5312R

PROHIBITED CONDUCT REGULATION

No person, either singly or in concert with others shall:

a. willfully cause physical injury to any other person, or 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 to do;

b. physically restrain or detain any other person, or remove such person from any place where he is authorized to remain except that students may be restrained as permitted under Policy 5314, Corporal Punishment Complaint;

c. willfully damage or destroy property of the district or remove or use such property without authorization;

d. without permission, express or implied, enter into any private office of an administrative officer, faculty member or staff member;

e. other than student, employee or board member, enter a classroom or the building beyond the administrative office without written permission of the Superintendent of Schools or his/her designee;

f. enter upon and remain in any building or facility for any purpose other than for authorized use, or in such manner as to obstruct its authorized use by others;

g. without authorization, remain in any building or facility after it is normally closed;

h. refuse to leave any building or facility after being any place to which these rules apply;

i. obstruct the free movement of persons and vehicles in any place to which these rules apply;

j. deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures and meetings, deliberately interfere with any person who desires to express his/her views, including invited speakers;

k. have in his/her possession upon any premises to which rules apply, any knife, shotgun, pistol, revolver, firearm or other weapon without the written authorization of the Superintendent, whether or not a license to possess the same has been issued to such person;

l. possess, consume, be under the influence of or exchange alcoholic beverages, drugs or narcotics on school properties;

m. distribute or post any written material, pamphlet or poster without the prior written approval of the Superintendent; and

n. urge or incite others to commit any of the acts herein prohibited.

Penalties

A person who shall violate any of the provisions of these rules shall:

a. if he/she is a licensee or invitee, have his authorization to remain upon the district property withdrawn, and shall be directed to leave the premises. In the event of his/her failure or refusal to do so, he/she shall be subject to ejection;

b. if he/she is a trespasser or visitor without specific license or invitation, be subject to ejection;

c. if he/she is a student, be subject to suspension or such lesser disciplinary action as the facts of the case may warrant;

d. if he/she is a faculty member, be guilty of misconduct and be subject to dismissal or termination of his/her employment or such lesser disciplinary action as the facts may warrant, including suspension or reprimand; and

e. if he/she is a staff member in the classified service of the Civil Service as described in Section 75 of the Civil Service Law, be guilty of misconduct and be subject to dismissal or termination of his/her employment or such lesser disciplinary action as the facts may warrant, including suspension without pay or reprimand.

Procedure

a. The Superintendent or his/her designee shall inform any licensee or invitee, who shall violate any provision of these rules, that his/her license or invitation is withdrawn and shall direct him/her to leave the district grounds. In the event of his/her failure or refusal to do so, the Superintendent or his/her designee shall cause his/her ejection from such property.

b. In the case of any other violator who is neither a student nor faculty nor other staff member, the Superintendent or designee shall inform the violator that he/she is not authorized to remain on the property of the district, and direct him/her to leave the premises. In the event of his/her failure or refusal to do so, the Superintendent or designee shall cause his/her ejection from such property. Nothing in this subdivision shall be construed to authorize the presence of any such person at any time prior to such violation, nor to affect his/her liability to prosecution for trespassing or loitering as prescribed in the Penal Law.

c. In the case of a student, charges for violation of any of these rules shall be presented and shall be heard and determined in the manner provided in Section 3214(3) of the Education Law.

d. In the case of a faculty member having tenure, charges for misconduct and violation of these rules shall be made, heard and determined in accordance with Section 3020-a of the Education Law.

e. In the case of a faculty member not having tenure, the Superintendent shall conduct a hearing after written notice to the teacher of the charges and shall determine the punishment if the teacher is found guilty.

f. In the case of any staff member who holds a position in the classified Civil Service as described in Section 75 of the Civil Service Law or is covered by Section 75 of the Civil Service Law, charges of misconduct for violation of any of these rules shall be made, heard and determined as prescribed in that section.

g. In the case of any staff member who does not hold a position in the classified Civil Service and is not covered by the provisions of Section 75 of the Civil Service Law, the Superintendent shall conduct a hearing after written notice to such staff member of the charges, and shall determine the punishment if such staff member is found guilty.

Enforcement Program

a. The Superintendent shall be responsible for the enforcement of these rules and he/she shall designate other administrative officers who are authorized to take action in accordance with such rules when required or appropriate.

b. The Superintendent or 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 School Attorney to apply to any court of appropriate jurisdiction for an injunction to restrain the violations or threatened violation of these rules.

Application of Rules

The rules shall apply to all buildings and grounds of the district, and shall govern the conduct of students, teachers, and staff members, as well as visitors and other licensees and invitiees.

Definition of Terms

A "licensee" is defined as a person who enters the property of the school district for such person's own interests, without express or implied invitation (an invitee).

An "invitee" is a person who enters the property of the school district with express or implied permission by someone who is authorized by school district to give permission.

Adoption date: January 1, 1993

Reviewed on:    November 20, 2003