Page 98 - POLICY GUIDE 2012

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parental notification does not compromise overall school/student safety. Parental notification
is encouraged at Level II and Level III and discretionary at Level I.
The principal shall immediately take such reasonable steps as necessary to protect
the complainant, students, teachers, administrators or other personnel pending completion of
an investigation of an alleged policy violation.
The principal shall determine whether the alleged conduct constitutes a violation of
this policy or W.Va. Code §18A-5-1a.
In determining the appropriate response and/or punishment for a Level I, II, or III
violation, the principal, superintendent or local board of education will consider the surround-
ing circumstances, the nature of the behavior, past incidents or continuing patterns of behav-
ior, the relationships between the parties involved and the context in which the alleged inci-
dents occurred. Whether a particular action or incident constitutes a violation of this policy
requires a determination based on all the facts and surrounding circumstances. When a county
board of education expels a student for twelve months for a Level IV violation, the county
superintendent under WV Code §18A-5-1a still has the power to reduce the student’s punish-
ment, if the superintendent finds it disproportionate to the student’s actions. However, the
superintendent must make a public record of this decision, and provide the reason for the re-
duction, as set forth in the statute.
The investigation will be completed as soon as practicable but no later than ten
(10) school days (days school is in session) following the reported violation, unless permission
has been requested and granted by the West Virginia Department of Education to extend the
investigation period. The investigator shall make a written report to the principal upon com-
pletion of the investigation. The report shall include a determination of whether the allegations
have been substantiated as factual and whether they appear to be violations of this policy. Har-
rison County procedures for the recording and filing of these reports at the local level are as
The result of the investigation of each complaint filed under these procedures will
be reported in writing to the complainant or his/her legal guardian by the principal or his/her
Confidentiality of the filing of complaints, the identity of subjects and witnesses of
any complaint and of any action taken as a result of such complaint is essential to the effec-
tiveness of this policy. Only those individuals necessary for the investigation and resolution of
the complaint shall be given information about it. Therefore, the right of confidentiality of
complainants, subjects, witnesses, and investigators will be vigorously protected and viola-
tions of such confidentiality may itself be grounds for disciplinary action.