Employee Protection (Personal Safety)

MJUSD

DIVISION 8000
SAFETY

EMPLOYEE PROTECTION (PERSONAL SECURITY)

An employee may use reasonable force necessary to protect themselves 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.

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 or designee. The Superintendent shall act as liaison between the employee, the police and the courts.

NOTE: Failure by the employee and the principal/supervisor to make a report of an assault is a misdemeanor. It is also a misdemeanor for any person to inhibit or impede the filing of the report. It is illegal for a Governing Board member or any employee of the District to impose any sanctions against any person under the duty to report an attack, assault or menace by a student.

If criminal or civil proceedings are brought against an employee alleging that the employee committed an assault in connection with his/her 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.

The Governing Board shall reimburse an employee for the cost of medical, surgical or hospital services (less the amount of any insurance reimbursement) incurred as the result of any injury sustained in the course of his/her employment.

An employee whose person or property is injured or damaged by willful misconduct of a student may request the District to pursue legal action against the student or the student's parent/guardian.

Legal Reference:

Education Code
35176 Replacing or repairing employees property
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
35106 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 employee
44807 Duty concerning conduct of pupils; limitations on criminal prosecution
44811 Upbraiding, insulting and abusing teachers
44812 Insulting and abusing teachers
48902 Notification of law enforcement authorities
48904 Parental liability
48905 Right to seek legal redress
49331 Removal of injurious object from possession of pupil by designated employee
Government Code
995 et seq. Authority to provide for defense
Penal Code
71 Threatening public officers and employees and school officials
241.1 Assault committed on school property against any person
241.3 Battery committed on school property against school bus drivers
Civil Code
51.7 Civil rights

First Reading: 2/12/91
Governing Board Adoption: 3/12/91

Website by SchoolMessenger Presence. © 2022 Intrado Corporation. All rights reserved.