CODE OF CONDUCT

 

 

Purpose

 

The purpose of the Lenox Memorial Code of Conduct is to ensure that a safe, orderly and healthy environment is provided for students and staff and to inform students of behavioral expectations and possible consequences of failing to adhere to the letter and/or spirit of the code of conduct.  While it is impossible to specify every infraction that may occur, this code has been carefully developed to state broadly the rules and regulations for student behavior at Lenox Memorial.  Additional rules and guidelines may be issued from time to time to maintain a safe and orderly environment. Such rules and guidelines will become effective upon issuance and notice to students. The school administration has the right to enforce any laws, ordinances, or school committee policies that may not be stated in the Code. It is essential in an educational process that emphasizes self-responsibility that a degree of flexibility exists.  Teachers are permitted to exercise professional judgment that reflects sensitivity to the needs of the students with whom they have contact.  Furthermore, the unique character of any specific situation that arises will determine the way in which it is handled.  The administration must act primarily in support of professional judgments.

 

 

Expectations

 

Students are expected to conduct themselves in a respectful, purposeful, and productive manner consistent with the maintenance of a safe and orderly environment. Specifically, students are expected to:

 

·        Demonstrate integrity by acting truthfully and honorably

 

·        Show respect for themselves, others, and property

 

·        Strive to enrich themselves, the school, and the greater community

 

·        Accept responsibility for their decisions and their actions

 

           

 

Scope of Enforcement

 

The rules and regulations of Lenox Memorial apply to students when they are en route to and from school, on buses or at bus stops, on school grounds, and while participating in or attending any school-sponsored or school-related event or activity.  This includes, but is not limited to, activities such as field trips, excursions, and athletic events both home and away.

Disciplinary Measures

 

The following measures are intended to advise students about what is inappropriate behavior, possible responses to such behavior, and to aid the staff of Lenox Memorial as it strives to respond to student misconduct with measures that should enable students to change their behavior effectively.  These measures are to be viewed in the context of a student-centered system that also includes the school's SPOT (Solving Problems On Time) Committee, Special Education services, effective approaches to classroom management, and innovative instructional methodologies.

 

Preliminary Steps

Teachers are encouraged to work with students directly to help them improve their behavior through such measures as teacher/student conference, teacher/parent communication, and teacher-assigned detention prior to office referral.  Students may also be referred to school counselors or community agencies for constructive solutions to problems.

 

Students who violate the school's Code of Conduct may be referred to the SPOT Committee.  The SPOT Committee's function is to examine students' academic, behavioral, psychological, and medical profiles.  The Committee may recommend a remedial course of action which may include academic/psychological testing, referral to the school's Special Education program, academic or behavioral contracts, temporary or long-term suspension, and/or referral to external agencies or specialists.

 

Minor Infractions

A minor infraction is defined as misconduct that interferes with orderly classroom procedure or the orderly operation of the school and/or disrupts the learning climate of the school and is less serious in nature.

 

Examples of Minor Infractions:

·        Classroom or morning tardiness (see page 7, white pages )

·        Refusal to comply with reasonable teacher-assigned discipline

·        Minor classroom disturbance

·        Misconduct on a school bus

·        Playing games inside such as hacky-sak, yo-yo, etc.

·        Use of skateboards on school grounds  

·        Offensive language, gestures, or clothing

·        Failure to comply with dress code

·        Minor physical altercations or minor damage to property

·        Failure to follow instructions

·        Possession of prohibited items (e.g. white out, laser pointers, beepers, etc.)

·        Use of personal electronic devices (cell phones, mp3 players, psp, ds, ipods, etc.) during the school day. All electronic devices should be powered off during the school day.  (see page 10, white & blue pages)

·        Use of or wearing headsets during the school day is prohibited and must be out of site. An exception may be made by an individual teacher(s) within his/her classroom.

·        Unexcused absence from a class

·        Possession of material promoting the illegal use of controlled substances

·        Use of school phones without permission

·        Unauthorized use of the elevator

·        Possession of over-the-counter or prescription medications (see page 12, white pages)

Possible Responses to Minor Infractions:

·        Verbal reprimand

·        Teacher/student conference and/or parent notification and conference

·        Withdrawal of privileges such as dances, etc.

·        Temporary removal from classroom or setting

·        Behavioral contract

·        Teacher or administration-assigned detention

·        Suspension from extracurricular activities and school-based social activities

·        Saturday or vacation work detail

·        Referral to guidance or school adjustment counselor

·        Teacher/schedule change

·        Confiscation of unauthorized materials

·        Possible referral to the school's SPOT Committee

 

Major Infractions

 

A major infraction is defined as repeated misconduct previously referred for administrative action with prior warning or single or multiple actions that are serious or grave in nature.

 

Examples of Major Infractions:

·        Repeated occurrence of minor infractions

·        Intentional plagiarism

·        Cheating

·        Verbal assault, threatening or extremely defiant behavior, use of obscene language/gesture directed toward a faculty/staff member

·        Lying or giving false information, either verbally or in writing, to a school employee

·        Unauthorized access to or tampering with, changing, or altering school records or documents of the school by any method

·        Refusing an administrator's (or his/her designee's) request to submit to a search for contraband materials when the administrator (or designee) has a reasonable suspicion that the student may be carrying such material(s)

·        Conduct which, in the judgment of school officials, will likely result in the disruption of school operations

·        Conduct which interferes with the maintenance of school discipline

·        Unexcused absence or departure from school

·        Insubordination

·        Assault and battery of school personnel or another student

·        Violation of another person's civil rights

·        Fighting

·        Sexual harassment - verbal or physical (see Civil Rights and Safety Policy pages 16-19)

·        Stalking

·        Possession/use of tobacco products, lighter, matches, or other paraphernalia

·        Unauthorized access to a computer or computer system

·        Altering or destroying electronic data including computer files, passwords, etc.

·        Use of the video/audio component of a cell phone (see page 10)

·        Possession of lewd or pornographic materials including material obtained via Internet and other electronic sources

·        Climbing on the roof of the building

·        Failure to adhere to evacuation rules

·        False Alarms and prank calls to 911

·        Unlawful use of telephone

·        Inappropriate display of affection

·        Vandalism

·        Tampering with safety equipment

·        Stealing

·        Gambling

·        Hazing (see page 15)

·        Distribution of prescription or over-the-counter drugs

·        Acting under the influence of any controlled substance

·        Possession of alcohol, drugs, or drug paraphernalia (See Drug & Alcohol Policy)

·        Possession, use, or distribution of dangerous weapons

·        Possession of hazardous/flammable/explosive material

·        Any act which constitutes a criminal act under the federal, state, or local statutes

·        Possession of printed matter intended to promote violence or to harm others such as printed material on the construction of bombs or weaponry

·        Misbehavior on fieldtrips or excursions.

·        Destroying or inappropriately marking test materials (MCAS, PSAT, SAT, etc.)

·        Not serving detention or ISS as assigned

·        Bullying (Bullying is a conscious, deliberate, hostile and repeated behavior by one or more people, which is intended to harm others.)

 

Possible Responses to Major Infractions:

·        Referral to school's SPOT committee and/or parent conference

·        Administration-assigned detention

·        Loss of privilege to participate in field trips and/or excursions (See Field Trip Rules on page 26 in white pages in handbook)

·        Suspension (in school or out of school as applicable)

·        Required group or individual counseling

·        Community service (cleaning school, washing tables, etc.)

·        Expulsion

·        When appropriate, school officials will contact law enforcement officials and assist in prosecuting the offender

 

Due Process

 

Due process procedures provide fairness to students in disciplinary matters.  A student to be punished by detention is entitled to a verbal or written notice of the violation and an opportunity to respond before detention is assigned.  A 24-hour notice of detention will be given. 

 

In cases of short-term suspension, a student is entitled to verbal or written notice of the violation, an explanation of the evidence against her/him, and the opportunity to present her/his side of the story to the assistant principal.  Notice of the reason for suspension and an opportunity to present her/his side of the story will occur before being asked to leave school grounds, except when a student presents an immediate threat to school officials, another student, or her/himself, or clearly endangers the school environment.  In this case, the notice and opportunity to speak will be provided within 48 hours (excluding weekends, holidays or school vacations.) 

 

In cases of long-term suspension or expulsion, the student shall receive written notice of the opportunity for a hearing. The student may have representation, present evidence, and witnesses at such hearing.  If the principal expels a student, the hearing shall be before the principal. The student may appeal the decision of the principal to the superintendent within ten calendar days.

 

Student Searches

 

Teachers and other school officials are permitted to search a student and/or the student's possessions such as handbags, bookbags, backpacks, etc., when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school. Reasonable grounds may include a school official's personal observation that the student possesses contraband material on school grounds or the school official's receipt of a report to that effect by a teacher, another school employee, a student, or some other reliable source.  Lockers are considered school property and are subject to search by school officials at any time.  A search will be limited to areas and objects that reasonably could be expected to contain the contraband material. (See car policy on page 14 of the white pages.)

 

Detention

 

Detention is defined as any action requiring a student to be present on school grounds in a designated area at a time other than normal school hours.  Detention is often employed as a response to any incident in which a student's behavior causes instructional time to be lost for him/her or any fellow student.  Examples of this type of behavior are listed under both "Minor" and "Major" infractions.   Detention begins promptly at 2:30 p.m. and last 30 minutes for middle school and 60 minutes for high school. While in detention students are required to perform schoolwork, remain quiet, and adhere to posted rules. Failure to promptly serve assigned detention will result in an ISS. The original assigned detention must still be served.

 

Loss of Privileges and Participation in School Activities

 

Participation in school-sponsored activities is a privilege. Loss of privileges such as participation in school dances, senior farewell, prom, etc., may result if a student fails to serve office-assigned detention, return (or pay for) overdue library books, pay for lost or damaged textbooks, or pay for damaged school property.

In-School Suspension

 

In-school suspension (ISS) is defined as an action which requires a student to report to a supervised "suspension room" where the student is held in isolation from the rest of the student body for one or more whole or partial school days.

 

The intent of the ISS program is to provide an alternative disciplinary measure while maintaining a continuing program for students.  Students will be required to perform schoolwork while in ISS, remain quiet, and adhere to the posted rules. Students may be required to meet with a school adjustment counselor each day during the suspension.  Students may be assigned to ISS when they are guilty of misconduct listed under the category of "Major Infractions."

 

Out-of-School Suspension

 

Out-of-School Suspension (OSS) is defined as any action that requires a student to remain away from school grounds. Short-term suspension is defined as a period of time not to exceed ten (10) school days in duration.  Long-term suspension is defined as a period of time exceeding ten (10) school days in duration. Violation of the terms of a suspension may result in prosecution for criminal trespass and/or other legal actions as deemed necessary by the school administration.  Students may be suspended by the administration when they are guilty of misconduct listed under the category of Major Infractions.  If a suspension brackets a school vacation, the student is not permitted to attend school-sponsored activities (home or away) during the vacation period and cannot be on school grounds without a specific reason and prior permission of the principal or assistant principal.

 

Removal From a Course

 

A student who frequently violates classroom rules, repeatedly disrupts the educational decorum of a class, or presents a safety hazard in a course such as wood shop or science lab, may be removed from the course with subsequent loss of credit.  Depending on the course and the credit standing of the student, such credit loss may result in the student not graduating with her/his class.  Prior to removing a student from a course, the teacher must initiate attempts to improve the student's behavior in accordance with the procedure outlined below.  Such attempts shall include but not be specifically limited to: (not necessarily in this order)

·        Student/teacher conference

·        Office-assigned detention

·        Referral to guidance

·        Suspension

·        Parent, teacher, guidance counselor, department chair, assistant principal, and student conference

The parent, teacher, guidance counselor, department chair, assistant principal, and student conference will result in a specific written recommendation to the principal to either continue the student in the course or to remove the student from the course.  If the student is recommended to continue in the course, the recommendation must include the conditions the student must meet in order to remain in the course.  The written conditions must be signed and agreed to by the student.  If the student is recommended for removal from the course, the recommendation must include the resulting credit and schedule consequences and proposed alternatives.  The principal shall make a decision to either continue or remove the student from the course within three school days from the receipt of the recommendation.

 

A student who engages in dangerous behavior or tampers with safety equipment in a science lab, wood shop, or other course where dangerous material or machinery is used, may be removed from the course by the principal on a temporary basis not to exceed 5 school days. During this period, a parent, teacher, guidance counselor, department chair, assistant principal, and student conference shall be convened as described above.

 

If a student is passing the course at the time of removal, neither the course nor a grade for the course will appear on the transcript.  If a student is failing the course at the time of removal, a grade of "F" will appear on the transcript.

 

Expulsion

 

Expulsion is defined as permanent exclusion from school. A student may be expelled if:

1.      the student was found to be in possession of a dangerous weapon (see Weapons Policy);

2.      the student was found to be in possession of a controlled substance (see Drug and Alcohol Policy);

3.      the student assaulted a principal, assistant principal, teacher, teacher aide, or other member of the school staff (see definition of assault);

4.      the student was charged with or committed a felony either on or off school grounds (see policy for suspension or expulsion of students for conduct outside of school or school-related functions)

5.      the continued presence of the student in school would endanger the physical safety of others or cause substantial interference with the right of others to pursue an education;

6.      the student violated school regulations as defined in the reasons for suspension at least three times during one school year and that each violation was serious enough, in the absence of other violations, to warrant suspension.

 

When a student is expelled under the preceding provisions of 1 through 6, no school or school district within the Commonwealth shall be required to admit such student or to provide educational services to said student. If the student does apply for admission to another school or school district, the superintendent of the school district to which the application is made may request and shall receive from the superintendent of the school expelling said student a written statement of the reasons for said expulsion. (Educational Reform Act of 1993, Ch. 71, S. 37H)

 

Definition of Assault

 

Assault means harming another person, or threatening to harm another person, under circumstances that cause the other person reasonable fear of bodily harm. The person making or threatening the assault must appear to have the ability to actually attempt or carry out the assault.

 

Suspension or Expulsion of Students for Conduct Outside of School or School-Related Functions.

 

The principal may suspend a student who has been charged with a felony, or is the subject of a felony delinquency complaint, for a period of time determined appropriate by the principal, if the principal determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school. The principal may expel a student who has been convicted, adjudicated, or admitted guilt with respect to a felony delinquency if the principal determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school. (Chapter 71, section 37 ½ )

 

In Massachusetts, a felony is any crime for which a statute authorizes punishment by incarceration in a state correctional facility (as opposed to a House of Correction), regardless of the actual sentence imposed. Felonies range in seriousness from property crimes (such as larceny of property valued at over $250) to violent crimes against a person.

 

 

 

School Safety

 

Anti-Terrorism Law – Making Threats

Chapter 313 of the acts of 2002 specifies that any individual who willfully communicates a threat resulting in the evacuation or serious disruption of the school, school related event, or school transportation, shall be punished by imprisonment in the state prison for not less than 3 years, nor more than 20 years or imprisonment in the house of correction for not less than 6 months nor more than 2 ½ years or by fine of not less than $1,000 nor more than $50,000, or by both fine and imprisonment.

 

Prohibiting Disturbance of School or Public Meeting

 

Chapter 272, Section 40. Whoever willfully interrupts or disturbs a school or other assembly of people met for a lawful purpose shall be punished by imprisonment for not more than one month or by a fine of not more than fifty dollars; provided, however, that whoever, within one year after being twice convicted of a violation of this section, again violates the provisions of this section shall be punished by imprisonment for one month, and the sentence imposing such imprisonment shall not be suspended.

 

 

 

 

 

Special Needs

 

All students are expected to meet the requirements for behavior as set forth in this Code of Conduct.  Chapter 71B of the Massachusetts General Laws requires that additional provisions be made for students who have been found by an evaluation TEAM to have special needs and whose program is described in an Individualized Educational Plan (IEP).  The following additional requirements apply to the discipline of special needs students.

 

1.      The IEP for every special needs student will indicate whether that student is expected to meet the regular discipline code or if the student's handicapping condition requires a modification.  Any modification will be described in the IEP.

 

2.      The Principal (or designee) will notify the Special Education Office of the suspendable offense of a special needs student, and a record will be kept of such notices.

 

3.      When it is known that the suspension(s) of a special needs student will accumulate to ten days in a school year, a review of the IEP will be held to determine the appropriateness of the student's placement or program.  The TEAM will make a finding as to the relationship between the student's misconduct and her/his handicapping condition and either:

a)         design a modified program for the student, or

b)         write an amendment to provide for the delivery of special education services during a suspension exceeding ten (10) cumulative days and any needed modification of the IEP relative to discipline code expectations.

 

Section 1415 of the Individuals with Disabilities Act (IDEA) sets forth the following procedures with respect to the suspension of students with special needs. School personnel may order a change in placement of a child with a disability to an appropriate interim alternative setting, or suspension, for not more than 10 school days (to the extent that such alternatives would be applied to children without disabilities.

 

If a student with special needs is in possession of a weapon or illegal drugs, commits an assault against school personnel, or sells or solicits the sale of a controlled substance while at school or at a school function, school personnel may order a change in placement to an appropriate interim alternative educational setting for the same amount of time that a child without a disability would be subject to discipline, but not for more than 45 days.

 

When a student with a disability or suspected disability has been suspended or placed in an alternative setting for 10 days (cumulative), the IEP team will convene to conduct a Functional Behavioral Assessment, including a Manifestation Determination, and will develop a Behavioral Intervention Plan that will be accepted by the IEP team. If the student has an existing behavioral intervention plan, The IEP team will review the plan and modify if necessary.

 

If an alternative educational setting is warranted, the placement will be determined by the IEP team. The placement will be selected so as to enable the child to continue to participate in the general curriculum in another setting and will ensure the provision of those services and modifications described in the student’s IEP that will enable the student to meet the goals set forth in the IEP.

 

In addition, the Department of Education will be notified, as required by law; and the procedures promulgated by the Department of Education for requesting approval of the alternative plan will follow.

Computer Policy

 

1. Use of computers and the Internet in the school is a privilege rather than a right.
2. Abuse of rules and procedures will lead to loss of access to computers in the school.
3. Students taking courses that require access to computers for successful completion of course requirements are at risk of course failure if their abuse of computer use rules and procedures leads to their losing access to computers.

 

Consequence of Severe Computer misconduct:

 

The use of any software or hardware to circumvent or compromise the schools computers or network (i.e. password hackers, packet sniffing, viruses, connection sharing, worms, proxies, anonymizers, etc…) will be treated automatically as a major infraction. The student will also be subject to the Massachusetts Computer Crime Bill.

 

Massachusetts Computer Crime Bill

 

Under the provisions of the Massachusetts Computer Crime Bill, it is illegal to access any computer system or part of a computer system that you do not have permission to use.  This is known as electronic trespass.  It is also illegal to alter or destroy electronic data such as files and passwords.  This applies to any computer, whether or not it is connected to a network. Chapter 266, section 120F of the Massachusetts Computer Crime Bill includes the following:

 “Whoever, without authorization, knowingly accesses a computer system by any means, or after gaining access to a computer system by any means knows that such access is not authorized and fails to terminate such access, shall be punished by imprisonment in the house of correction for not more than thirty days or by a fine of not more than one thousand dollars, or both. The requirement of a password or other authentication to gain access shall constitute notice that access is limited to authorized users.”

 

Cell Phone/Personal Electronics Use

 

Use of a cell phone and other personal electronic devices are not permitted for any reason during the school day. That means that cell phones and other electronic devices must be turned off during the school day.

 

Students are not allowed to capture video images or audio recordings of any person(s) in the school building at any time. This includes film and digital cameras, the video component of a video phone, video recorders, or through the use of any other technology used to capture or record a video image or audio recording(s). Exceptions will be made for students fulfilling the requirements of a photography course or other course or activity where such activity is assigned by the teacher or advisor.

 

 

Restroom Policy

 

In addition to all other school rules, the following rules apply to restrooms:

·        Do not store bookbags or personal belongings in the restroom – it is not your locker

·        Only one person per stall at all times

·        No consumption of food or drink

·        No sitting on sinks

·        No “Littering, Loitering, or Lounging”

 

 

Tobacco Policy

 

The use or distribution of tobacco (including but not limited to smokeless/chewing tobacco, cigarettes, etc.) and tobacco-like products on school property or school busses is strictly forbidden. Also, the Lenox Board of Selectmen voted on November 19, 1990, to prohibit smoking within all public buildings, at all times, by all persons.  Therefore, the following statement applies to all students of Lenox Memorial and their guests:

 

Students of Lenox Memorial and their guests shall not smoke or in any other way consume tobacco or tobacco-like products in any school building or on school grounds or school busses or during school-sponsored activities. In addition, persons under the age of 18 may not possess tobacco products in school or on school grounds.

 

Suspicion of violation of the tobacco policy constitutes reasonable grounds to conduct a search of pockets, handbags, bookbags, backpacks, etc. The purpose of a search is to find tobacco products. Refusal to comply with a request to search is considered a major infraction of school rules.

 

Reasonable suspicion of violation of the tobacco policy will include the following:

·        Smoke coming from a bathroom stall

·        More than one person in a bathroom stall

·        A lit cigarette in your possession or in your immediate proximity

 

First Offense: one day of in-school suspension; parent conference; recommendation of student enrollment in smoking cessation program; restricted bathroom use as specified by the assistant principal.

 

Second and all Subsequent Offenses: two days of in-school suspension; parent conference and continued smoking cessation counseling; continued restricted bathroom use as specified by the assistant principal.

Weapons Policy

 

Possession of a dangerous weapon, not limited to a gun, gun replica (starting gun, airsoft gun, pellet gun, etc.) or knife, on school property or when associated with or participating in any school-sponsored activity may result in expulsion or other disciplinary action. A variety of objects when used for the purpose of intimidation or injury will be considered as a weapon.  A student who wishes to bring to school, for the purpose of display or other school-related reason, any item that may be considered as a weapon may do so only with the express written consent of the principal.

 

In accordance with Massachusetts law (SEC. 37L of C. 71), all school personnel shall report in writing to the assistant principal or principal incidents involving a student's possession or use of a dangerous weapon on school premises or at any school-sponsored or school-related activity at any time.

 

The assistant principal or principal shall file reports with the superintendent, who shall file them with the chief of police, Department of Social Services, and school committee.

 

The student shall receive an assessment arranged by the superintendent, police chief, and the Department of Social Services.  The student shall be referred to counseling and be reassessed by those involved in the initial assessment upon conclusion of the counseling.

 

 

Drug and Alcohol Policy

 

The following procedures and penalties shall apply in cases regarding student possession of alcohol or controlled substances.  Students are strictly forbidden from using or possessing any and all controlled substances. This applies while on school property, while on any property used for public school purposes, including but not limited to bus stops, school buses, athletic fields, and the public areas adjacent to the school, and while participating in any school-related function, including field trips. Reasonable suspicion of alcohol use may result in a sobriety test administered by police.

 

If a student uses, sells, distributes or possesses alcohol or a controlled substance (not limited to marijuana, cocaine, heroin) or drug paraphernalia, the administration may immediately suspend the student from school for up to 10 days. During this suspension, the principal will consider long-term suspension or expulsion in cases involving controlled substances.

 

In addition, the administration may: (not necessarily in this order)

1.      Notify the student's parents and, whenever feasible, hold a parent/student conference prior to the student's return to school

2.      Notify the student's guidance counselor

3.      Refer the student to the SPOT Committee

4.      Recommend the student seek counseling through a social agency

5.      Refer the student to the Lenox Youth Drug and Alcohol Committee

6.      Notify police

 

Criminal Laws Related to Controlled Substances

 

32J.  Persons in Possession of Controlled Substances within School Boundaries.

 

Any person who violates the provisions of section thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F, or thirty-two I while in or on, or within one thousand feet of the real property comprising a public or private elementary, vocational, or secondary school whether or not in session shall be punished by a term of imprisonment in the state prison for not less than two and one-half nor more than fifteen years or by imprisonment in a jail or house of correction for not less than two nor more than two and one-half years.  No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of two years.  A fine of not less than one thousand nor more than ten thousand dollars may be imposed but not in lieu of the mandatory minimum two-year term of imprisonment as established herein.  In accordance with the provisions of section eight A of chapter two hundred and seventy-nine such sentence shall begin from and after the expiration of the sentence for violation of section thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty two D, thirty-two E, thirty-two F or thirty-two I.

 

Lack of knowledge of school boundaries shall not be a defense to any person who violates the provisions of this section. (Added by L. 1989, chap. 227(2), eff. 7/11/89.)

 

32K.  Persons Encouraging Minors to Associate with Controlled Substances.

 

Any person who knowingly causes, induces or abets a person under the age of eighteen to distribute, dispense or possess with the intent to distribute or dispense any controlled substance as defined herein, or to accept, deliver or possess money used or intended for use in the procurement, manufacture, compounding, processing, delivery, distribution or sale of any such controlled substance shall be punished by imprisonment in the state prison for not less than five years nor more than fifteen years.  No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of five years and a fine of not less than one thousand nor more than one hundred thousand dollars may be imposed but not in lieu of the mandatory minimum five year term of imprisonment established herein.  (Added by L. 1990, chap. 198, eff. 11/12/90.)

 

Non-Lenox Memorial students who violate any aspect of the school's Drug and Alcohol Policy shall be reported to the police and, when applicable, to the officials of their school.

 

 

Cheating/Plagiarism

 

Cheating is to act dishonestly, to trick, mislead or fool.  Plagiarism is taking from another his/her ideas, writings, etc., and passing them off as one's own. Any form of cheating or plagiarism is an act of dishonesty and is strictly prohibited.  All parties involved in such dishonesty, including students who aid or abet, are in violation of this policy and subject to disciplinary action. Cheating/Plagiarism includes but is not limited to:

1.      copying of another student's test paper or any other school assignment

2.      using material during a test which is not authorized by the person giving the test

3.      collaborating with another student during a test or other school assignment without teacher consent

4.      knowingly using, buying, selling, stealing, transporting, or soliciting in whole or part the contents of a test or other assignment

5.      substituting for another student or permitting another student to substitute for one's self to take a test or complete an assignment

6.      bribing another person to obtain a test or other assignment that is to be administered

7.      securing copies of a test or answers to a test or other assignment in advance of a test or assignment

8.      copying from print or electronic sources without proper citation (see Internet Rules and Guidelines).

9.      Use of technology to share information (i.e. video phone, text messaging)

 

Consequences:

 

In addition to any or all of the "Possible Responses to Major Infractions" listed in the Code of Conduct, one of the following consequences will apply:

1)      failure of the course for the year if the cheating/plagiarism occurs on any major course requirement such as a term paper or final exam

2)      failure of the course for the quarter if the cheating/plagiarizing occurs on a major quarter assignment

3)      a zero grade (to be averaged in as a zero) on that assignment if the cheating/plagiarism occurs on any other quarter assignment or homework assignment.  Repeated offense(s) may result in failure of the course for the quarter.

 

Appeal Process:

 

1)      The student involved may appeal the decision of the classroom teacher.  The burden of proof to reverse the findings and/or decision of the teacher will be upon the student.

 

2)      Appeals will be heard by an appeals board, annually appointed by the principal and comprised of three teachers representing different subject areas, the department chair of the teacher, and two student members. The student members will be selected from high school class officers and the high school Student Council.

3)      The appeals process shall not exceed two weeks from the time the appeal is initiated (excepting school vacations).  Where applicable the diploma will be withheld pending the decision.

 

Civil Rights and Safety

 

Lenox Memorial Middle and High School is committed to equal employment and educational opportunity for all employees, students, and members of the school community without regard to appearance, race, color, religion, sex, national origin, age, sexual orientation, or disability in all aspects of employment and education.  The members of the school community include the School Committee, administration, staff, students, and volunteers working in the schools while they work and study subject to the school authorities.

 

Lenox Memorial Middle and High School is also committed to maintain a school and work environment free from harassment based on, but not limited to, appearance, race, color, religion, sex, national origin, age, sexual orientation, or disability.  Lenox Memorial expects all employees and members of the school community to conduct themselves in an appropriate and professional manner with concern for their fellow employees and students. All members of the school community must also understand that illegal harassment violates Title VII of the Federal Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and 603 CMR 26 of the Massachusetts General Laws.

 

Lenox Memorial Middle and High School is committed to prevention, remediation, and accurate reporting of bias incidents and civil rights violations, to the end that all students can enjoy the advantages of a safe and tolerant learning environment where individual differences are respected. Rules and regulations pertaining to the protection of civil rights are in force during regular school hours, while students are being transported on a school bus, and at such times and places such as school-sponsored events, field trips, athletic functions, and other activities where the school has jurisdiction over students.  

Hazing

 

Chapter 269, Section 17.  Whoever is a principle organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than one thousand dollars or by imprisonment in a house of correction for not more than one hundred days, or by both such fine and imprisonment.

 

The term "hazing" as used in this section and in sections eighteen and nineteen shall mean any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person.  Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely effect the physical health or safety of any such student or other person, or which subjects such student or other person to extreme mental stress including deprivation of sleep or rest or extended isolation.

 

Section 18.  Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable.  Whoever fails to report such crime shall be punished by a fine of not more than five hundred dollars.

Section 19.  Each secondary school and each public and private school or college shall issue to every group or organization under its authority or operating on or in conjunction with its campus or school, and to every member, plebe, pledge or applicant for membership in such group or organization, a copy of this section and sections seventeen and eighteen.  An officer of each such group or organization, and each individual receiving a copy of said sections seventeen and eighteen shall sign an acknowledgment stating that such group, organization or individual has received a copy of said sections seventeen and eighteen.

 

Discrimination

 

Discrimination consists of actions taken against another person that treat him or her unequally because of race, religion, national origin, disability, sexual orientation, or gender bias.

 

Civil Rights Violations

 

Civil rights violations occur when a person interferes by threats, intimidation or coercion with another person’s enjoyment of rights guaranteed under the Massachusetts or United States constitutions. These rights include the right to attend school without being subjected to discrimination and also include an individual’s right to attend school free from violence, threats of harm, intimidation or damage to his or her personal property.

 

Artwork by Betsy Baczek, Class of 2008

Identification and Definitions of Prohibited Conduct

 

Unlawful Harassment

 

Harassment consists of unwelcome behavior of a verbal, written, or physical nature, which is either repeated or severe, and which creates a hostile, humiliating, intimidating or offensive school environment, or substantially interferes with a student’s education (or a staff member’s ability to work). Harassment is a form of discrimination.  The types of harassment defined below consist of verbal, written, or physical contact that:

• Has the purpose or effect of creating an intimidating, hostile, or offensive learning environment.
• Has the purpose or effect of substantially or unreasonably interfering with an individual’s academic performance.
• Otherwise adversely affects an individual’s academic opportunities.

 

Sexual Harassment

 

Sexual Harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other written, verbal, or physical conduct or communication of a sexual nature.  Sexual Harassment can take two forms: quid pro quo and hostile environment:

 

Quid pro quo (literally “this for that” but meaning something for something”) sexual harassment occurs when a school employee explicitly or implicitly conditions a student’s participation in an educational program or activity, or bases an educational decision on the student’s submission to unwelcome sexual advances, requests for sexual favors, or other verbal, non verbal, or physical conduct of a sexual nature, whether or not the student submits to the conduct.

Hostile environment sexual harassment occurs when unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal, or physical conduct of a sexual nature by another student, a school employee, or a third party are sufficiently severe, persistent, or pervasive to limit a student’s ability to participate or benefit from an educational program or activity or to create a hostile or abusive educational environment. A single incident, depending upon its severity, may constitute illegal harassment. Sexual harassment includes conduct that is also criminal in nature such as rape, sexual assault, and stalking and similar offenses.

 

Sexual Harassment can include, but is not limited to the following:

• Verbal harassment or abuse of a sexual nature.
• Pressure or requests for sexual activity.
• Inappropriate touching, unwelcome leering, or sexual gestures.
• Demanding sexual favors accompanied by implied or overt threats concerning (an individual employment or) a student’s educational status.
• Displaying any sexually suggestive objects, pictures, cartoons, photos, videos or films.
• Inquiries into an individual’s sexual experiences or activities.
• Spreading rumors about or rating other student’s sexual activity or performance.
• Continuing to express sexual interest after being informed that the interest is unwelcome.
• Any sexually motivated unwelcome advances, whether or not they involve physical touching.

 

Sexual harassment is prohibited regardless of the sex of the harasser. Sexual harassment may occur even if the harasser and the person being harassed are the same sex.

Harassment Based on Race or Color

 

Racial or color harassment can include unwelcome verbal, written, or physical conduct, directed at the characteristics of the person’s race or color, such as nicknames, emphasizing stereotypes, racial slurs, comments on manner of speaking, and negative references to racial customs.

 

Harassment Based on Religion

 

Harassment on the basis of religion or creed is unwelcome verbal, written, or physical conduct directed at the characteristics of a person’s religion or creed, such as derogatory comments regarding surnames, religious tradition, or religious clothing, or religious slurs or graffiti.

 

Harassment Based on National Origin

 

Harassment on the basis of national origin is unwelcome verbal, written, or physical conduct directed at the characteristics of a person’s national origin, such as negative comments regarding surnames, manner of speaking, customs, language, or ethnic slurs.

 

Harassment Based on Sexual Orientation

 

Harassment on the basis of sexual orientation is unwelcome verbal, written, or physical conduct directed at the characteristics of a person’s actual or perceived sexual orientation, such as negative name-calling and imitation mannerisms.

 

Harassment Based on Disability

 

Disability harassment includes harassment based on a person’s disabling mental or physical condition and includes any unwelcome verbal, written, or physical conduct directed at the characteristics of a person’s disabling condition, such as imitating manner of speech or movement, or interference with necessary equipment.

 

Discrimination: Discrimination consists of actions taken against another person that treat him or her unequally because of race, religion, national origin, disability, sexual orientation, or gender bias.

 

Civil Rights Violations: Civil rights violations occur when a person interferes by threats, intimidation or coercion with another person’s enjoyment of rights guaranteed under the Massachusetts or United States constitutions. These rights include the right to attend school without being subjected to discrimination and also include an individual’s right to attend school free from violence, threats of harm, intimidation or damage to his or her personal property.

 

Hate Crime: A hate crime is any crime in which the victim is targeted for physical assault, threat of bodily harm or intimidation, at least in part, because he or she is a member of a different race, color, religion, ethnic background, national origin, or sexual orientation from the offender or because he or she has a disability.

 

Bias Incident: A bias incident is any act, physical, written or verbal, which is directed at a person or property because of his or her actual or perceived race, color, religion, gender, national origin, ethnic background, sexual orientation, or disability. A hate or bias incident may or may not rise to the level of a crime.

 

Reporting Violations

 

Any violation of this policy should be brought to the attention of the principal or assistant principal.  A student may also report violations of this policy to a teacher, nurse, or counselor who will in turn report the violation to the principal or assistant principal.  The principal or assistant principal will conduct an investigation and take appropriate action. Both formal and informal measures are available to resolve complaints of violations of this policy.

 

Consequences

 

Any student found to have engaged in harassment shall be subject to any or all of the "Possible Responses to Major Infractions" listed in the Code of Conduct.  Any employee or other member of the school community found to have engaged in harassment shall be subject to sanctions, including but not limited to, warning, suspension, or termination subject to applicable procedural requirements. Depending upon the severity of the reported incident, the principal or assistant principal will determine if a report to law enforcement is required.

 

Under certain circumstances, sexual harassment may constitute child abuse under Massachusetts Law, G.L.c. 119 - 51A.  Lenox Memorial shall comply with Massachusetts laws in reporting suspected cases of child abuse.

 

Protection from Reprisal and Retaliation

 

Submission of a good faith complaint or report of unlawful harassment or a civil rights violation will not affect the complainant or reporter’s future employment, grading, learning environment or work assignments.

 

The school will discipline or take other appropriate action against any student, teacher or administrator or other school personnel who retaliates against any person who reports an incident or alleged unlawful harassment and/or civil rights violation, or any person who testifies, assists or participates in a proceeding, investigation or hearing relating to such report of unlawful harassment or civil rights violation. Retaliation includes, but is not limited to, any form of intimidation, as well as any action taken to harm an individual because he or she made a report of unlawful harassment or civil rights violation. 

 

Claims of unlawful harassment or a civil rights violation that are made in bad faith will subject the complainant to discipline.

 

 

 

School Bus Code

 

School bus riders are expected to obey the following bus rules.  Misbehavior on a school bus is punishable at school and may result in the loss of the privilege to ride the school bus. All aspects of the Code of Conduct apply.

 

Students should:

1. Be on time for the bus;
2. Stay off the road while waiting for the bus;
3. Board the bus in a single line in an orderly manner;
4. Be seated promptly without disturbing others; remain seated while the bus is moving;
5. Obey specific instructions given by the bus driver in the interest of safety;
6. Exhibit appropriate conduct, as outlined in the rest of the code;
7. Keep aisles clear;
8. Keep arms, hands, and objects inside the bus.

 

Students should not:

1.      Throw objects from or within the bus;

2.      Eat or drink on the bus;

3.      Smoke or light matches while on the bus;

4.      Vandalize personal or bus company property;

5.      Engage, operate, tamper with, or otherwise disturb any door, equipment, or other facility for regular or emergency exit.

 

Students who fail to comply with any regulation governing safe and proper behavior while riding the bus may lose the privilege of using the bus for transportation as well as being subject to other disciplinary action.

Artwork by Rebecca Barrow, Class of 2008

LENOX MEMORIAL ATHLETIC CODE

 

The Interscholastic Athletic Program at Lenox Memorial is an important part of the total school program and is open to all students in grades 7 – 12. Home schooled students are not eligible to participate in the athletic program at LMMHS. Participation in the athletic program is a privilege, and every student in the athletic program must adhere to the training rules and responsibilities of the individual sport.  Although regulations and team rules vary from sport to sport, all sports are conducted under the general rules of the Massachusetts Interscholastic Athletic Association (MIAA).  In addition to the rules and regulations set forth in the Code of Conduct, athletic program participants are also governed by the High School Athletic Code.

 

The athletic director is responsible for ensuring that all coaches and athletes adhere to the general and specific rules as set forth by the MIAA. The rules and regulations in this athletic code shall apply to any violation, on or off the school premises, at any point during the school year.

 

A coach may implement additional rules or regulations only if first approved by the athletic director and principal.

 

 

General Regulations

 

1. Massachusetts Interscholastic Athletic Association rules must be followed in all cases of eligibility, transfer, physical examinations, insurance coverage, starting dates, use of school equipment, etc.  Each coach has the responsibility to know and enforce school and MIAA regulations and to inform team members and parents of their responsibilities.

 

2. A bona fide team member of a school team is a student who is consistently present for, and actively participates in, all school team sessions (i.e. practices, tryouts, competitions). Bona fide members of a school team are precluded from missing a school practice or competition in order to participate in a non-school athletic activity/event in any sport recognized by the MIAA (for example: missing softball practice to play in a spring soccer game). Any student who violates this standard is ineligible to for the next two contests or two weeks (whichever is greater) immediately upon confirmation of the violation. (Rule # 45, MIAA Blue Book)

 

3. Conviction of a felony or conduct by a student athlete that is determined by the head coach and/or school administration to be detrimental to individual athlete(s), the athletic program, school, or school district will result in an individual conference with the head coach, athletic director, and/or school administration and possible suspension from the team.

 

4. No athlete may quit one sport and try out for another after the season has begun without the mutual consent of both coaches. An athlete may not join a team that requires tryouts after cuts have been made.

 

5. Athletes must travel to and from contests held away from Lenox in transportation provided by the school.  If an exception is made and a student is to drive, s/he must adhere to Department of Motor Vehicle regulations concerning driving restrictions. The only exceptions are:

a.       Injury to a participant that would require alternate transportation.

b.      Prior arrangement between the participant's parent/guardian and the coach and school administrator/athletic director.

 

6. Unsportsmanlike conduct or use of profanity during a practice or contest will result in an individual conference with the head coach and/or athletic director and possible suspension from the team.

 

7. Students are expected to attend all practices and competitions including those held during school vacations.  Practices or competitions missed as a result of a school excursion or family vacation will be considered excused when prior notification is provided to the head coach.  After returning from said vacation or school excursion, for reasons of safety and/or performance, position on the team is left to the discretion of the coach.

 

8. Unexcused absence from a scheduled practice or game shall be handled in the following manner:

 

a.       The first violation (per team, per season) will result in suspension from the next team competition following the athlete's return.  The coach will notify the athletic director and the parent of the action.

b.      A second violation will result in suspension from the team for a period of time ranging from one competition to all the remaining competitions.  The coach may allow the athlete to continue to practice with the team.  Before implementing such a suspension, the coach shall review the situation with the athletic director and inform the parent/guardian of any suspension.

c.       Absences that are excused or that occur for the reasons defined above shall not result in the punitive action outlined in (a) or (b).

 

9. An athlete suspended from school (ISS or OSS) is also suspended from the team for the entire duration of the suspension.  This includes practices, games, and any other team activities.

 

10. A student must complete the sport's season in order to be eligible for a sport letter or other team or individual award.  (Exception:  injury that limits participation.)  No award will be given to a student suspended for the remainder of the season for Athletic Code violations.

 

11. All athletes are required to take and participate in physical education.

 

12.  Hazing or initiation practices are prohibited. See page 33 in the white pages of Handbook section for more information about hazing.

 

Academic Eligibility

 

To compete in a contest, a student must have passed 25 credit hours in the preceding marking period. The 25 credit hours must include a minimum of four major subjects. Fall sports' eligibility is based on the final grades for the preceding school year.  A major course is defined as a course that provides the amount of credit equal to an English course that meets on a daily basis.  Academic eligibility shall be considered official on the date that report cards are issued.  Incomplete grades do not count toward eligibility.

 

In addition:

·        A student who repeats a course in which s/he has already received credit cannot count that subject a second time for eligibility.

 

·        Courses taken during the summer vacation, unless that course was previously taken and failed, do not count toward eligibility.

 

·        Students receiving services under Chapter 766 whose Individualized Education Plan is a 502.4 or more restrictive prototype may be declared academically eligible by the principal provided that all other eligibility requirements are met.

 

Medical Eligibility

 

Any student dismissed from school during the school day or excused from physical education by the nurse may not participate in a practice or play in a game on that same day. Before participating in any sport, each student must have a physical exam by a licensed physician and submit a form showing proof of the physical examination.  One physical will suffice for all sports activities within a thirteen month period.

 

Any student who has been treated by a physician for an illness or injury that might affect participation will not be permitted to return to active participation without the physician's written consent.  However, should the parents decide to place their son/daughter under the care of another licensed physician willing to authorize participation, the school nurse will accept his/her written statement specifically granting permission to participate.  It is the parents' responsibility to inform the school nurse of any illness or injury of this type and to submit to the school nurse the appropriate written clearance from the physician.  For an injury that was not treated by a physician, permission must be received from the school nurse in order for a student to return to practice and/or competition.

 

Training

 

Use or possession of tobacco or illegal substances such as drugs, alcohol, steroids, or misuse of over-the counter drugs/substances is prohibited. In addition to punishments prescribed by law and/or the Code of Conduct, the following consequences will apply to an athlete if he/she is found to have violated the policy at any time within the school year. The athlete will lose game eligibility during the next sport’s season in which he/she participates.

 

1.      First offense: The individual will lose eligibility for 25% of all interscholastic contests in that sport starting with the next interscholastic contest. The individual shall be required to participate in practices for the purpose of rehabilitation and shall be referred to a substance abuse counselor. An individual who elects not to attend practices shall be excluded from further participation on the team during that sport's season. If the violation occurs with less than 25% of contests remaining, the remaining contests will be continued to the next sports season in which the student participates.

 

2.      Second offense: The individual will be ineligible for any further athletic participation at Lenox Memorial. However, after three months, a student may become eligible following successful completion of a school-approved rehabilitation program so long as the student has missed at least 60% of all interscholastic contests in that sport.

 

3.      Third offense: The individual will be ineligible for any further athletic participation at Lenox Memorial.

 

NOTE:  Offenses are cumulative during the student's participation in interscholastic athletics beginning at grade 7 and culminating at the conclusion of the senior year.   For example, the first offense could be in grade 7, the second offense in grade 9, etc.  Before any suspension or exclusion provided for under these rules shall take effect, the head coach and athletic director shall verbally advise student of the alleged violation; and the student will have an opportunity to present his/her explanation to the head coach, athletic director, and/or administration.  If disciplinary action is determined to be justified after such a meeting, the athletic director will send written notification to the student and parents.

 

School Attendance Requirements

 

Athletes are expected to be in school on time and to remain in school for the entire day. Students with an excused tardy must be in attendance prior to the start of second period in order to participate in an athletic activity.  Any student who must leave school before the school day is completed must have permission from his/her parent/guardian and from the assistant principal or athletic director in order to practice or play on that day.

 

Students attending a field trip are considered to be in school for the day and are eligible to play or practice that day. However, if the field trip will extend beyond the school day, athletes are expected to fulfill their academic obligations before their athletic activity. If conflicts arise, athletic contests will be rescheduled when possible. If a student is unable to avoid a conflict and a special circumstance exists, he/she may appeal the rule with the assistant principal/principal and the athletic director.

 

Athletic Fees   

 

Any athletic fees must be paid in full prior to any athlete receiving a uniform. If there is a financial concern, the athletic fee or a portion of the fee may be waived with permission of the principal and/or the athletic director. Payment of the fee will have no bearing on whether an athlete makes a team or how much an athlete will play in contests. If an athlete quits or leaves a team prior to the end of the second week a full refund will be given. A 50% refund will be given in the first half of the season and no refund if an athlete leaves in the second half of the season.   

ATHLETIC PROGRAM

SIGNATURE PAGE

2008/09

 

Student Signature:

 

 

I, _________________________________________________, would like to be a participant in the Lenox Memorial interscholastic athletic program.  I certify that I have received and read the Lenox Memorial Athletic Code and hereby agree to abide by its provisions.

 

 

Signed:                                                                            /                                                      

                        (Student Name)                                                            (Grade)

 

Date: _________________________________________________

 

 

 

Parent(s)/Guardian(s) Signature:

 

 

I/We as parent(s)/guardian(s) of _______________________________________ give permission for my/our son/daughter to participate in the sport of _________________. I/we understand the dangers of the sport and are aware of the possibility of injury. I/we certify that we have read the rules and regulations of the Lenox Memorial Athletic Code and are aware of the provisions and penalties as stated herewith.

 

 

Signed: _______________________________________      Date: ___________

               (Parent/Guardian)

 

               ______________________________________     Date: ___________

               (Parent/Guardian)

 

 

 

 

Sport: ___________________________________ Season: ________________

 

 

CODE OF CONDUCT

SIGNATURE PAGE

 

 

 

 

This certifies that I have received a copy of the 2008-09 Lenox Memorial Student Handbook that includes the CODE OF CONDUCT.

 

I acknowledge that if I participate in any school-sponsored sport or activity at any time throughout the school year, I am held to the rules and regulations set forth in this handbook. I agree to comply with the rules and regulations of the Lenox Memorial Handbook and am aware of the provisions and penalties stated herein.

 

I further acknowledge that the Student Handbook includes Chapter 536 of the Acts of 1985 (also known as the Massachusetts General Law Chapter 269 Section 17-19) such law being an Act Prohibiting the Practice of Hazing.

 

 

 

Signed:                                                           /                                          

                        (Student Name)                                                            (Grade)

 

 

Date:                                                                                                         

 

 

 

ALL STUDENTS ARE REQUIRED TO SIGN AND RETURN THIS PAGE TO THE MAIN OFFICE.