|
|
|
|
|
No student shall possess, use,
distribute, sell, possess with intent to distribute or sell, or conspire or
attempt to distribute or sell, or be under the influence of any narcotic
drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic
steroid, other controlled substance, any alcoholic beverage, malt beverage,
fortified wine, other intoxicating liquor, drug paraphernalia, counterfeit
substance, any unauthorized prescription drug, or any other chemicals or
products with the intention of bringing about a state of exhilaration,
euphoria, or of otherwise altering the student’s mood or behavior.
For
the purpose of the Code of Student Conduct the following definitions apply:
|
|
(1)
|
Possess: having the power or intent to
control a prohibited substance and shall include, but is not necessarily
limited to the possession of a prohibited substance in a student’s
automobile, locker, book-bag, or desk, or on a student’s person.
|
|
(2)
|
Use: the consumption, injection,
inhalation or absorption of a prohibited substance into a student’s body by
any means.
|
|
(3)
|
Under the influence: the use of any prohibited
substance at any time or place when the prohibited substance would
influence a student’s mood, behavior, or learning to any degree.
|
|
(4)
|
Sell: the exchange of a prohibited
substance for money, property, or any other benefit or item of value.
|
|
(5)
|
Distribute: to give, share, or pass a
prohibited substance.
|
|
(6)
|
Conspiracy: An agreement by two or more
persons to commit an unlawful act in violation of this policy.
|
|
(7)
|
Possess with Intent to
distribute/sell:
Intent to distribute or sell may be determined from the amount of the
prohibited substance found, the manner in which it was packaged, the
presence of packaging materials such as scales, baggies or other
containers, or from statements or actions of the student that demonstrate
an intent to distribute or sell.
|
|
(8)
|
Counterfeit Substance: any substance that is described
or presented with the intention of deceiving another into believing that it
is a substance prohibited under this policy.
|
|
(9)
|
Unauthorized Prescription Drug: Any drug or medication that has
not been prescribed for the student.
|
|
(10)
|
Drug Paraphernalia: Objects used for ingesting,
inhaling, or otherwise introducing controlled substances into the body,
e.g., pipes, rolling papers, “roach” clips.
Relevant evidence may be considered in determining whether an object
is drug paraphernalia.
|
|
6429.1
|
Except
as noted in 6429.2-6429.4 below, the first violation of this policy by a
student in grades 6-12 shall result in the long-term suspension of the
student from the school system for the remainder of the school year.
|
|
6429.2
|
When a
first infraction does not involve the distribution, sale, possession with
intent to distribute or sell, or conspiracy or attempt to distribute or
sell a substance prohibited by this policy, an alternative
to long-term suspension shall be offered.
This alternative shall be offered only one time to students during
their school career unless an exception is made by the superintendent. The alternative shall consist of a ten
(10) school day suspension (five (5) day suspension for students on
4-by-4 block schedule) and shall also require participation in a
corrective education and/or counseling program. The program shall be
designed by the superintendent and agreed to in writing by the parent,
guardian, student, and school principal.
Parents, guardians, and students shall be provided information by
school authorities concerning approved alternative programs. Failure to meet any requirements of the
alternative program reactivates the long-term suspension.
|
|
6429.3
|
Any
student who is fourteen (14) years of age or older and who distributes, sells,
possesses with intent to sell, or conspires to distribute or sell any
schedule I or schedule II controlled substance as defined by the North
Carolina Controlled Substances Act may be expelled.
|
|
6429.4
|
The proper use of a drug
authorized by valid medical prescription from a legally authorized health
care provider shall not be considered a violation of this rule when the
drug is taken by the person for whom the drug was prescribed.
|
|
Note: Schedule I
substances include, among other types, opiates; hallucinogenics
such as LSD, psilocybin, and peyote; and methaqualone. Schedule II includes opium, morphine,
methadone, dilaudid, oxycontin,
cocaine, PCP, ritalin, adderall,
concerta, metadate CD,
and other compounds.
|
|
Revised:
May 21, 2002
Revised:
May 6, 2003
Revised:
March 6, 2007
Revised: March 18, 2008
Revised: March 17, 2009
|
|
|
|
|
|
|
|