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Hayward USD |  AR  3320.1  Business and Noninstructional Operations

Reporting Of Injuries, Events, And Occurrences   

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An employee who becomes aware of an incident, event, act or omission which may form the basis of a future liability claim against the district or its employees or volunteers, or that involves willful or purposeful damage or harm to the property of the district, its employees, volunteers, or students, shall promptly complete an Incident Report on a form provided by the district. The Incident Report Form and all supporting or relevant documentation shall be promptly submitted in the manner directed by the Superintendent.

All Incident Report Forms and their contents are confidential and represent the district's internal work product developed in potential advance of a claim. The Forms and their contents, and any supporting information or documents (including videotapes, pictures, etc.) must not be shared or discussed with anyone, including parents of involved students, other than those district employees directly involved in the district's claim management processes, the district's coverage provider, and/or the district's legal counsel. As required by law, the Incident Report Forms and supporting information may be disclosed in administrative or disciplinary processes filed as a result of the incident or event.

If a district employee receives a written or electronically issued demand for compensation or damages arising from an actual or alleged negligent or wrongful act, error, or omission by a district employee or volunteer, whether in the form of a claim or a pre-claim demand, notice will be immediately given to the Risk Manager, who shall then promptly transmit the information to any party who may have an obligation to defend, protect, or indemnify the district, its employees, or volunteers.

The district, its employees, counsel, and other agents and representatives shall thereafter fully and timely cooperate in the investigation, response to, and management of the claim or demand, and shall take no action, or make any decision, that may result in a loss of the district's defense or indemnity rights or protections.


approved: January 30, 2013 Hayward, California