California Education Code

According to the California Education Code No. 48900, there are twelve specific acts of misconduct that may lead to suspension or expulsion.

These disciplinary actions may be taken if the pupil has:

1. Caused, attempted to cause, or threatened to cause physical injury to another person; or
2. Possessed, sold, or otherwise furnished any firearm, knife, explosive or other dangerous object unless, in the case of possession of any such object, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or designee of the principal; (Claremont Police Department will be notified - the student involved may be issued a citation, arrested or both); or
3. Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind; (Claremont Police Department may be notified - the student involved may be issued a citation, arrested or both); or
4. Unlawfully offered, arranged, or negotiated to sell any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and then either sold, delivered, or otherwise furnished to any person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant (Claremont Police Department will be notified - the student involved may be issued a citation, arrested or both); or
5. Committed or attempted to commit robbery or extortion (Claremont Police Department may be notified and the student involved may be arrested); or
6. Caused or attempted to cause damage to school property or private property (Claremont Police Department may be notified and the student involved may be arrested); or
7. Stole or attempted to steal school property or private property (Claremont Police Department may be notified and the student involved may be arrested); or
8. Possessed or used tobacco, except as provided in Section 48901; (Claremont Police department may be notified - the student involved may be issued a citation); or
9. Committed an obscene act or engaged in habitual profanity or vulgarity; or
10. Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia as defined in Section 11014.5 of the Health and Safety Code; or
11. Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties; or
12. Knowingly received stolen school property or private property.
13. Possessed an imitation firearm. As used in this section, "imitation firearm" means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
14. Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal code; (Claremont Police Department may be notified and the student involved may be arrested); or
15. Harassed, threatened, or intimidated a pupil who is a complaining witness or witness in a school disciplinary proceeding for the purpose of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
16. Unlawfully offered, arrange to sell, negotiated to sell, or sold the prescription drug Soma.
17. Engaged in or attempted to engage in hazing as defined in Section 32050.
18. A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may suffer suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
19. As used in this section, "school property" includes, but is not limited to, electronic files and databases.
20. A superintendent or principal may use his or her discretion to provide alternatives to suspension or expulsion, including, but not limited to, counseling and an anger management program, for a pupil subject to discipline under this section.
21. It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against any pupil who is truant, tardy, or otherwise absent from school activities.

A pupil may be suspended or recommended for expulsion for acts of hate violence, threats, intimidation or sexual harassment including: Verbal harassment: Offensive comments, jokes or slurs, graphic verbal comments of a sexual nature. Visual harassment: Offensive poster, cards, cartoons, graffiti, drawings, objects or gestures. Physical harassment: Unwelcome or offensive touching or impeding or blocking of movement. A pupil may be suspended or expelled for acts listed above and related to school activities or attendance which occur at any time, including, but not limited to, any of the following: While on school grounds. While going to or coming from school. During the lunch period whether or not off campus. During, or while going to or coming from, a school activity.

NOTE: All citations issued by Claremont Police Department may include the assessment of a fine through the juvenile court system. Members of the Claremont Police Department are welcome on any CUSD campus at any time whether they may be visiting, investigating a crime or responding to a call for assistance from a student, faculty or staff member. Parents of students will be contacted in compliance with the law and established district policy.