3078 - Concealed Weapon on District Property

Article V.A.2. Prohibition of Dangerous Materials on District Property

A.            Authority and Purpose

1.     This policy is authorized by:      

a.     Utah Code 53A-3-402 (14) (a) which authorizes Boards to make and enforce rules necessary for the control and management of Districtschools; 

b.     Utah Code 53A-3-402 (17) which authorizes Boards to do all things necessary for the maintenance, prosperity, and success of the schools and the promotion of education; and

c.     Utah Code 76-10-505.5, which makes it a crime for any person to possess a dangerous weapon, firearm, or sawed-off shotgun on or about school premises.

2.     The purpose of this policy is to designate Piute County School District schools and property as zones free of dangerous materials. This policy establishes standards for the prohibition and authorization materials on District property or at District activities.

B.             Standards 

1.     Prohibition of Dangerous Materials

                        No district employee, no student, nor any other person, shall possess a firearm, weapon, explosive, flammable material, or other material dangerous to persons or property on or about school premises or other district buildings or property.

2.     Authorization of Dangerous Materials

                        a.         The building administrator is responsible for the authorization of dangerous materials under Subsections B.ii. and B.iii.

                        b.         Subsection B.1. does not apply:

                                    i.          to law enforcement officers;

                                    ii.         dangerous material used for authorized purposes in connection with a lawful activity; or

                                    iii.        when the item or material is present or to be used in connection with a lawful, approved activity and is in the                                                 possession or under the control of the person responsible for its possession or use (e.g. chemical in a chemistry class, knives in a family and consumer science class).

3.     Notification of Prohibition

                        Each building shall post notice of the policy on exterior doors.

4.     Enforcement

                        Violations of this policy will be referred to law enforcement agencies. In addition to law enforcement referrals, students and employees in violation of this policy will be subject to corrective action in accordance with District policies and memoranda.

5.     Concealed Weapons

                        State law contemplates the issuance of a “permit to carry a concealed firearm for lawful self defense: (Utah Code 53-5-704). The Board recognizes that the legislature has created a statutory exception to the Board’s prohibition regarding dangerous materials.

a.              Piute County School District does not allow permission for or otherwise condone any person’s decision to carry, use or threaten the use of a weapon. Any and all demands, liabilities, claims, damages, actions, or proceedings in law or equity, including attorney’s fees and costs of suit, relating to or arising out of a person’s decision to carry, use or threaten the use of a weapon will be the sole responsibility of the person without any recourse to or liability protection from or through the District. 

b.              District Employees

i.               With the exception of police officers, an employee’s decision to carry, use or threaten the use of a weapon is unequivocally outside of the scope of the employee’s employment. Any and all demands, liabilities, claims, damages, actions, or proceedings in law or equity, including attorney’s decision to carry, use or threaten the use of a weapon will be the sole responsibility of the employee without any recourse to or liability protection from or through the District.

ii.              State law defines a “concealed dangerous weapon” as one that is “covered, hidden or secreted in a manner that the public would not be aware of its presence and is readily accessible for immediate use” (Utah Code 76-10-501(2)(a). With the exception of police officers, employee who carry a concealed dangerous weapon may not use district property to cover, hide, or secret a dangerous weapon and it is irremediable, immediately terminable Improper Conduct to carry a concealed dangerous weapon anywhere other than readily accessible for immediate use.

iii.            An employee’s rights relating to freedom of speech does not include discussion regarding an employee’s carrying of a firearm or holding a permit to do so while the employee is acting in the employee’s official capacity or during school hours or activities when students are present. Such discussion constitutes Improper Conduct. The forgoing notwithstanding, an employee may respond in an appropriate and restrained manner to questions regarding whether or not the employee holds a permit.