The Lincoln County Board of Education recognizes the need for students, teachers, administrators, and other personnel to have a nurturing and orderly, safe, and stimulating educational environment. The purpose of this policy is to provide our schools with a student code of conduct that will ensure a safe and orderly environment that is conducive to learning.

It is expected that all students enrolled in our schools will:



behave in a manner that promotes a school environment that is nurturing, orderly, safe and conducive to learning and personal-social development;



help create an atmosphere free from bullying, intimidation and harassment;



demonstrate honesty and trustworthiness;



treat others with respect, deal peacefully with anger, use good manners and be considerate of the feelings of others;



demonstrate responsibility, use self-control and be self-disciplined;



demonstrate fairness, play by the rules, and will not take advantage of others;



demonstrate compassion and caring;



demonstrate good citizenship by obeying laws and rules, respecting authority, and by cooperating with others;



adhere to the provisions of Policy 4373 of the West Virginia Board of Education, which policy is excerpted below and otherwise incorporated herein and made a part hereof by reference;



abide by national, State, and local laws and regulations as well as the rules of the School.

Student Code of Conduct

Anti-Social Conduct  A student will not orally, in writing, electronically, or with photographs or drawings, direct profanity or insulting, obscene gestures toward another student that causes embarrassment, discomfort, or a reluctance to participate in school activities.

Cheating/Academic Misconduct  A student will not plagiarize, cheat, gain unauthorized access to, or tamper with educational materials. The response to violations under this section may include academic sanctions in addition to other discipline.

Disorderly Conduct  A student will not harass another student or other person or misbehave in a manner that causes disruption or obstruction to the education process. Disruption caused by talking, making noises, throwing objects or otherwise distracting another person, constitutes disorderly conduct. Behavior is considered disorderly if a teacher is prevented from starting an activity or lesson, or has to stop instruction to address the disruption.

Improper Operation of a Motor Vehicle  A student will not engage in improper parking of a motor vehicle on school property.

Inappropriate Displays of Affection  Students will not engage in inappropriate displays of affection, such as kissing or embraces of an intimate nature.

Inappropriate Dress and Grooming  A student will not dress or groom in a manner that disrupts the educational process or is detrimental to the health, safety or welfare of others. A student will not dress in a manner that is distractive or indecent, to the extent that it interferes with the teaching, and learning process, including wearing any apparel that displays or promotes any drug-, alcohol- or tobacco-related product that is prohibited in school buildings, on school grounds, in school-leased or owned vehicles, and at all school-affiliated functions.

Leaving School Without Permission  A student will not leave the school building, classroom, cafeteria, assigned area, or campus without permission from authorized school personnel.

Possession of Inappropriate Personal Property  A student will not possess personal property that is prohibited by school rules or that is disruptive to teaching and learning.

Tardiness  A student will not fail to be in his/her place of instruction at the assigned time without a valid excuse.

Technology Abuse  A student will not violate the terms of West Virginia Board of Education Policy 2460, Safety and Acceptable Use of the Internet by Students and Educators and Board Policy 7540.03.

Tobacco  In accordance with the West Virginia Board of Education Policy 2422.5 -Substance Abuse and Tobacco Control and Board Policy 5512, a student will not smoke, use tobacco, or possess any substance containing tobacco in any building/area under the control of a county school system, including all activities or events sponsored by the county school district.

Trespassing  A student will not enter upon the premises of the county school system property, other than to the location to which the student is assigned, without authorization from proper school authorities. If removed, suspended, or expelled from school, a student will not return to the school premises without permission of the proper school authorities.

Truancy  In accordance with West Virginia Board of Education Policy 4110, Attendance, and Board Policy 5200, a student will not fail to report to the school's assigned class or activity without prior permission, knowledge or excuse by the school or by the parent/guardian.

Bullying/Harassment/Intimidation - A student will not bully/intimidate/harass another student. According to W.Va. Code 18-2C-2, "harassment, intimidation or bullying" means any intentional gesture, or any intentional written, verbal or physical act or threat that: (a) a reasonable person under the circumstances should know will have the effect of: (1) harming a student; (2) damaging a student's property; (3) placing a student in reasonable fear of harm to his/her person; or (4) placing a student in reasonable fear of damage to his/her property; or (b) is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening or abusive educational environment for a student.

Failure to Serve Assigned Detention  A student will not fail to serve an assigned detention of which students and/or parents/guardians have been notified.

False Identification  A student will not use another person's identification or give false identification to any school official with intent to deceive school personnel or falsely obtain money or property.

Forgery  A student will not sign the name of another person for the purpose of defrauding school personnel or the county board of education.

Fraud  A student will not deceive another or cause another to be deceived by false or misleading information in order to obtain anything of value.

Gambling  A student will not engage in any game of chance or contest wherein money or other items of monetary value are awarded to the winner, except for those games and contests authorized as official school functions.

Gang Activity  A student will not, by use of violence, force, coercion, threat of violence, or gang activity, cause disruption or obstruction to the educational process. Gangs are defined as organized groups of students and/or adults who engage in activities that threaten the safety of the general populace, compromise the general community order, and/or interfere with the school district's education mission.

Insubordination/Unruly Conduct  A student will not ignore or refuse to comply with directions or instructions given by school authorities. Refusing to open a book, complete an assignment, work with another student, work in a group take a test or do any other class- or school-related activity not listed herein, refusing to leave a hallway when requested by a school staff member, or running away from school staff when told to stop, all constitute insubordination/unruly conduct.

Loitering  A student will not remain or linger on school property without a legitimate purpose and/or proper authority.

Falsely Reporting Violations of the Student Code of Conduct  A student will not falsely report violations of the Student Code of Conduct.

Engaging in Sexually Explicit Behavior  A student will not engage in sexually explicit behavior.

Violating School Bus Rules  A student will not violate school bus rules.

Petite Theft or Possession of Stolen Property A student will not, without permission of the owner or custodian of the property, take property or have in his/her possession property valued less than $100.00 which does not belong to the student.

Alcohol  A student will not possess, distribute or be under the influence of alcohol in an educational facility, on school grounds, a school bus or at any school-sponsored function.

Defacing School Property  A student will not willfully cause defacement of, or damage to, property of the school or others. Actions such as writing in school textbooks or library books, writing on desks or walls, carving into woodwork, desks, or tables, and spray painting surfaces are acts of defacement. Examples of damage to school property include, but are not limited to ruining bulletin boards, intentionally clogging the plumbing system, breaking light bulbs or fixtures, and damaging school equipment to the point where repair is necessary.

Disobeying a Teacher in a Willful Manner  A student will not willfully disobey a teacher.

Hazing  A student will not haze or conspire to engage in the hazing of another person. "Hazing" means to cause any action or situation which recklessly or intentionally endangers the mental or physical health or safety of another person or persons to destroy or remove public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any activity or organization, including both co-curricular and extra-curricular activities.

Improper or Negligent Operation of a Motor Vehicle  A student will not intentionally or recklessly operate a motor vehicle, on the grounds of any educational facility, parking lot, or at any school-sponsored activity, so as to endanger the safety, health or welfare or others.

Marijuana (Simple Possession)  A student will not possess or be under the influence of marijuana in an educational facility, on school grounds, a school bus or at any school-sponsored function. Marijuana is a controlled substance.

Physical Altercation  A student will not participate in a physical altercation with another person while under the authority of school personnel.

Profane Language  A student will not use profane language directed at a school employee or a student. Using profane language may include, but is not limited to, verbally, in writing, electronically, or with photographs or drawings, direct profanity or insulting, obscene gestures toward any school employee or student.

Theft  A student will not, without permission of the owner or custodian of the property, take property or have in his/her possession, property valued at between $100 and $999.

Threat of Injury or Injury  A student will not threaten to injure another student, a teacher, administrator or other school personnel. (This includes assault on a school employee defined in W.Va. Code 61-2-15(a)).

Habitual Violation of School Rules or Policies  A student will not habitually, as defined by the county, violate school rules or policies.

Possession (Without a Physicians Authority to Carry & Self-administer) or Distribution of prescription drugs, bogus drubs, drug paraphernalia, and medication, including prescription medication not listed as a controlled substance.

Possession of Potentially Dangerous or Threatening Instruments, devices or noxious substances, including but not limited to pepper spray, recreational explosive devices, i.e., fire work, etc., tools, and look-alike weapons, etc. without intent to harm others.

Reprisal or retaliation against any person who reports alleged violations or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such violations of this code of conduct.

Battery on a School Employee  A student will not commit a battery by unlawfully and intentionally making physical contact of an insulting or provoking nature with the person of a school employee as outlined in W.Va. 61-2-15(b).

Felony  A student will not commit an act or engage in conduct that would constitute a felony under the laws of this state if committed by an adult as outlined in W.Va. Code 18A-5-1a(b)(i). Such acts that would constitute a felony include, but are not limited to, arson (W.Va. Code 61-3-1), malicious wounding and unlawful wounding (W. Va. Code 61-2-9), bomb threat (W.Va. Code 61-6-17), sexual assault (W.Va. Code 61-8-B-3), terrorist act or false information about a terrorist act, hoax terrorist act (W.Va. Code 61-6-24), burglary (W. Va. Code 61-3-11), robbery (W. Va. Code 61-2-12), and grand larceny (W. Va. Code 61-3-13).

Possession of a Controlled Substance  Accordingly to W. Va. Code 18A-5-1a(b)(ii), a student will not possess, distribute, or be under the influence of a controlled substance governed by the Uniform Controlled Substances Act as described W. Va. Code 60A-1-101, et seq., on the premises of an educational facility, at a school-sponsored function or on a school bus.

Possession of a Firearm or Deadly Weapon  According to W. Va. Code 18A-5-1a(a), a student will not possess a firearm or deadly weapon as defined in W.Va. Code 61-7-2, on any school bus as defined in W. Va. Code 17A-1-1, or in or on any public or private primary or secondary education building, structure, facility or grounds thereof, including any vocational education building, structure, facility or  grounds thereof, or at any school-sponsored function as defined in W. Va. Code 61-7-11a. As defined in W. Va. Code 61-7-2, a "dangerous weapon" means any device intended to cause injury or bodily harm, any device used in a threatening manner that could cause injury or bodily harm, or any device that is primary used for self-protection. Dangerous weapons include, but are not limited to, blackjack, gravity knife, knife, switchblade knife, nunchuka, metallic or false knuckles, pistol, or revolver. A dangerous weapon may also include the use of a legitimate tool, instrument, or equipment as a weapon including, but not limited to, pens, pencils, compasses, or combs, with the intent to harm another. A pocket knife with a blade of three and one-half (3 1/2) inches or less shall not be included in the definition of knife as defined in W. Va. Code 61-7-2 unless such knife is knowingly used or intended to be used to produce serious bodily injury or death.

Sale of a Narcotic Drug  Accordingly to W. Va. Code 18A-5-1a, a student will not sell a narcotic drug, as defined in W. Va. Code 60A-1-101, on the premises of an educational facility, at a school-sponsored function or on a school bus.

Students may be subject to discipline for violation of the Student Code of Conduct even if that conduct occurs on property not owned or controlled by the Board but which is connected to activities sanctioned or managed by the Board or its personnel or incidents that have occurred on property owned or controlled by the Board. Such discipline shall be consistent in all respects with the form and procedure for disciplining students set forth in Policy 4373, referenced above.

Student conduct shall be governed by the rules and provisions of the Student Code of Conduct. This Student Code of Conduct shall be reviewed periodically.

West Virginia Policy 4373