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Policy 225 - Criminal or Civil Action Against School District, School Board Member, Employee, or Student

I. Purpose

The purpose of this policy is to provide guidance as to the school district’s position, rights, and responsibilities when a civil or criminal action is pending against the school district, or a School Board member, school district employee, or student.

II. General Statement of Policy

A. The school district recognizes that, when civil or criminal actions are pending against a School Board member, school district employee, or student, the school district may be requested or required to take action.

B. In responding to such requests and/or requirements, the school district will take such measures as are appropriate to its primary mission of providing for the education of students in an environment that is safe for staff and students and is conducive to learning.

C. The school district acknowledges its statutory obligations with respect to providing assistance to School Board members and teachers who are sued in connection with performance of school district duties. Collective bargaining agreement and school district policies may also apply.

III. Statements when Litigation is Pending

The school district recognizes that when a civil or criminal action is commenced or pending, parties to the lawsuit have particular duties in reference to persons involved or named in the lawsuit, as well as insurance carrier(s). Therefore, School Board members or school district employees shall make or release statements in the situations only in consultation with legal counsel.

Legal References

  • Minn. Stat. Ch 13 (Minnesota Government Data Practices Act)
  • Minn. Stat. § 121A.40-121A.56 (Pupil Fair Dismissal Act)
  • Minn. Stat. § 123B.02. Subd.20 (Legal Counsel, Reimbursement)
  • Minn. Stat. § 123B.25(b) (Actions Against Teachers)
  • Minn. Stat. § 466.07, Subd. 1 (Indemnification)
  • 20 U.S.C. § 1232g (Family Educational Rights and Privacy Act)
  • 42 U.S.C. § 1983 (Civil Action for Deprivating Rights)
  • Minn. Op. Atty. Gen 169 (Mar. 7, 1963)
  • Minn. Op. Atty. Gen 169 (Nov. 3, 1943)
  • Dypress v. School Committee of Boston, 446 N.E. 2d 1099 (Mass. App. Ct. 1983)
  • Wood v. Strickland, 420 U.S. 308, 95 S.Ct. 992, 43 L.Ed.2d214 (1975)

Adoption and Amendment History

  • Adopted: January 10, 2005
  • Amended: January 14, 2008
  • Amended: November 13, 2017
  • Amended: March 14, 2022
  • Last Reviewed: March 14, 2022

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