Select Page

District Policies

Viewing Policy: SP 4158 Employee Security



EMPLOYEE SECURITY

 

The San Benito County Superintendent of Schools desires to provide a safe, orderly working environment for all employees. As part of the Department’s comprehensive school safety plan, the County Superintendent or designee shall develop strategies for protecting employees from potentially dangerous persons and situations and for assisting them in the event of an emergency situation.

 

The County Superintendent or designee shall ensure that employees are informed, in accordance with law, regarding crimes and offenses by students who may pose a danger in the classroom. (For example, see Education Code 4820149079; Welfare and Institutions Code 827)

 

Any employee against whom violence or any threat of violence has been directed in the workplace shall notify the County Superintendent or designee immediately. As appropriate, the Superintendent or designee may initiate legal and security measures to protect the employee and others in the workplace.

 

The County Superintendent or designee may pursue legal action on behalf of an employee against a student or his/her parent/guardian to recover damages to the employee or his/her property caused by the student’s willful misconduct that occurred on Department property, at a school or Department activity, or in retaliation for lawful acts of the employee in the performance of his/her duties. (For example, see Education Code 4890448905)

 

The County Superintendent or designee shall ensure that employees are trained in crisis prevention and intervention techniques in order to protect themselves and students. Staff development may include training in classroom management, effective communication techniques and crisis resolution.

 

The County Superintendent recognizes that access to two-way communications devices allows employees to call for assistance from their supervisor or law enforcement in the event of a threat of violence or medical emergency. The Department shall provide such communications devices in classrooms to the extent possible.

 

Employees may not carry or possess pepper spray on school property or at school activities. On a case-by-case basis, however, the County Superintendent or designee may allow the possession of a pepper spray weapon that meets the requirements of Penal Code 12403.7 when justified by unusual dangerous circumstances. Any employee who is negligent or careless in the possession or handling of pepper spray shall be subject to appropriate disciplinary measures.

 

 

 

 

 

 

 

 

Reporting of Injurious Objects

 

The San Benito County Superintendent of Schools requires school employees to take immediate action upon being made aware that any person is in possession of an injurious object on school grounds or at a school-related or school-sponsored activity. The employee shall use his/her own judgment as to the dangerousness of the situation and, based upon this analysis, shall do one of the following:

 

  1. Confiscate the object and deliver it to the Program Administrator immediately

 

  1. Immediately notify the Program Administrator, who shall take appropriate action

 

  1. Immediately notify the local law enforcement agency or 911 and then the Program Administrator

 

When informing the Program Administrator about the possession or seizure of a weapon or dangerous device, the employee shall report the name(s) of persons involved, witnesses, location, and the circumstances of any seizure.

 

Legal Reference:

EDUCATION CODE

32210-32212 Willful disturbance, public schools or meetings

32225-32226 Communication devices

35041.5 Legal Counsel

44014 Report of assault by pupil against school employee

44807 Duty concerning conduct of students48201 Transfer of student records

48904 Liability of parent for misconduct of minors

48905 Injury to employee

49079 Notification to teacher; student who has engaged in acts constituting grounds for suspension or expulsion

CIVIL CODE: 51.7  Freedom from violence or intimidation

CODE OF CIVIL PROCEDURE: 527.8 Workplace violence safety act

GOVERNMENT CODE: 995-996.4 Defense of public employees; 3543.2 Scope of representation

PENAL CODE: 71 Threatening public officers and employees and school officials 240 Definition of assault

  • Assault on school or park property against any person;
  • Assault against school bus drivers;

241.6 Assault on school employee includes board member 242 Definition of battery;

243     Battery; definition of “injury” and “serious bodily injury”;

  • Battery on school or park property against any person;
  • Battery against school bus drivers;

243.6 Battery against school employee includes board member;

245.5 Assault with deadly weapon; school employee includes board member 290 Registration of sex offenders;

601 Trespass by person making credible threat;

  • Gun-Free School Zone Act of 1995;
  • Exceptions to bringing weapons on school grounds;

646.9 Stalking;

22810 Purchase, possession or use of tear gas for self-defense;

12403.7 Weapons approved for self defense

WELFARE AND INSTITUTIONS CODE: 827 Juvenile court proceedings; reports; confidentiality

828.1 District police or security department, disclosure of juvenile records

Management Resources:

CDE CORRESPONDENCE: 0401.01 Protecting Student Identification in Reporting Injurious Objects

WEB SITES: California Department of Education, Safe Schools and Violence Prevention; Office: http://www.cde.ca.gov/ls/ss/

CSBA: http://www.csba.org

 

 

 

Policy Approved: 2-08-19