BP 4158/4258/4358 — Employee Security
Section: 4000 - Personnel
Status: Active
Adopted: 2018-09-25
Revised: 2021-11-18
Policy text
EMPLOYEE SECURITY
The Governing Board desires to provide a safe and orderly work environment for all employees. As part of the district’s comprehensive safety plan, the Superintendent or designee shall develop strategies for protecting employees from potentially dangerous persons and situations and for providing necessary assistance and support when emergency situations occur. Board members are considered employees for the purpose of this policy.
Any person who threatens the safety of others at any district facility may be removed by the Superintendent or designee in accordance with AR 3515.2 - Disruptions.
Any employee against whom violence or any threat of violence has been directed in the workplace shall notify the Superintendent or designee immediately. As appropriate, the Superintendent or designee shall initiate legal and security measures to protect the employee and others in the workplace. Such measures may include seeking a temporary restraining order on behalf of the employee pursuant to Code of Civil Procedure 527.8 and/or a gun violence restraining order pursuant to Penal Code 18150 and 18170.
Upon request by an employee who is a victim of domestic violence, sexual assault, or stalking, the Superintendent or designee shall provide reasonable accommodations in accordance with Labor Code 230-230.1 and the accompanying administrative regulation to protect the employee’s safety while at work.
The Superintendent or designee may pursue legal action on behalf of an employee against a student or their parent/guardian to recover damages to the employee or their property caused by the student’s willful misconduct that occurred on district property, at a school or district activity, or in retaliation for lawful acts of the employee in the performance of their duties.
The Superintendent or designee shall provide staff development in crisis prevention and intervention techniques, which may include training in classroom management, effective communication techniques, procedures for responding to an active shooter situation, and crisis resolution.
In accordance with law, the Superintendent or designee shall inform teachers, administrators, and/or counselors, of crimes and offenses committed by students who may pose a danger in the classroom.
The Superintendent or designee may make available at appropriate locations, including, but not limited to, district and school offices, gyms, and classrooms, communication devices that would enable two-way communication with law enforcement and others when emergencies occur.
Use of Pepper Spray
Employees shall not carry or possess pepper spray on school property or at school activities, except when authorized by the Superintendent or designee for self-defense purposes. When allowed, an employee may only possess pepper spray in accordance with administrative regulations and Penal Code 22810. 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
Employees shall take immediate action upon being made aware that any person is in possession of a weapon or unauthorized injurious object on school grounds or at a school-related or school-sponsored activity. The employee shall use their own judgment as to the potential danger involved and shall do one of the following:
- Confiscate the object and deliver it to the principal immediately
- Immediately notify the principal, who shall take appropriate action
- Immediately call 911 and the principal
When informing the principal 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
City of San Jose v. William Garbett, (2010) 190 Cal. App. 4th 526
EDUCATION CODE - EDC
32210-32212 Willful disturbance, public schools or meetings
32225-32226 Communication devices
35213 Reimbursement for loss, destruction or damage of school property
44014 Report of assault by pupil against school employee
44807 Duty concerning conduct of students
48201 Transfer of student records
48900-48926 Suspension or expulsion
49079 Notification to teacher; student who has engaged in acts re: grounds suspension or expulsion
49330-49335 Injurious objects
CIVIL CODE - CIV
51.7 Freedom from violence or intimidation
CODE OF CIVIL PROCEDURE - CCP
527.8 Workplace violence safety
995-996.4 Defense of public employees
GOVERNMENT CODE - GOV
3543.2 Scope of representation
PENAL CODE - PEN
71 Threatening public officers and employees and school officials
240-246.3 Assault and battery, especially:
241.3 Assault against school bus drivers
241.6 Assault on school employee including board member
243.3 Battery against school bus drivers
243.6 Battery against school employee including board member
https://leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=PEN§ionNum=245.5
245.5 Assault with deadly weapon against school employee including board member
290 Registration of sex offenders
601 Trespass by person making credible threat
22810 Purchase, possession, and use of tear gas
827 Juvenile court proceedings; reports; confidentiality
828.1 District police or security department, disclosure of juvenile records
COURT DECISIONS
City of San Jose v. William Garbett, (2010) 190 Cal. App. 4th 526