POLICY #5131.8
 
NORWICH FREE ACADEMY
STUDENT DISCIPLINE FOR OFF-CAMPUS BEHAVIOR POLICY
 
 
Norwich Free Academy believes that the maintenance of a safe and orderly campus is essential to promote and maximize teaching and learning in the school environment.
 
Certain conduct of students may be the subject of discipline by Norwich Free Academy even if it occurs off-campus and at non-school related activities. The most serious instances of such conduct off-campus requires an expulsion. It is therefore the policy of Norwich Free Academy to expel a student for one (1) calendar year if the Trustees, subcommittee of the Trustees, or an impartial hearing officer determines that a student, while off-campus and at non-school related activities:
 
1.     was in possession of a firearm as defined in 18 U.S.C. 921 in violation of Connecticut General Statutes Section 29-35 or used a firearm in the commission of a crime under Chapter 952 of the Connecticut General Statutes; OR
2.     was in possession of AND used a dangerous instrument, martial arts weapon or deadly weapon in the commission of a crime under Chapter 952 of the Connecticut General Statutes; OR
3.     offered for sale OR distribution a controlled substance as defined in Connecticut General Statutes Section 21a-240(9) whose manufacture, distribution, sale, prescription, dispensing, transporting or possession with the intent to sell or dispense, or offering, or administering is subject to criminal penalties under Connecticut General Statutes Sections 21a-277 and 21a-278.
 
The Trustees, subcommittee of the Trustees, or an impartial hearing officer has the discretion to modify the term of a mandatory one-year expulsion on a case-by-case basis.
 
In addition to mandatory one year expulsions for serious off-campus misconduct, students may be subject to exclusion and discipline, up to and including suspension and/or a formal expulsion hearing, for other types of off-campus misconduct at non-school related activities if the behavior is:
 
1.     violative of Norwich Free Academy’s publicized policies; AND
2.     seriously disruptive of the educational process.
 
In making a determination as to whether conduct is seriously disruptive of the educational process, the administration may consider, but such consideration shall not be limited to:
 
1.     whether the incident occurred within close proximity of a school;
2.     whether other students from the school were involved or whether there was any gang involvement;
3.     whether the conduct involved violence or the threats of violence or the unlawful use of a weapon, as defined in Connecticut General Statutes section 29-38, and whether any injuries occurred and;
4.     whether the conduct involved the use of alcohol and/or controlled substances.
 
It is the policy of Norwich Free Academy that any off-campus misconduct which endangers persons or property may constitute the basis for a finding that said conduct is seriously disruptive of the educational process at Norwich Free Academy and violative of this written policy if there is any nexus between the off-campus misconduct and the delivery of educational services to other Norwich Free Academy students.
 
As examples, but without limitation, the following types of conduct, if engaged by Norwich Free Academy students off-campus and at non-school related activities, are representative of conduct which may be considered to violate a publicized policy of Norwich Free Academy and be seriously disruptive of the educational process:
 
1.     Possession or use of any illegal drug or controlled substance, intent to sell or distribute notwithstanding;
2.     Threatening, hurting or injuring other persons;
3.     Violent conduct, including but not limited to physical and/or sexual assault;
4.     Stealing or damaging property;
5.     Commission of a crime under applicable state and/or federal law;
6.     Being in possession of or under the influence of alcoholic beverages in violation of applicable laws;
7.     Participation in unlawful “hate acts” under state or federal law, including actions of racial or religious bigotry, intolerance or hatred;
8.     Unlawful possession of a firearm, dangerous instrument, martial arts weapon or deadly weapon under applicable state and/or federal law;
9.     Possession of instruments and objects which can be used to cause injury to others even if not legally defined as dangerous instruments under state and/or federal law;
10.  Violating any other publicized policy of Norwich Free Academy concerning student conduct, including those listed in the Pilot, Norwich Free Academy Student Handbook.
 
Unless an emergency exists, no student shall be expelled without a formal hearing held pursuant to Connecticut General Statutes Section 10-233d and Sections 4-177 through 4- 180, inclusive and Connecticut General Statutes Section 4-181a. Additionally, if a student is a minor, then notice of the formal hearing, as required by Connecticut General Statutes Sections 4-177 through 4-180, shall be given to the parents or guardians of the student. If an emergency exists, the hearing shall be held as soon after the expulsion as possible.
 
Early Readmission From Expulsion
 
An expelled student may apply for early readmission from an expulsion to the Academy. Such readmission shall be at the discretion of the Board of Trustees. However, the Board of Trustees may delegate authority for readmission decisions to the Superintendent/Head of School. Under such circumstances, readmission shall be at the discretion of the Superintendent/Head of School. The Board or the Superintendent/Head of School may condition readmission on specified criteria that will be determined on a case-by-case basis.
 
Alternative Educational Opportunities
 
Students expelled from Norwich Free Academy for misconduct may be offered an alternative educational opportunity by the public school district that is financially responsible for the individual student. The public school district, however, is not required to offer such an opportunity to students age sixteen (16) and older whose expulsion resulted from
 
possession of a firearm, deadly weapon, martial arts weapon, or dangerous instrument on school property or at a school-sponsored activity OR from offering for sale or distribution on school property or at a school-sponsored activity a controlled substance OR if the student has been expelled on a previous occasion. Parents or guardians of such students are hereby so notified.
 
 
 
 
 
Legal Reference:          Connecticut General Statutes Sections 10-233a through 10-233f and
all other applicable State and Federal laws and regulations.
Connecticut General Statutes Sections 4-177 through 4-180, inclusive and Connecticut General Statutes Section 4-181a
Policy adopted:            March 18, 1997
Policy Revised:             March 17, 1998
September 15, 1998
May 22, 2007
August 27, 2014
  • #5131.8