SCHOOL DISTRICT NO. 8 (kOOTENAY lAKE)  

board policy


HISTORY:

Adopted
February 13/01

POLICY TITLE:

POLICE INVESTIGATIONS IN SCHOOLS

POLICY NO.

216

POLICY:

It is the policy of School District No. 8 (Kootenay Lake) to have its staff work in harmony with law enforcement officials and within the spirit of legislation pertaining to the Young Offenders Act.

The Board recognizes that school administrators may invite law enforcement personnel to the school to attend to matters related to school safety, policy, curriculum and lawful matters.

With the above statements in mind, school and District staff will be guided by the following regulations in responding to requests from law enforcement officials to conduct investigations/interviews while students are in attendance at school.

REGULATIONS:

1.   General

1.1  The following provisions apply to students seventeen (17) years of age or  younger.

1.2  Investigations of abuse or neglect shall follow regulations outlined in  Policy 207  (Child Abuse and Neglect).

1.3  Where it is appropriate, the school administrator or designate will make  every reasonable effort to notify the parent/guardian prior to an interview being conducted by a police officer.  However, when prior notice is not possible, subsequent to the interview, notification and information will be provided to the parent/guardian as soon as possible.

1.4  It is recommended that a staff member be in attendance at the interview,  unless the student chooses not to have someone present or a  parent/guardian is in attendance at the interview.

1.5  A school administrator or a school staff member who may be responsible  for implementing school disciplinary action against a student in regard to the matter under investigation, may choose not to attend the interview.

2. Interview conducted with a suspect or accused

2.1  The school administrator or designate may permit the interview of the student to be conducted at the school, where it is to the benefit of the  student, related to a school incident, or dictated by urgency.  It is understood that, where criminal charges are being contemplated, the interview will normally be conducted out of the school.

2.2 It is the police officer's responsibility to provide the student with his/her rights under the Young Offenders Act, the Charter of Rights or legislation.

2.3 If the interview is to be conducted at the school, the student has the right  to have present a parent/guardian, adult of choice, or no one.

2.4 When a staff member agrees, at the request of a student, to be the  "support person," the following guidelines must be followed:

2.4.1    The student has the right to consult with legal counsel.

2.4.2    The student does not have to give a statement to the police and if  he/she does, it may be used against the student.

2.4.3    The support person consulted may be called as a witness for or   against the student.

2.4.4    The support person is not to elicit information from the student.