4258
BP
Board Policy
Employee Security
Classified Personnel
The Governing Board desires to provide a safe and orderly work environment for all employees. As part of the district's comprehensive safety plan, the Superintendent or designee shall develop strategies for protecting employees from potentially dangerous persons and situations and for providing necessary assistance and support when emergency situations occur.
Any person who threatens the safety of others at any district facility may be removed by the Superintendent or designee in accordance with Administrative Regulation 3515.2 - Disruptions.
Any employee against whom harassment, violence, or any threat of violence has been directed in the workplace, or any employee with firsthand knowledge of harassment, violence or any threat of violence in the workplace shall notify the Superintendent or designee immediately. As appropriate, the Superintendent or designee shall initiate legal and security measures to protect the employee and others in the workplace. Such measures may include seeking a temporary restraining order (TRO) on behalf of the employee pursuant to Code of Civil Procedure 527.8 and/or a gun violence restraining order pursuant to Penal Code 18150 and 18170.
Additionally, a collective bargaining representative may seek a TRO on behalf of a district employee against whom harassment, violence, or credible threat of violence has been directed in the workplace, if the collective bargaining representative serves that employee in employment or labor matters at the employee's workplace. (Code of Civil Procedure 527.8)
Upon request by an employee who is a victim of domestic violence, sexual assault, or stalking, the Superintendent or designee shall provide reasonable accommodations in accordance with Government Code 12945.8 and the accompanying administrative regulation to protect the employee's safety while at work.
The Superintendent or designee may pursue legal action on behalf of an employee against a student or the student's parent/guardian to recover damages for injury to the employee's person or property caused by the student's willful misconduct that occurred on district property, at a school or district activity, or in retaliation for lawful acts of the employee in the performance of the employee's duties. (Education Code 48904, 48905)
The Superintendent or designee shall provide staff development in crisis prevention and intervention techniques, which may include training in classroom management, effective communication techniques, procedures for responding to an active shooter situation, and crisis resolution.
In accordance with law, the Superintendent or designee shall inform teachers, administrators, and/or counselors of crimes and offenses committed by students who may pose a danger in the classroom. (Education Code 48201, 49079; Welfare and Institutions Code 827)
The Superintendent or designee may make available at appropriate locations, including, but not limited to, district and school offices, gyms, and classrooms, communication devices that would enable two-way communication with law enforcement and others when emergencies occur.
Use of Pepper Spray
Employees shall not carry or possess pepper spray on school property or at school activities, except when authorized by the Superintendent or designee for self-defense purposes. When allowed, an employee may only possess pepper spray in accordance with Board policy, administrative regulation, and Penal Code 22810. Any employee authorized to carry or possess pepper spray on school property who is negligent or careless in the possession or handling of pepper spray is acting outside of the scope of employment and shall be subject to appropriate disciplinary measures.
Reporting of Injurious Objects
Employees shall take immediate action upon being made aware that any person is in possession of a weapon or unauthorized injurious object on district property or at a district related or school-sponsored activity. Employees shall exercise their best judgment as to the potential danger involved and do one of the following:
- Confiscate the object and deliver it to the principal immediately
- Immediately notify the principal or supervisor, who shall take appropriate action
- Immediately call 911 and the principal or supervisor
When informing the principal about the possession or seizure of a weapon or dangerous device, an employee shall report the name(s) of persons involved, witnesses, location, and the circumstances of any seizure.
Legal & Management References
State
Civ. Code 51.7 - Freedom from violence or intimidation
Code of Civil Procedure 527.8 - Workplace violence safety
Ed. Code 32210-32212 - Willful disturbance; public schools or meetings
Ed. Code 32225-32226 - Communications devices in classrooms
Ed. Code 32282 - School safety plans
Ed. Code 32289.6 - Best practices pertaining to school shooter drills
Ed. Code 35208 - Liability insurance
Ed. Code 35213 - Reimbursement for loss or damage of personal property
Ed. Code 44014 - Report of assault by student against school employee
Ed. Code 44807 - Teachers' duty concerning conduct of students
Ed. Code 48201 - Transfer student's record for acts that resulted in suspension or expulsion
Ed. Code 48900-48926 - Suspension and expulsion
Ed. Code 49079 - Notification to teacher; student who has engaged in acts regarding grounds for suspension or expulsion
Ed. Code 49330-49335 - Injurious objects
Gov. Code 12926 - Prohibition of discrimination; definitions
Gov. Code 12945.8 - Employee accommodations for domestic violence, sexual assault, stalking, and other qualifying acts of violence
Gov. Code 3543.2 - Scope of representation
Gov. Code 995-996.4 - Defense of public employees
Lab. Code 230-230.2 - Leaves for victims of domestic violence, sexual assault or specified felonies
Pen. Code 18150 - Gun violence restraining orders
Pen. Code 18170 - Gun violence restraining order issued after notice and hearing
Pen. Code 22810 - Purchase, possession, and use of tear gas
Pen. Code 240-246.3 - Assault and battery
Pen. Code 241.3 - Assault against school bus drivers
Pen. Code 241.6 - Assault on school employee including board member
Pen. Code 243.3 - Battery against school bus drivers
Pen. Code 243.6 - Battery against school employee including board members
Pen. Code 245.5 - Assault with deadly weapon against school employee including board member
Pen. Code 290 - Registration of sex offenders
Pen. Code 601 - Trespass by person making credible threat
Pen. Code 626-626.11 - Weapons on school grounds and other school crimes
Pen. Code 646.9 - Stalking
Pen. Code 71 - Threatening public officers and employees and school officials
W&I Code 827 - Limited exception to juvenile court record
W&I Code 828.1 - District police or security department; disclosure of juvenile records
Federal
Executive Order 14127 - Combating Emerging Firearms Threats and Improving School-Based Active Shooter Drills, September 2024
Management Resources
Court Decision - City of San Jose v. William Garbett (2010) 190 Cal. App. 4th 526
Website - CSBA District and County Office of Education Legal Services
Website - California Department of Education, Safe Schools
Website - CSBA
Cross References
0450 AR Comprehensive Safety Plan
1313 BP Civility
3320-E PDF(1) AR Claims And Actions Against The District
3320-E PDF(2) AR Claims And Actions Against The District
3515 AR Campus Security
3515.2 AR Disruptions
3515.4 AR Recovery For Property Loss Or Damage
3515.7 BP Firearms On School Grounds
3530 AR Risk Management/Insurance
4112.9 AR Employee Notifications
4119.21 BP Professional Standards
4119.21-E PDF(1) AR Professional Standards
4131 AR Staff Development
4140 BP Bargaining Units
4156.3 BP Employee Property Reimbursement
4157 AR Employee Safety
4161 BP Leaves
4161.8 AR Family Care And Medical Leave
4212.9 BP Employee Notifications
4219.21 BP Professional Standards
4231 BP Staff Development
4257 AR Employee Safety
4261 BP Leaves
4261.8 AR Family Care And Medical Leave
4312.9 BP Employee Notifications
4319.21 BP Professional Standards
4331 BP Staff Development
4357 AR Employee Safety
4361 BP Leaves
4361.8 AR Family Care And Medical Leave
5125 AR Student Records
5131.4 AR Student Disturbances
5131.7 AR Weapons And Dangerous Instruments
5141 AR Health Care And Emergencies
5144 AR Discipline
5144.1 AR Suspension And Expulsion/Due Process