(b) Each agency, educational institution, and grantee shall control the content of its policy; provided, that each policy includes: (5) A list of the consequences that can result from an identified incident of bullying, which are designed to;

• (A) Appropriately correct the bullying behavior;
• (B) Prevent another occurrence of bullying or retaliation;
• (C) Protect the target of the bullying;
• (D) Be flexible so that in application they can be unique to the individual incident and varied in method and severity based on the:
  • (i) Nature of the incident;
  • (ii) Developmental age of the person bullying; and
    • (iii) Any history of problem behavior from the person bullying.

1502.3 A covered entity’s bullying prevention policy shall at a minimum include the following elements: (f) A list of consequences that can result from an identified incident of bullying that are designed to: (1) Appropriately correct the behavior deemed to be bullying; (2) Prevent future occurrences of bullying or retaliation; (3) Ensure the safety and well-being of the person who has reportedly experienced or is reportedly at risk for future acts of bullying or retaliation; and (4) Be flexible in application, appropriate to the individual incident, and varied in method and severity based on the:

• (A) Nature of the incident;
• (B) Developmental age of the person exhibiting bullying behaviors; and
• (C) Any history of problem behavior of all students involved in the incident(s) and where available, history of behavioral concerns documented in an Individualized Education Program (IEP) or 504 plan as a result of a disability under the Individuals with Disabilities Education Act (IDEA), approved Dec. 3, 2004 (118 Stat. 2647; 20 U.S.C. §§ 1400 et seq.) or Section 504 of the 1973 Rehabilitation Act, approved Sept. 26, 1973 (87 Stat. 394; 29 U.S.C. § 794).

2502.3 Tier III behaviors are those behaviors not specifically enumerated in any other tier in this chapter that cause significant disruption to the academic environment or cause harm to self or others. In addition to lesser consequences, Tier III behaviors may result in either on-site or off-site Suspension. (a) The following behaviors shall be considered Tier III behaviors: (1) Inappropriate Use of DCPS Computer or Network (restricted websites, offensive emails); (2) Sale or Distribution of any item without authorization; (3) Possession or Distribution of obscene or pornographic material on school premises; (4) Possession or Use of tobacco; (5) Use of alcohol; (6) Use of marijuana, controlled dangerous substances, imitation controlled substances, inhalants, other intoxicants, or drug paraphernalia; (7) Unauthorized Possession, Use, or Distribution of over-the-counter medication; (8) Verbal, written, or physical Threat to person or property (including intimidating postures); (9) Obscene, seriously offensive, or abusive language or gestures; (10) Causing disruption on school property or at any DCPS-sponsored or supervised activity; (11) Gambling; (12) Communicating slurs based on actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, or place of residence or business, including derogatory sexual language; (13) Engaging in Sexual Acts on school premises or at school-related functions; (14) Leaving school without permission; (15) Academic Dishonesty; (16) Forgery; (17) Lying to or giving misleading information to school staff; (18) Posting or distributing material or literature that is disrespectful, demeaning, humiliating, or damaging to students and/or staff. This includes posting material on internet or sending material electronically (via email or cell phone); (19) Engaging in behavior that demonstrates Gang/neighborhood crew affiliation (displaying clothing or gestures associated with Gangs); (20) Hazing; (21) Bullying, or using humiliating, or intimidating language or behavior, including Internet Bullying; (22) Possession of tools or instruments which school administrators deem could be used as weapons; (23) Engaging in reckless behavior that may cause harm to self or others; (24) Extortion; (25) Fighting where there is no injury and no weapon; (26) Trespassing; (27) Any behavior or other conduct not specifically enumerated in any other tier in this chapter that causes significant disruption to the academic environment or causes harm to self or others; (28) Documented Pattern of Persistent Tier II Behavior

(b) Disciplinary responses for Tier III behaviors shall include: (1) Verbal redirection/reprimand; (2) Teacher/student conference or administrator/student conference; (3) Parental contact (written or by phone); (4) Parent conference; (5) Temporary Removal of Student from Classroom; (6) Behavior contract; (7) In-School Disciplinary Action; (8) Grade reduction for Academic Dishonesty; (9) On-site Short-Term Suspension with provision of appropriate intervention services; (10) Off-site Short-Term Suspension, except in response to unexcused tardiness or absence; and (11) Off-site Medium-Term Suspension, except in response to unexcused tardiness or absence.