POLICIES AND PROCEDURES: STUDENT BEHAVIOR

At Nahunta Hall, students are expected to be responsible and respectful. To foster a safe and positive learning environment, Nahunta Hall will:

• Help students learn how their behavior affects the quality of their lives and others,
• Guide and expect students to solve their problems, or ones they create, without creating problems for others,
• View misbehavior as an opportunity for individual problem solving and preparation for the real world.

The Raise Responsibility System

At Nahunta Hall, we employ Marvin Marshall’s Raise Responsibility System (RRS). The Raise Responsibility philosophy is that positivity is a more constructive teacher than negativity. Acting responsibly is the most satisfying of rewards and self-correction is the most effective approach to change. 

Key characteristics of the Raise Responsibility System:

• Teaches responsible actions before disruptive behaviors occur, 
• Promotes responsibility rather than simple obedience ,
• Creates teachable moments when a young person makes a mistake, commits an error, or does poorly in a subject area.

Phase I- Teaching

We proactively TEACH the four levels of the “Hierarchy of Social Development” before discipline problems occur to establish behavioral expectations:

1. Democracy—Level D: Motivation is internal and requires initiative to do the right thing.
2. Cooperation/Conformity—Level C: Motivation is external as with following procedures, external incentives, or negative peer influence.
3. Bossing—Level B: Bothers and bullies others. This level is demonstrated when students make their own standards, rather than following what is expected.
4. Anarchy—Level A: Chaos. This level describes behavior when people are only interested in themselves and have no concern for others.

Both higher levels refer to differences in motivation while both lower levels refer to unacceptable behaviors. For example, the teacher asks a student to pick up trash and the student cooperates (Level C). However, if the student takes the initiative to pick up the trash without being asked (Level D), the trash is also picked up. The behavior is identical; the difference is in the motivation. The goal is for students to act at Level D.

Phase II- Reflecting

When a student creates a discipline problem by acting on Level A or Level B or demonstrates irresponsible behavior, poor impulse control, or victimhood thinking, the student is prompted to REFLECT on the level chosen. Reflecting on a level, rather than directly on the behavior, separates the student from the behavior—the act from the actor, the deed from the doer. Reflecting is also referred to as Checking for Understanding.

Phase III- Eliciting

Teaching the Hierarchy of Social Development (phase I) and then Checking for Understanding through reflecting(phase II) handle the vast majority of discipline problems. Guiding Choices (phase III)—through  a process called eliciting—is implemented if irresponsible behaviors or discipline problems continue. ELICITING is a fair, consistent, and effective approach for changing irresponsible behaviors where a student develops their own plan of action and accompanying consequences (if applicable) to control future unacceptable impulses. This approach is in contrast to imposing a “logical” or “natural” consequence that places the teacher in the role of a cop—rather than a facilitator of learning to help young people help themselves.

Myths About Discipline

From Dr. Marvin Marshall

Rewards, threats, punishments, and telling all fail the critical test: How effective are they when no one is around? Young people want to be responsible, but too often we use ineffective approaches and myths.

Myth #1:  Rewards motivate young people to be responsible. 

They don’t. The bribe becomes the focus, not responsibility. In addition, we are not honest with young people when we give them rewards for expected behavior. Society does not give such rewards. When was the last time you were rewarded for stopping at a red light?

Myth #2:  Imposed punishments are necessary to change young people’s behavior. 

Imposed punishments satisfy the punisher but have little lasting effect on the punished. If punishments worked, why are they so often repeated? Once the punishment is over, the person has served the time and has relinquished responsibility. Punishments engender enmity, not responsibility. Behavior may temporarily change at the threat of punishment—but not the way the student WANTS to behave. Imposed punishment moves ownership of the problem from the student to the adult. When was the last time you felt bad and did good?

Myth #3 :  Young people need to be constantly told what to do. 

Complete this sentence: If I have told you once, I have told you. . . . If telling worked, you would not have to repeat yourself. In fact, telling is often interpreted as criticism and promotes defensiveness, not responsibility. Do you like to be told what to do?

Safe School Violations

Prohibited conduct is forbidden at school, on school property, including school vehicles, and at any school activity. A serious violation that threatens or harms Nahunta Hall property, a person connected with the school, or property associated with a person connected with school is forbidden regardless of where it occurs.

Category A Violations 

A student will be suspended from school for a serious violation involving the following: 

1. A real weapon, or
2. Explosive or flammable material, or
3. Actual or threatened use of a look-a- like weapon with intent to intimidate.

Category B Violations

A student will be suspended from school for a violation involving the following: 

1. Bullying, harassment, hazing, threats to kill, intimidation or assault, 
2. Possession of drugs, alcohol, tobacco and other controlled substances or look-a-like and imitation controlled substances and/or drug paraphernalia,
3. Fighting,
4. Any criminal action occurring at school such as vandalism, fire setting, forgery and theft,
5. Inappropriate exposure of body parts.

Bullying, Cyberbullying, Harassment, Hazing and Retaliation

Bullying, cyberbullying, harassment, and hazing of students and employees are against federal, state and local policy, and are not tolerated by Nahunta Hall. Nahunta Hall is committed to providing all students with a safe school environment in which all members of the school community are treated with dignity and respect. 

School officials have the authority to discipline students for off-campus speech that causes or threatens a substantial disruption on campus or school activities, including violent altercations, or a significant interference with a student’s educational performance and involvement in school activities. 

If after an investigation, a student is found to be in violation of this policy, the student shall be disciplined by appropriate measures up to, and including, suspension and expulsion. If after an investigation, a school employee is found to have violated this policy, the employee shall be disciplined by appropriate measures up to, and including, termination. Any bullying, harassing or hazing that is found to be targeted at a federally protected class is further prohibited under federal anti-discrimination laws and is subject to compliance regulations from the Office for Civil Rights. 

“Bullying” means intentionally or knowingly committing an act that: 

1. Endangers the physical health or safety of a school employee or student; 

1. involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements; 
2. involves consumption of any food, liquor, drug, or other substance; 
3. involves other physical activity that endangers the physical health and safety of a school employee or student; or 
4. involves physically obstructing a school employee’s or student’s freedom to move; and 
5. Is done for the purpose of placing a school employee or student in fear of: 

1. physical harm to the school employee or student; or 
2. harm to property of the school employee or student. 

3. The conduct described above constitutes bullying, regardless of whether the person against whom the conduct is committed directed, consented to, or acquiesced in, the conduct. 
4. In addition to the above, Nahunta Hall considers bullying to be aggressive behavior that: 

1. is intended to cause distress and harm; 
2. exists in a relationship in which there is an imbalance of power and strength; and 
3. is repeated over time.

“Cyberbullying” means using the Internet, a cell phone, or another device to send or post text, video, or an image with the intent or knowledge, or with reckless disregard, that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the electronic communication. 

“Harassment” means repeatedly communicating to another individual, in an objectively demeaning or disparaging manner, statements that contribute to a hostile learning or work environment for the individual. This includes rumor spreading and social aggression intended to demean and disparage another individual and that contributes to a hostile environment for that individual. 

 “Hazing” means intentionally or knowingly committing an act that: 

1. Endangers the physical health or safety of a school employee or student; 

1. involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements; 
2. involves consumption of any food, liquor, drug, or other substance; 
3. involves other physical activity that endangers the physical health and safety of a school employee or student; or 
4. involves physically obstructing a school employee’s or student’s freedom to move; and 

1. Is done for the purpose of initiation or admission into, affiliation with, holding office in, or as a condition for, membership or acceptance, or continued membership or acceptance, in any school or school sponsored team, organization, program, or event; or 
2. If the person committing the act against a school employee or student knew that the school employee or student is a member of, or candidate for, membership with a school, or school sponsored team, organization, program, or event to which the person committing the act belongs to or participates in. 

Such conduct constitutes hazing, regardless of whether the person against whom the conduct is committed directed, consented to, or acquiesced in, the conduct. 

“Retaliation” means an act of communication intended: 

1. As retribution against a person for reporting bullying, cyberbullying, harassment, or hazing; or 
2. To improperly influence the investigation of, or the response to, a report of bullying or hazing. 

PROHIBITION OF BULLYING, HARASSING, HAZING, CYBER BULLYING, RETALIATION

No school employee or student may engage in bullying or harassing a school employee or student: 

1. on school property; 
2. at a school related or sponsored event; 
3. on a school bus; 
4. at a school bus stop; or 
5. while the school employee or student is traveling to or from a school location or event 

No school employee or student may engage in hazing or cyber bullying a school employee or student at any time or in any location. 

No school employee or student may engage in retaliation against: 

1. a school employee; 
2. a student; or 
3. an investigator for, or witness of, an alleged incident of bullying, harassing, cyber bullying, hazing, or retaliation 

FIRST AMENDMENT RIGHTS

True threats are not protected by the First Amendment if advocating “imminent” violence or unlawful conduct. A message that threatens physical harm, even if it isn’t meant to be serious, may not be protected by the First Amendment and the person who utters such a message may be disciplined by Nahunta Hall.

COMPLAINT PROCEDURES

Each reported complaint of bullying or related behavior will include: 

1. Name of complaining party; 
2. Name of offender (if known); 
3. Date and location of incident(s); 
4. A statement describing the incident(s), including names of witnesses (if known). 

All information received in a complaint, names of complainants shall be treated with the utmost confidence to the extent possible. Administrators shall notify complainant before revealing his name. 

Each reported violation of the prohibitions noted previously will be promptly investigated by a school administrator or an individual designated by a school administrator. A report of bullying, cyber bullying, hazing, harassment, and retaliation may be made anonymously, but Nahunta Hall will not take formal disciplinary action based solely on an anonymous reports. 

Verified violations shall result in consequences or penalties, including: 

1. Student suspension or removal from a school-sponsored team or activity including school sponsored transportation; 
2. Student suspension or expulsion from school or lesser disciplinary action; 
3. Employee suspension or termination for cause or lesser disciplinary action; 
4. Employee reassignment; or 
5. Other action against student or employee as appropriate. 

The school will notify a parent if the parent’s student threatens to commit suicide, or if the student is involved in an incident of bullying, cyberbullying, harassment, hazing, or retaliation. 

1. Nahunta Hall will produce and maintain a record that verifies that the parent was notified of the incident or threat. 
2. Nahunta Hall will not disclose such record  to anyone unauthorized to receive it and will not use the record for purposes not allowed under the law. 

 INVESTIGATIONS 

Nahunta Hall will promptly and reasonably investigate allegations of bullying, cyberbullying, harassment and/or hazing. The Nahunta Hall Director or a designated Assistant Dean be responsible for handling all complaints by students and employees alleging bullying, cyberbullying, harassment, or hazing. 

TRAINING 

All students, staff, and volunteers at Nahunta Hall will receive annual training regarding bullying, cyberbullying, harassment, hazing. This training will address: 

1. Overt aggression that may include physical fighting such as punching, shoving, kicking, and verbal threatening behavior, such as name calling, or both physical and verbal aggression or threatening behavior 
2. Relational aggression or indirect, covert, or social aggression, including rumor spreading, intimidation, enlisting a friend to assault a child, and social isolation; 
3. Bullying, cyberbullying, harassment or hazing of a sexual nature or with sexual overtones; 
4. Cyberbullying, including use of email, web pages, text messaging, instant messaging, three-way calling or messaging or any other electronic means for aggression inside or outside of school 
5. Civil-rights violations including training and education specific to bullying based upon students’ actual or perceived identities, and conformance or failure to conform to stereotypes. Training on civil rights violations will include compliance when civil rights violations are reported. 
6. Awareness and intervention skills such as social skills training. 

Volunteers are under direct supervision of a licensed educator who is responsible for ensuring the volunteer is trained in the above areas. Volunteers are required to report to their supervising licensed educator if they are notified of a bullying, cyber bullying, hazing, harassment, or retaliation incident among students or if they reason to suspect such an incident. Volunteers are prohibited from engaging in bullying activities themselves and will be asked to leave Nahunta Hall if in violation of this policy. 

In addition to training for all school employees, students, employees, and volunteer coaches involved in any extracurricular activity shall: 

1. participate in bullying and hazing prevention training prior to participation in the extracurricular activity; 
2. repeat bullying, cyberbullying, harassment, and hazing prevention training at least every three years; 
3. be informed annually of the prohibited activities list provided previously in this Policy and the potential consequences for violation of this Policy. 

Sexual Harassment

It is Nahunta Hall policy to provide an educational environment free from sexual harassment and discrimination on the basis of sex. Sexual harassment or assault by any individual may constitute a sexual crime under Chapter 76 of the Utah Criminal Code.

It shall be a violation of this policy for any student or employee to sexually harass any other student or employee.

Nahunta Hall encourages all victims of sexual harassment and persons with knowledge of sexual harassment to report the harassment immediately.  All complainants have the right to be free from retaliation of any kind. Nahunta Hall will promptly investigate all formal, informal, verbal and written complaints of sexual harassment, and take prompt corrective action reasonably calculated to end the harassment.

DEFINITIONS

“Sexual harassment” means unwelcome sexual advances, requests for sexual favors, other physical or verbal conduct or communications including electronic communications of a sexual nature, and any other gender-based harassment, whether initiated by students, school employees, or visitors when:

• Submission to the conduct is made explicitly or implicitly a term or condition of a student’s education (including any aspect of the student’s participation in school-sponsored activities, or any other aspect of the student’s education);
• Submission to or rejection of the conduct is used as the basis for decisions affecting the student’s academic performance, participation in school-sponsored activities, or any other aspect of the student’s education;
• The conduct has the purpose or effect of unreasonably interfering with a student’s academic performance or participation in school-sponsored activities, or creating an intimidating, hostile or offensive education environment.

Unacceptable conduct may or may not constitute sexual harassment. Normally, unacceptable behavior must be severe or pervasive to be considered sexual harassment.

School-related conduct that Nahunta Hall considers unacceptable and often a part of sexual harassment includes, but is not limited to, the following:

• Rape, attempted rape, sexual assault, attempted sexual assault, forcible sexual abuse, hazing, and other sexual and gender-based activity of a criminal nature as defined under the Utah Criminal Code;
• Unwelcome sexual invitations or requests for sexual activity in exchange for grades, preferences, favors, selection for extracurricular activities, homework, etc.;
• Unwelcome and offensive public sexual display of affection, including kissing, making out, groping, fondling, petting, inappropriate touching of oneself or others, sexually suggestive dancing, and massages;
• Any unwelcome communication that is sexually suggestive, sexually degrading or implies sexual motives or intentions, such as sexual remarks or innuendos about an individual’s clothing, appearance or activities; sexual gestures; public conversations about sexual activities or exploits; sexual rumors and “ratings lists;” howling, catcalls, and whistles; sexually graphic electronic messages or games, etc.;
• Unwelcome and offensive name calling or profanity that is sexually suggestive, sexually degrading, implies sexual intentions, or that is based on sexual stereotypes or actual or perceived sexual orientation;
• Unwelcome physical contact or closeness that is sexually suggestive, sexually degrading, or sexually intimidating such as the unwelcome touching of another’s body parts, cornering or blocking an individual, standing too close, spanking, pinching, following, stalking, frontal-body hugs, etc.;

• Unwelcome and offensive physical pranks or touching of an individual’s clothing, such as hazing and initiation, “streaking,” “mooning,” “snuggies” or “wedgies” (pulling underwear up at the waist so it goes in between the buttocks), bra-snapping, skirt “flip-ups,” spiking” (pulling down someone’s pants or swimming suit); pinching; placing hands inside an individual’s pants, shirt, blouse, or dress, etc.;
• Unwelcome leers, stares, gestures, or slang that are sexually suggestive, sexually degrading or imply sexual motives or intentions;
• Unwelcome and offensive skits, assemblies, and productions that are sexually suggestive, sexually degrading, or implies sexual motives or intentions or are based on sexual stereotypes;
• Unwelcome written or pictorial display or distribution of pornographic or other sexually explicit materials such as magazines, videos, films, email, text, web pages, etc.;
• Any other unwelcome gender-based behavior that is offensive, degrading, intimidating, demeaning, or that is based on sexual stereotypes and attitudes.

COMPLAINT PROCEDURES

1. Students affected by sexual harassment shall be afforded avenues for filing complaints which are free from bias, collusion, intimidation, or reprisal.
2. Students subjected to sexual harassment are first encouraged to confront the harasser and tell the harasser to stop the conduct because it is unwelcome. 
3. Complainants should document the incident(s) of harassment, and any conversations they have with the harasser, noting such information as time, date, place, what was said or done, and other relevant circumstances surrounding the event(s).
4. If the complainant’s concerns are not resolved satisfactorily through a discussion with the harasser, or if the complainant feels he/she cannot discuss the concerns with the harasser, the complainant should directly inform school staff of the complaint and should clearly indicate what action he/she wants taken to resolve the complaint.
5. Any school employee who receives a complaint of sexual harassment from a student shall inform the student of the employee’s obligation to report the complaint to the administration, and then shall immediately notify the administration.
6. Complainants who contact school staff with a complaint are encouraged to submit the complaint in writing. However, complaints may be filed verbally. Alternate methods of filing complaints shall be made available to individuals with disabilities who need accommodation.

CONFIDENTIALITY

It is Nahunta Hall policy to respect the privacy and anonymity of all parties and witnesses to complaints brought under this policy. However, because an individual’s right to confidentiality must be balanced with Nahunta Hall’s obligations to cooperate with police investigations or legal proceedings, or to investigate and take necessary action to resolve a complaint, Nahunta Hall retains the right to disclose the identity of parties and witnesses to complaints in appropriate circumstances.

Where a complaint involves allegations of child abuse, the complaint shall be immediately reported to appropriate law enforcement authorities and the anonymity of both the complainant and school officials involved in the investigation will be strictly protected as required by Utah State Law.

INVESTIGATION PROCEDURES

The administration has the responsibility to conduct a preliminary review when he/she receives a verbal or written complaint of sexual harassment, or if he/she observes sexual harassment. The administration should take the following steps:

1. Interview the complainant and document the conversation. Instruct the complainant to have no contact or communication regarding the complaint with the alleged harasser. Ask the complainant specifically what action he/she wants taken in order to resolve the complaint. Notify the complainant of his/her right to have someone of the same gender conduct or be present during the interview.
2. Interview the alleged harasser regarding the complaint and inform the alleged harasser that if the objectionable conduct has occurred, it must cease immediately. Document the conversation.
3. Instruct the alleged harasser to have no contact or communication regarding the complaint with the complainant and to not take any retaliatory action against the complainant.
4. If the alleged harasser admits all or part of the allegations, the administration shall implement appropriate disciplinary action. At a minimum, a written warning/reprimand shall be issued to the harasser and a copy placed in the student’s discipline record/file. If the harasser is an employee, submit a copy of the written warning/reprimand to the Nahunta Hall Human Resources Department for inclusion in the harasser’s personnel file. 
5. If the alleged harasser denies the allegations, promptly conduct a further investigation including interviewing witnesses, if any.
6. Report back to the complainant:

1. That the investigation has been completed;
2. Whether or not the evidence supported the claim;
3. That appropriate actions will be taken; and
4. Instruct the complainant to report immediately if the objectionable behavior occurs again or if the alleged harasser retaliates against him/her.
5. Notify the complainant that if he/she is unsatisfied with the outcome of the investigation he/she may file a complaint with the Board of Trustees.

The administration must consider the severity or pervasiveness of the conduct and exercise discretion in determining whether a Nahunta Hall level investigation is necessary regardless of the complainant’s desires. If a blatant violation occurs involving criminal touching, quid pro quo (e.g., offering an academic reward or punishment as an inducement for sexual favors), or acts which shock the conscience of a reasonable person, the complaint should be referred promptly to the Head of School. In addition, where the administration has reasonable suspicion that the alleged harassment involves criminal activity, he/she should immediately contact appropriate law enforcement authorities.

Whenever a sexual harassment complaint is made, the principal must take action to investigate the complaint or to refer the complaint for investigation even if the complainant does not request any action or withdraws the complaint. Investigations should commence as soon as possible but not later than three (3) school days following receipt of the complaint.

RETALIATION PROHIBITION

Any act of reprisal against any person who opposes sexually harassing behavior, or who has filed a complaint, is prohibited and therefore subject to disciplinary action. Likewise, reprisal against any person who has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a sexual harassment complaint is prohibited and therefore subject to disciplinary action.

DISCIPLINARY ACTION

Any individual who violates this policy will be subject to appropriate disciplinary action. Depending on the severity or persistence of the harassment, an individual who violates this policy may be subject to suspension, exclusion, probation, or termination from employment.

FALSE COMPLAINTS

False, malicious or frivolous complaints of sexual harassment shall result in corrective or disciplinary action taken against the complainant.

TRAINING

All new employees shall receive information about this policy at new employee orientation. All other employees shall be provided information on a regular basis regarding this policy and Nahunta Hall’s commitment to a harassment-free learning and working environment. Administrative employees who have specific responsibilities for investigating and resolving complaints of sexual harassment shall receive training on a regular basis on this policy and related legal developments.

RECORD KEEPING

Separate confidential records of all sexual harassment complaints and initial investigations shall be maintained in the administration’s office. Records of initial complaints and investigations shall be retained for at least three (3) years. Records of complaints and investigations of blatant violations involving criminal touching, quid pro quo, other criminal acts, or acts which shock the conscience of a reasonable person shall be retained permanently.

Corporal Punishment

The use of corporal punishment (the intentional infliction of physical pain upon the body of a minor child as a disciplinary measure) on any Nahunta Hall student by any employee or volunteer is prohibited. 

Corporal punishment includes spanking, paddling, rapping a child on the head, requiring the student to run laps or perform other physical exercise, custodial work beyond that necessary for restitution of property damaged by the student,  withholding bathroom privileges, and forcing a student to stand or sit in a deliberately discomforting position.  

Student Search of Person or Property

The Administration is responsible for protecting both the health and safety of the enrolled students and the effective operation of the school. As such, the Administration is occasionally asked to weigh an individual’s interest in privacy against public safety assurances that can be obtained by conducting a search or seizure. The following are Nahunta Hall’s guidelines for when and how school officials may conduct searches and seize property.

1. Only the Administration is authorized to conduct a search. A second Administration member or the police should supervise the search. If a police officer or additional supervisory Administration member is impractical because of an immediate concern for safety, the search should be conducted in view of another member of the school’s staff.

2. Searches should be conducted out of view of the general student body. Student searches should be performed by the Administration in a manner that minimizes embarrassment to the student.

3. Unless the Administration reasonably believes that immediate action is necessary to prevent bodily harm to student or another person, the Administration must contact the parent/guardian of the student prior to conducting any search. If contact is possible, the Administration must ask the parent/guardian if they would like to be present and, if an affirmative response is received, may not conduct the search until the parent/guardian has reasonable opportunity to attend. The Administration may detain a student in the school office for a reasonable amount of time while waiting for the parent to arrive.

4. The Administration may only search removed clothing and personal property if there is a reasonable concern that the clothing or personal property conceals something that may cause immediate harm to the student, other students, or the school staff. The Administration may require the student to removal all personal effects from the student’s pockets. The Administration is not authorized to ask students to remove an item of clothing as part of a search, touch the students during the search, or conduct a strip search. The Administration must contact and refer the issue to the police if the Administration has a reasonable belief that a student is concealing an illegal item on their person.

5. Student lockers and cubbies are considered school property. The Administration may search lockers and cubbies if (a) the search is part of a scheduled locker inspection or maintenance, (b) the Administration reasonably believes that conditions or circumstances exist that may threaten the health or safety of those in the school, or (c) the Administration provided reasonable prior notice to the student’s parent/guardian of the search and has reasonable cause to believe that the locker contains items that violate the school rules or any applicable law. The Administration should provide students prior verbal or written notice of scheduled locker inspection or maintenance. The Administration must notify the police if criminal activity is discovered during the search.

6. The Administration regulates the school’s parking lots and should report any suspicious vehicles to the police.

7. The Administration may provide the results of a search to the police and any criminal activity that occurs on school grounds may be prosecuted to the full extent allowed by law.

8. The Administration may detain students conducting illegal activities, provided that the Administration promptly contacts both the police and the student’s parent/guardian.

Use of Physical Restraint and Seclusion

Nahunta Hall employees will not use physical restraint or seclusion of a student except in situations where the child’s behavior poses imminent danger of serious physical harm to self or others and other interventions are ineffective, and such restraint or seclusion will be discontinued as soon as imminent danger of serious physical harm to self or others has dissipated.  

Physical restraint is a personal restriction that immobilizes or reduces the ability of a student to move his or her torso, arms, legs, or head freely. The term physical restraint does not include a physical escort. Physical escort means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a student who is acting out to walk to a safe location.

Seclusion is the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. It does not include a timeout, which is a behavior management technique that is part of an approved program, involves the monitored separation of the student in a non-locked setting, and is implemented for the purpose of calming. 

Restraint or seclusion will not be used as routine safety measures; that is, they will not be implemented as a routine strategy implemented to address instructional problems or  inappropriate behavior (e.g., disrespect, noncompliance, insubordination, out of seat), as a means of coercion or retaliation, or as a convenience:

• Teachers and other personnel will be trained regularly on the appropriate use of effective alternatives to physical restraint and seclusion, such as positive behavioral interventions and supports and, only for cases involving imminent danger of serious physical harm, on the safe use of physical restraint and seclusion. 
• Restraint or seclusion will never be used in a manner that restricts a child’s breathing;
• Every instance in which restraint or seclusion is used should be carefully and continuously and visually monitored to ensure the appropriateness of its use and safety of the child, other children, teachers, and other personnel;
• Parents will be notified as soon as possible following each instance in which restraint or seclusion is used with their child. Restraint or seclusion will not be used as punishment or discipline (e.g., placing in seclusion for out-of-seat behavior), as a means of coercion or retaliation, or as a convenience; and
• The use of restraint or seclusion, particularly when there is repeated use for an individual child, multiple uses within the same classroom, or multiple uses by the same individual, will trigger an administrative review and, if appropriate, revision of strategies currently in place to address dangerous behavior.

Nahunta Hall employees will not use mechanical restraints to restrict a child’s freedom of movement. Mechanical restraint is the use of any device or equipment to restrict a student’s freedom of movement. This term does not include devices implemented by trained school personnel, or utilized by a student that have been prescribed by an appropriate medical or related services professional and are used for the specific and approved purposes for which such devices were designed, such as: 

• Adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; 
• Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle;
• Restraints for medical immobilization; or 
• Orthopedically prescribed devices that permit a student to participate in activities without risk of harm.

Suspension and Expulsion

Suspension is disciplinary removal from school with an offer of educational services. Expulsion is a disciplinary removal from school for more than 10 school days without an offer of alternative educational service.

When a student fails to follow the school rules of behavior, a teacher may determine appropriate disciplinary action. Such disciplinary action may include a student behavior contract, a parent-teacher conference, or a behavior conference with the appropriate administrator. A teacher may refer any student to the administration for a behavior conference with the potential for suspension. The students shall have the opportunity to tell his/her side of the story. The administrator shall document the student conference. If applicable, the administrator shall explain to the student any reasons for the suspension. 

In an emergency situation which constitutes a clear and present danger to students or school personnel, suspension may be imposed without affording the student the opportunity of a conference. When such an emergency situation occurs that requires the immediate use of moderately or highly intrusive interventions to protect the student or others from harm, school staff shall complete and submit an emergency behavior information form and shall notify the student’s parents within 24 hours.

If the administration suspends the student, a parent or emergency contact shall be notified immediately. If a student is suspended before the end of the school day, the student shall only be released to a parent or emergency contact. The administration shall immediately notify the parent or guardian that the student has been suspended, the grounds for suspension, and the period of time for which the student is suspended.

The administration shall ask the parent or guardian of the student to attend a parent/teacher conference regarding the suspension. This meeting shall be scheduled to occur as soon as is practicable, but in all cases prior to the end of the suspension. An administration or other authorized school administrator must attend the conference. The student shall not be returned to the class from which he was suspended, during the period of suspension, without the concurrence of the teacher of the class and the administration. The student will be assigned academic work during suspension.

An administrator may suspend a student for up to ten consecutive school days. The length of time that a student is suspended shall be related to the seriousness of the offense.

If a student is suspended for more than 10 school days or is subject to expulsion, the administration shall give notice to the student and parents, in writing, the reasons for suspension or expulsion. The administration shall also notify the parents, in writing, of the opportunity to request a hearing. If a parent requests a hearing, such a hearing shall be conducted in accordance with the following procedures:

• The parent shall have and receive notice of: 
  1. Names of witnesses against him and opportunity to present witnesses (witnesses’ names may be protected if school determines they would suffer physical/psychological harm; student cannot compel witnesses); 
  2. Reasonable time to prepare the case; 
  3. The opportunity for counsel, if Nahunta Hall uses an attorney; 
  4. The right to notice of procedures for the hearing in writing, in the family handbook or on the school website; 
  5. The right to have the hearing recorded; 
  6. A fair hearing officer (credible and objective person or panel – not necessarily uninformed).
     The decision must not be based solely on hearsay; rules of evidence do not control.
• The student has no official protection against self-incrimination; though if criminal charges are also pending, this may require consultation with local law enforcement. 
• A decision must be made only on evidence presented at the hearing. 
• Student/parent has the right to written findings.
• Decision is by a preponderance (>50%) of the evidence. 
• Student/parents must “exhaust administrative remedies” and participate and cooperate in one of these processes, prior to appealing a decision to the Board of Trustees.

If a student is suspended or expelled from school for safe school violations, readmission depends upon satisfactory evidence that the student will not be a danger to self, others, or school property.

If a student is suspended or expelled from school for any reason other than a safe school violation, the student may be readmitted after the parent/guardian meets with school officials to make a plan to correct the behavior(s) and after the student completes both the days of suspension and any additional conditions imposed.