• UTAH COUNTY ACADEMY OF SCIENCES

     

    Policies and Procedures on

     

    ALCOHOL, CONTROLLED SUBSTANCES ABUSE, AND TOBACCO USE

     

    POLICY JD

     

    The Utah County Academy of Sciences (UCAS) prohibits any student use, possession, sale, distribution or being under the influence of alcohol, controlled substances, imitation controlled substances, and/or other similarly harmful substances, or drug paraphernalia.  It further bans the misuse of over-the-counter products by students. Any medications must be under the control of and administered through the school nurse or a designated employee, pursuant to UCA 53A-11-601.

     

    Disciplinary action, independent of any court action, will be taken by the school district for any violation of the foregoing statement.  All contraband will be confiscated.   

     

     

    DISCIPLINARY ACTION:  USE OR POSSESSION

     

    FIRST VIOLATION

    A student may be suspended from school for up to 10 school days.  Students may be permitted to continue in school if student enrolls in and attends a school-approved intervention program with parent.

    1. The UCAS administration, during the suspension period, shall:
      1. notify the appropriate law enforcement agency and give them all confiscated evidence and information;
      2. notify the parents;
      3. schedule a parent conference during the suspension period; review with the student and parent the Utah County Academy of Sciences Policies and Procedures on Attendance, Orderly Conduct, Safe Schools and Substance Abuse; and
      4. refer the student and parent to the school’s designated student assistance program and/or to an approved prevention program.

     

    1. The student shall:
      1. sign a “UCAS Tobacco, Alcohol and Drug Non-Use Contract” with the parent and 4;
      2. reveal the source of material associated with this violation;
      3. attend with parent an approved prevention program, the cost of which will be assumed by the parent;
      4. not participate in school- or district-sponsored activities until any suspension has been removed.

     

    Failure of the student to comply with any of the above will result in a referral to the UCAS Discipline Council for alternative placement or suspension, for up to 45 school days.

     

    SECOND VIOLATION

    A student shall be suspended from school for 10 school days, during which time the student will be referred to the UCAS Discipline Council for suspension up to 45 school days.

    1. The UCAS administration shall:
      1. notify the appropriate law enforcement agency and provide the agency with all confiscated evidence and information; and
      2. notify the parents and schedule a conference.

     

    1. The student shall:
      1. make arrangements to meet with UCAS Administration;
      2. explore educational options available during the suspension period; and
      3. not participate in school- or district-sponsored activities or programs until he/she has been reinstated by the UCAS Administration.

     

    1. Reinstatement

    If a student desires to return to school after the suspension period, he/she must petition the UCAS Administration. and show evidence that he/she has done all of the following:

      1. participated in a formal drug assessment, with the cost of the assessment assumed by the parent
      2. show evidence of having completed the most appropriate level of intervention program based on the assessment by a licensed individual or agency, with the cost of the intervention program assumed by the parent and
      3. show evidence that he/she has personally and accurately  revealed to school administration the source of the alcohol or controlled substance associated with the violation.



    THIRD VIOLATION

    The student shall be suspended from school for 10 school days during which time the student will be referred to the UCAS Discipline Council for alternative placement or suspension, for up to one school year, or to the Board of Trustees for expulsion from school.

     

    1. The UCAS administration shall:
      1. notify the appropriate law enforcement agency;
      2. provide the agency with all confiscated evidence and information; and
      3. notify the parents and schedule a conference.

     

    DISCIPLINARY ACTION:  SALE OR DISTRIBUTION

     

    The student shall be suspended and referred to the UCAS Discipline Council for alternative placement or suspension, for up to one school year, or to the Board of Trustees for expulsion.

     

    1. The UCAS administration shall:
      1. notify the appropriate law enforcement agency;
      2. provide the agency with all confiscated evidence and information; and
      3. notify the parent.

     

    1. If a student desires to return to school, he/she must petition the UCAS Administration and the UCAS Discipline Council in writing and show evidence that he/she has done the following:
    1. participated in a formal alcohol and/or controlled substance abuse assessment, with the cost of the assessment assumed by the parent;
    2. successfully completed the most appropriate level of intervention program based on assessment from a licensed individual or agency, with the cost of the intervention program assumed by the parent; and
    3. personally and accurately revealed the source of materials associated with the violation to the school administrator.



    Utah County Academy of Sciences prohibits any student use, possession, sale or distribution of tobacco/tobacco products.

     

    Disciplinary action, independent of any court action, will be taken by the school district for any violation of the foregoing statement.  All contraband will be confiscated.

     

    DISCIPLINARY ACTION

     

    FIRST VIOLATION

    1. The UCAS administration shall:
      1. issue a citation; and
      2. notify the parents

     

    The student shall sign the UCAS Tobacco, Alcohol and Drug Non-Use Contract with the parent and UCAS administration.  

     

    SECOND AND FOLLOWING VIOLATIONS

    1. The UCAS administration shall:
      1. issue a citation;
      2. notify parents; and
      3. refer the student and parent to an approved assessment and/or approved intervention program, with the cost of the program assumed by the parent.

     

    1. The student shall:
      1. participate, with parent, in approved assessment and/or intervention program(s).
      2. show evidence of having successfully completed the most appropriate level of intervention program based on the initial assessment, with the cost of the program assumed by the parent.

     

    Failure of the student to comply with or complete the requirements of the referral will result in administrative action including possible suspension or referral to the Board of Trustees for expulsion.

     

    STUDENT SELF-REFERRAL

     

    If a student is self-referred concerning a tobacco, alcohol, or controlled substance problem, the school administration will provide a conference with a designated educator and/or the school counselor to discuss possible resources for assistance.

     

    RECORDS OF POLICY VIOLATIONS

     

    The records of clearly substantiated violations will be kept in the student’s confidential record.  The records will include dates, types of violations, and disciplinary actions taken. These records will be used in assessments of subsequent disciplinary actions.  

     

    The record(s) of violations from previous school(s) concerning behaviors identified in the Policies and Procedures on Attendance, Orderly Conduct, Safe Schools, and Substance Abuse will be reviewed before a student requesting a transfer into Utah County Academy of Sciences is considered for enrollment and is officially enrolled in Utah County Academy of Sciences.



    STUDENT RIGHT OF DUE PROCESS

     

    The procedures for due process are designed to protect the rights of students when a disciplinary problem arises that could result in long term suspension or expulsion. The process is administrative, not judicial.  Notification will be given to the student and the parent of the time and place for a hearing and a statement of the alleged act(s) of misconduct. The notice of offenses or charges shall state with reasonable particularity the offense or charge, shall be based upon the information known at the time the notice is issued, and may be subject to amendment upon further investigation or evidence.  Due process includes the right to a hearing, the right to counsel, the right to confront and cross-examine non-minor witnesses, and the right to appeal.

     

    Procedures for hearings and appeals of disciplinary decisions by a parent/guardian are as follows:

    1. Discuss the grievance with the teacher or person at the school with whom the disagreement occurred.

     

    1. If agreement is not reached, the parent/guardian may meet with a counselor or administrator.

     

    1. If agreement is not reached, the parent/guardian may request an informal hearing through the UCAS Discipline Council.  The request shall be in writing and within fifteen (15) calendar days of the school decision and addressed to the Utah County Academy of Sciences, UCAS Discipline Council.  The appeal shall be heard within ten (10) school days.

     

    1. If agreement is not reached, the parent/guardian may submit in writing within fifteen (15) calendar days of the UCAS Discipline Council’s decision a request for a hearing before the Board of Trustees. If the Board of Trustees grants a hearing, it shall be in executive session.  Following the hearing, the Board of Trustees shall give its decision in writing.

     

    At each stage of the proceedings, the hearing officer(s) shall conduct a de novo review, and shall hear the matter anew the same as if it had not been heard before and as if no decision had been previously rendered. Hearing officer(s) may receive and consider new documents, information, and witness testimony. However, upon appeal to the Board of Trustees, the Board of Trustees shall only consider the documents, information, and witness testimony presented at the hearing conducted by the school.  Failure to appeal to the next step in the appeals process within the time limits specified shall be deemed a withdrawal and final disposition of the matter.

    Once the aggrieved party has exhausted all of the administrative remedies herein he or she may appeal to a court of law.



    GLOSSARY

    Aggravated assault - to intentionally cause serious bodily injury to another or use of a dangerous weapon or other force likely to produce death or serious bodily injury.

    Alcohol - see glossary under “use, possession, sale, distribution of alcohol, drugs, controlled substances and imitation controlled substances.”

    Alternative placement - placement of a student in a program outside of his/her regular school setting.  This may include, but is not limited to, the following: daytime alternative, 4:00-6:00 after-school alternative, and/or home placement.

    Arson - the act of knowingly, by means of fire or explosive, damaging a building and/or the personal property of others.

    assault - an attempt with unlawful force or violence to do bodily injury to another, or a threat accomplished by show of immediate force of violence to do bodily injury to another, or an act committed with unlawful force of violence that causes or creates a substantial risk of bodily injury to another.

    Board of Trustees - the Utah County Academy of Sciences Board of Trustees.

    Controlled substance - any drug delivered by a pharmacist to an ultimate user under a lawful prescription; see also definition of “use, possession, sale, distribution of alcohol, drugs, controlled substances and imitation controlled substances.”

    Criminal activity - any activity that violates applicable criminal codes.

    Disciplinary reassignment - disciplinary action involving transfer to another room or school or alternative school placement for a specified period of time.

    Distribution - means to deliver other than by administering or dispensing a controlled substance or a listed chemical (see use, possession/sale).

    District - the superintendent and/or designee(s).

    Drug paraphernalia - see definition of “use, possession, sale, distribution of alcohol, drugs, controlled substances and imitation controlled substances.”

    Due process - notification to the student and the parent of the time and place for a hearing and a statement of the alleged act(s) of misconduct.  Due process includes the right to a hearing, the right to counsel, the right to confront and cross-examine witnesses, and the right to appeal.

    Electric Cigarette (e-cigarette) - a handheld electronic device that vaporizes a flavored liquid. Using e-cigarettes is often called vaping. The liquid in the e-cigarette, called e-liquid, is usually made of nicotine, propylene glycol, glycerin, and flavorings.

    Expulsion - permanent removal of a student from school by the Board of Trustees.

    Extortion - obtaining of money, information or personal property from another by coercion or intimidation.

    Fighting - physical conflict between two or more individuals.

    Firearms - a pistol, revolver, shotgun, sawed-off shotgun, rifle, or sawed-off rifle, loaded or unloaded, or any device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive.

    Flagrant - outrageous, notorious, scandalous, glaringly bad.

    gang activity/apparel - wearing of bandannas, headgear or any article of clothing or jewelry bearing any gang symbols, names, initials, insignia or anything else which signals gang affiliation and/or is worn for the purpose of signifying gang membership.  This includes gang signing.

    graffiti - any form of unauthorized printing, writing, spraying, scratching, affixing, or inscribing on the property of another, regardless of the content or nature of the material used in the commission of the act.

    Harassment level 1 – communication of a verbal, written or recorded threat, with intent to bully, tease, or frighten another.

    Harassment level 2 - intimidation and/or threat of violence.

    Indecent exposure - unauthorized exposure of one’s genitals, buttocks, pubic area, or breast (if female) [UCA 76-9-702(1)].

    Imitation controlled substance - see definition of “use, possession, sale, distribution of alcohol, drugs, controlled substances and imitation controlled substances.”

    Incendiary device - any device designed to cause combustion or fire, including a lighter or matches.

    In-school suspension - the student remains in a supervised location in school where work is provided, but regular school freedoms are severely limited.  Classes are not attended. The action may be recorded in the student’s folder.

    Insubordination - failure to obey an order by school authority.

    Interfering device - any device or object which interferes with the educational process, including lasers, laser pens, radios, portable CD players, portable telephones, pagers, or any electronic equipment or other disruptive objects.

    Intimidation - engaging in behavior which prevents or discourages another student from exercising his/her right to education.  Such prohibited behavior includes the use of threats, coercion, or force to prevent another student from attending school or to recruit another student for membership in any organization or group not authorized by the UCAS administration.

    Loitering - occupying an unauthorized place on or near the school grounds, property, or activities.

    Mitigating - to make less severe.

    Other similar harmful substances - substances such as inhalants and prescription or over-the-counter drugs used inappropriately.

    Parent - natural parents, foster parents, or legal guardians.

    Possession - physical control over real or personal property.

    School days - one of the regularly scheduled 180 days in a school year and/or a summer school program.

    School personnel - any school district employee, including administrators, teachers, coaches, counselors, staff, aides, interns and volunteers.

    School property - school buildings and lands owned or leased by UCAS, vehicles funded by the Board of Trustees, any areas rented or leased by the UCAS, and areas in and around any school- or district-sponsored event.

    Sexual battery - a criminal, intentional, offensive touching (whether or not through clothing) of another’s buttocks, any part of the genitals, or the breast of a female.  [UCA 76-9-702(3)]

    Sexual harassment level 1 - Sexual language, whether verbal or written, including joking; sexual conduct that is visual or silent or through any medium; or allegedly unintentional sexual touching -- all of which create a hostile environment.

    Sexual harassment level 2 - Physical, intentional, sexual conduct, touching, threat or intimidation that is not criminal.

    Special education - specially designated instruction, at no cost to the parents or guardians, to meet the unique needs of a student with a disability.  This education includes instruction conducted in the classroom, in the home, in a hospital or an institution, and in other settings and instruction in physical education.

    Suspension - involuntary temporary removal of a student from school attendance and activities.

    Theft - to obtain or exercise unauthorized control over the property of another.

    Tobacco - includes cigarettes, cigars, pipes, electronic cigarettes (vaping), smokeless or other tobacco products in any form.

    Trespassing - to enter or remain unlawfully on property, including being present on school grounds during a period of suspension or expulsion.

    use, possession, sale, distribution of alcohol, drugs, controlled substances and imitation controlled substances - shall have the meanings ascribed to them in the Utah Controlled Substances Act, the Utah Drug Paraphernalia Act, the Imitation Controlled Substances Act, and the Alcoholic Beverage Control Act or any successor

    Vaping – inhale and exhale the vapor produced by an electronic cigarette or similar device

    Vandalism - intentionally damaging, defacing or destroying the property of others.

    Weapon - any item that in the manner of its use or intended use is capable of causing death or serious bodily injury, including, but not limited to, BB-guns, air guns, pellet guns, blow guns, sling-shots, cross-bows, archery bows, all knives, explosives, chemical, noxious, or flammable materials, and all items containing gun powder.



    ADDENDUM

    UTAH COUNTY ACADEMY OF SCIENCES

    POLICIES AND PROCEDURES ON STUDENT USE OF

    TOBACCO, ALCOHOL AND CONTROLLED SUBSTANCES

     

    CHEMICAL DEPENDENT ASSESSMENT/EVALUATIONS

    Screening is available through the Utah County Health Department, Division of Human Services (370-8428). A referral is required.  Those referred to Youth Treatment Services will be screened/assessed to determine the most appropriate placement for services.

     

    Service Providers may include:

     

    * The Gathering Place – 801-226-2255

    Spell out (DCFS Orem Office) – 801-224-7820

     Utah County Health Dept. – 801-851-7000

     Provo Canyon School Substance Abuse Services – 800-848-9819

     

    * Cost will be on a sliding fee schedule based on ability to pay.

     

    IN-PATIENT/RESIDENTIAL TREATMENT

    Currently, there are no facilities available where adolescents may receive in-patient treatment without cost.






    Approved 02/21/2017

    Updated 10/2018