Interviews or Interrogations of Students by School Administrators
When a violation of Board policy or school rules occurs, the principal or designee may question potential student victims and witnesses without prior consent of the student's parent/guardian. If a school official is investigating a report of child abuse and the suspected perpetrator is a member of the student's family, no contact with the student's family will be made.
In situations where a student is suspected of violating Board policies or school rules, the principal or designee may interrogate the suspected student if the school official has reasonable grounds to suspect that such a violation has occurred. The nature and extent of the questioning must be reasonably related to the objectives of the questioning. If the student denies any involvement or culpability, the student will have the opportunity to present his or her side of the story, orally or in writing.
Searches Conducted by School Personnel
Searches may be conducted by a school official who has reasonable grounds for suspecting that a search will turn up evidence that the student has violated either the law or Board policy. When reasonable grounds for a search exist, school personnel may search a student and/or his property while on school premises or during a school activity under the circumstances outlined in this policy and may seize any illegal, unauthorized or contraband materials.
Any search conducted by a school official shall respect the privacy of the student and not be any more intrusive than necessary considering the age and sex of the student and nature of the suspected infraction.
Whenever possible, the student shall be informed of the reason(s) for conducting the search and the student's permission to perform the search shall be requested. A student's failure to cooperate with school officials conducting a search shall be considered grounds for disciplinary action.
An administrative report shall be prepared by the school official conducting a search explaining the reasons for the search, the results and the names of any witnesses. If the search produces evidence to be used as the basis for disciplinary action, the report shall be filed in the student's discipline file.
Definitions
Adoption Date: May 10, 1999
Last Revised: September 10, 2012
- "Reasonable suspicion" is the standard for a search on school property or at school activities carried out by school authorities. Reasonable suspicion should be based on facts provided by a reliable informant or personal observation which cause the school official to believe, based on his own experience, that search of a particular person, place or thing would lead to the discovery of evidence of a violation of Board policy or state laws. Reasonable suspicion requires more than a mere hunch.
- "Contraband" consists of all substances or materials prohibited by Board policy or state law including but not limited to drugs, alcoholic beverages, a "deadly weapon/firearm," "weapon," or "facsimile," as described in Policy JICI.
- conduct a search of school property including lockers, desks and other storage areas;
- conduct a search of any motor vehicle or any object in the possession of the student such as a purse, briefcase or backpack if the student refused to permit school authorities to conduct such a search; In the case of such refusal, the principal or his designee may, but shall not be obligated to, first attempt to contact and secure assistance of the student's parent before involving a law enforcement officer; or
- identify or take possession of prohibited items found in the course of a search conducted in accordance with this section.
- there is uncoerced consent by the student;
- there is probable cause and circumstances such that taking the time to obtain a search warrant would frustrate the purpose of the search; or
- the search is incident to an arrest and is limited to the person and his immediate surroundings.
- Seized, tested and/or offered as evidence in any suspension or expulsion proceeding. Such material shall be kept in a secure place by the principal until it is presented at the hearing. If testing a substance has shown it to be a controlled or counterfeit substance, written documentation or the identification of the substance shall be maintained and admitted as evidence in any suspension or expulsion proceeding; or
- Turned over to any law enforcement officer in accordance with this policy.
- Any law enforcement records, testing or reports relative to the seized item may also be used as evidence in any suspension or expulsion proceeding.
Cross References: | JK – Student Discipline |
JICI – Weapons in School | |
Legal References: | C.R.S. 19-2-511 et seq |
C.R.S. 22-32-109.1 (2)(a)(I)(II)(policy required as part of safe schools plan). | |