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Prohibition of Dangerous Materials on District Property

New Policy: 8-14-13

Philosophy

In order to enhance the safety and security of students, patrons, personnel, and property, the Board of Education directs the Superintendent and school administration to maintain Emergency Preparedness/Safety Plans in accordance with Utah State Law and comply with the requirements of this Policy.

Definition

Dangerous Materials are, but not limited to, the following:
any knife, weapon, explosive, firework, flammable substances, dangerous chemicals, mace, pepper spray, tazers, martial-arts weapons; or any device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death, serious bodily injury or destruction of property. It also includes any firearm: pistol, revolver, shotgun, sawed-off shotgun, rifle or sawed-off rifle, or any device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. This also includes any replica or facsimile of any of the above, regardless of intent and whether functional or nonfunctional.

Policy

Although community safety and security are responsibilities of State and local law enforcement agencies, the Board believes that school safety and security will be best realized when the schools throughout the District work in harmony with other law enforcement agencies. The focus of the School Resource Officers (SRO) shall be to enhance safety and security for children and personnel at school and work. The SRO's, in conjunction with other law enforcement agencies, and in consultation with the Superintendent and/or school administration, shall assist in making safety recommendations and developing comprehensive Emergency Preparedness/Safety Plans that include annual, ongoing education, drills and training for school personnel and students.

The purpose of this Policy is to designate South Sanpete District Schools and property as zones free of dangerous materials. This Policy establishes standards for the prohibition and authorization of dangerous materials on District property or at District activities.

A. Standards:

        1. Prohibition of Dangerous Materials
            No District employee, student, or any other person, shall possess a firearm, weapon,    
            explosive, flammable material, or other material dangerous to persons or property on  
            or about school premises or other District buildings or property.

       2. Authorization of Dangerous Materials
           a. Building administrators are responsible for the authorization of dangerous materials  
               within their respective schools and school-related functions and activities.
           b. Exceptions to this Policy are as follows:
                       i. law enforcement personnel and SRO's;
                       ii. dangerous materials used for authorized purposes in connection with a lawful
                          activity; or
                       iii. items or material being used in connection with a lawful, approved activity    
                           and is in the possession or under the control of the person responsible for its
                           possession or use (e.g. chemicals in a chemistry class, knives in a family and    
                           consumer science class).

     3. Notification of Prohibition
         Building administrators shall be responsible for disseminating all or part of this Policy to    
         employees and patrons annually.

     4. Violations   
         Persons who violate this Policy shall be referred to appropriate law- enforcement agencies. In  
         addition, students shall be subject to corrective action and disciplinary action as outlined in the  
         District's Safe School Policy. Employees shall be subject to disciplinary action as outlined in State
         and Federal Law and District policies.

    5. Concealed Weapons

        State Law contemplates the issuance of a "permit to carry a concealed firearm for lawful self       
        defense" (Utah Code 53-5-704). The Board recognizes the Legislature has created a statutory
        exception to the Board's prohibition regarding dangerous materials.

        State Law defines a "concealed dangerous weapon" as one that is "covered, hidden, or secreted
        in a manner that the public would not be aware of its presence and is readily accessible for
        immediate use."
        (Utah Code 76-10-501(3)(a) (i-ii).

         a. The District does not allow, give permission for, or otherwise condone any person's decision to
             carry, use, or threaten the use of a weapon. Any and all demands, liabilities, claims,
             damages, actions, or proceedings in law or equity, including attorney's fees and costs of suit
             relating to, or arising out of, a person's decision to carry, use, or threaten the use of a
             weapon shall be the sole responsibility of that person without any recourse to, or liability
             protection from or through, the District.

         b. Employees Responsibilities
               i. With the exception of police officers and an SRO, an employee's decision to carry, use, or  
                  threaten the use of a weapon is unequivocally outside the scope of the employee's
                 employment.
               ii. With the exception of police officers and an SRO, employees who carry a concealed,
                  dangerous weapon may not use District property to cover, hide, or secret a dangerous  
                  weapon anywhere other than readily accessible for immediate use. Employees who violate
                  this directive shall be subject to disciplinary action that may include termination.
               iii. An employee's rights relating to freedom of speech do not include discussion regarding an
                   employee's carrying of a firearm or holding a permit to do so while the employee is acting  
                   in the employee's official capacity or during school hours or activities when students are
                   present. Such discussion constitutes improper conduct.

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