The elastic clause applies to all of the above offenses.
*Behavior contract may be created for student with a parent meeting
**Law enforcement may be notified/BOE referral possible
~Teachers will assign ASD/Friday School
~Teachers must make a phone call home and document it in Skyward before the referral will be processed.
~Teachers can make a recommendation for ISS/OSS.
~Administration reserves the right to alter penalties when it is consider necessary
~If a SNAP suspension occurs the teacher must make contact with the family and schedule a meeting for the student to return to class.

Behavior Intervention Center (BIC)
Depending upon the severity of the behavioral offense, students may be assigned an After School Detention or time in the Behavior Intervention Center (BIC). BIC will be staffed by a certified staff member. The student will have work to complete while in BIC, but then will also have to complete a reflective piece as well to look back on the behavior and what took place. Students can ride the bus to and from school for BIC, but then remain in the BIC room for the duration of the day. If a student can not follow the behavior expectations in BIC, then a parent phone call will be made asking to pick the student up. The student could then possibly be suspended for at least the following day. Students can not participate in any extracurricular/athletic event the day that they are in BIC.

Legal Basis for School Discipline Policies

Constitution of the State of Michigan 1963 Article 8, Education:
Section 1
Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.

Section 2
The legislature shall maintain and support a system of free public elementary and secondary schools as defined by law. Every school district shall provide for the education of its students without discrimination as to religion, creed, race, color, handicap or national origin.

Michigan General School Laws & Administrative Rules

Expulsion of Pupils; Physically or Mentally Handicapped Section 1311
The board may authorize or order the suspension or expulsion from school of a pupil guilty of gross misdemeanor or persistent disobedience (including but not limited to Cyber-Bullying) when in the board’s judgment the interest of the school may demand the authorization or order. If there is reasonable cause to believe that the pupil is handicapped, and the school district has not evaluated the pupil in accordance with rules of the state board, the pupil shall be evaluated immediately by the intermediate school district of which the school district is constituent in accordance with Section 1711.

Other Duties, Rules, Safety of Pupils in Attendance
or enroute to or from School

(1) A teacher, administrator or superintendent may use reasonable physical force necessary to take possession of a dangerous weapon carried by a pupil.

(2) A teacher, administrator or superintendent may use reasonable physical force to restrain a student, if necessary, for the purpose of preventing injury to themselves or others.

(3) A teacher, administrator or superintendent shall not be liable in a civil action for the use of physical force on the person of a pupil for the purposes prescribed in this section, except in cases of gross abuse and disregard for the health and safety of a pupil.

Arrests

Law enforcement officers are empowered to arrest persons, including children upon a lawful warrant or without a warrant if the officer has reasonable cause to believe that the person, including a child, has committed a felony or a misdemeanor on school property. A rule that would allow a child to be removed from school only upon a proper warrant is not in accordance with the law.

Fraternities, Sororities, Secret Societies: Definition; Declaration of Illegality Section 1316

A school official or a board of a school district shall not authorize, support, or permit the creation and existence of a public school fraternity, sorority, or secret society.
A fraternity, sorority, or secret society is declared an obstruction to education and detrimental to the public welfare.
As used in this section, a “public school fraternity, sorority, or secret society” means an organization whose active membership is composed wholly or in part of pupils of the public school of this state enrolled in one or more of the 12 grades and perpetuating itself by taking in additional members from the pupils enrolled in the public schools on the basis of the decision of its membership rather than upon the right of a pupil who is qualified by the regulations of the school to be a member of and take part in class or group exercise, subjects required by the course of study, or program of school activities fostered and promoted by the board and superintendent for a school not employing a superintendent of schools.

Search and Seizure (Neola Policy 5771)

Search of a student and his/her possessions, including vehicles, may be conducted by school administration at any time the student is under the jurisdiction of the Board of Education. This search may be supported by law enforcement as well. If there is a reasonable suspicion that the student is in violation of law or school rules, a search may also be conducted to protect the health and safety of others. All searches may be conducted with or without the student's consent. The Board authorizes use of canines, trained in detecting the presence of drugs and devices.

Students are provided lockers, desks, and other equipment in which to store materials. It should be clearly understood that this equipment is the property of the school and may be searched at any time if there is reasonable suspicion that a student has violated the law or school rules. Locks are to prevent theft, not to prevent searches. Only locks provided by the school are to be used at OHS, all others will be removed. Anything that is found in the course of the search that may be evidence of a violation of school rules or the law will be confiscated and held or turned over to the police. The school reserves the right not to return items which have been confiscated. In the course of any search, student’s privacy rights will be respected regarding any items that are not illegal or against school policy.

Students must report immediately to the office, upon discovery of, any items in their possession that are illegal or inappropriate to possess on the school premises. Failure to do so will result in disciplinary measures as outlined in this student handbook.

Suspension Policies and Procedures

A suspended student is not permitted to attend classes, be on school grounds, or participate in or attend any extracurricular activities.
The student shall be informed of the specific charges which could be the basis for disciplinary action to be taken against him/her and be given a chance to respond to the charges.
If the student denies the charge, the student will be informed of the nature of the evidence and will have the right to present to the school administrator any relevant information which supports his/her case.
If the student is suspended by the school administrator, the administrator will:
1. Notify the parent(s) of the suspension in writing, as soon as possible, the reasons for it, and the steps necessary for the student’s return.
2. Meet with parent(s) or guardian(s) and the student to plan the satisfactory return of the student to the school setting.
Before suspending or expelling a student, school “shall consider” 1. Student’s age 2. Disciplinary history 3. Disability status 4. Seriousness of behavior 5. Whether behavior threatened safety 6. Use of restorative practices 7. Whether lesser intervention would “properly” address behavior.

DUE PROCESS RIGHTS per Policy 5611
The Board of Education recognizes the importance of safeguarding a student's constitutional rights, particularly when subject to the District's disciplinary procedures.

To better ensure appropriate due-process is provided a student, the Board establishes the following guidelines which District administrators shall use when dealing with students:

Students subject to short-term suspension:

Except when emergency removal is warranted, a student must be given oral or written notice of the charges against him/her and the opportunity to respond prior to the implementation of a suspension. When emergency removal has been implemented, notice and opportunity to respond shall occur as soon as reasonably possible. The principal or other designated administrator shall provide the opportunity to be heard and shall be responsible for making the suspension decision. An appeal may be addressed to the Superintendent whose decision will be final.
Students subject to long-term suspension and expulsion:

A student and their parent or guardian must be given written notice of the intention to suspend or expel and the reasons therefore, and an opportunity to appear with a representative before the Board to answer the charges. The student and/or their guardian must also be provided a brief description of the student's rights and of the hearing procedure, a list of the witnesses who will provide testimony to the Board, and a summary of the facts to which the witnesses will testify. At the student's request, the hearing may be private, but the Board must act publicly. The Board shall act on any appeal, which must be submitted in writing, to an expulsion, to a request for reinstatement, or to a request for admission after being permanently expelled from another district (Policy 5610).

In determining whether disciplinary action set forth in this policy is to be implemented, District administrators shall use a preponderance of evidence standard. Further, any individual charged with making a disciplinary determination under this policy shall retain all documents, electronically stored information ("ESI") and electronic media (as defined in Policy 8315 - Information Management (i.e. "Litigation Hold")) created and/or received as part of an investigation.

The documents, ESI, and electronic media (as defined in Policy 8315) retained may include public records and records exempt from disclosure under Federal (e.g., FERPA, ADA) and/or State law - e.g., student records and confidential medical records.

The documents, ESI, and electronic media (as defined in Policy 8315) shall be retained in accordance with Policy 8310, Policy 8315, Policy 8320, and Policy 8330 for not less than three (3) years, but longer if required by the District's records retention schedule.

Suspension and Expulsion

The school district conducts an instructional program for the benefit of the students living in the school district. School attendance is a privilege as well as a right, carrying with it the responsibility of good citizenship and acceptable behavior insofar as these may be discharged at various levels of maturity of the students concerned. It is desirable to have all students remain in school until they have graduated from high school. Every resource available to the school district and the parents shall be used to achieve this purpose.

Under certain conditions it may be in the best interest of a student, or the other students, of a school for a student to be denied the privilege of attending school.

In certain cases students may be assigned the Behavior Intervention Center (BIC). BIC will be staffed by an OAS employee. Transportation privileges may be revoked by administration depending on the severity and nature of the offense. Students can only be assigned BIC by an administrator or their designee.

The Board of Education recognizes that minor disciplinary difficulties will sometimes occur even in well-ordered and well-controlled classrooms. However, when any student deviates from acceptable standards of student behavior, so as to be guilty of persistent disobedience, they shall order or authorize the suspension or expulsion of such student from school whenever the interests of the school demand it. (Section 380.1311, Michigan School Code, Act 451 of 1976)

Student exclusion may be by expulsion or by temporary suspension. Expulsion is solely designed within the province of the Board of Education and is its direct responsibility. Authority to issue suspensions is delegated to the superintendent, or designee, and each building principal or the principal’s designee. The criminal or offensive nature of a student's actions or behavior and effect of such actions or behavior on the orderly progress or continued maintenance of school, or the safety, health, physical condition and general welfare of other students and of school employees shall be considered in the exclusion of the student from school.

Alleged criminal acts committed on school property must immediately be reported to the Superintendent or building principals or their designees who shall contact the local Police Authorities.

Examples of behaviors that may result in suspension or expulsion are covered below. These are guidelines and not intended to cover all behaviors which may be disciplined. In addition, the school administrators may vary the disciplinary action as deemed necessary.

Police officials must have permission of the superintendent or principal or designee to interview a student during school hours. A student aged 16 and under may be interviewed during school hours by a police official only when a principal, superintendent, or their designee is present. Students who are 17 or older may be interviewed by police without the presence of a school official. No student shall be removed from school for the purpose of an interview by the police except by lawful exercise of police authority. Parents will be notified, if possible, when students are to be interviewed by police officials.

Expulsion Policies and Procedures

Expulsion may be up to 180 school days. A student who is removed for a period of 60 or more days is expelled. A student who is removed for 59 days or less is considered to be long term suspended.
This action is only taken by the Board of Education.
School administrator’s recommendation for expulsion of a student shall be made to the superintendent of schools. The superintendent shall review the request and if the superintendent deems expulsion is appropriate he / she shall make such recommendation to the board of education in conjunction with the Building Administrators. Where suspension of the student prior to board action is deemed warranted the procedures for suspensions shall be followed.
A written notice of charges against a student shall be supplied to the student and the student’s parents or guardian(s). They will be informed of their right to request either a public or private hearing with the Board of Education and the procedures to be followed at the hearing. The notice will be sent by certified mail, return receipt.
If no hearing is requested, the board shall review the charges and take such action as the board deems appropriate. The superintendent shall notify parents of the decision of the Board of Education by certified mail, return receipt.

Procedures if a Hearing is Requested

The hearing will be held at the next regular Board meeting unless a special meeting is called.
The parents or guardians may be present at the hearing.
The student may be represented by legal counsel.
The student shall be given the opportunity to present the student’s version of the facts and their implications. The student will be allowed to offer relevant evidence and the relevant testimony of other witnesses, parents and legal counsel.
The student shall be allowed to observe all evidence offered for or against him/her.
The student, parent and legal counsel will be allowed to question any witnesses.
The hearing shall be conducted by the Board, which shall make its determination solely upon the evidence presented at the hearing.
The Board of Education shall state, within a reasonable time after the hearing, its’ finding as to whether the student is guilty of the conduct charges, and its decision as to the expulsion or suspension as it deems appropriate.
Findings of the hearing authority shall be reduced to writing and sent to the student and the student’s parent or guardian within a period of time not to exceed 15 days after the hearing, unless an extension is agreed to by both parties. The findings are to be sent by certified mail.

Snap Suspensions

If a teacher sends a student out of their classroom and do not allow the student to return for an entire class period then there will be a required meeting between the teacher, student, parent and OHS administration to discuss the infraction occurring and how to address the behavior moving forward. Under Michigan Revised School Code MCLA 380.1309, a teacher is authorized to immediately cause the removal and suspension of a student from class, subject or activity for up to one school day when the student’s behavior interferes with the teacher’s ability to effectively teach or manage the class, subject or activity. A student receiving a teacher-imposed suspension shall not return to the class, subject or activity from which the student was suspended until the passage of one full school day from the time of the student infraction, unless permitted by concurrence of both the teacher and the principal or designee. At the discretion of the principal or designee, the student receiving a teacher-imposed suspension from a class, subject or activity may be permitted to attend other classes, subjects or activities if the student conduct does not qualify for multiple-day suspension or expulsion in accordance with board of education policy and the Student Code of Conduct. All teacher-imposed suspensions shall be applied in a manner consistent with applicable Oscoda Area Schools student discipline procedures, as well as federal and state laws for students determined to be eligible for special education programs/services or reasonable accommodations for their disabilities.

Detention Policies and Procedures

After school detention (ASD) will be assigned as an appropriate means of discipline. ASD can be assigned by any staff member as long as there is appropriate parent contact. ASD is one hour long and is immediately after school. Students assigned Friday School detention will serve two hours of detention on Fridays.

Service to School (S2S) may be assigned as an alternative to ASD. Students serving S2S will be working on tasks that include the beautification of the high school building and its grounds. S2S will be assigned with the approval of the parents and will be supervised by an OHS staff member.

Elastic Clause

The principal and assistant principal reserve the right to amend any provision in this handbook which is deemed to be in the best interest of the educational process. The principal and assistant principal retain the right to issue penalties for acts of discipline not specifically stated herein and to alter penalties when it is considered necessary.

Under Oscoda Area School Board policies #5600, #5610, and #5610.02, there are certain student acts that may result in immediate suspension or recommendation for expulsion.

The school district conducts an instructional program for the benefit of the students living in the school district. It is desirable to have all students remain in school until they have graduated from high school. Every resource available to the school district and the parents shall be used to achieve this purpose.

Under certain conditions it may be in the best interest of a student or the other students of a school for a student to be denied the privilege of attending school. Some of the infractions that may result in immediate suspension are given below. The list below is not inclusive of all offenses that may result in an after school detention or suspension. The frequency and severity of a student’s conduct will be taken into consideration as discipline is levied.

Specific Examples of Unacceptable Behavior That Will Result in Disciplinary Action

Academic Dishonesty – This includes the following items, but is not limited to: plagiarism and cheating. Policy 5500 gives the specific information related to this.

Plagiarism:
using writings, passages, ideas of others and passing them off as your own
using an outside source (any work, published or unpublished, by a person other than you) without proper acknowledgement
Cheating:
Misrepresenting someone’s work as your own, this includes using artificial intelligence.
Assisting or allowing someone to copy your work and represent it as their own
“Wandering eyes” (allowing your eyes to stray to another person’s work on quizzes or tests)
Using unauthorized material including textbooks, notes, calculators, or computer programs during an examination or other assignment

Aggressive Behavior – Students exhibiting aggressive behaviors including but not limited to: pushing, hitting, shoving, pinching, inciting, grabbing, tripping or fighting will be disciplined immediately and appropriately.
Arson – The willful and malicious burning of, or attempt to burn, any building, part of any building, structure, or property. Any student found to be deliberately setting fire to a school property or building will be recommended for expulsion. Police will be notified.
AUP Violation – Acceptable use of school technology policy violations. Students will lose some or all of their technology privileges. There are two different levels of AUP violations. These levels are on the consequences rubric. Having an inappropriate picture as their Google account image, may result in disciplinary action up to suspension or expulsion.
Bomb Threats – Any student who makes a bomb threat will be recommended to the School Board for expulsion from school, and it is required that this action be reported to the police.MCL 380.1311a(2), subject to 1310d“…if a pupil enrolled in grade 6 or above makes a bomb threat or similar threat directed at a school building, other school property, or a school-related event, then the school board, or the designee…shall suspend or expel the pupil from the school district for a period of time as determined in the discretion of the school board, or its designee”
Bullying – Bullying is the combination of three distinct components of harassment: harm (someone gets hurt emotionally, socially or physically); unfair match (the victim is overmatched physically, age or size, or overmatched by numbers, group vs. individual); and repeated behavior (the harm or unfair match are repeated over time). Bullying (and Cyber Bullying per PA 478) is strictly forbidden and bullies will be disciplined appropriately. This includes name calling and general intimidation directed towards another student. Policy 5517.01
Anti-Bullying: Matt Epling Safe School Law (MCL 380.1310b and PA 478)
Bullying will not be tolerated at OAS, nor will retaliation or false accusation of a target of bullying, a witness, or a student with information regarding an act of bullying. The staff will ensure that the policy is implemented and any concerns regarding bullying at school should be directed to them. An investigation will begin immediately and parents will be contacted by school administrators. For purposes of this policy bullying will also include “cyber bullying” as described in PA 478.
It is the policy of the District to provide a safe and nurturing educational environment for all of its students.
This policy protects all students from bullying/aggressive behavior regardless of the subject matter or motivation for such impermissible behavior.
Bullying or other aggressive behavior toward a student, whether by other students, staff, or third parties, including Board members, parents, guests, contractors, vendors, and volunteers, is strictly prohibited. This prohibition includes written, physical, verbal, and psychological abuse, including hazing, gestures, comments, threats, or actions to a student, which cause or threaten to cause bodily harm, reasonable fear for personal safety or personal degradation.
Demonstration of appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment or bullying is expected of administrators, faculty, staff, and volunteers to provide positive examples for student behavior.
This policy applies to all "at school" activities in the District, including activities on school property, in a school vehicle, and those occurring off school property if the student or employee is at any school-sponsored, school-approved or school-related activity or function, such as field trips or athletic events where students are under the school’s control, or where an employee is engaged in school business. Misconduct occurring outside of school may also be disciplined if it interferes with the school environment.
Bus Misconduct – Inappropriate behaviors on the bus that can lead to the safety and well-being of others is strictly forbidden and students will be disciplined immediately and appropriately.
Cell Phone/Electronic Devices: The act of possessing a cell phone/non-school electronic device on your person during school hours. These are also called Personal Communication Devices (PCDS). A student may possess a personal communication devices (PCDs) or other electronic communication devices (ECDs) and electronic storage devices (ESDs) in school, on school property, at after school activities, and at school related functions provided that during school hours, school events, and on a school vehicle its use is not disruptive or distracting to the educational process, the scheduled activity, or other participants, provided that the PCD or other ECD/ESD remains off. Cell phones/non-school electronic devices should be kept turned off and out of sight during class. If a student is found to have their cell phone out during class time they will be subject to consequences.on the rubric. A smart watch will be counted as a cell phone if it is being utilized to text or call during the school day. Except as authorized under Board policy, use of PCDs and electronic storage devices in school, on school property, at after school activities and at school-related functions will be subject to disciplinary action.
Cyberbullying: The act of making a comment on a public media forum that contributes to emotional or physical harm of another student.

Michigan’s Public Act 457 defines cyberbullying as posting a message or statement onto a public media forum with the intent to mislead, damage, intimidate, frighten or harass a person to cause emotional distress, or to cause the person to be harmed or harm themselves. Under the law, if a person who cyberbullies someone causes the victim to suffer from an assault or battery by the bully or by any other person, the bully can be charged with a misdemeanor and imprisoned for up to a year and fined $1,000.
The law states that if a cyberbully causes the death of a victim, regardless of whether the bully physically caused the death, they could be charged with a felony and face up to 20 years in prison.

Inappropriate use of Electronic Equipment – Students are not permitted to use cell phones,iPods or other electronic devices deemed inappropriate for school use during the school day (from first bell to last bell) without specific permission from administration. If such a device is required for medical reasons, students must obtain written authorization from the administration. These items are subject to confiscation. Use of mp3 players and hand-held game devices (PSP, Nintendo DS, etc.) are allowed at certain times during the school day (lunch). However, bringing such devices to school is done at the student’s risk, and Oscoda Area Schools will not be responsible for any damage or theft of the items. All such devices are to be kept in the student’s locker during class time.
The school prohibits the use of any video device from any restroom, locker room or other location where students and staff “have a reasonable expectation of privacy.” The school prohibits the use of any video device to record students and/or staff without their consent. The school also prohibits students posting videos/pictures of students/staff on social media without their consent and in a negative manner, such as videotaping a fight. A student improperly using any device to take, transmit, or post images will face disciplinary action up to and including suspension, loss of privileges, and may be recommended for expulsion.
Sexting” is prohibited at any time on school property or at school functions. Sexting is the electronic transmission of sexual messages or pictures, usually through cell phone text messaging. Such conduct not only is potentially dangerous for the involved students, but can lead to unwanted exposure of the messages and images to others, and could result in criminal violations related to the transmission or possession of child pornography. Such conduct will be subject to discipline and possible confiscation of the PCD (personal communication device)
Taking or transmitting images or messages during testing is also prohibited. If a student is caught transmitting images or messages during testing, s/he will fail the exam and receive an Alternate Assignment or be suspended. S/He also faces automatic withdrawal from the class depending on the severity of the incident. Loss of privileges is an accompanying penalty, and expulsion is a possibility, even on the first offense.
Extortion – To borrow or attempt to borrow any money or things of value from a student unless both parties enter into the agreement freely and without the presence of either an implied or expressed threat. Students attempting to extort money, or in other ways, intimidate other students shall also be counseled. Parents and police may be notified.
False Alarm – Any student deliberately activating a fire alarm will be disciplined and referred to the police.
Forgery – The act of fraudulently using, in writing, the name of another person, or falsifying times, dates, grades, addresses or other data or school forms and other forms of communication.
Gambling -- Gambling includes casual betting, betting pools, organized-sports betting, and any other form of wagering. Students who bet on an activity in which they are involved may also be banned from that activity. Violations of this rule could result in suspension or expulsion.
Gross Misbehavior - Any combination of 2 or more behavior infractions that result in disciplinary action.
Harassment / Sexual Harassment –Ongoing harassment is a serious issue and will be dealt with effectively. Cruel and unwarranted acts such as, but not limited to, threatening behavior, name calling, insensitive comments and insults, spreading rumors and writing damaging or threatening notes (on paper or electronically) will not be tolerated. School Board Policy #5517 prohibits harassment. This includes inappropriate conduct by other students as well as any other person in the school environment, including employees, Board members, parents, guests, contractors, vendors and volunteers. It is the policy of the District to provide a safe and nurturing educational environment for all of its students. This policy applies to all activities on school property and to all school sponsored activities whether on or off school property. As required by law MCL 380.1508 (1), all districts must include in their handbooks educational materials including the Sexual Hrassment and Sexual Assault Information Guide developed by MDE. To see this 5 page guide, [click here].
Harassment is defined as inappropriate conduct that is repeated enough, or serious enough, to negatively impact a student’s educational, physical or emotional well being. This would include harassment based on any of the legally protected characteristics, such as sex, race, color, national origin, religion, height, weight, marital status or disability. This policy, however, is not limited to these legal categories and includes any harassment that would negatively impact students.
Harassment through any means, including electronically transmitted methods (e.gInternet, telephone or cell phone, personal digital assistant (PDA), computer or wireless handheld device), may be subject to District disciplinary procedures. Such behavior is considered harassment whether it takes place on or off school property, at any school-sponsored function, or in a school vehicle if it is considered to have a negative impact on the school environment. Any student that believes s/he has been/or is the victim of harassment should immediately report the situation to the teacher, the principal or assistant principal. Complaints will be investigated in accordance with AG 5517.
Every student should, and every staff member must report any situation that they believe to be improper harassment of a student. Reports may be made to those identified above.
If the investigation finds harassment occurred it will result in prompt and appropriate remedial action. This may include up to expulsion for students, up to discharge for employee, exclusion for parents, guests, volunteers and contractors, and removal from any officer position and/or a request to resign for Board members.
Retaliation against any person for complaining about harassment, or participating in a harassment investigation, is prohibited. Suspected retaliation should be reported in the same manner as harassment. Intentionally false harassment reports, made to get someone in trouble, are also prohibited. Retaliation and intentionally false reports may result in disciplinary action as indicated above.
The following definitions are provided for guidance only. If a student or other individual believes there has been harassment, regardless of whether it fits a particular definition, s/he should report it and allow the administration to determine the appropriate course of action.

Harassment

submission to such unwelcomed conduct or communication is made either an explicit or implicit condition of utilizing or benefiting from the services, activities, or programs of the School District;

submission to, or rejection of, the unwelcomed conduct or communication is used as the basis for a decision to exclude, expel or limit the harassed student in the terms, conditions or privileges of the School District;
the unwelcomed conduct or communication interferes with the student’s education, creates an intimidating, hostile or offensive environment, or otherwise adversely affects the student’s educational opportunities. This may include racial slurs, mocking behavior, or other demeaning comments.
A. Verbal
Written or oral innuendoes, comments, jokes, insults, threats, or disparaging remarks concerning a person's gender, national origin, religious beliefs, etc. toward a fellow student or staff member. Conducting a "campaign of silence" toward a fellow student, staff member, or other person associated with the District by refusing to have any form of social interaction with the person.
B. Non-Verbal
Placing objects, pictures or graphic commentaries in the school environment or making insulting or threatening gestures toward a fellow student, staff member, or other person associated with the District.
C. Physical
Any intimidating or disparaging action such as hitting, hissing, or spitting on a fellow student, staff member, or other person associated with the District.
Sexual Harassment
may include, but is not limited to:
verbal harassment or abuse;
pressure for sexual activity;
repeated remarks with sexual or demeaning implications;
unwelcome touching;
sexual jokes, posters, cartoons, etc.;
suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one’s grades, or safety;
a pattern of conduct, which can be subtle in nature, that has sexual overtones and is intended to create or has the effect of creating discomfort and/or humiliation to another;
remarks speculating about a person’s sexual activities or sexual history, or remarks about one’s own sexual activities or sexual history.
[Note: An inappropriate boundary invasion by a District employee or other adult member of the School District community into a student's personal space and personal life is sexual harassment. Further, any administrator, teacher, coach, other school authority who engages in sexual or other inappropriate physical contact with a student may be guilty of criminal “child abuse” as defined in State law. M.C.L. 722.621 et. seq.]
This means conduct on the basis of sex that satisfies one or more of the following:
A Board employee conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct (often called “quid pro quo” harassment);
Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that is effectively denies a person equal access to the District’s education program or activity; or
“Sexual assault” as defined in 20 U.S.C. 1092(f)(6)A(v), or “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30). "Sexual assault" means any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault includes rape, sodomy, sexual assault with an object, fondling, incest, and statutory rape.
If there has been a claim of sexual harassment or assault, a formal investigation will take place. There are prohibitions against making false statements in any investigations related to sexual harassment/assault.
Public Act 144 of 2018 amends the Michigan Penal Code and applies to students who plead guilty to, are convicted of, or are adjudicated for committing: (1) criminal sexual conduct (CSC) or (2) assault with intent to commit criminal sexual conduct. MCL 750.520 now requires courts to issue an order during sentencing or disposition that prohibits a student who plead to, was convicted of, or was adjudicated for CSC or assault with intent to commit CSC, from attending the same school building or riding the same school bus as the victim. The perpetrator, not the school, is responsible for complying with the court order.
Public Act 145 of 2018 amends Section 1311(1) of the Revised School Code and authorizes a board, subject to the seven mitigating Section 1310d factors, to suspend or expel a student who commits CSC against another student enrolled in the same district. MCL 380.1311. This section now expressly allows a school to discipline a student for off campus CSC against another student. Expulsion under the new Section 1311 (1) does not, however, constitute expulsion from all public schools subject to reinstatement. Public Act 145 also adds a new mandatory basis for permanent expulsion subject to possible reinstatement. The amended law now requires schools to permanently expel, again subject to reinstatement and the Section 1310d factors, any student who “pleads to, is convicted of, or is adjudicated for criminal sexual conduct” against another student in the district, regardless of where the CSC took place.
Public Act 146 amends the Revised Judicature Act and allows a minor public school student who is the victim of CSC by another student to seek a personal protection order (PPO) against the student perpetrator. MCL 600.2950. The PPO would prevent the perpetrator from attending the same school building as the victim. Again, the perpetrator, not the school, is responsible for complying with a PPO.
A. Verbal
The making of written or oral sexual innuendos, suggestive comments, jokes of a sexual nature, sexual propositions, or threats to a fellow student, staff member, or other person associated with the District.
B. Non-Verbal
Causing the placement of sexually suggestive objects, pictures, or graphic commentaries in the school environment or the making of sexually suggestive or insulting gestures, sounds, leering, whistling, and the like to a fellow student, staff member, or other person associated with the District.
C. Physical Contact
Threatening or causing unwanted touching, contact, or attempts of same, including patting, pinching, pushing the body, or coerced sexual intercourse, with a fellow student, staff member, or other person associated with the District. Removal of clothing such as “pantsing” will be treated as “sexual harassment.”
This process is to be implemented as a continuation of intervention and redirection of student behavior. In the event that administrative intervention and/or discipline of students participating in harassment, bullying or intimidating behaviors have proven to be unsuccessful, the following process may be followed. However, depending on the egregiousness of the behavior, steps could be jumped.
Level 1 – Due process will be conducted when a complaint is received by School Personnel. All parties found to be contributing toward the harassment, bullying or intimidating behaviors will be suspended for one – three days.
Level 2 – Due process will be conducted when a complaint is received by School Personnel. All parties found to be contributing toward the harassment, bullying or intimidating behaviors will be suspended for three days.
Level 3 – Parents of all students involved will be required to attend a joint meeting of parents / students facilitated by OAS Administration. This meeting is NOT to discuss what has been happening, but rather, what will happen if the harassment complaints / behaviors do not stop immediately. Parents and students will be provided with Board Policies regarding bullying and harassment. All parties found to be contributing toward the harassment, bullying or intimidating behaviors will be suspended for five days and the parent and student MUST meet with the Building Administration prior to returning to school.
Level 4 – Parents of all students involved will be required to attend a joint meeting of parents / students facilitated by Law Enforcement and OAS Administration will be present. This meeting is NOT to discuss what has been happening, but rather, what legal responsibilities parents have and legal actions that could be taken if the harassment complaints / behaviors do not stop immediately. Parents and students will be provided with Board Policies regarding bullying and harassment. All parties found to be contributing toward the harassment, bullying or intimidating behaviors will be suspended for ten days and the parent and student MUST meet with the Superintendent prior to returning to school.
Level 5 – Parents will be served notice that their child will be expelled from school for violation of the handbook and state and federal laws regarding harassment.

Hazing-The Board of Education believes that hazing activities of any type are inconsistent with the educational process and prohibits all such activities at any time in school facilities, on school property, and at any District-sponsored event.Hazing shall be defined for purposes of this policy as performing any act or coercing another, including the victim, to perform any act of initiation into any class, group, or organization that causes or creates a risk of causing mental, emotional, or physical harm. Permission, consent, or assumption of risk by an individual subjected to hazing shall not lessen the prohibitions contained in this policy.

Hazing – any type of initiation procedure for any school related activity, which involves conduct such as but not limited to:

A. illegal activity, such as drinking or drugs;
B. physical punishment or infliction of pain;
C. intentional humiliation or embarrassment;
D. dangerous activity;
E. activity likely to cause mental or psychological stress;
F. forced detention or kidnapping;
G. undressing or otherwise exposing initiates.

Physical Assault – Student-to-student assault is addressed in School Code 1310A which requires a student to be suspended or expelled and student-to-adult assault is addressed in School Code 1311 which requires a student to be expelled from school permanently. Physical assault at school against a District employee, volunteer, or contractor which may or may not cause injury may result in charges being filed and subject the student to expulsion. Physical assault is defined as “intentionally causing or attempting to cause physical harm to another through force or violence.
Physical Assault-Staff – Hitting or kicking any school employee is considered an act of violence and will result in removal from school. Physical assault at school against a District employee, volunteer, or contractor which may or may not cause injury may result in charges being filed and/or the student to expulsion.Intentionally striking a staff member will result in 5 to 30 days of OSS and potential recommendation for expulsion.
Possession / Use / Delivery of Illegal/Controlled Substance – The possession, delivery, transfer, sale and or use of alcohol, controlled substance, prescription medication, non-prescription medication, mood-altering chemicals, marijuana/THC or look-a-likes or paraphernalia. Parents and law enforcement officials will be contacted immediately. Administrators are authorized to arrange for a breath instrument, according to the Superintendent’s guidelines, for the purpose of determining if a student has consumed an alcoholic beverage. Paraphernalia is described as various instruments and material which are commonly known to be intended for the use of, or preparation of illicit substances. Such instruments would include hash pipes, water pipes, certain cigarette papers, any apparatus used for rolling marijuana cigarettes, spoons used for inhalation of cocaine, hypodermic syringes, and other similar materials. Because of the intended use implied by these implements, their manufacturer, distribution, sale, use or possession is prohibited. Violations will result in the following disciplinary actions: The student will be suspended and requested to attend a drug/alcohol assessment and complete the recommended treatment program. If the student chooses not to attend a drug/alcohol assessment and treatment program, he/she will be recommended to the Board of Education for expulsion from school for up to 180 school days. These offenses shall be accumulative throughout the student’s high school career.

(Drug - Free School and Communities Act): This law requires a school district to adopt and implement a drug prevention program for its students. Oscoda Area Schools' Belief Statement is that the school district conducts an instructional program for the benefit of students attending our school district. Possession or use of controlled substances, alcohol, or mood-altering chemicals is illegal and prohibited on school property and at school related activities. Such behavior interferes with the instructional program, is harmful to students that are directly involved and is not in the best interest of the student as a whole. Accordingly, it is the policy of the board to maintain a drug free workplace and promote a "no use" message regarding drugs and alcohol. (Board Policies # 3122.0/4122.01/5530)

School Board Policy on Drug Free Schools (5530 F2): In accordance with Federal Law, the Board of Education prohibits the use, possession, concealment, or distribution of drugs by students on school grounds, in school or school approved vehicles or at any school related event. Drugs include any alcoholic beverage, anabolic steroid, and dangerous controlled substance as defined by State stature, or substance that could be considered a "look-a-like" controlled substance. Compliance with this policy is mandatory for all students. Any student who violates this policy will be subject to disciplinary action, in accordance with due process and as specified in the student handbook, up to and including expulsion from school. When required by State law, the District will also notify law enforcement officials.

The District is concerned about any student who is a victim of alcohol or drug abuse and will facilitate the process by which s/he receives help through programs and services available in the community. Students and their parents should contact the local agency and/or school principal or counseling office whenever such help is needed. These programs and services are listed in the back of this handbook.

Per Administrative Guideline 5771 a use of a breath test instrument is allowed.

Use of Breath-Test Instruments
The principal may arrange for a breath test for blood-alcohol to be conducted on a student whenever s/he has individualized reasonable suspicion to believe that the student has consumed an alcoholic beverage.

The principal shall first attempt to contact law enforcement and arrange for it to conduct the test. If that is not possible, or the law enforcement fails to arrive within one (1) hour, the following procedure should be used.

Take the student(s) to a private administrative or instructional area on school property and have at least one other member of the teaching or administrative staff present as a witness to the test. If the student refuses to take the test, inform the student that refusal to participate leaves the observed evidence of alcohol use unrefuted which will lead to disciplinary action. Allow the student a second opportunity to be tested, and if the student refuses again, ask the student to sign a refusal statement. Regardless of whether or not s/he signs, prepare a written report of the incident.

The purpose of the test is to determine whether or not the student has consumed an alcoholic beverage. The amount of consumption is not relevant, except where the student may need medical attention.

The person who administers the test must be properly trained in the use of the instrument and must determine if the instrument is in proper calibration and working order.

If the instrument provides only a visual indication of the result, make sure the result is confirmed by all the witnesses present and by the student. Make a written record of the instrument serial number or identifier; the test result; the date, time, place of the test; the students' names; and the names of the witnesses.

If the instrument provides printed evidence, attach the printout to the written record.

If the result indicates a violation of school rules as described in the student handbook, follow the disciplinary procedure described in the handbook.

If a staff member accompanying students on a school-related activity off school grounds has individualized reasonable suspicion to believe that a student has consumed an alcoholic beverage and no test instrument is available, s/he should make a written record of all facts upon which an opinion that the student has consumed an alcoholic beverage is based. Since the staff member is responsible, under law, for the welfare of a student who may be intoxicated, s/he should ensure that the student is properly supervised until returned to the custody of his/her parents or a law enforcement official.

Possession / Use of a Weapon – Possession / use of a weapon (as defined in Michigan Revised School Code 1311) will result in a mandatory expulsion from all Michigan Public Schools for a period of no less than 180 school days and up to permanent expulsion.A weapon includes, but is not limited to, firearms, guns of any type whatsoever including air and gas-powered guns (whether loaded or unloaded), knives, razors, tasers, clubs, electric weapons,kubaton, metallic knuckles, martial arts weapons and explosives. It may also include any toy that is presented as a real weapon or reacted to as a real weapon. Criminal charges may be filed for this violation. Possession of a weapon may subject a student to expulsion and possible permanent exclusion. It makes no difference whether or not the weapon belongs to someone else, unless the student can provide convincing evidence that the weapon was placed in the student's possession without his/her knowledge. If it can be confirmed that a weapon was brought on District property by a student other than the one who possessed the weapon, that student shall also be subject to the same disciplinary action.
Weapon Free School Zone. Public Act 50/195 (MCL 380.1311) requires school districts to expel a student who possesses a dangerous weapon in a weapon free zone or who commits arson or criminal sexual conduct in a school building or on school grounds. For students in Grade 5 and below, the earliest date for reinstatement is possible after ninety (90) days. For students in Grade 6 and above, the waiting period is one hundred and eighty (180) school days. The due process rights of students are part of the law.
For the purpose of this public act, examples of dangerous weapons include a firearm, dagger, dirk, stiletto, knife with a blade over three inches in length, pocket knife opened by a mechanical device, an iron bar or brass knuckles. A weapon free school zone is defined as a building or playing field, property used for school purposes to impact instruction to students, property used for school sponsored functions or events, or a vehicle used by the school to transport students, property used for school - sponsored functions or events, or a vehicle used by the school to transport students to and from school property. (Board Policy #5772)
State law may require that a student be permanently expelled from school, subject to a petition for possible reinstatement if s/he brings onto or has in his/her possession on school property or at a school-related activity any of the following:
1. any explosive, incendiary, or poison gas including bombs, grenades, rockets, missiles, mines, or device that can be converted into such a destructive item
2. any cutting instrument consisting of a sharp blade over three (3) inches long fastened to a handle
3. any similar object that is intended to invoke bodily harm or fear of bodily harm (e.g. air gun, blow-gun, toy gun, etc.)
Possession / Use / Transfer of Dangerous Materials – Possession / use / transfer of explosive, caustic agents or substances such as firecrackers, smoke bombs, pepper gas, mace, etc. Recommendation for expulsion from school for up to 180 days of schools will result.
Public Display of Affection (PDA): The act of holding hands, hugging, and/or kissing another student while on school property or at any event or activity scheduled by the school, either at a school function, on campus or off-campus during school sponsored field trips.
Skipping school – Skipping school is defined as being absent from school or from class without prior parent or school awareness. This also refers to when students refuse to attend a class. Skipping is treated as an unexcused absence. Teachers and parents will be notified.
Stealing – The act of acquiring or possessing the property of another without approval, by theft, coercion, or fraud is considered stealing. Students may be referred to the police.
Tobacco – .OAS is a tobacco free zone. Students are not permitted to possess or use tobacco products of any kind while on school property or at any school related function. Police may be contacted and suspension will occur. Smoking and other tobacco uses are a danger to a student's health and to the health of others. The school prohibits the sale, distribution, use, or possession of any form of tobacco or electronic cigarettes or similar devices during school time or at any school activity. This prohibition also applies to the use or possession of tobacco products by students in District buildings, on District property (owned or leased), on District buses, and at any District-related event and when going to and from school and at school bus stops. Violations of this rule could result in suspension or expulsion. "Use of tobacco" shall mean all uses of tobacco, including cigars, cigarettes, vaping devices or liquids, pipe tobacco, chewing tobacco, snuff, or any other matter or substance that contains tobacco, in addition to papers used to roll cigarettes. It also includes the chewing of tobacco, snuff and similar substances, possession of lighters, and any paraphernalia to assist in smoking. The display of unlighted cigars, cigarettes, pipes, other "smoking" paraphernalia or tobacco products on one's person is also prohibited by this policy. The term “tobacco” includes any product that contains tobacco, is derived from tobacco, contains nicotine, or e-cigarettes and other electronic smoking devices (including but not limited to "JUUL's"), but does not include any cessation product approved by the United States Food and Drug Administration for use as a medical treatment to reduce or eliminate nicotine or tobacco dependence.
Vandalism – The act of willful destruction / damage of school property or the property of others (on school grounds) constitutes vandalism. This includes “traditional activities” like using toilet paper, eggs, tape, etc. on student cars at graduation time. Acts of vandalism may also result in police involvement.
Verbally or in Writing threatening a staff member/student/person associated with the District--Verbal assault at school against a District employee, volunteer, or contractor or making bomb/shooting threats or similar threats directed at a school building, property, or a school‑related activity will be considered verbal assault. Verbal threats or assault may result in suspension and expulsion. Parents and law enforcement will be contacted immediately. Verbal assault is a communicated intent to inflict physical or other harm on another person, with a present intent and ability to act on the threat.
Violations (Miscellaneous / Non-compliance) – Other behavior which is either illegal or disruptive to the school environment or is willfully detrimental to normal functions of the school will be dealt with on a case by case basis.

Suspension Days

Each day of suspension represents one school day. (Weekends, snow days, holidays, and vacations do not count.) When a student is suspended,they may make-up work missed while on suspension. Any learning that cannot be made up such as labs, field trips, and the like or any learning that the student chooses not to make-up may be reflected in the grades earned. It is the student’s responsibility to attain work that was missed due to suspension.