Maintenance of Public Order on School Property | Policy 3410

Section 1. Statement of Purpose.

The following rules are adopted in compliance with section 2801 of the Education Law. They are a revision of rules adopted in 1972, as required in that section, by the Fonda-Fultonville Central School District. The present revision and any future amendments or revisions of these rules shall be filed with the Commissioner of Education and Board of Regents within 10 days after adoption. Nothing herein is intended, nor shall it be construed, to limit or restrict the freedom of speech nor peaceful assembly. These rules shall not be construed to prevent or limit communication between and among teachers, students, and administration, or to relieve the school authorities of their special responsibility for self regulation in the preservation of public order. Their purpose is not to prevent or restrain controversy and dissent, but to prevent abuse of the rights of others and to maintain that public order appropriate to the district education program. They shall be interpreted and applied to that end.

Section 2. Application of Rules.

These rules shall apply to all schools of the school district. The rules hereby adopted shall govern the conduct of students, teachers, and other staff, licensees, invitees, and all other persons, whether or not their presence is authorized, upon the property of any school of the district and also upon or with respect to any other premises or property, under the control of such school district used in its teaching, research, administrative, service, cultural, recreational, athletic and other programs and activities.

Section 3. Prohibited Conduct.

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

(a) Willfully cause physical 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 has a lawful right to do or to do any act which he has a lawful right to do.
(b) Physically restrain or detain any other person, nor remove such person from any place where he is authorized to remain.
(c) Willfully damage or destroy property of the school district or under its jurisdiction, nor remove or use such property without authorization.
(d) 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.
(e) Without authorization, remain in any building or facility after it is normally closed.
(f) Refuse to lease any building or facility after being required to do so by any authorized officer.
(g) Obstruct the free movement of persons and vehicles in any place to which these rules apply.
(h) Deliberately disrupt or prevent the peaceful and orderly conduct of classes and meetings or deliberately interfere with the freedom of any person to express his views, including invited speakers.
(i) Knowingly have in his possession upon any premises to which these rules apply, any rifle, shotgun, pistol, revolver, other firearm or weapon, explosives, or dangerous chemicals, without the written authorization of the Superintendent whether or not a license to possess the same has been issued to such person.
(j) Use or possess, without authorized medical supervision, marijuana and other drugs, including alcohol, barbiturates, amphetamines, LSD compounds, mescaline, psilocybin, DMT, narcotics, opiates and other stimulating, sedative or hallucinating drugs.
(k) Willfully incite others to commit any of the acts herein prohibited with specific intent to procure them to do so.
(1) Loiter in the school buildings or on school grounds. (Under section 240.35 of the State Penal Law, a person is guilty of loitering when he loiters or remains in or about a school building or grounds, not having any reason or relationship involving custody of, or responsibility for, a student or any other specific legitimate reason for being there and not having written permission from any one authorized to grant the same.
(m) Picket or demonstrate contrary to the concept of acceptable conduct set forth in Section 4 of these Rules and Regulations.

Section 4. Freedom of Speech and Assembly; Picketing and Demonstration.

(a) No student, teacher, or other staff member or authorized visitor shall be subject to any limitations or penalty solely for the expression of his views nor for having assembled with others for such purpose. Peaceful picketing and other orderly demonstrations in public areas of ground and building will be permitted. Those involved in picketing and demonstrations may not, however. engage in specific conduct in violation of the provisions of the preceding section or paragraph (d) of this section.
(b) In regard to actions and demonstrations that tend to endanger life, public or private property or to violate local, state or federal laws, each participant will take the consequence of his own actions as an individual before the law. Any damage to public or private property must be assumed by those legally responsible.
(c) While recognizing the right of students, teachers, and staff to peaceful protest, always implicit is the understanding that demonstrators will not interfere with or violate the rights of others. It is the obligation of all to assist in maintaining order and to assure courteous reception of any speaker or visitor.
(d) The following pertains to the conduct of those members of the school community who feel compelled to express their dissent through picketing and other forms of demonstration:
(1) Picketing or demonstrating must be orderly at all times and should in no way jeopardize public order or safety or interfere with the school programs.
(2) Picketing and demonstrating must not interfere with entrances to buildings or the normal flow of pedestrian or vehicular traffic.
(3) Students involved in picketing or demonstrating may not interfere by mingling with organized meetings or other assemblies for the purpose of harassment, since this invades the rights of others to assemble and the rights of speakers to free expression.
(4) Picketing or demonstrating may not obstruct or physically interfere with the integrity of the classroom, the privacy of administrative offices, or the functioning of the physical plant.

Section 5. Penalties: A person who shall violate any of the provisions of these rules may:

(a) If he is a licensee or invitee, have his authorization to remain upon the school premises withdrawn and shall be directed to leave the premises. In the event of his failure or refusal to do so, he shall be subject to ejection.
(b) If he is a trespasser or visitor without specific license or invitation, be subject to ejection.
(c) If he is a student, be subject to expulsion or such lesser disciplinary action as the facts of the case may warrant including suspension, exclusion from extracurricular activities, reprimand or warning.
(d) If he is a teacher, be deemed guilty of conduct unbecoming a teacher, and be subject to dismissal or termination of his employment or such lesser disciplinary action as the facts may warrant including suspension without pay, fine or reprimand.
(e) If he is a staff member in the classified service of the civil service, described in section 75 of the Civil Service Law, be guilty of misconduct, and be subject to the penalties prescribed in said section.
(f) If he is an administrator or a staff member other than one described above in subdivisions (d) and (a), be subject to dismissal, suspension without pay, fine or reprimand.

Section 6. Procedures.

(a) The Superintendent or his designee shall inform any licensee or invitee who shall violate any provision of these rule that his license or invitation is withdrawn and shall direct him to leave the school property. In the event of his failure or refusal to do so, such officer shall cause his ejection from such property.
(b) In the case of any other violator, who is neither a student nor teacher or other staff member, the Superintendent or his designee shall inform him that he is not authorized to remain on the property of the school and direct him to leave such premises. In the event of his failure or refusal to do so, such officer shall cause his 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 liability to prosecution for trespass 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 hereinafter provided in section 9 of these Rules and Regulations.
(d) In the case of a tenured teacher, charges of misconduct in violation of these rules shall be made, heard and determined in accordance with Section 3020-a of the education Law. In the case of a nontenured teacher, the provisions of Chapter 866 of the Law of 1972, if applicable, shall be observed.
(e) In the case of any staff member who holds a position in the classified civil service, described in section 75 of the Civil Service Law, charges of misconduct in violation of these rules shall be made, heard and determined as prescribed in that section.
(f) Any other employee, staff member, or administrator, who shall violate any provision of these rules shall be dismissed, suspended, fined or reprimanded by the appointing authority subject to any applicable law, rule or regulation.

Section 7. Enforcement Program.

(a) The Superintendent shall be responsible for the enforcement of these rules and he shall designate the other administrative officers who are authorized to take action in accordance with such rule when required or appropriate to carry them into effect.
(b) It is not intended by any provision herein to curtain the right of students, teachers, or staff to be heard upon any matter affecting them in their relations with the school. In the case of any apparent violation of these rules by such persons, which, in the judgment of the Superintendent or his designee does not pose any immediate threat to person or property, such officer may make reasonable effort to learn the cause of the conduct in question and to resort to permissible methods for the resolution of any issues which may be presented. In doing so, such officer shall warn such persons of the consequences of persistence in the prohibited conduct, including their ejection from any school premises where their continued presence and conduct is in violation of these rules.
(c) 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 designee shall cause the ejection of the violator from any premises which he occupies in such violation and shall initiate disciplinary action as hereinbefore provided.
(d) The Superintendent or his designee may apply to the public authorities for any aid which he deems necessary in causing the ejection of any violator of these rule and he may request the school attorney to apply to any court of appropriate jurisdiction for an injunction to restrain the violation or threatened violation of such rules.

Section 8. Communication.

The school authorities will provide proper communication of these rules and regulations.

Section 9. Determination of charges against students.

(a) The term Superintendent, as used in these rules, shall be deemed to mean and include his designee or any person authorized to exercise the powers of that office during a vacancy therein or during the absence or disability of the incumbent.

(b) Whenever a complaint is made to the Superintendent or his designee of a violation by a student or students, or whenever he has knowledge that such a violation may have occurred, he shall cause an investigation to be made and the statements of the complainants, if any, and of other persons having knowledge of the facts reduced to writing. If he is satisfied from such investigation and statements that there is reasonable ground to believe that there has been such a violation he, or his administrative designee, shall discuss the matter with the alleged violator or violators and determine the extent of any such violation. Upon a determination of a violation, the Superintendent, or his administrative designee, shall take such disciplinary action as in his judgment is deemed warranted under the particular circumstances, having in mind always the limitations, if any, imposed by law.

(c) The nature of such disciplinary action for student violations may take the form of reprimand, exclusion from extracurricular activities, suspension or permanent expulsion, subject to limitations and procedures prescribed by Section 3214 of the Education Law.

(d) The Superintendent may suspend the student charged with a violation of these rules and regulations pending determination thereof, whenever in his judgment, the continued presence of such student would constitute a clear danger to the safety, morale, health or welfare of himself or other persons or to the safety of property on the premises of the school, or would pose an immediate threat of disruptive interference with the normal conduct of the school’s activities and functions, provided, however, that the Superintendent shall grant an immediate hearing on request of any student so suspended with respect to the basis for such suspension.

Section 10. Prohibited Conduct.

No person shall willfully make any noise or diversion which disturbs or tends to disturb the peace or good order, while on or near school property during a school session, an athletic event or other authorized school activity, or within one-half hour before or after such session, event, or activity.