Davis Joint USD | AR 5145.11 Students
Questioning And Apprehension
Mission and Role of School Resource Officer (SRO)
The principal purpose of the School Resource Officers ("SRO") is to improve school safety and the educational climate of the school, not to enforce school discipline or punish students. In fulfilling this purpose, SROs will work cooperatively with school personnel in proactively building positive relationships with students, employees, and law enforcement officials, will conduct routine site inspections intended to identify safety or security concerns, and will serve as a positive role model and informational resource for district employees and students.
(cf. 3515.3 - District Policy/Security Department)
As a representative of the district, SROs may be called upon to assist employees in investigating potential violations of district policies which may implicate a possible safety or security issue. The goal of the district is to address student discipline matters with the least reliance on SROs deemed feasible under the circumstances presented. District employees will determine whether a district policy has been violated, an appropriate response, and any consequences for the violation.
(cf. 5144 - Discipline)
(cf. 5144.1 - Suspension And Expulsion/Due Process)
Requesting Law Enforcement Intervention
School officials may ask law enforcement, including an SRO, to intervene in response to actual, imminent or perceived threats to district property, students, employees, or public safety issues on school district property or at district-sponsored events.
(cf. 3515 - Campus Security)
(cf. 3515.2 - Disruptions)
(cf. 5131.4 - Student Disturbances)
Law Enforcement Authority
Upon ascertaining the identity, official capacity, and the authority under which a law enforcement officer, including an SRO, proposes to interview or search a student for a law enforcement reason, school officials shall work cooperatively with such individuals to the extent permitted or required by law, but shall also fulfill any identified legal duties to advance or protect students' rights in such circumstances, including efforts to minimize disruption to the campus and its educational environment. Law enforcement will respect the decision of school staff to intercede on the behalf of a student and to act on a student behalf, as a parent might under the same circumstances.
Students shall not be interviewed or questioned on school grounds, unless there are exigent circumstances or school personnel have requested the interview. Absent exigent circumstances, officers shall consult with a school site administrator prior to removing, or asking a student be removed, from any class for the purpose of police contact.
Absent a real and immediate threat to any student (including themselves), school staff, or public safety, students who are summoned to meet with an officer for the purpose of being interviewed shall be advised by the officer, prior to the interview of any applicable rights (including the right to counsel, the right to terminate the interview at any time, and the right to have a school employee or volunteer of the student's choice, be present during the interview if the selected employee or volunteer is willing to participate). The student must affirmatively, and of their own volition, waive the right to have an employee or volunteer be present. An employee or volunteer will not actively participate in a student interrogation or interview, and will not question a student at the request of law enforcement for law enforcement purposes.
Students suspected to be victims of child abuse shall be afforded the option of being interviewed in private or selecting any adult member of the school staff, including any certificated or classified employee, to be present during the interview. (11174.3 Penal Code PC)
Students will not be taken into physical custody on school grounds, unless the student poses a real and immediate threat to any student (including themselves), school staff, or general public safety. In instances where the student does not pose a real and immediate threat and physical custody can be delayed, officers should work cooperatively with a parent/guardian to arrange booking and/or cite-and-release during non-school hours and away from the school campus.
1. When there is an immediate need to take a minor into custody, the school principal or vice principal shall be consulted prior to student contact, when practicable.
2. When a student is taken into custody, because they posed a real and immediate threat, officers will notify the student's parent/guardian of the student's custody status as soon as practicable.
Law Enforcement Searches of Students
Officers may conduct or participate in a search of a student's person, possessions, or locker where there is probable cause to believe that the search will turn up evidence that the student has committed or is committing a criminal offense, or as otherwise permitted by law.
1. Officers shall inform school site administrators prior to conducting a probable cause search, when practicable.
2. Officers shall not ask school officials to search a student's person, possessions, or locker in order to circumvent the probable cause requirement.
(cf. 5145.12 - Search and Seizure)
3. Absent an articulable risk to students, school staff, or public safety, students and/or their belongings will be searched in the office or other suitable private location, out of view of other students. A school administrator shall be present during the search as a witness.
4. Absent an articulable risk to students, school staff, or public safety, either the officer or the school official should be the same gender as the student being searched.
5. At school, a student may not be asked or required to remove or arrange clothing so as to permit visual inspection of the underclothing, breast, buttocks, or genetalia; and may not be subject to a body cavity search. (Education Code 49050)
The SRO and the SRO's supervisor(s) will annually meet with high school administrators, teachers, parents, and student representatives to discuss issues of school safety and related topics. The SRO will also be integrated into the school community through participation in faculty and student meetings and assemblies as appropriate.
The district will provide periodic training to its administrative employees regarding their duties and responsibilities with respect to student interviews and searches, as well as other related policies and procedures.
Officers assigned as SROs shall receive training on positive behavioral interventions, conflict resolution, peer mediation, and restorative practice techniques.
If a student, employee, parent, or volunteer believes that the questioning or search of a student has been conducted in violation of district policy or governing law, an administrative complaint may be filed seeking an investigation of the matter and the potential need for corrective action. The complaint will be investigated in accordance with Board Policy 1312.1, or other applicable policy.
Complaints involving the acts or omissions of an SRO who is employed by a law enforcement agency may also be filed with the employing agency in accordance with its applicable policies and procedures.
Any claims for money or damages allegedly arising from any act or omission under this policy are governed and processed by separate district policies.
(cf. 3320 - Claims and Actions Against the District)
When dealing with confidential juvenile information, all interested parties must be mindful of the various statutes which may restrict and control the dissemination and sharing of specific information.
1. If the information relates to a crime committed against the school district, the information is confidential and may only be disclosed to certain school personnel.
2. A juvenile court may release a case file to the school district when a student has been adjudged a ward of the court
3. The police department and District may share information regarding truancy and/or truants.
4. The District may release information from student records in connection with an emergency, if the information is necessary to protect the health or safety of a student or other persons.
5. Principals are required to report, under certain circumstances including, but not limited to, when a student possesses or sells a firearm, assaults another with a deadly weapon, assaults a teacher, or possesses or sells a controlled substance. (Education Code 48902)
Regulation DAVIS JOINT UNIFIED SCHOOL DISTRICT
approved: June 12, 2012 Davis, California
revised: September 4, 2014
revised: February 2, 2017