HomeMy WebLinkAboutRes 19-04 WA Adopting an Interrogtions and Searches Policy WESTLAKE ACADEMY
RESOLUTION 19-04
A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES
ADOPTING AN INTERROGATION & SEARCH POLICY TO ENSURE COMPLIANCE
WITH FEDERAL AND STATE LAW.
WHEREAS, the State of Texas requires schools to comply with federal and state laws;
and,
WHEREAS, Westlake Academy is required to adhere to applicable law regarding
student interrogations and searches; and,
WHEREAS, Westlake Academy views balancing the safety and security of all students
with protecting the rights of students involved in interrogations and searches of paramount
importance; and,
WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best
interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake
Academy.
NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
WESTLAKE ACADEMY:
SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That, the Board of Trustees of Westlake Academy, hereby approves the
addition of a policy on student interrogation and searches in the Board Policy Manual, which is
attached to this resolution as Exhibit "A".
SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 19-04
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SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 6th DAY OF MAY 2019.
1 ti-
Laura Wheat, President
ATTEST:
APPROV S F
C�,UWEdimdr� -
Kel Edw ds, Board Secretary
7
Ja S. Bub r tanton Lowry,
School Attorney
Resolution 19-04
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Exhibit A
TOWN OF WESTLAKE
WESTLAKE ACADEMY
BOARD OF TRUSTEES POLICY
Policy No. 3.15:
Date Board Adopted: May 6, 2019
Date Board Amended:
Effective Date: May 6, 2019
Policy Category: Parent, Student and Faculty Relations and Expectations
Policy Name: Interrogations and Searches
Policy Goal: To set parameters for administrative investigations involving student
behavior and to establish the basic structure for conducting searches of students or
their property.
Policy Description: Students do not relinquish their constitutional rights upon entering
the Academy premises. However, the safety of Westlake Academy students is of
paramount importance, and students may be subject to lawful interrogation or searches
when necessary to protect the safety and security of the Westlake Academy community.
Interrogations: In the course of an investigation by Westlake Academy, a school
official may question a student regarding the student's own conduct or the conduct of
others without prior notice. In the context of a school discipline investigation, students
do not have a right against self-incrimination. The Academy investigator may choose to
interpret a student's lack of cooperation as evidence that supports a finding that
misconduct occurred if reasonable in light of other information available.
Searches: To promote safety and maintain order within the school, a school official
may conduct searches without a warrant and as permitted by law. Consent is not
required from a student or the student's parent or guardian for a school official to
conduct a lawful search of a student's person or property when there exists a
reasonable suspicion that the student possesses a prohibited weapon or other
substance/item prohibited by law or Academy policy and the scope of the search is
reasonable in light of the individualized suspicion. A lawful search of a student's
personal property may occur whether or not the student is present.
All spaces and areas of Academy-owned property, including any and all tangible items
owned by the Academy, are subject to search at any time by school officials, without
individualized reasonable suspicion. This expressly includes, but shall not be limited to,
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desks, lockers, or any other item or area assigned to any student for use. All desks,
lockers, technology devices, or other items or areas assigned to any student for use
remain the property of the Academy and remain under the jurisdiction of Academy
administrators at all times.
Students have full responsibility for the security of their vehicles parked on school
property. It is the student's responsibility to ensure that vehicles are locked and that the
keys are not given to others. Students shall not place, keep, or maintain any article or
material that is prohibited by Academy policy in vehicles parked on school property.
Vehicles parked on Academy property are under the jurisdiction of the Academy.
Academy officials may search vehicles parked on school property if there is a
reasonable suspicion to do so, with or without student consent. Students shall be
responsible for any prohibited items found in their vehicles parked on school property.
If a vehicle subject to search is locked, the student shall be asked to unlock the vehicle.
If the student refuses, the Academy shall contact the student's parents. The student
may be subject to a loss of parking privileges and/or other disciplinary consequences
consistent with the Academy's Code of Conduct for refusing to cooperate with an
Academy investigation.
If contraband of any kind is found, the possessing student shall be subject to
appropriate disciplinary action in accordance with the Student Code of Conduct and
may be referred to law enforcement if required by law.
The student's parent or guardian shall be notified if any prohibited articles or materials
are found in their child's possession, in their child's assigned space and/or in their
child's parked vehicle on Academy property as a result of a search conducted in
accordance with this policy.
To assist in maintaining a safe and secure campus, the Academy may use trained dogs
to alert Academy officials to the presence of illegal or prohibited items. Searches of
classrooms, common areas, or student belongings may be conducted by trained dogs
when students are not present. If a trained dog alerts on any item in a classroom,
locker, common area, or vehicle, it will constitute reasonable grounds to conduct a
search of the item by Academy officials.
Law enforcement may be contacted at the discretion of Westlake Academy staff when
appropriate to ensure the safety and security of all members of the Westlake Academy
community and Academy property.
Resolution 19-04
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