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I. General Statement. When reasonably necessary to aid the student, further school purposes, or prevent interference with the educational process, the District shall curtail a student's participation in District extracurricular activities. Students shall not be permitted to be on District property or participate in or attend District sponsored extracurricular activities during the time period that the student is excluded from school for disciplinary reasons. In addition, students may be curtailed from extracurricular activities for misconduct taking place off school grounds and not at a school function, activity, or event. Curtailment may also occur outside the academic school year if the misconduct takes place on District property or during a school sponsored activity pursuant to the provisions of this Rule and Rule 5400.6.

II. Ineligibility During Short and Long-term Suspension, Expulsion, or Emergency Exclusion: Misconduct On School Grounds or Under District Control.

A. Period of Ineligibility. During any time period that a student is excluded from school due to short- term suspension, long-term suspension, expulsion, or emergency exclusion for conduct occurring on District property, or in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct, the student so excluded shall also be ineligible for participation in extracurricular activities for the entire period of exclusion, and will also be prohibited from attending any District sponsored extracurricular events during the period of exclusion from school, including “away games” and District sponsored extracurricular events being held at other non-District schools or facilities.

B. Effective Following Semester If Necessary. The ineligibility period shall remain in effect during the following semester (including the following academic school year) if there are insufficient school days in the semester to complete the ineligibility period.

C. Summer. Curtailment of extracurricular activities may occur outside the academic school year if the misconduct takes place on District property or during a school sponsored activity pursuant to the provisions of this Rule and Rule 5400.6.

III. Additional Ineligibility: Misconduct Off School Grounds

A. Period of Ineligibility for Conduct off School Grounds. The prohibited conduct contained in Rule 5400.6 shall subject the student to the periods of ineligibility for extracurricular activities defined in Rule 5400.6 for conduct occurring off school grounds and not at a school event during the academic school year:

B. District Events During Ineligibility Period. Students who are ineligible for participation in extracurricular activities will also be prohibited from attending any District-sponsored extracurricular events during the ineligibility period, including “away games” and District sponsored extracurricular events being held at other non-District schools or facilities.

C. Effective Following Semester if Necessary. The ineligibility period shall remain in effect during the following semester (including the following school year) if there are insufficient school days in the semester to complete the ineligibility period, including “away games” and District sponsored extracurricular events being held at other non-District schools or facilities.

IV. Procedure. If a student is not being subjected to short-term suspension, long-term suspension, emergency exclusion, mandatory reassignment, or expulsion, but is having his/her participation in extracurricular activities curtailed for disciplinary reasons, the following procedures will be followed:

A. The principal or principal's designee shall make an investigation of the misconduct.

B. The principal or principal's designee may curtail or prohibit participation in an extracurricular activity after the principal or principal's designee determines that it is necessary to aid the student, further school purposes, or prevent interference with the educational process.

C. Prior to the curtailment, the student will be given oral or written notice by the principal or principal's designee of the charges, an explanation of the evidence against the student, and an opportunity to present the student's version.

D. Within twenty-four (24) hours or such additional time as is reasonably necessary following the decision to impose curtailment, the principal or principal's designee will send a written statement to the student and the student's parent or guardian describing:

1. The student's conduct; and

2. The reasons for the action taken.

V. Effective Date: Misconduct Off School Grounds. The effective date of the curtailment of extracurricular activities shall be the date that the principal or principal's designee provides the student with the oral or written notice of the charges, except the principal shall not issue a letter of curtailment until there is a student admission, court decision, or citation.

VI. Appeal: Misconduct Off School Grounds.

A. Curtailment for Ten (10) School Days or Less. If the student's curtailment of extracurricular activities is ten (10) school days or less, there will be no right to an appeal.

B. Curtailment for More than Ten (10) School Days. Any student whose curtailment of extracurricular activities exceeds ten (10) school days may appeal the decision to the Superintendent or Superintendent's designee by complying with the following procedures:

1. Within five (5) school days of the date of the receipt of the written decision to curtail participation in extracurricular activities, the student, or the student's parent or guardian, shall submit in writing to the Superintendent or Superintendent's designee:

a. A request to have the decision reviewed; and

b. The reason(s) for the request.

2. Any supporting evidence for the student's appeal shall be submitted in affidavit form with the written request for review. The evidence may include evidence that the student did not give to the principal or principal's designee when the student was given oral or written notice of the charges.

3. The Superintendent's or the Superintendent's designee's written disposition of the appeal will be mailed to the student, or the student's parent or guardian, within five (5) school days of the Superintendent's or Superintendent's designee's receipt of the appeal. If the request for review is not submitted to the Superintendent or Superintendent's designee in a timely fashion, the appeal shall be considered waived unless the student, or student's parent or guardian, are able to show that exigent circumstances prevented the timely submission of the appeal. The Superintendent or Superintendent's designee may change, revoke, or impose the sanction recommended by the principal or principal's designee. The Superintendent or the Superintendent's designee, however, cannot impose a sanction more severe than that recommended by the principal or principal's designee.

VII. Adoption of Rules by Athletic Teams, Clubs, and all Other Organizations Sponsored or Associated With the District. This Rule and Rule 5400.6 shall be adopted and enforced by all District teams, clubs, and organizations, which make up the District's extracurricular activities. If any District team, club, organization, or other extracurricular activity has written rules or regulations, this Rule and Rule 5400.6 (VIII) will be incorporated into such rules or regulations. Coaches and staff in charge of District extracurricular activities may adopt such other rules and regulations as are necessary to maintain discipline and order.

VIII. Commutation. Penalties assigned under this Rule may be reduced by the Superintendent or Superintendent's designee upon the successful completion of counseling, community service, or other alternative to curtailment set by the District. The District shall have the sole discretion in determining whether the student is eligible for commutation, and what form the counseling, community service, or other alternative to curtailment must be successfully completed before commutation may take place. Any costs associated with counseling, community service, or other alternative to curtailment shall be borne by the student or the student's parent(s) or guardian(s).

IX Definitions.

A. "Academic school year" shall mean the time students are in school during the dates and times that are set by the school calendar adopted by the Board, including summer school.

B. "Extracurricular activities" shall mean all athletic teams, activities, groups, clubs, homecomings, proms, dances, graduation ceremonies, and all other organizations or events sponsored by or associated with the District which are not part of the District curriculum.

C. "Ineligibility period" shall mean that period of time that a District student is prohibited from participating in and/or attending any District extracurricular activities.

D. "On school grounds" shall mean on District property, in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct.

E. "School day" shall mean any day that school is in session and students are attending academic courses. It does not include days that practices for extracurricular activities are held during the summer, or weekends and vacations that occur during the academic school year.