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48900 Educational Code

a-1) Caused, attempted to cause, or threatened to cause physical injury to another person. a-2) Willfully used force or violence upon the person of another, except in self-defense.

b) Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object, unless in the case of possession of any object of this type, the pupil had obtained written permission to possess the item from a certified school employee, which is concurred in by the principal or the designee of the principal.

c) 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, and alcoholic beverage, or an intoxicant of any kind.

d) 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.

e) Committed or attempted to commit robbery or extortion.

f) Caused or attempted to cause damage to school property or private property.

g) Stolen or attempted to steal school property or private property.

h) Possessed or used tobacco, or any products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit use of, possession by, a pupil of his or her own prescription products.

i) Committed an obscene act or engaged in habitual profanity or vulgarity.

j) 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.

k) 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.

l) Knowingly received stolen school property or private property.

m) 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.

n) Committed or attempted to commit sexual assault as defined in Section 261, 266c, 286, 288, 281, or 289 of the Penal Code or committed sexual battery as defined in Section 243.4 of the Penal Code.

o) 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.

p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.

q) Engaged in, attempted to engage in, hazing as defined in Section 32050.

r) Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act, as defined in subdivisions (f) and (g) of Section 32261, directed specifically toward a pupil or school personnel.

s) A pupil may not be suspended or expelled for any of the acts enumerated unless that act is related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to school activity or attendance that 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 on or off campus.

· During, or while going to or coming from, a school sponsored activity.

s) A pupil who aids or abets as defined in Section 31 of the Penal Code.

t) 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 be subject to 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.

u) As used in this section, “school property” includes, but is not limited to, electronic files and databases.

2 Committed sexual harassment as defined in Education Code 212.5. For the purposes of this chapter, the conduct described in Section 212.5 must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the individual’s academic performance or to create an intimidating hostile, or offensive Educational environment. This section shall not apply to pupils enrolled in kindergarten and grades 1 to 3, inclusive, (EC48900.2).

3 Caused, attempted to cause, threatened to cause, or participated in an act of, hate, violence, as defined in subdivision of Section 33032.5, for pupils grades 4 to 12.

4 Intentionally engaged in harassment, threats, or intimidation, directed against a pupil or group of pupils, that is sufficiently severe or pervasive to have the actual and reasonably expected effect or materially disrupting class work, creating substantial disorder, and invading the rights of the pupil or group of pupils by creating an intimidating or hostile educational environment, for pupils in grades 4 to 12. (EC48900.4).

7 Making terrorists threats against school officials or school property, or both (EC48900.7).


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