14 Del. Admin. Code § 616-3.0
Current through Register Vol. 28, No. 4, October 1, 2024
Section 616-3.0 - Preliminary Discipline Investigation & Reporting Requirements3.1 Investigatory Procedures & Timeline 3.1.1 In any instance when student Disciplinary Action which may result in removal of the student out of the Regular School Program for one day or more is contemplated, the Principal shall conduct a preliminary investigation to determine if there is reasonable basis to pursue Disciplinary Action. 3.1.1.1 The Principal may remove the allegedly offending student from the general student population while conducting the preliminary investigation if the student's presence in the School Environment poses a threat to the health, safety, or welfare to persons or property within the School Environment, as determined by the Principal. Initial due process in accordance with subsection 4.2 .1 of this regulation shall be provided.3.1.1.2 When obtaining written statements from witnesses, reasonable efforts may be made to notify the Parent of each witness.3.1.1.3 Reasonable efforts shall be made to include the allegedly offending student or Parent in the preliminary investigation.3.1.2 The investigation shall be completed within three (3) school days of the date the incident in question was reported.3.1.3 The Principal shall confiscate any contraband as defined in the Student's Code of Conduct or under the School's policy or state or federal law, which may be used for criminal/juvenile delinquency proceedings. Such contraband shall be labeled and secured in a locked area. Any confiscated contraband, or that reasonably understood to be illegal contraband, which may be used for criminal/juvenile proceedings shall be turned over to the appropriate police agency as soon as practicable.3.2 Reporting Requirements 3.2.1 If the investigation reveals that there is reliable information that would lead a reasonable person to believe that a mandatorily reportable crime under 14 Del.C. § 4112 has been committed, the Principal shall immediately notify the appropriate law enforcement agency of the incident. 3.2.1.1 All reports to the appropriate law enforcement agency must be made immediately by telephone or in person and shall be followed by a written report of the investigation within three (3) business days.3.2.2 The Principal shall report all offenses listed as a mandatory report to the Department of Education under 14 Del.C. § 4112 and 14 DE Admin. Code 601 within five (5) business days of the incident by completing the information in the eSchoolPlus discipline center or successor Delaware Department of Education approved student database management application.14 Del. Admin. Code § 616-3.0
20 DE Reg. 277 (10/1/2016) (Final)