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