Section 37H ½. Notwithstanding the provisions of section eighty-four and sections sixteen and seventeen of chapter seventy-six:

(1) Upon the issuance of a criminal complaint charging a student with a felony or upon the issuance of a felony delinquency complaint against a student, the principal or headmaster of a school in which the student is enrolled may suspend such student for a period of time determined appropriate by said principal or headmaster if said principal or headmaster determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and the reasons for such suspension prior to such suspension taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such suspension; provided, however, that such suspension shall remain in effect prior to any appeal hearing conducted by the superintendent.

The student shall have the right to appeal the suspension to the superintendent. The student shall notify the superintendent in writing of his request for an appeal no later than five calendar days following the effective date of the suspension. The superintendent shall hold a hearing with the student and the student's parent or guardian within three calendar days of the student's request for an appeal. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the suspension.

(2) Upon a student being convicted of a felony or upon an adjudication or admission in court of guilt with respect to such a felony or felony delinquency, the principal or headmaster of a school in which the student is enrolled may expel said student if such principal or headmaster determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and reasons for such expulsion prior to such expulsion taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such expulsion; provided, however, that the expulsion shall remain in effect prior to any appeal hearing conducted by the superintendent.

The student shall have the right to appeal the expulsion to the superintendent. The student shall notify the superintendent, in writing, of his request for an appeal no later than five calendar days following the effective date of the expulsion. The superintendent shall hold a hearing with the student and the student's parent or guardian within three calendar days of the expulsion. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the expulsion.

Upon expulsion of such student, no school or school district shall be required to provide educational services to such student.

MASSACHUSETTS GENERAL LAW - Chapter 71: Section 37H

(a) Any student who is found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a dangerous weapon, including, but not limited to, a gun or a knife; or a controlled substance as defined in chapter ninety-four C, including, but not limited to, marijuana, cocaine, and heroin, may be subject to expulsion from the school or school district by the principal.

(b) Any student who assaults a principal, assistant principal, teacher, teacher's aide or other educational staff on school premises or at school-sponsored or school-related events, including athletic games, may be subject to expulsion from the school or school district by the principal.

(c) Any student who is charged with a violation of either paragraph (a) or (b) shall be notified in writing of an opportunity for a hearing; provided, however, that the student may have representation, along with the opportunity to present evidence and witnesses at said hearing before the principal.

After said hearing, a principal may, in his discretion, decide to suspend rather than expel a student who has been determined by the principal to have violated either paragraph (a) or (b).

(d) Any student who has been expelled from a school district pursuant to these provisions shall have the right to appeal to the superintendent. The expelled student shall have ten days from the date of the expulsion in which to notify the superintendent of his appeal. The student has the right to counsel at a hearing before the superintendent. The subject matter of the appeal shall not be limited solely to a factual determination of whether the student has violated any provisions of this section.

Upon a student being convicted of a felony or upon adjudication or admission in court of guilt with respect to such a felony or felony delinquency, the principal or headmaster of a school in which the student is enrolled may expel said student if such principal or headmaster determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and reasons for such expulsion prior to such expulsion taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such expulsion; provided, however, that the expulsion shall remain in effect prior to any appeal hearing conducted by the superintendent.

The student shall have the right to appeal the expulsion to the superintendent. The student shall notify the superintendent, in writing, of his request for an appeal no later than five calendar days following the effective date of the expulsion. The superintendent shall hold a hearing with the student and the students’ parent or guardian within three calendar days of the expulsion. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the expulsion. Upon expulsion of such student, no school or school district shall be required to provide educational services to such student.

(e) When a student is expelled under the provisions of this section, no school or school district within the commonwealth shall be required to admit such student or to provide educational services to said student. If said student does apply for admission to another school or school district, the superintendent of the school district to which the application is made may request and shall receive from the superintendent of the school expelling said student a written statement of the reasons for said expulsion.

Massachusetts General Laws -- Chapter 269

Hazing as described by Massachusetts General Law, Chapter 269, Section 17 is prohibited.  Participants will be suspended from school for 5 school days.  Organizers of the incident will be suspended for 10 school days.  All such incidents will be reported to law enforcement authorities for further action.

Chapter 269: Section 17. Hazing; organizing or participating; hazing defined.

Whoever is a principal organizer or participant in the crime of hazing, as defined herein, shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year, or both such fine and imprisonment.

The term "hazing" as used in this section and in sections eighteen and nineteen, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or any other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage or drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.

Notwithstanding any other provisions of this section to the contrary, consent shall not be available as a defense to any prosecution under this action.

Chapter 269: Section 18. Failure to report hazing.

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine or not more than one thousand dollars.

Chapter 269: Section 19. Copy of secs. 17--19; issuance to students and student groups, teams and organizations; report.

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group, student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group, student team or student organization, a copy of this section and sections seventeen and eighteen; provided, however, that an institution’s compliance with this section’s requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups, teams or organizations shall not constitute evidence of the institution’s recognition or endorsement of said unaffiliated student groups, teams or organizations.

Each such group, team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members, plebes, pledges or applicants for membership. It shall be the duty of each such group, team or organization, acting through its designated officer, to deliver annually, to the institution an attested acknowledgement stating that such group, team or organization has received a copy of this section and said sections seventeen and eighteen, that each of it members, plebes, pledges or applicants has received a copy of sections seventeen and eighteen, and that such group, team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen.

Each institution of secondary education and each public or private institution of post secondary education shall, at least annually, before or at the start of enrollment, deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen.

Each institution of secondary education and each public or private institution of post secondary education shall file, at least annually, a report with the regents of higher education and in the case of secondary schools, the board of education, certifying that such institution has complied with its responsibility to inform student groups, teams, or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing, and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institution's policies to its students. The board of regents and, in the case of secondary institution, the board of education shall promulgate regulations governing the content and frequency of such reports, and shall forthwith report to the attorney general any such institution which fails to make such report.

AN ACT PROVIDING FOR DRUG FREE SCHOOLS

Effective July 1, 1989, anyone convicted of dealing drugs within 1000 feet of an elementary, vocational or secondary school will face a two-year mandatory prison sentence. It will not matter whether the dealer knew he/she was near a school, whether it is a public or private school or in session at the time of the offense. The law will pertain to drug distributors, manufacturers or persons possessing a controlled substance with intent to distribute it. A fine of up to $10,000.00 may also be imposed but not in lieu of the two-year term of imprisonment.

AN ACT PROVIDING FOR SUSPENSION OF A LICENSE TO OPERATE A MOTOR VEHICLE

A license to drive is one privilege drug offenders will now lose for certain. This new law provides that a conviction of any drug offense shall result in the loss of the right to drive for a period of up to five years. In the case of minors who may not have a driver’s license at the time of their conviction, they may lose the right to obtain a license until reaching age 21.

AN ACT FURTHER REGULATING MISUSE OF DRIVER LICENSES AND IDENTIFICATION

Teenagers and people under 21 years of age in particular should be aware that the mere possession of a false identification or license is an offense that can cause them to lose their driver license. A new law came into effect on August 4, 1989 that makes a broad spectrum of activities related to false I.D.’s or licenses punishable by loss of license for 6 months to one year, fines and possible imprisonment. These activities include, but are not limited to: making, using or carrying false I.D. or license; using the cards or license of another person; and furnishing false information in obtaining an I.D. or license. The registrar of motor vehicles may suspend a driver’s license for up to 6 months or upon conviction revoke a license for up to one year for violating any of these provisions.

Family Educational Rights and Privacy Act

Eligible parties may peruse any records kept on students at Oakmont at any time. There is nothing in the permanent or temporary record, which would not or could not have already been seen by a parent/guardian or student. These records include report cards, midterm reports, letters of commendation, attendance, health records, etc. Upon graduation or leaving Oakmont, students may obtain a copy of any record pertaining to said student. Students are requested to sign a statement, which allows Oakmont to maintain information in their folders, which could be of value to the student in the future, beyond the five-year limit of this act. Without this permission, school activities, health records, SAT scores, etc. could not be kept. Whenever a party feels the records are inaccurate that party may, in writing, add their version of the inaccuracy to the record. Additional information regarding these state regulations may be obtained from the Guidance Office.

Equal Opportunity

Recent landmark pieces of legislation, Chapter 622 of the 1972 Education Amendment, are laws prohibiting discrimination. These are based on the sound premise that in a knowledge-based society, equal opportunities in education are fundamental to equality in all other forms of human endeavor. It is the policy of Oakmont Regional High School not to discriminate on the basis of sex, color, race, religion, handicap or national origin as in accordance with Chapter 622 of the Massachusetts General Laws, Title IX, of the 1972 Education Amendment and Section 504 of the Rehabilitation Acts of 1973. 39.

MIAA Regulations: Taunting Rule

Taunting includes any actions or comments by coaches, players, or spectators which are intended to bait, anger, embarrass, ridicule, or demean others, whether or not the deeds or words are vulgar or racist. Included is conduct that berates, needles, intimidates, or threatens based on race, gender, ethnic origin, or background, and conduct that attacks religious beliefs, size, economic status, speech, family, special needs, or personal matters.

Examples of taunting include but are not limited to: "trash talk ", defined as verbal communication of a personal nature directed by a competitor to an opponent by ridiculing his/her skills, efforts, sexual orientation, or lack of success, which is likely to provoke an altercation or physical response; and physical intimidation outside the spirit of the game, including " in the face " confrontation by one player to another and standing over/straddling a tackled or fallen player.

In all sports, officials are to consider taunting a flagrant un-sportsmanlike foul that disqualifies the offending bench personnel or contestant from that contest/day of competition. In addition, the offender shall be subject to existing MIAA Expulsion Rules. A warning shall be given to both teams by game official prior to the contest.

At all MIAA contest sites and tournament venues, appropriate management may give spectators one warning for taunting. Thereafter, spectators who taunt players, coaches, game officials, or other spectators are subject to ejection.