Procedures for Student Code of Conduct

GRADES 6 – 12 The following Code of Conduct is a summary of the policy of the Indiana School for the Deaf. Students have rights, and responsibilities as members of the school community. All students have the right to learn in a school that is safe and free from disruptions. Respect and cooperation are essential, and policies, rules, and codes of conduct must be followed to ensure that students are free to learn, and teachers are free to teach. We encourage families to help students to understand this responsibility by reviewing and reinforcing the Student Code of Conduct with their child(ren). Students and families can contact the Director of Instruction, principal, Director of Student Life and/or residential dean if they have any questions or concerns regarding the Student Code of Conduct. This Code of Conduct is a guide for the school community and is not a comprehensive listing of all infractions, which may occur.

To maintain a safe and orderly environment, it is necessary for students to be self-disciplined. Becoming self-disciplined is a learning process.  Therefore, all students have a need and a right to know:

· What people expect of them,

· What they can and cannot do, and

· What the consequences are if they break the rules.

For the safety of students and staff, a student will not be subject to seclusion or restraint unless the student’s behavior poses an imminent risk of injury to the student or others. However, significant violations of the law, including assaults on students and staff, may be reported to the police. As soon as possible after any use of seclusion or restraint, the student’s parent or guardian will be informed and provided with a detailed account of the incident, including the circumstances that led to the use of seclusion or restraint.

A copy of the incident report prepared by staff following the use of seclusion or restraint with a student will be sent to the student’s parent or guardian.

Procedure for Handling Minor Behaviors

Classroom/Residential Hall behavior management strategies and procedures:

Teachers and residential advisors will address minor behaviors that may require use of appropriate intervention strategies, such as, collaborative after school meetings with families, time-outs, warnings, case conference meetings and/or various techniques that work best for the teacher or residential advisor and student that is educative and least restrictive for the student. Teachers and residential advisors will follow the Positive Behavior Support Charts in assigned areas) for student expectations.  Teachers and residential advisors will work with the students to develop classroom/residential area rules.  School/residential rules and classroom/residential area rules will be shared with the families and students.  Students are expected to follow both school/residential rules and procedures. Teachers/residential advisors strengthen the learning environment by handling their own students’ discipline cases, as much as possible.

Minor incidents handled by the teachers in the classroom include the following:  Excessive (not related to lesson) or inappropriate talking during instructions or activities, eating/chewing gum, not prepared for class or activity (supplies for class not ready), dress code violations, refusal to work/participate in activities, sleeping in class/head on the desk, failure to complete work, minor disruptive behavior (vocalizing, beating, tapping, pencil whacking, etc.), throwing paper, walking in/out of class area without permission, iPad/phone/technology violations, verbal conflict (if both willing to resolve conflict), and tardy to class.

Minor incidents handled by the residential staff in the residential hallinclude the following:
Failure to follow residential hall rules, refuse to follow routine, throwing items, leaving assigned area without permission, inappropriate talk, misuse of technology, excessive horseplay/rowdy behaviors, verbal conflict (if both willing to resolve conflict) and dress code violations.

Minor offenses will become office referral on the 6th attempt to correct the behavior in the classroom/residential area after the classroom/residential management strategies have been attempted.

Individual classroom/residential hall behavior management strategies and procedures will be shared with the family by the teacher and/or residential advisor at the beginning of the semester. Teachers/residential advisor will communicate with the family of any ongoing behaviors.

Procedure for teachers/residential advisor with handling minor offenses in the classroom/residential hall:

1. Two (2) verbal warnings given -- Conflict Mediation and re-teaching of correct behavior.

A teacher/residential advisor/student conference is necessary to clarify the misconduct and re-teach expected behaviors including explanation of consequences should the behavior continue.

Where appropriate teacher/residential advisor will discuss incident with the student(s) to develop a resolution through conflict mediation and re-teach the lagging skill.

2.  Time to Think/Reflect

The student is advised to take some think time to reflect and cool off. The teacher/residential advisor will invite the student back to resume classroom/residential activities once they have shown to be able to respond to questions and discuss the situation with the staff.

Responsible Thinking Skills questions help students identify their behavior and the behavior that should be exhibited. Here are examples of questions that are discussed:

· What were you doing?

· Why were you doing that?

· How does doing this action make you feel?

· What are the rules?

· What happens when you break the rules and how does that impact the community, the relationship, or others?

· Is that what you want to happen?

· How does others feel about what happened? How would you feel if someone did that to you?

· What different choice(s) would you make? For example: If you feel _____, you will do _______.

· How can we help you to change the behaviors?

· What do you want to do now?

3. Communicate the classroom/residential hall consequence with the family.

Teacher/residential advisor and family may come up with a consequence of staying after school/in the residential area and be given loss of privilege.

4. Conference with an administrator

At this time, the teacher/residential advisor should call the office for an administrator to sit and discuss concerns with the student.

5. Office Discipline Referral

The student has been given ample opportunities to correct behavior. An office discipline referral should be written based on multiple minor offenses.

Consequences are determined according to the nature and severity of the infraction and the frequency of the misbehavior. Repeated or chronic violations of “minor” may result in the development of a Functional Behavior Assessment and a Behavioral Intervention Plan to provide support to the student.  The handbook outlines code of conduct and behavior expectations that meet the legal requirements of students who may need additional support through interventions and serious consequences as outlined below.  Failure to follow the rules and procedures may result in student being suspended, expelled, or excluded from regular school/residential day.

Student Code of Conduct applies to all students while they are on ISD’s campus or are involved in school/residential-sponsored activities both on and off campus. All ISD summer programs are considered as optional; thus, any incident in the residential or school may result in a student being asked to leave the program immediately at the school’s discretion. This includes the times students are using transportation provided by ISD. The Code of Conduct is in effect from the time the student leaves home until he or she arrives home. ISD will work with the LEAs on transportation discipline situations.

Transportation concerns for minor and major behaviors will be handled by the district following the district policy for responding to consequences and discipline.

Procedure for Handling Major Behaviors

The dean of students will record the incident reports for all ongoing or major offenses and will track the consequences for each student. The purpose of tracking the students’ behaviors will be to identify those students who need additional help and to offer intervention support. Steps for students needing additional support:

1. A meeting with the student and the principal, and dean of students (for all students) and/or residential dean (for residential students) will occur after the third incident report. The purpose is to discuss the student’s behavior choices.

2. An in-person, phone or videophone conference with the student, teacher, residential advisor and family to discuss the student’s behavior choices may occur.

3. If the behaviors continue and are not decreasing, then the homeroom teacher or residential advisor can hold a meeting where a student’s academic, social, behavioral and physical concerns will be discussed. Members of the meeting can include the student’s family, administrator, the student’s teachers, a residential representative, and a counseling team and/or assessment team representative.

4. The meeting could discuss an action plan with strategies to support the student’s behaviors, and/or recommend the possibility of developing holding a case conference to discuss a referral of a Functional Behavior Assessment.  (FBA Article 7 511-7-32-41 and BIP 511-7-32-10). Data and summary from the FBA will be reviewed in a case conference in the 50-day timeline to determine if a behavior improvement plan and other strategies is needed to support the student.

5. If data from the FBA supports the development of a Behavior Intervention Plan, a counselor with you, your child’s teacher(s) and other support staff when appropriate will be consulted to coordinate the development of the Behavior Intervention Plan.  The BIP will be discussed and agreed upon by the CCC and incorporated into the IEP.

A manifestation determination meeting will be called when a student has had a total of ten days or more of out of school suspensions in order to determine a plan of action. This meeting will be considered a case conference and includes ISD staff and local district staff in the meeting to determine any placement changes if necessary, based on whether the conduct in question was caused by or had a direct and substantial relationship to the student’s disability (Sec. 61 of Indiana Article 7).

Major offenses require office referral and are not permitted at ISD as defined below:

Disruptive Behavior:

Behavior causing interruption during a class or residential activity that interfere with student’s own or other’s educational function and responsibilities and will to maintain an atmosphere in the school or residential hall, which is conducive to learning. Includes any non-compliance, disrespect and defiance behaviors. Behaving and/or commenting rudely, discourteously to others or talking back; sustained loud talk, yelling, or screaming; making noises with materials; horseplay or rough housing; sustained out-of-seat behavior; and/or using profanity, calling names and using words/gestures that are considered profane or offensive to others.

Gang Activityis considered disruptive and is not permitted at ISD. The presence of gangs (defined as “any group of two or more persons who join together for destructive or violent purposes”) and gang activities can cause a substantial disruption of and interference with the education function of the school or residential program. ISD will not tolerate gangs or gang-like activities that are disruptive, menacing, threatening or violent toward any individual or group in our school communities. Any gang-related incidents will be dealt with to the fullest extent of the Code of Conduct and will be referred to appropriate law enforcement officials.

Sexual Harassment:

Sexual harassment is unwelcome conduct of a sexual nature. Prohibited forms of sexual harassment include actions such as touching of a sexual nature; making sexual comments, jokes, or gestures; writing graffiti or displaying or distributing sexually explicit drawings, pictures, or written materials; calling students sexually charged names; spreading sexual rumors; rating students on sexual activity or performance; or circulating, showing, or creating e-mails or Web sites of a sexual nature. Title lX officer will be notified.

Misuse of technology or school property:

Using the facilities or technology in ways in which they were not intended. Review the student technology agreement in this handbook for specific procedure. Student participates in an activity that results in substantial destruction or disfigurement of property or technology.

Physical Aggression or Threats:

Aggressive actions that involve any type of serious physical contact where injury may occur (i.e., scuffle, fighting, throwing an object and hitting someone, hitting, punching, hitting with an object, kicking, hair pulling, scratching, etc.). Threatening actions that intend to physically harm any student or staff member including threats of bringing or use of any weapon against student or staff.

Truancy:

Student leaves class/school/residential without permission or stays out of class/school/residential without permission.

Forgery/Theft:

Signing the name of another person, or altering times, dates or grades. Taking something that belongs to the school/residential or another person without permission.

Lying and/or Cheating:

Telling stories that are not true, copying another person’s assignment or test; or allowing others to copy one’s work is a form of academic dishonesty and will be taken seriously. Plagiarism is a form of cheating and is not permitted. The student will receive a zero on the assignment and may be subject to additional appropriate discipline determined by the principal’s office. Students are taught how to correctly site information from other sites, documents, and sources.

Display of Affection:

Such as kissing, petting, and other excessive intimate behaviors are inappropriate in school, residential areas or activities. Conferences may occur with persons unable to govern themselves appropriately, and suspensions can be applied to persistent violators.

Drug and Alcohol Violations:

Attending school under the influence of substance or possessing any apparatus used for drugs and alcohol use is not permitted. It is a violation to possess, use and/or distribute controlled substances, alcohol, tobacco, marijuana, stimulants, depressants, hallucinogens, inhalants, look-a-like drugs, or to possess or provide any person items used for storage, processing, delivery or consumption. Examples of products that are not permitted on campus include rolling papers, pipes, roach clips, bongs, water pipes, stashes, or any other inhaling cigarettes, vape pens or vape fluids or vaping devices. If a student has a drug prescribed by a doctor, the student cannot give or sell any of the drug to another person.

Possession of Weapons and Destructive Devices:

Possession of weapons includes having, using, selling, or giving any weapons, such as a gun or knife (real or look alike), to any other person. Includes sticks, pipes, bottles, or even a pencil if it is intended for use as a weapon. Under Indiana law (I.C. 20-33-8-16(f)) a student may be expelled for a period of not more than one calendar year for bringing a deadly weapon, other than a firearm, to school, or on school property or in possession of deadly weapon on the school grounds. Destructive devices are defined as possessing, firing, displaying, or threatening the use of fireworks or explosives on the school grounds causing bodily harm and/or property damage (includes matches, lighters, fireworks, gasoline, lighter fluid, etc.). Any act of arson setting fire on ISD property is not permitted.

Bullying:

Bullying includes unwanted, aggressive behavior that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time. The imbalance of power involves the use of physical strength, or popularity to access embarrassing information to control or harm others. Bullying can occur anywhere (in-school/residential area or outside of school) and at any time – both during and after school hours. Bullying can include physical, verbal, social/relational and electronic/written communication bullying.

Physical bullying involves hurting a person’s body or possessions. It includes hitting/kicking/punching, spitting, tripping, or pushing, taking, or breaking someone’s things, and making mean or rude hand gestures.

Verbal bullying involves saying mean things. It can include teasing, name-calling, inappropriate sexual comments, taunting, or threatening to cause harm. Social/relational bullying involves hurting someone’s reputation or relationships.

Social bullying involves telling other children not to be friends with someone, leaving someone out on purpose, spreading rumors about someone, or embarrassing someone in public.

Electronic/written communicationinvolves cyber-bullying, collective or group note writing, any bullying undertaken through the use of electronic devices (computer, cell phones).

Considerations in determining if the behavior meets the definition of bullying:

· Involves intend to harm or destruct others as a form of aggression.

· Power differential. Is there an imbalance of power? (Power imbalance is not limited to physical strength.)

· Typically involves a pattern of behavior repeated over time. Check if the individual is worried it may happen again or if this has occurred in the past?

Procedure for Consequences Related to Major Offenses

The school and residential administration considers the unique circumstances of each individual cases before a decision regarding appropriate consequences is made.  Disciplinary actions for all major offenses may include one or a combination of any actions from this list and are determined by the principal, dean of student and residential dean.  For any fifth (5th) incident report within a 6-week period, the behavior team will follow up with a plan to discuss student’s behavior choices.  The classroom teacher and residential advisor may call a meeting with the families to further discuss the student’s behavior to ensure their success by discussing the student’s academic social, behavioral and physical concerns.

Examples of possible consequences listed below for majoroffenses:

Activity Restriction/Loss of Privilege:

Denying participation in scheduled activities or removing from one or more special school activities. Removal of technology privileges. Assigning the student to a specific area in the classroom to do assignment for duration of the time given.

Written apology:

Write an apology letter to an individual.

Present to an administrator/staff:

Do a research on a topic and present to an administrator/staff or research and make a poster on a specific topic.

Community Services:

Assign a service to help with on campus.

Support Service/in-School Counseling:

May continue to meet with counselor or behavior specialist who can assist in solving exhibited behavior problems.

Detention:

School – student is removed from lunch to serve detention to reflect on their actions in the Student Responsibility Center (SRC) with a staff.  Residential – student is asked to stay in an assigned area and reflect on their actions, this is similar to being grounded at home (for residential students they may be assigned to the pod area or their room when assigned)

Detention is also a Removal from the classroom area and assigning the student to a specific area to do assignment for duration of the time given. Detention assigned may last for a class period or activity and up to a regular school day (7.5 hours).  Some students may begin detention in the middle of the school day or evenings and serve their time from the point of arrival to the time served as assigned.  Students are responsible for bringing their work during dentition.  In accordance with each student’s IEP, related services will continue to be provided.  Students continue to have access to staff and educational materials during this time.

Family contacted:

Contacting family members by phone, written communication or in person to inform them of the problem behavior and solution with the student present.  Meeting with the family, student and teachers, residential staff, counselor, and assessment team staff may be requested to develop solutions to the concerned behavior.

Case Conference Meeting:

Includes the Local Education Agency to discuss strategies for support and whether a Functional Behavioral Assessment referral or update is needed that may lead to development of a Behavioral Improvement Plan as agreed upon by the CCC and incorporated into the IEP. (FBA Article 7 511-7-32-41 and BIP 511-7-32-10).

Out of School/Out of Residential Suspensions:

Students may not attend school/residential when assigned out of school/residential suspension.

In School Suspension:

This is a form of suspension while at ISD if ISD is not able to send the student home and the student may not attend school/residential when assigned out of school/residential suspension. Students will not have access to educational or services during this suspension, unless otherwise outlined by the principal’s office. When a student is suspended, the student is to go home.

Police Contacted:

Illegal violations are considered a crime as defined by the Indiana Code 20-9.1-5-4 and title 511 Indiana Administrative Code 7-3-1 (battery, weapons, and drugs/alcohol).  The illegal violations will be subject to investigation by the ISD Campus Police and/or the Indiana State Police.  If the crime warrants, students will be subject to arrest and prosecution.

Manifestation determination meeting:

(Conference to determine placement and/or Expulsion):  A (MD) meeting will be called when a student has been suspended (for both in-school and home) for a total of ten (10) days or more in order to determine a plan of action and to determine whether the student's behavior is a manifestation of the student's disability (511-7-44-5).

CONSEQUENCES FOR VIOLATION OF PAGER/CELLULAR PHONE REGULATIONS DURING

Middle School and High School students are permitted to use their electronic personal devices during breakfast from 7:30 am – 7:55 am After 7:55 am, after that their electronic personal devices are to be turned off. Earphones and headphones are not permitted to be worn from 7:30 am – 3:15 pm for both Middle School and High School students during school hours. Listening to music from electronic personal/school devices during the school day is not allowed.

Residential students will follow their pod assigned rules related to electronic personal device use. The rules will be sent out and communicated to the student and family at the beginning of the year.

If staff has a reasonable suspicion to believe a student has used an electronic device/item to violate a rule or interfere with school/residential purpose, that device/item may be confiscated and subject to reasonable search. All parts of the device(s)/item(s) will be confiscated which includes batteries and memory cards. Confiscated devices/items (when released by school/residential officials) must be picked up by the student’s family.

*The school is not responsible for any lost or stolen items.

1. First Offense – Device will be confiscated and will be returned to the student at the end of the day or if confiscated during residential hours then, they will get it back the next day.

2. Second Offense – Device will be confiscated and given/mailed to student’s family or bus driver and the student will serve lunch detention (school) or receive loss of privilege with use of devices or technology (residential).

3. Third Offense – Device will be confiscated, and the student will serve 1-day In-School Suspension or restricted to their floor (residential).

NOTE: Any infraction could be from first to third offense based on the severity of the violation and at the administration’s discretion.

Suspension Procedures

All Grades

The principal, dean of student, and residential dean will investigate the reported major incident within 24 hours.

1. The principal, dean of student, and residential dean will inform family of the investigation immediately after the incident.

2. The student may be detained during the investigation. The student will stay in an assigned room during school and/or residential hours.

3. The principal, dean of student, and residential dean will inform the family of the consequences and the student will continue to be detained until their family arrives. It is the family’s responsibility to pick up their child when they have been suspended. If the suspension begins on a Friday, ISD can send the student home on the bus with the family’s permission/agreement.

4. The principal and/or residential dean will forward a copy of the incident report and a letter summarizing the incident and the consequences to the family and Local Education Agency.

5. The original incident report, along with the letter, will be sent to the student’s individual Central Files.

6. By law, the Bureau of Motor Vehicles must be notified of suspension, expulsion and habitual truancy.  (Middle School and High School) NOTE: Students will not be permitted to be on the ISD campus or attend any ISD activity/school function (Extracurricular, athletic, etc.) either on ISD campus or at another school/site during a suspension.

Anti-Bullying Policy

Bullying is prohibited by the ISD. Students who commit any acts of bullying are subject to discipline as outlined under the major offenses in the code of conduct portion of the handbook.

Definition: "Bullying" (per IC 20-33-8-.2) means overt, unwanted, repeated acts or gestures, including verbal or written communications or images transmitted in any manner (including digitally or electronically), physical acts committed, aggression, or any other behaviors, that are committed by a student or group of students against another student with the intent to harass, ridicule, humiliate, intimidate, or harm the other targeted student and create for the targeted student an objectively hostile school environment that:

(1) places the targeted student in reasonable fear of harm to the targeted student's person or property;

(2) has a substantially detrimental effect on the targeted student's physical or mental health;

(3) has the effect of substantially interfering with the targeted student's academic performance; or

(4) has the effect of substantially interfering with the targeted student's ability to participate in or benefit from the services, activities, and privileges provided by the school.

Bullying includes unwanted, aggressive behavior that involves a real or perceived power imbalance.  The behavior is repeated, or has the potential to be repeated, over time.  The imbalance of power involves the use of physical strength, or popularity to access embarrassing information to control or harm others.  Bullying can occur anywhere (in-school or residential areas or outside of school) and at any time – both during and after school hours.  Bullying can include physical, verbal, social/relational and electronic/written communication bullying.

Bullying does not include, and should not be interpreted to impose any burden or sanction on, the following:

1. Participating in a religious event;

2. Acting in an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial danger;

3. Participating in an activity consisting of the exercise of a student’s freedom of speech rights;

4. Participating in an activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one (1) or more adults;

5. Participating in an activity undertaken at the prior written direction of the student’s family; or

6. Engaging in interstate or international travel from a location outside Indiana to another location outside Indiana.

Applicability:

The ISD prohibits bullying in all forms. This policy may be applied regardless of the physical location in which the bullying behavior occurred, whenever the individual committing the bullying behavior and any of the intended targets of the bullying behavior are students attending a school within the school district and disciplinary action is reasonably necessary to avoid substantial interference with school discipline or prevent an unreasonable threat to the rights of others to a safe and peaceful learning environment. The ISD prohibits bullying through the use of data or computer software that is accessed through any computer, computer system, or computer network.

Education:

The ISD will provide training and/or instruction on anti-bullying prevention and policy to all students in grades 1 through 12, as well as staff, in accordance with Indiana law.

Reporting:

Anyone who believes that a student has possibly been or is the victim of bullying is encouraged to immediatelyreport the situation to an appropriate staff member such as a teacher, school counselor, residential advisor, or administrator. All bullying incidents will be reported to a counselor and will be documented. When a repeated pattern is evident, the family will be contacted.  A meeting will be called, and the bullying behavior will be addressed. An action plan will be developed. Bullying reports to the Department of Child Services and/or laws enforcement must be made as required by law, such as when a staff member believes that a student is the victim of abuse or neglect. Any person who makes a report of bullying and request to remain anonymous will not be personally identified as the reporter or complainant to extent permitted by law. The ISD will act appropriately to discipline staff members, volunteers, or contracted service providers who receive a report of bullying and fail to initiate or conduct an investigation of a bullying incident and for persons who falsely report an incident of bullying. The school will act appropriately to provide consequences to students, staff members, visitors, or volunteers who make false reports of bullying. The ability to report anonymously electronically is available on the student’s iPad. Students may also report to any staff member of any bullying incident; the staff member will report to the counselor to follow up. There is a paper form option in the buildings is available via a box that is located in different locations.

Investigation:

Once a report of suspected bullying is received by the designated school administrator, an expedited investigation shall follow. The investigation should be facilitated by the designated school administrator or other appropriate school staff. Information relating to the investigation will be gathered using means including, but not limited to the following: witness interviews, request for written witness statements, record identification and review, and an assessment of whither the bullying occurred. The investigation will be initiated within one (1) school day of the report to the designated school administrator and will ordinarily be completed within ten (10) school days.

Intervention/Responses:

If a report of suspected bullying is substantiated through an investigation, then the school district shall take appropriate intervention and responses as consistent with policy and procedure. The ISD will take prompt and effective steps reasonably calculated to stop the bullying, remedy the bullying, and prevent the bullying from recurring. Interventions and responses include but are not limited to separating the bully and the target; follow-up school counseling for the target; bullying education for the bully; and prompted disciplinary action against the bully. These steps should not penalize the target of the bullying. Disciplinary actions against the bully may include but are not limited to suspension and expulsion. Also, if the acts of bullying rise to the level of serious criminal offense the matter may be referred to law enforcement. The ISD shall inform the family of all students involved in alleged incidents, and, as appropriate, may discuss the availability of counseling and other intervention services.

Family Involvement:

Families are encouraged to be involved in the process of minimizing bullying. Families should report suspected acts of bullying to an appropriate school official. In addition, families of students suspected of bullying will be notified with a phone call or through other appropriate means of communication. Conversely, families of students suspected of being the target off acts of bullying will also be notified with a phone call or through other means of appropriate communication. Family notifications will occur in an expedited manner within two (2) school days after the designated school administrator receives the report of suspected bullying. Families of students who are disciplined for acts of bullying will be involved in the disciplinary process consistent with the law and school policy.

Report to IDOE:

Each school will record and report to the district lead administrator of his or her designee the frequency of bullying incidents in the following categories: verbal bullying, physical bullying, social/relational bullying, and electronic/written communication bullying (or a combination or two or more of the above categories). The lead administrator or his or her designee shall report the number of bullying incident sib category for each school for each school term to the Indiana Department of Education by July 1. IC 5-2-10.1-12; IC 20-20-8-8; IC 20-26-5-34.2; IC 20-30-5-5.5; IC 20-33-8-0.2; IC 20-33-8-13.5; IC 20-34-6-1; IC 21-39-22.1.

Reporting Sexual Harassment

Definition: Sexual harassment is unwelcome conduct of a sexual nature. Prohibited forms of sexual harassment include actions such as touching of a sexual nature; making sexual comments, jokes, or gestures; writing graffiti or displaying or distributing sexually explicit drawings, pictures, or written materials; calling students sexually charged names; spreading sexual rumors; rating students on sexual activity or performance; or circulating, showing, or creating e-mails or Web sites of a sexual nature.  Title IX officer will be notified.

It is the policy of the Indiana School for the Deaf to maintain a learning environment that is free from sexual harassment. No employee of the Indiana School for the Deaf shall harass another student through sexual conduct or communications. No student shall harass other students or employees through sexual conduct or communications. (The term “employee” also includes non-employees and volunteers who work under the control of school employees.)

If you should become a victim of sexual harassment or discrimination, please report the incident to one of the following: Director of Instruction, Student Life Director, Principal, Residential Deans, and Superintendent. (change order)

When an incident occurs an investigation will …  the conclusion of the investigation, prior to issuing discipline, Student Life Director, the principal and/or residential deans will follow-up with the Title IX Officer to verify that the proposed action is consistent with the established Code of Conduct and/or Behavior Improvement Plan as well as other incidents of a similar nature. This procedure does NOT replace Child Protection Service (CPS) reporting.

False Reporting of Sexual Harassment

IC 35.-55-2-2 A student who gives a false report that a staff member or another student has sexually harassed a student or has knowingly given false information, will be considered to have engaged in student misconduct and will be subject to discipline, including suspension or expulsion.

RIGHTS TO PRIVACY AND SECURITY AGAINST UNLAWFUL INTERROGATIONS AND SEARCHES

Students have the right to privacy and security against arbitrary invasion of their personal property by school officials. The school does, however, have the right to search students’ personal belongings when such is in the interest of the overall welfare of other students or is necessary to protect life, well-being and/or property, and is necessary to preserve the good order and discipline of the school. Lockers, residential hall rooms and/or students’ vehicles may be searched when there is probable cause. Searches shall be conducted by the principal, dean of student, residential deans, ISD campus police or their designee with at least one more professional staff member present. The student will be present, if possible. School officials may impound stolen items or items forbidden on school ground (i.e. weapons, narcotics, etc.) and may use these items as evidence. The Indiana School for the Deaf has the right to contact law enforcement as stated in IC 20-33-7-3.

Students will be questioned when school officials have just cause to believe that they are involved in activities which violate school rules, policies, and state laws.

Search & Seizure Policy

The school recognizes that students maintain their rights of privacy while attending school and that those rights include the right to be free from unreasonable searches by school personnel. These rights will not be disturbed unless it is necessary to do so to enforce the law or school rules. In all circumstances, students shall be treated with dignity and respect. In order to clarify the rights of the students and responsibilities of the school, the Indiana School for the Deaf adopts the following policy:

1. General: Administrative level staff and security personnel may search a student’s person, locker, residential bedroom, or vehicle if there are reasonable grounds for that search. As used in this policy, reasonable grounds for search exist if the circumstances would cause a reasonable person to suspect that the search will turn up evidence that the student has violated or is violating the law or the rules of the school.

2. Search of Student’s Person: A search of a student’s person may occur only if reasonable grounds exist for the search. Generally, searches of a student’s person shall be limited to (1) searching the pockets of the student; (2) searching any object in the student’s possession such as a purse or briefcase; or (3) a “pat down” of the student’s clothing by the administrative level staff and ISD campus police.

3. Search of Student Lockers/Residential Room: All lockers, storage areas and residential rooms provided for students use on school premises remain the property of ISD and are provided for the use and convenience of the students. Under state law, students do not have any expectation of privacy in their locker or its contents. All locks used on lockers or storage areas are to be provided or approved by the school and unapproved locks may be removed and destroyed. Searches will be conducted by administrative level staff and ISD campus police. If possible, the student whose locker is to be searched shall be present at the time of the search.

4. Search of Motor Vehicles: A student may be denied the privilege of bringing a motor vehicle onto school premises unless the student, the owner of the vehicle and the parent of the student consent to the search of that vehicle when there are reasonable grounds for that search. If possible, the student whose vehicle is to be searched shall be present at the time of the search. Administrative level staff and ISD campus police will conduct the search.