Adopted: MSBA/MASA Model
Policy 211
Revised: Rev. 2022
211 CRIMINAL OR CIVIL ACTION AGAINST
I. PURPOSE
The purpose of
this policy is to provide guidance about the school district’s position,
rights, and responsibilities when a civil or criminal action is pending against
the school district, or a school board member, school district employee, or
student.
II. GENERAL STATEMENT OF POLICY
A. The school district recognizes that,
when civil or criminal actions are pending against a school board member,
school district employee, or student, the school district may be requested or
required to take action.
B. In responding to such requests and/or
requirements, the school district will take such measures as are appropriate to
its primary mission of providing for the education of students in an
environment that is safe for staff and students and is conducive to learning.
C. The school district acknowledges its
statutory obligations with respect to providing assistance to school board
members and teachers who are sued in connection with performance of school
district duties. Collective bargaining
agreements and school district policies may also apply.
III. CIVIL ACTIONS
A. Pursuant to Minnesota Statutes section
466.07, subd. 1, the school district shall defend and indemnify any school
board member or school district employee for damages in school-related litigation,
including punitive damages, claimed or levied against the school board member
or employee, provided that the school board member or employee was acting in the performance of the duties of
the position and was not guilty of malfeasance, willful neglect of duty, or bad
faith.
B. Pursuant to Minnesota Statutes Section 123B.25(b), with respect to teachers
employed by the school district, upon written request of the teacher involved,
the school district must provide legal counsel for any school teacher against
whom a claim is made or action is brought for recovery of damages in any tort
action involving physical injury to any person or property or for wrongful
death arising out of or in connection with the employment of the teacher with
the school district. The school district
will choose legal counsel after consultation with the teacher.
C. Data Practices
Educational data
and personnel data maintained by the school district may be sought as evidence
in a civil proceeding. The school
district will release the data only pursuant to the Minnesota Government Data
Practices Act, Minnesota Statutes chapter 13 and to the Family Educational
Rights and Privacy Act, 20 United States Code § 1232g, and related
regulations. When an employee is
subpoenaed and is expected to testify regarding educational data or personnel
data, to the employee will inform the building administrator or designated
supervisor, who shall immediately inform the superintendent or designee. No school board member or employee may release
data without consultation in advance with the school district official
designated as the responsible authority for the collection, use, and
dissemination of data.
D. Service of Subpoenas
School district officers
and employees will normally not be involved in providing service of process for
third parties in the school setting.
E. Leave to Testify
Leave for
employees appearing in court, either when sued or under subpoena to testify,
will be considered in accordance with school district personnel policies and
applicable collective bargaining agreements.
IV. CRIMINAL CHARGES OR CONDUCT
A. Employees
1. The school district expects that its
employees serve as positive role models for students. As role models for students, employees have a
duty to conduct themselves in an exemplary manner.
2. If the school district receives
information relating to activities of a criminal nature by an employee, the
school district will investigate and take appropriate disciplinary action,
which may include discharge, subject to school district policies, statutes, and
provisions of applicable collective bargaining agreements.
3. Pursuant to Minnesota Statutes section
123B.02, Subd. 20, if reimbursement for a criminal defense is requested by a
school district employee, the school board may, after consulting with its legal
counsel, reimburse the employee for any costs and reasonable attorney fees
incurred by the employee to defend criminal charges brought against the
employee arising out of the performance of duties for the school district. The decision whether to reimburse shall be
made in the school board’s discretion. A
school board member who is a witness or an alleged victim in the case may not
vote on the reimbursement. If a quorum
of the school board is disqualified from voting on the reimbursement, the
reimbursement must be approved by a judge of the district court.
B. Students
The school
district has an interest in maintaining a safe and healthful environment and in
preventing disruption of the educational process. To promote that interest, the school district
will take appropriate action regarding students convicted of crimes that relate
to the school environment.
C. Criminal Investigations
1. The policy of the school district is to
cooperate with law enforcement officials.
The school district will make all efforts, however, to encourage law
enforcement officials to question students and employees outside of school
hours and off school premises unless extenuating circumstances exist, the
matter being investigated is school-related, or as otherwise provided by law.
2. If questioning at school is
unavoidable, the school district will attempt to maintain confidentiality to
avoid embarrassment to students and employees and to avoid disruption of the
educational program. The school district
will attempt to notify parents of a student under age 18 that police will be
questioning their child. Normally, the
superintendent, principal, or other appropriate school official will be present
during the interview, except as otherwise required by law (Minnesota Statutes
section 260E.22 ), or as otherwise
determined in consultation with the parent or guardian.
D. Data Practices
The school
district will release to juvenile justice and law enforcement authorities
educational and personnel data only in accordance with Minnesota Statutes
chapter 13 (Minnesota Government Data Practices Act) and 20 United States Code
section. 1232g (FERPA).
V. STATEMENTS WHEN LITIGATION IS PENDING
The school
district recognizes that when a civil or criminal action is commenced or
pending, parties to the lawsuit have particular duties in reference to persons
involved or named in the lawsuit, as well as insurance carrier(s). Therefore, school board members or school
district employees shall make or release statements in that situation only in
consultation with legal counsel.
Legal References: Minn. Stat. Ch. 13 (
Minn. Stat. §
260E.22 (Interviews)
Minn. Stat. §
466.07, Subd. 1 (Indemnification)
20 U.S.C. § 1232g
(Family Educational Rights and Privacy Act)
42 U.S.C. § 1983
(Civil Action for Deprivation of Rights)
Minn. Op. Atty.
Gen. 169 (Mar. 7, 1963)
Minn. Op. Atty.
Gen. 169 (Nov. 3, 1943)
Dypress v. School
Committee of
Wood v. Strickland, 420 U.S.
308(1975)
Cross References: MSBA/MASA Model Policy 403 (Discipline,
Suspension, and Dismissal of
MSBA/MASA Model
Policy 406 (Public and Private Personnel Data)
MSBA/MASA Model
Policy 408 (Subpoena of a
MSBA/MASA Model
Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)
MSBA/MASA Model
Policy 506 (Student Discipline)
MSBA/MASA Model
Policy 515 (Protection and Privacy of Pupil Records)