|
Business
& Non-Instructional Operations |
3541.42-AR |
VANDALISM OF DISTRICT VEHICLES
A.
Purpose
and Scope
To establish administrative procedures for acts that cause unsafe conditions enroute or at bus stops and to establish administrative procedures for acts of vandalism to district-owned vehicles
B.
General
1.
The
district will prosecute individuals who are responsible for causing an unsafe
condition on or about any district-owned vehicle endangering either the driver
or its occupants.
a.
Any
person who throws any substance at a vehicle or any occupant thereof on a
highway is guilty of a misdemeanor. (Vehicle Code 23110)
b.
Any
person who with intent to do great bodily injury maliciously and willfully
throws or projects any rock, brick, bottle, metal or other missile, or projects
any other substance capable of doing serious bodily harm at such vehicle or
occupant thereof is guilty of a felony and upon conviction shall be punished by
imprisonment in the state prison. (Vehicle Code 23110)
2.
The
district will seek restoration from individuals who cause damage to
district-owned vehicles.
a.
Notwithstanding
Section 1714.1 of the Civil Code, the parent or guardian of any minor whose
willful misconduct results in injury or death to any pupil or any person
employed by or performing volunteer services for a school district or private
school or who willfully cuts, defaces, or otherwise injures in any way any
property, real or personal, belonging to a school district or private school,
or personal property of any school employee shall be liable for all such
damages so caused by the minor. The liability of the parent or guardian shall
not exceed five thousand dollars ($5,000). The parent or guardian shall also be
liable for the amount of any reward not exceeding five thousand dollars
($5,000) paid pursuant to Section 53069.5 of the Government Code. The parent or
guardian of a minor shall be liable to a school district or private school for
all property belonging to the school district or private school loaned to the
minor and not returned upon demand of an employee of the district or private
school authorized to make the demand. (Education Code 48909)
b.
Any
school district or private school whose real or personal property has been
willfully cut, defaced or otherwise injured may, after affording the pupil his
or her due process rights, withhold the grades, diploma, and transcripts of the
pupil responsible for the damage until the pupil or the pupil's parent or
guardian has paid for the damages thereto, as provided in subdivision (a).When
the minor and parent are unable to pay for the damages, the school district or
private school shall provide a program of voluntary work for the minor in lieu
of the payment of monetary damages. Upon completion of such voluntary work the
grades, diploma, and transcripts of the pupil shall be released. The governing
board of each school district or governing body of each private school shall
establish rules and regulations governing procedures for the implementation of
this subdivision. Such procedures shall conform to, but are not necessarily
limited to, those procedures established in this code for the expulsion of
pupils. (Education Code 48909)
3.
If
shots are fired at any district-owned vehicle the police are to be notified
immediately.
C.
Forms
Used and Additional References
1.
Parent
letter regarding district position on objects being thrown at district-owned
vehicle to be sent to each family during the first month of school
2.
A
multi-copy follow-up form to be filled out by the site administrator
3.
Police
report
4.
File
on incident (initiated by the Transportation Department)
D.
Procedure
1.
Incident
Occurrence:
a.
The
driver will contact the dispatcher or the transportation supervisor regarding the
incident.
b.
The
transportation supervisor may contact the school principal if a site
administrator should meet the vehicle.
c.
If
there is bodily injury or vehicle damage, the transportation supervisor will
contact the proper law enforcement agency and request a police report be taken.
d.
If there
is bodily injury a letter regarding the injury will be sent to the parents of
the students riding the bus.
e.
The
transportation supervisor will initiate an incident file.
f.
The
incident file shall go to the Assistant Superintendent, Administrative
Services; the Assistant Superintendent - Educational Services; the principal(s)
of the students involved; and the Director of Maintenance, Operations and
Transportation.
g.
The
site administrator will follow up on any leads initiated in the Transportation
Department.
h.
Students
will be interrogated by the site administrator using due process. Police
assistance may be requested by the site administrator.
i.
The
site administrator will determine if a police report should be taken and make
the request if one has not been taken because of bodily injury or vehicle
damage.
j.
Students
who are identified will be referred to the proper law enforcement agency.
k.
If a
law enforcement agency is asked to assist, the school district will cease its
formal investigation.
l.
A
follow-up report, on a multi-copy form, will be filled out by the site
administrator and copies sent to the Assistant Superintendent, Administrative
Services; the Assistant Superintendent - Educational Services; and the Director
of Maintenance, Operations and Transportation. The original will remain in the
incident file.
m.
If
incidents continue to occur and there is no one apprehended, the Transportation
Department may modify the route or bus stop. Under these circumstances the
superintendent or his designee must approve the change. The alternate route or
stop must meet the safety requirements and safe walking guidelines. Prior to
rerouting or changing stops, the transportation supervisor will notify students
and parents in writing.
n.
Letters
regarding the incident will be sent to parents of the students who ride the
bus.
2.
Recommendations
for Assistance for Incidents Occurring at Scheduled Stops:
Site administrators may request assistance from the student body, write articles for student newspapers, request assistance from Parent Teacher Associations/Parent Teacher Organizations, request the district staff to make contact with the local newspapers, may initiate community meetings under the guidance of the Assistant Superintendent - Educational Services.
3.
Vandalism
Occurrence:
a.
Any
athletic or field trip group using a district-owned vehicle shall be
responsible for inspecting the vehicle and identify any damage of the vehicle
to the Transportation Supervisor or Dispatcher.
b.
Upon
completion of the trip, the driver and trip supervisor shall make an inspection
of the vehicle. Any vandalism of the vehicle shall be identified.
c.
An
incident file will be initiated for each vandalism occurrence and sent to the
appropriate site administrator.
d.
Copies
of the vandalism report will be submitted to the Assistant Superintendent -
Educational Services; the Assistant Superintendent, Administrative Services;
and the Director of Maintenance, Operations and Transportation.
e.
Upon
repair of the vehicle, the group causing the vandalism will be responsible for
any charges necessary to repair the vehicle.
f.
The
school is responsible for students who ride the bus from home to school.
Vandalism of a bus will be identified and charges for repair of the bus shall
be made to the school.
g.
The
site administrator will follow up on any leads initiated in the transportation
department.
h.
Students
will be interrogated by the site administrator, using due process.
i.
If a
student is found to be responsible for vandalism of a district-owned vehicle,
the parents or guardian of the student shall be liable for all damages.
j.
The
site administrator may make a recommendation to the Assistant Superintendent -
Educational Services to suspend or expel the student.
E.
Reports
Required
1.
A
multi-copy follow up form to be filled out by the site administrator
2.
A
police report taken if there is bodily injury or vehicle damage, or at the
request of the site administrator
3.
A file
on the incident to be initiated by the transportation department
F.
Record
Retention
1.
Anecdotal
discipline and guidance records shall be retained while the student is
enrolled.
2.
Records
shall be kept until the student's graduation year has passed, then destroyed.
G.
Responsible
Administrative Unit
Assistant
Superintendent, Administrative Services
H.
Approved
by:
|
John
Perry |
|
Keith Larick |
|
|
Responsible
Division Head |
Date |
Superintendent |
Date |