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The Board of Education recognizes that the primary purpose of the district is to provide a superior atmosphere for learning and education. Any action by an individual or group aimed at disrupting, interfering or delaying the education process or having such effect, is hereby declared to be in violation of Board policy. The Board shall approve rules and regulations to effect this policy as required by Education Law §2801.
The Board also recognizes its responsibility to protect school property and declares its intent to take any and all legal action to prevent its damage or destruction. The Board desires to promote an orderly educational atmosphere. The Board will also seek restitution from, and prosecution of, any person or persons who willfully damage school property.
It is not the intent of this policy to limit freedom of speech or peaceful assembly. The Board recognizes that free inquiry and free expression are indispensable to the objectives of a school district. The purpose of the rules and regulations is to prevent abuse of the rights of others and to maintain public order, not to prevent or restrain controversy or dissent.
The effective implementation of this policy and its accompanying regulation requires the exercise of good faith on the part of students, parents, school personnel and visitors and a basic respect for the worth of each individual. The mature exercise of rights and privileges demands the respect of the rights of others and legally constituted authority.
Cross-ref: 1240-R, Visitors to the School Regulation
5230, Student Social Events
5311.4, Care of School Property by Students
5312, Prohibited Conduct
Ref: Education Law §2801
Adoption date: April 10, 1996
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PUBLIC CONDUCT ON SCHOOL PROPERTY REGULATION
These rules govern the conduct of students, faculty and other staff, licensees, invitees, and all other persons, whether or not their presence is authorized, upon district property, and also upon or with respect to any other premises or property under the control of the district and used in its teaching programs and activities, and in its administrative, cultural, recreational, athletic, and other programs and activities, including field trips. Specifically, district property shall include school buildings, school playgrounds, playing fields, roadways, parking lots, buses and other vehicles owned and/or operated by the district.
Prohibited Conduct
No person, either singly or in concert with others, shall:
1. obstruct or disrupt the teaching, research, administration, disciplinary procedures or other school district activities;
2. willfully cause physical and/or mental injury to any other person nor threaten to do so, for the purpose of compelling or inducing such other person to refrain from any act which he/she has a lawful right to do, or to do any act which he/she has a lawful right not to do;
3. harass, annoy or injure any person through willful or reckless conduct;
4. use or display abusive or obscene language or make an obscene gesture;
5. physically restrain or detain any other person, nor remove such person from any place where he/she is authorized to remain, except that students may be restrained as permitted under Policy 5314, Corporal Punishment Complaints, or when the person is acting in lawful defense of him/herself or another person;
6. willfully damage or destroy property of the district or any private property lawfully present under its jurisdiction, nor remove or use such property without authorization;
7. without permission, expressed or implied, enter into any private office of an administrative officer, member of the faculty or staff member;
8. enter upon and remain in any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others;
9. without authorization, enter into or remain in any building or facility after it is normally closed;
10. refuse to leave any building or facility after being directed to do so by an authorized administrative officer, member of the faculty or staff member;
11. obstruct the free movement of persons and vehicles in any place to which these rules apply;
12. disrupt or prevent the peaceful and orderly conduct of classes, lectures and meetings or interfere with the freedom of any person to express his/her views, including invited speakers;
13. have in his/her possession upon any premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon, explosive or incendiary device without the written authorization of the Superintendent or his/her designee, whether or not a license to possess the same has been issued to such person (peace officers are excluded from this prohibition);
14. introduce, use, possess, sell or distribute alcohol or controlled substances as defined in Board of Education policy 5312.1, Drug and Alcohol Abuse;
15. operate snowmobiles upon any grounds to which these rules apply;
16. willfully incite others to commit any of the acts herein prohibited with specific intent to procure them to do so; and/or
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17. violate any federal or state statute, local ordinance, or Board policy.
Penalties and Procedures
A person who violates any of the provisions of these rules shall be subject to the following penalties and procedures, either singly or in combination:
1. If a licensee or invitee, he/she may be reprimanded by the Superintendent or his/her authorization to remain upon the grounds or other property may be withdrawn and he/she shall be directed to leave the premises. In the event of failure to do so, he/she shall be subject to ejection. A licensee or invitee may be referred to the State Police for violations of the penal law.
2. If a trespasser or visitor without specific license or invitation, he/she shall be subject to reprimand by the Superintendent or ejection. A trespasser or visitor without specific license or invitation may be referred to the State Police for violations of the penal law.
3. If he/she is a student, he/she shall be subject to immediate ejection and to disciplinary action as the facts of the case may warrant, including probation, loss of privileges, suspension from extra-curricular activities, suspension from transportation, reprimand by the Superintendent, warning, a parental conference prior to re-admission to school, or suspension as prescribed by section 3214 of the Education Law, so long as the provisions pertaining to notice and hearing have been met. Students may be referred to the State Police for violations of the penal law.
4. If a tenured faculty member, he/she shall be subject to immediate ejection, and to warning, reprimand by the Superintendent, suspension and/or other disciplinary action as prescribed by and in accordance with section 3020-a of the Education Law. Tenured faculty may be referred to the State Police for violations of the penal law.
5. If a staff member in the classified service of the civil service, he/she shall be subject to immediate ejection, and to reprimand by the Superintendent and/or the penalties and procedures prescribed in section 75 of the Civil Service Law. Civil Service employees may be referred to the State Police for violations of the penal law.
6. If a staff member other than one described in subdivisions 4 and 5, he/she shall be subject to immediate ejection and to dismissal, suspension without pay or reprimand by the Superintendent. Other personnel may be referred to the State Police for violations of the penal law.
Enforcement Program
1. The Superintendent shall be responsible for the interpretation and enforcement of these rules and the application of the penalties established by the Board listed above, and he/she shall designate the other personnel who are authorized to take action in accordance with such rules when required or appropriate to carry them into effect.
2. In the case of any apparent violation of these rules by such persons, which, in the judgment of the Superintendent or his/her designee, does not pose any immediate threat of injury to person or property, such school official may make reasonable effort to learn the cause of the conduct in question and to persuade those engaged therein to desist and to resort to permissible methods for the resolution of any issues which may be presented. In doing so, such school official shall warn such persons of the consequences of persistence in the prohibited conduct, including their ejection from any district properties where their continued presence and conduct is in violation of these rules.
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3. In any case where violation of these rules does not cease after such warning and in other cases of willful violation of such rules, the Superintendent or his/her designee shall cause the ejection of the violator from any premises which he/she occupies in such violation and/or, if appropriate, make recourse to police authorities. The school official may also initiate disciplinary action as hereinbefore provided.
4. The Superintendent or his/her designee may apply to the public authorities for any aid which he/she deems necessary in causing the ejection of any violator of these rules and he/she may request the Board's Counsel to apply to any court of appropriate jurisdiction for an injunction to restrain the violation or threatened violation of such rules.
5. The Superintendent shall report any theft of property to the State Police.
6. Each incident requiring disciplinary action under this regulation will be reported to the Superintendent and a written report of the disposition of the disciplinary action will be made.
This regulation and the penalties contained herein are not considered to be inclusive or to preclude in any way the prosecution and conviction of any person for the violation of any federal law, state law, or local ordinance and the imposition of a fine or penalty provided for therein.
Amendment
These rules and regulations may be amended or modified by the Board of Education. All future amendments shall be filed with the Board of Regents and Commissioner of Education not later than ten days after adoption.
Adoption date: April 10, 1996