Policy 3971-2

Facilities - Purpose

Trespassers

Reviewed and affirmed by the Board:  7/7/2014
Last Revision: 
Original publish date: 
Related policies & regulations:  
Legal references:  

  

Restrictions on the use of school buildings and grounds may be implemented by administrative action. The Lincoln Board of Education hereby delegates to and gives all District and building administrators and their designees full power and authority to implement and enforce restrictions on access to school property and to issue no trespassing commands and stay away/no trespassing letters. Such action shall be taken consistent with constitutional and other legal rights.

 

All District and building administrators and their designees shall have full power and authority to direct any individual or group to leave school grounds and stay away where such individual or group:

  1. has failed to comply with identification or check-in procedures.
  2. is determined by an administrator or designee to not have a legitimate school purpose to be on school grounds or
  3. is determined by an administrator or designee to present a risk to the safety of building users or a risk of disruption to the educational program including, without limitation, registered sex offenders.

A refusal to leave or stay away as directed will be considered trespassing and shall be reported by the administrators or their designees to proper law enforcement authorities.

 

When such a situation occurs, an administrator or designee shall initiate the following procedures:

  1. Request the individual to leave the property and warn him/her that he/she is trespassing.
  2. If the individual is warned and leaves, the administrator shall document the time, date and place of the incident. If the individual had been informed previously that he/she was not to be on school grounds or in the particular place in which he/she was situated, call the police. If not previously so informed, the administrator is to determine if the individual should be informed he/she is not to be on school property any time in the future. The documentation can be used to substantiate a future charge.
  3. An individual who refuses to leave should be informed that he/she is considered to be trespassing and asked to leave again.
  4. If the individual does not leave, inform him/her that the police will be called and a charge of trespassing filed.
  5. If the individual does not leave, call the police.
    • Give exact location of incident.
    • Give a complete description of individual or individuals.
  6. If the individual is still on school property when the police arrive the individual may be issued a citation or an arrest will be made.
  7. If the individual causes other problems - assault, threats, property damage or other - appropriate police and legal action will be taken.
  8. The building administrator must be willing to testify in court to substantiate the charges.  The administrator may also bring in other witnesses to testify.