Definitions Related to the Code of Behavior

The following definitions are intended to provide a simple statement of concepts and wording used in the Code of Behavior, but do not replace the wording or definitions used in the main text of the Code of Behavior including the Acts for Which Students May be Disciplined, or applicable PWCS policies and regulations.

Aggravating Circumstances

A finding that:

• The student engaged in misconduct that caused serious harm (including but not limited to physical, emotional, or psychological) to another person; or
• The student posed a credible threat of serious harm to another person as determined by a threat assessment; or
• A student’s presence in the school poses an ongoing and unreasonable risk to the safety of the school, its students, staff, or others in the school; or
• A student engaged in a serious offense that is persistent (repeated similar behaviors are documented in the student’s disciplinary record) and unresponsive to targeted interventions as documented through an established intervention process.

Alcohol

Any alcoholic beverage as defined by the Code of Virginia, including beer, wine, and distilled spirits. Alcohol is a prohibited substance under the Code of Behavior and Regulation 735-1. See also Prohibited Substances.

Alternative Education Program

See Nontraditional Education Program. These terms are used interchangeably in PWCS policies and regulations.

Arson

An attempt to set, aiding others in setting, or setting a fire regardless of whether the fire ignites, or causes damage of any kind to, school property or the property of staff or students. Students may also be disciplined for possession of items that could be used to set or cause a fire or produce large amounts of smoke, false activation of fire alarms, and knowingly making false reports of fire.

Assault

Assault is an intentional act, such as gestures or words, that results in a reasonable expectation that the other person is at imminent risk of physical harm or offensive contact, but physical contact does not occur.

Assault and Battery

Assault and Battery is intentional harmful or offensive physical contact with another person that results in injury. Assault and battery includes but is not limited to biting, hitting, kicking, punching, striking, or any other form of physical aggression, or any other intentional or offensive physical contact, that results in injury.

Assault by Group (Group Assault)

Actions taken by two or more students working together to engage in the assault of, assault and battery of, or intentional aggressive physical contact with, another person is deemed group assault.

Bullying

Any aggressive and unwanted behavior that is intentional, involves a real or perceived imbalance of power, and is repeated over time or results in physical injury or substantial emotional harm. Bullying includes conduct that substantially interferes with a student’s educational opportunities or creates an intimidating, threatening, or abusive educational environment. Bullying does not include ordinary teasing, mutual conflict, or incidents of peer disagreement.

Cheating, Including Plagiarism

Any form of academic dishonesty, including but not limited to copying or sharing work without authorization, submitting another person’s work as one’s own, self‑plagiarism, unauthorized collaboration, or the unauthorized use of artificial intelligence or other technological tools to complete academic assignments.

Cyberbullying

Bullying that is carried out through the use of electronic communication devices or digital platforms, including computers, cell phones, social media, artificial intelligence tools, or other online technologies.

Distribution

Distribution includes, but is not limited to the delivery, transfer, sale, exchange, barter, gift, or sharing of a prohibited substance defined in Regulation 735-1, “Prohibited Substances,” including related paraphernalia. Students engaged in the receipt or attempted receipt, purchase or attempted purchase, distribution, or attempted distribution of drugs (illegal, prescription, and/or over the counter), alcohol, inhalant intoxicants, look-alikes, placebos, or paraphernalia are subject to discipline.

Disruptive Behavior

Conduct that materially and substantially interferes with the operation of the school, the instructional process, or the rights of others, including persistent defiance, refusal to comply with reasonable directions, or behavior that significantly disrupts the educational environment.

Dress and Grooming

Standards governing student attire and appearance established to support health, safety, equity, and an orderly learning environment, applied consistently and without discrimination.

Exclusion

The denial of school admission to a student who has been expelled or has been placed on a long-term suspension of more than 30 calendar days by another school board or a private school, either in Virginia or another state, or for whom admission has been withdrawn by a private school in Virginia or another state.

Expulsion

A disciplinary action imposed by the School Board Disciplinary Committee or the full School Board, whereby a student is not permitted to attend school within the school division and is ineligible for readmission for 365 calendar days after the date of the expulsion. The School Board may permit a student who has been expelled to participate in a nontraditional education program during the term of the expulsion. A student who is expelled may petition to be readmitted to PWCS after the term of expulsion ends.

Fighting

Fighting, in contrast to assault or battery, involves mutual, intentional participation in a physical altercation between two or more individuals, where both parties are actively engaged.

Group Assault

See Assault by Group (Group Assault)

Harassment

Conduct, whether verbal, physical, written, electronic, or visual, that is sufficiently severe, persistent, or pervasive so as to interfere with or deny a student’s ability to participate in or benefit from the educational program, or that creates an intimidating, hostile, or offensive educational environment. Bullying or cyberbullying on the basis of a student’s membership in, or perceived membership in a class protected by state or federal law from discrimination (see definition of Protected Class) or sexual misconduct within the scope of Title IX will be investigated and responded to under procedures set forth in PWCS policies and regulations applicable to discrimination and Title IX, rather than the procedures applicable to bullying that does not involve discrimination. Bullying, cyberbullying, harassment, and sexual misconduct under Title IX are subject to discipline under the Code of Behavior.

Hate Speech

Speech that expresses hate, reinforces offensive stereotypes, or encourages violence towards a person or group based on something such as race, religion, sex, sexual orientation, disability or membership, or perceived membership, in a protected class.

Hazing

Any reckless or intentional act, whether occurring on or off school property, that endangers the physical or mental health or safety of a student, or causes bodily injury, for the purpose of initiation, admission into, affiliation with, or continued membership in any organization, club, or group.

Hearing Officer

An administrator who is appointed by the Superintendent to act as a designee for discipline decisions and who is trained to conduct due process hearings and to administer the disciplinary process. In PWCS, hearings officers are members of the Student Hearings Department.

Intentional Aggressive Physical Contact

Intentional Aggressive Physical Contact includes biting, hitting, kicking, punching, striking, or any other form of physical aggression, or any other intentional or offensive physical contact, that does not result in injury.

Long-Term Suspension

Any disciplinary action whereby a student is not permitted to attend school for 11 to 45 school days. A long-term suspension may be extended up to but no more than 364 calendar days if the offense involves a firearm or other weapon, a controlled substance, involves serious bodily injury, or a hearing officer makes a finding that aggravating circumstances apply.

Manifestation Determination Review (MDR)

A determination conducted by the student’s Individualized Education Program (IEP) or 504 team to assess whether the conduct that may result in discipline was caused by, or had a direct and substantial relationship to, the student’s disability, or was the direct result of the school’s failure to implement the IEP or Section 504 plan. An MDR is required when PWCS is contemplating a removal of more than 10 consecutive school days or the student has received a series of short-term removals that constitute a pattern and the removals total more than 10 school days in a school year.

Misuse or Unauthorized Use of Technology

To use computers, cell phones, tablets, PWCS internet, or other technology resources in ways that are incompatible with a PK-12 educational environment or have a negative impact on school operations, safety, security, or the educational opportunities of others even when the conduct occurs off campus. Technology use rules are set forth in PWCS Regulation 295-1, “Computer Systems and Network Services - PWCS Responsible Use and Internet Safety Policy” and PWCS Policy 729, “Cell Phone-Free Education.” Violations include, but are not limited to, the unauthorized use of the login credentials or accounts of others, the use of artificial intelligence to impersonate the likeness of others, creating, posting, or sending content that bullies, harasses, threatens, or degrades others, photographing or video recording students engaged in misconduct, experiencing a medical emergency, or who are in a state of undress.

Nontraditional Education Program

An educational placement or instructional program outside the traditional comprehensive school setting, including alternative education programs, assigned as part of a disciplinary response or intervention plan.

Persistently Dangerous Behaviors

Serious offenses identified under state and federal law for purposes of designating persistently dangerous schools. Such behaviors require mandatory reporting to the Superintendent and law enforcement and typically result in the most serious disciplinary responses.

Personal Electronic Communication Device

Any personal device capable of connecting to a smartphone, the internet, a cellular or Wi-Fi network, or directly connects to another similar device. Personal electronic communication devices may include some wearable devices such as smart watches, AI enabled glasses, as well as personal headphones, laptops, tablets, and other future personal electronic communication devices with the above mentioned characteristics.

Plagiarism

See Cheating, Including Plagiarism.

Prohibited Substances

Substances and related paraphernalia prohibited under PWCS Regulation 735-1, “Prohibited Substances,” including but not limited to controlled substances, imitation controlled substances, marijuana, alcohol, tobacco, nicotine vapor products, and associated delivery devices.

Profanity

The use of vulgar, lewd, indecent, obscene, or patently offensive language, gestures, or symbols, including language that is threatening or demeaning.

Protected Class

Membership in, or perceived membership in, a group that is protected from discrimination under state or federal law as reflected in the PWCS Nondiscrimination policy, which provides that PWCS does not permit discrimination on the basis of race, color, religion, national origin (including shared ancestry and ethnic characteristics), sex, gender identity, sexual orientation, pregnancy, childbirth or related medical conditions including lactation, age, marital or parental status, veteran status, disability, genetic information, or any other basis prohibited by law.

Stalking

A course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or to suffer substantial emotional distress.

Theft

The unauthorized taking, attempted taking, or possession of property belonging to another individual or to PWCS, with intent to permanently or temporarily deprive the owner of its use.

Threat Against Students or Staff

A threat for which a student may be disciplined is a statement made orally, in writing, or depicted visually, that conveys an intention to intimidate, commit violence, injure, or take other harmful action, or to encourage others to intimidate, commit violence, injure, or take other harmful action, against a student, a staff member, or other school officials. A student may be disciplined for making a threat even if the threat is neither sent or delivered to, nor observed or known of by, the person to whom the threat is directed and regardless of whether the person to whom the threat is directed is intimidated by or in reasonable apprehension of harm due to the threat.

Threat Assessment

A threat assessment is a fact-based process, conducted by a multidisciplinary team, which is tasked with evaluating and addressing an individual’s threatening, concerning, or aberrant behavior that may jeopardize the safety of the school community including students and staff members. Threatening, concerning, or aberrant behavior includes, but is not limited to, the making of oral, written, or visually depicted statements that convey an intention to intimidate, commit violence, injure, or take other harmful actions. A threat assessment is not a disciplinary process.

Tobacco

Any tobacco‑derived or nicotine‑containing product, including cigarettes, cigars, vaping devices, electronic smoking devices, and related components or paraphernalia.

Trespassing

Trespassing in violation of the Code of Behavior means entering or remaining on PWCS property without written permission after receiving notice that one’s presence at school or on school grounds is prohibited, remaining at school or on school property after being told by a school official to leave, entering areas of a school or other PWCS building that is not open to students, or entering a school or other PWCS building after the school or building is closed. This includes school buses or school-sponsored events regardless of location.

Students who violate state criminal laws against trespassing or other related conduct may also be subject to criminal prosecution.

Truancy

Failure to attend school or assigned classes without a valid excuse, as defined by the Code of Virginia and PWCS attendance regulations.

Unauthorized Access

Gaining entry to, or assisting others in entering, secured or restricted school areas without permission, including circumventing established safety or screening procedures.

Vandalism

The intentional or malicious destruction of, damage to, or defacement of school property or the property of others.

Weapons

Any firearm, knife, destructive device, or other object defined as a weapon or prohibited object under PWCS Regulation 775-1. “Weapons and Prohibited Objects,” or applicable state or federal law, including look‑alike or imitation weapons and ordinary objects that are used as weapons.