My review of the Howell Public Schools Code of Conduct

After one of my High School teachers was punished for supposedly violating a student's first amendment rights, I decided to take a look at the School district's code of conduct. Mr. McDowell removed a student from class for stating "I don't accept gays" on a day designated to wear purple in opposition to bullying and the recent increase of gay teen suicide (see previous post). One student's rights end where another's begins. Here is a link to the support page for Mr. McDowell who was suspended for punishing the student: http://www.facebook.com/pages/Support-Jay-McDowell/155578927816489. 

As a student in Howell Public Schools, I signed the Code of Conduct every year and was expected to abide by the rules as outlined in the Code of Conduct. Teachers are expected to uphold the Code of Conduct, as is the Administration and the School Board. 

Below are my thoughts on the Howell Public Schools Code of Conduct in relation to the actions taken by Mr. McDowell and the Howell School Board.

The following is an excerpt from the Howell Public Schools Code of Conduct. It specifically addresses the issue of Constitutional rights.

"BEHAVIOR, STUDENT

The primary objective of Howell Public Schools is to assist each student to

develop into a responsible, self-disciplined individual willing to assume his/her

role as a productive member of society. An important aspect of this learning

process is learning to respect the rules and regulations that are established for

the protection of the rights of all members of the school community.

It is not the intent of Howell Public Schools through these policies to infringe

upon students' exercise of constitutionally guaranteed rights. However, when a

student's behavior presents a risk to his/her own well being, interferes with the

right of others, or becomes disruptive of the educational process, parents,

teachers, staff and administration must take corrective action through the Code

of Conduct.

The rules and policies of the Howell Public Schools apply to any student who

is on school property, or school-affiliated transportation, who is in attendance

at school or at any school-sponsored activity, or whose conduct at any time or

place interferes with the operations, discipline, or general welfare of the

school, regardless of location, date, or time. Students, staff and parents

should note that, where a range of consequences is specified, the nature and

severity of the offense shall determine the consequences assigned at the

discretion of the responding administrator. It should also be recognized that

any student who is an accomplice in the commission of an offense shall be

subject to the consequence guidelines." (Howell Public Schools Code of Conduct, Pg 13, http://www.howellschools.com/files/filesystem/HowellCodeWeb.pdf)

1. "The primary objective of Howell Public Schools is to assist each student to

develop into a responsible, self-disciplined individual willing to assume his/her

role as a productive member of society. An important aspect of this learning

process is learning to respect the rules and regulations that are established for

the protection of the rights of all members of the school community."

Stating that you do not accept a group of people, whether that person is of another race, gender or sexual orientation, is not RESPECTING anyone. It is not respecting the rights of all members of the school community (which include homosexual students)

2. "It is not the intent of Howell Public Schools through these policies to infringe

upon students' exercise of constitutionally guaranteed rights. However, when a

student's behavior presents a risk to his/her own well being, interferes with the

right of others, or becomes disruptive of the educational process, parents,

teachers, staff and administration must take corrective action through the Code

of Conduct."

The Howell Public Schools do not intend on infringing on the constitutional rights of any student, this includes freedom of speech. HOWEVER, "when a student's behavior interferes with the rights of others, or becomes disruptive of the educational process" it the teacher's responsibility to take corrective action. This is meant that while students do have the rights given to them in the Constitution, one student's rights end where another student's rights ends. The Code of Conduct recognizes a student's right to an education in a safe learning environment in a letter as signed by ALL members of the Board of Education. (Howell Public Schools Code of Conduct, Pg 3)

"ASSAULT, VERBAL

Verbal assault is defined as any statement or act, oral or written, which can

reasonably be expected to induce in another person an apprehension of

danger of bodily injury or harm.

Verbal Assault Upon Another Student

A student who verbally assaults another student will be subject to

disciplinary action, the extent of which shall be determined by the principal

and/or hearing officer.

Verbal Assault Upon A School Employee, Volunteer or Vendor

Any student in grade six or above who verbally assaults a school employee,

volunteer or vendor shall be expelled up to 180 school days." (Howell Public Schools Code of Conduct, Pg 8)

3. "Verbal assault is defined as any statement or act, oral or written, which can

reasonably be expected to induce in another person an apprehension of

danger of bodily injury or harm."

When a student expresses that they do not accept a person because of the characteristics, that student may have an apprehension of danger of bodily injury or harm, which may also apply to harm of ones' mental state.  

4. "HARASSMENT, VERBAL

Student who uses language to berate or publicly impugn the person (status,

race, creed, gender, sexual orientation, etc.) or reputation of another. Up to

ten days suspension; possible referral to central office assistant

superintendent for possible suspension and/or expulsion." (Howell Public Schools Code of Conduct, Pg 48)

When a student declares that they do not accept a group of people because of their status, race, creed, gender, sexual orientation, etc. as outlined by the Code of Conduct, they are committing a form of harassment.  The Code of Conduct accepts sexual orientation as a characteristic that cannot berated or publically insulted.

5."BULLYING

Students who engage in, or encourage intimidating behavior will face

disciplinary consequences." (Howell Public Schools Code of Conduct, Pg 13)

While it is deplorable that the "Bullying" section of the Howell Public Schools Code of Conduct is this vague and brief, it leaves the description open to interpretation. To declare that you do not accept a person for a characteristic that is unlike your own is a form of intimidating behavior. If students are constantly declaring that they do not accept homosexuals in the school, homosexual students will feel threatened and unprotected, just as any other student would. 

I would also like to remind ALL School Board member, even those whose terms are ending that they must comply to the rules of the School Board including:

0144.3	Conflict of Interest
	Board members shall perform their official duties in a manner free from conflict of interest. To this end:
	A.	No Board member shall use his/her position as a Board member to benefit either himself/herself or any other individual or agency apart from the total interest of the School District.
	B.	When a member of the Board determines that the possibility of a personal interest conflict exists, s/he should, prior to the matter being considered, disclose his/her interest (such disclosure shall become a matter of record in the minutes of the Board), and thereafter shall abstain from participation in both the discussion of the matter and the vote thereon. 0145 Discriminatory Harassment The Board of Education’s intent is to provide an environment that fosters the respect and dignity of each person. To this end, the Board is committed to maintaining an environment free of harassment and intimidation. Sexual harassment includes all unwelcome sexual advances, requests for sexual favors, and verbal or physical contacts of a sexual nature whenever submission to such conduct is made a condition of employment or a basis for an employment decision. Other prohibited conduct includes that which has the purpose or effect of creating an intimidating, hostile, discriminatory, or offensive environment on the basis of gender, religion, race, color, national origin or ancestry, age, disability, height, weight, marital status, sexual orientation and/or any other legally protected characteristic. *(Under this clause a School Board member is not allowed to speak offensively toward a person or group based on their sexual orientation) The harassment of a student, staff member, or third party (e.g. visiting speaker, athletic team member, volunteer, parent, etc.) is strictly forbidden. Any person who is found to have violated this policy will be subject to discipline in accordance with law.