Memo 17:

Strangers on Campus; The Problem of the Unauthorized Visitor

Many clients have complained of the exasperating problems caused by strangers who wander onto campus. Principals want to know “their options." They want to know how to close a campus, regulate traffic flow, and seek help from law enforcement.

This memorandum briefly addresses those problem areas, and suggests that administration have a plan for coping with sudden appearances of unauthorized visitors.

A. Before the Trouble Begins

The California Attorney General suggests that we divide this discussion into “before" and “after" segments.

An administrator may ask an outsider to leave. The Board must have authorized the posting of signs directing “outsiders” to report directly to the school office. (Education Code sections 627.2 and 627.6). Some care must be exercised, of course, in determining whether the person has a lawful purpose. Special care is needed if an orderly exercise of free speech is involved, especially where the demonstration is not disruptive, annoying, or inconvenient.

Suspended or expelled students may, of course, be summarily ejected from campus.

“Outsiders" who loiter on or near school sites may be subject to arrest, even if you have not previously warned them to leave. Call the police and ask that a Penal Code section 653(g) or 602(p) arrest be made. Police can also clear adjacent streets under Penal Code section 626.8.

B. Limited Exceptions for Certain “Outsiders" Like the Press and Elected Public Officials

The Legislature has granted a special privileged status to certain outsiders, principally the Press and elected public officials. Penal Code section 627.1 (copy attached) lists those outsiders who do not need to check in or otherwise seek your consent to be on campus.

The following persons are not “outsiders”:

    1. Students of the school (unless currently under suspension or expulsion).

    2. Parents or guardians of students of the school.

    3. Officers and employees of the school district.

    4. Public employees whose employment requires presence on school grounds, or any person who is on school grounds at the school's request.

    5. Representatives of school employee organizations who are engaged in activities related to the representation of school employees.

    6. Elected public officials.

    7. Persons who come within the provisions of California Evidence Code section 1070 - newspaper, television or radio publishers, editors, reporters or other persons connected with or employed by such agencies.

C. Dealing With the Press

Schools Legal Service recommends that our clients respond to the press in a timely and professional manner. Avoid “no comment" positions, unless there is a pending litigation matter. Failing to respond may cause unfavorable, one-sided stories to proceed to publication. If necessary, designate an appropriate spokesperson to respond to press inquiries.

    1. Assume that all information is "on the record.”

    2. Return calls immediately. Chances are the reporter is proceeding under a deadline.

    3. Do not take a “no comment" position. Provide the requested information or make the appropriate referral.

    4. If a story contains misquotes or factual inaccuracies, call the editor. Ask for a correction or a rebuttal/response opportunity.

We urge our clients to nevertheless ask the press and other campus visitors for proper identification. Responsible members of such groups will readily comply. Call law enforcement if you have trouble getting proper identification.

D. The Police

Law enforcement officials often find it necessary to make suspect or witness contacts at school. Generally, school officials are under no duty to assist with law enforcement matters. However, peace officers do have broad investigative and arrest powers which may be exercised on the school grounds.

Should a student be removed from campus by a peace officer? Education Code section 48906 provides that:

    “. . . the school official shall take immediate steps to notify the parent, guardian, or responsible relative of the minor regarding the release of the minor to the officer, and regarding the place to which the minor is reportedly being taken."
In such cases, a telephone call should immediately be placed to the parent or guardian, giving notice of the location where the child has been taken. School officials often find it necessary to inform irate parents that school officials have no authority to prevent removal by peace officers.

In some instances (child abuse victims), school officials do not give notice of release to parents. The peace officer is provided with the address and telephone number of the minor's parent and assumes the notification responsibility. The peace officer should affirmatively state whether or not he will assume notification responsibility. In the absence of such direction, school officials should notify parents.

See Attachment 1 “Release to Peace Officer” for use as documentation of release.

In interview situations, school officials must be aware of the “Child Interview Law," which is outlined in Penal Code section 11174.3. The child has the option of being interviewed in private or selecting any adult who is a member of the staff of the school, including any certificated or classified employee or volunteer aide, to be present at the interview. The purpose of the staff person’s presence is to lend support to the child and provide a degree of comfort. However, the staff member may not participate in the interview.

E. Parents

The trend in California courts favors granting separated or divorced parents joint legal and physical custody. (Civil Code section 4600.5.) Absent special provisions in court papers, school districts are not parties, and certainly not arbiters, of child custody disputes.

Disruptions on campus caused by either the custodial or non-custodial parent may be handled by a “stay away" order or referral to local law enforcement.

Divorced parents will frequently attempt to limit or foreclose each other's involvement with their student. Civil Code section 4600.5(l) provides as follows:

    “Notwithstanding any other provisions of law, access to records and information pertaining to a minor child including, but not limited to, medical, dental, and school records, shall not be denied to a parent because that parent is not the child's custodial parent."
Parents should be advised that absent a special court order served upon the district, the district will honor each parent's rights with respect to their children.

F. After the Trouble Begins

The advice on Penal Code section 653(g) is still applicable: Call the police.

The full spectrum of criminal laws is available when the situation escalates to weapons, assaults, vandalism, or theft. Schools Legal Service can also help obtain a civil harassment injunction barring trouble-makers in appropriate cases.

Persons who are reasonably believed to have willfully disrupted the orderly conduct of a school or college may have their consent to be on campus withdrawn pursuant to Penal Code section 626.4 (copy attached). (Attachment 2 is a draft letter for this purpose.) In addition, when a person's disruption of the orderly conduct of the district is repeated or serious, and where future disruption is likely, the district can seek issuance of an order prohibiting or restricting their access to the campus.

G. “Stay Away" Directives

Penal Code sections 626.6, 626.8, and 627.7 (copies attached) provide, in part, that specified persons (disruptive, disorderly, outsiders) may be ordered by the chief administrative officer of the school to “stay away" from campus.

    1. The "stay away" time period has been extended from 72 hours to seven days;

    2. The provisions of these sections shall not impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly; and

    3. When a person is directed to leave pursuant to these sections, the person directing him or her to leave shall inform the person that if he or she re-enters the place within seven days he or she will be guilty of a crime.

The notice to persons directed to stay away pursuant to sections 626.6, 626.8, and 627.7 is to be given at the time that the person is asked to leave the campus.

Attachment 3 is a draft record of notice for this purpose. If possible, obtain a signed acknowledgment of notice from the violator.

H. What Should the School Do Now, Before a Question Arises?

    1. Post your rules on each side of the school site. Say “No Trespassing" or “Access Restricted." Direct all visitors to the “Office" before going anywhere else.

    2. Instruct all staff that any stranger should be asked: “Who are you?" If the answer is unsatisfactory, the stranger should be directed to: "Go to the office or leave campus immediately." If the stranger does not comply, call the campus security officer or the police.

Of course, Schools Legal Service stands ready to assist with advice on any problem in this area. For your further reference, we append a summary of laws (Attachment 4) covering this general subject.

Attachment 1

[DISTRICT LETTERHEAD]

RELEASE TO PEACE OFFICER

Student, ______________________, was released to Officer ________________, of the ________________________ Department on ___________ 20__, at approximately _________________.

The release was at the officer’s direction and pursuant to the provisions of Education Code section 48906. Notification of the parent, guardian or responsible relative will be as follows:

1. School officials will notify the responsible party of the release and the place where the minor is being taken ____________________ (name of facility).

OR

2. At the direction of the peace officer, school officials will not notify the responsible party. The peace officer agrees to assume notification responsibilities.

Dated:

__________________________ ________________________ PEACE OFFICER SCHOOL OFFICIAL

Attachment 2

[DISTRICT LETTERHEAD]

[Date]

[Name and Address]

Re: Withdrawal of Consent

Dear _________________:

This letter is to [inform you/confirm] that I have, pursuant to Penal Code section 626.4, (copy attached) withdrawn consent for you to be on property of the [school/district]. This action is taken because there is reasonable cause to believe that you have wilfully disrupted the orderly operation of the [school/district], as indicated [below/on the attached report].

This withdrawal of consent will be effective for 14 days from [the date of this letter/the date on which consent was withdrawn], unless you are notified earlier by me that consent has been reinstated pursuant to subparagraph (c) of section 626.4 of the Penal Code. This subparagraph permits you to request a hearing on the issue of the withdrawal of consent.

You are reminded that if you enter [school/district] property while this withdrawal of consent is effective, you may be subject to criminal prosecution as specified in Penal Code section 626.4.

We ask your full cooperation in this matter.

Sincerely,

[Superintendent/Principal]

Attachment cc: [School Law Enforcement] Schools Legal Service

Attachment 3

[DISTRICT LETTERHEAD]

RECORD OF NOTICE PURSUANT TO PENAL CODE §§ 626.6, 626.8 and 627.7

[Date]

Today at approximately _________, I directed ___________________, to leave the __________________________ campus.

I personally advised _________________________ as follows:

“YOU ARE DIRECTED TO IMMEDIATELY LEAVE THE _______________ CAMPUS. YOU WILL NOT BE PERMITTED TO REENTER THE CAMPUS WITHIN SEVEN DAYS. IF YOU REENTER THE CAMPUS WITHIN SEVEN DAYS, YOU WILL BE GUILTY OF A CRIME. THIS DIRECTION IS PURSUANT TO CALIFORNIA PENAL CODE SECTIONS 626 AND 627.”

____________________________ ______________________________ Acknowledgment of Notice Chief Administrator Officer/Designee

Attachment 4

SUMMARY OF CRIMINAL STATUTES

Threats

Some degree of protection is available under Penal Code section 71.

Assaults

You may report (and must report in certain instances) to the Police Department or the Sheriff’s Department assaults committed on campus. (See Penal Code sections 240, 241, 241.2, 242, 243.2, 243.5, 243.6, 245 and 245.5.) Also, see mandatory reporting under Education Code section 44014 and the student expulsion laws at Education Code sections 48900, et seq. Riot and unlawful assembly are forbidden by Penal Code sections 407 and 409.

Trespassing

As noted above, a board cannot directly act to “close” a school campus to all outsiders. Penal Code section 627, et seq. permits the district to require the registration of outsiders if the district has posted signs as required by Penal Code section 627.6. Effective January 1, 1985, principals received greater power to eject outsiders. In addition, the basic trespassing laws may be of help with proper posting on the site.

Penal Code section 602, subdivision (p), allows law enforcement to arrest anyone loitering or sleeping on a school site outside of school hours. Penal Code section 653(g) allows the arrest of any loiterer who “lingers,” and also covers anyone who reenters within 72 hours after being asked to leave. Similar provisions cover adult schools in Penal Code section 647(b).

Riot and unlawful assembly are forbidden by Penal Code sections 407 and 409. Penal Code section 626.4 permits withdrawal of consent to remain on school grounds when a person is reasonably believed to have willfully disrupted the orderly operation of the school. Penal Code section 626.6 permits a district to direct persons off campus who are reasonably believed to have entered school grounds for the purpose of interfering with the peaceful operation of the school.

Vandalism

Various laws forbid vandalism. (Penal Code sections 594, et seq.) Arson or possession of materials used for arson is forbidden under Penal Code sections 451-455. A general catch-all “disturbing the peace” protection is contained in Penal Code sections 415 et seq.

Parent liability for civil damages is available through Education Code sections 48904, 48905 and Civil Code section 1714.1. Maximum parental liability pursuant to the Education Code is $10,000. The Civil Code contains a liability limit of $25,000. Rewards may be offered–and billed to the parents–under Government Code section 53069.5.

Here, the Legislature allows the district to adopt and post its own traffic rules, including parking, for areas entirely on school property. (Vehicle Code section 21113.)

Weapons on Campus

Campus security officers are well versed in dealing with a variety of weapons. Basically, no one except a true peace officer may possess any weapon on campus. (See Education Code sections 49330-49333 and Penal Code sections 626.9, 626.10, 653(k), 12001, 12020, 12025, 12220, 12303.2, and 12303.3.)

PENAL CODE

§ 626.4. Withdrawal of consent for person to remain on campus

(a) The chief administrative officer of a campus or other facility of a community college, a state university, the university, or a school, or an officer or employee designated by the chief administrative officer to maintain order on such campus or facility, may notify a person that consent to remain on the campus or other facility under the control of the chief administrative officer has been withdrawn whenever there is reasonable cause to believe that such person has willfully disrupted the orderly operation of such campus or facility.

(b) Whenever consent is withdrawn by any authorized officer or employee, other than the chief administrative officer, such officer or employee shall as soon as is reasonably possible submit a written report to the chief administrative officer. The report shall contain all of the following:

(1) The description of the person from whom consent was withdrawn, including, if available, the person's name, address, and phone number.

(2) A statement of the facts giving rise to the withdrawal of consent.

If the chief administrative officer or, in the chief administrative officer's absence, a person designated by him or her for this purpose, upon reviewing the report, finds that there was reasonable cause to believe that such person has willfully disrupted the orderly operation of the campus or facility, he or she may enter written confirmation upon the report of the action taken by the officer or employee. If the chief administrative officer or, in the chief administrative officer's absence, the person designated by him or her, does not confirm the action of the officer or employee within 24 hours after the time that consent was withdrawn, the action of the officer or employee shall be deemed void and of no force or effect, except that any arrest made during such period shall not for this reason be deemed not to have been made for probable cause.

(c) Consent shall be reinstated by the chief administrative officer whenever he or she has reason to believe that the presence of the person from whom consent was withdrawn will not constitute a substantial and material threat to the orderly operation of the campus or facility. In no case shall consent be withdrawn for longer than 14 days from the date upon which consent was initially withdrawn. The person from whom consent has been withdrawn may submit a written request for a hearing on the withdrawal within the two-week period. The written request shall state the address to which notice of hearing is to be sent. The chief administrative officer shall grant such a hearing not later than seven days from the date of receipt of the request and shall immediately mail a written notice of the time, place, and date of such hearing to such person.

(d) Any person who has been notified by the chief administrative officer of a campus or other facility of a community college, a state university, the university, or a school, or by an officer or employee designated by the chief administrative officer to maintain order on such campus or facility, that consent to remain on the campus or facility has been withdrawn pursuant to subdivision (a); who has not had such consent reinstated; and who willfully and knowingly enters or remains upon such campus or facility during the period for which consent has been withdrawn is guilty of a misdemeanor. This subdivision does not apply to any person who enters or remains on such campus or facility for the sole purpose of applying to the chief administrative officer for the reinstatement of consent or for the sole purpose of attending a hearing on the withdrawal.

(e) This section shall not affect the power of the duly constituted authorities of a community college, a state university, the university, or a school, to suspend, dismiss, or expel any student or employee at the college, state university, university, or school.

(f) Any person convicted under this section shall be punished as follows:

(1) Upon a first conviction, by a fine of not exceeding five hundred dollars ($500), by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

(2) If the defendant has been previously convicted once of a violation of any offense defined in this chapter or Section 415.5, by imprisonment in the county jail for a period of not less than 10 days or more than six months, or by both such imprisonment and a fine of not exceeding five hundred dollars ($500), and shall not be released on probation, parole, or



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