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.
Florida Administrative Code Rule 6A-1.0017 requires school districts to correctly code incidents that are against the law or represent serious breaches of this Code. Those incidents that are required to be reported to SESIR and/or Law Enforcement are identified in the Code of Student Conduct with the three-letter code identifying SESIR incidents. When multiple incidents occur at the same time and place, the incident that caused the most injury or the highest loss of property or monetary cost should be the one reported. Students who commit a non-SESIR Level IV offense may be referred to local authorities for further investigation.
LEVEL IV: OFFENSES
A. Alcohol ALC (Must Report to Law Enforcement) - The possession, sale, purchase, distribution, or use of alcoholic beverages. 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. Alcohol incidents cannot be drug related. Florida Administrative Code Rule 6A-1.0017.
B. Arson ARS (Must Report to Law Enforcement) - To intentionally damage or cause to be damaged, by fire or explosion, any dwelling, structure, or conveyance, whether occupied or not, or its contents. Florida Administrative Code Rule 6A-1.0017.
C. Threat/Intimidation TRE (Must Report to Law Enforcement) - “An incident where there was no physical contact between the offender and victim, but the victim reasonably believed that physical harm could have occurred based on verbal or non-verbal communication by the offender. This includes non-verbal threats and verbal threats of physical harm which are made in person, electronically, or through any other means.” Florida Administrative Code Rule 6A-1.0017.
*This includes threats to kill with a plan and/or furtherance of action.
D. Aggravated Battery BAT (Must Report to Law Enforcement) - A battery where the attacker intentionally or knowingly causes more serious injury such as: great bodily harm, permanent disability, or permanent disfigurement; uses a deadly weapon; or, where the attacker knew or should have known the victim was pregnant. Florida Administrative Code Rule 6A-1.0017. * This includes death or injuries with substantial risk of death, extreme physical pain, protracted and obvious disfigurement, and protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
E. Threats to the School DOC (Must Report to Law Enforcement) - Any direct or indirect threat that poses a serious threat to the school or may disrupt the function of the school campus, school sponsored events, and school bus transportation but not limited to, threats made verbally or nonverbally by act, through social media, or by text.
* Acts that pose a threat to school safety are deemed zero tolerance by Sections 1006.07 and 1006.13, Florida Statutes.
F. Drug Use/Possession DRU (Must Report to Law Enforcement) - The use or possession of any drug, narcotic, controlled substance, or any substance when used for chemical intoxication. 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. Florida Administrative Code Rule 6A-1.0017.
H. Weapons Possession WPO (Must Report to Law Enforcement) - ”Possession of a firearm or any instrument or object as defined by Section 790.001(6) and (13), Florida Statutes, that can inflict serious harm on another person or that can place the person in reasonable fear of serious harm.” Florida Administrative Code Rule 6A-1.0017.
I. Disruption on Campus-Major DOC (Must Report to Law Enforcement) - “Major disruption of all or a significant portion of campus activities, school-sponsored events, and school bus transportation. Disruptive behavior that poses a serious threat to the learning environment, health, safety, or welfare of others. Examples of major disruptions include bomb threats, inciting a riot, or initiating a false alarm.” Florida Administrative Code Rule 6A-1.0017.
J. Grand Theft ($750 or over) STL (Must Report to Law Enforcement) - The unauthorized taking of the property of another person or organization, including motor vehicles, valued at $750 or more, without threat, violence, or bodily harm. Thefts of property of any value that involve a use of force, violence, assault, or putting the victim in fear must be reported as robbery. Florida Administrative Code Rule 6A-1.0017.
*This does not include a taking by violence, a threat of violence or assault, and putting the victim in fear (See 4M Robbery).
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, Weapons Possession offense, which could be used to inflict harm on another person or to intimidate any person.
*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, 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 ROB (Must Report to Law Enforcement) - The taking or attempted taking of money or other property from the person or custody of another with the intent to permanently or temporarily deprive the person or owner of the money or other property under the confrontational circumstances of force, or threat of force, or violence, and/or by putting the victim in fear. A key difference in Grand Theft and Robbery is that Robbery involves violence, a threat of violence or assault, and putting the victim in fear. Florida Administrative Code Rule 6A-1.0017.
N. Sexual Battery SXB (Must Report to Law Enforcement) - Forced or attempted oral, anal, or vaginal penetration by using a sexual organ or an object simulating a sexual organ, or the anal or vaginal penetration of another by any body part or foreign object. Both males and females can be victims of sexual battery. Florida Administrative Code Rule 6A-1.0017.
O. Sexual Harassment SXH (Must Report to Law Enforcement) - Unwelcome conduct of a sexual nature, such as sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual natures. Harassing conduct can include verbal or non-verbal actions, including graphic and written statements, and may include statements made through computers, cell phones, and other devices connected to the internet. The conduct can be carried out by school employees, other students, and non-employee third parties. Florida Administrative Code Rule 6A-1.0017.
P. Sexual Offenses SXO (Must Report to Law Enforcement) Other sexual contact, including intercourse without force or threat of force. Subjecting an individual to lewd sexual gestures, sexual activity, or exposing private body parts in a lewd manner. Florida Administrative Code Rule 6A-1.0017.
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. Criminal Mischief ($1000 or over) VAN (Must Report to Law Enforcement) Willfully and maliciously injuring or damaging by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto. Florida Administrative Code Rule 6A-1.0017.
T. Other Major OMC (Must Report to Law Enforcement) Any serious, harmful incident resulting in the need for law enforcement consultation not previously classified. This includes any drug or weapon found unattended and not linked to any individual; such incidents must be coded with the appropriate Related element (such as Drug-related or Weapon-related) and incident involvement must be reported as unknown. Florida Administrative Code Rule 6A-1.0017.
U. Drug Sale/Distribution, (Must Report to Law Enforcement) -The manufacture, cultivation, purchase, sale or distribution of any drug, narcotic, controlled substance or any substance represented to be a drug, narcotic, or controlled substance. Florida Administrative Code Rule 6A-1.0017.
*This includes illegal sale or distribution of drugs.
V. Bullying BUL (Must Report to Law Enforcement) - Systematically and chronically inflicting physical hurt or psychological distress on one or more students or employees. Bullying includes instances of cyberbullying, as defined in Section 1006.147(3)(b), Florida Statutes. Bullying may include, but is not limited to, repetitive instances of teasing, social exclusion, threats, intimidation, stalking, physical violence, theft, harassment, public or private humiliation, or destruction of property. If the physical harm or psychological distress is not the result of systematic or chronic behavior, evaluate for Harassment. Florida Administrative Code Rule 6A-1.0017.
*The bullying includes intimidating behaviors that are repeated, intentional, and involve a power imbalance.
*Repeated discipline of another nature (such as repeated fights with the same person) may constitute bullying.
X. Hazing HAZ (Must Report to Law Enforcement) - 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. Hazing includes but is not limited to pressuring, coercing, or forcing a student to participate in illegal or dangerous behavior, or any brutality of a physical nature, such as whipping, beating, branding, or exposure to the elements. Florida Administrative Code Rule 6A-1.0017.
Y. Simple Battery PHA (Must Report to Law Enforcement) - An actual and intentional touching or striking of another person against his/her will, or the intentional causing of bodily harm to an individual. Florida Administrative Code Rule 6A-1.0017.
* This includes incidents that require immediate first aid or subsequent medical attention. This does not include death or injuries with substantial risk of death, extreme physical pain, protracted and obvious disfigurement, and protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (See 4D Aggravated Battery)
Z. Sexual Assault SXA (Must Report to Law Enforcement) - An incident that includes fondling, indecent liberties, child molestation, or threatened rape. Both males and females can be victims of sexual assault. Florida Administrative Code Rule 6A-1.0017.
AA. Electronic Device 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 BRK (Must Report to Law Enforcement) - Unlawful entry into or remaining in a dwelling, structure, or conveyance with the intent to commit a crime therein. Florida Administrative Code Rule 6A-1.0017.
DD. Homicide HOM (Must Report to Law Enforcement) The unjustified killing of one human being by another. Florida Administrative Code Rule 6A-1.0017. *This includes murder, manslaughter.
EE. Kidnapping KID (Must Report to Law Enforcement) - Forcibly, secretly, or by threat, confining, abducting, or imprisoning another person against his/her will and without lawful authority. Florida Administrative Code Rule 6A-1.0017.
*This includes abduction of an individual.
FF. Tobacco/Vaping/Nicotine Selling/Buying/Distribution (Must Report to Law Enforcement) - The sale, purchase, distribution of tobacco or nicotine products on school grounds, at school sponsored events, or on school transportation. Tobacco incidents cannot be Drug-related. Florida Administrative Code Rule 6A-1.0017.
*This includes vaping nicotine products, items represented to be of said nature, and additional items which may include, but are not limited to, electronic cigarettes, CBD oil, Juuls, pods, vapors and hookah pens that do not contain THC or any other illegal controlled substance.
GG. Igniting Fires that are not intentional, that are caused by accident, or do not cause damage.
JJ. Trespassing TRS (Must Report to Law Enforcement) To enter or remain on school grounds/campus, school transportation, or at a school sponsored event/off campus without authorization or invitation and with no lawful purpose for entry. Only incidents involving a student currently under suspension or expulsion, or incidents where any offender (student or non-student) was previously issued an official trespass warning, by school officials, or where any offender was arrested for trespass. Florida Administrative Code Rule 6A-1.0017.
LEVEL IV: CONSEQUENCES
Students will receive school consequences and district consequences for all Level IV offenses.
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