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Fairfield-Suisun USD  |  AR  3515.2  Business and Noninstructional Operations

Disruptions   

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This procedure is to promote mutual respect, civility, and orderly conduct among district employees, parents, and the public. This procedure is not intended to deprive any person of his/her right to freedom of expression, but only to maintain, to the extent possible and reasonable, a safe, respectful, harassment-free workplace for students and staff. In the interest of presenting district employees as positive role models to the students, the District encourages positive communication and discourages volatile, hostile or aggressive behavior.

It is the expectation of the district that all personnel will be responsive to concerns from community members and parents and attempt to resolve problems at the most appropriate level. It is neither required nor desirable that an employee face abusive language or behavior.

In a situation in which an employee is involved with a parent or other individual who becomes verbally or physically abusive, it is the prerogative of that employee to, as politely as possible, terminate the conference or phone call and refer the complainant to the employee's supervisor. In the case of physical threat, the police should be called. If any individual abuses the privilege of communicating via voice mail and/or e-mail, that privilege may be revoked by the superintendent or designee. Abuses are enumerated above, but also include inappropriate use of the "copy to:" feature, excessive size, or frequency of email. The use of any electronic listening or recording device without the prior consent of the teacher, school employee, and principal of the school or district site is prohibited, and any person who willfully violates this section shall be reported to the police. This section is not intended to prohibit or limit the use of electronic listening or recording devices to promote an educational purpose, such as Individualized Education Program (IEP) meetings and/or expulsion hearings where allowed by law within identified legal parameters.

The principal or designee may direct any person, except a student, school employee, or other person required by his/her employment to be on school grounds, to leave school grounds or school activity if:

1. The principal or designee has reasonable basis for concluding that the person is committing or has entered the campus with the purpose of committing an act which is likely to interfere with the peaceful conduct, discipline, good order, or administration of the school or a school activity, or with the intent of inflicting damage to any person or property. (Education Code 44810, 44811; Penal Code 626.7)

2. The person fights or challenges another person to a fight, willfully disturbs another person by loud and unreasonable noise, or uses offensive language which could provoke a violent reaction. (Penal Code 415.5)

3. The person, without lawful business for being present, loiters around a school or reenters a school within 72 hours after he/she was asked to leave. (Penal Code 653b)

4. The person is required to register as a sex offender pursuant to Penal Code 290 and does not have a lawful purpose and written permission from the principal or designee to be on school grounds. (Penal Code 626.81)

(cf. 1250 - Visitors/Outsiders)

(cf. 3515.5 - Sex Offender Notification)

5. The person is a specified drug offender, as defined in Penal Code 626.85, and does not have written permission from the principal or designee to be on school grounds. However, such specified drug offender may be on school grounds during any school activity if he/she is a student or the parent/guardian of a student attending the school. (Penal Code 626.85)

6. The person willfully or knowingly creates a disruption with the intent to threaten the immediate physical safety of students, staff, or others while attending, arriving at, or leaving school. (Penal Code 626.8)

7. The person has otherwise established a continued pattern of unauthorized entry on school grounds. (Penal Code 626.8)

(cf. 1240 - Volunteer Assistance)

(cf. 3515.3 - District Police/Security Department)

(cf. 4158/4258/4358 - Employee Security)

(cf. 6145.2 - Athletic Competition)

The principal or designee shall allow a parent/guardian who was previously directed to leave school grounds to reenter for the purpose of retrieving his/her child for disciplinary reasons, medical attention, or family emergencies, or with the principal or designee's prior written permission. (Penal Code 626.7, 626.85)

When directing any person to leave school premises, the principal or designee shall inform the person that he/she may be guilty of a crime if he/she: (Education Code 32211; Penal Code 626.7, 626.8, 636.85)

1. Fails to leave or remains after being directed to leave

2. Returns to the campus without following the school's posted registration requirements

3. Returns within seven days after being directed to leave

(cf. 0450 - Comprehensive Safety Plan)

Whenever an individual is causing or threatening to cause a disruption at any district facility other than a school campus, the Superintendent or designee may direct that individual to leave the facility consistent with this regulation and the accompanying Board policy.

Appeal Procedure

Any person who is asked to leave a school building or grounds may appeal to the Superintendent or designee. This appeal shall be made no later than the second school day after the person has departed from the school building or grounds. After reviewing the matter with the principal or designee and the person making the appeal, the Superintendent or designee shall render his/her decision within 24 hours after the appeal is made, and this decision shall be binding. (Education Code 32211)

The decision of the Superintendent or designee may be appealed to the Governing Board. Such an appeal shall be made no later than the second school day after the Superintendent or designee has rendered his/her decision. The Board shall consider and decide the appeal at its next scheduled regular or adjourned regular public meeting. The Board's decision shall be final. (Education Code 32211)

In any circumstance where a person has been directed to leave a school building or ground where the Superintendent's or Board's office is situated, he/she may nevertheless enter the school building or ground solely for the purpose of making the appeal. (Education Code 32211)

Regulation: FAIRFIELD-SUISUN UNIFIED SCHOOL DISTRICT

approved: January 11, 1996 Fairfield, California

revised: January 8, 2013

revised: May 17, 2016

revised: February 14, 2017