Newport-Mesa USD | AR 1310 Community Relations
It is the intent of this administrative regulation to provide orderly educational and administrative guidelines to ensure that schools, administrative offices, facilities, and activities are free from uncivil conduct as specified in BP 1310 and that unauthorized persons are prevented from entering school/district grounds, facilities, and/or activities. Members of the district community (defined as all employees, parents, students, and the public, hereinafter collectively referred to as "school community") will treat one another with civility and expect the same in return. The district encourages positive communication and discourages conduct likely to interfere with peaceful conduct of the school, facility, or activity. The district seeks public cooperation with this endeavor.
The following are recommended guidelines to minimize disruptions on school/district facilities and activities. It is the responsibility of all school community members to conduct themselves and communicate with others in an appropriate manner. In the event a person becomes disruptive, threatening, or verbally/physically abusive to any other member of the school community, corrective steps will be applied to restore a safe environment.
In addition to this administrative regulation, student behavior is separately addressed by district policies, the Education Code, the Penal Code, and the Discipline Policy/Student Behavior Codes at each school. Employer/employee conduct is also covered by the district Board policies governing harassment, sexual harassment, and applicable state and federal laws.
1. Conduct on School Property
a. Parents/guardians are to discuss with teachers all matters related to their child(ren) when the teacher or staff person is not engaged in supervising school activities or teaching his/her class.
b. Parents/guardians are encouraged to make appointments with staff members whenever possible.
c. All discussions with members of school staff shall be conducted in such a manner that their speech and/or conduct will not interfere with the peaceful conduct of the activities of the campus or the facility. Any person who speaks or acts in any manner constituting uncivil conduct as defined in the Civility policy will be asked to speak or act appropriately or the meeting will be immediately terminated and the school office or administrator(s) notified. The discussions will be permitted to continue if the person agrees to conduct himself/herself in accordance with the Civility policy.
d. Any staff member who believes that he/she is being addressed in a manner likely to interfere with the peaceful conduct of the activities of the campus or facility shall immediately report the incident to the office. Such staff member may submit an incident report to the administrator or designee.
e. The administrator or designee shall escort the parent/guardian or other person to the office and meet with them about their concerns. The administrator or designee shall inform the parent/guardian or other person of the expected conduct of that person while conducting business on the school campus/district facility and the consequences for non-compliance. An incident report will be completed.
f. If the parent/guardian or other person who refuses to comply with the request by the administrator or designee to comply with the expected conduct while conducting business on the school campus/district facility, the administrator or designee shall direct the parent/guardian or other person to leave the school campus/district facility and not to return to the school campus/district facility for a minimum of seven days. If necessary, assistance from law enforcement may be requested by the administrator/designee. The administrator or designee shall then inform the appropriate assistant superintendent.
g. Any parent/guardian or other person does not comply with the direction from the administrator or designee of the expected conduct, shall be notified in writing that their presence on the school campus/district facility is disruptive. The written notification will provide that if such parent/guardian or other person willfully and knowingly re-enters upon the school campus/district facility within seven days after being directed to leave, that he/she may be charged with a violation of Penal Code 626.7, and be subject to all the penalties contained therein. Further, said written notification will include instructions and restrictions that will apply to all future visits to a school campus/district facility or any school/district-related event, and may include future consequences and possible legal action.
2. Spectator Conduct for Athletic and Extracurricular Events
a. Any spectator who behaves in an unsportsmanlike or uncivil manner during an athletic or extracurricular event may be warned, ejected from the event, and/or denied admission to school events for up to one calendar year.
(1) Disrupting or threatening to disrupt school activities and/or events
(2) Threatening the health or safety of spectators, officials, staff, athletes, or participants
(3) Causing property damage
(4) Continuing a pattern of unauthorized entry on school district property
(5) Using obscenities or repeatedly speaking in an insulting and/or demeaning manner.
b. Any person who knows, prior to a school event, of potential uncivil behavior at the event should report such information to an administrator/designee so that preventative action can be taken.
c. Any person should report acts of uncivil behavior at an event, to an administrator or designee, and if necessary, summon law enforcement. An incident report will be completed.
d. The administrator or designee present at the event has the authority to remove any person(s) for uncivil conduct as defined in the Civility policy, at a school event. If a person refuses to leave upon request or returns before the specified period of time, the administrator or designee shall notify law enforcement officials. An incident report will be completed.
e. The administrator or designee has the authority to order any such person engaging in uncivil conduct to be banned from district athletic and/or extracurricular events and from school district facilities, fields, or property for a specified period of time, not exceeding one year.
f. Any person banned from district athletic and/or extracurricular events and from school district facilities, fields, or property for a period greater than seven days, may appeal the decision to the Superintendent's designee as hereinafter provided. Any person who has been suspended or banned from attendance shall not be permitted to attend the events pending the outcome of the appeal.
(1) Any administrator or designee who banned the person from attending athletic and/or extracurricular events and from school district facilities, fields, or property may not conduct the appeal. In such case, the Superintendent's designee shall hear the appeal.
(2) The school district shall notify the person barred from athletic and/or extracurricular events and from school district facilities, fields, or property of his/her right to appeal either in person or in writing no later than five calendar days following the order banning said person from athletic and/or extracurricular events and from school district facilities, fields, or property. The appeal shall be filed in the Superintendent's Office within five calendars days of the first notification that the person has been banned. No untimely appeals will be accepted.
(3) The appeal hearing shall be scheduled within 15 calendar days following receipt by district of the request for appeal. The appeal shall be conducted in an informal manner. The person banned shall be informed of the basis for the action, the evidence, and will be given an opportunity to present his/her version of the incident and evidence.
(4) At the appeal hearing, technical rules of evidence shall not apply, but relevant evidence may be admitted and given probative effect only if it is the kind of evidence upon with reasonable persons are accustomed to rely in the conduct of serious affairs. A decision of the administrator to ban the person must be supported by substantial evidence showing that the person committed the acts supporting the action to band the person. Evidence may be presented in the form of sworn declarations which may be considered by the administrator hearing the appeal. The appellant may respond to any such evidence presented.
(5) A decision by the administrator hearing the appeal whether to uphold the band, modify the ban, or change the ban, shall be made within five schools days following conclusion of the hearing. The decision of the administrator hearing the appeal shall be final.
3. Employee Relations
a. When it is determined by an employee that another employee is in the process of violating the provisions of this policy and the uncivil conduct is being directed toward them, that employee should immediately report the incident to his/her supervisor or designee and complete an incident report.
b. If an employee believes the uncivil conduct directed toward him/her constitutes harassment or sexual harassment, he/she should follow the appropriate complaint procedures.
c. When violence is directed against a district employee by another employee, or there is threat of damage or loss of their property, the employee shall immediately report the occurrence to their supervisor or designee and should complete an incident report, and if necessary notify law enforcement.
d. Appropriate discipline may be imposed against an employee found to have violated the provisions of this policy following an investigation into the employee's contract. The affect employee will be afforded due process in the event that any disciplinary action is proposed against the employee.
Regulation NEWPORT-MESA UNIFIED SCHOOL DISTRICT
approved: September 8, 2009 Costa Mesa, California