Policy 5131.5 - Vandalism, Theft and Graffiti

Vandalism, Theft and Graffiti

The Board of Education considers vandalism a very serious matter. Vandalism includes the negligent, willful, or unlawful damaging or theft of any district-owned real or personal property, including the writing of graffiti.

Students and staff are encouraged to report any graffiti or vandalism to the principal or designee for investigation. The principal or designee shall determine whether the incident necessitates an investigation pursuant to the district's sexual harassment, hate-motivated behavior, or nondiscrimination grievance procedure.

A student who commits an act of vandalism or graffiti on school grounds shall be subject to disciplinary action, including, but not limited to, suspension or expulsion in accordance with Board policy and administrative regulation. If reparation for damages is not made, the district also may withhold the student's grades, diploma, and/or transcripts in accordance with law.

As appropriate, the principal or designee may contact local law enforcement in instances when the graffiti is repetitive, identifies particular targets or groups, identifies the perpetrator, and/or contains incitements to violence, threats, or intimidation. Photographs or other evidence of the vandalism or graffiti shall be preserved as necessary for investigation by the district or law enforcement and as evidence in any district disciplinary proceedings.

The principal or designee shall ensure that graffiti on school grounds is removed and covered as soon as possible, and if practicable before the beginning of the school day.

Parents/guardians of minor students and students 18 years old or older will be held financially liable for damage resulting to school property for acts of vandalism where guilt has been proven. The Board of Education may seek redress in the amount of the damage, including, but not limited to, the cost of repair and/or replacement, from any individual or the parents/guardians of any minor who commits any act of vandalism. A student’s guilt shall be established when his/her participation in the unlawful activity is determined by either the appropriate judicial forum or by site and/or district adjudicatory procedures.

The parent/guardian having custody or control of a minor who commits an act of vandalism may be held liable for up to $10,000 or the maximum limit allowed by law for the unlawful act. The parent/guardian also may be held liable for rewards of up to $10,000 or the maximum allowed by law.

If the Superintendent or designee or law enforcement officials are unable to identify the person(s) responsible for the vandalism, the Superintendent or designee is authorized to offer a reward in the amount he/she deems appropriate, not exceeding $1,000 to the individual or individuals proving information leading to the identification and apprehension of the guilty party. A reward in excess of $1,000 must be authorized in advance by the board. A reward shall be paid only when the guilt of the person responsible for the crime has been established by a confession, criminal conviction, or other appropriate judicial procedures.

Rule #

Rule Approved 01/20/1981
Last Revised 06/02/1998

The following procedures shall govern the pupil’s rights to due process in matters arising under the terms of Policy 5131.5:

A. A hearing shall be held within 20 school days of the date on which the school principal or other school official notifies the adult pupil or the minor pupil’s parent or guardian of the pupil’s liability for the damages or injuries. The pupil or the pupil’s parent or guardian may request in writing that the hearing be postponed if such request is made at least five calendar days prior to the date set for the hearing. In the event that compliance with these time limits is impracticable under the circumstances, the hearing may be delayed for good cause up to five additional school days. An adult pupil or the parent or guardian of a minor pupil may also waive their right to a hearing by submitting written request to the district that no hearing be held.

B. Written notice of the hearing shall be forwarded to the adult pupil or parent or guardian of the minor pupil at least 10 calendar days prior to the date of the hearing. The notice will include the date and place of the hearing, a statement of the specific facts upon which the allegation of liability is based, a copy of all the rules of the district which pertain to alleged liability, and the opportunity of the pupil or pupil’s parent or guardian to appear in person or be represented by legal counsel at their expense, inspect and obtain copies of all documents to be used at the hearing, confront and question all witnesses who testify at the hearing, confront and question all witnesses who testify at the hearing, question all other evidence presented, and present oral and documentary evidence on the pupil’s behalf, including witnesses and to request a public hearing.

C. The Board of Education shall conduct the hearing in a session closed to the public unless the pupil or pupil’s parent or guadian requests, in writing, at least five calendar days prior to the date of the hearing, that the hearing be a public meeting. In either event, the Board may deliberate in closed session at the conclusion of the hearing, provided that the pupil, the parent or guardian, and their legal counsel shall be entitled to attend, but not participate in, such a closed session.

D. In lieu of conducting the hearing itself, the Board of Education may contract with an impartial and qualified hearing officer to conduct such hearing, or the Board may appoint an impartial administrative panel of three or more certificated employees of the district, none of whom shall be on the staff of the school in which the pupil is enrolled. Such hearing shall be completed within five school days of the date on which it commenced. The hearing officer or administrative panel shall render its decision within three school days following completion of the hearing. The decision shall be in the form of a recommendation to the Board of Education. If the recommendation is that the pupil is liable for monetary damages, the recommendation shall be supported by findings of fact based solely on the evidence submitted at the hearing. The Board of Education may accept the recommendation as its decision or, if it so chooses, may conduct a supplementary hearing on the matter and render its own decision.

E. Any hearing conducted under this policy shall be recorded by any appropriate means, including electronic recording, so long as a reasonably accurate written transcription of the proceedings can be made.

F. Technical rules of evidence shall not apply, but evidence may be admitted and given probative effect only if ti is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. A decision of the Board of Education finding liability for monetary damages must be supported by a preponderance of the evidence.

G. The Board of Education shall take final action on the matter in a public meeting. Written notice of a decision finding monetary liability shall be sent to the pupil or pupil’s parent or guardian and shall be accompanied by notice of the right to appeal such decision to the County Board of Education.