DoDEA Regulation 2051.1 is the policy and procedures for disciplinary action for all students enrolled in DoDEA. You are welcome to view the 45 page document is you wish. The following excerpt lists the grounds for discipline including suspension and expulsion.
This enclosure describes student conduct warranting disciplinary action or consequence and provides guidance as to the seriousness of offenses. However, this Regulation does not list every offense nor does it dictate the seriousness of any particular offense. Instead, it describes categories of conduct with sufficient specificity to inform the student of the type of conduct that may result in disciplinary consequence3 and is intended to alert principals to their flexibility in assessing the seriousness of offenses for purposes of determining the appropriate consequence. Disciplinary sanctions may be imposed for student conduct:
- E3.1.1. While on school property.
- E3. I .2.While en route between school and home or any school activity.
- E3.1.3. While on vehicles owned by the Government or contracted by DoDEA schools for the transport of students.
- E3. 1.4. During the lunch period on a school day, whether on or off campus.
- E3.l.5. During or while going to or from all school-sponsored or school-supervised events/activities that affect the missions or operations of the school or district including field trips, sporting events, stadium assemblies, an evening school-related activities.
- E3. I .6. When the good order, safety, or welfare of the school, students, or staff is affected as a result of out-of-school actions. For out-of-school actions that involve First Amendment rights, there must be substantial disruption to the school.
E3.2. School Bus Discipline
Rules of student behavior and disciplinary procedures prescribed in enclosure 8 that are applicable to students en route by DoD-sponsored school buses between home and school and/or school-sponsored events and activities. The school has the discretion to process disciplinary actions for school bus infractions solely within the context of procedures prescribed in enclosure 8, or as a part of school discipline generally. Disciplinary action that might affect the placement of a student with disabilities must be processed under the disciplinary procedures for students with disabilities.
E3.3 Additional Guidance at the School/District Level
In addition to this guidance, individual schools; school districts; or directorates may promulgate student policies/manuals that implement the procedures of this Regulation subject to prior coordination in accordance with subparagraph 5.2.8 of this Regulation.
E3.4 Discipline for Minor or First Offenses
A student may be disciplined for relatively minor offenses or first offenses not presenting an immediate threat of danger to self or others through the use of written or oral reprimands or notice to the sponsor/parent/guardian, time out, teacher/student/ conferences, suspension of school or extracurricular privileges, and by any other teacher intervention deemed by the teacher or principal to be appropriate. Minor offenses include any conduct that is not conducive to the good order and discipline of the school. Examples of conduct for which minor discipline may be appropriate include, but are not limited to: tardiness, unexcused absence, chewing gum or eating food in class, running or horseplay in the halls or classrooms, use of offensive language; disrupting the class by talking, laughing, or wandering about when the teacher determines that such conduct is inappropriate to the classroom activity. Nothing in this paragraph precludes the imposition of more serious disciplinary actions when a student engages in repeated or multiple acts of misconduct and the teacher or principal determined that the nature of the offense, in the context of all circumstances, warrants a more severe consequence than contemplated by this paragraph. Grade (score) reduction as a disciplinary action is not an appropriate means of discipline.
E3.5. Grounds for Removal
A student may be disciplined, to include removal from school (i.e., suspension, expulsion, or out of school placement) in appropriate circumstances; when a preponderance of the evidence demonstrates that the student has engaged in any of the following acts of misconduct:
- E3.5.1. Causing, attempting to cause, or threatening to cause, physical injury to another person; or has threatened to use or has used physical force against any person, including physical force that causes serious bodily injury to a person, as defined by section I 365(h)(3) of 18 U.S.C.(reference (k)).
- E3.5.2. Possessing, using, or transferring to another person any dangerous weapon (section 930(g)(2) (reference (i)), (e.g., any firearm, knife, explosive, incendiary device, or dangerous object) at the school or at a school-sponsored activity. A minimum I-year expulsion is required for the possession of firearms.
- E3.5.3. Possessing, using, distributing, or the attempted possession; use; or distribution of alcoholic beverages.
- E3.5.4. Possessing or using tobacco, or any product containing tobacco or nicotine products; including, but not limited to: cigarettes, cigars, miniature cigars, clove, smokeless tobacco, snuff, chew packets, and betel nut.
- E3.5.5. Possessing, using, distributing, or the attempted possession; use or distribution of any illegal/controlled substance; as defined in enclosure 2. A mandatory expulsion recommendation is required for a second offense.
- E3.5.6. Offering, arranging, using, or negotiating to sell drug paraphernalia, or the unlawful possession of drug paraphernalia.
- E3.5.7. Robbing or extorting, or attempting robbery or extortion.
- E3.5.8. Damaging or vandalizing school, U.S. Government, contractor, or private property.
- E3.5.9. Stealing, wrongfully appropriating, or attempting to steal or wrongfully appropriate; or knowingly receiving stolen school, Government, contractor, or private property.
- E3.5.10. Committing any lewd, indecent, or obscene act; or engaging in habitual profanity or vulgarity.
- E3.5.11. Disrupting school activities or otherwise willfully defying the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. This provision includes not only horseplay and other forms of disorderly conduct, but also includes: lying to and/or making false statements to school personnel, and/or the violation of other rules and guidance established for an orderly educational atmosphere.
- E3.5.12. Failing to leave the school, the school grounds, the school bus, or otherwise failing to follow the instructions/directions of the principal or staff member in charge after being told to do so; or is otherwise not authorized to be present in such areas (e.g., expelled or removed).
- E3.5.13. Gambling in any form.
- E3.5.14. Fighting or otherwise engaging in conduct that endangers the well-being of a student or others.
- E3.5.15. Bullying (including cyber bullying) another, or a group (e.g., engaging physical intimidation, taunting, hazing, name calling, insulting, cursing, gesturing, or verbally abusing any person; including, but not limited to: comments, abuse, or harassment based on that person's race, religion, gender, creed, national origin, personal or physical attributes, disability, intellectual ability; and matters pertaining to sexuality, or characteristics of another person or the associates of another person). v
- E3.5.16. Using portable communications devices contrary to school policy (e.g., beepers, cell phones, personal computers, BlackBerrys; other similar devices capable of receiving or transmitting audio, video, picture, or text message; portable electronic devices, including: cameras, electronic games, portable radios, compact disc players, iPods, portable DVD players, or similar devices). Such equipment and devices are subject to confiscation by school authorities.
- E3.5.17. Engaging in, or attempting to engage in, acts of arson, making a threat to bomb, burn, or destroy in any manner a school building or school property, or intentionally making a false report of a bomb threat or fire (e.g., making a terrorist or bomb threat, pulling a fire alarm, etc.).
- E3.5.18. Forging, cheating, or plagiarizing the work of others.
- E3.5.19. Possessing or using fireworks or other explosive devices.
- E3.5.20. Violating attendance regulations or policies (i.e., truancy).
- E3.5.21. Violating the terms and conditions of the DoDEA Student Computer and Internet Access Agreement, or by illegal or unauthorized means gain access to the computers, software telecommunications, and relate technologies of others; engage in any willful act that causes physical or financial damage or otherwise disrupts information technology, or use a computer or communications device to communicate threatening, harassing, indecent messages; or download obscene or pornographic materials.
- E3.5.22. Violating any law, rule, regulation, or policy of the military installation or the school.
- E3.5.23. Failing to report or otherwise be complicit in the above-described acts.
E3.6. Notice to Law Enforcement Authorities
The principal of the school shall notify the Installation Commander, or his or her designee for law enforcement or legal affairs, of any acts that may violate local laws or any situations that may pose a threat to the safety or security of the installation.
E3.7 Confiscation of Property
Authorized school officials may immediately confiscate any property belonging to, or in the possession of, any student if the possession or use of that property is inconsistent with the conduct required by this regulation, or good order and discipline. Unless possession of the item is illegal or dangerous, the confiscating official will return the property to the rightful owner or the student's sponsor as soon as is practicable and safe, or issue a receipt for its retention until such time as it may be returned. Confiscation is not considered a disciplinary action, but is accomplished to preserve health and safety, or to provide evidence incidental to the exercise of disciplinary action.