5.0740.08 STUDENT CONSENT Issue Date: 4/10/97 Updated: 3/9/23
If the District does not have reasonable suspicion to search a student or his property, the District may search with the student’s free and voluntary consent. However, coercion, whether expressed or implied, invalidates the apparent consent. Jones v. Latexo, 499 F. Supp. 223 (E.D. Tex. 1980)
5.0740.09 ELECTRONIC CIGARETTE PRODUCTS Issue Date: 3/9/23
Students are prohibited from possessing or using electronic cigarette products while on School property and electronic cigarette products will be confiscated. School officials will properly store and arrange for disposal of any confiscated electronic cigarette product. Because electronic cigarette products are hazardous waste, school officials must turn over items to law enforcement for disposal or follow the proper disposal as outlined by the Utah Department of Environmental Quality. (Utah Admin Code R315-260 through 262)
5.0740.10 POLICE INVOLVEMENT Issue Date: 4/10/97 Updated: 3/9/23
Where school officials initiate a search and police involvement is minimal, the reasonableness standard is applicable. The ordinary warrant requirement and probable cause standard will apply where “outside” police officers initiate, or are predominantly involved in, a school search of a student or student property for police investigative purposes. Myers v. State, 839 N.E.2d 1154 (Ind. 2005) F.S.E. v. State, 993 P.2d 771 (Ok. Crim. App. 1999) In Re Josue T., 989 P.2d 431 (N.M. Ct. App. 1)
5.0750 STUDENTS RIGHTS AND RESPONSIBILITIES: STUDENT COMPLAINTS
5.0750.01 AGGRIEVED STUDENTS Issue Date: 4/10/97
A student aggrieved by the violation of a constitutional, statutory, or common law right, or by the violation of a rule or policy adopted by the District, shall be afforded a hearing before the District Board of Education in accordance with applicable law. However, this provision shall not be construed to create an independent right to a hearing before the Board in addition to hearings required by law.
5.0750.02 NOTICE
Issue Date: 4/10/97
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