- Cambridge-Isanti Schools
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- 211 - Criminal or Civil Action Against School District, School Board Member, Employee, or Student
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POLICY 211 - CRIMINAL OR CIVIL ACTION AGAINST SCHOOL DISTRICT, SCHOOL BOARD MEMBER, EMPLOYEE, OR STUDENT
I. PURPOSE
The purpose of this policy is to provide guidance as to the school district’s position, rights, and responsibilities when a civil or criminal action is pending against the school district, or a school board member, school district employee, or student.
II. GENERAL STATEMENT OF POLICY
- The school district recognizes that, when civil or criminal actions are pending against a school board member, school district employee, or student, the school district may be requested or required to take action.
- In responding to such requests and/or requirements, the school district will take such measures as are appropriate to its primary mission of providing for the education of students in an environment that is safe for staff and students and is conducive to learning.
- The school district acknowledges its statutory obligations with respect to providing assistance to school board members and teachers who are sued in connection with performance of school district duties. Collective bargaining agreements and school district policies may also apply.
III. CIVIL ACTIONS
- Pursuant to Minn. Stat. § 466.07, Subd. 1, the school district shall defend and indemnify any school board member or school district employee for damages in school-related litigation, including punitive damages, claimed or levied against the school board member or employee, provided that he or she was acting in the performance of the duties of the position and was not guilty of malfeasance, willful neglect of duty, or bad faith.
- Pursuant to Minn. Stat. §123B.25(b), with respect to teachers employed by the school district, upon written request of the teacher involved, the school district shall provide legal counsel for any school teacher against whom a claim is made or action is brought for recovery of damages in any tort action involving physical injury to any person or property or for wrongful death arising out of or in connection with the employment of the teacher with the school district. The school district will choose legal counsel after consultation with the teacher.
- Data Practices
Educational data and personnel data maintained by the school district may be sought as evidence in a civil proceeding. The school district will release the data only pursuant to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, and to the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g and related regulations. When an employee is subpoenaed and is expected to testify regarding educational data or personnel data, he or she is to inform the building administrator or designated supervisor, who shall immediately inform the superintendent or designee. No school board member or employee may release data without consultation in advance with the school district official who is designated as the authority responsible for the collection, use, and dissemination of data. - Service of Subpoenas
The policy of the school district is that its officers and employees will normally not be involved in providing service of process for third parties in the school setting. - Leave to Testify
Leave for employees appearing in court, either when sued or under subpoena to testify, will be considered in accordance with school district personnel policies and applicable collective bargaining agreements.
IV. CRIMINAL CHARGES OR CONDUCT
- Employees
- The school district expects that its employees serve as positive role models for students. As role models for students, employees have a duty to conduct themselves in an exemplary manner.
- If the school district receives information relating to activities of a criminal nature by an employee, the school district will investigate and take appropriate disciplinary action, which may include discharge, subject to school district policies, statutes, and provisions of applicable collective bargaining agreements.
- Pursuant to Minn. Stat. § 123B.02, Subd. 20, if reimbursement for a criminal defense is requested by a school district employee, the school board may, after consulting with its legal counsel, reimburse the employee for any costs and reasonable attorney fees incurred by the employee to defend criminal charges brought against the employee arising out of the performance of duties for the school district. The decision as to whether to reimburse shall be made in the discretion of the school board. A school board member who is a witness or an alleged victim in the case may not vote on the reimbursement. If a quorum of the school board is disqualified from voting on the reimbursement, the reimbursement must be approved by a judge of the district court.
- Students
The school district has an interest in maintaining a safe and healthful environment and in preventing disruption of the educational process. In order to further that interest, the school district will take appropriate action regarding students convicted of crimes that relate to the school environment. - Criminal Investigations
- The policy of the school district is to cooperate with law enforcement officials. The school district will make all efforts, however, to encourage law enforcement officials to question students and employees outside of school hours and off school premises unless there are extenuating circumstances or the matter being investigated is school-related, or as otherwise provided by law.
- If such questioning at school is unavoidable, the school district will attempt to maintain confidentiality, to avoid embarrassment to students and employees and to avoid disruption of the educational program. The school district will attempt to notify parents of a student under age 18 that police will be questioning their child. Normally, the superintendent, principal, or other appropriate school official will be present during the interview, except as otherwise required by law (Minn. Stat. § 626.556, Subd. 10), or as otherwise determined in consultation with the parent or guardian.
- Data Practices
The school district will release to juvenile justice and law enforcement authorities educational and personnel data only in accordance with Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act) and 20 U.S.C. § 1232g (FERPA).
V. STATEMENTS WHEN LITIGATION IS PENDING
The school district recognizes that when a civil or criminal action is commenced or pending, parties to the lawsuit have particular duties in reference to persons involved or named in the lawsuit, as well as insurance carrier(s). Therefore, school board members or school district employees shall make or release statements in that situation only in consultation with legal counsel.
Source: Cambridge-Isanti Schools
Legal References:
- Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
- Minn. Stat. §§ 121A.40-121A.56 (Pupil Fair Dismissal Act)
- Minn. Stat. § 123B.02, Subd. 20 (Legal Counsel, Reimbursement)
- Minn. Stat. § 123B.25(b) (Actions Against Teachers)
- Minn. Stat. § 466.07, Subd. 1 (Indemnification)
- 20 U.S.C. § 1232g (Family Educational Rights and Privacy Act)
- 42 U.S.C. § 1983 (Civil Action for Deprivating Rights)
- Minn. Op. Atty. Gen. 169 (Mar. 7, 1963)
- Minn. Op. Atty. Gen. 169 (Nov. 3, 1943)
- Dypress v. School Committee of Boston, 446 N.E.2d 1099 (Mass. App. Ct. 1983)
- Wood v. Strickland, 420 U.S. 308, 95 S.Ct. 992, 43 L.Ed.2d 214 (1975)
Cross References:
- Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
- Policy 406 (Public and Private Personnel Data)
- Policy 408 (Subpoena of a School District Employee)
- Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)
- Policy 506 (Student Discipline)
- Policy 515 (Protection and Privacy of Pupil Records)
Reviewed: 1-24-02, 2-24-05, 3-22-07, 9-18-14, 6-20-19
Approved: 2-21-02, 3-17-05, 4-19-07, 10-23-14, 7-18-19
Policy Manual
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100 - School District
- 101 - Legal Status of the School District
- 101.1 - Name of the School District
- 101.2 - Naming of School District Sites and Facilities
- 101.2P - Memorials and Naming of School District Sites and Facilities
- 102 - Equal Education Opportunity
- 103 - Complaints - Students, Employees, Parents, Other Persons
- 104 - School District Mission Statement
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200 - School Board
- 201 - Legal Status of the School Board
- 202 - School Board Officers
- 203 - Operation of the School Board - Governing Rules
- 203.1 - School Board Procedures; Rules of Order
- 203.2 - Order of the Regular School Board Meeting
- 203.5 - School Board Meeting Agenda
- 203.6 - Consent Agendas
- 203.7 - School Board Compensation Policy
- 204 - School Board Meeting Minutes
- 205 - Open Meetings and Closed Meetings
- 206 - Public Participation in School Board Meetings
- 207 - Public Hearings
- 208 - Development, Adoption, and Implementation of Policies
- 209 - Code of Ethics
- 210 - Conflict of Interest - School Board Members
- 211 - Criminal or Civil Action Against School District, School Board Member, Employee, or Student
- 212 - School Board Member Development
- 213 - School Board Committees
- 214 - Out-of-State Travel By School Board Members
- 215 - Student Representative to the School Board
- 216 - School Board Recognition and Accomplishment
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400 - Employees/Personnel
- 401 - Equal Employment Opportunity
- 402 - Disability Nondiscrimination Policy
- 403 - Discipline, Suspension, and Dismissal of School District Employees
- 404 - Employment Background Checks
- 404P - Volunteer Background Check Procedure
- 405 - Veteran's Preference
- 406 - Public and Private Personnel Data
- 406F- Public and Private Personnel Data
- 407 - Employee Right to Know - Exposure to Hazardous Substances
- 408 - Subpoena of a School District Employee
- 409 - Employee Publications, Instructional Materials, Inventions and Creations
- 410 - Family and Medical Leave Policy
- 410F - Family and Medical Leave Form
- 412 - Expense Reimbursement
- 412F - Request for Mileage/Expense Reimbursement
- 413 - Harassment and Violence
- 413F - Harassment and Violence Form
- 414 - Mandated Reporting of Child Neglect or Physical or Sexual Abuse
- 414 Form - Student Maltreatment Reporting
- 415 - Mandated Reporting of Maltreatment of Vulnerable Adults
- 416 - Drug and Alcohol Testing
- 416 Form A - Drug and Alcohol Testing
- 416 Form B - Drug and Alcohol Testing
- 416 Form B1 - Drug and Alcohol Testing
- 416 Form C - Drug and Alcohol Testing
- 416 Form D - Drug and Alcohol Testing
- 416 Form E - Drug and Alcohol Testing
- 416 Form F - Drug and Alcohol Testing
- 416 Form G - Drug and Alcohol Testing
- 417 - Chemical Use and Abuse
- 418 - Drug-Free Workplace/Drug-Free School
- 418 Form - Drug-Free Workplace/Drug-Free School
- 419 - Tobacco-Free Environment; Possession and Use of Tobacco, Tobacco-Related Devices, and Electronic Delivery Devices
- 420 - Students and Employees with Sexually Transmitted Infections and Diseases and Certain Other Communicable Diseases and Infectious Conditions
- 420A - Human Sexuality and Aids Education
- 421 - Gifts to Employees and School Board Members
- 422 - Policies Incorporated by Reference - Employees
- 423 - Employee/Student Relationships
- 424 - License Status
- 425 - Professional Development and Mentoring
- 426 - Communications - Employer/Employee Relations
- 426R - Employer/Employee Relations
- 427 - Workload Limits for Certain Special Education Teachers
- 428 - Respectful Workplace
- 430 - Staff Leaves and Absences
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500 - Students
- 501 - School Weapons Policy
- 502 - Search of Student Lockers, Desks, Personal Possessions and Student's Person
- 503 - Student Attendance
- 504 - Student Dress and Appearance
- 505 - Distribution of Nonschool Sponsored Materials on School Premises by Students and Employees
- 505.1 - Distribution of Information for Political Campaigns and Activities
- 506 - Student Discipline
- 506F - Notice of Suspension
- 507 - Corporal Punishment
- 508 - Extended School Year for Certain Students with Individualized Education Programs
- 509 - Enrollment of Nonresident Students
- 509.1 - In-District Open Enrollment
- 509.1F - In-District Enrollment Request
- 509.2 - Entrance Age
- 509.2F - Elementary School Early Enrollment Application
- 509.2P - Early Entrance
- 509P - PROCEDURE Homeless Student Rights and Enrollment Practices
- 510 - School Activities
- 511 - Student Fundraising
- 512 - School-Sponsored Student Publications and Activities
- 513 - Student Promotion, Retention and Program Design
- 514 - Bullying Prohibition Policy
- 514F - Bullying Reporting Form
- 515 - Protection and Privacy of Pupil Records
- 515F - Notice of Special Education File Retention Policy
- 515P - Retention and Destruction of Student Records for Special Education Students
- 516 - Student Medication
- 516F - Administering Prescription Medications Form
- 517 - Student Recruiting
- 518 - DNR-DNI Orders
- 519 - Interviews of Students by Outside Agencies
- 520 - Student Surveys
- 521 - Student Disability Nondiscrimination
- 522 - Title IX Sex Nondiscrimination Policy, Grievance Procedure, and Process
- 523 - Policies Incorporated by Reference-Students
- 524 - Internet Acceptable Use and Safety Policy
- 524F - Internet Use Agreements
- 525 - Violence Prevention
- 526 - Hazing Prohibition
- 527 - Student Use and Parking of Motor Vehicles; Patrols, Inspections, and Searches
- 528 - Student Parental, Family, and Marital Status Nondiscrimination
- 529 - Staff Notification of Violent Behavior By Students
- 529F - Staff Notification of Violent Behavior By Students Form
- 530 - Immunization Requirements
- 531 - The Pledge of Allegiance
- 532 - Use of Peace Officers and Crisis Teams To Remove Students with IEPs From School Grounds
- 533 - Wellness
- 534 - Unpaid Meal Charges
- 535 - Service Animals and Therapy Dogs in Schools
- 535F - Approval Request Form for Use of a Service Animal
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600 - Education Programs
- 601 - School District Curriculum and Instruction Goals
- 601.1 - New Teacher Mentor Program
- 601.3 - Student Teaching and Internship
- 602 - Organization of School Calendar and School Day
- 603 - Curriculum Development
- 604 - Instructional Curriculum
- 605 - Alternative Educational Programs
- 606 - Textbooks and Instructional Materials
- 606P - Guidelines for Selection of Media & Instructional Materials
- 607 - Organization of Grade Levels
- 608 - Instructional Services-Special Education
- 609 - Religion
- 610 - Field Trips
- 611 - Home Schooling
- 611.1 - Private, Parochial, and Home School Shared Services
- 612.1 - Development of Parent and Family Engagement Policies for Title I Programs
- 613 - Graduation Requirements
- 614 - School District Testing Plan and Procedure
- 615 - Testing, Accommodations, Modifications, and Exemptions for IEPS, Section 504 Accommodations, and LEP Students
- 616 - School District Systems Accountability
- 618 - Assessment of Standards Achievement
- 619 - Staff Development for Standards
- 620 - Credit of Learning
- 623 - Mandatory Summer School Instruction
- 624 - Online Learning Options
- 625 - Volunteer Policy
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700 - Non-Instructional Operations and Business Services
- 701 - Establishment and Adoption of School District Budget
- 701.1 - Modification of School District Budget
- 701.2 - Purchasing
- 701.2P - Purchasing Cell Phone
- 701.2P - Purchasing PCard
- 701.2P - Purchasing Purchase Order
- 702 - Accounting
- 703 - Annual Audit
- 704 - Development and Maintenance of an Inventory of Fixed Assets and a Fixed Asset Accounting System
- 705 - Investment of School Funds
- 706 - Acceptance of Gifts
- 707 - Transportation of Public School Students
- 708 - Transportation of Nonpublic School Students
- 709 - Student Transportation Safety Policy
- 709F - Attachment A
- 709F - Attachment B
- 709F - Attachment C
- 709R - Student Transportation Safety Policy Student Conduct-Bus Referral Procedures
- 710 - Extracurricular Transportation
- 711 - Video Recording on School Buses
- 712 - Video Surveillance Other Than on Buses
- 713 - Student Activity Accounting
- 714 - Fund Balances
- 720 - Sales of Food and Beverages
- 721 - Uniform Grant Guidance Policy Regarding Federal Reserve Sources
- 721P - Uniform Grant Guidance Procedures
- 722 - Public Data and Data Subject Requests
- 723 - Post Issuance Debt Compliance Policy
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800 - Building and Sites
- 801 - Equal Access to School Facilities
- 802 - Disposition of Obsolete Equipment and Material
- 805 - Waste Reduction and Recycling
- 806 - Crisis Management Policy
- 806F - Crisis Management Planning
- 807 - Health and Safety Policy
- 808 - Energy Policy
- 809 - Unmanned Aerial Vehicle (Drone) Policy
- 810 - Information Security Policy
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900 - School/Community Relations
- 901 - Community Education
- 902 - Use of School District Facilities and Equipment
- 902P - Use of School Facilities Procedure
- 903 - Visitors to School District Buildings and Sites
- 903.1 - Sales Calls and Demonstrations
- 904 - Distribution of Materials on School District Property by Nonschool Persons
- 905 - Advertising
- 906 - Community Notification of Predatory Offenders
- 907 - Rewards
- 908 - American Indian Committee
- 909 - Relations with Colleges and Universities
- 910 - Communications and Public Relations
- 911 - Tax Abatement