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Home > Legal Info and Policies
> Library Policies
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Statement of Policy & Text
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In order to preserve the peace and provide public access to Public Library facilities, the Library may suspend access to the library for persons who fail to follow the Library’s established behavior guidelines, which are detailed in the Customer Conduct Policy. The Library reserves the right at all times to immediately discharge a customer who is dangerous or in any way threatening library staff or other customers.
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Need for the Policy
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The Suspension Policy describes actions that will be taken when customers engage in conduct that is grounds for removal from, and denial of access to, the city libraries, the guidelines for suspension and the suspended customer’s right to a hearing.
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Requirements & Guidelines
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In order to be fair and equitable in the application of Library behavior rules and to provide a documented record of the enforcement of these rules, authorized Library staff members shall apply the following guidelines. Authorized library staff members are: Ranking staff members (defined as supervisors or staff members designated by a supervisor to act in that capacity), and Public Safety Officers.
1-DAY SUSPENSION:
Some behavior may be disruptive enough to ask a customer to leave for the day. A written report is NOT required for “remainder of the day” suspensions. In order to suspend a customer for a day,
- Library staff will explain to the customer that they are engaging in disruptive behavior. Library staff will tell the customer what the disruptive behavior is and the importance of abiding by the rules. The customer will be advised that further violations of the rules will not be tolerated and may result in their being asked to leave for the day.
- If the disruptive behavior continues after staff has admonished the customer, the customer may be asked to leave for the day. If the customer feels that the treatment is unfair, a supervisor or ranking staff member may be called to hear the objection. The supervisor’s or ranking staff member's decision will be final.
LONGER THAN 1-DAY SUSPENSIONS:
Some disruptive behaviors may require that the customer be suspended for longer periods of time.
- Longer than 1-day suspensions will be based on the severity of the behavior, or will be issued if a customer continues to be disruptive after receiving at least one 1-day suspension.
- Depending on the severity of the disruptive behavior, a customer may be suspended for a minimum of one week and a maximum of twenty-six weeks (6 months).
- If a decision is made to suspend a customer for more than the remainder of the day, staff must complete Part A of the “Notice of Library Suspension” document. A copy of the completed document (all three pages) must be made available to the customer. In the case of a minor (under the age of 18), the Library will attempt to notify the parent or guardian and provide the parent or guardian with a copy of the completed document.
- Any customer who is suspended for longer than one day is entitled to a hearing. To receive a hearing the customer must follow the directions on the “Notice of Library Suspension” and submit Part B of the "Notice of Library Suspension." In addition, the customer must return the forms to the suspending library within 5 working days. The Hearing Officer will hold a suspension hearing at the King Library. A parent or guardian must accompany a minor (under the age of 18) to the hearing. The Hearing Officer’s decision is final.
- The original suspension form shall be kept at the location where the suspension occurred. Copies of Parts A and B should be made, and forwarded to, the Division Manager in charge of the location where the suspension took place and the Library Public Safety Services Unit.
HEARINGS
Requesting a Hearing:
If the library customer would like a hearing, they must complete and return Part B of the “Notice of Library Suspension” form within 5 working days of the date of the date the notice of suspension was issued. Working days are defined as those days in which the library is open for business for any part of the day. The customer must return this form to the library that issued the suspension. The library must actually receive this within 5 working days; postmarks will not apply.
Hearing Date:
After the customer has returned Part B of the form, the library will send the customer a notice that will provide them with the hearing date, time and location. This notice will be mailed to the customer within five (5) days of the time the library receives the request for a hearing. If the customer does not have an address, they must return to the suspending library in five (5) days to pick up the notice of hearing date, time and place.
Hearing Procedure:
At the hearing, the customer will be provided the opportunity to present evidence or reasons why the suspension should be withdrawn. Suspensions will be withdrawn if the hearing officer determines by a preponderance of the evidence that the customer did not engage in the behavior listed on the “Notice of Library Suspension” form under “Reason for Suspension,” and that this suspension is unwarranted. A parent or guardian must accompany a minor (under the age of 18) to the hearing.
Hearing Determination:
At the conclusion of the hearing, the hearing officer will verbally tell the customer whether the suspension will be withdrawn. The hearing officer will tell the customer the factual reasons for his or her decision. Within five (5) days of the date of the hearing, the hearing officer will mail the customer a “Suspension Hearing Determination Letter” that will reiterate what the customer was told at the hearing. If the customer does not have a mailing address, they may return to the suspending library after five (5) days to pick up a copy of the hearing determination. The hearing determination will include findings of fact in support of the decision. The hearing officer’s decision is final.
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Applicable Personnel/Departments
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San José Public Library staff
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Approval(s)
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Reviewed and approved by:
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Signature/Name
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Date of Approval
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SJPL Assistant City Librarian
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Ned Himmel
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06/05/08
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Distribution
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http://www.sjlibrary.org/legal/policies.htm
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History & Dates
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Category of Policy & WBS#: Administration/ Operations,User Services
Author(s): Gayle Davis, Access Services Library Assistant
Authorized by: Ned Himmel
Date Written: June 4, 2008
Date Effective: June 11, 2008
Date(s) of Revision(s):
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References
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Notice of Hearing - Library Suspension
Notice of Library Suspension
Suspension Hearing Determination Letter
Customer Conduct Policy
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ID#: PL_362
Supersedes/amends: SJPL Procedure 6.13.3
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