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Lodi Unified School District

Policy 3515.4 - Recovery for District Property Loss or Damage

Series: 3000 - Business and Non-Instructional Operations

Policy: 3515.4 - Recovery for District Property Loss or Damage

Adopted: 04/20/1976

Last Revised: 02/07/2012

Download Policy 3515.4 - Recovery for District Property Loss or Damage PDF (English)

Download Rule 3515.4 - Recovery for District Property Loss or Damage PDF (English)

Recovery for District Property Loss or Damage

The Superintendent and/or Board of Education will take all practical and reasonable steps to seek reimbursement of property damages and rewards from any individual or from the custodial parent/guardian of any minor who commits any act of theft, vandalism or graffiti, including the appropriate legal action.

If the Superintendent or designee or law enforcement officials are unable to fix responsibility for the theft or vandalism, the Superintendent or designee is authorized to offer a reward in an amount he/she deems appropriate, not exceeding $2,500 to the individual or individuals providing information leading to the identification and apprehension of the guilty party. A reward in excess of $2,500 must be authorized in advance by the Board. A reward shall be paid only when the guilt of the person responsible for the act has been established by a confession, criminal conviction, or other appropriate judicial procedures.

The parent/guardian having custody/control of a minor who commits an act of vandalism may be held liable for up to the maximum limit allowed by law for the unlawful act. The parents/guardians also may be held liable for rewards of up to the maximum allowed by law.

Legal References

California Education Code
19910 Malicious cutting, tearing, defacing, breaking or injuring
19911 Willful detention of property
44810 Willful interference with classroom conduct
48904 Liability of parent or guardian for willful misconduct; withholding of grades, diplomas and transcripts
 
Civil Code
1714.1 Liability of parent or guardian for act of willful misconduct by a minor
 
Government Code
53069.5 Reward for information concerning person causing death, injury, or property damage; liability or reward
53069.6 Actions to recover damages
61601.1 Graffiti abatement district
 
Penal Code
484 Theft defined
594 Vandalism Policy
594.1 Aerosol paint and etching cream
640.5 Graffiti; facilities or vehicles of governmental entity
640.6 Graffiti

Rule 3515.4

Approved 02/16/2010

Recovery for District Property Loss or Damage

Reports by Staff

District employees shall report any damage to or loss of school property to the principal or designee immediately after such damage or loss is discovered. The principal or designee shall contact the appropriate district official.


Investigation

The Superintendent or designee shall conduct a complete investigation of any instance of damage to or loss of school property and shall consult law enforcement officials when appropriate. If it is determined that the damage has been committed by any district student, the Superintendent or designee shall initiate appropriate disciplinary procedures against the student.


Recovery of Damages

When the individual causing the damage or loss has been identified and the costs of repair, replacement, or cleanup determined, the Superintendent or designee shall take all practical and reasonable steps to recover the district’s costs and shall consult with the district’s legal counsel and/or insurance administrator, as appropriate.

Such steps may include the filing of a civil complaint in a court of competent jurisdiction to recover damages from the responsible person and, if the responsible person is a minor, from his/her parent/guardian in accordance with law. Damages may include the cost of repair or replacement of the property, the payment of any reward, interest, court costs, and all other damages as provided by law.

All restitution applications and payments will be processed and recorded by the Risk Office.


Payment of Reward

When authorized according to Board policy, the Superintendent or designee shall pay the reward to the party who provides information sufficient to identify and apprehend the person (s) subsequently determined to be responsible for the damage or loss. If more than one person provides information, the reward shall be divided among them as appropriate.