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Drugs and Alcohol     7/1/2008

 

DRUGS AND ALCOHOL

 

Students are absolutely prohibited from carrying, possessing in any manner, using or selling alcoholic beverages, morphine, marijuana, cocaine, opium, heroin or their derivatives or compounds, drugs commonly called LSD, "pep" pills, tranquilizers, or any other narcotic drug, barbiturate, substance ingredient or compound which, when taken orally, intravenously, inhaled or in any other manner, may cause the person to be under the influence thereof or any other controlled substance regulated by law. 

 

The provisions of this policy shall not apply to any student who is under the care of a licensed physician and who is taking medication which is under the supervision and direction of such physician. 

 

The provisions of this policy shall apply to all students during all of the period of time that they are under and subject to the jurisdiction of this school district, while participating in or going to or from any school-related activity, while under the supervision and direction of any teacher, principal or other authority of this school district or when such conduct does or may threaten to interfere with or disrupt the educational process or pose a threat to the safety of the student or others.

 

Any student violating any of the provisions of this policy shall be automatically suspended and recommended for expulsion by the superintendent or principal of the school in which the student is enrolled. 

 

This policy is for the discipline and protection of the students of this school district and their general welfare. Nothing herein contained shall be construed to avoid any prosecution under any pertinent criminal statute of the State of Mississippi.

 

TOBACCO USE PROHIBITED

 

This act shall be known and cited as  Mississippi Adult Tobacco Use on Educational Property Act of 2000.

 

DEFINITIONS

(1)        Adult: any natural person at least eighteen (18) years old.

(2)        Minor: any natural person under the age of eighteen (18) years old.

(3)        Person: any natural person.

(4)        Tobacco product: any substance that contains tobacco, including, but not limited to, cigarettes, cigars, pipes, snuff, smoking tobacco or smokeless tobacco.


(5)        Educational property: any public school building or bus, public school campus, grounds, recreational area, athletic field, or other property owned, used or operated by any local school board, school, or directors for the administration of any public educational institution or during a school-related activity; provided, however, that the term Aeducational property@ shall not include any sixteenth section school land or lieu land on which is not located a public school building, public school campus, public school recreational area or public school  athletic field.  Educational property shall not include property owned or operated by the state institutions of higher learning, the public community and junior colleges, or vocational-technical complexes where only adult students are in attendance.

 

PENALTY FOR VIOLATION

 

No person shall use any tobacco product on any educational property as defined in this act.  Any adult who violates this section shall be subject to a fine and shall be liable as follows:

(a)        For the first conviction, a warning;

(b)        For a second conviction, a fine of Seventy-Five Dollars ($75.00); and

(c)        For a all subsequent convictions, a fine not to exceed One Hundred Fifty Dollars ($150.00) shall be imposed.

 

ISSUANCE OF CITATION

 

Any adult found in violation of this section shall be issued a citation by a law enforcement officer, which citation shall include notice of the date, time and location for hearing before the justice court having jurisdiction where the violation is alleged to have occurred.  For the purposes of this section, subsequent convictions are violations committed on any educational property within the State of Mississippi.  § 97-32-27 thru 97-32-29

 

LEGAL REF.: MS CODE § 37-11-18; § 41-29-101 et seq.; § 97-32-27 thru § 97-32-29

CROSS REF.: Policies JCAA C Due Process

  JCBE C Unlawful or Violent Acts

  JGCD C Student Health Services -- Medicines


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Durant Public School District