An Administrator's Guide to California Private School Law

Chapter 16 – Off Campus Activities

parent pledged to abide by the student handbook and was aware of its provisions. Moreover, the Court stated that the School’s handbook and policy manual granted the headmaster the authority to expel students for off-campus conduct of the nature described.

The right of a private school to take disciplinary action against a student is strongest when the conduct occurs on school grounds or at a school sponsored event, and is a clear violation of the disciplinary policies or code of conduct. However there are many instances where off campus conduct has an impact on the school or the students, faculty, or staff of the school. In those instances the right to regulate off campus conduct is best supported when there is a clear violation of the disciplinary policies or code of conduct and the off campus conduct negatively impacts the school and/or its community in some way. Religious schools and schools where strict adherence to particular morals or values are fundamental to the school’s program will have an increased ability to discipline for off campus conduct that violates specified norms or values.

C HAPTER 16 – O FF C AMPUS A CTIVITIES

Section 1 I NTRODUCTION Learning is not confined to the classroom. Increasingly schools – and parents – expect children to participate in a variety of off-campus activities such as day trips, overnight excursions, travel to historic sights, and even journeys abroad. Schools must take precautions to ensure student safety and to protect themselves from potential liability. Unlike public schools in California, which enjoy statutory protection and immunity for accidents that occur on field trips or excursions, 2162 private schools do not have the same legal protections. This section will provide an overview of the major issues schools should consider when preparing for off-campus activities. LCW Practice Advisor This section does not cover potential wage and hour claims that may be brought by non-exempt employees who perform services during off-campus activities. Please see the Wage and Hour Chapter for a discussion of those issues.

Section 2 W AIVERS A ND W AIVER P ROVISIONS

A. W HAT I S A W AIVER ? A waiver is an agreement to release one party from liability that results from future conduct. In California, the definition of a waiver is the intentional abandonment or relinquishment of a

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 532