School Discipline

Dismissal

Dismissal is the complete and final removal of a student from Garces Memorial High School.  The Principal has final discretion on all matters involving  Dismissal.  

In all cases of Dismissal, before a final decision is rendered by the Principal, a conference shall be conducted by the Principal to review the situation. The student’s parents or guardians, the student if appropriate, and all relevant school personnel shall be invited to this conference. At the discretion of the Principal the student may be suspended until this conference is held.

At this conference the Principal shall review the findings of the school and any new information provided by the family.  Within three (3) days after the conference the Principal shall inform in writing the parents of his/her decision. If the Dismissal is rescinded the Principal shall determine any other actions or requirements as conditions for the student’s continued enrollment.

Students who are Dismissed will not be eligible for readmission to Garces Memorial High School and will have the Dismissal noted in their student file.

Grounds for Dismissal

·         Behavior on or off the campus that is in clear conflict with the teachings of the Catholic faith and/or the Christian values for which Garces Memorial High School stands.

·         The illegal use or possession of any intoxicant including but not limited to alcohol, illegal performance enhancing drugs, controlled substances, prescription drugs, “Illegal Drugs” or “drug” paraphernalia while on campus, at any school function, or while traveling to or from any such event.

·         Distribution or sale (intent or actual) of any amount of the above mentioned substances.

·         Possession or use of knives, guns or other devices reasonably construed as a weapon while on campus, at any school function, or while traveling to or from any such event.

·         Any behavior that can be construed as posing a physical threat to any member of the Garces Community.

·         Violation of the conditions of Behavioral Probation.

·         Multiple Suspensions (Academic or Activity) in one Academic Year.

Voluntary Withdrawal

In cases involving Dismissal the school MAY extend the opportunity of Voluntary Withdrawal.   In cases where the opportunity of Voluntary Withdrawal is offered and accepted, no reason for withdrawal shall be placed on the student's permanent record and the student will retain the right to reapply to Garces Memorial.  However, no guarantee of readmission should be inferred from that right. 

All students who Voluntarily Withdraw and wish to reapply to Garces Memorial must abide by the Readmission Policies outlined in this handbook. 

Recommended Transfer

Recommended Transfer is not a disciplinary action.  A Recommended Transfer is the school’s decision to permanently remove a student from the school without the stigma of a formal Dismissal. 

In all cases of Recommended Transfer a conference shall be conducted by the Principal to review the situation. The student’s parents or guardians, the student if appropriate, and all relevant school personnel shall be invited to this conference. The Principal shall review the findings of the school and any new information provided by the family.  After the conference the Principal shall inform in writing the parents of his/her decision. If the recommended transfer is rescinded the Principal shall determine any other actions or requirements as conditions for the student’s continued enrollment.

Grounds for a Recommended Transfer

·         The student will not profit from continued attendance (e.g. severe academic deficiency, emotional instability, etc). In cases of severe academic deficiency, the school may only impose a Recommended Transfer after having previously placed the student on Academic Probation.

·         The student’s continued attendance will make demands upon the school, which the school cannot meet.

·         The student’s parents or guardians have failed to cooperate with the school staff and have not complied with the school’s policies, practices, or programs (e.g. interfering with the school’s administrative functions or disciplinary actions, etc).

·         The student’s parents or guardians have failed to meet their obligations to the school, which they accepted upon enrolling their child (e.g. failure to meet their tuition commitment as contracted with the school, etc).

·         Any other circumstance deemed appropriate by the Principal.

A written record of the procedures followed in the Recommended Transfer process shall be kept. 

non-promotion

Promotion to the sophomore, junior, and senior year at Garces Memorial is conditional and based upon both academic progress and student behavior.  The school reserves the right to withhold promotion for any student but particularly those students who finish the academic year under Academic or Behavioral Probation.  (See Academic Information) Students who are denied promotion due to behavior will be given the option of a Voluntary Withdrawal.  Students who refuse the option of Voluntary Withdrawal will be Dismissed.

Behavioral Probation

Students are placed on Behavioral Probation when a pattern of poor judgment is emerging.  Terms and lengths of Behavioral Probation are at the discretion the Dean of Students.  The Dean of Students will notify the parent in writing of the lengths and terms of the Probationary period.  A student on Behavioral Probation is expected to immediately demonstrate an improvement in behavior.  Continuation of a prior behavioral pattern or any other serious incident that confirms a pattern of poor judgment by the student may result in Dismissal.   Students who finish the academic year under Behavioral Probation regardless of the length of probation are also subject to Non-Promotion.

Grounds for Behavioral Probation

·         Students who have been suspended (Academic or Activities)

·         Students who are referred to the Dean of Students for repeated violations of the expectations of student conduct

·         Any other serious violation of the discipline code as determined by the Dean of Students

Academic Suspension

Academic Suspension will be at the discretion of the Dean of Students and will vary from one to five days.  It may be held on campus or off campus depending on the nature of the offense.  A student who has been placed on Academic Suspension will not be allowed to attend classes at Garces Memorial High School until the period of suspension has expired and the student has met with the Dean of Students to arrange for readmission to classes.  Students on Academic Suspension are automatically suspended from activities for the period of the suspension but are not considered to be under Activities Suspension.  Activities Suspension is a separate sanction

Upon their return to classes students will be assigned three (3) consecutive days of JUG (Justice Under God) for every one (1) day of suspension.  Practice, meetings, games, performances or other school activities will not excuse a student from these JUGs.

Grounds for Academic Suspension

·         Fights or the threat of physical violence (can be suspension or dismissal)

·         Bullying, harassment, racial slurs or discrimination (can be suspension or dismissal)

·         Insubordination

·         Prohibited use of electronic systems (details listed below)

·         Theft

·         Repeated failure to attend any Detention.

·         Falsification of any document, note, message, or phone call.

·         Vandalism and/or destruction of school property or the property of others

·         Use or possession of firecrackers or similar devices

·         Possession and/or use of matches or cigarette lighters on campus

·         Throwing any object on campus which could cause personal injury or damage to school property

·         Gambling

·         Leaving campus for any reason without permission

·         Disorderly conduct

·         Second Offense for Academic Dishonesty

·         Repeated Truancy

·         Any other serious violation of the Minimum Expectations of Student Conduct as determined by the Dean of Students.

DAYS MISSED WHILE A STUDENT IS SUSPENDED FROM CLASSES (ON OR OFF CAMPUS) WILL COUNT TOWARDS THE SEVEN PERIOD LIMIT (See Attendance Policy/Procedure) FOR CREDIT IN A CLASS.  It is the responsibility of the suspended student to obtain all class materials from their instructors immediately upon their return from suspension.

Activities Suspension

Activities suspensions will vary in length from one (1) to twelve (12) weeks.  During this period the student is ineligible to attend as a spectator or participant any extracurricular event (including but not limited to any: scrimmage, game, performance, dance, outside-of-class activity, or competition) in which Garces Memorial High School is a participating school.

Suspension from activities results in the permanent loss of any elected or appointed leadership role (team captain, president, etc.).  It also renders the student ineligible for school-sponsored “end of season” awards in that activity (Coaches awards, MVP, etc.).

For all students who are members in leadership organizations (ASB, Peer Counseling, etc) disciplinary violations that result in suspension may also result in their permanent dismissal from these groups.  Please refer to the guidelines of these groups for further information.

Grounds for Activities Suspension

·         Violation of any portion of the Special Discipline Policies listed in this handbook

·         Any offense listed under Grounds for Academic Suspension where an Activities Suspension is judged likely to bring about an improvement in student behavior.

Return to Full Participation after Suspension

In cases of Activity Suspensions greater than two weeks, a student may begin to practice with his/her group during the last week of the suspension, as long as all other requirements of the suspension have been fulfilled.  There is no guarantee of “playing time” even after these conditions have been met.  Students who, because of the Activities Suspension, voluntarily remove themselves from a team will be subject to the sanctions listed in the In-Season Rules for Athletes section of the Athletics section. 

Garces Work/“Saturday” Detention

Hours and days for Garces Work will depend on the needs of the school and will be scheduled at the discretion of the Dean of Students.  Missing Work may result in further disciplinary action up to and including Dismissal.

Grounds for Garces Work

·         Truancy (any absence from school that is not cleared)

·         Any other moderate violation of the Expectations of Student Conduct as determined by the Dean of Students.

Detention/Justice Under God (JUG)

After school detention (JUG) takes priority over any school activity including games or performances.  JUG may be assigned by any member of the faculty or staff and will be served Monday through Friday.  The JUG list will be posted every day on the doors of the attendance office.  Any student who accumulates four detentions to serve will be ineligible to participate in any Garces activities until all of these detentions are completed.  Detention will vary from cleaning the campus to completing an assigned written task.

Detention will begin 15 minutes after the end of school or collaboration and will last for 60 minutes.

Grounds for Detention (JUG)

·         Any violation of the Expectations of Student Conduct

·         Tardiness, either before school or during the school day**Please note: Traffic, weather, and other delays that result in a student being late for school will not be acceptable excuses for tardiness**

·         Absences that are not excused by phone call or note within 24 hours

·         Excessive speed on or near the campus

·         Not displaying the proper parking placard on the vehicle

·         Missing lunch  detention

·         Bringing any food item, including water, into the classroom

·         Other infractions at the discretion of any faculty or staff member

Lunch Detention (Lunch JUG)

Lunch detention may be assigned at the discretion of any member of the faculty or staff.  Lunchtime detention will be served Monday through Friday for minor violations of the expectations of student conduct.  Lunch JUG may include cleaning up the cafeteria and/or other parts of the campus.  Students serving lunch detention will report to the administrator in charge in the cafeteria at the very beginning of lunch.  Students who miss or are late for lunch detention may be assigned additional sanctions. 

Fines

In addition to other possible punishments:

·         Damage to school property: cost to repair

·         Purchase of acceptable socks: $2

·         Rental of acceptable clothing: $5 per day

·         Failure to display valid parking placard

Items Not Permitted On Campus During the School Day

·         Radios

·         i-pods or other small music players

·         Portable stereos 

·         Skateboards

·         Roller-blades

·         Mini scooters

Cell phones must be kept silent and hidden.  During the school day they may be used only in the main office.  Phones, electronic equipment, or messaging devices that, in any way distract students in the classroom setting or are visible during school hours will be confiscated. 

ALL OF THE ABOVE ITEMS WILL BE RETAINED BY THE DEAN OF STUDENTS UNTIL CLAIMED BY THE PARENT.  Repeat offenses may result in after school detention.  THE SCHOOL DOES NOT ACCEPT RESPONSIBILITY FOR ANY OF THE ABOVE ITEMS WHICH ARE LOST OR STOLEN.

Prohibited Use of Electronic Systems

Garces Memorial prohibits the use of all electronic systems (as defined in Diocesan policy 3630) to create, generate, retrieve, receive or send any offensive information or any information contrary to the teachings or beliefs of the Catholic Church, including, but not by way of limitation, any information which contains items of an offensive sexual nature, racial slurs, derogatory gender-specific comments, or any other communications that are disrespectful or discriminatory towards a person’s age, sex, sexual orientation, marital status, religious or political beliefs, national origin, ancestry, disability, or any characteristic protected by federal of California law.  Prohibited use of any electronic systems will be taken seriously and may result in disciplinary action up to and including dismissal.

If a student’s use of technology while off campus disrupts or jeopardizes the safety of the campus environment, the student may be subject to disciplinary action up to and including dismissal. 

Special Discipline Policies

The following policies are specifically addressed because of the nature of the offenses and because they are, in addition to being Grounds for Dismissal, potential violations of both local and federal law.

For the purpose of all of these policies “on campus” is any area within a two (2) block radius of any school function.  A “school function” is any event supported by any of the following: Garces Memorial High School, the California Interscholastic Federation, or any school regardless of that school’s affiliation with Garces Memorial.  “Possession” includes such possession in, about, or on the student’s person, clothing, car, locker or backpack. 

Investigations of Special Discipline Violations

When reasonable suspicion has been established it is understood that in the process of gathering  physical evidence, the Dean of Students shall be entitled to conduct searches of a student’s person, locker, backpack, and auto.  In the event that a student is identified by an Interquest Detection Canine it WILL NOT constitute guilt.  However, students whose backpack, locker, auto, or other possessions are identified by these dogs will be escorted to the Dean’s Office where the Dean of Students will initiate an investigation.

The Dean of Students may also, at his or her discretion, notify the proper legal authorities.  

SEARCHES AND TESTING

A search of the student’s person shall be undertaken only with appropriate like-gender supervision and with a like-gender witness from the faculty or staff.  A student may be required, at the family’s expense, to submit to a drug test.  Drug testing will be performed by an independent, qualified testing laboratory or medical facility selected by Garces.  The only exception to this policy is in the case of alcohol where a Breathalyzer test may be administered by either the Dean of Students or another, appropriate administrator. 

Before drug testing and/or searching any student, an attempt shall be made to contact the student’s parent or guardian.  At their request, a parent or guardian will also be permitted to either accompany, along with a Garces staff member, the student to the laboratory or be present if the sample collection or search is conducted at Garces.  However, if accommodating such a request will likely compromise the accuracy of the test, the request may be denied. 

Drug testing and/or a Personal Search are the student’s opportunity to establish their non-use/possession of contraband.  The refusal to submit to a timely drug test or search will be considered contrary to the school’s mission to provide a safe and healthy environment for all students and subjects the student to further sanctions up to and including Recommended Transfer.

Student Threats, Bullying, and Harassment

Garces Memorial High School will investigate fully all allegations of this nature involving students, staff members, or, when appropriate, other members of the Garces community.  Investigations will be handled in a timely, discreet, and thorough manner. 

A charge of harassment or threatening behavior shall not, in and of itself, be sufficient to bring disciplinary action against a student.  However, substantiated acts of harassment or threatening behavior will result in disciplinary action up to and including Dismissal and may also be referred to the appropriate legal authorities.

Students filing false or frivolous charges of harassment or physical threats will also be subject to disciplinary action up to and including Dismissal.

Student Threats

Garces will take seriously all threats to inflict serious harm to self or others including practical jokes or off-hand comments.  The school administration will respond immediately to any statements or behaviors of a threatening nature, any behaviors by individuals that might pose a threat to the well being of students, staff or others, and any weapon possession.  If any person becomes aware of a threatening situation, that person should immediately report it to a school staff member.

Bullying

Bullying is defined as the use of aggression with the intention of hurting another person.  Bullying results in pain and distress to the victim.  If bullying does occur, students are expected to inform any member of the school’s staff as soon as possible.

Harassment

Harassment is to annoy, pester, tease or belittle another person or groups of people.  Harassment can be in the form of verbal or written statements, sexual or non-sexual connotations.  Harassment results in pain and distress to the victim.  If a student believes that he/she has been harassed the student is expected to inform any member of the school’s staff as soon as possible. 

Complaint and Investigative Procedures

Students who have been subjected to harassment and/or threatening behavior will be asked to make a written statement describing the event(s) and naming all individuals involved.  The Dean of Students or other appropriate administrator will then attempt to substantiate the claim through investigation and interviews of all persons connected to the event.  Depending on the nature of the allegation and the evidence presented, the alleged student(s) MAY be suspended pending the outcome of the investigation.

All reasonable steps will be taken to respect the privacy of all individuals involved in the incident.

Possession/Abuse of Controlled Substances

The illegal use, sale, distribution or possession (including being under the influence) of any intoxicant (alcohol, narcotics, designer or synthetic drugs, illegal performance enhancing drugs, or other controlled substances, or drug paraphernalia (collectively “Illegal Drugs”)) by a student, while on campus or at any school sponsored or related event or activity, constitutes grounds for Dismissal. 

ALCOHOL

If a student is found to be under the influence or in possession of alcohol while on campus or at any school function and if the student is allowed to remain at Garces Memorial, the minimum penalty will be:

·         Eight (8) weeks documented drug/alcohol counseling (with the school’s intervention program unless otherwise approved)

·         Two (2) day Academic Suspension

·         Six (6) after school detentions

·         Twelve (12) hours Garces work (usually three Saturday detentions)

·         Six (6) weeks Activities Suspension

·         Behavioral Probation for an academic year

·         Possible Referral to Legal Authorities

Tobacco (Any form)

If a student, regardless of age, is in possession of or has used tobacco on campus or at any school function, the minimum penalty will be:

1st Offense

·         Five (5) days of after school detention

·         Six (6) hours of Garces work (one Saturday detention)

·         Three (3) week Activities Suspension

·         Possible Referral to Legal Authorities

2nd Offense

·         Five (5) days of after school detention

·         Twelve (12) hours of Garces work (two Saturday detentions)

·         Seven (7) week Activities Suspension

·         Behavioral Probation for an academic year

·         Possible Referral to Legal Authorities

Over-the-Counter/Prescription Medications

Students may use an inhaler for bronchial asthma or allergy problems.  All other prescription medications are to be on file with the Attendance Clerk and distributed through that office.  The appropriate form can be obtained from the Attendance Office.  Non-prescription medications will not be dispensed without written permission from the parent/guardian.

The legal use by a student of controlled substances, such as prescription medicines prescribed by a licensed physician, or over-the-counter medications, is not prohibited by this policy.  However, if the student’s use of a prescription drug or other medicine substantially interferes with his or her ability to participate in academic or other school activities, or endangers the health and safety of the student or other students, the student may be required to take a leave of absence from school until such time as the student is no longer required to take such drug or medication or until it is determined that the circumstances resulting in the leave of absence no longer exist. 

behavior Review Board

The Behavior Review Board is made up of faculty members and is chaired by the Assistant Principal.  In cases of Dismissal or very serious disciplinary sanctions the Dean of Students may convene the Review Board to act in an advisory role.  

In cases where the Behavior Review Board was not convened to advise the Dean of Students, a formal Behavior Review Board Hearing can be convened at the request of the Principal to review and advise the Principal on any disciplinary action.  This review may only be requested by the Principal and only in extreme circumstances. 

Behavior Review Board Hearing

Upon the Principal’s request for a formal hearing, the Chair will advise the student and family of the date and time of the hearing which shall occur within three (3) school days of receipt of the request.  

At the Behavior Review Board hearing, the Dean of Students will present the findings of the school.  The student and family will also be given the opportunity to present any factual evidence that would show the student had not given grounds for serious disciplinary action.  After reviewing the facts and circumstance of the case as presented by all parties, the Review Board will meet privately to begin their deliberations.  Because of the nature of the discussions of the Behavior Review Board, these discussions are confidential.  Upon conclusion the Review Board shall make its recommendation to the Principal concerning student discipline.

The Principal retains full discretion on final decisions regarding all disciplinary actions.

Appeal Process

The appeal of any serious disciplinary action shall only occur after meeting with the Principal.  Any such appeal shall be made in writing and shall be based only on new facts, circumstances or evidence not previously presented to the Principal.  The written appeal shall be delivered to the Rector by registered or certified mail within three (3) school days of the Principal’s decision.   

During the appeal process, a Dismissal may be postponed, but the student may be suspended as determined by the Principal.

If the Rector decides in favor of the student’s appeal the student shall remain enrolled, however, further sanctions may still be imposed. 

If the appeal is denied by the Rector the next level of appeal is the Diocesan Superintendent of Catholic Education. Such an appeal shall be made in writing and shall be based only on new facts, circumstances or evidence not previously presented to the Rector.  The written appeal shall be delivered to the Superintendent by registered or certified mail within three (3) school days of the Rector’s decision.   

Readmission Policies

A student who has accepted the school’s offer to voluntarily withdraw from Garces for discipline reasons will be given an opportunity to reapply for admission to Garces at the start of the first full academic semester following the applicable Withdrawal Period. 

The Withdrawal Period is a minimum of nine (9) weeks of academic time.  For the purposes of this policy, neither Christmas break, nor Easter break, nor summer school will be considered as academic time. 

No guarantee of readmission should be inferred even after the passage of the withdrawal period.

All students who wish to re-apply will follow the process outlined in the Academic Information section of this handbook under the heading: Students Transferring to Garces Memorial. 

The decision to readmit any former student may be conditioned upon the student’s compliance with such stated terms and conditions that the Principal may impose at his/her discretion.  Such terms and conditions may include, but are not necessarily limited to, maintenance of a stated minimum grade point average, completion of a stated number of additional hours of community service, submission to periodic or random searches and drug testing, mandatory personal and/or family counseling sessions attendance at N.A. or A.A. meetings, and compliance with a Behavioral Probation contract.