Level IV: Discipline Response Code
Level IV offenses are the most serious acts of misconduct and are grounds for expulsion. Level IV offenses may include repeated acts of misconduct from Level III. Any Level IV act shall result in a 10-day suspension with a potential recommendation for expulsion.
Major acts of misconduct must be reported right away to the school administrator for further investigation. After hearing the student’s explanation, consulting with staff members and other students, and doing any other investigation necessary, the administrator will follow the procedure designated for Level IV violations in investigating the matter and refer the Level IV to District personnel for further review.
Students who commit a Level IV offense may be referred to local authorities for further investigation.
LEVEL IV: OFFENSES
A. Alcohol The possession, use, distribution, transmission, sale, purchase, solicitation, or being under the influence of alcoholic beverages. Distribution or transmission of alcohol is defined as delivery of alcohol to another person without the intent of communal or collective consumption. Use means the person is caught in the act of using, admits to use or is discovered to have used in the course of an investigation.
B. Arson The willful and/or malicious burning of or attempt to burn OCPS property, contents in or on the
property, or personal property of others.
C. Intimidation/ Threats to a Person Repeated Level III threats. Or any direct or indirect threat to hit, fight or beat up an OCPS employee, contracted vendor, or OCPS volunteer with an aggressive act to carry out the threat. Or any direct or indirect threat, which threatens the life of another student, OCPS employee, contracted vendor, or OCPS volunteer, and the threat to life appears to pose an imminent or a serious danger to the safety of others. The threat is specific, detailed and plausible. Information obtained suggests steps may have been taken to carry out the threat, and/or there is a strong concern about the student’s potential to act.
This offense includes, but is not limited to, threats made verbally or nonverbally by act, through social media, or by text, or threats/threatening behavior with a weapon (4H) or other dangerous object (4K), or the attempted use of a weapon (4H) or other dangerous object (4K) without injury.
D. Battery An actual or intentional touching or striking of a student, OCPS employee, contracted personnel, or volunteer against his/her will, causing more serious injury, such as: great bodily harm; permanent disfigurement; permanent disability; use of a deadly weapon; or where the attacker knew or should have known the victim was pregnant. The harm must be documented through medical evaluation. The attack must be serious enough to warrant reporting to law enforcement.
This section includes the use of a weapon (4H) or other dangerous object (4K) that results in more serious injury, however, this section does not include injury that is a result of fighting if the students are mutual combatants.
E. Threats to the School Any direct or indirect threat that may harm the school or may disrupt the function of the school campus or school sponsored activity including, but not limited to, threats made verbally or nonverbally by act, through social media, or by text. All threats are taken seriously, regardless of intent.
Threats to the school may include, but are not limited to, bomb threats, threats to use firearms in a violent manner, and/or threats to conduct a mass shooting or an act of terrorism. Threats to the school are deemed zero tolerance by Sections 1006.07 and 1006.13, Florida Statutes.
F. Drugs/Possession/Use The possession, solicitation, use or being under the influence of any drugs, narcotics, controlled substances, or any other substance when used for chemical intoxication, or the possession or use of any substance represented to be of said nature. Use means the person is caught in the act of using, admits to use or is discovered to have used in the course of an investigation. The possession, solicitation, use, or being under the influence of over-the-counter medication or prescription medication in excess of the manufacturer’s prescribed limits are included in this section. Also included in this section is any amount of THC oil.
H. Firearms/ Weapons The possession or control of any firearm, weapon, and/or destructive device (“weapons”) (operable or inoperable, loaded or unloaded) as defined in
Chapter 790, Florida Statutes. Weapons are deemed zero tolerance by Sections
1006.07 and
1006.13, Florida Statutes. Threatening or attempting to use a weapon is a Level IV C or IV E offense. Using a weapon and causing injury is a Level IV D or IV Y offense.
A firearm means any weapon, which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. A weapon means any dirk, knife (blade length is 2.5 inches or more), metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon. A destructive device means any bomb, grenade, rocket, missile, pipe bomb, or similar, or any combination of parts to make a destructive device, which is designed or constructed to explode. More information can be found in Chapter 790, Florida Statutes.
I. Major Disruption on Campus Major disruption of all or a significant portion of campus activities, school-sponsored events, and/or school bus transportation. Disruptive behavior that poses a serious threat to the learning environment, or the health, safety, or welfare of others.
This offense may include, but is not limited to, inciting a riot, initiating a false fire alarm, incidents that result in closing the cafeteria, fights involving multiple participants that disrupt the campus, and/or incidents that prevent students from proceeding to the next class.
J. Larceny/Theft ($750 or over) The act, participating in the act, or attempted act of taking, carrying, riding away with, or concealing of property from the possession or constructive possession of another person, including motor vehicle, without threat of violence or bodily harm. This offense may include, but is not limited to, pocket picking, theft from a building, theft from a motor vehicle, theft from a vending machine, theft of a golf cart, motor vehicle, or anything that is self-propelled or motorized.
K. Other Dangerous Objects The possession, sale, or control of any instrument or object, other than a firearm or weapon as defined under a Level IV H offense, which could be used to inflict harm on another person or to intimidate any person. Threatening or attempting to use a dangerous object is a Level IV C or IV E offense. Using a dangerous object and causing injury is a Level IV D or IV Y offense.
This offense includes, but is not limited to, BB guns or pellet guns, air soft guns, paintball guns and replicas of any gun or weapon, water/gel bead gun, common pocket knives (blade length is less than 2.5 inches), chains, pipes, common household tools, razor blades, box cutter/utility knife, ice picks, other pointed instruments, nun chucks, Chinese stars, pepper spray, Taser, items used for self-defense (i.e. Kubaton), ammunition, firearm clips, firearm cartridges. This offense also includes igniting fireworks/firecrackers.
L. Repeated Misconduct of a More Serious Nature Repeated misconduct which tends to substantially disrupt the orderly conduct of a school, school function, or extracurricular/co-curricular program or activity. Recommendations for expulsion relative to repeated misconduct must be based on documented referrals and a variety of intervention strategies.
M. Robbery/Extortion The taking, participation in taking, or attempting to take anything of value that is owned by another person or organization, under the confrontational circumstances of force, or threat of force or violence and/or by putting the victim in fear.
This offense may include the taking of objects such as purses, phones, clothing etc.
N. Sexual Battery Any sexual act or attempt directed against another person, forcibly, and/or against the person’s will. The category includes rape, indecent liberties, child molestation, and sodomy.
O. Sexual Harassment Unwanted verbal or physical behavior with sexual connotations that is severe or pervasive enough to create an intimidating, hostile or offensive educational environment, cause discomfort or humiliation or unreasonably interfere with the individual’s school performance or participation. Any sexual harassment of an OCPS employee, contracted vendor, or volunteer that is physical is included in this offense.
These acts are sexual in nature and may include, but are not limited to, sharing/sending/showing/taking images or video of other students or OCPS employees, contracted vendors, or volunteers that have bodily exposure; fondling or groping of another against their will.
P. Sexual Offenses Any willful and/or deliberate act, behavior, or conduct intended to result in sexual gratification or furthering acts lewd or lascivious in nature. This offense includes, but is not limited to, consensual sexual acts, and/or exposure of nude body parts in the presence of others or by sending through electronic means.
Q. Violation of Early Re-entry Plan Any act or series of acts which violates or has the practical effect of violating an early re-entry plan from full exclusion/expulsion.
S. Vandalism ($1000 or over) The willful or malicious destruction, damage, or defacement of public or private property including the act of defacing with graffiti, keying, or scratching a car or trashing a room resulting in damages.
T. Other Any other intentional or wanton act which is clearly beyond the bounds of acceptable and tolerable student conduct in the community, which cannot be coded in another Level IV offense.
This offense may include, but is not limited to: possession of images or videos that contain nudity and are not of another student, OCPS employee, contracted vendor, or volunteer; video voyeurism; extortion; hate crimes; any false accusation made by a student that jeopardizes the professional reputation, employment, or professional certification of any OCPS employee; any speech on the basis of race, sex, national origin, religion, or disability that does or would be likely to cause a substantial disruption to the educational environment; dating violence; human trafficking; possession/sale of drug paraphernalia; or felony forgery.
U. Drugs/Transmission/ Distribution/ Selling/Buying The manufacture, cultivation, transmission, distribution, buying, selling or intending to sell any drug, narcotic, controlled substance or any substance represented to be a drug, narcotic, or controlled substance. This includes any form of payment for any drug or contraband substance.
V. Bullying Repeatedly inflicting physical hurt, or psychological distress on one or more students, OCPS
employees, volunteers, or contracted personnel, that is severe or pervasive enough to create an intimidating, hostile, or offensive environment; or unreasonably interfere with the individual’s school performance or participation on or off OCPS property if it adversely impacts the educational environment at school for students or staff. This offense may include, but is not limited to, repeated name calling with threats, stalking/cyber stalking, distribution or sharing of written texts, picture/video to multiple recipients, posting picture or video to social media for public view, and/or physical contact with serious bodily injury.
W. Harassment Any threatening, insulting, or dehumanizing gesture, use of data or computer software, or
written, verbal, or physical conduct that places an OCPS student or school employee in reasonable fear of harm to his/her person or damage to his/her property, has the effect of substantially interfering with a student’s educational performance, opportunities, or benefits and has the effect of substantially disrupting the orderly operation of a school including any course of conduct directed at a specific person that causes substantial emotional distress in such a person and serves no legitimate purpose. This offense may include, but is not limited to, stalking/cyber stalking, placing another in reasonable fear of death or serious injury.
X. Hazing Any action or situation that endangers the mental or physical health or safety of a student at a
school with any of grades 6 through 12 for purposes of initiation or admission into or affiliation with any school-sanctioned organization. This offense may include, but is not limited to, false imprisonment resulting in medical attention, verbal or physical behavior resulting in injury that requires medical attention, forcing indecent exposure of another, or any other act that creates a substantial risk of death or serious injury.
Y. Physical Attack An actual and intentional striking of a student, OCPS employee, volunteer, or contracted personnel against his/her will, resulting in less serious bodily harm. Less serious bodily harm does not include a substantial risk of death, extreme physical pain, permanent disfigurement, or permanent disability. The injury must be documented.
This offense includes the use of a weapon (4H) or dangerous object (4K) that results in less serious bodily harm, however, this section does not include injury that is a result of fighting if the students are mutual combatants.
Z. Sexual Assault An incident that includes a threat of rape, fondling, indecent liberties, or child molestation. Both male and female students can be victims of sexual assault.
AA. District Technology Violation Use of unauthorized access to programs and/or files not expected or intended for student use on an electronic device or OCPS network; or any use that violates Board policies, local, state, and/or federal laws and regulations.
This offense may include, but is not limited to, gaining access to the OCPS network with intent to do harm or alter records, or having images, videos, messages, etc., on a district issued device that are not shared with others (i.e. images/videos containing nudity).
CC. Burglary Unlawful entry into or remaining in a dwelling, structure, or conveyance with the intent to
commit a crime therein or cause damage. This offense is more severe than trespassing.
DD. Homicide The unjustified killing of one human being by another.
EE. Kidnapping Forcibly, or by threat, confining, abducting, or imprisoning another person against his/her will and without lawful authority.
FF. Tobacco/Vaping/Nicotine Selling/Distribution The distribution or sale, intention of selling, or buying of tobacco/vaping nicotine products, or items represented to be of said nature.
This offense may include, but is not limited to, electronic cigarettes, CBD oil, Juuls, pods, vapors and hookah pens that do not contain THC or any other illegal controlled substance.
LEVEL IV: CONSEQUENCES
School Consequences
1. Parent/guardian contact mandatory*
2. Counseling and direction*
3. Up to a 10 day suspension with a recommendation for expulsion (mandatory)*
4. Refer to the District for a Discipline Team Meeting*
5. Temporary or permanent removal from participation in extracurricular/co-curricular programs or activities, e.g., to include, but not limited to, senior graduation
6. Restorative Practice
7. Schedule change
8. Supervision plan
9. No contact contract
10. SAFE/Guidance referral
District Consequences
1. Expulsion from the school district
2. Assignment to an alternative school
3. Referral to an intervention program
4. Bus expulsion
5. Referral to mental health services
*Mandatory Consequences