4122 - Interfering Devices and Electronic Communication Devices
In some instances, the possession and use of electronic communication devices or other devices or objects by a student at a school may be appropriate. However, often the possession and use of such devices or objects by students at school can have the effect of distracting, disrupting and intimidating others in the school setting. These devices also may lead to opportunities for academic dishonesty and other disruptions of the educational process. The purpose of this policy is to vest in school administrators, authority to enforce reasonable rules relating to such objects or devices in the public schools.
1.An "interfering device" includes a device or object, which does not constitute a weapon or explosive, but may if used or engaged, interfere with the educational process for the student either possessing or using the object or for other students. By example, such objects include any electronic communication device (defined below), a camera, lasers, laser pens or pointers, radios, portable CD players, i-pods™, mp3 players or other electronic equipment or devices.
2.An "electronic communication device" includes telephones, camera telephones, two-way radios or video broadcasting devices, pagers, and any other device that allows a person to record and/or transmit, on either a real time or delayed basis, sound , video or still images, text, or other information.
3."Camera" includes any device for taking still or motion pictures, whether in a digital or other format.
Except as set forth below, a student may possess, but may not operate or engage, any interfering device during school hours or at school functions, unless specifically authorized in advance by the school personnel in charge of the class or activity.
Electronic Communication Devices and Cameras—
It is school district policy that students and others in the public schools should not be subject to video or audio capture, recording, or transmission of their words or images by any student at a school without express prior notice and explicit consent for the capture, recording, or transmission of such words or images. There are certain situations where the possession or use of electronic communication devices and cameras is absolutely prohibited within the public school.
In addition to those circumstances where possession or use of electronic communication devices and cameras is absolutely prohibited by this policy, school administrators and classroom teachers may prohibit the possession or use of such devices at specific times and in specific circumstances.
During any time when a student is scheduled to be in class or involved in a regular school activity, it is a violation of policy for the student to have in his or her possession an electronic communication device or camera which is in the "on" position and ready to receive, send, capture, or record any communication, visual image, sound, text message, or other information.
Electronic communication devices and cameras may not be possessed, activated, or utilized at any time in any school situation where a reasonable expectation of personal privacy exists. These locations and circumstances include but are not limited to locker rooms, shower rooms, restrooms and any other areas where students or others may change clothes or be in any stage or degree of disrobing or changing clothes.
The principal or director of the school is hereby given authority to make determinations as to other specific locations and situations where possession of electronic communication devices and cameras is absolutely prohibited.
At no time may any electronic communication device or camera be utilized by any student in a way, which might reasonably create in the mind of another person an impression of being threatened, humiliated, harassed, embarrassed, or intimidated.
- Confiscation of Device
For each observed violation of this policy, it shall be the duty of the schoolteacher or administrator observing the violation to immediately confiscate the interfering device. Furthermore, the school may take additional disciplinary action as described more generally in district policies. The confiscated device shall be forwarded to the principal's office together with the name of the person from whom the device was confiscated. The school office should arrange to notify the parent/guardian of the student from whom the device was confiscated and arrange for the parent or guardian to pick up that device at the school office.
Any use of an electronic communication device or camera to record sounds or images or otherwise capture material in an unauthorized setting or at an unauthorized time shall subject the user of the device to increased discipline based on the circumstances and whether the student has been involved in prior violations of this policy.
The use of any interfering device or any electronic communication device or camera to threaten, intimidate, or embarrass another or to capture and transmit test information or any other information in a manner constituting fraud, theft or academic dishonesty will result in an immediate suspension of not less than three (3) days nor more than ten (10) days.
The use of any interfering device in a manner which may be physically harmful to another person, such as shining a laser in the eyes of another student, will result in an immediate suspension of not less than three (3) days nor more than ten (10) days. When a student repeatedly engages in such behavior, the punishment may be increased as is appropriate.
Utah Code Ann. § 53A-3-402(15)
Utah Code Ann. § 53A-11-901 et seq.