ALL EMPLOYEES
1. EMPLOYMENT
- Recruitment - 4010 A - 12/18/03 (Policy Number and Date of Last Revision)
- Selection - 4011 A - 09/12/00
- Appointment - 4012 A - 09/12/00
- Records - 4013 A - 09/12/00
- Employee Ethics - 4014 A - 09/15/10
- Substitute Personnel - 4020 A - 09/12/00
- Student Teachers - 4021 A - 09/21/05
- Tutoring - 4022 A - 09/12/00
- Summer School & Adult Education Teachers - 4023 A - 08/18/93
- Counseling - 4024 A - 09/12/00
- Faculty Meetings - 4030 A - 09/12/00
- Travel - 4040 A - 09/12/00
- Cell Phone Policy - 08/20/08
- Controlled Substance - 4050 A - 12/18/02
- Non-School Employment - 4060 A - 09/12/00
- Reporting Child Abuse - 4070 A - 09/12/00
- Employee Sexual Harassment - 4075 A - 09/12/00
- Immunity from Liability - 4080 A - 08/18/93
- Acceptance of Service of Process - 4090 A - 12/18/96
Every effort shall be made to secure effective employees by a recruitment program based upon alertness to good candidates, initiative that results in prompt action and good personnel practices in dealing with applicants. A personal interview will be required for all persons employed by the District.
It is the responsibility of the Superintendent of Schools and of persons delegated by him/her to determine the personnel needs of the district.
Nondiscrimination
The Grand County School District is an equal opportunity employer. The District shall not, because of an individual's race, color, sex, age, religion, national origin, or handicap:
- refuse to hire or to promote, discharge, demote, terminate, retaliate against or harass any otherwise qualified individual; or
- discriminate against an otherwise qualified individual with respect to compensation or in terms, privileges, or conditions of employment.
It shall be the duty of the Superintendent of Schools to see that persons nominated for employment shall meet all qualifications established by law and by the Board for the type of position for which nomination is made.
Efforts will be made continuously to provide the best conditions possible within the limits of the Board of Education's ability toward attracting and keeping personnel.
Title IX Coordinator
The District shall designate at least one employee whose responsibilities shall include coordination of the district's efforts to comply with Title IX of the Education Amendments of 1972, as amended, and its implementing regulations. The District shall notify all employees of the name, office address, and office telephone number of the employee(s) so designated.
Section 504 Coordinator
The District will designate at least one person to coordinate its efforts to comply with Section 504 of the Vocational Rehabilitation Act of 1973 and its implementing regulations.
The District will take appropriate continuing steps to notify applicants and employees that it does not discriminate on the basis of handicap in violation of Section 504 of the Vocational Rehabilitation Act of 1973 and its implementing regulations. The notification shall include identification of the designated coordinator.
Association
No person shall be denied employment in the district by reason of membership or non-membership in any labor organization, labor union or any other type of association.
Adopted: 8-18-93; Revised 12-18-02
Grand County School District, Moab, Utah
4011 A - PERSONNEL - SELECTION
The Board of Education employs all personnel upon the recommendation of the Superintendent. No person shall be employed unless the Superintendent recommends such person.
Licensed Personnel
In order to qualify for a teaching position in the schools, an applicant must have a bachelor's degree and must meet the licensing requirements established by the Utah State Office of Education. However, if a fully qualified person is not available, other applicants may be considered for employment provided they can be "authorized" by the Utah State Office of Education.
Applicants for a teaching position must obtain and fill out a standardized application form available in the Office of the Superintendent. The Superintendent or a member of his/her staff will interview applicants who are considered eligible for appointment.
Building principals shall retain the right to make grade placement or subject matter assignments. Extra duty assignments shall also be the responsibility and duty of the principal.
Classified Personnel
The Board shall upon the recommendation of the Superintendent classify all employees not requiring certification according to the provisions of the job assignment in effect at the time of employment.
HIRING OF VETERANS & VETERANS' SPOUSES
For purposes of this policy, a "disabled veteran" shall mean an individual who served duty in the armed forces and received an honorable release therefrom, and who has a presently existing service-connected disability or is receiving compensation, disability retirement benefits or a pension because of a public statute administered by the Federal Department of Veterans Affairs or military department.
For purposes of this policy, "preference eligibility" shall be granted to any individual who has served on active duty in the armed forces for at least 180 days and who has received an honorable discharge therefrom, any disabled veteran, the unmarried widow or widower of a veteran or a retired member of the armed forces who retired below the rank of Major or its equivalent.
For purposes of this policy, "veteran" means an individual who has served on active duty in the armed forces for at least 180 days and who has received an honorable discharge therefrom, or any person incurring an actual service related injury or disability even though that person has not completed 180 days of active service.
VETERAN'S PREFERENCE
When considering candidates for employment in the district, the District shall grant a veteran's preference to each preference eligible veteran or preference eligible spouse. The Personnel Office of the School District shall add to the score of a preference eligible person who receives a passing score on an examination, or any rating or ranking mechanism used in selecting individuals for employment in the District the following:
- five percent (5%) of the total possible score if the person is a veteran;
- ten percent (10%) of the total possible score if the person is a disabled Veteran or a purple heart recipient; or
- if the candidate is an eligible widow or widower, the same percentage increase that the qualifying veteran would have been entitled to.
Adopted: 08-18-93; Revised: 03-15-95; Revised: 09-12-00
Grand County School District, Moab, Utah
4012 A - PERSONNEL - APPOINTMENT
On appointment, the employee shall receive a statement giving his/her salary, assignment, and condition of employment. The employee shall return the signed statement to the Superintendent within 10 days unless an extension of time has been given. Appointment shall be conditioned upon the applicant's meeting the physical examination, and other requirements as established by the State and the Board.
Licensed Staff
It is the responsibility of the new teacher or the teacher whose license has expired to secure a legal license required for teaching in the State of Utah. If the employee does not attain or renew the license within six months of employment (or expiration of license) their contract may be voided. It is the responsibility of the employee to see that the District Office receives a copy of the license.
Classified Staff
The duties and responsibilities of all classified employees shall be defined in accordance with job descriptions adopted by the Board and published in a separate manual.
Adopted: 08-18-93; Revised: 07-20-94; Revised: 09-12-00
Grand County School District, Moab, Utah
4013 A - PERSONNEL - RECORDS
The records of each member of the staff shall be maintained in the District Office. Access thereto is granted upon the request of the employee. Original records may not be removed from the office, however, employees may copy all materials recorded in their personal file.
Information contained in personnel records may be furnished to other agencies upon the request of the individual staff member. The Superintendent will also furnish information contained in the file to requesting agencies, law enforcement and others, providing all legal requirements have been met and documentation has been provided to the Superintendent.
Any employee may request to examine his/her file at any time. Each file will contain a record of access listing the name, date and purpose of inspection. Positive material sent to the personnel office is filed in the employee's file. A three (3) year limit is placed on the retention of derogatory materials which have been placed in the employees permanent file. If the statements are of a non-criminal nature, and the employee has demonstrated through the evaluation process that good job performance has taken place, the negative statement(s) will be expunged from the file.
The Secretary to the Superintendent will maintain personnel records. Administrators, board members or secretaries needing to examine or work with personnel records must first obtain the approval of the Superintendent. Other agencies or individuals may not examine individual records or official documents without the approval of the employee except as provided by law.
A file shall be kept of the records of all resigned and retired and dismissed employees a minimum of seven years.
Personnel records shall be kept on all current employees and shall include the following:
- employment status;
- evaluations;
- changes of status;
- other related materials.
The Superintendent may require any prospective employee or volunteer or, where reasonable cause exists, a current employee to submit to a criminal background check at the Board's expense, and may require the person to provide fingerprint identification for that purpose.
The applicant, volunteer or employee shall be given written notification that a background check has been requested. The Superintendent or Board shall consider only those convictions that are job-related.
In addition to a background check, the Board or Superintendent may require any prospective or existing employee to submit to finger printing and have their fingerprints submitted for review against a criminal history record.
Adopted: 08-18-93; Revised: 09-12-00
Grand County School District, Moab, Utah
4014 A - PERSONNEL - EMPLOYEE ETHICS
Table of Contents
- Definitions
- References
- Purpose
- Policy
- Procedure
1. Definitions
- 1.1. "District" means Grand County School District.
- 1.2. "District employee" means licensed educators, support staff, school administrators, and all others employed or authorized as volunteers, directly or indirectly, by the school, the School Board or the school district.
- 1.3. "Procedural due process" means the process wherein a District employee is given oral or written notice of the charges against him or her, an explanation of the evidence obtained by the District, and an opportunity for a fair and meaningful hearing.
- 1.4. "Constituencies" means students, parents / guardians, District employees, members of community and state and federal agencies working with District employees, and community members.
- Utah Administrative Code R277-515-1 and 2
- Standards of Ethical Conduct for Utah Educators; Utah Education Association
- The Code of Ethics of the Education Professional; adopted by the NEA Representative Assembly, July 1975, and the Utah Education Association House of Delegates, March 1976; NEA 2010 Handbook (revised annually)
- The purpose of this policy is to promote the reputation of the education profession and to ensure the respect, confidence and safety of District employees, students, parents and other constituencies by providing employees required standards of ethical conduct. The individual conduct of a District employee reflects upon the practices, values and integrity of the education profession as a whole. The District employee shall familiarize himself/herself with the ethical standards set forth and is responsible for compliance with these standards. (R277-515-3B)
- 4.1. General Professional Code of Ethical Conduct
- District employees shall
- 4.1.1. interact respectfully and exemplify a positive role in public school relations.
- 4.1.2. dress professionally - neat, clean and modest.
- 4.1.3. endeavor to understand and respect cultural diversity and family traditions.
- 4.1.4. maintain confidentiality, refraining from disclosure of information while at work and outside
the work place about students, families, colleagues, and others obtained in the course of District service,
unless disclosure serves a compelling purpose required by law. - 4.1.5. refrain from use of District position to gain advantage, bully or act with retribution.
- 4.1.6. not knowingly make false and/or malicious statements against others.
- 4.1.7. decline acceptance of any gratuity, gift or favor that might impair or appear to
influence decisions or
actions while in the employment of the District. - 4.1.8. demonstrate integrity and fiscal responsibility with public monies entrusted to
his/her care and account
for funds via school or District accounting procedures and practices. - 4.1.9. not use institutional or professional privileges for personal or partisan advantage.
- 4.1.10. follow the District's Acceptable Use Policy governing technology.
- 4.2 Professional Code of Ethical Conduct With Students
- District employees shall
- 4.2.1. serve as a positive role model for students and, therefore, shall
- 4.2.1.1. use appropriate language with students, free of profanity, vulgarity or racial slurs.
- 4.2.1.2. not engage in physical, mental, emotional, or sexual abuse of students.
- 4.2.1.3. use caution in touching students.
- 4.2.1.4. respect family traditions and culture.
- 4.2.1.5. treat each student with dignity and fairness and seek to resolve problems including
discipline according
to law, school board policy and procedural due process.
- 4.2.2. make reasonable effort to protect the student from conditions harmful to his or her learning, and therefore shall
- 4.2.2.1. assist students to be honest and productive citizens.
- 4.2.2.2. not intentionally expose the student to embarrassment or disparagement.
- 4.2.2.3. not unreasonably restrain the student from independent action in the pursuit of learning.
- 4.2.2.4. not unreasonably or with bias deny the student access to varying points of view.
- 4.2.2.5. not deliberately suppress or distort subject matter relevant to the student's
progress.
- 4.2.3. not on the basis of race, color, creed, ethnicity, gender, sexual orientation, marital
status, disability, social
background and/or political or religious beliefs unfairly - 4.2.3.1. exclude any student from participation in any program.
- 4.2.3.2. grant any advantage to any student.
- 4.2.3.3. deny benefits to any student.
- 4.2.4. not use District position or professional relationships with students for private
advantage.
- 4.2.5. follow appropriate instructions and protocols when administering standardized
tests to students.
- 4.3 Professional Code of Ethical Conduct With Parents
- District employees shall communicate to parents and/or legal guardians information that should be revealed in the interest of the student.
- 5.1 Failure to abide by these standards may result in sanctions ranging from
- 5.1.1. a verbal or written warning;
- 5.1.2. a letter of reprimand or directive;
- 5.1.3 suspension with or without pay for up to 5 days;
- 5.1.4. suspension or revocation of license; and/or
- 5.1.5. termination.
- 5.2 If the offense is of a serious nature, a letter will be placed in the District employee's file.
Revised 09 – 12 – 00; Rewritten as 4014 A – PERSONNEL – EMPLOYEE ETHICS 09-15-10
4020 A - PERSONNEL - SUBSTITUTE PERSONNEL
A substitute employee shall be a qualified person who is employed for short periods of time in the absence of the regular employee.
The professional staff, under the direction of the Superintendent of Schools, will provide suitable programs for training, assigning, orienting and evaluating the work of substitute employees.
The Board will set rates of compensation for substitute employees.
Substitute employees will not participate in the health and welfare plans or other fringe benefits of the District.
Retired teachers may be employed as substitute teachers without jeopardizing their retirement salary.
Procedure
Individuals interested in employment as a substitute should register with the Substitute Coordinator/Caller. The Substitute Coordinator/Caller will conduct pre-employment interviews and the Superintendent will review background checks to determine the acceptability of the candidates.
A file on each substitute employee will be kept at the District Office. The building principal, or his/her designee, will notify the Substitute Coordinator/Caller of their substitute needs as soon as possible each day. Substitute assignments will be made by the Substitute Coordinator/Caller on a rotating basis whenever practical and possible.
Any employee requiring a substitute should contact the Substitute Coordinator/Caller, or other designated person, as soon as possible if they are unable to report to work, preferably between 6:00 a.m. and 7:30 a.m. on the day they will be absent, or if known, before 10:00 p.m. the night before the day of absence. Messages may be left by calling 259-5913.
The employee should then inform his/her principal as early as possible when he/she is ready to return to duty. Substitutes will be paid according to the current salary schedule.
Whenever possible, the Substitute Coordinator/Caller will hire a substitute who is qualified in the area he/she is to substitute (i.e., an English licensed substitute to teach English, a Social Studies licensed substitute to teach Social Studies, etc.)
Regular Professional Employees
In order to make it easier for a substitute teacher to adjust and operate in a classroom, all professional employees should:
- Keep a plan book completed for classes one week in advance.
- Keep seating charts up to date.
- Note for substitute any atypical or emergency information regarding any student that the substitute should know about.
The substitute teacher should never telephone the regular teacher at his/her home except in cases of extreme emergency, or upon request of the regular teacher.
Adopted: 08-18-93; Revised: 09-12-00
Grand County School District, Moab, Utah
4021 A - PERSONNEL - STUDENT TEACHERS
The District assumes the obligation to provide apprentice-teaching opportunities for student teachers from colleges and universities. Regular teachers who serve as master teachers for student teachers should receive some recognition in the form of tuition waivers or stipends.
A student teacher is defined as a teacher trainee, an observer, or an intern. The superintendent, principal, and teachers involved shall determine the number of trainees that shall be placed in the schools at any one time. Care shall be taken to see that no school or teacher is overburdened.
Responsibility of the School System
1. To assure that the cooperating teacher is qualified scholastically, educationally and personally.
2. To select the cooperating teachers from those who are genuinely interested and willing to cooperate with the program.
3. To reserve the right to interview and otherwise screen applicants for practice teaching opportunities and to control the duration of the assignments agreed upon.
4. The cooperating teacher is responsible for all areas of instruction, grades, and communication. The cooperating teacher is responsible for classroom instruction and management.
5. Except in rare emergencies to see that the student teacher is not used as a substitute teacher.
6. The building administrator or his/her designee, shall orient all student teachers on school expectations, including appropriate teacher/ student interaction and areas of concern, including professional ethics, sexual harassment, etc.
Responsibility of the College
We require the following from the college:
1. application for placement of a student teacher is required at least one month prior to the beginning date of training.
2. orientation of the cooperating teacher by the college.
3. proper supervision of student teacher by the college.
Responsibility of the Student Teacher
1. Agree to a local Background Check before starting their student teaching.
2. Maintain the same standards as the employed faculty.
3. Attend all professional meetings at the discretion of the cooperating teachers.
Adopted: 08-18-93; Revised: 09-12-00; Revised: 09-21-05
Grand County School District, Moab, Utah
4022 A - PERSONNEL - TUTORING
It is expected that every effort will be made by the principal and teacher to help the child with his/her difficulties at school before recommending that parents engage a tutor. The Board believes that by maintaining a high quality instructional staff and providing for a rich, varied curriculum, the need for individual tutoring is minimized.
Should, however, individual tutoring be recommended in exceptional cases, the Superintendent is directed to establish such rules as will protect both the school system and the teachers from charges of conflict of interest.
Consistent with Board policy, the following rules relating to tutoring have been established:
- where tuition is charged, public school buildings are not for use free of charge for private teaching by staff members.
- a teacher may not arrange to tutor any child enrolled in his/her class.
- teachers who accept outside tutoring engagements make their own arrangements with the parents for the fees to be assessed.
Grand County School District, Moab, Utah
4023 A - PERSONNEL - SUMMER SCHOOL & ADULT EDUCATION TEACHERS
The Board of Education may institute a summer school program or other programs, under the administration of the Superintendent of Schools that will meet the needs of the students for remedial work, extra credit and enrichment. The program is to be administered by a director.
However, the Board may, on the recommendation of the Superintendent, appoint a principal or principals in charge of the summer school program and personnel to assist him/her. The salary for these positions will be based on step and lane of the current contract.
Adopted: 8-18-93
Grand County School District, Moab, Utah
4024 A - PERSONNEL - COUNSELING
The purpose of in-school counseling is to help students overcome emotional and behavioral problems that interfere with the learning experience. The following guidelines are recommended for counselors and students.
Student Participation
- Student participation in counseling is voluntary. However, it may be strongly recommended by parents, school faculty or staff, in order to improve the students' school performance.
- Law does not protect student confidentiality in a school setting. However, some assurance of confidentiality is essential for a trusting and productive relationship between counselor and student. Counselors must be clear with students about the legal limits to confidentiality, while making every reasonable effort to respect and protect students' privacy.
- The counselor is obligated by law to report certain kinds of information to others, including Human Services, the student's family, or police.
- If the student (or someone reported by the student) is currently a victim of physical or sexual abuse, or neglect, this information must be reported to Human Services (Child Protection Team if the victim is a minor.)
- If the student (or someone reported by the student) is currently dangerous to self or others, the counselor has a duty to protect the students by contacting other mental health professionals, parents, or police. The counselor has a duty to warn intended victims of students who are dangerous to others.
- The counselor should discuss these legal requirements with students at the beginning of any counseling process.
- While school counselors may engage in private counseling practice, this must in no way interfere with their performance of school counseling duties.
- School counselors may not arrange to privately counsel any student currently enrolled in the school at which they are employed, or any current employee of that school. Counselors will use discretion in arranging to counsel other school district personnel.
- School counselors may not use public school buildings or facilities for private practice.
Adopted: 03-16-94; Revised: 09-12-00
Grand County School District, Moab, Utah
4030 A - PERSONNEL - FACULTY MEETINGS
Faculty meetings should be scheduled in the time frame of the normal workday. The principal should prepare an agenda of items to be discussed. When unusual circumstances exist, additional time should be provided to complete necessary business.
Adopted: 08-18-93; Revised: 09-12-00
Grand County School District, Moab, Utah
4040 A - PERSONNEL - TRAVEL
The District encourages the participation by employees in job related professional activities whose purposes support the improvement of the educational program of the school. Membership and participation in the regular activities of such are the responsibilities of those who elect to engage in them. The Board may support the employees' participation in the granting of leave, paying certain expenses, and providing transportation under circumstances described in this policy and within the limitations of budget provisions.
All requests involving leave or expenses require the approval of the Superintendent in advance. Approval will be made within the framework of the policy. The Board reserves the right to make exceptions as it deems to be appropriate when special events may occur. The Board may direct specified personnel to represent the District in a variety of activities not specifically outlined in this policy at its discretion. The limitations of this policy do not apply to specified administrative personnel assigned to represent the District under a variety of circumstances relating to the course of their employment and the performance of their responsibilities.
The District limits its support in the form of leave, expenses, or transportation, for professional participation, to those activities that relate directly to the programs of the school and to personnel representing the District. The District also limits employee participation to area of assignment unless it is to the District's advantage to lift such limitation.
Specific conditions are as follows:
- Authorization includes:
- transportation requests for activities in local areas within budget limitations, where leave is not required.
- non-local area meetings, transportation only:
- for professional activities outside the local areas, transportation may be furnished for one vehicle at the prevailing reimbursement rate, or by District car, if available, upon the request of the employee and the concurrence of the principal and the Superintendent.
- public transportation may be used if it can be done more cheaply than by other means.
- Subsistence, fees, and travel:
- subject to the imposition of budgetary controls, each departmental area of the school may request a representative to attend a state-wide or area wide conference with subsistence, travel, and fees allowed, not to exceed an amount approved by the Board of Education.
- the request must be ratified by the principal and recommended by the Superintendent, and must relate to the programs of the District.
- such leave requests will be evaluated on an individual basis and must receive the ratification of the principal and the recommendation of the Superintendent.
- the request must be ratified by the principal and recommended by the Superintendent, and must relate to the programs of the District.
- such leave requests will be evaluated on an individual basis and must receive the ratification of the principal and the recommendation of the Superintendent.
Grand County School District, Moab, Utah
4050 A - PERSONNEL - CONTROLLED SUBSTANCE
Smoking or the use of tobacco or other controlled substances on school property owned and operated by Grand County School District (this includes in all school vehicles, and at school-sponsored functions away from school property with students) is strictly prohibited.
The unlawful possession, use, or distribution of illicit drugs and alcohol on school premises or as a part of any of the school's activities is strictly prohibited.
- It is unlawful for employees of the Grand County School District to manufacture, distribute, possess or use a controlled substance on any school property.
- It is the policy of the Grand County School District to maintain a drug free workplace. Toward that end drug counseling rehabilitation and employee assistance programs will be made available, as well as penalties imposed upon employees for substance abuse violations occurring in the workplace.
- Employees will:
A. abide by the terms of this notification.
B. notify your supervisor/employer of any criminal drug statute convictions for a violation occurring in the workplace no later than five (5) days after such conviction.
- With respect to any employee who is so convicted one of the following actions will be taken within 30 days of receiving notification:
A. appropriate personnel action will be taken against such an employee, up to and including termination; or
B. Such employee will be required to participate satisfactorily in a substance abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.
- Employees are strongly encouraged to leave their tobacco products at home or in their vehicles, and not carry them into school district buildings. Clothing and other articles of attire worn at school or on school property may not display advertisements for, endorsements of, or implications of tobacco, tobacco companies, or tobacco use in any form. In the event any employee violates this policy, the following will occur:
A. First offense: the employee will be notified of the policy and asked to return home to change.
B. Second offense: the employee will receive a written warning to be placed in his/her file.
C. Subsequent violations: adverse employment action may be imposed by administration.
Adopted: 8-18-93; Revised: 1-17-96; Revised 10-18-00; Revised 12-18-02; Revised 05-21-03
GRAND COUNTY SCHOOL DISTRICT: Moab, Utah
4060 A - PERSONNEL - NON-SCHOOL EMPLOYMENT
The Board of Education does not look with favor upon non-school employment during the school year. There is, however, no Board ruling prohibiting such employment.
Soliciting & Selling
Employees may not purchase goods or equipment of any kind and then sell these goods to pupils, nor may the staff render any commercial service to the school system on a commission basis.
No employee will provide salesmen or others attempting to sell goods and services with a listing of District employees. Nor will any employee meetings be called during working hours which provide salesmen an opportunity to display, demonstrate or sell their product or services to staff members.
District buildings may be used to provide a meeting location for approved affiliate programs (e.g.,insurance representatives) at the beginning or closing of the regular school day.
Adopted: 08-18-93; Revised: 09-12-00
Grand County School District, Moab, Utah
4070 A - PERSONNEL - REPORTING OF CHILD ABUSE
Whenever any employee of the District has reason to believe that a child has been subjected to incest, molestation, sexual exploitation, sexual abuse, physical abuse, or neglect or who observes a child being subjected to conditions or circumstances which would reasonably result in sexual abuse, physical abuse, or neglect, such person shall immediately notify the site supervisor, who will in turn notify the nearest peace officer, law enforcement agency or office of the Division of Family Services within the Department of Social Services of the State of Utah (the "Division").
No employee shall undertake an independent investigation unless requested to cooperate with the Division in such an investigation. Any employee of the District who is requested by the Division to do so, shall cooperate with the Division or law enforcement agency authorized to investigate charges of child abuse and neglect.
Where the Division requests to interview children during school hours, all school employees shall cooperate and permit such investigations where such an interview is reasonably necessary to the investigation as determined by the Division within the sound and reasonable discretion of the Division. School employees cooperating with the Division in such an investigation do not have any obligation to contact the parents of the child being interviewed prior to allowing such interview.
It is not necessary for a school employee to be present during interviews conducted by the Division during school hours. The employees who are involved in such investigation shall transfer to the Division the responsibility for the child, for notification of parents and for related duties by providing written notice of relinquishment of responsibility to the Division or the relevant law enforcement agency involved.
The employee shall not disclose any information learned in connection with an investigation conducted by the Division, including requests by parents. The requirements of confidentiality provided in Utah Code Ann. 62A-4-513 must be followed. All communications regarding such confidential information shall be limited to those persons with whom the employees are required to cooperate, including solely the Division, law enforcement, or supervisory school officials who are directly involved in the matter, or who have "both the right and the need to receive the information."
Persons making reports or participating in an investigation of alleged child abuse or neglect in good faith are immune from any civil or criminal liability that otherwise might arise from such actions.
The identity of those reporting or investigating child abuse or neglect shall be maintained strictly confidential in such a manner as to insure the anonymity of the persons making the initial report and any others involved in a subsequent investigation.
Adopted: 08-18-93; Revised: 09-12-00
Grand County School District, Moab, Utah
4075 A - PERSONNEL - EMPLOYEE SEXUAL HARASSMENT
Sexual harassment is a form of sex discrimination which violates Section 703 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq. and 34-35-2 et seq. of the Utah Anti-discrimination Act.
It is the policy of the Grand County School District to maintain a learning and working environment that is free from sexual harassment. The Grand County School District prohibits any form of sexual harassment.
It shall be a violation of this policy for any employee of the Grand County School District to harass a student or any employee through conduct or communication of a sexual nature as defined by this policy.
The Grand County School District will act to investigate all complaints, either formal or informal, verbal or written, of sexual harassment and to discipline any student or employee who sexually harasses a student or employee of the Grand County School District.
SEXUAL HARASSMENT DEFINED
- Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
- submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment, or of obtaining an education; or
- submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individuals employment or education; or
- that conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individuals employment or education, or creating an intimidating, hostile or offensive employment or education environment.
- Sexual harassment may include but is not limited to:
- verbal harassment or abuse;
- subtle pressure for sexual activity;
- inappropriate patting or pinching;
- intentional brushing against a students or an employees body;
- demanding sexual favors accompanied by implied or overt threats concerning an individual's employment or educational status;
- demanding sexual favors accompanied by implied or overt promises of preferential treatment with regard to an individuals employment or education status; or
- any unwelcome sexually motivated touching.
Any person who believes he or she has been the victim of sexual harassment by an employee of the Grand County School District is first encouraged to confront the harasser and tell the harasser to stop the conduct because it is unwelcome. Complainants should document the incidents(s) of harassment, and any conversations they have with the harasser, noting such information as time, date, place, what was said or done, and other relevant circumstances surrounding the event(s).
If the complainants concerns are not resolved satisfactorily through discussion with the harasser, or if the complainant feels he or she cannot discuss the concerns with the harasser, or a third person with knowledge or belief of conduct which may constitute sexual harassment, the complainant should submit a written report of the alleged acts immediately to the Grand County School District Human Rights Officer as designated by this policy. The Grand County School District encourages the reporting party or complainant to use the report forms available from the principal of each building or available from the Grand County School District Office.
- District-Wide. The Grand County School Board hereby designates Sherrie Buckingham as the Grand County School District Human Rights Officer to receive reports or complaints of sexual harassment from any individual, employee or victim of sexual harassment and also from the building principals as outlined below. If the complaint involves the Human Rights Officer, the complaint shall be filed directly with the Superintendent. The Grand County School District shall conspicuously post the name of the Human Rights Officer, including a mailing address and telephone number.
- In Each School Building. The building principal is the person responsible for receiving oral or written reports of sexual harassment at the building level. Upon receipt of a report, the principal must notify the Human Rights Officer immediately prior to screening or investigating the report. A written report will be forwarded simultaneously to the Human Rights Officer. If the report was given verbally, the principal shall reduce it to written form within 24 hours and forward it to the Human Rights Officer. Failure to forward any sexual harassment report or complaint as provided herein will result in disciplinary action. If the complaint involves the building principal, the complaint shall be filed directly with the Human Rights Officer.
- Submission of a complaint or report of sexual harassment will not affect the individuals future employment, grades or work assignments.
- Use of formal reporting forms is not mandatory.
- Submission of a complaint or report of sexual harassment will not affect the individuals future employment, grades or work assignments.
- Use of formal reporting forms is not mandatory.
INVESTIGATION AND RECOMMENDATION
By authority of the Grand County School District, the Human Rights Officer, upon receipt of a report or complaint alleging sexual harassment, shall immediately authorize an investigation. This investigation may be conducted by Grand County School District officials or by a third party designated by the Grand County School District. The investigating party shall provide a written report of the status of the investigation within 10 working days to the Superintendent of Schools and the Human Rights Officer.
In determining whether alleged conduct constitutes sexual harassment, the investigating party should consider the surrounding circumstances, the nature of the sexual advances, relationships between the parties involved and the context in which the alleged incidents occurred. The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator.
In addition, the Grand County School District may take immediate steps, at its discretion, to protect the complainant, students and employees pending completion of an investigation of alleged sexual harassment.
The Human Rights Officer shall make a report to the Superintendent upon completion of the investigation.
SCHOOL DISTRICT ACTION
- Upon receipt of a recommendation that the complaint is valid, the Grand County School District will take such action as appropriate based on the results of the investigation.
- The Grand County School District will report the result of the investigation of each complaint filed under these procedures in writing to the complainant. The report will document any disciplinary action taken as a result of the complaint.
The Grand County School District will discipline any individual who retaliates against any person who reports alleged sexual harassment or who retaliates against any person who testifies, assists or participates in an investigation, proceeding or hearing relating to a sexual harassment complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.
NON-HARASSMENT
The Grand County School District recognizes that not every advance or consent of a sexual nature constitutes harassment. Whether a particular action or incident is a personal, social relationship without a discriminatory employment effect requires a determination based on all the facts and surrounding circumstances. False accusations of sexual harassment can have a serious detrimental effect on innocent parties.
RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES
These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the Utah Anti-discrimination Division, initiating civil action or seeking redress under state criminal statutes and/or federal law.
SEXUAL HARASSMENT AS SEXUAL ABUSE
Under certain circumstances, sexual harassment may constitute sexual abuse and require reporting to appropriate authorities. In such cases, the provisions of Policy 4070 A governing reporting of abuse should be followed.
DISCIPLINE
Any school district action taken pursuant to this policy will be consistent with requirements of applicable Utah statues and Grand County School District policies. The Grand County School District will take such disciplinary action it deems necessary and appropriate, including warning, suspension or immediate termination to end sexual harassment and prevent its recurrence.
NOTICE
Notice of this policy shall be communicated to all employees and students.
STATEMENT OF UNDERSTANDING
All employees will be required to read this policy and sign the statement below:
Date:
Adopted: 05-24-99; Revised: 09-12-00
Grand County School District, Moab, Utah
GRAND COUNTY SCHOOL DISTRICT
REPORT OF SEXUAL HARASSMENT (Format)
This form is affected by the Privacy Act of 1974 and shall be maintained confidential by the Grand County School District.
Name: Home Phone #:
Street Address:
Employment Position at School:
School:
Please state the particulars (if additional space is needed, attach extra sheets):
Person(s) Involved:
Description of date(s), place(s) and nature of sexual harassment:
Witnesses (if any):
Signature of Person Filing Complaint:
4080 A - PERSONNEL - IMMUNITY FROM LIABILITY
Volunteers who are properly recognized by the School District and who are performing an assigned service are immune from suit for any injury or damage resulting from the performance of their assigned task.
Adopted: 8-18-93
Grand County School District, Moab, Utah
4090 A - PERSONNEL - ACCEPTANCE OF SERVICE OF PROCESS
Any legal document provided to or served upon any employee of the School District that may involve the District in any legal proceeding, deposition, hearing or trial shall also immediately be forwarded by the recipient to the Superintendent of Schools, who shall forward an original to the School District's legal counsel.
Adopted: 12-18-96
Grand County School District, Moab, Utah