harm. Students who possess a weapon or carry, exhibit, display or draw any weapon or any item apparently capable of producing bodily harm in a manner which, under the circumstances, results in the intimidation of another or warrants alarm for the safety of others shall be subject to discipline up to and including expulsion.  

Principals may pre-authorize use of replica weapons or props, incapable of firing any projectile, in district-approved plays or school activities.

• Insulting, mocking or demeaning a student, staff or group of students causing substantial disruption and / or interference with the orderly operation of school; or educational setting.
• Intentionally obstructing the entrance or exit of any school building or room in order to deprive others of passing through, preventing students from attending class or school activities or occupying a school building or school grounds in order to deprive others of its use.
• Causing a disturbance or disruption on school grounds, at school activities, or on district provided transportation, including substantially interfering with any class or activity.
• Disruptive and/or dangerous use of motor vehicles or conduct on a school bus that endangers students.
• Causing a substantial interruption to instruction or the safe and orderly operation of a school.

Disruptive Conduct II

Student dress and appearance may be regulated when, in the judgment of school administrators, there is a reasonable expectation that:

• A health or safety hazard will be presented by the student’s dress or appearance
• Damage to school property will result from the student’s dress or appearance
• A hostile environment will be established or perpetuated
• A material and substantial disruption of the educational process will result from the student’s dress or appearance.

Material and substantial disruption of the educational process may be found to exist when a student’s conduct is inconsistent with any part of the educational mission of the school district. Prohibited conduct includes the use of lewd, sexual, drug, tobacco or alcohol-related messages, gang or hate group related apparel.

Note: Dress Codes exist for each school in the Ephrata School District. 

The distribution of drugs, alcohol and other similar chemical substances on school grounds, at school activities, or on district-provided transportation is prohibited. For purposes of student conduct expectations this applies to:

• Marijuana or substances containing marijuana
• Legally-prescribed drugs which a student is nevertheless not lawfully authorized to possess on school grounds, at school activities or on district-provided transportation
• Students who enter school grounds, school activities or on district provided transportation, following the unlawful use or consumption of drugs, alcohol and other similar chemical substances. This includes students who appear to be under the influence of such substances.
• The possession or use of paraphernalia or other items used to possess, consume, store or distribute drugs, alcohol and / or other illegal chemical substances, including marijuana or substances containing marijuana.  

In all cases, any student found in possession of or distributing substances not allowed by law on school grounds, at school activities or on district-provided transportation, will also be reported to law enforcement by school officials.  

The possession, consumption, use, storage or distribution of drugs, alcohol and other similar chemical substances on school grounds, at school activities, or on district-provided transportation is prohibited. For purposes of student conduct expectations this applies to:

• Any controlled substance, medication, stimulant, depressant or mood-altering compound, including simulated compounds intended to produce intoxication or euphoria, whether or not such compounds have been designated a controlled substance by state or federal law
• Marijuana or substances containing marijuana
• Legally-prescribed drugs which a student is nevertheless not lawfully authorized to possess on school grounds, at school activities or on district-provided transportation
• Students who enter school grounds, school activities or on district provided transportation, following the unlawful use or consumption of drugs, alcohol and other similar chemical substances. This includes students who appear to be under the influence of such substances.
• The possession or use of paraphernalia or other items used to possess, consume, store or distribute drugs, alcohol and / or other illegal chemical substances, including marijuana or substances containing marijuana.  

In all cases, any student found in possession of or distributing substances not allowed by law on school grounds, at school activities or on district-provided transportation, will also be reported to law enforcement by school officials. 
 

Acting in a manner that endangers students, staff or community members. This also includes tampering with a fire extinguisher, falsely setting off a fire alarm or calling 911 for reasons other than the intended purpose of the alarm. Verbal or written indication of a bomb or other incendiary device on school property. Engaging in behavior such that the student’s presence poses an immediate and continuing danger to themselves (including harm to self  /suicidal ideation). 

Extorting or attempting to extort any item, information or money. Engaging in games of chance that involve the exchange of money or other items, or stake or risk money or anything of value on the outcome of something involving chance. A student shall not encourage or coerce other students to gamble.

Reporting a false incident or falsely corroborating misbehavior of others that did not occur, while in school, on district property, transportation or premises provided by contractors or agents of the school district or during school-sponsored activities.

Reporting a false incident or falsely corroborating misbehavior of self / others that did not occur or withholding information of a dangerous nature while in school, on district property, district provided transportation or during school-sponsored activities. 

Engaging in or provoking a physical altercation. This includes instigating a fight, arranging, or contributing to the likelihood of a fight developing, including recording and / or distributing images of the fight. 

For school discipline purposes, gang / hate group conduct includes:

• The creation, display or communication of gestures, language, imagery or symbols (as defined below) commonly associated with gang / hate group cultures.
• The promotion of gang / hate group cultures and / or gang / hate group violence.
• The solicitation or recruitment of gang / hate group members.

Gang imagery and symbols include, but are not limited to:

• Apparel (including shoelaces, bandanas, belts or hats) which, by virtue of color, arrangement, trademark, symbol or other attributes indicate or imply gang / hate group membership of affiliation.
• Displays of gang / hate group affiliation on personal belongings including clothing, school assignments, notebooks, body, etc.

• Intentionally hurtful, threatening or intimidating verbal and / or physical conduct in violation of Policy 3207 and Procedure 3207.
• Unsolicited or unwelcome verbal or physical conduct that is harassing or intimidating that can be of a sexual, religious, racial or ethnic nature or based on disability in violation of Policy 3205 and Procedure 3205 and Policy 3210 and Procedure 3210.

Participating in or failing to report known activity that demeans or abuses any student or members or potential members of a team or club.

Inappropriate physical contact, such as holding hands, kissing, inappropriate touching and indecent exposure.

Cursing, cussing, swearing, bad language, foul language, obscenities, expletives or vulgarism. Socially offensive use of language deemed impolite, rude, indecent or culturally offensive.

An illegal or criminal act that either results or could foreseeably result in injury or damage to self, others or property.

The distribution of drugs, alcohol and other similar chemical substances on school grounds, at school activities, or on district-provided transportation is prohibited. For purposes of student conduct expectations this applies to:

• Any controlled substance, medication, stimulant, depressant or mood-altering compound, including simulated compounds intended to produce intoxication or euphoria, whether or not such compounds have been designated a controlled substance by state or federal law
• Legally-prescribed drugs which a student is nevertheless not lawfully authorized to possess on school grounds, at school activities or on district-provided transportation
• Students who enter school grounds, school activities or on district provided transportation, following the unlawful use or consumption of drugs, alcohol and other similar chemical substances. This includes students who appear to be under the influence of such substances.
• The possession or use of paraphernalia or other items used to possess, consume, store or distribute drugs, alcohol and / or other illegal chemical substances, including marijuana or substances containing marijuana.  

In all cases, any student found in possession of or distributing substances not allowed by law on school grounds, at school activities or on district-provided transportation, will also be reported to law enforcement by school officials.  

Intentionally smelling / inhaling or possessing for the purpose of smelling / inhaling, selling, offering to sell, delivering or giving with knowledge that it will be used for smelling or inhaling, the fumes of any type of substance defined in RCW 9.47A.010 or to induce any other person to do so, for the purpose of causing a condition of, or inducing systems of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction or dulling of the senses of the nervous system, or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual or mental processes.

Misrepresenting, lying, concealing evidence / information, verbally or physically impeding or interrupting an investigatory process involving self or others or otherwise hindering an investigation of an infraction or crime on campus, at a school sponsored event or in school provided transportation.

Behavior of a sexual nature including, but not limited to, acts of a sexual nature and possession of or accessing pornographic material while on school grounds, at school activities or on school transportation are prohibited. Prohibited Materials includes digital or electronic text, images or sounds that are possessed, displayed or transmitted while under the supervision of school authorities.

Note: For non-consensual sexual misconduct please see the “Assault” category. For use of profanity or obscene gestures, please see “Disruptive Behavior.”

Intentionally telling or writing untruths.

Falsely reporting ID or failing to provide ID when requested.

Behavioral violation not amounting to a Type Two behavioral violation.

Behavioral violation not amounting to a Type Three behavioral violation.

Behavioral violation not amounting to a Type Four behavioral violation.

The intention of harming others using physical and verbal threats or harming others physically using physical force. Examples include hitting, kicking, biting, using weapons and breaking possessions.

Any unwanted or unwelcome touch that makes the recipient feel uncomfortable.

All forms of cheating, fabrication and using others work as their own, including the unauthorized use of electronic devices, the use of unauthorized material or unauthorized communication of any kind during testing and the aiding and abetting of academic dishonesty of others.

Using the district network for commercial, political, illegal, indecent, disruptive or personal entertainment use. Any attempt to defeat or bypass the district's internet filter or conceal internet activities is strictly prohibited. Action constituting harassment, intimidation or bullying, including, cyberbullying, hate mail, defamation, discriminatory jokes and remarks is also strictly prohibited.

Behavioral violations that meet the definition of “Behavior that adversely impacts the health or safety of other students or educational staff” but cannot be categorized under any Type Four behavioral violations.

Behavioral violations that meet the definition of “Behavior that adversely impacts the health or safety of other students or educational staff” under RCW 28A.600.015(6.d) and meets the criteria for administering expulsion under WAC 392-400-445(2) but does not constitute a Type Five behavioral violation.

Conduct or communication intended to be sexual in nature that is unwelcome by the targeted person(s) and has the potential to deny or limit another student(s) ability to participate in, or benefit, from a school’s education program. Harassing conduct includes repeated offensive sexual flirtations, advances or propositions, continued or repeated verbal abuse of a sexual nature, graphic or degrading verbal comments about an individual or about their appearance, or any offensive or abusive physical contact including, offensive jokes, innuendoes, compliments, cartoons, pranks and / or other verbal, visual, electronic communications (e.g. sexting) or physical conduct, including stalking. Conduct is gender-based when it would not occur but for the sex of the person to whom it is directed (i.e.) unwanted touching or grabbing of sexual parts, indecent exposure or other inappropriate sexual conduct.

Possession of another person’s or the district’s property, regardless of value, without permission and with the intent to deprive the owner of such property. As part of the sanction, restitution will usually be required.

Note: Under RCW 28A.635.060 (1), the school district may withhold the grades, diploma and transcripts of a pupil responsible for intentional damage or loss to the property of the district, a contractor of the district, an employee or another student until the pupil or the pupil’s parent or guardian has paid for the damages. If a student has been suspended or expelled, the student may not be readmitted until the student or parents or legal guardian has made payment in full, or until the superintendent directs otherwise. If the property damaged is a school bus owned and operated by the district, a student suspended for the damage may not be permitted to enter or ride any school bus until the student or parent or legal guardian has made payment in full or until directed otherwise by the superintendent.   

When the pupil and parent or guardian are unable to pay for the damages, the school district will provide a program of voluntary work for the pupil in lieu of the payment of monetary damages. Upon completion of the voluntary work the grades, diploma and transcripts of the pupil shall be released. The parent or guardian of the pupil is liable for damages as otherwise provided by Washington state law.

• Be communicated directly or indirectly
• Threaten immediate physical injury or future physical injury to others
• Threaten either immediate or future physical damage to the property of another person or the school district

Possessing, using or distributing any tobacco product, chemicals or any product that has a similar flavor or physical effect of nicotine substance is prohibited. Using vaping devices or smoking illegal substances is not allowed.

Note: For illegal substances, see the “Drugs / Alcohol and Other Prohibited Chemical Substances” section.

Entering or remaining unlawfully in school buildings or any part of school or district property without authorization.

Using cell phones, personal electronic devices and other equipment (cameras, audio recorders, etc.) during the day without authorization. Photographs, video and audiotapes may not be shared or published without permission. Inappropriate materials or websites may not be accessed or displayed.

Minor behaviors that create unsafe conditions (for example: running in the hall, climbing on prohibited structures, engaging in mutual rough play, light pushing / shoving).

Possession or use of actual weapons in violation of Policy 4210, including firearms, dangerous weapons and other items listed with the policy. This includes when a student acts with malice as defined under RCW 9A.04.110 and displays a device that appears to be a firearm.

Any Ephrata School District student who is determined to have carried a firearm or to have possessed a firearm on school premises, school-provided transportation or school sponsored activities at any facility shall be expelled from school for not less than one year (12 months) under RCW 28A.600.420, with notification to parents and law enforcement. The district superintendent or the superintendent’s designee is authorized to modify the expulsion of a student on a case- by-case basis.   

The school district may also suspend or expel a student for up to one year if the student acts with malice as defined under RCW 9A.04.110 and displays a device that appears to be a firearm.   

Expulsion may result based upon the administrator's judgment of the seriousness of the act or circumstances surrounding the act, and / or the previous record of the student.

• A student who is being assaulted or witnesses another student being assaulted acts only in a manner that is defensive and protective of themselves or others. 
• The student is acting in a manner that a building administrator determines is reasonable and necessary considering the circumstances
• The student did not instigate, provoke or promote the violence by their words or conduct immediately prior to the assault.