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Kings Canyon SD |  BP  4258  Personnel

Employee Protection (Personal Security)   

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An employee may use reasonable force necessary to protect himself/herself from attack, to protect another person or property, to quell a disturbance threatening physical injury to others, or to obtain possession of weapons or other dangerous objects upon the person or within control of a student. (Education Code 44807, 49331-49333)

Employees shall promptly report instances of attack, assault or threat against them by any student to their principal or other immediate supervisor and also to the appropriate local law enforcement agency. The report shall be forwarded immediately to the Superintendent/designee. The Superintendent or designee shall act as liaison between the employee, the police, and the courts. (Education Code 44014)

If criminal or civil proceedings are brought against an employee alleging that the employee committed an assault in connection with employment, such employee may request the Governing Board to furnish legal counsel to defend the employee in any civil action or proceeding brought against him/her within the limits set by law. (Government Code 995)

An employee whose person or property is injured or damaged by willful misconduct of a student may request the school district to pursue legal action against the student or the student's parent/guardian. (Education Code 48905)

(cf. 4156.3/4256.3/4356.3 - Reimbursement, Uniforms and Allowances)

(cf. 3514 - Safety)

Legal Reference:

EDUCATION CODE

35203 Duty of district attorney to defend in certain cases

35204 Contract with attorney in private practice, use of administrative advisor

35205 Contract for specialized legal services

35206 Contract for additional services from county counsel or district attorney

35208 Liability insurance

35213 Reimbursement for loss, destruction or damage of school property

44014 Report of assault by pupils against school employees

44807 Duty concerning conduct of pupils; limitations on criminal prosecution

48201 Transfer of student records

48900.2 Suspension for sexual harassment

48900.3 Suspension for hate violence

48900.4 Suspension for harassment

48900.7 Suspension for terroristic threats

48902 Notification of law enforcement authorities if student commits assault with deadly weapon

48904 Parental liability

48905 Right to seek legal redress

49331 Removal of injurious object from possession of pupil by designated employee

GOVERNMENT CODE

995-996.6 Defense of public employees

PENAL CODE

71 Threatening public officers and employees and school officials

241.2 Assault committed on school property against any person

241.3 Assault committed against school bus drivers

243.2 Battery committed on school property against any person

243.3 Battery committed against school bus drivers

CIVIL CODE

51.7 Civil rights

Policy KINGS CANYON JOINT UNIFIED SCHOOL DISTRICT

adopted: January 2, 1990 Reedley, California