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Tamalpais Union HSD |  BP  5131.5  Students

Vandalism   

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The Governing Board shall seek redress in the amount of the damage from any individual or the parents/guardians of any minor who commits any act of vandalism.

(cf. 4158/4258 - Employee Security)

Vandalism includes negligent, willful, or unlawful damaging or taking of any District-owned real or personal property, including the writing of graffiti. The parents/guardian having custody or control of a minor who commits an act of vandalism may be held liable for up to $10,000 for that act. The parents/guardian may also be held liable for rewards of up to $10,000.

Reward

If the Superintendent or designee or law enforcement officials are unable to fix the responsibility for the vandalism, the Superintendent or designee is authorized to offer a reward in any amount he/she deems appropriate, not exceeding $1,000, for information leading to the identification and apprehension of the guilty party. A reward in excess of $1,000 must be authorized in advance by the Board.

The reward shall be paid only when criminal conviction or other appropriate District or judicial procedures have established the guilt of the person(s) responsible for the crime.

(cf. 3515.4 - Recovery for Property Loss or Damage)

Any student, or the parent/guardian of any minor student, shall be held liable for all property belonging to the District that has been damaged, destroyed, stolen or lent and not returned upon demand. After affording the student his/her due process rights, the District may withhold the grades, diploma, and transcripts of the student responsible for the vandalism or theft until the student or the student's parent/guardian has paid for the damages. Prior to withholding a student's grades, diploma or transcript, the District shall notify the student's parent/guardian in writing of the student's alleged misconduct. (Education Code 48904)

(cf. 5125 - Student Records; Confidentiality)

When the minor and parent/guardian are unable to pay for the damages (upon a showing by certification of the parent/guardian that he/she cannot reasonably afford the cost), the District shall provide a program of community service work for the minor. Upon completion of the community service work, the student's grades, diploma and transcripts shall be released.

Any student of the District who commits an act of vandalism shall also be liable to disciplinary action by the District.

(cf. 5144 - Student Discipline)

Legal Reference:

EDUCATION CODE

48900 Grounds for suspension or expulsion

48904 Willful misconduct, limit of liability of parent or guardian

48904.3 Withholding grades, diplomas, or transcripts of pupils causing property damage or injury; transfer of pupils to new school Districts; notice to rescind decision to withhold

CODE OF REGULATIONS, TITLE 5

305 Pupil responsible for care of property

CIVIL CODE

1714.1 Liability of parent or guardian for act of willful misconduct by a minor GOVERNMENT CODE

53069.5 Reward for information concerning person causing death, injury, or property damage; liability for reward

PENAL CODE

594 Vandalism

640.5 Graffiti; facilities or vehicles of governmental entity

640.6 Graffiti

Policy TAMALPAIS UNION HIGH SCHOOL DISTRICT

adopted: January 26, 1993 Larkspur, California

revised: June 11, 1996

effective: July 1, 1996