Level 4 offenses are the most serious misbehavior and cause the most concern for school safety. Level 4 offenses may include repeated acts of misbehavior from Level 3. Any Level 4 act may result in up to a 10-day suspension with a possible removal from school.
Level 4 misbehavior must be reported right away to the school administrator to investigate. After hearing the student’s side of the story, speaking with staff members and other students, and doing any other investigation needed, the administrator will follow the procedures for Level 4 offenses. A consequence for Level 4 may include removing the student from the school or activity immediately.
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 4 offense may be referred to the police for further investigation. Students who commit a Level 4 offense may be referred to the police for further investigation.
LEVEL 4: OFFENSES
A.
Alcohol ALC (Must Report to Law Enforcement) - Having, using, sharing, giving, asking for, selling, buying, or being under the influence of alcoholic beverages. Use means the person is caught using alcohol, admits to using alcohol, or is discovered to have used alcohol. Alcohol incidents cannot be drug related.
B.
Arson ARS (Must Report to Law Enforcement) - Setting a fire or causing an explosion to Board property, school transportation, or any structure whether someone is inside or not.
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 (threats to kill with a plan and/or furtherance of action) which are made in person, electronically, or through any other means.
D.
Aggravated Battery BAT (Must Report to Law Enforcement) - Striking anyone against his or her will or causing more serious injury on purpose such as: great bodily harm; permanent disability; permanent disfigurement; use of a weapon that could badly injure the victim (deadly weapon); extreme pain; protracted loss or impairment of the function of a bodily member, organ, or mental faculty; or the student knows or should know that the victim is pregnant.
E.
Threats to the School DOC (Must Report to Law Enforcement) - Any direct or indirect threat that poses a threat to 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. 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.
Drug Use/Possession DRU (Must Report to Law Enforcement) - Having, sharing, or inappropriately using drugs or any other substance that can change your mood or behavior, or having or using anything represented or thought to be a drug.
Use means the person is caught in the act of using drugs, admits to using drugs, or is discovered to have used drugs.
Alcohol offenses are coded separately: Level IV-A, Alcohol.
H.
Weapons Possession WPO (Must Report to Law Enforcement) The possession or control of any 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. This includes possession of firearms and other instruments that can cause harm.
I.
Disruption on Campus - Major DOC (Must Report to Law Enforcement) - Major disruption of all or most 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 including bomb threats, inciting a riot, or initiating a false alarm.
For offenses that disrupt campus activities, school-sponsored events, and school bus transportation but do not pose a serious threat to the learning environment: see Level IV-HH, Interruption of Campus Operations.
J.
Grand Theft ($750 or over) STL (Must Report to Law Enforcement) - The taking of the property of another person or organization, without their permission, 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.
*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 (Must Report to Law Enforcement) - Having, selling/buying or controlling 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 harm another person, or to scare any person. *This offense may include, 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 guns,, chains, pipes, razor blades, box cutter/utility knife, ice picks, other pointed instruments, nun chucks, Tasers, Chinese stars, pepper spray, other items used for self-defense (i.e. kubaton), bullets, firearm clips, or firearm cartridges. This offense also includes lighting fireworks or firecrackers.
L.
Repeated Misconduct of a More Serious Nature - Repeated misconduct that tends to seriously disrupt the school, school function, or extracurricular/co-curricular program or activity.
M.
Robbery ROB (Must Report to Law Enforcement) - The taking, or attempted taking of money or other property from a person with the intent to keep or temporarily take away the money or other property by 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. This includes using force to take something from another.
N.
Sexual Battery SXB (Must Report to Law Enforcement) - Doing or attempting to do any sexual act against another person, forcibly or against the person’s will, with or without an object or body part. Both males and females can be victims of sexual battery.
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. This includes undesired sexual behavior.
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. This includes lewdness, indecent exposure.
Q.
Violation of Early Re-entry Plan - Committing any act or series of acts that violates or has the effect of violating a re-entry plan from expulsion.
S.
Criminal Mischief ($1000 or over) VAN (Must Report to Law Enforcement) - Purposefully destroying, damaging, or ruining public or private property including acts of ruining with graffiti, keying or scratching a car or trashing a room resulting in damages.
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.
U.
Drug Sale/Distribution, Excluding Alcohol DRD (Must Report to Law Enforcement) - The making, buying, selling or giving away any drug or anything represented to be a drug. This includes any form of payment for any drugs or substances.
V.
Bullying BUL (Must Report to Law Enforcement) - Repeated behavior towards another person that causes that person to be afraid, make one person feel weaker than the other, and this behavior is done on purpose.
* Bullying may include, but is 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.
* Repeated discipline of another nature (such as repeated fights with the same person) may constitute bullying.
X.
Hazing (Must Report to Law Enforcement) - Secondary only.
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. 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.
AA.
District Technology Violation Use or access to programs and/or files without permission which you should not access on an electronic device; or any use that is against 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 to do harm or change records.
CC. Burglary BRK (Must Report to Law Enforcement) - Entering Board property or staying on Board property or school transportation without permission and causing damage or breaking the law. This offense is more severe than trespass.
DD.
Homicide HOM (Must Report to Law Enforcement) - The unjustified killing of one human being by another. This includes murder, manslaughter.
EE.
Kidnapping KID (Must Report to Law Enforcement) - Forcibly, secretly, or by threat, hiding, taking away, or imprisoning another person against his/her will and without lawful authority. This includes the taking away of a person.
FF. Tobacco/Vaping/Nicotine Selling/Buying/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.
GG. Igniting - Setting a fire by accident or setting a fire that does not cause damage.
JJ. Trespassing TRS (Must Report to Law Enforcement) - Entering or staying on Board property, school transportation, or at a school activity, without approval or after being told to leave by the school staff. This only includes incidents involving a student currently under suspension or expulsion, or incidents where any offended (student or non-student) was previously issued an official trespass warning by school officials, or where any offender was arrested for trespass.
LEVEL 4: CONSEQUENCES
Students will receive school consequences and district consequences for all Level 4 offenses.
School Consequences
1. Contact your parent/guardian*
2. Talk with you about your behavior*
3. Up to a 10 day suspension with a recommendation for expulsion*
4. Refer to the District for a Discipline Team Meeting*
5. Temporary or permanent removal from participation in extracurricular/co-curricular programs or activities
6. Restorative Practice
7. Alternative classroom
8. Supervision plan
9. No contact contract
10. 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