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PUBLIC CONDUCT ON SCHOOL PROPERTY REGULATION

1520-R

These rules govern the conduct of students, faculty and other staff,  licensees, invitees, and all other persons, whether or not their presence is authorized, upon district property, and also upon or with respect to any other premises or property, and also upon or with respect to any other premises or property under the control of the district and used in its teaching programs and activities, and in its administrative, cultural, recreational, athletic, and other programs and activities.

Prohibited Conduct:

No person, either singly or in concert with others, shall:

1.         cause physical injury to any other person nor threaten to do so, for the purpose of compelling or inducing such other person to refrain from any act which he/she has a lawful right to do, or to do any act which he/she has a lawful right not to do;

2.                  physically restrain or detain any other person, nor remove such person             from any place where he/she is authorized to remain, except that
            students may be restrained as permitted under Policy 5314, Corporal
            Punishment Complaints, or when the person is acting in lawful defense
            of him/herself or another person;

3.         damage or destroy property of the district or property under its jurisdiction, nor remove or use such property without authorization;

4.                  without permission, expressed or implied, enter into any private office of
            an administrative officer, member of the faculty, or staff member;

5.         enter upon and remain in any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others;

6.                  without authorization, remain in any building or facility after it is normally
            closed;

7.         refuse to leave any building or facility after being directed to do so by an authorized administrative officer, member of the faculty or staff member;

8.                  refuse to comply with the lawful order of a school official in the
            performance of the officials duties;

9.         obstruct the free movement of persons and vehicles in any place to which these rules apply;

10.              disrupt or prevent the peaceful and orderly conduct of classes, lectures
            and meetings or interfere with the freedom of any person to express
            his/her views, including invited speakers;

11.              have in his/her possession upon any premises to which these rules apply,
            any rifle, shotgun, pistol, revolver, or other firearm or weapon without
            the written authorization of the Superintendent of Schools or his/her
            designee, whether or not a license to possess the same has been issued
            to such person, see policy 5312.2-R Dangerous Weapons in School
            Regulation, for exceptions (peace officers are excluded from this
            prohibition);

12.              use, possess, sell or distribute tobacco, alcohol or controlled substances
            as defined in Board policy 5312.1. Drug and Alcohol Abuse;

13.       incite others to commit any of the acts herein prohibited with specific intent to procure them to do so; and/or

14.              violate any federal or state statute, local ordinance, or Board policy.

Penalties and Procedures

A person who shall violate any of the provisions of these rules shall be subject to the following penalties and procedures:

1.         If a licensee or invitee, his/her authorization to remain upon the grounds or other property shall be withdrawn and he/she shall be directed to leave the premises. In the event of failure to do so, he/she shall be subject to removal .

2.                  If a trespasser or visitor without specific license or invitation, he/she shall
            be subject to removal.

3.         If he/she is a student, he/she shall be subject to immediate ejection and
            to disciplinary action as the facts or the case may warrant, including
            suspension, probation, loss of privileges, reprimand or warning as
            prescribed by section 3214 of the Education Law.

4.                  If a tenured faculty member, he/she shall be subject to immediate
            ejection, and to warning, reprimand, suspension and/or other
            disciplinary action as prescribed by and in accordance with section
            3020-a of the Education Law.

5.         If a staff member in the classified service of the civil service, he/she shall be subject to immediate ejection and to the penalties and procedures prescribed in section 75 of the Civil Service Law.

6.                  If a staff member other than one described in subdivisions four and five,
            he/she shall be subject to immediate ejection and to dismissal,
            suspension without pay or censure.

Enforcement Program

1.         The Superintendent of Schools shall be responsible for the enforcement of these rules, and he/she shall designate the other personnel who are authorized to take action in accordance with such rules when required or appropriate to carry them into effect.

2.                  In the case of any apparent violation of these rules by such persons,
            which, in the judgment of the Superintendent or his/her designee, does
            not pose any immediate threat of injury to person or property, such    
            school official may make reasonable effort to learn the cause of the
            conduct in question and to persuade those engaged therein to desist and
            to resort to permissible methods for the resolution of any issues which
            may be presented. In doing so such school official shall warn such
            persons of the consequences of persistence in the prohibited conduct,
            including their removal from any district properties where their continued
            presence and conduct is in violation of these rules.

3.         In any case where violation of these rules does not cease after such warning and in other cases of willful violation of such rules, the Superintendent or his/her designee shall cause the ejection of the violator from any premises which he/she occupies in such violation and/or, if appropriate, make recourse to police authorities. The school official may also initiate disciplinary action as appropriate.

4.                  The Superintendent or his/her designee may apply to the public
            authorities for any aid which he/she deems necessary in causing the
            removal of any violator of these rules and he/she may request the
            Board's Counsel to apply to any court of appropriate jurisdiction for any
            injunction to restrain the violation or threatened violation of such rules.

Cross Ref.:       Board Policy 1530
Board Policy 9330

 
Date of Approval          October 8, 2002