- Union County Public Schools
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Union County Public Schools
3-1 Staff Responsibilities
Revisions History: Reviewed by GC 12/09/2020, Reviewed by GC 02/18/2020, 11/08/2018, 04/03/2012, 02/21/2006, 10/30/1997 Approved 03/23/1993, 12/21/1992
All school employees shall:
1. be familiar with, support, comply with and, when appropriate, enforce Board policies, administrative procedures, school rules and applicable laws;
2. attend to the safety and welfare of students, including the need to provide appropriate supervision of students;
3. demonstrate integrity, respect and commitment to the truth through attitudes, behaviors and communications with others;
4. address or appropriately direct any complaints concerning school employees, the school program or school operations; and
5. support and encourage good school-community relations in all interactions with students, parents and members of the community.
LEGAL REF.: N.C.G.S.115C-47, -307, -308
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 10/30/97
REVISED: 2/21/06
REVISED: 4/3/12
REVISED: 11/8/18
REVIEWED BY GENERAL COUNSEL: 2/18/20
REVIEWED BY GENERAL COUNSEL: 12/9/20
Policy References
NCGS 115C-47, -307, -308
3-2 a Employee Code Of Ethics And Standards Of Conduct
Revisions History: 09/07/21, 06/01/2021, Reviewed by GC 04/15/2020, 01/05/2016, 03/01/2011, 05/11/2010, 03/18/2008, 06/20/2006, 08/04/1998 Approved 03/23/1993
The Board believes employees are role models in the community and their personal and professional conduct is under constant scrutiny. Employee demeanor expresses both the person’s integrity and/or reputation as well as that of the school system. Employees shall perform their jobs in a professional, competent, lawful and ethical manner. Expected standards include, but are not limited to:
• Agreeing that the welfare of children is the first concern of the school system.
• Complying with all school board policies and administrative guidelines, State Board of Education and Department of Public Instruction policies, rules, procedures and regulations, and federal, state and local statutes, regulations and ordinances governing public school employees.
• Understanding that appointments to positions and promotions are required to be based solely on merit. The use of pressure on school officials for appointment or promotion is unethical.
• Maintaining just, courteous, and professional relationships with students, parents, staff members and others.
• Reporting situations of which the employee is aware involving inappropriate conduct of staff with students, parents, staff members and others and complying with all district investigations.
• Utilizing efficiency in techniques and keeping abreast of the latest developments in their fields of work.
• Transacting of all official business with the properly designated authorities of the school system.
• Restraining from school usage of connections and privileges as a public forum or in connection with school instruction or other school activities to promote partisan politics, sectarian religious views, or propaganda of any kind.
• Using constructive criticism made directly to the particular school employee with the administrative authority to improve the situation, and then to the Superintendent, if necessary.
• Properly using and protecting of all school property, equipment, staff time and materials.
• Maintaining strict professional confidentiality in all school related matters.
• Demonstrating conduct which exemplifies high ethical and moral standards and which sets a good example for others.
• Soliciting or accepting any gifts, favor, reward, service or promise of reward, including a promise of future employment, in exchange for recommending, influencing or attempting to influence the award of a contract is expressly prohibited.
The absence of law, policy or regulation covering a particular situation does not relieve an employee from the responsibility to exercise the highest ethical standards at all times. Employees should avoid conduct, actions, and appearances unbecoming to an education professional, or which bring disrepute on the schools.
The Board believes that the appearance and the conduct of its employees are important. All personnel will dress in good taste, appropriately attired for the work to be done. A well-groomed professional is a positive influence on everyone.
PERSONNEL-POLITICAL ACTIVITIES
The Board recognizes the right of employees to participate in political affairs. Employment or volunteer service with the district does not preclude an individual from participating in political activities, such as registering, voting, being active members of a political party, campaigning for candidates, seeking, campaigning for, and serving in public office, attending political events, and contributing funds to partisan groups or candidates. When engaged in such activities, it should be clear that the employee is acting as an individual and in no manner represents the views of the district. These political activities must not: (1) take place during work hours or on any Board property; (2) involve district funds or materials; or (3) make use of an official school position to encourage or to coerce students, employees, or others to support or oppose a political party, candidate or issue.
A teacher, upon request to the Superintendent and Board, may be granted a leave of absence without pay for the purpose of serving in any elective office, other than the Board of Education.
Employees shall not involve students in partisan political activities on school time, campaign on school time, or use school equipment or supplies while participating in partisan political affairs. The position of any personnel will not be in jeopardy due to his/her political activity as long as he/she adheres to the terms of this policy.
This policy should not be construed as prohibiting the impartial study and discussion of political or other controversial issues in the classroom setting. However, employees must be mindful of their responsibility to deliver the curriculum of the school system and may not present their personal political views to students in the classroom or when otherwise engaged in the instruction of students. Teachers will always present political and civic issues without personal bias and with reasonable effort to present all sides of issues.
UCPS employees shall promote the following concepts:
• The United States of America is comprised of persons whom are created equally.
• One race or sex is not inherently superior to another race or sex.
• An individual, solely by virtue of his or her race or sex, is not inherently racist, sexist, or oppressive, whether consciously or unconsciously.
• An individual shall not be discriminated against or receive adverse treatment solely or partly because of his or her race or sex.
• An individual's moral character is not determined by his or her race or sex.
• No individual, solely by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.
• No individual, solely by virtue of his or her race or sex, should feel discomfort, guilt, anguish, or any other form of psychological distress.
• That the belief that the United States is a meritocracy is not an inherently racist or sexist belief, or that the United States was not created by members of a particular race or sex for the purpose of oppressing members of another race or sex.
For the purposes of this policy, "promote" shall mean any of the following:
1. Compelling students, teachers, administrators, or other school employees to affirm or profess belief in the concepts described in subsection of this policy.
2. Including concepts described in the section above in curricula, reading lists, seminars, workshops, trainings, or other educational or professional settings in a manner that could reasonably give rise to the appearance of official sponsorship, approval, or endorsement.
3. Contracting with, hiring, or otherwise engaging speakers, consultants, diversity trainers, and other persons for the purpose of advocating concepts described in the above section.
PARTICIPATION IN COMMUNITY ACTIVITIES
The Board encourages participation in community activities by school personnel to fulfill civic responsibilities, to increase general public awareness of the school system and to promote a progressive community spirit. The Board shall limit or discourage participation in community activities only if such participation could cause interference with the activities of the school system or substantial interference with the employee’s ability to function effectively.
Staff members are reminded that they may be viewed by the community as representatives of the school system. However, staff members will not claim to be official school system representatives unless they have been so designated by the Superintendent or the Board.
PROFESSIONAL ORGANIZATIONS
The Board encourages membership in professional organizations for improved knowledge of subject(s) and teaching techniques, growth in professional and ethical understanding, and improvement of the teaching profession. However, membership in professional organizations is matter of personal choice and shall not adversely affect employment status.
TUTORING FOR PAY
Principals and teachers will make every reasonable effort to assist students experiencing difficulties at school before recommending that parents engage a tutor.
Should individual tutoring be recommended, the Superintendent is directed to establish and disseminate to all personnel such rules as will protect both the school system and the teachers from charges of conflict of interest. Except for tutoring through a UCPS approved program, no employee may receive financial compensation for tutoring a student for whom the employee has instructional, administrative, or supervisory responsibility. When a teacher tutors a student for whom he/she does not have teaching, administrative, or supervisory responsibility, a fee may be charged for the tutoring sessions. Tutoring sessions for which a fee is charged should take place off campus and after regular teacher work hours. Permission for tutoring sessions to be held on a school campus for which a fee is charged is at the discretion of the principal.
LEGAL REF.: U.S. Const., Amendment I; 5 USC § 1501 et seq.; N.C.G.S. §§ 115C-36, -46.1, -47(18), -274, -276, -278, -288, -307, -325, -527 and § 163-99, and 16 NCAC 6C.0602, 16 NCAC 6C. 0306; Boring v. Buncombe County Bd. of Educ., 136 F.3d 364 (4th Cir. 1998); Lee v. York County Sch. Div., 484 F.3d 687 (4th Cir. 2007)
CROSS REF.: 2-8 Annual Independent Audit
3-1 Staff Responsibilities
3-3 Recruitment and Selection of Personnel
3-6 Staff-Student Relations
3-7 Prohibition against Racism, Unlawful Discrimination, Harassment, and Bullying (Employees)
3-8 Job Descriptions
3-9 Personnel File
3-10 Grievance Procedure for Employees
3-12 Use of Employee Mailboxes and Bulletin Boards
3-20 Growth and Improvement Plans for Licensed Employees
3-21 Reduction in Force
3-31 Criminal Arrests and Convictions
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 8/4/98
REVISED: 6/20/06
REVISED: 3/18/08
REVISED: 5/11/10
REVISED: 3/1/11
REVISED: 1/5/16
REVIEWED BY GENERAL COUNSEL: 4/15/20
REVISED: 6/1/21
REVISED: 9/7/21
Policy References
LEGAL REF.: U.S. Const., Amendment I; 5 USC § 1501 et seq.; N.C.G.S. §§ 115C-36, -46.1, -47(18), -274, -276, -278, -288, -307, -325, -527 and § 163-99, and 16 NCAC 6C.0602, 16 NCAC 6C. 0306; Boring v. Buncombe County Bd. of Educ., 136 F.3d 364 (4th Cir. 1998); Lee v. York County Sch. Div., 484 F.3d 687 (4th Cir. 2007)
CROSS REF.: 2-8 Annual Independent Audit
3-1 Staff Responsibilities
3-3 Recruitment and Selection of Personnel
3-6 Staff-Student Relations
3-7 Prohibition against Racism, Unlawful Discrimination, Harassment, and Bullying (Employees)
3-8 Job Descriptions
3-9 Personnel File
3-10 Grievance Procedure for Employees
3-12 Use of Employee Mailboxes and Bulletin Boards
3-20 Growth and Improvement Plans for Licensed Employees
3-21 Reduction in Force
3-31 Criminal Arrests and Convictions
3-2 b Certified Employees: Contracts, Dismissal and Nonrenewal, and Resignation
Revisions History: 07/07/2020, Revised 01/09/2020, Approved 03/06/2018
The Board recognizes that an effective staff is critical to the smooth operations of the school system and to creating a learning environment in which students can succeed. The Board further believes that students will not excel in performance unless those who most directly affect students, including school administrators, teachers and other licensed professionals, excel in their performance.
A. CONTRACTS
The Board recognizes the importance of establishing a clear contractual relationship with teachers employed by the school system. All teacher employment contracts entered into by the Board will meet the requirements of state law and State Board of Education policy. Nothing in this policy is intended to grant or confer any employment rights beyond those existing in law.
For the purposes of this policy, the term “teacher” is defined as a person who meets the requirements of G.S. 115C-325.1(6). An individual who is employed under a part-time teacher contract does not meet this definition of teacher; however, the Board’s performance expectations established in this policy apply to such individuals.
1. TEACHER PERFORMANCE EXPECTATIONS
Teachers are responsible for facilitating student learning in a safe and orderly environment in which students become college and career ready. Teachers must be familiar with the current statewide instructional standards for their teaching assignment and able to teach the curriculum effectively. The Board expects teachers to meet all performance standards established by the Board, state law, and State Board of Education policy, and pursue professional development. Employment contracts for teaching will be granted or renewed only for individuals of proven ability who strive for excellence.
2. SUPERINTENDENT’S RECOMMENDATION
The Board will employ teachers upon the recommendation of the Superintendent. The Superintendent is expected to be able to substantiate with supporting information any recommendation for a new or renewed contract for an applicant or current teacher. The Superintendent’s recommendation for a new or renewed contract must include the length of the term of the contract, which must be consistent with state law and Board requirements as described in Section C, below. The Board will follow a recommendation of the Superintendent regarding the length of the contract that is consistent with law and this policy unless specific circumstances justify offering the teacher a contract of a different term. In considering the Superintendent’s recommendation, the Board may review any information that was in the teacher’s personnel file at the time of the Superintendent’s recommendation.
3. DETERMINATION OF CONTRACT LENGTH
This section applies when the Superintendent has decided to recommend that the Board offer a teacher a new or renewed contract. For information regarding a decision by the Superintendent not to recommend that the Board offer a teacher a renewed contract, see Section B, below.
For purposes of determining a teacher’s years of employment by the Board in this section, a year is at least 120 workdays performed as a teacher in a full-time permanent position. If a teacher in a full-time permanent position did not work for at least 120 workdays as a teacher in a year for any reason, including because the teacher was on approved or legally entitled leave, that year will not be deemed to constitute a year of employment for the teacher unless required by law. Furthermore, a year in which a teacher in a full-time permanent position did not work for at least 120 workdays as a teacher because the teacher was on approved or legally entitled leave will not be considered a break in the continuity of employment for the teacher. A suspension will not constitute approved or legally entitled leave for purposes of this policy.
A new or renewed contract will be for a term of one (1) school year for teachers who have been employed by the Board as a teacher for less than three consecutive years. For teachers who have been employed by the Board as a teacher for three consecutive years or more, a new or renewed contract will be for a term of two (2) school years, unless the Superintendent or Board determines that a shorter contract is justified on the basis of criteria established by the Board or by the Superintendent and approved in advance by the Board. In no case, however, may a teacher be recommended for a contract with a term longer than one school year unless the teacher has received a rating of at least “proficient” on all standards on the two most recent annual evaluations preceding the contract offer, in not currently on a growth or action plan, has no district level disciplinary actions (including but not limited to: letters of reprimand, disciplinary suspensions and suspensions without pay), there is no other relevant performance information in the personnel file that would disqualify the teacher from a multi-year contract; and the principal has recommended the teacher for a multi-year contract based on a review of his/her overall performance.
If the Superintendent determines that the teacher is not in good standing and does not recommend a two-year contract, the Superintendent may recommend that the Board offer the teacher a one-year contract or may recommend that the teacher’s contract not be renewed. The Board will not approve any teacher contract for a term longer than two years.
B. DISMISSAL AND NONRENEWAL
The Board recognizes that an effective staff is critical to the smooth operations of the school district and to creating a learning environment where students can succeed. When an employee is unable or unwilling to meet performance expectations, the supervisor and Superintendent should consider whether dismissal or demotion is appropriate.
Evaluators of career employees1are expected to follow Board policies on evaluation (and personnel files). Evaluators of career or probationary employees should provide the Superintendent with carefully documented evidence concerning a person's inadequacies and lack of competencies when such inadequacies or lack of competencies has led to the recommendation and contemplation of dismissal or demotion. These documents also should show ways in which the evaluator has endeavored to help the employee become a more effective professional. In the interest of students and the welfare of the school district, dismissal or demotion may be pursued regardless of whether the evaluator has met these expectations, so long as the legal grounds for seeking dismissal or demotion can be sufficiently demonstrated.
This policy is not intended to limit the Superintendent’s discretion to recommend dismissal, demotion, or nonrenewal of any teacher in accordance with law and Board policy. Any employee who does not meet the performance or other standards of the Board, the standards of state law or the State Board of Education, or the terms of the employment contract may be subject to demotion or dismissal. All legally required procedures, including those prescribed in the applicable state law, will be followed in the dismissal or demotion of employees.
1. CAREER STATUS TEACHERS, NON-CAREER STATUS TEACHERS DURING THE TERMS OF THEIR CONTRACTS, AND SCHOOL ADMINISTRATORS DURING THE TERMS OF THEIR CONTRACTS: Career status teachers, non-career status teachers during the terms of their contracts, and school administrators during the terms of their contracts may be dismissed only for the following reasons:
a. inadequate performance, as defined by the applicable state statute;
b. immorality;
c. insubordination;
d. neglect of duty;
e. physical or mental incapacity;
f. habitual or excessive use of alcohol or non-medical use of a controlled substance as defined in Article 5, Chapter 90 of the General Statutes;
g. conviction of a felony or a crime involving moral turpitude;
h. advocating the overthrow of the government of the United States or of the state of North Carolina by force, violence, or other unlawful means;
i. failure to fulfill the duties and responsibilities imposed upon teachers or school administrators by the General Statutes;
j. failure to comply with such reasonable requirements as the board may prescribe;
k. any cause that constitutes grounds for the revocation of an employee’s teaching or school administrator license;
l. a justifiable decrease in the number of positions due to school system reorganization, decreased enrollment, or decreased funding, provided that there is full compliance with other statutory requirements;
m. failure to maintain one’s license in current status;
n. failure to repay money owed to the state in accordance with the provisions of Article 60, Chapter 143 of the General Statutes; and
o. providing false information or knowingly omitting a material fact on an application for employment or in response to a pre-employment inquiry.
2. NON-CAREER STATUS TEACHER: If the Superintendent decides to recommend nonrenewal of a non-career status teacher, the Superintendent shall provide written notice of the recommendation no later than June 1. The teacher may, within 10 days of receipt of the recommendation, request written notice of the reasons for the recommendation for nonrenewal and the information that the Superintendent may share with the Board to support the recommendation for nonrenewal. If a teacher files a timely request, the Superintendent shall provide the requested information, and the teacher will be permitted to submit supplemental information to the Superintendent and Board prior to the Board's decision.
A non-career status teacher has the right to petition the Board for a hearing no later than 10 days after receiving notice of the Superintendent's recommendation for nonrenewal. A Board panel consisting of the Chair and Vice-Chair will review all petitions and decide whether to grant a hearing, and will notify the probationary teacher of its decision on behalf of the Board whether to grant a hearing. The Board, or designee, will notify the teacher of its decision whether to grant a hearing.
The Board will notify the non-career status teacher whose contract will not be renewed for the next school year of its decision by June 15. If, however, a teacher is granted a hearing, the Board will provide the nonrenewal notification within 10 days of the hearing or such later date upon the written consent of the Superintendent and teacher.
3. ADMINISTRATOR: If the Superintendent decides to recommend nonrenewal of the contract of a principal, assistant principal, or a supervisor or director whose major function includes the direct or indirect supervision of teaching or of any other part of the instructional program, the Superintendent shall provide written notice of the recommendation no later than May 1. If an administrator files a timely request, the Board shall conduct a hearing as required by N.C.G.S. § 115C - 45(c) and make a decision on whether to offer the administrator a new, renewed or extended contract. If the Board then decides that it will not offer such administrator a new, renewed or extended contract, the Board shall notify the administrator of its decision by June 1 of the final year of the administrator's contract. If an administrator does not file a timely request for a hearing, the administrator's contract will be nonrenewed with no further action by the Board or further notice to the administrator.
4. HEARING PROCEDURES: Unless otherwise directed by the Board panel, there will be no testimony at the hearing and the record of the hearing shall be confined to the information set forth in the statements and documents timely submitted by the parties.
An administrator or teacher and the Superintendent may be represented by counsel. The administrator or teacher and the Superintendent, or their designees or representatives, shall be provided with equal time (up to 15 minutes), as determined by the Board panel, to make oral arguments to the Board based on the information in the record. The hearing shall be private. After the hearing is completed, the panel shall make a decision in closed session, by majority vote, and shall report that decision in writing to the teacher or administrator and the Superintendent.
C. RESIGNATION
Professional employees who intend to resign for any reason are encouraged to indicate their plans in writing at as early a date in the school year as possible, such as when plans become firm and/or the decision to leave the school system is made. A resignation becomes effective at the end of the school year in which it is submitted. A resignation for any other time requires 30 days’ notice unless the Superintendent consents to a shorter notice period.
If a teacher has not been recommended for dismissal but fails to meet the notice requirements and the Superintendent does not consent to a waiver of notice, the Superintendent shall inform the Board and recommend to the Board whether a request should be made to the State Board of Education to revoke the teacher’s license for the remainder of the school year. The Superintendent shall place a copy of the request in the teacher’s personnel file.
The Superintendent must notify the State Board of Education if a teacher’s criminal history is relevant to the teacher’s resignation, regardless of whether the teacher gave adequate advance notice of resignation.
If a teacher who has been recommended for dismissal under the applicable state law resigns without the written consent of the Superintendent, then: (1) the Superintendent shall report the matter to the State Board of Education; (2) the employee shall be deemed to have consented to the placement of the written notice of the Superintendent’s intention to recommend dismissal in the employee’s personnel file; (3) the employee shall be deemed to have consented to the release to prospective employers, upon request, of the fact that the Superintendent has reported this employee to the State Board of Education; and (4) the employee shall be deemed to have voluntarily surrendered his or her license pending an investigation by the State Board of Education to determine whether to seek action against the employee’s license.
Upon inquiry from a North Carolina local board of education, charter school, or regional school as to the reason for a teacher’s resignation, the Superintendent or designee shall indicate if the teacher’s criminal history was relevant to the resignation.
1 Career employees are those who obtained career status (tenure) prior to August 1, 2013.
LEGAL REF: S.L. 2013-360; G.S. 90 art. 5; G.S. 115C-36, -47(18), 115C-287.1, -307, -
325, -325.1 et seq., -332, -333, -333.1; 143 art. 60; 16 N.C.A.C. 6C .0502,
State Board of Education Policy BENF-009
UNION COUNTY BOARD OF EDUCATION
REVISED: 1/9/20
REVISED: 7/7/20
Policy References
S.L. 2013-360; G.S. 90 art. 5; G.S. 115C-36, -47(18), 115C-287.1, -307, -
325, -325.1 et seq., -332, -333, -333.1; 143 art. 60; 16 N.C.A.C. 6C .0502,
State Board of Education Policy BENF-009
3-2 c Evaluation of Licensed Employees
Revisions History: Reviewed by GC 12/9/2020, Reviewed by GC 04/15/2020, 12/04/2018, Approved 03/01/2011
The Board recognizes that an effective staff is critical to the smooth operation of the school system and to creating a learning environment in which students can succeed. The Board further believes that students will not excel in performance unless those who most directly affect students, including school administrators, teachers, and other licensed professionals, excel in their performance. The Board intends to employ only those licensed employees who continuously exhibit a pattern of behavior that exemplifies excellent performance.
1. Evaluators must clearly identify exemplary performance as well as deficiencies in performance.
2. Evaluators are encouraged to use supplementary means of assessing and documenting performance in addition to the state performance standards, assessment rubrics, and evaluation instruments, including, but not limited to, additional formal observations, informal observations, conferences, reviews of lesson plans and grade books, interactions with the employee, plans of growth or improvement, and any other accurate indicators of performance.
3. Student performance and growth data will be considered as a part of the evaluation of licensed personnel, as provided in the assessment rubric for the class of employees under evaluation. For teachers, such data shall include student performance as measured by the statewide growth model for educator effectiveness or as otherwise authorized by the State Board of Education and approved by the local board.
4. Peer observations of teachers with fewer than three consecutive years of experience must be conducted as required by law using the evaluation instrument and process established by the State Board and must be considered by the school administrator in evaluating teacher performance.
5. Supervisors and principals should facilitate open communication with employees about performance expectations.
6. An employee who is unclear about how performance is being assessed or who desires additional evaluation opportunities should address these issues with his or her immediate supervisor.
7. Evaluators will be held accountable for following the evaluation system and all applicable state guidelines on the evaluation of employees.
8. Evaluation data will be submitted to the central office personnel file in accordance with state law and policy.
9. Evaluation data will be used in making employment decisions, including decisions related to professional and staff development and suspension, demotion, and dismissal of employees. Employment decisions may be made by the Board and administrators regardless of whether evaluators have followed the evaluation system, so long as there is a legally sufficient basis for the decisions.
10. The Superintendent and all evaluators are encouraged to develop ways to recognize distinguished performance and to capitalize on the abilities of such exemplary employees in helping other employees. The Superintendent and evaluators are encouraged to involve employees in developing these processes.
LEGAL REF.: G.S. 115C-47(18), -286.1, -325, -333; , -333.1, -333.2; State Board of Education Policies EVAL-004 through -006, EVAL-022, EVAL-025 through -031
CROSS REF.: Board Policy 3-9 Personnel File
UNION COUNTY BOARD OF EDUCATION:
APPROVED: 3/1/11
REVISED: 12/4/18
REVIEWED BY GENERAL COUNSEL: 4/15/20
REVIEWED BY GENERAL COUNSEL: 12/9/20
Policy References
G.S. 115C-47(18), -286.1, -325, -333; , -333.1, -333.2; State Board of Education Policies EVAL-004 through -006, EVAL-022, EVAL-025 through -031
Board Policy 3-9 Personnel File
3-2 d Classified Personnel: Suspension and Dismissal
Revisions History: 03/02/2021, Reviewed by GC 04/15/2020, Approved 11/07/2017
The Board encourages open communication between classified employees and their supervisors. Classified positions are critical to the effective operation of the school system. When performance problems arise, supervisors are encouraged to communicate clearly in oral or written form the nature of the deficiencies and to provide a reasonable opportunity to improve. Any written notices or reprimands will be included in the employee's central office personnel file. All employees are expected to meet job requirements and to seek clarification and guidance when needed to fulfill these
The Superintendent or designee may suspend an employee without pay as a disciplinary sanction. The Superintendent shall provide written notice of the suspension without pay to the employee. This notice will be placed in the personnel file. The suspension without pay may begin immediately. An employee has 10 calendar days from the date of receiving written notice of the Superintendent's decision to take the following actions: (1) request written notice of the reason(s) for the Superintendent's decision and (2) request an appeal before the Board regarding the decision to suspend without pay. If notice of the reason(s) for the suspension is requested, such notice must be provided prior to any Board hearing on the decision. If an appeal is not made within this time, an appeal is deemed to be waived. An employee may appeal a suspension on the grounds that there was no rational basis for the suspension; the suspension was discriminatory or was used for harassment; or Board policies were not followed.
Upon receiving a request for an appeal, the chairperson may designate a panel of three Board members to review the decision. The chairperson of the Board or the panel may establish rules for an orderly and efficient hearing. The employee will be notified in writing of the decision of the Board to uphold, reverse, or modify the Superintendent's decision. An employee will receive back pay for any period of suspension without pay that is not upheld by the Board.
A. Termination
As "at will" employees, employees in classified positions may be terminated on any nondiscriminatory basis, including inadequate performance, misconduct, failure to follow Board policies, or a reduction in staff. All other terminations will be made pursuant to this policy. The superintendent has the authority to terminate at-will employees. The Superintendent should provide written notice to the employee and the Board of the decision to terminate. An employee has 15 calendar days from the date of receiving notice of the Superintendent's decision to take the following actions: (1) request written notice of the reason(s) for the Superintendent's decision and (2) request an appeal of the decision to the Board. If notice of the reason(s) for the termination is requested, such notice must be provided prior to any Board hearing on the termination. The termination is effective during the period of appeal.
Upon receiving a request to appeal the Superintendent's decision to terminate, the chairperson may appoint a panel of three Board members to review the decision. The employee has the burden of establishing that the termination was based on an illegal discrimination. The Superintendent may offer evidence to substantiate that the dismissal was for a nondiscriminatory reason, such as prior warnings or remedial efforts.
The hearing procedures established in Board Policy 1-18, Grievances, Complaints, and Appeals, will be followed. The chairperson will provide written notice of the decision to the employee and the Superintendent as soon as practicable after reaching a decision. The Board may uphold the Superintendent's decision or reinstate the employee for any reason it deems proper, so long as the Board 's reason is not discriminatory.
Any employee who has been dismissed for cause will be ineligible for reemployment.
Upon inquiry from a North Carolina local Board of Education, charter school, or regional school as to the reason for an employee’s dismissal, the Superintendent or designee shall indicate if the employee’s criminal history was relevant to the dismissal.
This policy is not intended to create any property rights or an implied or express contract between the Board and the employee other than what is provided by law.
LEGAL REF.: 29 U.S.C. 621 et seq.; 29 U.S.C. 794 et. seq.; 42 U.S.C. 1981; 42 U.S.C. 12101; G.S. 115C-45(c), -47, -332
CROSS REF.: Board Policy 1-18, Grievances, Complaints and Appeals
Board Policy 2-8, Annual Independent Audit
UNION COUNTY BOARD OF EDUCATION
APPROVED: 11/7/17
REVIEWED BY GENERAL COUNSEL: 4/15/20
REVISED: 3/2/21
Policy References
LEGAL REF.: 29 U.S.C. 621 et seq.; 29 U.S.C. 794 et. seq.; 42 U.S.C. 1981; 42 U.S.C. 12101; G.S. 115C-45(c), -47, -332
CROSS REF.: Board Policy 1-18, Grievances, Complaints and Appeals
Board Policy 2-8, Annual Independent Audit
3-2 e Licensure
Revisions History: 05/03/2022, Reviewed by GC 01/20/2021, Approved 01/09/2020
The Board intends to comply fully with all licensure requirements of the Elementary and Secondary Education Act, state law, and State Board of Education policies.
A. LICENSURE AND OTHER QUALIFICATION REQUIREMENTS
1. Except as otherwise permitted by the State Board of Education or state law, a person employed in a professional educator position must hold at all times a valid North Carolina professional educator’s license appropriate to his or her position.
2. To the extent possible, all professional teaching assignments will be in the area of the professional employee’s license except as may be otherwise allowed by state and federal law and State Board policy.
3. The Board may employ candidates entering the teaching profession from other fields who hold a residency license or an emergency license.
4. In extenuating circumstances when no other appropriately licensed professionals or persons who are eligible for a residency license are available to fill a position, the board may employ an individual who holds a permit to teach issued by the State Board of Education.
B. EXCEPTIONS TO LICENSURE REQUIREMENTS
1. Adjunct CTE Instructors
An unlicensed individual who meets the adjunct hiring criteria established by the State Board of Education for a specific career and technical education (CTE) career cluster may be employed as an adjunct CTE instructor for up to 20 hours per week or up to five full consecutive months of employment, provided the individual first completes preservice training and meets all other statutory requirements for serving as an adjunct instructor established by state law.2. Adjunct Instructors in Core Academic Subjects, Fine and Performing Arts, and Foreign Languages
In accordance with state law, an unlicensed faculty member of a higher education institution who meets the adjunct hiring criteria established by the State Board of Education may be employed as a temporary adjunct instructor for specific core academic subjects, fine and performing arts, and foreign language courses in grades kindergarten through twelve provided the individual first completes preservice training and meets all other statutory and State Board of Education requirements.
In addition, an individual with a related bachelor’s or graduate degree may be employed as a temporary adjunct instructor to teach high-school level courses in core academic subjects, fine and performing arts, and foreign language in the individual’s area of specialized knowledge or work experience provided the individual first completes preservice training required under G.S. 115C-298.5(a1).
3. Interim Principals
A retired former principal or assistant principal may be employed as an
interim principal for the remainder of any school year, regardless of licensure status.
4. Driver Education Instructors
An individual, who is not licensed in driver education, is authorized to work as a driver education instructor if the individual holds Certified Driver Training Instructor status according to minimum standards established by State Board of Education policy.
C. BEGINNING TEACHER SUPPORT PROGRAM
The Superintendent or designee shall develop a plan and a comprehensive program for beginning teacher support. The plan must be approved by the Board and the Department of Public Instruction and kept on file for review. The plan must be aligned to the State Board of Education’s beginning teacher support program standards and, when monitored, must demonstrate proficiency. The district will also participate in implementing a regionally-based annual peer review and support system.
Teachers with fewer than three years of teaching experience will be required to participate in the Beginning Teacher Support Program.
D. LICENSE CONVERSION
Teachers must meet all requirements of the State Board of Education in order to move from an initial professional license or residency license to a continuing professional license. Licensing is a state decision and cannot be appealed at the local level. The Superintendent or designee shall ensure that teachers not qualifying for continuing professional licensure are informed of the process for appealing the state decision.
E. LICENSE RENEWAL
Licensure renewal is the responsibility of the individual, not of the district. Any employee who allows a license to expire must have it reinstated prior to the beginning of the next school year. A teacher whose license has expired is subject to dismissal.
The district may offer courses, workshops, and independent study activities to help school personnel meet license renewal requirements. Any renewal activity offered must be consistent with State Board of Education policy. In addition, the Superintendent or designee shall develop a procedure to determine the appropriateness of any credit offered in advance of renewal activities.
Decisions regarding the employment of teachers who fail to meet the required proficiency standard for renewal of a continuing professional license will be made in accordance with state law and applicable State Board of Education requirements. The Superintendent or designee shall determine the professional development required of a teacher whose continuing professional license has reverted to an initial professional license and/or has expired due to performance issues. The Superintendent or designee may authorize or direct principals to prescribe professional development to such employees in accordance with the employee’s demonstrated deficiencies.
F. PARENTAL NOTIFICATION
At the beginning of each school year, district officials shall notify the parents or guardians of each student attending a Title I school or participating in a Title I program of their right to request the following information about qualifications of their child’s teacher: whether the teacher has met NC qualification and licensing criteria for the grade level(s) and subject area(s) in which the teacher provides instruction; whether the teacher is teaching under emergency or other provisional status through which North Carolina qualification or licensing criteria have been waived; whether the teacher is teaching in the field of discipline of his or her certification; and whether the child is provided services by a paraprofessional, and if so, the paraprofessional’s qualifications.
The district will give notice within 10 school days to the parents of children who have been assigned or, after four consecutive weeks, have been taught by a teacher who does not meet applicable State certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.
G. EQUITABLE DISTRIBUTION OF TEACHERS
The Superintendent shall assess whether low-income, minority, learning disabled, and/or English learners are being taught by inexperienced, ineffective, or out-of-field teachers at higher rates than students who do not fall into these categories and shall develop a plan to address any such disparities. If DPI does not require such a plan of the LEA, the superintendent is not required to develop a plan under this subsection unless he or she determines that one is needed to address inequities within the school system.
LEGAL REF: Elementary and Secondary Education Act, 20 U.S.C. 6301 et seq.; 34 C.F.R. 200.55-57, 200.61; G.S. 115C art. 17E; 115C-270.21, -284, -295,
-298.5, -325(e)(1)(m) (applicable to career status teachers), - 325.4(a)(12) (applicable to non-career status teachers), -333, -333.1; State Board of Education Policies DRIV-003, DRIV-004, EVAL-004, EVAL-023, EVAL-034, LICN-001, LICN-005, LICN-021, LICN-022, NCAC-028, NCAC-035, NCAC-037, TCED-016; Beginning Teacher Support Program Handbook (NCDPI) available at https://sites.google.com/dpi.nc.gov/ncref/bt-support-program- resources
UNION COUNTY BOARD OF EDUCATION
APPROVED: 1/9/20
REVIEWED BY GENERAL COUNSEL: 1/20/21
REVISED: 5/3/22
Policy References
Elementary and Secondary Education Act, 20 U.S.C. 6301 et seq.; 34 C.F.R. 200.55-57, 200.61; G.S. 115C art. 17E; 115C-270.21, -284, -295,
-298.5, -325(e)(1)(m) (applicable to career status teachers), - 325.4(a)(12) (applicable to non-career status teachers), -333, -333.1; State Board of Education Policies DRIV-003, DRIV-004, EVAL-004, EVAL-023, EVAL-034, LICN-001, LICN-005, LICN-021, LICN-022, NCAC-028, NCAC-035, NCAC-037, TCED-016; Beginning Teacher
Support Program Handbook (NCDPI) available at https://sites.google.com/dpi.nc.gov/ncref/bt-support-program- resources
3-3 Recruitment and Selection of Personnel
Revisions History: 05/03/2022, 05/04/2021, 10/01/2019, 11/08/2018, 12/10/2013, 02/07/2012, 10/21/2008, 02/19/2008, 09/02/2003, 05/18/1999, 10/30/1997 Approved 03/23/1993
Related Policies & Documents: 3-3 AG (a)
EQUAL EMPLOYMENT OPPORTUNITIES
It is the policy of the Board to provide all applicants for employment with equal employment opportunities and to provide current employees with training, compensation, promotion and other attributes of employment without regard to race, color, religion, national origin, military affiliation, genetic information, sex, age or disability, except where sex (including pregnancy, childbirth, sexual orientation, and gender identity), age or physical requirements are essential occupational qualifications. All candidates will be evaluated on their merits and qualifications for positions. All employment decisions will be consistent with the Board’s objective of providing students with the opportunity to receive a sound basic education, as required by state law. This policy applies to all personnel actions, including recruiting, hiring, assignments, promotions, evaluations, transfers, compensation, training, discipline, termination and other terms and conditions of employment.
The Board recognizes the educational and professional advantages of diversity in the composition of the professional staff and is committed to a recruitment and employment program that reflects the diversity of Union County. To further this goal, the recruitment and employment program should be designed to encourage a diverse pool of qualified applicants.
The Superintendent shall report annually to the Board on the progress made in adhering to this policy.
RECRUITMENT
The Board acknowledges that the most important aspect of attaining excellence in education is the quality of the teaching, administrative staff and classified employees. A continuous system of recruitment and selection of personnel shall be maintained in order to assure competent candidates for employment.
Recruitment for a specific vacancy will be undertaken only after the need and qualifications for the position are established and proper authorization is obtained.
All vacancies must be adequately publicized within the school system so that employees will be informed of opportunities for promotion or transfer to new jobs; however, the Superintendent or designee may forgo publicizing a vacancy if the position will be filled through a lateral assignment, reassignment, or promotion of a current employee or if exigent circumstances necessitate that the position be filled immediately. Vacancies may be publicized externally to attract qualified applicants.
SELECTION
Candidates for employment must be selected based upon their likely ability to fulfill duties identified in the job description as well as performance standards established by the Board. In making the determination, the following information must be considered:
a. application;
b. education and training;
c. licensure and certification (when applicable);
d. relevant experience;
e. personal interviews; and
f. references and/or background checks.
When several applicants for the same position are equally qualified and suitable for the position, employees within the school system will be given priority.
For employee applicants who are an immediate family member of an administrator, please see Policy 3-15 Nepotism.
INFORMATION PROVIDED BY APPLICANT
All information provided to the district by an applicant for employment or by an employee must be true, accurate and complete to the best of that applicant's or employee's knowledge. Presenting information to the district that results in or is intended to defraud, falsify, materially misrepresent or conceal the truth will be considered just cause for terminating the application process or, as a violation of policy, grounds for dismissing an employee.
CRIMINAL RECORDS REVIEW
The Board has the obligation to ensure the welfare and safety of its students, employees and the larger community. Therefore, as a condition of employment by Union County Public Schools, a review of criminal history, including a check of sex offender registries, shall be conducted on each final candidate for employment or for hiring as an independent contractor. Special requirements are described below for criminal history checks of candidates for certain positions working with pre-school children or working in afterschool or developmental day programs.
Failure of an applicant to sign a Release of Information form shall be considered a withdrawal of the application for employment. A final candidate for employment or for hiring as an independent contractor will be excluded from hiring on the basis of criminal conduct only when doing so is job-related and consistent with business necessity. If a final candidate is found to have been convicted of a criminal offense, other than a minor traffic violation, the Superintendent or designee shall determine whether the individual is qualified for employment despite the criminal history by considering, among other things, whether the individual poses a threat to the safety of students or personnel or has demonstrated that he or she does not have the integrity or honesty to fulfill the duties of the position. The following factors will be considered in making this determination: (1) the nature and gravity of the offense or conduct; (2) the time that has passed since the offense or conduct and/or completion of the sentence; and (3) the nature of the job sought. Before the Superintendent or designee may exclude a final candidate based on his or her past criminal convictions, the Superintendent or designee must give the candidate the opportunity to demonstrate that the exclusion does not properly apply to him or her. The requirements of this paragraph do not apply to a child care provider who is determined to be disqualified by the Division of Child Development and Early Education on the basis of a criminal history check conducted pursuant to G.S. 110-90.2, 42 U.S.C. 9858f, and 45 C.F.R. 98.43. (See below).
The Board has determined that every position with the school system, regardless of whether the position is located in a school or elsewhere, potentially entails contact with students, either on a regular, occasional, or emergency basis. For that reason, no individual who is a registered sex offender subject will be hired for any position with the school system. In addition, each contract executed by the Board with an independent contractor or for services of independent contractors must require the contractor to check sex offender registries for all employees acting under this contract.
Denial of employment based on the criminal history record information report shall be made on a case-by-case basis by the Superintendent or designee.
If a person omits or gives false information concerning his or her criminal history on his or her employment application, background check form, resume or any other required or submitted application-related document, that person may not be offered employment. Candidates shall not be required to disclose expunged arrests, charges, or convictions and candidate shall not be asked to voluntarily disclose such information without first being advised that disclosure is not required. If the person has been: (a) hired, or (b) offered employment conditioned on the results of a criminal history check, the person will be subject to disciplinary action up to and including dismissal or the offer of employment will be withdrawn, as applicable.
Union County Public Schools reserves the right to conduct a criminal records check at anytime on any employee within the school system.
CRIMINAL HISTORY CHECKS OF CHILD CARE PROVIDERS
For purposes of this section, a “child care provider” is: 1. any person who works or is a final candidate seeking to work in a classroom or program licensed by the Department of Health and Human Services, Division of Child Development and Early Education (DCDEE); and 2. any person, including a volunteer, who has unsupervised contact with children enrolled in such classrooms or programs. Before beginning initial employment or volunteer service and at least every three years thereafter, each child care provider must complete a criminal background check that meets the requirements of G.S. 110-90.2, 42 U.S.C. 9858f, and 45 C.F.R. 98.4319 and present a letter issued by DCDEE indicating that the individual is qualified to have responsibility for the safety and well-being of children based on the individual’s criminal history.
After September 30, 2019, no person shall (1) be employed, continue to be employed, or be permitted to volunteer as a child care provider, or to otherwise have unsupervised contact with students enrolled in a licensed classroom or program operated by the school system or (2) be counted in the staff/child ratio of such classroom or program, unless the person holds a current valid qualification letter issued by DCDEE. However, a child care provider with provisional status may be employed pending final results of the criminal background check but shall be subject to the restrictions established by 10A N.C.A.C. 09 .2703(f).
The application fee and cost of fingerprinting associated with the DCDEE criminal history check process shall be borne by the Board.
A child care provider who has incurred any pending charges, indictments, or convictions (other than minor traffic offenses) since the last qualification letter was issued by DCDEE shall notify the Assistant Superintendent of Human Resources in writing of such charges within five business days or before returning to work, whichever comes first. The Assistant Superintendent of Human Resources shall notify DCDEE within one business day of being notified.
The Superintendent or designee shall include the criminal history mandatory reporting requirement in all new employee orientation information for child care providers. The Superintendent shall also be responsible for establishing effective recordkeeping methods and other processes as necessary to ensure compliance with all legal requirements pertaining to criminal history record checks of child care provider.
NOTIFICATION OF ARREST OR CRIMINAL CHARGES
Except as otherwise provided below applicants and current employees must notify the Assistant Superintendent of Human Resources immediately if they are arrested, charged with, or convicted of a criminal offense (including entering a plea of guilty or nolo contendere) other than a minor traffic violation (i.e., speeding, parking, or a lesser violation). Notice must be in writing, must include all pertinent facts, and must be delivered to the Assistant Superintendent of Human Resources no later than the next scheduled business day following the arrest, charge, or conviction, unless the applicant is hospitalized or incarcerated, in which case the applicant must report the alleged violation within 24 hours after his or her release. Upon judicial action in the matter, the applicant must report the disposition and pertinent facts in writing to the Assistant Superintendent of Human Resources no later than the next business day following adjudication.
EMPLOYMENT PROCEDURES
All applicants selected for employment must be recommended by the Superintendent and approved by the Board. In situations in which the employee must be hired between Board meetings, the Superintendent or designee is authorized to approve hiring such personnel, contingent upon approval by the Board at its next scheduled Board meeting.
State guidelines must be followed in selection and employment procedures. The Superintendent shall develop any other procedures necessary to implement this policy.
The Superintendent shall develop procedures for verifying new employees’ legal status or authorization to work in the United States as required by law.
HEALTH CERTIFICATE
All new employees, as well as employees who have been separated from public school employment for more than a year or who have been absent for more than 40 successive school days because of a communicable disease, must provide a fully completed health certificate. Such certificate must be prepared by:
1. A physician licensed to practice in North Carolina;
2. A nurse practitioner approved pursuant to state law; or
3. A physician's assistant licensed to practice in North Carolina.
A new employee who has not previously been employed in a public school in North Carolina may provide a certificate prepared by a physician, nurse practitioner, or physician's assistant who holds a current unrestricted license or registration in another state, so long as evidence of that license or registration is on the certificate. Such certificate must certify that the employee does not have tuberculosis in the communicable form; any other communicable disease; or any disease, physical or mental, that would impair the ability of the individual to perform effectively in his or her duties. The Board or Superintendent may require any individual covered by this policy to have a physical examination when deemed necessary.
Health certificates will be maintained in separate, confidential medical files in the human resources office.
PROMOTION & TRANSFER OF PROFESSIONAL/CERTIFIED AND CLASSIFIED EMPLOYEES
When current employees apply for vacancies, which would constitute promotion, such requests will be given full consideration. Experience, ability, suitability, training, certification, seniority within the system, and other relevant factors will be considered in making promotions. The primary consideration in the promotion of personnel, or in filling vacant administrative or supervisory positions, is to place the very best person available in the position. Promotions of current employees to the position of Deputy, Associate and Assistant Superintendents, principal, assistant principal and director shall be recommended by Superintendent and approved by Board.
Lateral transfers of school district employees shall be made by the Superintendent, except where a contract prohibits. The Superintendent shall inform the Board of all lateral transfers. Placement of staff is in the sole discretion of the Superintendent.
An employee may request a transfer to a different school by completing a transfer request form and submitting it to the Personnel Administration. The Superintendent has the responsibility to transfer employees in accordance with course requirements, fluctuating enrollments, allotments and the general welfare of the school system.
Satisfactory performance shall be considered the minimum acceptable standard of performance for teachers, administrators, and classified employees in this school system; however, satisfactory performance shall not constitute any assurance to any teacher, administrator or classified employee of rights to or consideration for employment or re-employment.
Appraisals of preparation, performance, and contributions to the school system as well as the needs of the school system shall be considered by the Board in making employment decisions.
RESIGNATION
After entering into employment with the district:
1. School system administrators desiring to terminate their contract must not give fewer than sixty- (60) days written notice to the Superintendent’s office.
2. Other certified employees desiring to terminate their contract must not give fewer than thirty- (30) days written notice to the Superintendent’s office.
3. Classified employees must not give fewer than fourteen (14) days written notice to the appropriate supervisor.
A. If an earlier termination is desired, and if such a release would not result in undue inconvenience or hardship to the school system, the Superintendent or designee may authorize an earlier release.
B. It is the policy of the Board to assign to the Superintendent the responsibility of accepting employee resignations. The resignation, if accepted by the Superintendent, will be reported to the Board at its next meeting. Once accepted, a resignation may not then be rescinded unless the Board agrees.
PROFESSIONAL/CERTIFIED EMPLOYEES
Professional/certified employees who intend to resign for any reason are encouraged to indicate their plans in writing at as early a date in the school year as possible, such as when plans become firm and/or the decision to leave the school system is made. A resignation becomes effective at the end of the school year in which it is submitted.
If a teacher has not been recommended for dismissal but fails to meet the notice requirements and the Superintendent does not consent to a waiver of notice, the Superintendent shall inform the Board and recommend to the Board whether a request should be made to the State Board of Education to revoke the teacher’s license for the remainder of the school year. The Superintendent or designee shall place a copy of the request in the teacher’s personnel file. The Superintendent or designee must notify the State Board of Education if a teacher’s criminal history is relevant to the teacher’s resignation, regardless of whether the teacher gave adequate advance notice of resignation.
If a teacher who has been recommended for dismissal under the applicable state law resigns without the written consent of the Superintendent, then: (1) the Superintendent or designee shall report the matter to the State Board of Education; (2) the employee shall be deemed to have consented to the placement of the written notice of the Superintendent’s intention to recommend dismissal in the employee’s personnel file; (3) the employee shall be deemed to have consented to the release to prospective employers, upon request, of the fact that the Superintendent has reported this employee to the State Board of Education; and (4) the employee shall be deemed to have voluntarily surrendered his or her license pending an investigation by the State Board of Education to determine whether to seek action against the employee’s license.
Upon inquiry from a North Carolina local board of education, charter school, or regional school as to the reason for a teacher’s resignation, the Superintendent or designee shall indicate if the teacher’s criminal history was relevant to the resignation.
CLASSIFIED EMPLOYEES
To help ensure the smooth operation of the schools, classified employees who plan to resign for any reason are encouraged to provide 30 days’ notice whenever possible.
ALL EMPLOYEES
Letters of resignation must be submitted to the Superintendent. Resignations may be accepted, on behalf of the Board, by the Superintendent or designee
Each employee who is leaving the school system may arrange to meet with any director, supervisor, or administrator to discuss his or her reasons for leaving and to identify any practices or policies that he or she feels are detrimental to the objectives of the school system. To the extent possible, statements made by employees will be confidential. However, should another North Carolina local school board, charter school, or regional school inquire as to the reason for any employee’s resignation, the Superintendent or designee must indicate if criminal history was relevant to the employee’s resignation.
LEGAL REF.: Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq.; Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.; Equal Educational Opportunities Act of 1974, 20 U.S.C. 1703; Equal Pay Act of 1963, 29 U.S.C. 206; Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.; Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. 2000ff et seq.; Military Selective Service Act, 50 U.S.C. Appx. 453; Rehabilitation Act of 1973, 29 U.S.C. 794; Title VII of the Civil Rights Acts of 1964, 42 U.S.C. 2000e et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq.; Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301 et seq.; 8 U.S.C. 1101 et seq.; Bostock v. Clayton County, 590 U.S. __, 140 S. Ct. 1731 (2020); Green v. Missouri Pacific Railroad 523 F.2d 1290 (8th Cir. 1975); Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, U.S. Equal Employment Opportunity Commission (April 25, 2012), available at http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm; G.S. 14-208.18; 15A-153; 115C-12.2, -36, -47, -276(j), -323, -325, -332; 126-7.1(i), -16; 127A-202.1 et seq.; 127B-10, -12, -14; 143B-421.1, -931; Leandro v. State, 346 N.C. 336 (1997); 16 N.C.A.C. 6C .0313; State Board of Education Policies BENF-009 and N.C.A.C.-6C.0313; G.S. 110-90.2; 42 U.S.C. 9858f; and 45 C.F.R. 98.43.
CROSS REF.: Board Policy 3-9, Personnel File
Board Policy 3-13, Nepotism
Board Policy 6-4, School Volunteers
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 10/30/97
REVISED: 5/18/99
REVISED: 9/2/03
REVISED: 2/19/08
REVISED: 10/21/08
REVISED: 2/7/12
REVISED: 12/10/13
REVISED: 11/8/18
REVISED: 10/1/19
REVISED: 5/4/21
REVISED: 5/3/22
Policy References
Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq.; Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.; Equal Educational Opportunities Act of 1974, 20 U.S.C. 1703; Equal Pay Act of 1963, 29 U.S.C. 206; Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.; Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. 2000ff et seq.; Military Selective Service Act, 50 U.S.C. Appx. 453; Rehabilitation Act of 1973, 29 U.S.C. 794; Title VII of the Civil Rights Acts of 1964, 42 U.S.C. 2000e et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq.; Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301 et seq.; 8 U.S.C. 1101 et seq.; Bostock v. Clayton County, 590 U.S. __, 140 S. Ct. 1731 (2020); Green v. Missouri Pacific Railroad 523 F.2d 1290 (8th Cir. 1975); Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, U.S. Equal Employment Opportunity Commission (April 25, 2012), available at http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm; G.S. 14-208.18; 15A-153; 115C-12.2, -36, -47, -276(j), -323, -325, -332; 126-7.1(i), -16; 127A-202.1 et seq.; 127B-10, -12, -14; 143B-421.1, -931; Leandro v. State, 346 N.C. 336 (1997); 16 N.C.A.C. 6C .0313; State Board of Education Policies BENF-009 and N.C.A.C.-6C.0313; G.S. 110-90.2; 42 U.S.C. 9858f; and 45 C.F.R. 98.43.
CROSS REF.: Board Policy 3-9, Personnel File
Board Policy 3-13, Nepotism
Board Policy 6-4, School Volunteers
3-3 AG (a) Employee Candidates and Volunteers
Revisions History: 03/02/2021, 12/08/2018, 12/07/2010, 09/08/2008, approved 02/19/2008
The results of criminal records checks will be considered in hiring, discipline, dismissal and other personnel decisions. These results will also be considered in the volunteer approval process. If an applicant's, employee's, or volunteer’s criminal history or the resulting additional background check indicates that the person poses a threat to the physical safety of students or personnel or that the person has demonstrated that s/he does not have sufficient integrity, honesty, ethics or other traits to fulfill his or her duties as a public school employee or volunteer, then the person's offer of employment or volunteer approval will be withdrawn or the person's employment or volunteer status will be terminated. No employee candidates (whether full-time, part-time, substitute or temporary) will be hired or volunteers allowed to volunteer until the review of the criminal records check and any resulting additional background investigation has been completed.
Criteria for Exclusion
“Criminal history" as used in these guidelines means a guilty plea, conviction, no contest plea, prayer for judgment continued, arrest without conviction, deferred prosecution, charge with no disposition, or pending charge for a misdemeanor or felony for all offenses except:
1. Infractions;
2. Traffic offenses that are not felonies and that are not related to and did not involve driving while intoxicated or under the influence of a drug or intoxicating beverage, unless the person is applying for a position as a driver;
3. Offenses that have been "waived" or expunged;
4. Offenses involving worthless checks, unless the position involves responsibility for school system funds, or unless the offenses indicate, through the number of offenses, the dollar amounts of the worthless checks or otherwise, that the person may not have sufficient honesty, integrity, ethics or other traits to fulfill the duties of the position for which the person applied or is employed.
Each criminal records check will be reviewed by the Assistant Superintendent for Human Resources and/or his/her designee. The Assistant Superintendent for Human Resources shall determine whether the individual is qualified for employment or to volunteer despite the criminal history by considering, among other things, whether the individual poses a threat to the safety of students or personnel or has demonstrated that he or she does not have the integrity or honesty to fulfill the duties of the position and/or role. If the criminal history checks or other information show that the applicant has been convicted, pled guilty, or pled no contest to felonies other than those described above, or to misdemeanors, or the applicant was untruthful with respect to such matters, the factors listed below will be considered in making the determination of whether the nature of the offense or offenses indicate that the person may pose a threat to the physical safety of students or personnel or indicate that the person may not have sufficient honesty, integrity, ethics, or other traits to fulfill the duties of the position for which the person applied.
The following factors will be considered in making this determination: (1) the nature and gravity of the offense or conduct; (2) the time that has passed since the offense or conduct and/or completion of the sentence; and (3) the nature of the job and/or role sought.
Factors that weigh against the applicant's being hired, allowed to volunteer, or employment being continued include:
1. The victim of the offense was a minor;
2. The offense involved drugs or narcotics;
3. The offense was sexual in nature;
4. The offense involved a violent act or the threat of violence against a person;
5. The offense involved deception, dishonesty, or fraud;
6. There was a pattern of offenses or multiple offenses;
7. The offense was a felony;
8. The offense occurred within the last ten years;
9. The evaluation of a person who supervised the applicant contemporaneously with or subsequent to the event that the offense is indicative of a pattern of behavior;
10. The offense involved a pre k-12 public or private educational institution; or
11. The applicant or employee was untruthful with respect to their criminal history, or omitted information or gave false information concerning their criminal history on their employment application, background check form, resume or any other required or submitted application related document.
• Any DWI conviction will result in an inability to transport children in any capacity.
• All offenses will be classified under the statutes of the State of North Carolina, regardless of where the offense occurred.
1. Pending charges will be reviewed on a case by case basis. Felony and misdemeanor (classified greater than a Class 3) charges will result in an exclusion until a judgment is entered.
2. The criminal records check is an ongoing process and subject to review and change at any time.
Additional exclusions for specific positions and/or duties:
1. Positions which involve money and/or financial records – any charges for larceny, embezzlement or related charges will exclude the applicant. Furthermore and charges for fraud, forgery or related offenses will exclude the applicant.
2. Positions which involve driving a district owned vehicle – three (3) or more N.C.G.S. Chapter 20 moving violations will exclude the applicant.
Pending Charges
If the criminal history checks or other information indicates that one or more charges are pending against an applicant:
1. If the charge is for a felony described above, the applicant shall not be hired, allowed to volunteer, or his or her employment shall not be continued. After the charges are resolved, the applicant may reapply for employment or to volunteer and his or her eligibility will be evaluated at that time.
2. If the charge is for an offense other than a felony described above:
a. The applicant shall not be hired, allowed to volunteer, or his or her employment shall not be continued unless a determination is made that, even if the applicant is guilty, a conviction would not indicate that the person poses a threat to the physical safety of students or personnel or that the person does not have sufficient honesty, integrity, ethics or other traits to perform the job duties of the position or role for which the person applied. In making this determination, the factors listed above will be considered.
b. If the determination made in accordance with the information above is not favorable to the applicant, the applicant shall not be hired, allowed to volunteer, or his or her employment shall not be continued. After the charges are resolved, the applicant may reapply for employment or to volunteer and his or her eligibility will be evaluated at that time.
Any person who disagrees with the results and would like to challenge them can do so by adhering to the following procedures:
1. Provide a written appeal to the Assistant Superintendent of Human Resources for review and comparison to the results of the criminal records check and the decisions rendered. To provide a written appeal, contact the Director of Employee Relations.
2. There is not an appeal of right beyond the Assistant Superintendent of Human Resources.
LEGAL REF: Volunteers for Children Act §42 USC 5119a (1998)
N.C.G.S. Chapters 14 and 20.
UNION COUNTY BOARD OF EDUCATION
APPROVED: 2/19/08
REVISED: 9/8/08
REVISED: 12/7/10
REVISED: 12/8/18
REVISED: 3/2/21
Policy References
Volunteers for Children Act §42 USC 5119a (1998)
N.C.G.S. Chapters 14 and 20.
3-4 Communicable Diseases (Employees)
Revisions History: Reviewed by GC 01/20/2021, Reviewed by GC 04/15/2020, 05/01/2012, 06/20/2006 Approved 10/07/2003
Related Policies & Documents: 3-4 AG (a)
COMMUNICABLE DISEASES (EMPLOYEES) 3-4
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The Board strives to provide a safe and secure environment for all students and employees. In an effort to maintain a balance between the need to protect the rights of students and employees and to control the spread of serious communicable diseases and conditions, the superintendent will make decisions regarding the employment status of employees with communicable diseases or conditions on a case-by-case basis, in accordance with this policy. An employee suffering from a communicable disease or condition is encouraged to inform his or her principal so that appropriate accommodations may be made and appropriate precautions may be taken. This policy applies to all legally reportable communicable diseases, including HIV and AIDS, as set forth in 15A N.C.A.C. 19A.0201.
In accordance with the regulations established by the United States Department of Labor pursuant to the Occupational Safety and Health Bloodborne Pathogens Standard, Union County Public Schools shall have in effect a Bloodborne Pathogens Exposure Control Plan. The Plan, which is designed to eliminate or minimize employee exposure to infectious body fluids and body secretions, shall include appropriate employee training and specific precautions that all employees must take when dealing the blood and other body fluids.
For employees with occupational exposure to blood and body fluids, the Plan shall include appropriate training, provisions of Hepatitis B vaccinations, and specific work practice precautions to minimize contact with potentially infectious body fluids. Employees with occupational exposure shall refer to those employees who are reasonably anticipated to come into contact with blood and body fluids in the normal performance of their assigned work duties.
This policy shall be shared with school staff annually and with new employees as part of any initial orientation.
A. Definition of Communicable Disease
A communicable disease is defined as an illness due to an infectious agent, or its toxic products, which is transmitted directly or indirectly to a person from an infected person or animal.
B. Safety Control Measures
1. Handling Bodily Fluids
In order to prevent the spread of communicable diseases and conditions, universal health and safety precautions, including
COMMUNICABLE DISEASES (EMPLOYEES) 3-4
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precautions regarding the handling and cleanup of blood and other bodily fluids, shall be distributed by the administration
and followed by all school district employees. Employees are also required to follow the school system’s bloodborne pathogens exposure control plan that contains universal precautions and specific work practice controls relating to the handling, disposal, and cleanup of blood and other potentially infectious materials. The Bloodborne Pathogens Exposure Control Plan shall be made available at each school or department. All employees are required to review and be familiar with the plan within a reasonable time after assuming employment, but not to exceed 30 days. Faculty should not allow students to be involved in the handling, disposal, and cleanup of potentially infectious materials unless the student has been specifically trained in the handling of such materials and is qualified to perform first aid services.
Failure to follow universal health and safety precautions or applicable provisions of the Bloodborne Pathogens Exposure Control Plan may result in disciplinary action against the offending employee. All employees have a duty to report to the school principal or the director of the personnel office any failure by a staff member or a student to follow the universal precautions, including their own.
2. Reporting Communicable Diseases
In accordance with G.S. 130A-136, school principals are required to report suspected cases of reportable communicable diseases or conditions, to the county health director for investigation. Principals must provide the health director with available factual information to substantiate the report. Such reports are to remain strictly confidential and may be shared only with other staff members as necessary to prepare and file a report. All information must be kept strictly confidential.
3. Following Health Control Measures for Communicable Diseases
Any employee suffering from a communicable disease or condition is required to follow all control measures given to him or her by the health director and take all necessary precautions to prevent the transmission of the disease or condition. Any school district employee who has reason to believe that a fellow employee is failing
COMMUNICABLE DISEASES (EMPLOYEES) 3-4
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to follow safe practices, including a failure to use the universal precautions, must report this to his/her principal/supervisor. Supervisory personnel shall report unsafe conduct to the health department when they have a reasonable concern that such conduct may cause or may have caused the spread of a communicable disease.
4. Cooperating with Health Officials
If the county health director notifies the superintendent or any other school district personnel that a school district employee with a communicable disease or condition may be posing a threat to the public health, these personnel shall cooperate with the health director in eliminating the threat.
C. Employment Status of Employee
The Board will follow all applicable state and federal laws and regulations and this policy in determining when an employee with a communicable disease or condition will be required to take leave from his/her position or otherwise be restricted from continuing his/her employment.
1. Requests to Alter Duties
Any employee may request that the superintendent/designee consider altering the employee’s duties or other conditions of his or her employment if the employee:
a. feels unable to continue to perform the regular duties of the position due to a communicable disease or condition, or
b. feels he/she may risk transmitting the communicable disease to others by continuing to perform assigned duties.
The employee seeking alteration in the conditions of employment must apprise the superintendent/designee of his/ her condition, submit medical documentation regarding such condition, suggest possible accommodations known to him/her and cooperate in any ensuing discussion and evaluation regarding whether there are possible reasonable accommodations.
COMMUNICABLE DISEASES (EMPLOYEES) 3-4
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2. Interdisciplinary Committee
If the superintendent so requests, the employee must give the superintendent written permission either to consult with appropriate medical personnel or to convene an interdisciplinary committee to receive medical information regarding the employee in order to assist the superintendent in determining whether alternative employment opportunities reasonably can be provided to the affected employee. The committee may include appropriate school district personnel, appropriate medical personnel, including the employee’s personal physician when possible, the health director/designee, and the employee.
3. Reasonable Accommodation Review
When addressing the issue of whether reasonable accommodation is possible, the superintendent will determine:
a. to what degree the employee’s presence in his/her current job exposes students or other staff to possible transmission of the disease; and/or
b. whether the employee is able to continue in his/ her current position with reasonable modifications.
The superintendent shall consult with the health director if there is any question as to the employee’s risk of transmission on the job. If the superintendent determines that a significant risk of transmission exists in the employee’s current position or that the employee is no longer able to continue in his/her current position for health reasons, the superintendent shall decide whether alternative employment opportunities are reasonably available within the school district and follow appropriate board policies for implementing or recommending a transfer.
If the employee requesting accommodation refuses to consent to the release of information to medical personnel or an interdisciplinary committee appointed by the superintendent, his/her request for an accommodation may be denied until the employee agrees to allow the superintendent to consult with the necessary parties.
COMMUNICABLE DISEASES (EMPLOYEES) 3-4
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4. Confidentiality of Information
Information shared with the superintendent, medical personnel, or interdisciplinary committee personnel shall be kept confidential and separate from other personnel file information and may be shared with other school employees ONLY with the written permission of the employee as necessary to explore, design, or implement possible accommodations or as otherwise allowed by law.
Nothing in this policy is intended to grant or confer any employment rights beyond those existing by law or contract.
LEGAL REF.: The Americans with Disabilities Act of 1990, 42 U.S.C.
§ 12101m et seq. 29 C.F.R. § 1630; G.S. 130A, Article 6; 15A NCAC 19A. 0100 et seq.
CROSS REF.: Board Policy 4-12, Communicable Diseases (Students)
UNION COUNTY BOARD OF EDUCATION
APPROVED: 10/07/03
REVISED: 6/20/06
REVISED: 5/1/12
REVIEWED BY GENERAL COUNSEL: 4/15/20
REVIEWED BY GENERAL COUNSEL: 1/20/21
Policy References
The Americans with Disabilities Act of 1990, 42 U.S.C.
G.S. 130A, Article 6
29 C.F.R. § 1630
15A NCAC 19A. 0100 et seq.
§ 12101m et seq.
4-12, Communicable Diseases (Students)
3-4 AG (a) Exposure to Bloodborne Pathogens
Purpose: To reduce and control health risks associated with bloodborne pathogen exposure in the school setting.
Procedure: The School Staff and School Health Nurse will follow established Union County Public Schools Bloodborne Pathogens Policy for investigating, reporting and documenting incidents of potential blood/body fluid exposure.
NOTE: All potentially exposed individuals, regardless of Hepatitis B Virus (HBV) vaccination status, will be referred to their Primary Care Physician (for students/visitors) or OccMed Monroe (for employees) for evaluation of need for Hepatitis B Virus (HBV)/Human Immunodeficiency Virus (HIV) HBV/HIV titers. Testing, when indicated, should be completed as soon as possible.
A. School staff will provide immediate first aid appropriate to the circumstances and in accordance with the School Health Manual.
B. Upon notification by school staff of a potential exposure, the School Health Nurse will investigate the nature of the risk. The investigation will include:
1. Names of the individuals involved, along with contact information;
2. Area of the body potentially exposed;
3. Determination of potential exposure. (i.e.: physical injury resulting in copious bleeding with exposure of caregivers, or mucous membrane exposure to blood or body fluids); and
4. Determination of presence of a barrier such as clothing or personal protective equipment preventing exposure will be considered.
C. If the School Health Nurse determines a potential risk of exposure exists, nurse will:
1. Document findings in School Nurse Office;
2. Notify School Nurse Supervisor of incident and plans for referral for care;
3. Notify each individual involved (or parent/guardian, if a minor) of incident and, if deemed appropriate, the referral for additional medical treatment; and
4. Implement Union County Public School Exposure to Bloodborne Pathogens Administrative Guidelines.
D. The School Health Nurse will determine the identity and facility affiliation of the Primary Care Provider (PCP) for each individual involved and implement policies and procedures as indicated below:
1. Union County Public Schools (UCPS) employees will be referred to his/her respective principals/supervisors of an employee injury report. School Health Nurse should be contacted for exposure determination when needed.
2. Students will be referred to their Primary Care Physician for evaluation and follow-up.
3. Visitors will be referred to their Primary Care Physician/Health Director at Union County Health Department for evaluation and follow-up.
Student Exposure:
1. If onsite when an incident occurs, the School Health Nurse will follow established School Health Manual Procedures.
2. The School Health Nurse will complete the Medical Doctor (M.D.) Referral Letter (BBP-1), the Follow-Up Form (BBP-2), and the Authorization for Exchange of Confidential Information Form (BBP-3).
3. The School Health Nurse will instruct the student/parent to present the MD Referral Form to his/her healthcare provider for medical evaluation, follow-up and treatment, if indicated.
4. The School Health Nurse will provide all applicable information to School Nurse Supervisor for continuation of care and PCP communications as indicated.
5. The School Nurse Supervisor may act as a liaison between all parties to assist in obtaining medical care and exchange of pertinent information among medical providers.
6. All costs incurred will be the responsibility of the family involved.
UCPS Employee Exposure:
1. The School Health Nurse will follow Procedures A (if on site when incident occurs) B and C and contact the employee’s principal/supervisor and/or UCPS Safety Director.
2. The School Health Nurse will assist in completion of the employee injury form.
3. The School Health Nurse will complete the Follow-Up Form (BBP-2) if the incident involved someone other than an employee (student or visitor) where communication will need to take place between UCPS occupational medicine provider Carolina OccMed and a personal Primary Care Provider (PCP) for the other involved individual.
4. The School Health Nurse will instruct the employee to proceed to OccMed in Monroe for a confidential medical evaluation and treatment.
5. The School Health Nurse Supervisor may act as a liaison between all parties to assist in obtaining medical care and exchange of pertinent information among medical providers.
6. All costs incurred will be the responsibility of UCPS.
Visitor Exposure:
1. If onsite when an incident occurs, the School Health Nurse will implement established School Health Manual Procedures.
2. The School Health Nurse will complete the Medical Doctor (M.D.) Referral Letter (BBP-1), the Follow-Up Form (BBP-2), and the Authorization for Exchange of Confidential Information Form (BBP-3).
3. The School Health Nurse will instruct the individual to present the Medical Doctor (M.D.) Referral Form (BBP-1) to his/her healthcare provider for medical evaluation, follow-up and treatment, if indicated.
4. The School Health Nurse will fax copies of BBP-1, 2, 3 and 4 to School Nurse Supervisor for continuation of care and Primary Care Provider (PCP) communications as indicated.
5. The School Nurse Supervisor may act as a liaison among all parties to assist in obtaining medical care and exchange of pertinent information among medical providers.
6. All costs incurred will be the responsibility of the individual involved.
Approved: 6/20/06
Policy References
3-5 Drug-Free Workplace
Revisions History: 06/02/2020, 01/09/2020, 03/05/2019, 05/01/2012, 09/05/2006, 12/06/1994 Approved 11/02/1993
Related Policies & Documents: 3-5 AG (a)
The Board recognizes that reducing drug and alcohol abuse in the workplace improves the safety, health, and productivity of employees and students. The Board must assure its work environments are free of employees who are in possession of illegal drugs or alcohol, use either on school property or at a school sponsored event or are under the influence of alcohol or have illegal drugs in their system, or who are abusing prescription drugs. It is the purpose of this policy to ensure that all employees are reasonably free of the presence of these substances, in order to maintain a safe and orderly environment. Actions that obstruct or inhibit the achievement of a drug-free workplace are unacceptable.
This policy shall govern each Union County Public School employee, independent contractor, volunteer, and visitor:
a. While on any property owned or leased by the Board.b. At any time during which the employee is acting within the course and scope of his/her employment with the Board. For persons not employed by the Board, this policy applies when acting within the course of their relationship (i.e. contractual relationship or volunteer capacity) with the Board.c. At any time that an employee’s violation of the policy might have a direct and adverse effect upon his/her performance. For persons not employed by the Board, this policy applies when the violation would impact his/her performance (i.e. under the contract or as a volunteer).d. At any time an employee, independent contractor, or volunteer performs a “covered duty” as defined by the U.S. Department of Transportation.
It is a condition of employment with the Union County Public Schools that each employee fully complies with this policy.
DEFINITIONS
“Alcohol:” The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl or isopropyl alcohols.
“DOT Covered Employees”: Any parent, volunteer, or employee, whether full, part- time, or temporary whose duties require a commercial drivers license (CDL) and/or regulated by the U.S. Department of Transportation, on behalf of the school system, by way of example and not limitation, bus drivers (regular and activity), driver of a vehicle designed to transport 16 or more people (including the driver), or any other vehicle that meets the definition of commercial motor vehicle under 49 C.F.R.. 382.107 and drivers of fuel trucks. This term shall also include, for purposes of alcohol and drug testing, employees of any independent contractor who operates the above-referenced regulated vehicles.
“Illegal Drugs:” Any controlled substance, as defined in the North Carolina Controlled Substance Act, Chapter 90, Article 5, of the General Statutes of North Carolina which chapter is incorporated herein by reference.
“Impaired:” (1) When an employee’s behavior or performance is affected to an observable extent by alcohol, drugs, or other substances. (2) Without regard to an employee’s behavior or performance, an employee shall be deemed to be impaired when his/her alcohol content level is at or above the level allowed for drivers of commercial vehicles under the Motor Vehicle Laws of North Carolina.
“Positive Alcohol Test:” Identification of an alcohol content level at or above .04% by use of breath analyzer, or laboratory analysis of blood, urine, saliva, or breath sample. DOT Covered Employees are subject to temporary removal from covered duties for a period of 24 hours if their alcohol breath test is .02 or greater but less than .04.
“Positive Drug Test:” Identification of a controlled substance at or above the threshold values designated by the National Institute on Drug Abuse (NIDA) in a urine or blood sample by an immunoassay screening and confirmed by gas chromatography with mass spectrometry. DOT Covered Employees are considered positive when their test is at or above the threshold levels established by the Department of Health and Human Services as required by DOT.
PROHIBITED ACTS
A. Prohibited ActivitiesThe Board prohibits employees from possessing, using, selling, delivering, manufacturing, or being under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, alcohol, stimulants, synthetic cannabinoids, counterfeit substance, or any other controlled substance as defined in (1) Schedules I through VI of the North Carolina Controlled Substances Act or in (2) Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and further defined by regulation at 21 C.F.R. 1300.01 through 1300.04 and 21 C.F.R. 1308.11 through 1308.15 at any time this policy is applicable. Employees must not be under the influence of alcohol or be impaired by the excessive use of prescription or nonprescription drugs at any time this policy is applicable.
The Board prohibits the following: unlawful manufacture, sale, distribution, dispensing, possession, or use of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, cocaine, anabolic steroids, alcohol, stimulants, synthetic cannabinoids, counterfeit substance, or any other controlled substance as defined in (1) Schedules I through VI of the North Carolina Controlled Substances Act or in (2) Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and further defined by regulation at 21 C.F.R. 1300.01 through 1300.04 and 21 C.F.R. 1308.11 through 1308.15.
APPLICABILITY
This policy governs each employee before, during, and after school hours while the employee is on any property owned or leased by the Board; at any time during which the employee is acting in the course and scope of his or her employment with the Board; at any time that the employee’s violation of this policy has a direct and adverse effect upon his or her job performance; and at any time an employee performs a “covered duty” as defined by the U.S. Department of Transportation.
Independent contractors, volunteers, and visitors are subject to all requirements of this policy while on school property or at a school-sponsored event.
The proper use or possession of a drug authorized by valid medical prescription from a legally authorized health care provider shall not be considered a violation of the policy when the drug is taken by the person for whom the drug was prescribed and according to the use or dosage directed by the physician. An employee using or possessing any drug must, upon request, produce verification of a valid prescription authorizing the medical use of the drug. Employees taking legal prescription or over the counter medicines that have a warning indicating the medication may impair the users’ performance must report such medication use to their supervisor before performing their job responsibilities.
In addition to any Board prohibition: DOT Covered Employees are prohibited from any of the following acts:
• Use of alcohol within four (4) hours prior to duty.• Use of alcohol within eight (8) hours following an accident while operating a commercial motor vehicle or until undergoing a post-accident alcohol test, whichever occurs first.• Use of any controlled substances, except as prescribed by a licensed physician with knowledge of the employee's safety sensitive job function.• A test result of .04 or greater on a DOT alcohol test.• A confirmed positive test result on a DOT drug test.• Refusal to participate in a DOT alcohol or drug test.
PENALTIES FOR NONCOMPLIANCE
Violation of this policy shall subject an individual to disciplinary action by the Board that could result in termination of employment with the Union County Public Schools.
In circumstances where discipline short of dismissal is appropriate, emphasis shall be given to rehabilitation of the employee. A manager or supervisor may recommend the Employee Assistance Program (EAP) to the employee. The employee should be given an EAP Information Card and inform him/her how to contact EAP.
DOT Covered Employees who are not dismissed by the Board must complete the required evaluation by a qualified Substance Abuse Professional (SAP), complete the treatment specified by the SAP and pass a return to duty alcohol and drug test and be subject to a minimum of six (6) follow-up alcohol and drug tests during the 12 months following the violation.
Specifically, the Board directs that:
A. Conviction of a crimeAny employee who is convicted or pleads guilty or no contest to a felony involving selling, distributing, possessing and/or using illegal drugs in violation of state or federal law shall be dismissed. In addition, if any employee or volunteer whose duties involve driving of a district-owned vehicle is convicted, pleads guilty or no contest to a charge of driving while impaired of alcohol or other drugs growing out of conduct occurring either on or off duty, he/she shall subject to disciplinary action up to and including dismissal.B. Possession, distribution and useAny employee whom the Board finds has sold or distributed illegal drugs or alcohol while on duty shall be dismissed. Use of alcohol/drugs in association with the operation of any Board vehicle will result in dismissal. Any employee who possesses or uses or is found to be under the influence of illegal drugs or alcohol or to be abusing prescription drugs while on duty shall be subject to disciplinary action up to and including dismissal.C. Independent contractorsViolation of this policy by an employee of an independent contractor may result in immediate termination of the contract.D. A second positive alcohol/drug testAny employee who has a second positive drug or alcohol test, for any reason, will be subject to immediate dismissal.E. Development of procedures for implementationThe Superintendent shall develop any necessary administrative rules and/or procedures for the implementation of this policy on a system wide basis.
TESTING
Any drug or alcohol testing required by UCPS will be arranged for and provided at no cost to the person(s) being tested. Each person who is requested to take a drug test must report to the drug testing site within two hours of being notified by their supervisor or designated school official. Each person must remain at the site until dismissed by the drug testing coordinators.
A. Reasonable Suspicion to search: An employee may be subjected to a search of his or her person or belongings or of school property under the employee’s control if there is reasonable suspicion that the employee has violated this policy. Any employee or employees of an independent contractor may berequired to submit to a drug or alcohol test when there is reasonable suspicion to believe that the employee or independent contractor is using alcohol or illegal drugs or abusing prescription drugs in the workplace. Reasonable suspicion shall be based on specific, contemporaneous observations concerning the physical, behavioral, speech, and/or performance indicators of drug or alcohol use. The observations must be made by a supervisor or other school system official with training or experience in such indicators.Examples of what may constitute “reasonable suspicion” include, but are not limited to:
1. Direct observation of drug or alcohol use or possession.2. Direct observation of the physical symptoms of intoxication or drug use.3. A pattern of abnormal conduct or erratic behavior.4. Information provided by a reliable source or which has been independently corroborated.5. Recent arrest or conviction for a drug-related offense, or reliable information that the employee is the focus of a criminal investigation involving a drug offense.
All drug and alcohol testing will be done with procedures that ensure the confidentiality and privacy interests of the employee and in accordance with law. Employees who refuse to submit to a search or a test to detect alcohol or drug use after reasonable suspicion is established may be suspended immediately pending consideration of a decision to terminate employment.
In addition, any employee, volunteer, or independent contractor who operates a district owned motor vehicle or performs other safety-sensitive functions in the course of duties for the Board may be subject to drug and alcohol testing.
B. Refusal to submit to test: Any employee who refuses to submit to a drug or alcohol test in accordance with this policy will be subject to disciplinary action up to and/or including dismissal. Independent contractors whose employees refuse to submit to a drug or alcohol test may have their contract for services terminated. Any individual tampering with a sample by substituting or contaminating a specimen will be subject to disciplinary action up to and including dismissal. DOT Covered Employees refusing to be tested for alcohol will be subject to the same disciplinary actions as those who test positive for these substances.
REHABILITATION
In those cases where discipline less than dismissal is appropriate under this policy and where there appears to be a reasonable possibility of rehabilitating an employee, he/she shall be required to participate, at the employee’s expense, in a drug abuse assistance rehabilitation program or through Union County Public Schools Employee Assistance Program. If the employee refuses to cooperate or to complete the program satisfactorily, then the employee shall be subject to disciplinary action up to and including dismissal. The rehabilitation program will include an agreement by the employee to allow unannounced periodic testing for drugs and alcohol for a period of up to sixty (60) months after completion of the rehabilitation program and/or return to work. If the employee is found to have committed a subsequent drug or alcohol offense after entering the program, then the employee shall be dismissed; or if found to have committed a subsequent alcohol offense, then the employee shall be disciplined, up to and/or including dismissal. DOT Covered Employees must complete the rehabilitation required by the Substance Abuse Professional (SAP) BEFORE being returned to covered duties.
CONFIDENTIALITY
Information obtained through implementation of this policy is intended to be used solely for the purpose of protecting the health and safety of students and employees. The confidentiality of all test results will be maintained as required by applicable laws, with only those persons having a need to know being informed of the results. DOT Covered Employees will have to provide a signed release statement for all previous employers for whom DOT regulated services have been provided. Releases of any statements regarding testing with the school system will only be made upon receipt of a duly authorized written release from the employee, volunteer or former employee.
NOTIFICATION
A copy of this policy shall be given to all employees and volunteers upon initial employment or volunteer application approval. Failure to provide a copy, for whatever cause, does not excuse strict adherence to this policy by all employees, volunteers and independent contractors.
CONTRACT PROVISIONS
Independent contractors providing services through their employees as set out in this policy will:
1. Be furnished a copy of this policy at the time of contracting with the Board; and2. Be included in all such independent contractor contracts by a referral to the “Drug-Free Workplace” policy.
ADDITIONAL RULES FOR COMMERCIAL VEHICLE OPERATORS
The purposes of this policy are to help ensure the safe operation of school vehicles and to comply with federal law and regulations by establishing a comprehensive program for the drug and alcohol testing of school bus drivers and all other commercial motor vehicle operators employed by the Board.
A. APPLICABILITY
This policy applies to any driver which for purposes of this policy is defined as any employee, volunteer, or independent contractor whose duties for the Board require a CDL under federal law, including those defined above. Employees who operate vehicles for inspection, service, or maintenance purposes are included in this definition.
B. PROHIBITED ACTS
In addition to the prohibited actions outlined under Prohibited Acts above, no driver may:
• operate any school bus or school activity bus while consuming alcohol or while alcohol remains in the driver’s body, in violation of G.S. 20-138.2B;• use alcohol while performing safety-sensitive functions;• perform safety-sensitive functions within four hours after using alcohol;• use alcohol following an accident while operating a commercial motor vehicle;• report for or remain on duty requiring the performance of safety-sensitive functions when the driver uses any Schedule I drug or substance; or• report for or remain on duty requiring the performance of safety-sensitive functions when the driver uses any non-Schedule I drug or substance that is identified in the other federal schedules of controlled drugs, unless such use is pursuant to the instructions of a licensed medical practitioner who is familiar with the driver’s medical history and has advised the driver that use of the substance will not adversely affect the driver’s ability to safely operate a commercial motor vehicle.
Safety-sensitive functions include, but are not limited to, inspecting, servicing, or conditioning any commercial motor vehicle; operating any commercial motor vehicle; participating in or supervising the loading or unloading of a commercial motor vehicle; and repairing, obtaining assistance for, or remaining in attendance upon a disabled vehicle.
In addition, drivers and anyone who supervises drivers must not commit any act prohibited by federal law, including the federal regulations entitled “Controlled Substances and Alcohol Use and Testing” (49 C.F.R. pt. 382, hereinafter referred to as Part 382).
C. TESTING
Human Resources will carry out pre-employment, post-accident, random, reasonable suspicion, return-to-duty, and follow-up testing for drugs and alcohol as required by Part 382.
Federal regulations prohibit a driver who is tested under the provisions of this section and found to have an alcohol concentration of at least .02 from performing safety-sensitive functions for at least 24 hours following administration of the test. Drivers who are tested under the provisions of this section and found to have any alcohol in their system are subject to additional discipline under this policy, including dismissal.
D. EMPLOYEE AND APPLICANT INQUIRIES
All employees subject to this policy, all employees who would become subject to this policy by virtue of a change or expansion of duties, and all applicants who would be subject to this policy if employed by the Board must consent in writing to the release of any information gathered pursuant to Part 382 by any previous employers and must give written or electronic consent to any query by school officials of the federal Commercial Driver’s License Drug and Alcohol Clearinghouse (“Clearinghouse”).
1. Pre-Employment InquiryBefore employing any applicant subject to this policy, school officials shall obtain, pursuant to the applicant’s written consent, all records maintained by the applicant’s previous employer regarding violations of Part 382 in the three years prior to the inquiry date. School officials shall also conduct a query of the Clearinghouse, pursuant to the applicant’s electronic consent submitted through the Clearinghouse, to obtain any information regarding the applicant’s violations of Part 382.If school officials obtain information from the applicant’s previous employer or from the Clearinghouse that the applicant committed a violation of Part 382 and has not subsequently completed the return-to- duty process required under federal law, the applicant may be disqualified from employment.2. Annual QuerySchool officials shall conduct a limited query of the Clearinghouse at least once per year for each employee subject to this policy, pursuant to the employee’s written or electronic consent, to determine whether information exists about the employee regarding violations of Part 382. If information exists about the employee, school officials shall obtain the information in the Clearinghouse within 24 hours of conducting the limited query, subject to the employee’s electronic consent submitted through the Clearinghouse.
E. TRAINING AND EDUCATION
Each driver and supervisory employee, including principals and assistant principals, must be provided with educational materials that inform the employees of drug testing procedures, prohibited acts, consequences, and other aspects of Part 382, this policy, and any accompanying administrative procedures. The information also will identify a school system employee who is responsible for providing information on substance abuse. Each employee must sign a statement certifying his or her receipt of these materials.
Each supervisor who is responsible for overseeing the performance of drivers, including principals and assistant principals, must undergo at least one hour of training concerning alcohol misuse and one additional hour of training concerning drug abuse.
F. DUTY TO REPORT
An employee must notify his or her supervisor and the Executive Director of Human Resources in writing of any arrest, charge, or conviction under any criminal drug statute. Notification must be given no later than the next scheduled business day after such arrest, charge, or conviction unless the employee is hospitalized or incarcerated, in which case the employee must report the alleged violation within 24 hours after his or her release. The notification must be given and before the employee reports to work. Within 10 days of receiving a notice of a criminal drug statute conviction for a violation occurring in the workplace by an employee whose position is funded in any part by a federal grant, the Executive Director of Human Resources, or designee, shall notify the appropriate officials, including but not limited to the funding agency, of the conviction. “Conviction” as used in this policy includes the entry in a court of law or military tribunal of: (1) a plea of guilty, nolo contendere, no contest, or the equivalent; (2) a verdict or finding of guilty; or (3) a prayer for judgment continued (“PJC”) or a deferred prosecution.
Each driver who commits acts prohibited by Part 382 or G.S. 20-138.2B, other than provisions governing pre-employment testing, will be provided with information concerning resources available for evaluating and resolving drug or alcohol misuse. This information will include the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs.
H. CONSEQUENCES
Employees who have committed a prohibited act; refused any test required by this policy; or otherwise violated this policy, G.S. 20-138.2B, or Part 382 will be subject to disciplinary action, up to and including dismissal.
Any employee who has committed a violation of Part 382 will not be allowed to perform any safety-sensitive functions until the employee has completed the return-to-duty process, including an evaluation by a substance abuse professional, completion of any appropriate treatment designated by the substance abuse professional, and achievement of a negative return-to-duty test. Moreover, if the employee’s violation of Part 382 has been reported to the Clearinghouse, the employee may not resume safety-sensitive functions until a query of the Clearinghouse demonstrates that the employee completed the return-to-duty process.
I. PROCEDURES
All procedures for collection and testing provided in the Federal Highway Administration’s “Procedures for Transportation Workplace Drug and Alcohol Testing Programs” (49 C.F.R. pt. 40) and all requirements in Part 382, including testing, reporting, record retention, training, and confidentiality, will be followed. Copies of these federal regulations will be readily available. The Superintendent shall develop any other procedures necessary to carry out these regulations.
LEGAL REF.: N.C.G.S. 20-138.2B; 90-89 to -94; 115C-36; N.C.G.S. 115C-81 (a3);
N.C.G.S. 115C-407; 20 U.S.C. § 7101 “Safe and Drug Free Schools and Communities”; 41 U.S.C. § 701 “Drug Free Workplace Act of 1988; NCGS § “Commercial Drivers’ License Act”; 49 U.S.C. 31306; 49 C.F.R. pts. 40, 382; 49 U.S.C. 36 “Federal Commercial Motor Vehicle Act of 1986”; 21 U.S.C. 812; 41 U.S.C. 8101 et seq.; 21 C.F.R. 1300.01-.04 and 1308.11-.15; O’Connor v. Ortega, 480 U.S. 709 (1987)
CROSS REF.: Board Policy 3-5a, Use of Tobacco Products
Board Policy 4-3, Student Discipline
4-3 Code of Student Conduct, Administrative Guidelines
UNION COUNTY BOARD OF EDUCATION APPROVED: 11/2/93
REVISED: 12/6/94
REVISED: 9/5/06
REVISED: 5/1/12
REVISED: 3/5/19
REVISED: 1/9/20
Policy References
N.C.G.S. 20-138.2B; 90-89 to -94; 115C-36; N.C.G.S. 115C-81 (a3);
N.C.G.S. 115C-407; 20 U.S.C. § 7101 “Safe and Drug Free Schools and Communities”; 41 U.S.C. § 701 “Drug Free Workplace Act of 1988; NCGS § “Commercial Drivers’ License Act”; 49 U.S.C. 31306; 49 C.F.R. pts. 40, 382; 49 U.S.C. 36 “Federal Commercial Motor Vehicle Act of 1986”; 21 U.S.C. 812; 41 U.S.C. 8101 et seq.; 21 C.F.R. 1300.01-.04 and 1308.11-.15; O’Connor v. Ortega, 480 U.S. 709 (1987)
CROSS REF.: Board Policy 3-5a, Use of Tobacco Products
Board Policy 4-3, Student Discipline
4-3 Code of Student Conduct, Administrative Guidelines
3-5 AG (a) Drug-Free Workplace
Revisions History: Adopted 03/05/2019
DRUG-FREE WORKPLACE 3-5
Administrative Guidelines
Definitions:
Fleet Vehicles: Operating a covered vehicle on behalf of the school system including,
a. Vehicles <26,000 lbs., i.e. passenger vehicles requiring a state issued driver’s licenseb. Vehicles grossing > 26,000 lbs. and/or those requiring the driver’s license designation of commercial driver’s license, CDL including but not limited to yellow buses, activity buses, etc.
Procedures:
Pre-Employment Drug Screen:
Prior to driving a UCPS fleet vehicle, all employees will be subjected to a drug test and shall obtain a negative test result.
Random Drug Screening:
The random selection process is monitored and administered by Carolina OccMed. UCPS will provide Carolina OccMed with an updated employment report of a biannual frequency to ensure accuracy in the testing selection. UCPS has contracted with Carolina OccMed to administer the random drug screening selection process.
• Fleet Personnel
Carolina OccMed will select an employee(s) two times, biannual, to submit to a drug and/or alcohol screen.
• Transportation Department:
Carolina OccMed will select an employee(s) on a monthly basis, to submit to a drug and/or alcohol screening as determined by the selected cluster location.
Testing Protocol:
Employees requested to submit to a drug screen will be:
• Notified by their immediate supervisor of the random drug/alcohol test.• Instructed to report directly to the testing site immediately after receipt of and confirmation with their supervisor that they have received notification of selection.
o In the event that there is a conflict with the notification, the employee will be responsible to communicate with the UCPS drug testing administrator regarding test scheduling.
• Permitted to leave the testing site only after their test is complete and they are dismissed by the testing coordinator and/or supervisor.• Required to produce a reasonable testing specimen within the allotted time by the drug testing coordinator.
o Failure to do so may result in a positive drug/alcohol test.
• Instructed that failure to follow drug/alcohol testing procedures will result in immediate disciplinary action up to and including termination.• Employee(s) operating non-CDL fleet vehicles will not be permitted to operate a fleet vehicle until his/her supervisor receives a negative post-accident urinalysis and/or breath analysis test results as follows:
o Employees whose initial post-accident urinalysis and/or breath analysis are negative will be returned to work without a disruption to service time.o Employees whose initial sample is non-conclusive will not be permitted to operate a fleet vehicle until laboratory analysis has been completed.
Employees operating a fleet vehicle out of county, i.e. field trip or athletic event, at the time of the notification, will report as soon as feasible. In the event that the employee is unable to return to the county during normal operating hours, the employee will:
• Notify the supervisor of their location at the time of receipt of notification. The employee will be expected to provide details to the supervisor including but not limited to the duration of the trip, estimated time employee will be back in county.
o If a driver/teacher is on a field trip (day only) – they are to report to Carolina OccMed when they return from the trip.
• If the employee provides the supervisor with information regarding the trip, which allows the supervisor to conclude that the employee will not return in county until after operating hours, the supervisor will be accountable to:
o Document the information in an email inclusive of the employee, department director and/or supervisor and the UCPS drug testing administrator.o Notify the employee that they are to report to the Carolina OccMed, prior to reporting to work on the next calendar day and submit to the required screening.
o Document the communication given to the employee
An alternate may be necessary under the following conditions:
• The individual is out on FMLA.
• The individual has called out sick that day.• If a driver/teacher is on a field trip overnight.• If a driver/teacher has been out several days and is absent on the day of drug testing, you may select an alternate.
• Employees utilizing Atrium Health after normal business hours will require that the supervisor complete and send to them the authorization for services form found on the UCPS website with the Employee Injury Report documentation. The form is located on the UCPS website by logging into the website and accessing district forms.
Reasonable Suspicion
Any employee or employee(s) of an independent contractor may be required to submit to a drug or alcohol test when there is reasonable suspicion to believe that the employee or independent contractor is using alcohol or illegal drugs or abusing prescription drugs in the workplace.
Examples of what may constitute “reasonable suspicion” include, but are not limited to, the following:
• Direct observation of drug or alcohol use or possession
• Direct observation of the physical symptoms of intoxication or drug use
• A pattern of abnormal conduct or erratic behavior
• Information provided by a reliable source or which has been independently corroborated• Recent arrest or conviction for a drug-related offense, or reliable information that the employee is the focus of a criminal investigation involving a drug offense
Employees requested to submit to a drug/alcohol screen, due to reasonable suspicion, will be escorted to the testing facility by his/her supervisor or designee.
Post-Accident:
Any employee or employee(s) of an independent contractor subject to this procedure may be required to submit to a drug or alcohol test when they have been involved in a fleet vehicle accident.
Federal Department of Motor Carrier DOT testing requirements:
Fleet Vehicle accidents not subject to the DOT testing guidelines listed above may be tested as follows:
• Issuance of a citation by the responding law enforcement entity• Failure to report the incident
• Leaving the scene of an accident• Causation, i.e. reasonable suspension
Refusal to Submit to Test:
Any employee who refuses to submit to a drug or alcohol test in accordance with this procedure will be subject to disciplinary action up to and/or including dismissal. Independent contractors whose employees refuse to submit to a drug or alcohol test may have their contract for services terminated.
Any individual tampering with a sample by substituting or contaminating a specimen will be subject to disciplinary action up to and including dismissal.
Employees subject to these guidelines who report to the testing site as outlined in UCBOE Policy 3-5, Drug-Free Workplace, and voluntarily leave the testing site, will be agreeing to a test result of “positive”.
• Consult with UCPS designated MRO provider Carolina OccMed to initiate the test review.
• Carolina OccMed, in conjunction with UCPS, will coordinate with the employee to schedule a timely review of laboratory results and personal medical information.
• The MRO will collect and analyze all applicable information such as, but not limited to, the employee, his/her drug/alcohol test specimen, personal medical history, etc.
• The MRO will make the final determination of the drug/alcohol screen result and communicate through written notification to UCPS.
Note: In the event that the employee does not agree with the MRO determination, he/she has the right to have the remaining collected specimen tested at an independent agency at his/her expense.
Policy References
3-5 a Use of Tobacco Products
Revisions History: 07/07/2020, 12/04/2018, 05/07/2013, 11/13/2007, 03/02/2004, 02/05/2002, 10/30/1997, 12/06/1994 Approved 03/23/1993
The Board promotes the health and safety of all students and staff and the cleanliness of all school facilities. The Board believes that the use of tobacco products on school grounds, in school buildings and facilities, in or on any other school property owned or operated by the Board, or at school-related or school-sponsored events is detrimental to the health and safety of students, staff, and school visitors. The use of tobacco products is a health, safety, and environmental hazard for students, employees, visitors, and school facilities. In order to promote positive role models in schools and provide a healthy learning and working environment, the Board adopts the following policy.
No one is permitted to use any tobacco product at any time including non-school hours - in any building, property, or vehicle owned, leased, rented or contracted by the school district; on school grounds, athletic grounds, or parking lots; or at any school-sponsored event off campus. Signs will be posted on all school campuses forbidding the use of tobacco products at any time, by any person, on school grounds. This prohibition pertains to all persons on school property, including but not limited to students, employees and other persons performing services or activities on behalf of the district, volunteers, contractors, visitors and parents.
Tobacco products may be displayed for a legitimate instructional or pedagogical purpose, conducted or supervised by a staff member. The activity may not include smoking, chewing or otherwise ingesting the tobacco product.
The Superintendent, or designee, will consult with the Union County Health Department and other appropriate organizations to provide employees with information about support systems and programs to encourage employees to abstain from the use of tobacco products. The District may, from time to time, provide free non-smoking programs and services to employees of the school system after the regular school day.
The Board strongly encourages students and staff to participate in school and community programs designed to prevent and cure tobacco addiction (see below).
For purposes of this policy, “tobacco product” is defined as any product that contains or is made or derived from tobacco and is intended for human consumption, to include cigarettes, all lighted and smokeless tobacco products, as well as electronic or smokeless cigarettes, vaporizers, and other electronic smoking devices even if they do not contain tobacco or nicotine, cigars, pipes, chewing tobacco, snuff, and any other items containing or reasonably resembling tobacco or tobacco products. “Tobacco use” includes smoking, chewing, dipping, or any other use of tobacco products.
Students and employees who violate this policy are subject to disciplinary action (see cross references below for applicable policies). All newly hired employees will receive a copy and explanation of this policy. The policy will be reviewed with all employees on a yearly basis.
SCHOOL TOBACCO EDUCATION PROGRAM
The Tobacco Education Program is part of a comprehensive approach to preventing and reducing tobacco use in our school system. It helps make students aware that smoking or chewing tobacco has dire consequences and that tobacco use is the leading preventable cause of death in our country.
Adult Cessation Program
Union County Public Schools (UCPS) Safe and Drug-Free Schools Coordinator will provide a tobacco use cessation class to interested employees.
LEGAL REF.: G.S. 14-313; 115C-47; 115C-407; Pro-Children Act of 1994, 20 U.S.C. 6081 et seq.; 21 U.S.C. 321 (rr); 21 C.F.R. 1100 et seq.
CROSS REF.: Board Policy 3-1, Staff Responsibilities
Board Policy 4-3, Student Discipline
4-3, Code of Student Conduct, Administrative Guidelines
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 12/6/94
REVISED: 10/30/97
REVISED: 2/5/02 (School Tobacco Education Program added)
REVISED: 3/2/04
REVISED: 11/13/07
REVISED: 5/7/13
REVISED: 12/4/18
REVISED: 7/7/20
Policy References
G.S. 14-313; 115C-47; 115C-407; Pro-Children Act of 1994, 20 U.S.C. 6081 et seq.; 21 U.S.C. 321 (rr); 21 C.F.R. 1100 et seq.
CROSS REF.: Board Policy 3-1, Staff Responsibilities
Board Policy 4-3, Student Discipline
4-3, Code of Student Conduct, Administrative Guidelines
3-6 Staff-Student Relations
Revisions History: 06/01/2021, 12/01/2020, 12/03/2019, 11/08/2018, 08/04/2015, 06/23/2009 Approved 04/20/2004
The Board expects all employees to maintain the highest professional, moral, and ethical standards in their interactions with students. Employees are required to provide an atmosphere conducive to learning through consistently and fairly applied discipline and established and maintained professional boundaries. Employees are expected to motivate each student to perform to the student’s capacity while modeling the behavior expected of students in staff-student relationships.
The relationship between staff and students should be one of cooperation, understanding, and mutual respect, and an understanding of the appropriate boundaries between adults and students inside and outside of the educational setting. The staff has the responsibility to provide an atmosphere conducive to learning and to motivate each student to perform to the student’s capacity. The staff is expected to model the behavior expected of students in staff-student relationships. Additionally, staff is to, at all times, maintain a strictly professional and courteous relationship with students.
For the purposes of this policy, the terms “staff” and “employees” include independent contractors, school safety officers, and volunteers, but do not include student employees or student volunteers.
ROMANTIC RELATIONSHIPS AND SEXUAL CONTACT PROHIBITED
All employees, except student employees, are prohibited from dating, courting, or entering into a romantic or sexual relationship with any student enrolled in the school district regardless of the student’s age. Employees engaging in such inappropriate conduct will be subject to disciplinary action, up to and including dismissal, and may be subject to criminal action as provided in N.C.G.S. 14-202.4 and 14-27.7.
RESTRICTIONS ON ELECTRONIC COMMUNICATIONS
Employees are prohibited from communicating with current students through non-school-controlled social media without written parental permission (except to the extent that the employee and student have an appropriate relationship which originated outside of the school setting) and written permission from the employee’s immediate supervisor. Any communication through social media must meet the professional standards established in this policy and must otherwise be consistent with law and all other Board policy.
Instant messages will be treated as a form of communication through social media subject to the terms of this policy, regardless of whether the messaging service is actually provided through a social media service or otherwise.
Employees are prohibited from engaging in other forms of one-to-one electronic communications (e.g., voice, voice mail, email, texting, and photo or video transmission) with students without written prior approval of the employee’s supervisor and the student’s parent. This rule shall not apply, however, if one or more of the following circumstances exist:
a. the communication (1) is for an educational purpose, (2) is conducted through a school system-provided platform which archives all such communications for a period of at least three years, (this requirement does not apply to telephone or voice mail communications), or is conducted via an electronic video-conferencing platform (e.g., Teams, Zoom, Webex, Google Meet) that has been approved by the Superintendent or designee for instructional use, and (3) occurs after the employee has given prior notice to his or her supervisor or designee that such communications will occur;
b. the communication serves an educational purpose and is simultaneously copied or transmitted to the employee’s supervisor or designee and, upon request, to the parent or guardian;
c. the communication is necessary in a bona fide emergency, provided the communication is disclosed to the supervisor and parent or guardian as soon as reasonably possible; or
d. the communication derives from a relationship or association outside of the school setting and occurs with the consent of the parent or guardian, provided such communication is appropriate and does not otherwise violate this or other Board policy.
Any one-to-one electronic communication permitted by this subsection must meet the professional standards established in this policy and must otherwise be consistent with law and all other Board policies. Designated staff dealing with a student in crisis may use one-to-one electronic communication consistent with their professional duties and only to the extent required by the circumstances.
It is the duty of every employee to notify his or her supervisor of any unsolicited one-to-one communication, in any form, electronic or otherwise, received from a student when the communication lacks a clear educational purpose. School counselors are excluded from this requirement only to the extent that it conflicts with their professional duties.
Violations of this section will be considered unprofessional behavior subject to discipline up to and including termination. Factors that may be relevant to the determination of an appropriate disciplinary response to unauthorized communications with students include, but are not limited to:
• the content, frequency, subject, and timing of the communication;
• whether the communication was appropriate given the student’s age and maturity level;
• whether the communication could reasonably be viewed as a solicitation of sexual contact, or the courting of a romantic relationship including grooming behavior;
• whether there was an attempt to conceal the communication from the employee’s supervisor and/or the parent or guardian;
• whether the communication caused a disruption of the educational environment; and
• whether the communication harmed the student in any manner.
REPORTING INAPPROPRIATE CONDUCT
Any employee who has reason to believe that another employee is inappropriately involved with a student, as described above, is required to report this information immediately to the Superintendent. An employee who fails to inform the Superintendent of a suspected inappropriate relationship between an employee and a student may be subject to disciplinary action, up to and including dismissal. Any principal who has reason to believe that a student has been the victim of criminal conduct shall immediately report the incident. Any administrator, including the Superintendent, a Deputy/Associate/Assistant Superintendent, a personnel administrator, or a principal, who knows or has reason to believe that a licensed employee has engaged in conduct which would justify automatic revocation of the employee’s license, or involves physical or sexual abuse of a child shall report that information to the State Superintendent of Public Instruction within five working days of any disciplinary action, dismissal, or resignation based on the conduct. For purposes of this subsection, physical abuse is the infliction of physical injury other than by accidental means or in self-defense, and sexual abuse is the commission of any sexual act upon a student or causing a student to commit a sexual act, regardless of consent and the age of the student. Failure to report such conduct may result in the suspension or revocation of an administrator’s license by the State Board of Education. This reporting requirement applies in addition to any duty to report suspected child abuse in accordance with state law.
Any student who believes that he or she or another student has been subject to misconduct that violates this policy should immediately report the situation to the principal, school counselor, or the Title IX coordinator.
LEGAL REF.: Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., 34 C.F.R. pt 106; Elementary and Secondary Education Act, 20 U.S.C. 7926; G.S. 14-27.7, 14-202.4; 115C-47(18); - 270.35(b); G.S. 14-27.32, -202.4; 115C-47(18); 16 N.C.A.C. 6C. .0372, .0373, .0601, .0602; State Board of Education Policy EVAL-014,
CROSS REF.: Board Policy 3-7, Prohibition Against Racism, Unlawful Discrimination, Harassment and Bullying (Employees)
Board Policy 3-7a, Sexual Harassment (Employees)
Board Policy 3-7b, Racism, Discrimination, Harassment and Bullying Complaint Procedure for Employees
Board Policy 4-7, Prohibition Against Racism, Unlawful Discrimination, Harassment and Bullying (Students)
Board Policy 4-7(a), Sexual Harassment (Students)
Board Policy 4-7(b), Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Students
UNION COUNTY BOARD OF EDUCATION
APPROVED: 4/20/04
REVISED: 6/23/09
REVISED: 8/4/15
REVISED: 11/8/18
REVISED: 12/3/19
REVISED: 12/1/20
REVISED: 6/1/21
Policy References
LEGAL REF.: Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., 34 C.F.R. pt 106; Elementary and Secondary Education Act, 20 U.S.C. 7926; G.S. 14-27.7, 14-202.4; 115C-47(18); - 270.35(b); G.S. 14-27.32, -202.4; 115C-47(18); 16 N.C.A.C. 6C. .0372, .0373, .0601, .0602; State Board of Education Policy EVAL-014,
CROSS REF.: Board Policy 3-7, Prohibition Against Racism, Unlawful Discrimination, Harassment and Bullying (Employees)
Board Policy 3-7a, Sexual Harassment (Employees)
Board Policy 3-7b, Racism, Discrimination, Harassment and Bullying Complaint Procedure for Employees
Board Policy 4-7, Prohibition Against Racism, Unlawful Discrimination, Harassment and Bullying (Students)
Board Policy 4-7(a), Sexual Harassment (Students)
Board Policy 4-7(b), Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Students
3-7 Prohibition Against Racism, Unlawful Discrimination, Harassment, and Bullying (Employees)
Revisions History: 12/07/2021, 08/04/2020, 10/02/2018, 02/02/2016, 01/06/2015, 01/05/2010, 03/01/2005 Approved 4/20/2004
The Board believes that all employees and students should be free of racism, unlawful discrimination, including harassment and bullying, as a part of a safe, orderly and inviting working and learning environment. It commits itself to non-discrimination in all its educational and employment activities. The Board expressly prohibits racism, unlawful discrimination, harassment, or bullying however motivated, directed toward any person or group, including, but not limited to acts reasonably perceived as being motivated by any actual or perceived differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, sex (including pregnancy, childbirth, sexual orientation, and gender identity), socioeconomic status, academic status, physical appearance, or mental, physical, developmental, or sensory disability, or by association with a person who has or is perceived to have one or more of these characteristics.
The Board also prohibits retaliation against an employee, student or witness who has exercised any rights made available through state or federal law, including prohibiting retaliation for reporting violations of this policy.
Any violation of this policy is considered serious and school officials shall promptly take appropriate action to address the violation.
A. PROHIBITED BEHAVIORS
Students, school system employees, volunteers, and visitors are expected to behave in a civil and respectful manner. The Board expressly prohibits racism, unlawful discrimination, harassment, and bullying by students, employees, Board members, volunteers, or visitors. “Visitors” include parents, other family members and individuals from the community, as well as vendors, contractors, and other persons doing business with or performing services for the school system.
Students are expected to comply with the behavior standards established by Board policy and the Code of Student Conduct and school and classroom rules. Employees are expected to comply with Board policy, school system regulations and school rules. Volunteers and visitors on school property also are expected to comply with Board policy, school system regulations and established school rules and procedures.
This policy applies to behavior that takes place: (1) in any school building or on any school premises before, during or after school hours; (2) on any bus or other vehicle as part of any school activity; (3) at any bus stop; (4) during any school-sponsored activity or extracurricular activity; (5) at any time or place when the individual is subject to the authority of school personnel; or (6) at any time or place when the behavior has a direct and immediate effect on maintaining order and discipline in the schools.
B. DEFINITIONS
For the purposes of this policy, the following definitions will apply:
1. Racism
Racism means any belief that race is the primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race.
2. Discrimination
Discrimination means any act or failure to act, whether intentional or unintentional, that unreasonably and unfavorably differentiates treatment of others based solely on their membership in a socially distinct group or category, such as race, ethnicity, sex (including pregnancy, childbirth, sexual orientation, and gender identity), religion, age, or disability.
3. Harassment and Bullying
a. Harassment or bullying behavior is deliberate conduct intended to harm another person or group of persons. Such conduct violates this policy when any pattern of gestures or written, electronic, or verbal communications, or any physical act or any threatening communication:
1) places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property; or
2) creates or is certain to create a hostile environment by substantially interfering with or impairing a student’s educational performance, opportunities, or benefits or by adversely altering the conditions of an employee’s employment.
“Hostile environment” means that the victim subjectively views the conduct as harassment or bullying and that the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is harassment or bullying. A hostile environment may be created through pervasive or persistent misbehavior or a single incident, if sufficiently severe.
Harassment and bullying include, but are not limited to, behavior described above that is reasonably perceived as being motivated by any actual or perceived differentiating characteristic or motivated by an individual’s association with a person who has or is perceived to have a differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, sex (including pregnancy, childbirth, sexual orientation, and gender identity), socioeconomic status, academic status, physical appearance, or mental, physical, developmental, or sensory disability. Examples of behavior that may constitute bullying or harassment include, but are not limited to, acts of disrespect, intimidation, or threats, such as verbal taunts, name-calling and put-downs, epithets, derogatory comments or slurs, lewd propositions, exclusion from peer groups, extortion of money or possessions, implied or stated threats, assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons. Harassment and bullying may occur through electronic means (“cyberbullying”), such as through the Internet, emailing, or text messaging, or by use of personal websites to support deliberate and repeated behavior intended to cause harm to persons or groups. Legitimate age-appropriate pedagogical techniques are not considered harassment or bullying.
Harassment, including sexual or gender-based harassment, as described below, is not limited to specific situations or relationships. It may occur between fellow students or co-workers, between supervisors and subordinates, between employees and students, or between non-employees, including visitors, and employees or students. Harassment may occur between members of the opposite sex or the same sex.
Sexual harassment is a form of harassment that violates this policy. For a detailed definition and procedures to address complaints related to sexual harassment, refer to Policy 3-7a Sexual Harassment (Employees).
b. Gender-based harassment is also a type of harassment. Gender-based harassment may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping but not involving conduct of a sexual nature.
C. REPORTING AND INVESTIGATING COMPLAINTS OF DISCRIMINATION, HARASSMENT, OR BULLYING
Any person who believes that he or she has been discriminated against, harassed, or bullied in violation of this policy by any student, employee, or other person under the supervision and control of the school system, or any third person who knows or suspects conduct that may constitute discrimination, harassment, or bullying, should inform a school official designated to receive such complaints, as described in policy 3-7b Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Employees.
Any employee who has witnessed, or who has reliable information that another person may have been subjected to discrimination, harassment, or bullying in violation of this policy must report such conduct. Employees who observe an incident of harassment or bullying are expected to intervene to stop the conduct in situations in which they have supervisory control over the perpetrator and it is safe to do so. If an employee knows of an incident involving discrimination, harassment, or bullying and the employee fails to report the conduct or take proper action or knowingly provides false information in regard to the incident, the employee will be subject to disciplinary action up to, and including, dismissal.
D. RESPONDING TO OCCURRENCES OF DISCRIMINATION, HARASSMENT, OR BULLYING
1. Consequences for the Perpetrator
a. Disciplinary Consequences for Students
Students will be disciplined in accordance with the Code of Student Conduct. Based on the nature and severity of the offense and the circumstances surrounding the incident, the student will be subject to appropriate consequences and remedial actions ranging from positive behavioral interventions up to, and including, expulsion. In addition, the violation may also be reported to law enforcement, as appropriate.
Incidents of misbehavior that do not rise to the level of discriminatory harassment or bullying may violate acceptable standards of student behavior, including, but not limited to, the expectation that students will demonstrate civility and integrity in their actions and interactions with others. The consequences for such behavior will be consistent with applicable Board policy and the Code of Student Conduct. This policy will not be construed to allow school officials to punish student expression or speech based on undifferentiated fear or apprehension of a disturbance or out of a desire to avoid the discomfort and unpleasantness that may accompany an unpopular viewpoint.
b. Disciplinary Consequences for Employees
Employees who violate this policy will be subject to disciplinary action up to, and including, dismissal. In addition, the violation may also be reported to law enforcement, as appropriate. Nothing in this policy will preclude the school system from taking disciplinary action against an employee when the evidence does not establish racism, unlawful discrimination, harassment, or bullying, but the conduct otherwise violates Board policy or expected standards of employee behavior.
c. Consequences for Other Perpetrators
Volunteers and visitors who violate this policy will be directed to leave school property and/or reported to law enforcement, as appropriate. A third party under the supervision and control of the school system will be subject to termination of contracts/agreements, restricted from school property, and/or subject to other consequences, as appropriate.
2. Consideration of Need for More Extensive Response
School administrators shall consider whether the misconduct warrants more than just a response at the individual level. Given the nature and severity of the misconduct, the administrators may determine that a classroom, school-wide, or school system-wide response is necessary. Such classroom, school-wide, or school system-wide responses may include additional staff training, harassment and bullying prevention programs, and other measures deemed appropriate by the Superintendent to address the behavior. The actions taken must be reasonably calculated to end the behavior, eliminate a hostile environment and its effects if one has been created, and prevent recurrence of the behavior.
3. Retaliation Prohibited
The Board prohibits reprisal or retaliation against any person for (a) reporting or intending to report violations of this policy, (b) supporting someone for reporting or intending to report a violation of this policy, or (c) participating in the investigation of reported violations of this policy.
After consideration of the nature and circumstances of the reprisal or retaliation and in accordance with applicable federal, state, or local laws, policies, and regulations, the Superintendent or designee shall determine the consequences and remedial action for a person found to have engaged in reprisal or retaliation.
4. Investigations
All complaints shall be investigated beginning within 48 hours of receiving the complaint, and shall be completed in a timely manner.
E. TRAINING AND PROGRAMS
The Board directs the Superintendent to establish training and other programs that are designed to prevent help eliminate racism, unlawful discrimination, harassment, and bullying and to foster an environment of understanding and respect for all members of the school community. Information about this policy and the related complaint procedure must be included in the training plan. As funds are available, the Board will provide additional training for students, employees, and volunteers who have significant contact with students regarding the Board’s efforts to address discrimination, harassment, and bullying and will create programs to address these issues. The training or programs should (1) provide examples of behavior that constitutes discrimination, harassment, or bullying; (2) teach employees to identify groups that may be the target of discrimination, harassment, or bullying; and (3) train school employees to be alert to locations where such behavior may occur, including locations within school buildings, at school bus stops, on cell phones, and on the Internet.
F. COORDINATORS
The Superintendent or his/her designee will publish the names, addresses, and phone numbers of the “Title IX Coordinator” (for sex discrimination), “Section 504 Coordinator” (for unlawful discrimination on the basis of disability), and the “ADA Coordinator” (also for unlawful discrimination on the basis of disability) in a manner intended to ensure that employees, applicants, students, parents, and other individuals who participate in school district’s program are aware of the coordinators. The purpose of the coordinator positions is to provide additional protection of non-discrimination rights. The coordinator must either (1) implement a resolution to racism, unlawful discrimination, harassment, or bullying complaint, to the extent a resolution can be reached and the coordinator has the authority to implement corrective action or (2) notify the Superintendent that intervention by other school officials is required to resolve the situation.
G. RECORDS AND REPORTING
The Superintendent or his/ her designee shall maintain confidential records of complaints or reports of unlawful discrimination which identify the names of any individuals accused of unlawful discrimination and the resolution of such reports or complaints. The Superintendent also shall maintain records of training, corrective actions, and/or other steps taken by the district to help provide an environment free of racism, unlawful discrimination, harassment and bullying.
The Superintendent shall report to the State Board of Education all verified cases of racism, unlawful discrimination, harassment, or bullying. The report will be made through the Discipline Data Collection Report or through other means required by the State Board.
H. DIVERSITY PROGRAMS
The Board is committed to promoting the worth and dignity of all individuals regardless of race, color, religion, national origin, sex (including pregnancy, childbirth, sexual orientation, and gender identity), age, or disability. The Board directs the Superintendent to establish training and other programs to help eliminate racism, unlawful discrimination, harassment, and bullying and to foster an environment of understanding and respect for all individuals.
I. EVALUATION
The Superintendent is required to evaluate the effectiveness of efforts to correct or prevent racism, unlawful discrimination, harassment, and bullying and will share these evaluations periodically with the Board.
NOTICE
The Superintendent is responsible for providing effective notice to students, parents, and employees of this policy and of the procedures for reporting and investigating complaints of discrimination, harassment, and bullying. The Superintendent must ensure that each school principal provides a copy of this policy and policy on complaints to students, employees, and parents or other responsible care givers at the beginning of each school year. In addition, both policies must be posted on the school system website, and copies of the policies must be readily available in the principal’s office, the media center at each school, and the Superintendent’s office. Notice of the policies must appear in all student and employee handbooks and in any school or school system publication that sets forth the comprehensive rules, procedures, and standards of conduct for students and employees.
LEGAL REF.: Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., 34 C.F.R. pt. 100; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C § 1681 et seq., 34 C.F.R. pt. 106; Equal Employment Opportunity Commission’s “Final Amended Guidelines on Discrimination Because of Sex”; Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 621 et seq.: The Rehabilitation Act of 1973, 29 U.S.C. 701 et seq; the Americans With Disabilities Act, 42 U.S.C. 12134, 28 C.F.R, pt 35; Office of Civil Rights, Sexual Harassment Guidance: Harassment of Student by School Employees, Students or Third Parties, 62 Fed. Reg. 12,034 (1997); Office of Civil Rights, Racial Incidents and Harassment Against Students at Educational Institutions; Investigative Guidance, 59 Fed. Reg. 11,448 (1994); G.S. 126-16; Boy Scouts of America Equal Access Act, 20 U.S.C. 7905, 34 C.F.R. pt. 108; Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, U.S. Department of Education, Office for Civil Rights (2001); Notice of Non-Discrimination, U.S. Department of Education, Office for Civil Rights (2010); Dear Colleague Letter, U.S. Department of Education, Office for Civil Rights, (October 26, 2010), available at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf; Dear Colleague Letter, U.S. Department of Education, Office for Civil Rights, (April 4, 2011) available at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf; Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998); Bostock v. Clayton County, 590 US____, 140 S. Ct. 1731 (2020); G.S. 115C-335.5, -407.15 through -407.18; 126-16; State Board of Education Policy HRS-A-000
CROSS REF.: Board Policy 1-18, Grievances, Complaints, and Appeals
Board Policy 3-7a, Sexual Harassment (Employees)
Board Policy 3-7b, Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Employees
Board Policy 3-10, Grievance Procedure for Employees
Board Policy 4-3, Student Discipline
4-3, Code of Student Conduct, Administrative Guidelines
Board Policy 4-7a, Sexual Harassment (Students)
Board Policy 4-7b, Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Students
UNION COUNTY BOARD OF EDUCATION
APPROVED: 4/20/04
REVISED: 3/1/05
REVISED: 1/5/10
REVISED: 1/6/15
REVISED: 2/2/16
REVISED: 10/2/18
REVISED: 8/4/20
REVISED: 12/7/21
Policy References
LEGAL REF.: Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., 34 C.F.R. pt. 100; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C § 1681 et seq., 34 C.F.R. pt. 106; Equal Employment Opportunity Commission’s “Final Amended Guidelines on Discrimination Because of Sex”; Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 621 et seq.: The Rehabilitation Act of 1973, 29 U.S.C. 701 et seq; the Americans With Disabilities Act, 42 U.S.C. 12134, 28 C.F.R, pt 35; Office of Civil Rights, Sexual Harassment Guidance: Harassment of Student by School Employees, Students or Third Parties, 62 Fed. Reg. 12,034 (1997); Office of Civil Rights, Racial Incidents and Harassment Against Students at Educational Institutions; Investigative Guidance, 59 Fed. Reg. 11,448 (1994); G.S. 126-16; Boy Scouts of America Equal Access Act, 20 U.S.C. 7905, 34 C.F.R. pt. 108; Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, U.S. Department of Education, Office for Civil Rights (2001); Notice of Non-Discrimination, U.S. Department of Education, Office for Civil Rights (2010); Dear Colleague Letter, U.S. Department of Education, Office for Civil Rights, (October 26, 2010), available at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf; Dear Colleague Letter, U.S. Department of Education, Office for Civil Rights, (April 4, 2011) available at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf; Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998); Bostock v. Clayton County, 590 US____, 140 S. Ct. 1731 (2020); G.S. 115C-335.5, -407.15 through -407.18; 126-16; State Board of Education Policy HRS-A-000
CROSS REF.: Board Policy 1-18, Grievances, Complaints, and Appeals
Board Policy 3-7a, Sexual Harassment (Employees)
Board Policy 3-7b, Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Employees
Board Policy 3-10, Grievance Procedure for Employees
Board Policy 4-3, Student Discipline
4-3, Code of Student Conduct, Administrative Guidelines
Board Policy 4-7a, Sexual Harassment (Students)
Board Policy 4-7b, Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Students
3-7 a Sexual Harassment (Employees)
Revisions History: 12/07/2021, Approved 08/04/2020
Related Policies & Documents: 3-7 a AG (a)
The Board acknowledges the dignity and worth of all students and employees and strives to create a safe, orderly, caring, and inviting school environment to facilitate student learning and achievement. The school system does not discriminate on the basis of sex (including pregnancy, childbirth, sexual orientation, and gender identity) in its education programs or activities and is required by Title IX of the Education Amendments Act of 1972 and federal regulations to not discriminate in such a manner. This requirement extends to admission and employment. The Board will not tolerate sexual harassment in the education program and activities of the school system. The Board takes seriously all reports and formal complaints of sexual harassment.
Individuals who believe they have been subjected to sexual harassment prohibited by this policy, have witnessed, or have reliable information that another person has been subjected to sexual harassment prohibited by this policy should use the process provided below.
The Board also provides a grievance process that is designed to achieve prompt and equitable resolution of formal complaints of sexual harassment through a formal investigation and adjudication of the allegations in the complaint or through informal resolution processes. Affected individuals are encouraged to report sexual harassment in accordance with the process below before filing a formal complaint to initiate the grievance process.
A. PROHIBITED BEHAVIOR
The Board expressly prohibits sexual harassment by students, employees, Board members, volunteers, or visitors. “Visitors” includes, but is not limited to, parents, family members, community members, vendors, and contractors.
Sexual harassment prohibited under Title IX and by this policy is conduct on the basis of sex occurring in a school system education program or activity that satisfies one or more of the following:
1. an employee of the school system conditioning the provision of an aid, benefit, or service of the school system on an individual’s participation in unwelcome sexual conduct;
2. unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school system’s education program or activities. This determination requires consideration of all the facts and circumstances, including, but not limited to, the ages and disability statuses of the harasser and the victim and the number of individuals involved and their authority;
3. sexual assault including rape, statutory rape, fondling, and incest;
Sexual assault. A sexual assault is any one of the following offenses:
a. Rape is the penetration of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
b. Statutory rape is sexual intercourse with a child 15 years of age or younger and the perpetrator is at least 12 years old and more than four years older than the victim.
c. Fondling is the touching, underneath the clothing, of a person’s genitalia, anus, buttocks, or breasts without the consent of the victim for purposes of sexual gratification.
d. Incest is sexual intercourse between: (i) grandparent and grandchild; (ii) parent and child/stepchild/legally adopted child; (iii) siblings of half or full blood; or (iv) uncle or aunt and nephew or niece.
4. dating violence (violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship is determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.);
5. domestic violence (violence committed by: a current or former spouse or intimate partner of the victim; a person with whom the victim shares a child in common; a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; a person who is the parent or child of the victim, including others acting in loco parentis to a minor child; a person who is the grandparent or grandchild of the victim; a person who is a current or former member of the victim’s household; a person who is of the opposite sex of, and lives or has lived with, the victim; or a person who is of the opposite sex of, and is or was in a dating relationship with, the victim.); or
6. stalking (engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for personal safety or the safety of others or suffer substantial emotional distress).
Consent. Where lack of consent is an element of the offense, the following definition applies: Consent is informed, freely and affirmatively given through mutually understandable words or actions that indicate a willingness to participate in the sexual activity. Consent can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used. Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Consent to one type of sexual activity does not amount to consent to another type of activity. Prior consent or sexual relations with the same person do not imply future consent. The fact that both people are in a relationship does not, by itself, establish consent. A person cannot consent if they are unconscious, asleep, or impaired to the extent that they do not understand what is going on. Minors under the age of 16 are incapable of giving consent to sexual activity with a person more than four years older than the minor. Consent may never be given by mentally disabled persons if their disability was reasonably knowable to a sexual partner who is not mentally disabled. Consent between parties engaging in sexual activity does not prevent the school system from taking disciplinary action against the parties for violation of any other board policy.
Conduct that satisfies this standard is not sexual harassment for purposes of this policy if the conduct occurred (1) outside the United States or (2) under circumstances in which the school system did not have substantial control over both the harasser and the context in which the harassment occurred.
All references to “sexual harassment” in this policy mean sexual harassment that meets this definition. Examples of conduct on the basis of sex that would be considered sexual harassment if the conduct satisfies the criteria above include, but are not limited to: unwelcome sexual advances; requests for sexual favors; and other verbal or physical conduct of a sexual nature, such as deliberate, unwelcome touching that has sexual connotations or is of a sexual nature; suggestions or demands for sexual involvement accompanied by implied or overt promises of preferential treatment or threats; pressure for sexual activity; continued or repeated offensive sexual flirtations, advances, or propositions; continued or repeated verbal remarks about an individual’s body; sexually degrading words used toward an individual or to describe an individual; sexual assault; sexual violence; the display of sexually suggestive drawings, objects, pictures, or written materials; posting sexually suggestive pictures of a person without the person’s consent; and forwarding pornographic material depicting a classmate or other member of the school community. Acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping but not involving conduct of a sexual nature may also constitute sexual harassment.
Conduct that is determined not to meet the definition above may violate other Board policies or established standards of conduct and will be treated accordingly. For example, conduct that does not meet the definition of Title IX sexual harassment above may nevertheless violate other Board policies. Nothing in this policy is intended to limit discipline for violation of other Board policies when appropriate and consistent with law.
B. DEFINITIONS
The following additional definitions apply in this policy.
1. Report. A report is an oral or written notification that an individual is an alleged or suspected perpetrator or victim of sexual harassment. Making a report initiates the interactive process with the complainant described below. No disciplinary action will be taken against a respondent for sexual harassment based on a report alone.
2. Formal Complaint. A formal complaint is a document signed and filed with the Title IX coordinator by a complainant or signed by the Title IX coordinator alleging sexual harassment against a respondent and requesting that school officials investigate the allegation(s). Filing a formal complaint initiates the grievance process set below in the Title IX Sexual Harassment Grievance Process. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activities of the school system.
3. Complainant. The complainant is the individual(s) who is alleged to be the victim of conduct that could constitute sexual harassment.
4. Respondent. The respondent is the individual(s) who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
5. Grievance Process. Grievance process is the process for investigating and reaching a final determination of responsibility for a formal complaint of sexual harassment.
6. Title IX Coordinator. The Title IX coordinator is a school official who is designated to coordinate the school system’s response to sexual harassment and allegations of sexual harassment. Contact information for the Title IX coordinator is posted on the school system’s website.
7. Supportive Measures. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the school system’s education program and activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the school system’s educational environment, or deter sexual harassment.
Supportive measures available to the parties include, but are not limited to, counseling, mental health services referral, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring, and other similar measures determined by school officials to be necessary to protect the safety or educational or employment activities of a party.
8. Days. Days are calendar days unless specified otherwise.
9. Student(s). “Student(s)” means the student and/or the student’s parent or legal guardian unless the context clearly indicates otherwise. When the complainant or respondent is a student, references to those terms also include the student’s parent or legal guardian unless the context clearly indicates otherwise.
10. Actual Knowledge. “Actual knowledge” means a school employee has notice of sexual harassment or allegations of sexual harassment.
C. REPORTING SEXUAL HARASSMENT
1. Student Reports
Any student who believes he or she is a victim of sexual harassment occurring in the school system’s education programs or activities is encouraged to report the matter to the student’s principal or to the Title IX coordinator. Reports may also be made to a teacher, counselor, assistant principal, teacher assistant, or any other school employee. Students may also report sexual harassment through the tip line, but school officials may be limited in their ability to respond if the report is anonymous and does not identify the complainant.
2. Mandatory Reporting by School Employees and Board Members
Any employee or member of the Board who has actual knowledge of sexual harassment or allegations of sexual harassment occurring in the education program or any activity of the school system must report that information immediately to the Superintendent or Title IX Coordinator.
Any of the following confers “actual knowledge” and must be reported immediately:
a. a report of sexual harassment from a student or other person;
b. the employee or Board member witnesses conduct that is or reasonably could be sexual harassment; or
c. the employee or Board member discovers evidence of sexual harassment, such as sexualized graffiti on school property, or otherwise has reliable information or reason to believe that a student, employee, or other individual may have been sexually harassed in violation of this policy, even if no one has reported the sexual harassment.
Employees who observe an incident of harassment are expected to intervene to stop the conduct in situations in which they have supervisory control over the perpetrator, and it is safe to do so. An employee with actual knowledge of possible sexual harassment in violation of this policy who does not promptly report the conduct and/or take proper action as required by this subsection, or who knowingly provides false information about the incident, will be subject to disciplinary action, up to and including dismissal.
Any doubt about whether particular conduct is possible sexual harassment must be resolved in favor of reporting the conduct.
3. Reporting by Others
All other members of the school community are strongly encouraged to report any act that may constitute an incident of sexual harassment in violation of this policy to the school principal, the Title IX coordinator, or the Superintendent.
4. Content of the Report
To the extent possible, reports should be sufficient to put school officials on notice of conduct that could constitute sexual harassment. Employees making mandatory reports should provide as much detail about the alleged sexual harassment as is known, unless such disclosure would violate law or standards of professional ethics. Reports, other than mandatory reports by employees, may be made anonymously, but anonymous reports may limit the school system’s ability to respond fully if the alleged victim is not identified.
5. Time Period for Making a Report
Reports by students and third parties can be made at any time. During non-business hours, reports can be made by using the contact information for the Title IX coordinator provided on the school system’s website. A report should be made as soon as possible after disclosure or discovery of the facts giving rise to the report. Delays in reporting may impair the ability of school officials to investigate and respond to any subsequent formal complaint.
School employees and Board members with actual knowledge of sexual harassment must report that information immediately.
D. SCHOOL OFFICIALS’ RESPONSE TO ACTUAL KNOWLEDGE OF SEXUAL HARASSMENT
As required to meet the school system’s obligations under Title IX, school officials shall respond promptly and impartially to actual knowledge of alleged sexual harassment in a manner that is not deliberately indifferent. A response that is not deliberately indifferent is one that is not clearly unreasonable in light of the known circumstances and includes, at a minimum, the provision of supportive measures to the complainant, as described in this section.
Consistent with this duty, school officials shall respond to all reports of conduct that could constitute sexual harassment in accordance with this section. However, a report alleging conduct that is not sexual harassment as defined in this policy is not subject to this policy but may be referred to appropriate school officials as a possible violation of other Board policies.
1. Title IX Coordinator Initiates Interactive Process with Complainant
Upon receiving a report of alleged sexual harassment, the Title IX coordinator shall promptly contact the complainant and the complainant’s parent or guardian confidentially. This contact must occur within five (5) days, excluding weekends, absent extenuating circumstances. The Title IX coordinator shall also notify the principal of the report and, if an employee is the complainant or respondent, the Assistant Superintendent for Human Resources.
When contacting the complainant and parent or guardian, the Title IX coordinator shall do all of the following during the contact and shall document the same:
a. offer supportive measures;
b. consider the complainant’s wishes with respect to supportive measures;
c. explain that supportive measures are available with or without the filing of a formal complaint; and
d. explain the process for filing a formal complaint with the Title IX coordinator and the response required of the school system when a complaint is filed, including all the following:
i. that a formal complaint will initiate the grievance process described below;
ii. that a formal complaint may be filed with the Title IX coordinator in person, by mail, or by electronic mail;
iii. the major steps in the grievance process, including (1) a notice of the allegations that will be provided to the respondent that includes identification of the complainant and the allegations made; (2) an investigation of the allegations of sexual harassment in which both parties will have opportunity to have an advisor, present witnesses, review evidence, pose written questions of the other party, and receive a copy of the investigative report; (3) a decision on responsibility in which a decision-maker objectively evaluates all relevant evidence and determines whether the respondent engaged in the alleged sexual harassment in violation of this policy; and (4) the opportunity for either party to appeal the decision;
iv. the approximate time frame for concluding the grievance process;
v. that school officials will treat both parties equitably by (1) providing remedies to the complainant if the respondent is found responsible, and (2) by not imposing disciplinary sanctions on the respondent without first following the grievance process;
vi. the circumstances under which a formal complaint might be consolidated with other formal complaints or dismissed; and
vii. that the Title IX coordinator may have an obligation to initiate the grievance process in the absence of a formal complaint filed by the complainant and the time frame in which that decision will be made.
2. Title IX Coordinator Arranges Implementation of Supportive Measures
After considering the complainant’s wishes, the Title IX coordinator shall arrange the effective implementation of appropriate supportive measures unless, in the exercise of good judgment, the Title IX coordinator determines that supportive measures should not be provided. If supportive measures are not provided to the complainant, the Title IX coordinator shall document why supportive measures were not provided and why not providing supportive measures is not deliberately indifferent to known sexual harassment.
If the complainant is a student with a disability, the Title IX coordinator may need to consult with appropriate school personnel to determine whether adjustments to the student’s IEP or Section 504 plan are needed to implement any supportive measures to be provided and/or whether the student’s plan necessitates any adjustment to the proposed supportive measures.
3. Title IX Coordinator Determines Whether to Sign a Formal Complaint
If the complainant declined to file a formal complaint within the designated time period following the interactive process described above, the Title IX coordinator shall determine on a case-by-case basis whether to sign, i.e., file, a formal complaint to initiate the grievance process.
The Title IX coordinator should file a formal complaint (1) if the respondent is a school employee and the complainant is a student; and (2) in other cases where, in the exercise of good judgment and in consultation with the school attorney as appropriate, the coordinator determines that a grievance process is necessary to comply with the obligation not to be deliberately indifferent to known allegations of sexual harassment. Credibility or merit of the complaint shall not be considered in making the determination.
A decision by the Title IX coordinator to sign a formal complaint is not to be construed as supportive of the complainant or in opposition to the respondent or as an indication of whether the allegations are credible or have merit, or whether there is evidence sufficient to determine responsibility. Signing a formal complaint does not make the Title IX coordinator a complainant or party to the complaint nor relieve the Title IX coordinator from any responsibilities under this policy.
The Title IX coordinator shall document the decision of whether to sign a complaint and the reasons for that decision.
4. Presumption of Non-responsibility of Respondent and Bar on Disciplinary Sanctions without Due Process
The respondent identified in any report alleging sexual harassment under this policy will be presumed not responsible for the alleged conduct until the respondent’s responsibility is conclusively established through the grievance process.
No disciplinary sanction or other action that is not a supportive measure, including but not limited to (1) short or long-term suspension, expulsion, or transfer to an alternative school or program for student-respondents and (2) suspension, demotion, or dismissal for employee-respondents, may be imposed for a violation of this policy unless the respondent agrees to a specific disciplinary sanction or action in an informal resolution or has been determined to be responsible for the sexual harassment at the conclusion of a grievance process that complies with the process below. An employee-respondent, however, may be placed on administrative leave during the pendency of the grievance process if consistent with applicable state and federal laws.
Notwithstanding the limitation just described, respondents are subject to emergency removal as described in the next paragraph.
5. Emergency Removal of Respondent from School or Employment
Any respondent is subject to removal from the school system’s education program and activities, or any part of the program or activities, on an emergency basis if a school-based threat assessment team conducts an individualized safety and risk analysis and determines that removal is justified because the person poses an immediate health or safety threat to any person arising from the allegations of sexual harassment. A removal under this subsection includes a transfer of a student to an alternative education program. A schedule change, and/or removing a student from an extracurricular activity is also considered a removal under this subsection where such action would not otherwise constitute a supportive measure.
The emergency removal may take place regardless of whether a formal complaint has been filed. However, any such removal must be consistent with federal and state law, including any applicable law protecting the rights of individuals with disabilities. The respondent shall receive notice of the removal and an opportunity to challenge the decision in an informal hearing with the Superintendent or designee immediately following the removal.
An employee may be placed on administrative leave with or without pay during the pendency of the grievance process, if consistent with state law and in accordance with any applicable requirements of state law.
The Superintendent or designee shall document all emergency removal decisions under this subsection, including the immediate threat to health or safety that justified the removal.
6. Supportive Measures
Supportive measures will be available to both the complainant and respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Supportive measures will remain confidential to the extent that maintaining such confidentiality does not impair the ability to provide the supportive measures. The Title IX coordinator is responsible for coordinating the effective implementation of supportive measures.
E. GRIEVANCE PROCESS FOR FORMAL COMPLAINTS
The Superintendent shall develop administrative guidelines establishing a grievance process for formal complaints of sexual harassment under this policy. These administrative guidelines shall also provide an informal resolution process for complainants who seek an alternate means of resolution to their complaint.
As described above, the Title IX coordinator may also initiate the grievance process, as needed.
F. RETALIATION PROHIBITED
Any act of retaliation or discrimination against any person for the purpose of interfering with any right or privilege secured by Title IX or because the person has made a report or filed a formal complaint or testified, assisted, or participated or refused to participate in any investigation, proceeding, or hearing involving sexual harassment is prohibited. Any person who is found to have engaged in retaliation will be subject to discipline, up to and including dismissal. Complaints alleging retaliation are to be treated as claims of sex discrimination.
RECORDS
The Title IX coordinator shall create and maintain for a period of seven years records of all reports and formal complaints of sexual harassment. For each report or formal complaint, the coordinator shall document the following:
1. any actions, including any supportive measures, taken in response to the report or formal complaint;
2. that school officials have taken measures that are designed to restore or preserve equal access to the school system’s education program and activities;
3. why school officials believe their response to the report or complaint was not deliberately indifferent; and
4. if supportive measures were not provided to the complainant, why that was not clearly unreasonable in light of the known circumstances.
In conjunction with the Superintendent, the Title IX coordinator shall also maintain for seven years all materials used to train the Title IX coordinator, investigators, decision-makers, and any person who facilitates an informal resolution process. These materials will be made publicly available on the school system’s website.
LEGAL REF.:
Title VII of the Civil Rights Act of the Civil Rights Act of 1964, 42 USC 2000e et seq; N.C.G.S. 126-16; 29 C.F.R. pt. 11604; Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., 34 C.F.R. pt 106 N.C.G.S. 126-16;” N.C.G.S. § 115C-400, Grimm v. Gloucester County School Board, 972 F.3d 586 (4th Cir. 2020) ; “Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties”, U.S. Department of Education, Office for civil Rights (2001); Equal Employment Opportunity Commission’s “Final Amendment Guidelines on Discrimination Because of Sex”,; 29 C.F.R. pt. 1604; Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., 34 C.F.R. pt. 106 N.C.G.S. 126-16:”; N.C.G.S. § 115C-400, “Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties”, U.S. Department of Education, Office for Civil Rights (2001) Dear Colleague Letter, U.S. Department of Education, Office for Civil Rights (April 4, 2011). Enforcement of Title IX of the Education Amendments of 1972 with Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County, U.S. Department of Education, Office for Civil Rights (2021)
CROSS REF.:
Board Policy 3-2a, Employee Code of Ethics and Standards of Conduct; Board Policy 3-6, Staff-Student Relations; Board Policy 3-7b, Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Employees; Board Policy 3-10, Grievance Procedure for Employees; Board Policy 4-7a, Sexual Harassment (Students); Board Policy 4-7b, Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Students; Board Policy 1-18, Grievances, Complaints and Appeals
UNION COUNTY BOARD OF EDUCATION
APPROVED: 8/4/20
REVISED: 12/7/21
Policy References
LEGAL REF.: Title VII of the Civil Rights Act of the Civil Rights Act of 1964, 42 USC 2000e et seq; N.C.G.S. 126-16; 29 C.F.R. pt. 11604; Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., 34 C.F.R. pt 106 N.C.G.S. 126-16;” N.C.G.S. § 115C-400, Grimm v. Gloucester County School Board, 972 F.3d 586 (4th Cir. 2020) ; “Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties”, U.S. Department of Education, Office for civil Rights (2001); Equal Employment Opportunity Commission’s “Final Amendment Guidelines on Discrimination Because of Sex”,; 29 C.F.R. pt. 1604; Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., 34 C.F.R. pt. 106 N.C.G.S. 126-16:”; N.C.G.S. § 115C-400, “Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties”, U.S. Department of Education, Office for Civil Rights (2001) Dear Colleague Letter, U.S. Department of Education, Office for Civil Rights (April 4, 2011). Enforcement of Title IX of the Education Amendments of 1972 with Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County, U.S. Department of Education, Office for Civil Rights (2021)
CROSS REF.: Board Policy 3-2a, Employee Code of Ethics and Standards of Conduct; Board Policy 3-6, Staff-Student Relations; Board Policy 3-7b, Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Employees; Board Policy 3-10, Grievance Procedure for Employees; Board Policy 4-7a, Sexual Harassment (Students); Board Policy 4-7b, Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Students; Board Policy 1-18, Grievances, Complaints and Appeals
3-7 a AG (a) Title IX Sexual Harassment Grievance Process
Revisions History: Adopted 08/04/2020
The process provided herein is designed for those who believe that they have been sexually harassed and wish to file a formal complaint. School officials shall follow this grievance process when responding to all formal complaints of sexual harassment.
The Superintendent is responsible for notifying students and their parents or legal guardians, employees, and applicants for employment of these guidelines and ensuring that each principal or site supervisor provides a copy of these guidelines to these persons.
A. DEFINITIONS
The following additional definitions apply.
1. Investigator. The investigator is the school official responsible for investigating and responding to a formal complaint.
2. Decision-Maker. The decision-maker is the school official responsible for making a determination regarding responsibility in response to an investigation of sexual harassment triggered by a formal complaint.
3. Investigative Report. The investigative report is a written account of the findings of the investigation conducted in response to a formal complaint.4. Remedies. Remedies are individualized measures provided to a complainant designed to restore or preserve the complainant’s equal access to the education program and activities of the school system when a respondent is found responsible for sexual harassment.
Remedial measures available to a complainant following a determination of responsibility include counseling, mental health services referral, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, escort services, mutual or one-way restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring, and other measures determined by school officials to be necessary to restore or preserve the complainant’s equal access to the education program and activities, regardless of whether such measures impose a burden on the respondent or are punitive or disciplinary in nature.
5. Disciplinary Sanctions. Disciplinary sanctions are consequences imposed on a respondent when the respondent is found responsible for sexual harassment.
B. FILING A FORMAL COMPLAINT TO INITIATE THE GRIEVANCE PROCESS
A formal complaint initiates the grievance process.
1. Individuals Who May File a Formal Complaint
a. Eligible Complainants. Eligible individuals who believe that they have been sexually harassed in violation of Policy, may initiate the grievance process for alleged sexual harassment by filing a formal written complaint with the Title IX coordinator. To be eligible to file a formal written complaint, the complainant must be participating in or attempting to participate in the education program or activities of the school system at the time of filing.b. The Title IX Coordinator. If the complainant does not wish to file a formal complaint and the matter has not been adequately resolved through the provision of supportive measures, the Title IX coordinator may initiate the grievance process by signing a formal complaint. In accordance with law, only the complainant and the Title IX coordinator may initiate the grievance process; no other individuals or school officials shall have authority to do so.
2. Time Period for Filing a Formal Complaint. A complaint should be filed as soon as possible after the conduct occurs, preferably within 30 days after the complainant becomes aware of the alleged sexual harassment, unless the conduct forming the basis for the complaint is ongoing. School officials will initiate the grievance process regardless of when the formal complaint is submitted, but delays in reporting may significantly impair the ability of school officials to investigate and respond to the allegations. In addition, in some circumstances it may be necessary for the Title IX coordinator to sign a formal complaint to initiate the grievance process in order to meet the school system’s legal obligations when the coordinator is aware of sexual harassment or alleged sexual harassment and the complainant has not yet filed a formal complaint. The Title IX coordinator can do so at any time.
3. Contents of the Formal Complaint. The complaint should (1) contain the name and address of the complainant and the student’s parent or guardian if the complainant is a minor student, (2) describe the alleged sexual harassment, (3) request an investigation of the matter, and (4) be signed by the complainant or otherwise indicate that the complainant is the person filing the complaint.
4. How to File the Formal Complaint. The complaint may be filed with the Title IX coordinator in person, by mail, or by email.
5. School System’s Response to Receipt of the Formal Complaint
a. Upon receipt of a formal complaint of sexual harassment, the Title IX coordinator shall engage in an interactive process with the complainant, consider the provision of supportive measures in light of the complainant’s wishes, provide supportive measures as appropriate, unless the Title IX coordinator has already done so in response to an initial report of the same allegation of sexual harassment.b. School officials reserve the right to consolidate formal complaints against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances. The Title IX coordinator shall advise the complainant if the formal complaint will be consolidated with others.
c. The formal complaint initiates the grievance process as described below.
C. GENERAL PRINCIPLES OF THE GRIEVANCE PROCESS FOR FORMAL COMPLAINTS
To ensure a complete, thorough, and fair grievance process for formal complaints of sexual harassment, school officials responsible for the investigation, adjudication, or appeal of a formal complaint of sexual harassment shall comply with the following requirements. Failure by any school official to comply with these requirements or other standards or procedures established in this policy is cause for disciplinary action.
1. Equitable Treatment
Complainants and respondents must be treated equitably throughout the grievance process. Relevant evidence collected in the investigation of a formal complaint must be evaluated objectively. No individual designated as a Title IX coordinator, investigator, decision-maker, or appeal decision-maker will have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.
The complainant and respondent shall be provided an equal opportunity to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be an attorney. If a party elects to be represented by an attorney, the party should notify school officials in advance so that an attorney for the school system may also be present. Any restrictions on advisor participation in any proceeding must be applied equally to both parties.
The complainant and respondent will both be provided a description of the range of supportive measures available to them.
2. Adequate Training
The Title IX coordinator, and all persons serving as Title IX investigators, decision-makers, or appeal decision-makers shall receive training on what constitutes sexual harassment, the scope of the school system’s education program and activities, how to conduct an investigation and grievance process, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. Decision-makers will be trained on any technology to be used at a live hearing and on issues of relevance of questions and evidence.
Materials used to train coordinators, investigators, decision-makers, and appeal decision-makers will not rely on sex stereotypes and shall promote impartial investigations and adjudications of sexual harassment. Copyright restrictions will be taken into consideration in selecting training materials in order to comply with the school system’s legal obligation to make all training materials available on the school system’s website.
3. Presumption of Non-Responsibility/Innocence. At all times prior to a determination regarding responsibility by the decision-maker, there will be a presumption that the respondent is not responsible for the alleged conduct.
4. Burden of Proof and Production of Evidence. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility will at all times rest on the school system and not on the complainant or respondent. Formal rules of evidence shall not apply in the grievance process.
5. Written Notice of Meetings and Other Proceedings. Parties whose participation is invited or expected at any hearing, investigative interview, or other meeting will be provided written notice of the event’s date, time, location, participants, and purpose with sufficient time for the party to prepare to participate.
6. Confidentiality and Privacy. The school system will keep confidential the identity of any individual who has made a report or formal complaint of sexual harassment, any complainant, any respondent, and any witness, except as may be permitted or required by law or as necessary to carry out a Title IX proceeding. A violation of this provision may constitute retaliation. All meetings, hearings, or proceedings conducted pursuant to these guidelines will be private except to the extent that the parties may be accompanied by others.
7. No Disclosure of Privileged Information. No person acting on behalf of the school system shall require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the privilege is properly waived.
8. Timeliness of Process.
School officials shall make a good faith effort to conduct a fair, impartial grievance process in a timely manner designed to provide all parties with a prompt and equitable resolution. It is expected that in most cases, the grievance process will be concluded through the adjudication phase within 90 days after filing the formal complaint. The Board reserves the right to extend this time frame or any deadline contained in this policy for good cause with written notice to the parties of the delay and the reason for the delay. Good cause may include but is not limited to the absence of the parties or witnesses, concurrent law enforcement activity, or the need for language assistance or accommodation of disabilities. The Title IX coordinator or other responsible school official shall make reasonable efforts to keep the complainant and respondent apprised of progress being made during any period of delay.
D. THE GRIEVANCE PROCESS FOR FORMAL COMPLAINTS: PART I – INVESTIGATION
1. Step 1 – Notice of Allegations
a. Upon the filing of a formal complaint, the Title IX coordinator shall, within five (5) school business days, provide the known parties written notice of the allegations that includes:i. notice of the allegations of sexual harassment in sufficient detail to permit the parties to prepare a response before any initial interview, including:a) the identities of the parties involved, if known;b) the conduct allegedly constituting sexual harassment; andc) the date and location of the alleged incident, if known;ii. a copy of these guidelines to give notice of the grievance process, including the investigative and adjudication procedures, and any informal resolution process available;iii. notice that the parties may have an advisor of their choice and that either party may inspect and review any evidence;iv. notice that students and employees are prohibited from knowingly making false statements or knowingly submitting false information during the grievance process; andv. a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made at the conclusion of the grievance process.b. If during the investigation, the investigator decides to investigate allegations of sexual harassment not included in the initial notice provided above, notice of the additional allegations will be provided to the parties.
2. Step 2 – Review Grounds for Dismissal of the Formal Complaint
The Title IX coordinator shall review the allegations and determine whether the formal complaint must be dismissed without further investigation because the conduct alleged in the formal complaint, even if assumed true, would not constitute sexual harassment as defined in this policy, did not occur in the school system’s education program or activities, or did not occur against a person in the United States. The complaint will not be dismissed at this stage on the basis that the allegations are frivolous, without merit, or otherwise unfounded. Upon a dismissal, the Title IX coordinator must promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties.The parties have the right to appeal the decision as provided below.The Title IX coordinator shall refer the matter that was the subject of the dismissed complaint to the principal for further action as warranted.
3. Step 3 – Initiating the Investigation
If the complaint may proceed, the Title IX coordinator shall notify the appropriate investigator, who shall investigate the formal complaint.
a. In order to provide a neutral and objective investigation, the investigator shall not be a party to the complaint under investigation. However, the Title IX coordinator, in consultation with the Superintendent, may determine that conflict of interest, bias, or other individual circumstances warrant the assignment of a different investigator.b. The investigator may request assistance from the Title IX coordinator to conduct the investigation.c. The Title IX coordinator and the investigator shall jointly assess the need for supportive measures for either party, including assessing the effectiveness of any supportive measures currently being provided to the complainant, and, as necessary, will implement appropriate measures in a timely manner and monitor the effectiveness of the measures during the pendency of the investigation and prior to a final determination regarding responsibility. Supportive measures provided to the complainant or respondent will be maintained as confidential to the extent that maintaining such confidentiality does not impair the ability to provide the supportive measures.d. The investigator shall explain the process of the investigation to the complainant and respondent.
4. Step 4 – Conducting the InvestigationThe investigator is responsible for gathering evidence sufficient to reach a determination of whether the allegations in the formal complaint are true and whether the facts as determined by the investigator establish that sexual harassment as defined in this policy occurred. In so doing, the investigator shall impartially, promptly, and thoroughly investigate the complaint.
a. The investigator shall interview all individuals who may have relevant information, including (1) the complainant; (2) the respondent; (3) individuals identified as witnesses by the complainant or respondent; and (4) any other individuals who are thought possibly to have relevant information. Prior written notice shall be provided to a party whose participation is invited or expected for any investigative interview or meeting. The investigator shall provide the complainant and respondent an equal opportunity to present fact and expert witnesses and other evidence tending to prove or disprove the allegations.b. The investigator shall ensure that the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the school system and not on the complainant or respondent.c. The investigator shall not restrict the ability of either party to gather and present relevant evidence or to discuss the allegations under investigation.d. The formal complaint and the investigation will be kept confidential to the extent possible. Information may be shared only with individuals who need the information in order to investigate and address the complaint appropriately and those with a legal right to access the information. Any requests by the complainant or respondent for further confidentiality will be evaluated within the context of the legal responsibilities of the school system.The formal complaint or any allegations therein may be dismissed if at any time during the investigation or decision-making process: (1) the complainant notifies the Title IX coordinator in writing that he or she would like to withdraw the formal complaint or any allegations therein; (2) the respondent is no longer enrolled or employed by the school system; or (3) specific circumstances prevent school officials from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein. Upon dismissal, the Title IX coordinator shall promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties. The parties have the right to appeal the decision. The matter that was the subject of the dismissed complaint may be considered for action in accordance with Board policy for violation of other expected standards for students or employees.
a. The investigator shall prepare an investigative report that fairly summarizes the relevant evidence.b. Before completing the final report, the investigator shall send to each party and the party’s advisor, if any, in hard copy or electronically, all the evidence collected which is directly related to the allegations raised in the formal complaint. The parties shall have 10 days to submit a written response for the investigator’s consideration before the investigator finalizes the investigative report.c. Following the parties’ opportunity to respond to the written evidence, the investigator shall finalize the written investigative report, including a recommendation on the question of responsibility and any recommended discipline sanction.d. The investigator shall provide a copy of the report to each party and the party’s advisor, if any, for their review and written response. The investigator shall also notify the parties of the opportunity to submit written questions to the other party and witnesses. The parties shall have 10 days to provide a written response to the investigative report, along with the party’s initial set of written questions.e. The investigator shall provide to the decision-maker a copy of the investigative report, the relevant evidence, and the parties’ written responses to the report and initial sets of written questions.
E. THE GRIEVANCE PROCESS FOR FORMAL COMPLAINTS: PART II – ADJUDICATION
The Superintendent or designee shall serve as the decision-maker. In his or her role as decision-maker, the Superintendent, or designee, shall provide for the exchange of questions between the parties and a decision on responsibility in a manner consistent with state law and as provided below.
1. Step 1 – Student’s Opportunity to Request a Hearing.In cases where the respondent is a student, after the investigative report has been sent to the parties, both parties shall have three school business days to request a hearing. If either party requests a hearing, the long-term suspension hearing procedures shall be followed, except that (1) both parties shall have the right to participate in the hearing to the extent required by Title IX; (2) all the evidence sent to the parties will be made available at the hearing to give each party equal opportunity to refer to such evidence during the hearing; and (3) prior to the hearing, both parties shall have a limited opportunity to submit and respond to written questions and follow-up questions as provided below.2. Step 2 – Exchange of Questions and AnswersWhether or not there will be a hearing and regardless of whether the respondent is a student, after the parties are sent the investigative report, the Superintendent, or designee, shall provide the parties an opportunity to submit written, relevant questions that the party wants asked of any other party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party in accordance with a reasonably prompt time frame established by the Superintendent, or designee. The parties shall submit their initial set of written questions at the time they submit their response to the investigative report.Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior will be considered not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s sexual behavior with respect to the respondent and is offered to prove consent. The Superintendent, or designee, must explain to the party proposing the questions any decision to exclude questions as not relevant.3. Step 3 – Decision on the Question Regarding ResponsibilityFollowing the exchange of questions and/or hearing as described above, the Superintendent, or designee, shall decide the question regarding responsibility, any disciplinary action, and any other measures the Superintendent deems appropriate. The Superintendent, or designee, shall consider all the relevant evidence objectively, including evidence in the investigative report, any testimony of witnesses at the hearing, if one was held, and any additional information provided by the parties through the exchange of questions and responses. Based on an objective evaluation of the evidence, the Superintendent, or designee, shall determine whether the preponderance of the evidence supports a finding that the respondent is responsible for sexual harassment in violation of Policy, and if so, what disciplinary sanction will be imposed. Remedies will be provided to the complainant if the respondent is found responsible.4. Step 4 – Written Determination Regarding ResponsibilityThe Superintendent, or designee, shall issue a written determination regarding responsibility simultaneously to both parties that includes:
a. identification of the allegations potentially constituting sexual harassment under Board policy;b. a description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;c. findings of fact supporting the determination;d. conclusions regarding the application of Policy or expected standards of employee behavior to the facts including whether, the respondent engaged in prohibited sexual harassment or other proscribed conduct;e. a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the respondent (which may be a recommendation to the Board for discipline that is beyond the authority of the Superintendent or other decision-maker), and whether remedies designed to restore or preserve equal access to the school system’s education program and activities will be provided to the complainant;f. the procedures and permissible bases for the complainant and respondent to appeal; andg. any other notices that are required to accompany the decision under state law, such as when the Superintendent imposes a long-term suspension or recommends dismissal of an employee.
F. GRIEVANCE PROCESS FOR FORMAL COMPLAINTS: PART III – APPEAL
The parties shall have the right to appeal to the Board the determination regarding responsibility, the outcome of any disciplinary proceeding, and any dismissal of a formal complaint or any allegations therein. If a party appeals both the determination regarding responsibility and the outcome of a disciplinary proceeding, both matters will be heard by the Board at the same time. If both parties appeal, the appeals will be heard at the same time.
1. Deadline and Grounds for Appeal
Either party may appeal by submitting a request in writing to the Superintendent, or designee, within three (3) school business days of receiving the determination regarding responsibility, unless the party is entitled to a longer appeal period under state law or Board policy. Any longer appeal period applicable to one party shall apply equally to the other party. The grounds for appeal may be any of the following:
a. procedural irregularity that affected the outcome of the matter;b. new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;c. the Title IX coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter;d. the disciplinary sanction is inappropriate or unreasonable; ore. any other basis provided by law or policy governing appeals to the Board.
2. Notice of the Appeal
In all appeals, the other party will be notified in writing when an appeal is filed and be provided a copy of the appeal.3. Appeal Procedures
a. A panel of the Board will hear the appeal.b. Appeal procedures will be implemented equally, modified as necessary to allow equal participation of the parties.c. After the notice of appeal is provided, both parties will be given 10 days to submit a written statement in support of, or challenging, the outcome. If the basis of the appeal is newly available evidence affecting the outcome, the party shall submit such evidence or a summary of such evidence along with the party’s written statement.d. The Board will review the record and the written argument of the parties submitted on appeal, determine whether additional information is needed from any party, and take any other steps that the Board determines to be appropriate in order to respond to the appeal.
4. Decision on Appeal
a. After considering the record and written statements of the parties, the Board will determine whether the grounds for the appeal have been substantiated.b. If substantiated, the Board will determine the appropriate response, which may include a remand for a new investigation, a new decision, or both, or such other action as the Board determines is needed to correct the error in the original proceedings.c. The Board will provide a written decision describing the results of the appeal and rationale for the result within thirty days after receiving the appeal unless the decision is delayed for good cause. The written decision will be provided simultaneously to both parties.
5. When the Decision Becomes Final
If an appeal is timely filed, the determination regarding responsibility becomes final at the conclusion of the appeal process. However, if the decision on appeal is remand, the determination regarding responsibility does not become final until that process, including any appeal of the proceedings on remand, is concluded. If an appeal is not filed, the determination regarding responsibility becomes final after the three-day appeal period.
The Superintendent shall ensure that a copy of the final decision is provided to the Title IX coordinator and shall confer with the Title IX coordinator regarding any remedies to be provided to the complainant.
G. DISCIPLINARY CONSEQUENCES, REMEDIES, AND OTHER RESPONSES FOR SUBSTANTIATED SEXUAL HARASSMENT
1. Disciplinary Consequences for Students
Disciplinary consequences for substantiated sexual harassment will be assigned in accordance with the Code of Student Conduct. In addition, the conduct also may be reported to law enforcement, as appropriate.
Nothing in these guidelines prevent disciplinary action when the evidence does not establish sexual harassment but violates other policy and/or the Code of Student Conduct.2. Disciplinary Consequences for Employees
Substantiated sexual harassment by employees is subject to discipline up to and including dismissal. In addition, the conduct may also be reported to law enforcement, as appropriate. An employee recommended for suspension, demotion, or dismissal shall have all applicable rights accorded by Board policy and state law.
Nothing will prevent disciplinary action against an employee when the evidence does not establish sexual harassment, but the conduct violates other policy or expected standards of employee behavior.
3. Consequences for Other Perpetrators
Volunteers and visitors who engage in sexual harassment will be directed to leave school property and/or be reported to law enforcement, as appropriate.A third party under the supervision and control of the school system will be subject to termination of contracts/agreements, restricted from access to school property, and/or subject to other consequences, as appropriate. Nothing in this policy will be construed to confer on any third party a right to due process or other proceedings to which student and employee respondents are entitled under this policy unless such right exists under law.
4. Remedies
At the conclusion of the grievance process, the Superintendent or other decision-maker shall confer with the Title IX coordinator to determine the remedies to be provided to the complainant when the respondent is found responsible for sexual harassment. The Title IX coordinator shall consult with the complainant in determining appropriate remedies. The Title IX coordinator shall be responsible for the effective implementation of the remedies to be provided to the complainant.
H. INFORMAL RESOLUTION
The Board provides informal resolution processes to resolve some formal complaints of sexual harassment without a full investigation and adjudication. Informal resolution is not available unless a formal complaint is filed and will not be used to resolve formal complaints alleging that an employee sexually harassed a student. Further, school officials shall never condition an individual’s enrollment, employment, or other rights on an agreement to waive the individual’s right to a formal investigation and adjudication of a formal complaint.
The Title IX coordinator, or other school official in consultation with the Title IX coordinator, may offer the parties an informal process to resolve a formal complaint at any time prior to reaching a final determination regarding responsibility. Before using an informal resolution process, school officials must ensure that both parties have given voluntary, informed, written consent to attempt informal resolution. Accordingly, the Title IX coordinator, investigator, or decision-maker shall:
1. provide the parties (including the parent of a minor) a written notice disclosing:
a. the allegations;b. the nature and requirements of the informal resolution process, including that if the parties agree to a resolution of the matter, the agreement precludes either party from resuming a formal complaint process arising from the same allegations; andc. any consequences that could result from participating in the informal resolution process, including whether records will be maintained and could be shared; and
2. obtain the parties’ voluntary, written consent to the informal resolution process.Any agreement reached by the parties through informal resolution may include measures that are designed to restore or preserve the parties’ equal access to the education program and activities, including measures that may be punitive or disciplinary in nature.Any informal process should be completed within a reasonable period of time, not to exceed 60 days from filing the complaint unless special circumstances necessitate more time. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.
UNION COUNTY BOARD OF EDUCATION
ADOPTED: 8/4/20
Policy References
3-7 b Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Employees
Revisions History: 08/04/2020, 10/02/2018, 03/10/2015, 04/09/2013, 05/19/2009 Approved 04/20/2004
The Board takes seriously all complaints of racism, discrimination,
harassment, and bullying. The process provided in this policy is designed for
those individuals who believe that they may have been discriminated against,
bullied, or harassed in violation of policy. Individuals who have witnessed or who have reliable information that
another person has been subject to racism, unlawful discrimination, harassment,
or bullying also should use the process provided in this policy to report such
violations to one of the school system officials listed below. For complaints
related to Sexual Harassment, please see Policy 3-7a Sexual Harassment
(Employees).
Any report made through the process established in this policy may be made anonymously, except mandatory employee reports. The school system will ensure that institutional interests do not interfere with the impartiality of the process for investigating and resolving complaints established in this policy.
The process set forth in this policy does not apply to allegations regarding or related to the identification, evaluation, educational placement, or free appropriate public education of a student under Section 504 or the IDEA. Such allegations may be raised through the procedures described in the Parents Rights Handbook published by the NC Department of Public Instruction (for IDEA complaints).
A. Definitions
Accused harasser: the employee, student, or visitor alleged to have discriminated against, harassed, or bullied the complainant.
Complainant: the employee complaining of being discriminated against, harassed, or bullied.
Days: the working day, exclusive of Saturdays, Sundays, vacation days or holidays, as set forth in the aggrieved employee’s employment calendar. In counting days, the first day will be the first full working day following receipt of the grievance. When a grievance is submitted on or after May 1, time limits will consist of all weekdays (Monday – Friday) so that the matter may be resolved before the close of the school term or as soon thereafter as possible.
Investigator: the school official responsible for investigating and responding to the complaint. The investigator must be a person free of actual or reasonably perceived conflicts of interest and biases for or against any party.
B. Timeliness of Process
The number of days indicated at each level should be considered a maximum. Every effort should be made to expedite the process.
Failure by the investigator at any step to communicate a decision within the specified time limit will permit the complainant to appeal the complaint to the next step unless the investigator has notified the complainant of the delay and the reason for the delay, such as the complexity of the investigation or report. The investigator will make reasonable efforts to keep the complainant apprised of progress being made during any period of delay. Delays may not interfere with the exercise of any legal rights.
Failure by the complainant or accused harasser at any step to appeal a decision to the next step within the specified time limit will be considered acceptance of the decision at that step, unless the complainant or accused harasser has notified the investigator of a delay, the reason for the delay and the investigator has consented in writing to the delay.
C. General Requirements
1. No reprisals or disciplinary action of any kind will be taken by the Board or by an employee of the school district against any complainant or other employee on account of his/ her participation in the investigation of a complaint filed and decided pursuant to this policy, unless the participating employee knows or has reason to believe the report is false or knowingly provides false information.
2. All meetings and hearings conducted pursuant to this policy will be private.
3. The Board and school district will consider requests to hear complaints from a group of complainants, but the Board and officials have the discretion to respond to complainants individually.
4. The complainant or accused harasser may have a representative, including an attorney, at any stage of the complaint.
5. Should, in the judgment of the Superintendent or designee, the investigation or processing of any complaint require the absence of the complainant and/or representative from regular work assignments, such absences will be excused without loss of pay or benefits.
D. Process for Complaint
1. Reporting Complaint
REPORTING BY EMPLOYEES OR OTHER THIRD PARTIES
a. Mandatory Reporting by School Employees and Board Members
Any employee who witnessed or who has reliable information or reason to believe that a student or other individual may have been discriminated against, harassed, or bullied must report the offense immediately. Suspected violations of Policy 3-6, Staff-Student Relations, should be reported directly to the Superintendent or designee. An employee who does not promptly report possible racism, discrimination, harassment, or bullying or similar violations of policy shall be subject to disciplinary action.
b. Reporting by Other Third Parties
All members of the school community including students, parents, volunteers, and visitors are also strongly encouraged to report any act that may constitute an incident of racism, discrimination, harassment, or bullying.
c. Anonymous Reporting
Reports of racism, discrimination, harassment, or bullying may be made anonymously (except mandatory reports by school employees) but formal disciplinary action may not be taken solely on the basis of an anonymous report.
REPORTS MADE BY ALLEGED VICTIMS OF RACISM, DISCRIMINATION, HARASSMENT, OR BULLYING
a. Filing a Complaint
Any individual who believes that he or she has been discriminated against, harassed, or bullied is strongly encouraged to file a complaint orally or in writing to any of the following individuals:
i. the principal or assistant principal of the school at which either the alleged perpetrator or alleged victim attends or is employed;
ii. an immediate supervisor if the individual making the complaint is an employee;
iii. the Assistant Superintendent of Human Resources if the alleged perpetrator or alleged victim is an employee of the school system (or the Superintendent if the Assistant Superintendent of Human Resources is the alleged perpetrator);
iv. the Section 504 coordinator or the ADA coordinator for claims of discrimination on the basis of a disability; or
v. for claims of other forms of prohibited discrimination, the applicable civil rights coordinator.
vi. Complaints may also be filed with: Office for Civil Rights, US Department of Education, 4000 Maryland Avenue, SW, Washington, DC 20202-1475
2. Timelines for Filing a Complaint
A complaint must be filed as soon as possible, but no longer than 30 days after disclosure or discovery of the facts giving rise to the complaint. For a complaint submitted after 30 days which claims a violation, misapplication or misinterpretation of state or federal law, including discrimination, the Superintendent/designee will determine whether:
· the complaint will be investigated after considering factors such as the reason for the delay; the extent of the delay; the effect of the delay on the ability of the school district to investigate and respond to the complaint; and
· the investigation of the complaint is necessary to meet any legal obligations.
However, complainants should recognize that delays in reporting may significantly impair the ability of the school district to investigate and respond effectively to such complaints.
The investigator will explain the process of investigation to the complainant and inquire as to any proposed corrective action.
3. Informal Resolution
The Board acknowledges that many complaints may be addressed informally without a full investigation and/or hearing, through such methods as conferences or mediation. The Board encourages the use of informal procedures such as mediation to the extent possible in appropriate cases and when all parties voluntarily agree after receiving a full disclosure of the allegations and the option for formal resolution; however, mediation or other informal procedures will not be used to resolve complaints deemed inappropriate by the investigator or applicable civil rights coordinator. Informal procedures may be used only if the parties involved voluntarily agree.
If an informal process is used, the principal or other designated personnel must (1) notify the complainant that s/he has the option to end the informal process and begin formal procedures at any time and (2) make a copy of this policy and other relevant policies available to the complainant. Any informal process should be completed within a reasonable period of time, not to exceed 30 days unless special circumstances necessitate more time. If informal procedures fail to resolve the matter in a reasonable period of time or are inappropriate, or if the complainant requests formal procedures, the complaints will be investigated promptly, impartially, and thoroughly according to the procedures outlined in the remainder of this policy.
4. Investigation
a. Upon receiving notification of a harassment complaint, the Superintendent, or designee will authorize and supervise the investigation of the complaint and/or investigate the complaint (hereinafter referred to as the investigator) regardless of the alleged victim’s willingness to cooperate. The investigator will be assigned by the Superintendent, or designee, based on the specific type of complaint.
b. The investigator will impartially, promptly, and thoroughly investigate the complaint. Failure to investigate and/or address claims racism, discrimination, harassment, and bullying will result in disciplinary action. The investigator will interview (1) the complainant; (2) the accused harasser; (3) individual identified as witnesses by the complainant or alleged harasser, and (4) any other persons the investigator has reason to believe may have relevant knowledge concerning the complaint.
c. There shall be no face to face confrontations between complainant and accused harasser(s).
d. The complaint and investigation will be kept confidential to the extent possible. Information will be shared only with individuals who need the information in order to investigate and address the complaint appropriately.
e. The investigator will review the factual information gathered through the investigation to determine whether the alleged conduct constitutes racism, discrimination, harassment, or bullying, giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
f. The investigator will report to appropriate law enforcement if it appears that laws have been violated.
g. The Superintendent’s designee and investigator shall jointly assess the need for interim measures of support for either party and, as necessary, shall implement appropriate measures in a timely manner and monitor the effectiveness of the measures during the pendency of the investigation. Interim measures that restrict the ability of either party to discuss the investigation (“gag orders”) may not be used.
5. Notice to the Complainant and Alleged Perpetrator
The investigator will make a written report of the findings of the investigation. The investigator will notify the complainant, in writing, of the outcome of the investigation within 15 days of receiving the complaint unless additional time is necessary to conduct an impartial, thorough investigation.
a. If required by federal law, information regarding specific disciplinary action imposed on the alleged perpetrator(s) will be given to the complainant, such as when the information relates directly to the complainant (e.g., an order requiring the perpetrator not to have contact with the complainant). School officials are encouraged to consult with the Superintendent and board attorney before releasing such information, however.
b. The investigator will submit the full report and investigative findings to the Superintendent, or designee. The report will specify:
1. whether the complaint was substantiated;
2. whether the accused harasser violated relevant law or Board policy by his/her actions (regardless of whether the complaint as submitted is substantiated); and
3. if the investigator determines that racism, discrimination, harassment, or bullying has occurred, the investigator also will specify:
· reasonable, timely, effective corrective action intended to end the harassment;
· if needed, reasonable steps to address the effects of the harassment on the complainant; and
· if needed, reasonable steps to protect the complainant from retaliation as a result of communicating the complaint.
If the corrective steps involve actions outside the scope of the investigator’s responsibilities, the Superintendent, or designee, also will be notified so that responsibility for the corrective steps can be delegated to the appropriate individual.
4. The accused harasser will be informed in
writing of the results of the investigation in regard to whether the complaint
was substantiated, whether the accused harasser violated Board policy or law
(regardless of whether the complaint was substantiated), and what, if any,
disciplinary actions or consequences will be imposed upon the accused harasser
in accordance with Board policy. The
accused harasser may appeal any disciplinary action or consequences in
accordance with the provisions below and law. The filing of an appeal by the alleged harasser does not preclude school
officials from taking appropriate action to address the alleged harassment.
6. Appeal
a. If the complainant or accused harasser is dissatisfied with the investigator’s report, an appeal may be made in writing to the Superintendent. The appeal must be made in writing within five calendar days of receiving the investigator’s report. The Superintendent may review the documents, conduct any further investigation necessary or take any other steps the Superintendent determines to be appropriate in order to respond to the complaint. The Superintendent will provide a written response within 10 calendar days after receiving the appeal, unless further investigation is necessary.
b. If the complainant or accused harasser is dissatisfied with the Superintendent’s response, an appeal of the decision may be made to the Board within five calendar days of receiving the Superintendent’s response. The Board may review the documents, direct any further investigation be conducted before making a determination or take any other steps the Board determines to be appropriate in order to respond. The Board will hold a hearing in accordance with Board Policy 3-10 upon request of the complainant or accused harasser and at the Board’s discretion. The Board will provide a written response within 30 calendar days after receiving the complaint, unless further investigation is necessary or the hearing necessitates that more time be taken to respond.
E. Records
Records will be maintained as required by Policy.
LEGAL REF.: Family Educational Rights and Privacy Act, 20 U.S.C. 1232g; Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C.§ 1681 et seq., 34 C.F.R. pt. 106; Equal Employment Opportunity Commission’s “Final Amendment Guidelines on Discrimination Because of Sex”; Burlington v. Ellerth, 524 U.S. 742 (1998); Faragher v. City of Boca Raton, 524 U.S. 775 (1998); N.C.G.S. 115C-335; Davis v. Monroe County Board of Education, 526 U.S. 629 (1999), Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998), “Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties”, U.S. Department of Education, Office for Civil Rights (2001).
CROSS REF.: Board Policy 3-6, Staff-Student Relations
Board Policy 4-7, Prohibition Against Racism, Unlawful Discrimination, Harassment, and Bullying (Students)
Board Policy 4-7a, Sexual Harassment (Students)
UNION COUNTY BOARD OF EDUCATION
APPROVED: 4/20/04
REVISED: 5/19/09
REVISED: 4/9/13
REVISED: 3/10/15
REVISED: 10/2/18
REVISED: 8/4/20
Policy References
LEGAL REF.: Family Educational Rights and Privacy Act, 20 U.S.C. 1232g; Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C.§ 1681 et seq., 34 C.F.R. pt. 106; Equal Employment Opportunity Commission’s “Final Amendment Guidelines on Discrimination Because of Sex”; Burlington v. Ellerth, 524 U.S. 742 (1998); Faragher v. City of Boca Raton, 524 U.S. 775 (1998); N.C.G.S. 115C-335; Davis v. Monroe County Board of Education, 526 U.S. 629 (1999), Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998), “Revised Sexual Harassment Guidance: Harassment of Students by School
Employees, Other Students, or Third Parties”, U.S. Department of Education, Office for Civil Rights (2001).
CROSS REF.: Board Policy 3-6, Staff-Student Relations
Board Policy 4-7, Prohibition Against Racism, Unlawful Discrimination, Harassment, and Bullying (Students)
Board Policy 4-7a, Sexual Harassment (Students)
3-8 Job Descriptions
Revisions History: 10/06/2020, 04/03/2012, 03/21/2006, 10/30/1997 Approved 03/23/1993
Job descriptions must identify the essential functions of the position and should stress expected working relationships with other employees and duties that are related to student performance. Job descriptions will be used in screening applicants, determining salary, and evaluating employees. Job descriptions also will be used in organizational planning, budgeting and personnel administration.
Job descriptions shall be on file in Human Resources and available for review by employees and applicants. Each principal, supervisor, or director shall cooperate in the preparation of job descriptions. Employees and their supervisors shall periodically review their descriptions and make a statement of change or no change.
LEGAL REF.: N.C. G. S. 115C-47(18) (18a)
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 10/30/97
REVISED: 3/21/06
REVISED: 4/3/12
REVISED: 10/6/20
Policy References
N.C. G. S. 115C-47(18) (18a)
3-9 Personnel File
Revisions History: 08/04/2020, 03/05/2019, 03/01/2011, 03/21/2006, 02/03/1998 Approved 03/23/1993
The Superintendent or designee shall maintain a personnel file, which may consist of paper or electronic records, for each employee as provided by law. The Superintendent and all supervisors (including principals) are directed to ensure that all appropriate employment-related information is submitted to the files. The Superintendent shall have the overall responsibility for granting or denying access to personnel records consistent with this policy.
A. Each employee personnel file shall include records and documents collected and retained by the school system concerning the employee, including, but not limited to:
1. Evaluation reports
2. Commendations of and complaints against the employee
3. Written suggestions for correction and improvement
4. Professional Teaching Licenses/Credentials
5. Any request to the State Board of Education to revoke the employee’s teaching license
6. Standard test scores
7. Academic records
8. Application forms
9. Other pertinent records or reports
The following information shall be maintained separate from the employee’s general personnel information, in accordance with legal and/or Board requirements:
1. Pre-Employment Information – Letters of reference about an employee obtained before his or her employment by the Board and, for teachers, any other pre-employment information collected, must be filed separately from the employee’s general personnel information and must not be made available to the employee.
2. Criminal Record Check – Data from a criminal history check must be maintained in a locked, secure location separate from the employee’s personnel file. The Superintendent shall designate which school officials have a need to know the results of the criminal history check. Only those officials so designated may obtain access to the records.
3. Medical Information – Employee medical information, including the following, must be kept in a separate confidential file and may be subject to special disclosure rules:
a. Health certificates;
b. Drug test results, except that drug use or alcohol use contrary to Board policy or law also may be documented in the employee’s personnel file;
c. Information related to an employee’s communicable disease/condition or possible occupational exposure to bloodborne pathogens;
d. Medical information related to leave under the Family and Medical Leave Act; and
e. Genetic information, as defined by the Genetic Information Nondiscrimination Act of 2008.
4. Complaints/Reports of Harassment or Discrimination – The Superintendent or designee shall maintain records of all reports and complaints of harassment and discrimination and the resolution of such complaints. Allegations of harassment or discrimination must be kept confidential to the extent possible and allowed under law. Employees involved in the allegations will be identified only to individuals who need the information to investigate or resolve the matter or to ensure that due process is provided to the accused employee.
B. No evaluation, commendation, complaint or suggestion may be placed in an employee’s personnel file prior to completion of the following:
1. It contains the employee’s full name or indisputably identifies the employee;
2. It is signed and dated by the person who makes it;
3. If the comment is a complaint, the employee's supervisor or principal has attempted to resolve the issue raised therein and documentation of such efforts is attached with the supervisor or principal's recommendation to the Superintendent as to whether the complaint contains any invalid, irrelevant, outdated, or false information; and
4. A written copy of the document is provided to the employee at least five days before it is placed in the employee’s personnel file.
All evaluations, commendations, complaints, or suggestions for correction or improvement should be submitted by the end of the school year or in time to be considered in an evaluation process, whichever is sooner. The supervisor or principal should seek clarification from the Assistant Superintendent of Human Resources as necessary to comply with this policy.
The employee may offer a denial or explanation of the evaluation, commendation, complaint, or suggestion, and any such denial or explanation will become part of his or her personnel file, provided that it is signed and dated.
The Superintendent may exercise statutory authority not to place in an employee's file a letter of complaint that contains invalid, irrelevant, outdated, or false information, or a letter of complaint when there is no documentation of an attempt to resolve the issue.
ACCESS TO RECORDS
Every employee may have access to his/her own personnel file during working hours. Every effort will be made to provide the employee access to his/her own file as soon as possible; however, the waiting period may be no longer than three days.
Access to a personnel file may be permitted to those school officials involved in the employment process without the consent of the employee.
a. school officials involved in the screening, selection, or evaluation of the individual for employment or other personnel action;b. members of the Board of Education, if the examination of the file relates to the duties and responsibilities of the Board member;c. the Board attorney;d. the Superintendent and other supervisory personnel (including principals);e. the hearing officer in a demotion or dismissal procedure regarding the employee; andf. law enforcement and the District Attorney to assist in the investigation of a report made to law enforcement pursuant to G.S. 115C-288(g) or regarding an arson; an attempted arson; or the destruction of, theft from, theft of, embezzlement from, or embezzlement of any personal or real property owned by the Board. Five days written notice will be given to the employee prior to such disclosure.
a. when an employee gives written consent to the release of his or her records, which specifies the records to be released and to whom they are to be released;b. pursuant to a subpoena or court order;c. when the Board has determined, and the Superintendent has documented, that the release or inspection of information is essential to maintaining the integrity of the Board or the quality of services provided by the Board; ord. the Superintendent or designee determines that disclosure to a court of law, or a state or federal administrative agency having a quasi-judicial function, is necessary to adequately defend against a claim filed by a current or former employee against the Board or a school official or employee for any alleged act or omission arising during the course and scope of his or her official duties or employment. Such disclosures will be limited to those confidential portions of the personnel file of the employee who filed the claim and only to the extent necessary for the defense of the Board.
a. knowingly, willfully, and with malice, permit any unauthorized person to have access to information contained in a personnel file; orb. knowingly and willfully examine, remove, or copy a personnel file that he or she is not specifically authorized to access pursuant to G.S. 115C-321.
No person other than those listed above may have access to a personnel file except under the following circumstances:
1. When the employee gives written consent for the release of his/her records. The written consent must specify the records to be released and the individuals to whom they are to be released.2. When the records have been subpoenaed or sought by court order.
The following information contained in an employee’s personnel file must be open to inspection:
1. Name2. Address3. Current position;4. Date of original employment or appointment5. Title6. Dates of employment7. Current Salary (includes pay, benefits, incentives, bonuses,deferred compensation, and all other forms of compensation paid to the employee);8. Date and amount of each increase or decrease in salary with the Board;9. Dates and type of each promotion, demotion, transfer, suspension separation, or other change in classification with the Board;10. Dates and general description of the reasons for each promotion with the Board;11. Dates and type of each dismissal, suspension or demotion for disciplinary reasons taken by the Board, and if the disciplinary action was a dismissal, a copy of the written notice of the final decision of the Board setting forth the specific acts or omissions that are the basis of the dismissal; and12. the terms of any past or current contract by which the employee is employed, whether written or oral, to the extent that the Board has the written contract or a record of the oral contract in its possession;13. the office or school to which the employee is currently assigned.
Information Available to Parents of Students Attending Title I Schools
The following information about a student’s teacher(s) or paraprofessional(s) providing services to a student must be provided upon request to the parent of a student attending a Title I school:
• whether the teacher has met North Carolina qualification and licensing criteria for the grade level(s) and subject area(s) in which the teacher provides instruction;• whether the teacher is teaching under emergency or other provisional status through which North Carolina qualification or licensing criteria have been waived;• whether the teacher is teaching in the field of discipline of his or her certification; and• the qualifications of any paraprofessional providing services to the student.
The name of a participant in the North Carolina Address Confidentiality Program is not a public record, is not open to inspection, and must be redacted from any records released.Volunteer records are not considered public records.Employees will be notified of their right to object before any such directory is compiled or revised.Any public official who allows an unauthorized person to have access to a personnel file and / or any unauthorized person who removes or copies any part of a personnel file is guilty of a Class 3 Misdemeanor and may be fined not in excess of $500.00.
REMOVAL OF RECORDS
Any employee may petition the Board to remove from his/her personnel file invalid, irrelevant or outdated information. The Board may order the Superintendent to remove the information if it finds the information is invalid, irrelevant or outdated.
The petition must be in writing, signed by the employee, and submitted to the Assistant Superintendent of Human Resources. It must identify the specific information in question and the reasons for claiming it is invalid, irrelevant, or outdated.
The written petition and the information in question, together with a recommendation from the Superintendent or designee, must be submitted by the administration to a panel of the Board consisting of not less than two members appointed by the chairperson.
The Board panel must review the petition and the information in question and may make a recommendation to the full Board including, but not limited to, the following:
a. deny the request for removal;b. make a specific finding that the information in question is "invalid, irrelevant, or outdated" and instruct the Superintendent to remove the information in question from the employee's personnel file;c. make a specific finding that the information in question is "invalid, irrelevant, or outdated" but decide to leave the information in question in the employee's personnel file and add to the personnel file a copy of the petition, the Superintendent's recommendation, and the panel's findings;d. request more written information from the petitioner and/or the person who submitted the information in question for placement in the petitioner's personnel file;e. schedule a hearing to allow both parties to present additional information; orf. such other appropriate action as the panel may deem proper.
The recommendation of the panel will be provided to the full Board for a final decision.
LEGAL REF.: G.S. 115C-3; G. S. 115C-36, -47(18), -209.1, -288(g), -319 to -321, -325(b) and (o); 132-et. seq.; 143B-931;16 N.C.A.C. 6C .0313;Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. 2000ff et. seq.; Elementary and Secondary Education Act, 20 U.S.C. 6312(e)(1)(A)
CROSS REF.: Board Policy 3-10 paragraph B, number 9
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 2/3/98
REVISED: 3/21/06
REVISED: 3/1/11
REVISED: 3/5/19
Policy References
G.S. 115C-3; G. S. 115C-36, -47(18), -209.1, -288(g), -319 to -321, -325(b) and (o); 132-et. seq.; 143B-931;16 N.C.A.C. 6C .0313;Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. 2000ff et. seq.; Elementary and Secondary Education Act, 20 U.S.C. 6312(e)(1)(A)
Board Policy 3-10 paragraph B, number 9
3-10 Grievance Procedure for Employees
Revisions History: Reviewed by GC 01/20/2021, Reviewed by GC 04/15/2020, 03/05/2019, 11/01/2016, 05/01/2012, 03/21/2006, 03/03/1998 Approved 03/23/1993
This procedure is to provide reasonable solutions to the problems which affect employees of the Board of Education. Proceedings arising therefrom shall be held in confidence by the Board and its agents except as required by law and this policy. It is desirable for an employee and his or her immediate supervisor to resolve problems through free and informal communication. When informal procedures fail or are inappropriate or when the employee requests formal procedures, a grievance will be processed pursuant to the steps set forth in this policy.
A. Definitions:
1. Days: Working days, exclusive of Saturdays, Sundays, vacation days or holidays, as set forth in the school calendar. In counting days, the first day shall be the first full working day following receipt of the grievance. When a grievance is submitted on or after May 1, time limits will consist of all weekdays (Monday – Friday) so that the matter may be resolved before the close of the school term or as soon thereafter as possible.
2. Employee: Any person employed in the Union County Public Schools.
3. Final Administrative Decision: A final administrative decision is a decision of a school employee from which no further appeal to a school administrator is available.
4. Grievance 1: A formal written claim by an employee, or employees regarding specific decision(s) made by another employee and alleging that such decision(s) have adversely affected the person making the claim. A grievance may include, but is not limited to, the following allegations:
(a) there has been a violation, misapplication, or misinterpretation of state or federal law or regulation, school board policy, administrative regulation; (b) that an employee’s employment status or the terms or conditions of his or her employment have been adversely affected; an employee has been subject to discrimination on the basis of race, color, military service, religion, sex, national or ethnic origin, age or handicap; or (c) there exists physical condition which jeopardizes an employee’s health or safety, or which interferes with an employee’s ability to discharge his or her responsibilities properly and effectively. The term “grievance” shall not apply to any matter for which the method of review is prescribed by law, for which there is a more specific board policy providing a process for addressing the concern, or upon which the Board is without authority to act. Claims of discrimination, harassment, or bullying must be processed under Policy 3-7b.
5. Grievant: The employee(s) making the claim.
6. Official: The official is the person hearing and responding to the grievant.
7. Parties in Interest: The grievant and the person against whom the grievance is filed.
B. General Requirements:
1. All parties in interest in any grievance filed pursuant to this policy shall conduct themselves in a professional manner at all times during the investigation and hearing of the grievance.
2. No reprisals of any kind shall be taken by the Board or by an employee of the school system against any party in interest or other employee on account of his or her participation in a grievance filed and decided pursuant to this policy.
3. Each decision shall be in writing, setting forth the decision and reasons therefore, and shall be transmitted promptly to all parties in interest.
4. All meetings and hearings conducted pursuant to this policy shall be private.
5. The Board and administration will cooperate with the employee(s) and his/her representative in the investigation of any grievance and will furnish the employee or his/her representative with information pertinent to the grievance without cost to the grievant or the employee against whom the grievance is filed.
6. Should, in the judgment of the Superintendent and/or designee, the investigation or processing of any grievance require the absence of the grievant(s) and/or his/her representative from regular assignments, such absences will be excused without loss of pay or benefits. When it is necessary for other employees to be at a hearing to expedite the processing of a grievance, they shall be released from school without loss of pay for such time as their attendance is required at such meetings or hearings.
7. The employee may have a representative, including an attorney, at any stage of the grievance. However, if the grievant intends to be represented by legal counsel, he or she must notify the appropriate school official in advance so that school personnel also will have the opportunity to be represented by legal counsel.
8. If a grievance affects a group of employees from more than one school or area, the professional association representing that group may submit such grievance in writing directly to the Superintendent’s Office, and the processing of the grievance may be commenced at Step 2, providing that the individual employees involved have sought and been denied acceptable remedy from their immediate supervisors.
9. All written and printed matter dealing with the procession of a grievance will be filed separately and away from any personnel files of the participants.
10. The grievance may be withdrawn at any-step under D below but cannot be re-filed.
C. Time Limitations:
A formal grievance shall be filed as soon as possible, but in no event longer than thirty (30) days after disclosure of the facts giving rise to the grievance. For a grievance submitted after 30 days that claims a violation, misapplication or misinterpretation of state or federal law, the superintendent or designee shall determine whether the grievance will be investigated after considering factors such as the reason for the delay; the extent of the delay; the effect of the delay on the ability of the school system to investigate and respond to the complaint; and whether the investigation of the complaint is necessary to meet any legal obligations. However, employees should recognize that delays in filing a grievance may significantly impair the ability of the school system to investigate and respond effectively to such complaints.
Failure by the official at any step to communicate a decision within the specified time limit will permit the grievant to appeal the grievance to the next step unless the official has notified the grievant of the delay and the reason for the delay, such as the complexity of the investigation or report. The official shall make reasonable efforts to keep the grievant apprised of progress being made during any period of delay. Delays may not impermissibly interfere with the exercise of the grievant’s legal rights.
Failure by the grievant at any step to appeal a grievance to the next step within the specified time limit will be considered acceptance of the decision at that step, unless the grievant has notified the official of a delay and the reason for the delay and the official has consented in writing to the delay.
D. Procedure:
The school system seeks to provide and maintain the best possible working conditions for all of its employees. When problems cannot be resolved by free and informal communication, then a grievance may be filed.
All grievances shall be in writing, and the written statement of grievance shall remain the same throughout all steps of the grievance procedure.
Step 1: The employee shall present the grievance in writing to his/her immediate supervisor/designee and the Human Resources Office shall assign a grievance file number. The written grievance shall include the following information: (1) the name of the school system employee or other individual whose decision or action is at issue; (2) the specific decision(s), action(s), or physical condition at issue; (3) any Board policy, state or federal law, state or federal regulation, or State Board of Education policy or procedure that the grievant believes has been misapplied, misinterpreted, or violated; and (4) the specific resolution desired.
A meeting will take place at a mutually agreed-upon time within five (5) days after receipt of the grievance. Each party may have one (1) representative at this meeting. The official shall conduct any investigation of the facts necessary before rendering a decision. The official shall provide the aggrieved employee(s) with a written response within ten (10) days after the meeting.
In the event the immediate supervisor/designee determines at the outset that a Step 1 review is inappropriate, the grievance procedure may originate at Step 2.
Step 2: If the grievance is not resolved at Step 1 within fifteen (15) days of receipt of the Step 1 decision, the employee(s) may refer the grievance for review by the Superintendent. The Superintendent or his/her designee shall arrange for a meeting with the employee(s) to take place within five (5) days of his/her receipt of the appeal. Each party may have one (1) representative at this meeting. The Superintendent/designee shall conduct any investigation necessary before arriving at a decision. The Superintendent/ designee shall provide the aggrieved employee (s) with a written decision within ten (10) days after the meeting.
Step 3: If the grievance is not resolved at Step 1 or 2 within fifteen (15) days of receipt of the Step 2 decision, the employee(s) may request an appeal before the Board of Education. All hearings will be heard by Board panels except when a full Board hearing is required by law. Board panel decisions represent the full board and as such are not appealable to the full Board.
A. Mandatory Appeals: If the grievant is not satisfied with the Superintendent’s response and has alleged a violation of a specified federal or state law, federal or state regulation, State Board of Education policy or procedure, or local board policy or procedure or has alleged that a specific decision of a school official adversely affects the grievant’s employment status or the terms or conditions of his or her employment, the grievant may appeal in writing the decision to the Board within fifteen (15) days of receiving the Superintendent’s response. A hearing will be held consistent with the provisions of Policy 1-18 Appeals and Administrative Guidelines to Policy 1-18 Appeals - Hearings Before the Board.
B. Discretionary Appeals: If the grievant is not satisfied with the Superintendent’s response but has not alleged a violation of a specified federal or state law, federal or state regulation, State Board of Education policy or procedure, or local board policy or procedure or has not alleged that a specific decision of a school official adversely affects the grievant’s employment status or the terms or conditions of his or her employment, the grievant may submit to the Superintendent a written request for a hearing before the Board of Education within fifteen (15) days of receiving the Superintendent’s response. The Board will decide, in its discretion, whether to grant a hearing and will provide a final written decision within thirty (30) days unless further investigation is needed or a hearing requires more time be taken to respond.
C. Hearing Process: See Policy 1-18 Appeals and Administrative Guidelines to Policy 1-18 Appeals - Hearings Before the Board.
LEGAL REF.: Title IX of the Education Amendments of 1972; G.S. 115C-47, 126-16
CROSS REF.: Board Policy, 1-18, Appeals; 1-18, Appeals-Hearings Before the Board, Administrative Guidelines; Board Policy 3-7b, Discrimination, Harassment, and Bullying Complaint Procedure for Employees
UNON COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 3/3/98
REVISED: 3/21/06
REVISED: 5/1/12
REVISED: 11/1/16
REVISED: 3/5/19
REVIEWED BY GENERAL COUNSEL: 4/15/20
REVIEWED BY GENERAL COUNSEL: 1/20/21
1
Any employee who is unsure of whether their issue warrants a formal grievance is encouraged to contact the Director of Employee Relations. Issues that do not rise to the level of a grievance will be addressed either through an investigation or by other appropriate intervention by the Human Resources Department.
Policy References
Title IX of the Education Amendments of 1972; G.S. 115C-47, 126-16
Board Policy, 1-18, Appeals; 1-18, Appeals-Hearings Before the Board, Administrative Guidelines; Board Policy 3-7b, Discrimination, Harassment, and Bullying Complaint Procedure for Employees
3-11 Solicitation or Selling
Revisions History: Reviewed by GC 01/20/2021, Reviewed by GC 04/15/2020, 04/03/2012, 02/21/2006, 12/02/1997 Approved 03/23/1993
SOLICITATION OR SELLING 3-11
All solicitations for school related activities must be approved by the principal.
- No employee shall solicit money from students or parents for additional materials or equipment or create impressions with students that such equipment or materials are necessary except with the principal's permission.
- Soliciting outside the school premises for funds for school activities, or sales of products outside the school premises for funds for school activities by the students or staff of any school, in the name of any school, or in behalf of any school, must have the prior written approval of the Superintendent or the principal. All money collected and expended as the result of such activities shall be recorded in the accounts of the school bookkeeper and shall be subject to the annual school audit. Solicitation or borrowing of products for school activities shall have the principal's approval.
- No employee shall set as a precondition of membership or participation in any course any requirement calling for an expenditure of money by a parent, guardian, or student, except with the knowledge and consent of the Superintendent or principal.
- As a general rule, students, school organizations, teachers and/or other school employees may not sell commercial products during the instructional school day.
LEGAL REF.: N.C.G. S. 14-238, 115C-36, -47 -448
CROSS REF.: Board Policy 3-2, Code of Ethics and Standards of Conduct
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 12/2/97
REVISED: 2/21/06
REVISED: 4/3/12
REVIEWED BY GENERAL COUNSEL: 4/15/20
REVIEWED BY GENERAL COUNSEL: 1/20/21
Policy References
G. S. 14-238
115C-36, -47 -448
3-2a, Employee Code Of Ethics And Standards Of Conduct
3-12 Use Of Employee Mailboxes And Bulletin Boards
Revisions History: Reviewed by GC 01/20/2021, Reviewed by GC 04/15/2020, 02/05/2013, 02/21/2006, 12/02/1997 Approved 03/23/1993
Related Policies & Documents: 3-12 AG (a)
USE OF EMPLOYEE MAILBOXES AND BULLETIN BOARDS 3-12
Employee mailboxes and bulletin boards are to be used only to communicate matters of educational, professional, personal or philanthropic concern. Employees and employee associations may use employee mailboxes to distribute political endorsements, solicitations or personal invitations to political events, provided that such materials are signed by the employee(s). Use of employee mailboxes and bulletin boards for commercial or political advertising is prohibited. However, information concerning annuities, insurance, investments, etc. may be placed in these locations if the company(ies) involved are on the approved list in the Superintendent's office.
LEGAL REF.: G.S. 115C-36, -47
CROSS REF.: Board Policy 3-2, Code of Ethics and Standards of Conduct
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 12/2/97
REVISED: 2/21/06
REVISED: 2/5/13
REVIEWED BY GENERAL COUNSEL: 4/15/20
REVIEWED BY GENERAL COUNSEL: 1/20/21
Policy References
G.S. 115C-36, -47
3-2a, Employee Code Of Ethics And Standards Of Conduct
3-12 AG (a) Use of Employee Mailboxes and Bulletin Boards
Use of Employee Mailboxes and Bulletin Boards Administrative Guidelines 3-12
Union County Board of Education Policy 3-12 addresses distributing political materials but not visits. Here are established guidelines concerning politicians' visits to schools:
1. Politicians may visit schools. Visits must be by prearranged appointment with the principal. If a principal allows one politician to visit, equal opportunity and treatment must be afforded all politicians who make a visit request.
2. Politician visits cannot interfere with the instructional day of students unless it is directly related to grade appropriate curriculum (for example, teaching a high school civics or political systems class).
3. No video or photos with children can be made for political promotion without the written consent of parents.
Approved 2-21-06
Policy References
3-13 Nepotism
Revisions History: 05/04/2021, Reviewed by GC 04/15/2020, 12/04/2018, 10/04/2016, 09/04/2012, 10/16/2006, 12/02/1997 Approved 03/23/1993
The Board believes that full public disclosure is a strong deterrent to conflicts of interest in the employment and assignment of immediate family members of Board members and administrators.
For purposes of this Policy, the following definitions apply.
i. “Immediate family” means spouse, partner, parent, child, sibling, grandparent, or grandchild. The term includes the step, half, and in-law relationships.
ii. “Administrator” means Superintendent, Assistant Superintendents, Chief Officers, Directors, Supervisors, Specialists, Principals, and Assistant Principals.
Before any immediate family of any Board member or administrator is employed by the Board or engaged in any capacity as an employee, independent contractor, or otherwise, (1) the Board member or administrator must disclose the familial relationship to the Board and (2) the prospective employment or engagement must be approved by the Board in a duly called open session meeting.
i. An employee who knowingly fails to disclose a familial relationship (at any time, including during the application process) to the Board or designee as required will be subject to disciplinary action up to and including dismissal.
ii. Notification by the employee to the Assistant Superintendent of Human Resources will be deemed disclosure to the Board. The Assistant Superintendent of Human Resources is responsible for conveying the disclosure to the Board before the Board takes action on the prospective employment or engagement.
When making recommendations for the selection and assignment of personnel, the Superintendent shall avoid situations in which one employee occupies a position in which he or she has influence over the employment status, including hiring, salary, evaluation and promotion, of another employee who is a member of the first employee’s immediate family.
No employee shall be placed under the direct authority of another employee who is a member of his/her immediate family or with whom s/he resides.
All employees, not just administrators, sitting on an interview team shall disclose to the head of the interview team if s/he has a relationship, outside of the employment context, with a person being interviewed.
LEGAL REF.: G. S. 115C-36, -47, G.S. 14-234 et seq.
CROSS REF.: Board Policy 3-2a, Employee Code of Ethics and Standards of Conduct
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 12/2/97
REVISED: 10/16/06
REVISED: 9/4/12
REVISED: 10/4/16
REVISED: 12/4/18
REVIEWED BY GENERAL COUNSEL: 4/15/20
REVISED: 5/4/21
Policy References
G. S. 115C-36, -47, G.S. 14-234 et seq.
Board Policy 3-2a, Employee Code of Ethics and Standards of Conduct
3-14 Notice of Vacancies
Revisions History: Reviewed by GC 01/20/2021, Reviewed by GC 04/15/2020, 01/10/2019, 04/03/2012, 02/21/2006, 05/17/2005, 01/06/1998, 05/03/1994 Approved 03/23/1993
All vacancies occurring during the school year shall be posted on the Union County Public Schools’ Website on the Human Resources Page at “current job openings” prior to filling of said vacancies; however, the Superintendent or designee may forgo publicizing a vacancy if the position will be filled through a lateral assignment, reassignment, or promotion of a current employee or if exigent circumstances necessitate that the position be filled immediately. Current and potential employees shall be notified of open positions through whatever medium the Superintendent finds to be effective and efficient. No one shall be employed for a position until said position has been incorporated in the current budget by the Finance Officer.
LEGAL REF.: N.C.G.S. 115C-36, -47
CROSS REF.: Board Policy 3-3, Recruitment, Selection, and Personnel
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 5/3/94
REVISED: 1/6/98
REVISED: 5/17/05
REVISED: 2/21/06
REVISED: 4/3/12
REVISED: 1/10/19
REVIEWED BY GENERAL COUNSEL: 4/15/20
REVIEWED BY GENERAL COUNSEL: 1/20/21
Policy References
G. S. 115C-36, -47
3-3, Recruitment, Selection, And Personnel
3-15 Employee Conflict of Interest
Revisions History: 05/04/2021, Reviewed by General Counsel 04/15/20, Approved 10/04/2016
Related Policies & Documents: 3-15 AG (a)
The Board expects all employees to avoid engaging in any conduct that creates or gives the appearance to the public of creating a conflict of interest with their job responsibilities with the district. Although there may be other conflicts of interests, employees must follow Board directives in the following areas.
Financial Interests
An employee shall not engage in or have a financial interest, directly or indirectly, in any activity that conflicts with duties and responsibilities in the school system. In addition, employees engaged directly or indirectly in the district’s procurement, purchasing, and/or contracting process must comply with Board Policy.
1. Contracts with the Board
An employee shall not do any of the following:
a. obtain a direct benefit from a contract that he or she is involved in making or administering on behalf of the board, unless an exception is allowed pursuant to G.S. 14-234 or other law;
b. participate in the selection, award, or administration of a contract supported in whole or in part by federal funds if the employee has a real or apparent conflict of interest;
c. influence or attempt to influence anyone who is involved in making or administering a contract on behalf of the board; or
d. solicit or receive any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of a contract by the board.
An employee is involved in administering a contract if he or she oversees the performance of the contract or has authority to interpret or make decisions regarding the contract. An employee is involved in making a contract if he or she participates in the development of specifications or terms of the contract or participates in the preparation or award of the contract. An employee derives a direct benefit from a contract if the employee or his or her spouse does any of the following: (1) has more than a 10 percent ownership or other interest in an entity that is a party to the contract; (2) derives any income or commission directly from the contract; or (3) acquires property under the contract.
2. Outside Employment (including self-employment)
The Board recognizes that some employees may pursue additional employment on their own time. Any such employee shall not engage in any of the following:
a. non-school employment that adversely affects the employee’s availability or effectiveness in fulfilling job responsibilities;
b. work of any type in which the sources of information concerning customer, client, or employer originate from any information obtained through the school system;
c. work of any type that materially and negatively affects the educational program of the school system;
d. any type of private business that uses any of the Intellectual Property of the district, including but not limited to any work, curriculum, assessments, materials, documents, procedures, etc. developed by the employee as a part of the employment with the district;
e. any type of private business using system facilities, equipment, or materials, unless prior approval is provided by the Superintendent, including but not limited to the completion of a Facilities Use agreement; or
f. any type of private business during school time or on school property, absent an approved Facilities Use agreement.
g. When tutoring for pay, see Policy 3-2a, Employee Code of Ethics and Standards of Conduct.
Any employee who is seeking to engage in outside employment, shall report that employment, in writing, to their supervisor prior to beginning.
Receipt of Gifts
No school employee may accept gifts from any person or group desiring to do or doing business with the school system, unless such gifts are instructional products or advertising items of nominal value that are widely distributed. No school employee may solicit or accept any gifts from any potential provider of E-rate services or products in violation of federal gifting rules.
Misuse of Information
An employee shall not do any of the following:
1. use information, which was learned in the employee’s role as an employee and which has not been made public, to acquire a financial interest or gain a financial benefit, or to intentionally help another do so; or
2. acquire or gain, or intentionally help another person to acquire or gain, a financial interest or benefit in contemplation of official action by the employee or the school system.
Legal References: G.S. 14-234, -234.1; 115C-36 115C-47(18);133-23 et seq; 133-32; 47 C.F.R. 54.503; FCC Sixth Report and Order 10-175
CROSS REF.: Board Policy 2-17, Ethics and the Purchasing Function
Board Policy 3-2a, Code of Ethics and Standards of Conduct
UNION COUNTY BOARD OF EDUCATION:
APPROVED: 10/4/16
REVIEWED BY GENERAL COUNSEL: 4/15/20
REVISED: 5/4/21
Policy References
G.S. 14-234
-234.1
115C-36, 115C-47(18)
133-23 et seq
133-32
47 C.F.R.54.503
FCC Sixth Report and Order 10-175
2-17, Ethics and The Purchasing Function
3-2a, Employee Code Of Ethics And Standards Of Conduct
3-15 AG (a) Employee Conflict of Interest
Revisions History: 03/02/2021, Adopted 10/04/2016
DEFINITIONS
For the purpose of this regulation, the following definitions will apply:
a. Gift: A gift is any benefit or item of value received, except for trinkets of minimal value (i.e., coffee mugs, key chains, caps, and the like). Plaques and like commemorative items are not considered to be gifts. See Reference (c).
b. Administrative employee: An administrative employee will be defined as to include assistant principal, principal, director, assistant director, supervisor and Cabinet staff member.
c. Vendor: An individual, organization, or agency with an interest in selling a product or service to the district, either their own or that of another as their agent, for a price or pecuniary equivalent.
d. Partner: An individual, organization, or agency associated with the district as a contributor in a joint endeavor. One that is united or associated with the district in an activity or area of common interest.
ACKNOWLDEGEMENT
Upon completion of new employee orientation, each administrative employee will complete a Conflict of Interest Training Acknowledgement Form for New Administrative Employees indicating that he or she understands the District’s policies and procedures regarding conflict of interest.
Each administrative employee will review the Policy 3-15, Employee Conflict of Interest, module on the SafeSchools Platform annually. After review of the Policy, the administrative employee will indicate that s/he has no conflicts of interest which need to be reported and certifying that he or she will conform to the requirements of policy as hereinafter set forth.
In the case of E-Rate matters, said requirements supersedes these administrative guidelines. All E-Rate employees, regardless of pay grade, will complete the conflict of interest form semi-annually.
PROCEDURES
Procedures for conflict of interest requirements are as follows:
a. No gift, favor, loan, service, or anything of value will be accepted or solicited by employees. Specific examples of prohibited gifts from District vendors and prospective vendors include, but are not limited to:
• Game tickets (i.e., football, basketball, baseball, soccer, and any other sporting events);
• Entertainment tickets (i.e., theatre, shows, circus, and other entertainment events);
• Hunting or fishing trips, and related paraphernalia;
• Vendor paid or assisted vacations;
• Free services;
• Utilization of facilities;
• Clothes or jewelry;
• Electronic devices; and
• Monetary gifts of any kind.
POTENTIAL CONFLICTS OF INTEREST
If an employee has a question regarding a potential conflict of interest or ethical issue, he or she must report the potential conflict to his or her supervisor. The supervisor will contact the Human Resources Division with a preliminary recommendation. Human Resources will refer any unresolved questions or problematic recommendations to the Conflict of Interest Review Committee for review of possible violations. The employee, appropriate direct report to the superintendent, and superintendent are notified of the decision of the Conflict of Interest Review Committee.
REPORTING ITEMS OF VALUE
The SafeSchools platform will send each administrative employee copies of the disclosure and policy two times per year. Each administrative employee must complete the Semi-Annual Conflict of Interest Statement and attach it to Semi-Annual Disclosure Statement indicating that he or she will conform to the requirements of these guidelines. Human Resources will refer any unresolved questions or problematic recommendations to the Conflict of Interest Review Committee for review of possible violations. The employee, appropriate direct report to the Superintendent, and Superintendent are notified of the decision of the Conflict of Interest Review Committee.
STANDARDS OF CONDUCT
Employee standards of conduct are as follows.
a. As a general rule, no gift, favor, loan, service, or anything of value will be accepted by district employees from vendors or prospective vendors seeking to do business with the district. The only exceptions to this rule include trinkets of minimal value (see definition of gift above), meals, conference registration fees, or travel expenses as outlined in c below.
b. Meals that exceed $50 per meal or up to $100 in the aggregate per year (September 1 through August 31) from any single source will be reported. Meals exceeding $100 in the aggregate from any single source are strictly prohibited.
Supervisors may impose more strict standards with written notice to their staff members.
c. No employee will accept payment of conference registration fees nor trips financed by a company or firm without securing advance written guidance from the Superintendent. Upon approval, an employee may accept payment of conference registration fees and or associated travel expenses from partners if it serves the general benefit of the District. An employee may accept meals, transportation, and lodging expenses in connection with services (i.e., addressing an audience or engaging in a seminar) to the extent that those services are more than merely perfunctory.
d. Employees may not accept anything of value from a current or prospective vendor. If the party is both a nonprofit vendor and a partner, an exception may be requested. Examples of items for which an exception might be requested include free/discounted training services or expenses associated with site visits. Such requests should be submitted in writing and submitted to the Superintendent with a clear statement of how the requested exception serves the general benefit of the District. Approval of such requests will be rare and approved only in extenuating circumstances as determined by the Superintendent.
An employee’s official position will not be used to secure special privileges or exemptions for the employee or others except as may be otherwise provided by law. If an employee is in doubt concerning a potential conflict, he or she must ask for written clarification from his or her immediate supervisor. This written clarification should pertain to a specific potential conflict of interest.
e. No gift, favor, loan, service, or anything of greater than $50 in value will be accepted by employees from subordinates. See gift as defined above.
f. No employee will disclose confidential information gained by his or her official position or use such information for his or her personal gain or benefit. This pertains to any confidential information to which an employee might have access, including but not limited to:
• Information from confidential student records;
• Confidential information from employee records;
• Impending real estate transactions as they relate to the District; and
• Purchases contemplated by the District when such information might give an unfair advantage to one company.
g. No administrative employee of the district will accept other employment that might impair his or her independence of judgment in the performance of his or her public duties.
h. If an employee has a question about whether his or her personal activities might in any way be in conflict with the best interests of the District or established legal, moral, or ethical principles, he or she will seek written clarification of these points from his or her immediate supervisor.
UNION COUNTY BOARD OF EDUCATION
ADOPTED: 10/4/16
REVISED: 3/2/21
Policy References
3-16 Leave and Benefits
Revisions History: 11/08/2018, 10/04/2016, 05/11/2010, 02/21/2006, 05/18/1999, 11/04/1998, 01/06/1998 Approved 03/23/1993
Related Policies & Documents: 3-16 AG (a)
It is the policy of the Board to comply with the benefits and employment policies promulgated by the State Board of Education or the Department of Public Instruction in the most current edition of the North Carolina Public Schools Benefits and Employment Policy Manual, as supplemented by any state and federal laws and regulations including but not limited to the Family Medical Leave Act applicable State Board and local Board policy. All leave policies shall be in accordance with these sources.
LEGAL REF.: G.S. 95-28.3, G. S. 115C-12, - 36, -47, -84.2, -302.1, -316, -325, -336, -336.1, 16 NCAC 6c .0401 - .0405 Family Medical Leave Act – 28 U.S.C. § 2601 et.seq.
CROSS REF.: DPI Employee Benefits and Employment Manual
UCPS Employee Benefits and Employment Manual
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 1/6/98
REVISED: 11/4/98
REVISED: 5/18/99
REVISED: 2/21/06
REVISED: 5/11/10
REVISED: 10/4/16
REVISED: 11/8/18
Policy References
G.S. 95-28.3, G. S. 115C-12, - 36, -47, -84.2, -302.1, -316, -325, -336, -336.1, 16 NCAC 6c .0401 - .0405 Family Medical Leave Act – 28 U.S.C. § 2601 et.seq.
CROSS REF.: DPI Employee Benefits and Employment Manual
UCPS Employee Benefits and Employment Manual
3-16 AG (a) Types of Leave
I. Types of Leave Covered
A. Annual Leave (including Bonus)
B. Family and Medical Leave Act (FMLA)
C. Holidays
D. Jury Duty and Court Attendance
E. Military
F. Personal
G. Sick
H. Voluntary Shared Leave
II. Annual Leave
A. Use of Annual Leave
B. Approval
C. Units of Annual Leave
D. Restrictions on Use
E. Bonus Leave
III. Family and Medical Leave Act of 1993 (FMLA)
These guidelines are intended for guidance only and is not intended to alter or expand the school system’s responsibilities beyond the requirements of law. If any provision of this is inconsistent with federal law or regulation, the federal rule must take precedence. The Superintendent is authorized to develop additional regulations for FMLA leave consistent with the requirements of the law and this policy. Employees can find more information about FMLA leave in the North Carolina Public Schools Benefits and Employment Policy Manual.
A. Definitions
1. Serious Health Condition
2. Continuing Treatment
3. Other Terms
B. Eligibility
• been employed by the school system for at least 12 months (not necessarily consecutively); and
• worked at least 1,250 hours during the previous 12 months.
C. Qualifying Conditions
• the birth and first-year care of the employee’s child;
• adoption or foster placement of a child with the employee;
• a serious health condition of the employee or the employee’s spouse, child or parent;
• a qualifying exigency arising out of the fact that the spouse or a son, daughter or parent of the employee has been deployed, or is on notice of an impending deployment to a foreign country as a member of the regular Armed Forces on active duty or as a member of the Reserve components of the Armed Forces under a federal call or order to active duty in support of a contingency operation; or
• to care for a covered servicemember with a serious illness or injury (“covered servicemember” and “serious injury or illness” are defined in federal regulation 29 C.F.R. 825.127). An employee who is a spouse, son, daughter, parent or next of kin of the servicemember may take leave for a period of up to 26 workweeks under this provision.
D. Determining the 12-Month Leave Period
E. Entitlement to Leave
• Medical leave for serious health conditions: A combined total of 12 workweeks during a 12-month period. The leave may be taken intermittently or on a reduced leave schedule as is medically necessary.
• Family leave for pregnancy, birth of a child or placement of a child for foster care or adoption: A combined total of 12 consecutive workweeks during a 12-month period. Eligibility for FMLA leave expires 12 months from the birth, foster care placement or adoption of the child. Leave must be used in a single block of time unless the Board agrees to another arrangement.
• Military service exigency: A combined total of 12 workweeks during a 12-month period. The leave may be taken intermittently or on a reduced leave schedule.
• Leave to care for injured servicemember: A combined total of no more than 26 workweeks during a single 12-month period. The leave may be taken intermittently or on a reduced leave schedule. If combined with other types of FMLA leave, the total leave taken in a single 12-month period still may not exceed 26 weeks.
• Spouses employed by the school system: Spouses who are both employed by the school system and eligible for FMLA leave are limited in the amount of family leave they may take for the birth and care of a newborn child, for the placement of a child for adoption or foster care or to care for a parent who has a serious health condition to a combined total of 12 weeks (or 26 weeks if leave to care for a covered servicemember with a serious injury or illness is also used).
F. Qualified Military Service Exigencies
• short-notice deployment;• military events and related activities;• school and childcare activities;• financial and legal arrangements;• counseling;• rest and recuperation leave;• post-deployment activities;• parental care; and• additional activities agreed upon by the Board and employee.
G. Intermittent or Reduced Work Schedule
H. Instructional Personnel
• Instructional employees may use intermittent or reduced schedule leave only when the employee and the school system have reached an agreement on how the leave will be used.
• If an instructional employee requests intermittent or reduced schedule leave for more than 20 percent of the workdays of the duration of a leave due to medical treatment, the school system may require the employee to take continuous leave for up to the entire duration of the scheduled leave or to transfer to an alternative position with equivalent pay and benefits for the period of leave.
• Instructional employees who take intermittent or reduced schedule leave that constitutes 20 percent or less of the workdays during the leave period are not subject to transfer to an alternative position.
Extension of FMLA Leave at School System Discretion - The school system may require instructional personnel to continue leave through the end of the school semester if any of the following conditions exist:
• the leave will begin more than five weeks before the end of the term; the leave will last at least three weeks; and the employee would return to work in the last three weeks of the academic term;
• the leave is for a purpose other than the employee’s own serious health condition or for a military exigency; the leave will begin in the last five weeks of the term; the leave will last more than two weeks; and the employee would return to work during the last two weeks of the academic term; or
• the leave is for a purpose other than the employee’s own serious health condition or for a military exigency; the leave will begin in the last three weeks of the term; and the leave will last at least five days.
I. Employee’s Responsibility When Requesting Leave
• The employee must provide 30 days’ advance notice of the need to take FMLA leave when the need is foreseeable. If this amount of notice is not possible, then notice must be given as soon as practicable, taking into account all of the facts and circumstances.
• The employee must provide sufficient information for the school system reasonably to determine (1) whether the FMLA may apply to the leave request and (2) the anticipated timing and duration of the leave. This information would include, for example, notice that the employee is unable to perform job functions, notice that the family member is unable to perform daily activities, notice of the need for hospitalization or continuing treatment by a health care provider or notice of circumstances supporting the need for military family leave.
• If the employee does not provide 30 days’ notice and there is no reasonable justification for the delay, the school system may delay the FMLA leave until at least 30 days after the employee provides notice of the need for FMLA leave.
• If an instructional employee fails to give the required notice of foreseeable leave for an intermittent or reduced leave schedule, the school system may require the employee to take continuous leave for the duration of his or her treatment or may temporarily transfer the employee to an alternative position for which the employee is qualified and that has the same benefits.
Employee’s Responsibilities When Leave is Not Foreseeable
• When leave is not foreseeable, the employee must comply with the usual school system procedures for notifying his or her supervisor of the absence and requesting leave. If the employee fails to do so, the leave may be delayed or denied.
• When giving notice of an absence, the employee must inform the supervisor if the requested leave is for a reason for which FMLA leave was previously taken or certified.
• The employee also must notify the Assistant Superintendent of Human Resources or designee of the need for FMLA leave as soon as practicable.
• All employee responsibilities in the FMLA for notice, medical certification, fitness for duty certification and notice of intent to return to work apply as specified in these guidelines.
J. School System’s Designation and Notice to Employee
K. Certification
L. Return to Work
M. Substitution of Paid Leave
N. Restoration to Equivalent Position
O. Continuation of Health Benefits
P. Posting Requirement
Q. Recordkeeping Requirement
R. Enforcement
S. Outside Employment/Falsification of Records
IV. Holidays
A. Notice and Documentation Requirements
B. Religious Holidays
V. Jury Duty and Court Attendance
VI. Military Leave
Employees are encouraged to schedule short periods of required active duty during vacation periods so as not to interfere with regular duties of the individual’s employment.
A. Notice and Documentation Requirements
For leave periods exceeding 30 days, the employee must also either provide written documentation evidencing performance of military duty or identify the military command in order for the school system to verify the request.
B. Short-Term Military Leave with Pay
C. Unpaid Military Leave for Extended Active Duty
D. Reinstatement from Military Leave
E. Explanation of Benefits
F. Compliance with Other Requirements
VII. Personal Leave
A. Eligibility and Rate of Earning
B. Use of Personal Leave
C. Limitations on Personal Leave
VIII. Sick Leave
A. Eligibility and Rate of Earning
B. Purposes for Sick Leave
• Any actual period of illness or injury, which prevents an employee from performing his or her usual duties.
• Up to 30 days of earned sick leave may also be used to care for a child placed with an employee for adoption.
• Medical appointments of the employee.
• Illness in the immediate family and medical appointments related to the illness that necessitates the employee’s attendance.
• Death in the immediate family.
C. Verification of Need for Sick Leave
Whenever possible, employees should give 30 days advance notice of plans to take sick leave for elective medical or surgical procedures or for childbirth.
IX. Voluntary Shared Leave
A. Permitted Salary Deductions for Absences and Discipline of Exempt Employees
• for absences of one or more full day(s) for personal reasons other than sickness or disability;• for absences of one or more full day(s) due to sickness or disability if the deduction is made in accordance with the school's leave policies;• to offset amounts employees receive as jury or witness fees or for military pay; or• for unpaid disciplinary suspension of one or more full days imposed in good faith for workplace conduct rule infractions.• In addition, the Board may make partial day or full day deductions from salary in the following circumstances:
i. during the initial or final week of employment;ii. for penalties imposed in good faith for infractions of safety rules of major significance; oriii. for weeks in which an exempt employee takes unpaid leave under FMLA.
B. Reporting Improper Deductions
Legal References: Americans With Disabilities Act, 42 U.S.C. 12101 et seq.; Family and Medical Leave Act of 1993, as amended, 29 U.S.C. 2601 et seq.; 29 C.F.R. pt. 825; National Defense Authorization Act for 2008, Pub. L. 110-181 sec. 585; The Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 201 et seq.; Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301 et seq.; G.S. 115C-47, -302.1(g), -302.1(g1); 127A art. 16; 16 N.C.A.C. 6C.0406; G.S. 115C-12.2, -47, -325 (applicable to career status teachers), -325.1 et seq. (applicable to non-career status teachers), -336; 16 N.C.A.C. 6C .0402; North Carolina Public Schools Benefits and Employment Policy Manual (N.C. Dept. of Public Instruction, current version), available at http://www.ncpublicschools.org/district-humanresources/key-information
Policy References
3-17 Professional Personnel Compensation and Contracts
Revisions History: Reviewed by GC 1/21/2021, Reviewed by GC 04/15/2020, 05/01/2012, 03/21/2006, 03/03/1998 Approved 03/23/1993
PROFESSIONAL PERSONNEL COMPENSATION AND CONTRACTS 3-17
CONTRACTS FOR EMPLOYMENT
Contracts for employment offered to all new professional employees are between the Union County Board of Education and the employee and do not guarantee assignment to a particular school or position. The employee must sign and return the contract to the office of the Superintendent within 14 days if he/she wishes to accept the offer. Failure to do so is deemed a rejection of the offer of employment.
Contracts will include the term of employment and any special conditions. The individual employee must provide all information necessary for proper licensing and credit for prior work experience to the appropriate division of the North Carolina Department of Public Instruction or licensing agency. Contracts for any position requiring licensing will be valid only after such licensing has been secured.
EXTRA DUTY CONTRACTS
Any probationary teacher with assigned coaching or other extra duty responsibilities may be required to continue to fulfill all such duties and responsibilities as a condition of continued employment. Any career teacher with an extra duty clause in the “special conditions” section of his/her contract may be required to continue to fulfill all such duties and responsibilities as a condition of continued employment. Failure to do so may be considered grounds for dismissal.
SALARY SUPPLEMENT
The salary supplement paid to licensed personnel will be earned on the basis of an adopted schedule. If employment is less than the full contract year, the supplement will be pro-rated.
The Board shall be notified when a principal decides to give up his/her tenure status and negotiate his/her contract with the school system. Notification shall include the financial package and other conditions of the contract.
LEGAL REF.: N.C.G.S. 115C-47, -299, -307, -325
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 3/3/98
REVISED: 3/21/06
REVISED: 5/1/12
REVIEWED BY GENERAL COUNSEL: 4/15/20
REVIEWED BY GENERAL COUNSEL: 1/21/21
Policy References
G.S. 115C-47, -299, -302, -307, -325
3-18 Staff Time Schedules
Revisions History: 08/04/2020, 01/10/2019, 04/03/2012, 03/21/2006, 05/18/1999, 08/04/1998 Approved 03/23/1993
Related Policies & Documents: 3-18 AG (a)
LICENSED AND PROFESSIONAL STAFF WORK DAY
The length of the school day for licensed and professional staff shall be a minimum of seven (7) hours and 30 minutes but shall continue until the teacher has completed his or her professional responsibilities to the students and the school. Examples of the kinds of activities which will require the continuation of professional service beyond the departure of students include program development, professional growth activities, faculty meetings, bus duty, parent conferences, special help for individual students, and care of school property and equipment. Work schedules for other employees will be defined by the Superintendent or designee, consistent with the Fair Labor Standards Act (FLSA) and the provisions of this policy.
CLASSIFIED STAFF WORK DAY
The normal workday shall be eight (8) hours, with only those exceptions as specific job assignments may require. Qualification as a full-time employee shall require a minimum of a six (6) hour workday and a 30-hour workweek.
TEACHER ASSISTANT WORK DAY
Although, the typical work week for teacher assistants shall be 37 ½ hours, which equals a seven and one-half (7 1/2) hour workday, salary will cover 40 hours to allow for staff meetings and other assigned duties. Any other hours required in the performance of their duties are not to exceed 40 hours per week without the express authority of the principal and additional remuneration as discussed below.
WORKWEEK DEFINED
Working hours for all employees not exempted under the FLSA, including secretarial, cafeteria, janitorial and maintenance personnel, will conform to federal and state regulations. The Superintendent, or designee, shall ensure that job positions are classified as exempt or non-exempt and that employees are made aware of such classifications. Supervisors shall make every effort to avoid circumstances that require non-exempt employees to work more than 40 hours each week. For purposes of FLSA compliance, the workweek for school system employees will be 12:00 a.m. Sunday until 11:59 p.m. Saturday. A copy of the FLSA and any administrative procedures established by the Superintendent, or designee, will be available to employees in the human resources office.
OVERTIME AND COMPENSATORY TIME
The Board discourages overtime work by non-exempt employees. A non-exempt employee may not work overtime without the express approval of his or her supervisor. All overtime work must be approved by the Superintendent or designee. All supervisory personnel shall monitor overtime use on a weekly basis and report such use to the Superintendent or designee. Principals and supervisors shall monitor employees’ work, shall ensure that overtime provisions of this policy and the FLSA are followed, and shall ensure that all employees are compensated for any overtime worked. Principals or supervisors may need to adjust daily schedules to prevent non-exempt employees from working more than 40 hours in a work week. Accurate and complete timesheets of actual hours worked during the work week must be signed by each employee and submitted to the Finance Officer. The Finance Officer shall review work records of employees on a regular basis to make an assessment of overtime use.
In lieu of overtime compensation, non-exempt employees may receive compensatory time off at a rate of not less than one and one-half hours for each one hour of overtime worked, if such compensatory time (1) is agreed to by the employee before the overtime work is performed and (2) is authorized by the immediate supervisor. Employees must be allowed to use compensatory time within a reasonable period after requesting such use. In addition, upon leaving the school system, an employee must be paid for any unused compensatory time at the rate of not less than the higher of (1) the average regular rate received by the employee during his or her last three years of employment or (2) the final regular rate received by the employee.
Non-exempt employees whose workweek is less than 40 hours will be paid at the regular rate of pay for time worked up to 40 hours. Such employees will be provided overtime pay or compensatory time as provided above for working more than 40 hours in a workweek.
Employees will be provided a copy of this policy and will be required to sign it, in person or electronically, to acknowledge their understanding of overtime and compensatory time provisions. Such signed policy will constitute the agreement required in this section.
WORK LOAD
The principal, with assistance from the Site-Based Management Team, is responsible for determining the academic schedules within his/her respective school.
PLANNING TIME
The Board recognizes the value of providing planning time for classroom teachers within the regular school day. Therefore, it is the goal of the Board to provide, within the constraints of the provision of funding and to the maximum extent that safety and supervision of students will allow, planning time on a regular basis for full-time classroom teachers. The goal will be to provide an average of five hours of planning time per week.
ATTENDANCE EXPECTATIONS
All employees are expected to be present during all working hours. Absence without prior approval, chronic absences, habitual tardiness or abuses of designated working hours are all considered neglect of duty and will result in disciplinary action up to and including dismissal.
LEGAL REF.: The Fair Labor Standards Act of 1938, as amended, 29 U.S.C.
201, et seq.: G.S. 115C-47(18), -288, -307; North Carolina Public School Personnel Employee Salary and Benefits Manual (most current version), North Carolina Department of Public Instruction, Division of School Business
N.C.G. S. 115C-36, -47, -84.1 et seq.
CROSS REF: 3-18 TELEWORKING, ADMINISTRATIVE GUIDELINES
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 8/4/98
REVISED: 5/18/99
REVISED: 3/21/06
REVISED: 4/3/12
REVISED: 1/10/19
REVISED: 8/4/20
Policy References
The Fair Labor Standards Act of 1938, as amended, 29 U.S.C.
201, et seq.: G.S. 115C-47(18), -288, -307; North Carolina Public School Personnel Employee Salary and Benefits Manual (most current version), North Carolina Department of Public Instruction, Division of School Business
N.C.G. S. 115C-36, -47, -84.1 et seq.
CROSS REF: 3-18 TELEWORKING, ADMINISTRATIVE GUIDELINES
3-18 AG (a) Teleworking
Revisions History: REVIEWED BY CABINET 08/03/20, ADOPTED 03/17/2020
All employees assigned to work from home are expected to adhere to the following rules and procedures. The assignment to work from home, is at the discretion of the Superintendent, designee, and is not appealable to the Board.
Work Environment.
1. Employees should have a safe place to work.
2. Have a clearly defined work area that is:
a. Clean;b. Well ventilated; andc. Free from excessive clutter and obstacles
3. Employees should be able to respond to an emergency if injured in the workplace and have access to first aid measures.4. If an employee believes s/he does not have a safe workspace at home, they should contact a supervisor. In this situation, the Superintendent may establish satellite locations.
5. Injuries occurring during normal work hours while working from home should be immediately reported to an employee’s supervisor.
6. Except for school-issued devices (computers, tablets, phones, etc.) and school-related office supplies, employees are responsible for the configuration of and all expenses and services associated with their workspace unless expressly agreed otherwise. This includes, but is not limited to, furniture, routers, modems, and internet service.
7. Office supplies provided by your school or department should be used only for work-related activities.
Work Time and Leave.
1. Employees working from home must: (1) follow a schedule assigned to them by their supervisor; or (2) create a schedule that is approved by their supervisor. The schedule should be clearly documented for employees.
2. While temporarily working from home, employees should work as if they were in their regular work location and make reasonable efforts to maintain confidentiality (including but not limited to student and personnel information and all passwords and log-in information), productivity, performance, communication and responsive-ness standards as if they were not temporarily teleworking. It is understood that as public employees, school district employees have a special obligation to insure that employees and work resources are being used efficiently and productively.
3. Regularly check your voicemails on your work phone, if applicable. Create a voicemail message indicating you are working from home and other means in which to reach you.
4. Hourly employees (non-exempt) should track their hours worked at home. Exempt employees may be asked to track their hours as well.5. If applicable, employees should take regularly assigned meal and break times.
6. Hourly employees may not work overtime unless approved by their supervisor.
7. Employees are expected to be available during their scheduled work hours for phone calls, email and other messages, teleconference meetings and scheduled meetings at the school or central office. Employees are expected to maintain the same response times as if you were at your regular work location.
8. For non-instructional personnel, regularly communicate project/task completion to supervisors. Supervisors may require updates on project/ task completion.
9. Instructional employees should begin remote/digital learning with students at the coordinated direction of the Superintendent, or designee.10. Employees are obligated to continue to follow all relevant district policies and procedures while working from home, including requesting leave from work. If an employee needs to take leave for a normal reason, the employee should notify his or her supervisor or other appropriate designee.
Technology and Security.
1. Ensure your home network is secure.2. Do NOT open ANY attachment to an email or other communication unless you are sure of the source. Any non-UCPS remote desktop feature is subject to cyber-attack and you must be very vigilant during this time period since such attacks may increase.
3. Change your router password from the factory preset if you have not already done so.4. Avoid using public Wi-Fi networks when working remotely or logging in to your work-related network.5. An employee’s home network (internet access, modem, router, etc.) is the responsibility of the employee.6. If needed, https://helpdesk.ucps.k12.nc.us contact for assistance.7. The Superintendent, or designee, reserves the right to monitor internet activity conducted on district owned devices, accounts, networks, and while conducting district business.
Childcare.
1. Typically, working from home is not a substitute for childcare and employees working from home must have adequate childcare; however, working from home requires flexibility.
2. While many employees will need to tend to normal childcare matters when working at home, employees should not count extended amounts spent on childcare as “work time.”
Termination of Teleworking Arrangement.
The Superintendent, or designee, may terminate the teleworking agreement at his/her discretion. Termination of a teleworking arrangement by the Superintendent, or designee, is not grievable to the Board. All other grievable rights shall be set forth in Policy 1-18 Grievances, Complaints, and Appeals. Failure to adhere to these guidelines may result in the termination of the teleworking arrangement and other disciplinary measures.
Teleworking Agreement.
The Superintendent may require a signed agreement to document the terms of the Teleworking Arrangement.
Review.
ADOPTED: 3/17/20
REVIEWED BY CABINET: 8/3/20
Policy References
3-19 Administration Of Medication And/Or First Aid
Revisions History: 12/07/2021, 10/06/2020, 08/07/2012, 06/20/2006, 08/04/1998 Approved 03/23/1993
The Board recognizes that students may need to take medication during school hours. Students may not administer or be administered medication (prescription or over-the-counter) on school grounds without written authorization and instruction as set forth in Board of Education policy 4-6 (Administration of Medicines). However, employees should give emergency health care when circumstances indicate that any delay may seriously worsen the physical condition or endanger the life of the student and to perform any other first aid or lifesaving technique in which the employee has been trained in a program approved by the State Board of Education, unless the student has an Individual Health Care Plan which provides otherwise. The Superintendent, or designee, periodically will provide access to such training programs.
North Carolina law regarding the provision of medical care to students and the possession and self-administration of medication is hereby adopted as policy of the Board. The Superintendent may develop administrative guidelines and notices to students, parents, and guardians to support this policy.
In limited circumstances, a student may be authorized to self-administer medications. To minimize disruptions to the school day, students should take medications at home rather than at school whenever feasible. School officials may deny a request to administer any medication that could be taken at home or when, in the opinion of the Superintendent or designee in consultation with school nursing personnel, other treatment options exist and the administration of the medication by school personnel would pose a substantial risk of harm to the student or others.
For purposes of this policy, all references to “parent” include parents, legal guardians, and legal custodians. In addition, for purposes of this policy, the term “health care practitioner” is limited to licensed medical professionals who are legally authorized to prescribe medications under North Carolina law, such as doctors of medicine, doctors of osteopathic medicine, physician assistants, and nurse practitioners.
Unless otherwise indicated, the terms “medication” and “medicine” include any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease. The term includes all prescription medications and all such substances available over-the-counter without a prescription, such as drugs, herbs, alternative medicines, and supplements (hereinafter “over-the-counter drugs”). The administration of any prescription or over-the-counter drug to students by school employees is prohibited except when performed in accordance with Section A.
The administration, including by parents, school employees, or self-administration, of any substance containing cannabidiol (CBD) or tetrahydrocannabinol (THC) at school is prohibited unless (1) authorized by and administered by a caregiver in accordance with G.S. 90-94.1 and G.S. 90-113.101 for the treatment of intractable epilepsy, or (2) the CBD or THC product is available by prescription only and has been approved by the U.S. Food & Drug Administration (FDA); and all requirements of this policy are met.
A. Medication Administration by School Employees
1. Conditions for Administering Medication
Authorized school employees may administer medication to students when all of the following conditions are met. These conditions apply to all medications, including those available over-the-counter without a prescription.
a. Parental Consent: The student’s parent must make a signed, written request that authorizes school personnel to administer the medication to the student.
b. Medication Authorization/Order: A health care practitioner must prescribe the medication for use by the student and provide explicit written instructions for administering the medication.
c. Proper Container/Labeling: The parent must provide the medication in a pharmacy-labeled container with the child’s name, the name of the medication, the exact dose to be given, the time/frequency the medication is to be given, the manner of administration, and the expiration date of the medication. If the medication is available over-the-counter, it must be provided in the original container or packaging, labeled with the student’s name.
d. Proper Administration: The employee must administer the medication pursuant to the health care practitioner’s written instructions provided to the school by the student’s parent, and in accordance with professional standards.
The Board and its employees assume no liability for complications or side effects of medication when administered in accordance with the instructions provided by the parent and health care practitioner.
B. Emergency Medication
Students who are at risk for medical emergencies, such as those with diabetes, asthma, or severe allergies, must have an emergency health care plan developed for them to address emergency administration of medication. Students must meet the requirements above, including providing
authorization and instructions from the health care practitioner and written consent of the parent, in order for emergency medication to be administered by school personnel while the student is at school, at a school sponsored activity, and/or while in transit to or from school or a school-sponsored event.
C. Student Self-Administering Medications
The Board recognizes that students with certain health conditions like diabetes or asthma, or an allergy that could result in an anaphylactic reaction, may need to possess and self-administer medication on school property in accordance with their individualized health care plan or emergency health care plan.
Students are prohibited from self-administering medication at school unless
(1) the medicine has been prescribed for the treatment of diabetes, asthma, or anaphylactic reactions, including insulin or a source of glucose, a prescribed asthma inhaler, or a prescribed epinephrine auto-injector; (2) the medicine is administered in accordance with the student’s individualized health care plan or emergency health care plan and any relevant administrative regulations; and (3) the requirements of this section are met. The Superintendent, or designee, shall develop procedures for the possession and self-administration of such medication by students on school property during the school day, at school-sponsored activities, and/or while in transit to or from school or school- sponsored events.
1. Authorization to Self-Administer Medication
Before a student will be allowed to self-administer medication pursuant to this section, the student’s parent must provide to the principal or designee all of the documents listed below:
a. written authorization from the student’s parent for the student to possess and self-administer the medication;
b. a written statement from the student’s health care practitioner verifying that:
1) the student has diabetes or asthma, or an allergy that could result in anaphylactic reaction;
2) the health care practitioner prescribed the medication for use on school property during the school day, at school- sponsored activities, or while in transit to or from school or school-sponsored events; and
3) the student understands, has been instructed in self- administration of the medication, and has demonstrated the skill level necessary to use the medication and any accompanying device, and has been determined to be competent for self-administration;
c. a written treatment plan and written emergency protocol formulated by the prescribing health care practitioner for managing the student’s diabetes, asthma, or anaphylaxis episodes and for medication use by the student;
d. a statement provided by the school system and signed by the student’s parent acknowledging that the board of education and its employees and agents are not liable for injury arising from the student’s possession and self-administration of the medication; and
e. any other documents or items necessary to comply with state and federal laws.
Prior to being permitted to self-administer medication at school, the student also must demonstrate to the school nurse, or the nurse’s designee, (1) the skill level necessary to use the medication and any device; and (2) sufficient knowledge and maturity to be independent in the management of the medication with no oversight from school staff.
The student’s parent must provide to the school backup medication that school personnel are to keep in a location to which the student has immediate access in the event the student does not have the required medication.
All information provided to the school by the student’s parent must be reviewed by the school nurse and kept on file at the school in an easily accessible location. Any permission granted by the principal or designee for a student to possess and self-administer medication will be effective only for the same school for 365 calendar days. Such permission must be renewed each school year.
2. Responsibilities of the Student
A student who is authorized in accordance with this policy to carry medication for self-administration must carry the medication in the original labeled container with the student’s name on the label.
3. Consequences for Improper Use
A student who uses his or her medication in a manner other than as prescribed or who permits another person to use the medication may be subject to disciplinary action pursuant to the school disciplinary policy. However, school officials shall not impose disciplinary action on the student that limits or restricts the student’s immediate access to the diabetes, asthma, or anaphylactic medication.
The Board does not assume any responsibility for the administration of medication to a student by the student, the student’s parent, or any other person who is not authorized by this policy to administer medications to students.
LEGAL REF.: Americans with Disabilities Act, 42 U.S.C. 12134, 28 C.F.R. pt. 35; Family Educational Rights and Privacy Act, 20 U.S.C. 1232g; Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., 34 C.F.R. pt. 300; Rehabilitation
Act of 1973, 29 U.S.C. 705(20), 794, 34 C.F.R. pt. 104; N.C.G.S. 90-94.1, 113.101; 115C-36, -47, -307(c), -375.1, -375.2, -375.2A, -375.3; Policies Governing Services for Children with Disabilities, State Board of Education Policy EXCP-000; North Carolina School Health Program Manual (N.C. Dept. of Health and Human Services, Div. of Public Health, School Health Unit, 2020), available at https://publichealth.nc.gov/wch/cy/schoolnurses/manual.html
CROSS REF.: Board Policy 4-6, Administration of Medicines
Board Policy 4-18, Do Not Resuscitate (DNR)
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 8/4/98
REVISED: 6/20/06
REVISED: 8/7/12
REVISED: 10/6/20
REVISED: 12/7/21
Policy References
LEGAL REF.: Americans with Disabilities Act, 42 U.S.C. 12134, 28 C.F.R. pt. 35; Family Educational Rights and Privacy Act, 20 U.S.C. 1232g; Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., 34 C.F.R. pt. 300; Rehabilitation
Act of 1973, 29 U.S.C. 705(20), 794, 34 C.F.R. pt. 104; N.C.G.S. 90-94.1, 113.101; 115C-36, -47, -307(c), -375.1, -375.2, -375.2A, -375.3; Policies Governing Services for Children with Disabilities, State Board of Education Policy EXCP-000; North Carolina School Health Program Manual (N.C. Dept. of Health and Human Services, Div. of Public Health, School Health Unit, 2020), available at https://publichealth.nc.gov/wch/cy/schoolnurses/manual.html
CROSS REF.: Board Policy 4-6, Administration of Medicines
Board Policy 4-18, Do Not Resuscitate (DNR)
3-20/5-25 Emergency Closing Days
Revisions History: Reviewed by GC 06/09/2020, 09/05/2019 Moved from 3-20 to 5-25, 11/06/2014, 02/19/2008, 02/21/2006, 05/18/1999, 08/04/1998 Approved 03/23/1993
EMERGENCY CLOSING DAYS 3-20
In the event of emergency closing of schools, when personnel are not required to report for duty, the Superintendent may declare such day(s) annual leave days or holidays or a combination thereof. Such day(s) may be re-scheduled at the discretion of the Board. The superintendent is responsible for ensuring that all who are interested, including parents and the news media, are notified as soon as feasible.
ABSENCES DUE TO INCLEMENT WEATHER
On a day that employees are required to report for a workday, but students are not required to attend school due to inclement weather, an employee may elect not to report due to hazardous travel conditions and to take one of his/her annual vacation days or to make up the day at a time agreed upon by the employee and the principal.
If the day is not made up or an annual leave day is not substituted, the employee will be considered absent without pay.
LEGAL REF.: North Carolina General Statutes §§ 115C-36, 115C-47, 115C- 84.2, 115C-285(a)(1), 115C-302.1, and 115C-316
CROSS REF.: Board Policy 3-18, Professional Staff Time Schedule
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 8/4/98
REVISED: 5/18/99
REVISED: 2/21/06
REVISED: 2/19/08
REVISED: 11/6/14
REVISED: 9/5/19 MOVED FROM 3-20 TO 5-25
REVIEWED BY GENERAL COUNSEL: 6/9/20
Policy References
North Carolina General Statutes §§ 115C- 84.2, 115C-285(a)(1), 115C-302.1, and 115C-316
North Carolina General Statute 115C-36
North Carolina General Statute 115C-47
3-18, Staff Time Schedules
3-21 Reduction In Force
Revisions History: 10/06/2020, 08/02/2011, 03/01/2011, 05/19/2009, 02/21/2006, 08/04/1998 Approved 03/23/1993
The purpose of this policy is to establish an orderly procedure for a reduction in force. This first part of this policy applies to (1) employees with career status and (2) all other teachers and school administrators, as defined in the relevant statutes, during the terms of their contracts. A reduction in force among any other employees will be accomplished in accordance with the Classified Personnel Reduction section below, or, as applicable, in accordance with any conflicting terms of an individual employee’s contract.
Reduction of Career Status Employees and Employees During the Term of a Contract
It is the goal of the Board to consider and explore reasonable alternative methods to avoid a reduction in force and to reduce the number of employees by attrition rather than a reduction in force. However, when the Board determines that a reduction in force is necessary, it shall be governed by the following in determining the order of separation for staff members and carrying out any reduction in force.
A. Grounds for Reduction in Force
Reduction in force may be implemented when the Board determines that any of the following circumstances exist:
1. Declining enrollment, financial exigency, or other causes warrant closing, consolidation or reorganization of schools, school buildings or facilities and the number of existing certified employees exceeds the number required to staff the school, school buildings or facility as reorganized; or
2. Any elimination, curtailment, or reorganization of a curriculum offering, program or school operation or a reorganization or consolidation of two or more individual schools or school districts that is unrelated to financial exigency.
3. Decreased enrollment shall exist when the enrollment or projected enrollment for the school year causes a decrease in the number of teaching or administrative positions allocated by the state or any other funding source; or when the enrollment or projected enrollment for the school year of a curriculum offering or program is inadequate to justify continuation of the course or program.
4. Decreased funding shall mean any significant decline in the Board's financial resources that is brought about by the decline in enrollment or by other actions or events that compel a change in the school system's current operational budget; or any significant decrease or elimination in funding for a particular program; or any insufficiency in funding that would render the Board unable to continue existing programs at current levels.
B. Preliminary Determination
1. The Superintendent shall determine whether or not a reduction in force is necessary, appropriate or in the best interest of the school system.
2. If the Superintendent decides to recommend a reduction in force to the Board, s/he shall first determine which certified positions shall be subject to the reduction. In making that determination, the Superintendent shall account for: (i) structural considerations, such as identifying positions, departments, courses, program, operations and other areas where there are less essential, duplicative or excess personnel, job responsibility and/or position inefficiencies, opportunities for combined work functions and/or decreased students or other demands for curriculum, programs operations or other services, and (ii) organizational considerations, such as anticipated organizational needs of the district and program/school enrollment.
3. The Superintendent shall then present a recommendation to the Board. The recommendation shall include:
a. The grounds for reduction in force.
b. The certified employees to be reduced by area(s) of certification and/or program responsibility; and
c. The background information, data, and rationale for the recommendation.
4. The Board shall review the Superintendent’s recommendation and shall determine whether to reduce the number of certified employees or to reduce their terms of employment.
5. If the Board, after examining ways to avoid a reduction in force, determines that the number of certified employees is to be reduced the Superintendent shall recommend to the Board which individuals will be affected based on the criteria below.
C. Criteria
The primary consideration shall be the maintenance of a sound, balanced educational program consistent with the functions and responsibilities of the school system. The Board will consider the following factors in determining employee reduction in force:
· Work performance and evaluation ratings
· Joint certifications
· Program enrollment
· Service in extra duty positions and ability to fill such positions
· Length of service, with higher priority given to service in the Union County Public Schools
· Recommendations and advice from the Superintendent
D. Exclusion
The Superintendent may recommend to the Board the exclusions of specifically identified employees in an area of certification or administration from a reduction in force for specifically stated exceptional circumstances. In determining exclusions, a career employee who is certified and as qualified as a probationary employee shall be given priority consideration. Exceptional circumstances include a need or desire to retain those
employees specifically qualified to coach or sponsor extracurricular/co-curricular activities.
E. Procedure for Termination/Re-employment of a Career Employee
All requirements of G.S. 115C-325 shall be met, including time limits and procedures for notice and opportunity for a hearing when any career employee is terminated, demoted, or reduced to part-time employment due to reduction in force or any probationary teacher is terminated, demoted, or reduced to part-time employment during the contract term due to a reduction in force. When a career employee is dismissed in accordance with this policy, his or her name will be placed on a list of available employees to be maintained by the District.
F. Non-renewal of an Employee
The Board, upon recommendation of the Superintendent, may refuse to renew the contract of a probationary teacher to offer a new, renewed or extended contract to a school administrator or to re-employ any teacher who is not under contract for any cause it deems sufficient. These decisions are not considered a “termination” under this policy and as such these procedures are not required to be followed before the Board’s decision. The provisions in this section apply to full-time permanent probationary teachers who (1) are non-renewed because of a decrease in the number of school system positions resulting from decreased funding, decreased enrollment or school system reorganization and (2) are subsequently rehired by the board within three years of their nonrenewal. The provisions in this section also apply to full-time permanent probationary teachers who (1) resign in good standing effective at the end of the school year after receiving documentation that their position may be eliminated because of a decrease in the number of school system
positions resulting from decreased funding, decreased enrollment or school system reorganization and (2) are subsequently rehired by the board.
1. Teachers Not Eligible for Career Status at the Time of Nonrenewal
The intervening years when the teacher was not employed by the board shall not be deemed to constitute either a break in continuity of years of service or a consecutive year of service for purposes of determining eligibility for career status, provided the teacher gives notice as required in subsection B.3, below.
2. Teachers Eligible for Career Status at the Time of Nonrenewal
Teachers who have met all service requirements to be eligible for career status at the time of their nonrenewal shall be eligible for a career status decision after one additional year of employment upon being rehired, provided the teacher gives notice as required below.
3. Required Notice
a. Within 60 calendar days of the teacher’s first day of employment upon being rehired, the teacher must:
(1) give written notice to the Deputy Superintendent for Human Resources that the teacher’s nonrenewal did not constitute a break in service; and
(2) provide information establishing to the satisfaction of the Superintendent that the teacher was non-renewed because of a decrease in the number of positions triggered by decreased funding or enrollment or due to school system reorganization.
b. The Superintendent or designee shall notify the teacher of the 60-day deadline using a method reasonably calculated to provide actual notice. If the Superintendent or designee fails to provide notice within 30 calendar days after the teacher’s first day of employment upon rehiring, the teacher’s obligation to provide notice shall not commence until such time that the teacher is notified by the Superintendent or designee of the 60-day deadline. The Superintendent is not authorized to waive the notice required from the teacher by this subsection without the prior approval of the board.
4. Superintendent’s Decision and Board Review
a. The Superintendent shall issue a written decision to the teacher within a reasonable period of time upon receiving the information required by this section.
b. Within 10 calendar days of receipt, the teacher may petition the board in writing for review of the Superintendent’s decision.
c. The board will review the matter on the record and issue a written decision. Probationary teachers during the term of their contract shall be demoted or dismissed only in accordance with policy 3-2b, Certified Employees: Contracts, Dismissal and Nonrenewal, and Resignation.
Classified Personnel Reduction
With prior Board approval, the Superintendent may terminate or reduce the term of employment of classified employees in order to reduce staff. In such circumstances, the following procedure will apply:
1. The Superintendent shall first reduce staff through normal attrition.2. The Superintendent shall recommend reductions in force to the Board based upon the following criteria:
a. job performance as indicated on formal evaluations and other documentation;b. degrees, licenses or other indications of an employee's potential to contribute and progress in the school system;c. seniority in the same or related positions within the system as a whole;d. other criteria determined to be relevant by the Superintendent.
The Board will approve, disapprove or modify the Superintendent's recommendation for reduction in force. All employees affected by the reduction will be notified in writing of the board's decision. Such notice must include information regarding the opportunity for any employee terminated pursuant to this policy to submit his or her name for other positions as they become open. Such submission does not offer any guarantee of employment; however, a positive work experience with the school system will be favorably reviewed in regard to any application for employment.
LEGAL REF.: G. S. 115C-47, -325
CROSS REF.: Board Policy 3-2b, Certified Employees: Contracts, Dismissal and Nonrenewal, and Resignation
Board Policy 3-3, Recruitment and Selection of Personnel
Board Policy 3-10, Grievance Procedures for Employees
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 8/4/98
REVISED: 2/21/06
REVISED: 5/19/09
REVISED: 3/1/11
REVISED: 8/2/11
REVISED: 10/6/20
Policy References
Board Policy 3-2b, Certified Employees: Contracts, Dismissal and Nonrenewal, and Resignation
Board Policy 3-3, Recruitment and Selection of Personnel
Board Policy 3-10, Grievance Procedures for Employees
3-23 Substitute Teachers
Revisions History: Reviewed by GC 01/21/2021, Reviewed by GC 04/15/2020, 01/10/2019, 09/04/2012, 02/21/2006, 11/04/1998 Approved 03/23/1993
The Board of Education expects that procedures will be in place at each school to minimize disruptions to the educational process due to teacher absences.
GENERAL EMPLOYMENT OF SUBSTITUTES
The district will employ substitute teachers as deemed appropriate by the administration and in accordance with State Board policies. Substitute teachers must have at least a high school diploma or equivalent. The Board recognizes the importance of employing licensed teachers as substitutes and will give first priority to substitutes who hold or have held any teaching license and second priority to those who have completed Effective Teacher Training or comparable professional development courses. Teaching experience also will be considered.
The Board authorizes the use of an employed teacher assistant as a substitute teacher in emergency situations. The teacher assistant may only serve as a substitute in the classroom(s) in which the assistant is assigned. The teacher assistant will be paid additional compensation according to state policies.
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 11/4/98
REVISED: 2/21/06
REVISED: 9/4/12
REVISED: 1/10/19
REVIEWED BY GENERAL COUNSEL: 4/15/20
REVIEWED BY GENERAL COUNSEL: 1/21/21
Policy References
Elementary and Secondary Education Act, 20 U.S.C. 6312(e)(1)(B)(ii); N.C.G.S. §115C-12(8)-36,-47,-332; 16 N.C.A.C. 6C.0313, 16 N.C.A.C. 6C.0403; State Board of Education Policies N.C.A.C.-6C.0313, N.C.A.C.-6C.0403
3-24 Interning Personnel
Revisions History: Reviewed by GC 01/21/2021, Reviewed by GC 04/15/2020, 01/10/2019, 04/03/2012, 02/21/2006, 12/01/1998 Approved 03/23/1993
The Board of Education endorses formal collaborative agreements between Union County Public Schools and institutions of higher education that speak to the assignment of interning personnel.
Under certain circumstances, the Board encourages the granting of internship experience for prospective teachers, administrators, psychologists, social workers and other personnel. All programs and the engagement of specific interns must be approved and coordinated through Human Resources and the appropriate administrative office in advance and prior to placement.
All individuals applying to participate in an internship with the school system will be required to and pass a criminal background check or provide one completed by the institution of higher education, finger printing and, as applicable, other applicable requirements for employment with the Board, regardless of whether they will be actually employed by the Board. In addition, a determination as to when and whether a specific individual shall be authorized to participate in an internship program and/or be financially compensated by the Board for the same shall be made by Human Resources prior to an individual's program participation in accordance with the requirements of the federal Fair Labor Standards Act and other applicable federal and state law.
LEGAL REF.: N.C.G. S. 115C-309, - 332
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/23/93
REVISED: 12/1/98
REVISED: 2/21/06
REVISED: 4/3/12
REVISED: 1/10/19
REVIEWED BY GENERAL COUNSEL: 4/15/20
REVIEWED BY GENERAL COUNSEL: 1/21/21
Policy References
G. S. 115C-309, -332
3-25/3-20 Growth and Improvement Plans for Licensed Employees
Revisions History: Reviewed by GC 08/19/2020, 09/05/2019 Moved from 3-25 to 3-20, 03/05/2019, 02/07/2012, 05/11/2010, 03/21/2006 Approved 07/08/1999
The Board believes a strong relationship exists between the quality of education provided to students and the competency and training of all personnel employed by the district. As such, the Board expects all professionally licensed employees to maintain high levels of performance. The Superintendent shall provide ongoing development opportunities for staff and expects employees to engage in self-directed activities to improve their professional skills. If employees do not meet these expected standards of performance, the Superintendent and administrative staff will work to address any identified deficiencies. Appropriate means include requiring the employee to enter into plans, including mandatory improvement plans as established by state law and individual, monitored, directed, and/or mandatory growth plans as established by the State Board of Education when required by law, policy, or otherwise deemed necessary.
Growth and Mandatory Improvement Plans should set clear expectations and facilitate clear communication between the evaluator and the evaluated employee. Goals should be individualized and have a direct impact on instruction.
A performance improvement plan could involve participation in a staff development program or encompass a variety of strategies that are related to professional growth or improving performance.
1. As used in this policy, “teacher” means an individual defined as a teacher in G.S. 115C-325(a)(6) (for career status teachers) or G.S. 115C-325.1(6) (for non-career status teachers).2. As used in this policy, “licensed employee(s)” includes principals, assistant principals, and other school administrators as defined in G.S. 115C-325.1(5), and teachers.3. “The North Carolina Educator Evaluation System” refers to the professional standards, processes, and rubrics approved by the State Board of Education for each educator role in North Carolina public schools.
1. Teachers: Teachers who receive an overall rating of at least “proficient” on all standards on the North Carolina Teacher Evaluation Rubric as indicated on the Teacher Summary Rating Form shall develop an Individual Growth Plan designed to improve performance on specifically identified standards and elements.A teacher who is performing below a proficient level on the Teacher Summary Rating Form shall be placed on a Monitored Growth Plan or a Directed Growth Plan unless dismissal, demotion, nonrenewal or placement on a Mandatory Improvement Plan (see below) is warranted.A Monitored Growth Plan developed in accordance with State Board of Education policy is required for a teacher who is rated “developing” on one or more standards of the North Carolina Teacher Evaluation Rubric. State Board of Education policy also requires that a teacher who is rated “not demonstrated” on any standard or who is rated “developing” on any standard for two sequential years be placed on a Directed Growth Plan. The Superintendent or Board may establish other criteria that will be deemed evidence that performance is below a proficient level or otherwise represents unsatisfactory or below standard performance and warrants placement on either a Monitored Growth Plan or a Directed Growth Plan.Unless otherwise limited by state law or State Board of Education policy, the principal is authorized to place a teacher on a Monitored or Directed Growth Plan or other plan of improvement at any point during the school year if the principal determines that the teacher is performing below theexpected level. A plan required by a supervisor or principal may be appealed following the grievance procedure in Policy 3-10, Grievance Procedure for Employees, if the employee contends that: (1) the plan is not likely to improve performance; (2) the supervisor or principal abused his or her discretion in developing the plan; or (3) the plan was not developed in conformance with any mandatory procedures.
2. School Administrators: Professional growth plans will be developed for school administrators as provided in State Board of Education policy. A professional growth plan will include mutually agreed upon performance goals and recommendations based upon the administrator’s self-assessment, the consolidated assessment and the summary evaluation using the North Carolina School Executive: Principal and Assistant Principal Evaluation Process. Development of a professional growth plan will be discussed at a meeting between the administrator and Superintendent or designee when completing the evaluation process at least annually.
C. Growth Plan Components
Individual growth plans may contain, but are not limited to, any of the components listed below. However, a Monitored or Directed Growth Plan, must include at least the following components:
1. Identification of Deficiencies: All performance deficiencies, including all specific standards and elements of the Teacher Evaluation Rubric identified for improvement during the teacher’s evaluation must be addressed in the growth plan.2. Performance Expectations and Goals: For each problem identified, the growth plan must include a statement of the expected level of performance and/or other goals to be accomplished.3. Strategies: The growth plan must set forth a strategy or strategies designed to correct each identified deficiency. Strategies should be specific and clearly stated. They also should identify all individuals responsible for implementing the plan.4. Dates for Monitoring and Completion: The growth plan must include dates upon which the employee’s progress under the plan will be reviewed and the date by which performance is to be improved to the expected level. Under Monitored Growth Plans a teacher must obtain proficiency within one school year. A Directed Growth Plan may provide for a shorter period to achieve proficiency, not to exceed one school year.
D. Review of Growth Plans
Individual and professional growth plans should be reviewed at least annually with the licensed employee’s supervisor and/or the principal, the Superintendent or his designees, as applicable.
In the case of a teacher’s Monitored or Directed Growth Plan, once the designated period for completion of a plan has elapsed, the principal or supervisor shall review the teacher’s performance and determine whether the teacher continues to perform below the expected level in any area and whether the teacher’s performance has improved sufficiently. If the teacher’s performance remains below proficient the principal or supervisor shall recommend to the Superintendent one of the following:
1. The Board dismiss, demote, or transfer the teacher to a position in which the teacher can be successful; or2. The teacher be placed on a Mandatory Improvement Plan as described below; or3. The teacher be moved to a new Monitored or Directed Growth Plan or continue with the previous growth plan that has been revised as necessary provided the principal or supervisor determined that
a. the teacher’s continuing performance problems are not adversely impacting student learning or the school environment, orb. the teacher is making good progress toward improvement in the deficient areas and is likely to improve to an acceptable level within a reasonable period of time.
E. Mandatory Improvement Plans
A Mandatory Improvement Plan is an instrument designed to improve a licensed employee’s performance by providing the employee with notice of specific performance areas that have substantial deficiencies and a set of strategies, including specific support to be provided to the employee, so that s/he may satisfactorily resolve such deficiencies within a reasonable timeframe.
The use of Mandatory Improvement Plans as provided herein is discretionary and will be determined on a case-by-case basis. Nothing in this policy shall be interpreted so as to require the use of a Mandatory Improvement Plan in addition to, or in lieu of, growth plans or other disciplinary action, including dismissal from employment as provided for in law.
1. Initiating a Mandatory Improvement Plan
a. Licensed Employees in Low-Performing Schools
If a licensed employee in a low-performing school receives a rating on any standard on an evaluation that is below proficient or otherwise represents unsatisfactory or below standard performance in an area that the licensed employee was expected to demonstrate, the individual or team that conducted the evaluation shall recommend to the Superintendent that (i) the employee receive a Mandatory Improvement Plan designed to improve the employee’s performance or (ii) the Superintendent recommend to the Board that the employee be dismissed or demoted (if a career teacher), or non-renewed (if the teacher is on a contract), or (iii) a proceeding for immediate dismissal or demotion be instituted against the employee for conduct or performance that causes substantial harm to the educational environment. If the individual or team that conducted the evaluation elects not to make any of the above recommendations, the individual or team shall notify the Superintendent of that decision. The Superintendent shall determine whether to develop a Mandatory Improvement Plan or to recommend a dismissal proceeding.
b. Teachers in School Not Identified as Low-Performing
If, in an observation report or year-end evaluation, a teacher in a school not identified as low-performing receives a rating that is below proficient or otherwise represents unsatisfactory or below standard performance on any standard that the teacher was expected to demonstrate, the principal may place the employee on a Mandatory Improvement Plan. The Mandatory Improvement Plan will be utilized only if the Superintendent or designee determines that an Individual, Monitored or Directed Growth Plan would not satisfactorily address the deficiencies.
c. Any Licensed Employee Engaging in Inappropriate Conduct or Performance
A principal may recommend to the Superintendent or designee that a licensed employee be placed immediately on a Mandatory Improvement Plan if the employee engages in inappropriate conduct or performs inadequately to such a degree that the conduct or performance causes substantial harm to the educational environment, but immediate dismissal or demotion of the employee is not appropriate. The principal must document the exigent reason for immediately instituting such a plan.
2. Component of the Plan
A Mandatory Improvement Plan must include the following components:
a. Identification of Deficiencies. The performance areas in which the employee is deficient must be identified and addressed in the Mandatory Improvement Plan.b. Performance Expectations. For each problem identified, the plan must include a statement of the expected level of performance.c. Strategies. The plan must establish a strategy or strategies designed to correct each identified deficiency. The strategies should be specific and clearly state the activities the employee should undertake to achieve expected level of performance and the specific support to be provided to the employee. The strategies also should identify all individuals responsible for implementing the plan.d. Dates for Monitoring and Completion. The plan must include dates upon which the employee’s progress under the plan will be reviewed and the date by which performance is to be improved to the expected level.
3. Development and Implementation of the Plan
a. Licensed Employees in Low-Performing SchoolsWhen directed by the Superintendent, a Mandatory Improvement Plan to improve the performance of a licensed employee will be developed by the person who evaluated the employee or the employee’s supervisor, unless the evaluation is conducted by an assistance team. If the evaluation was conducted by an assistance team, that team shall develop the Mandatory Improvement Plan in collaboration with the employee’s supervisor. Mandatory Improvement Plans will be designed to be completed within 90 instructional days or before the beginning of the next school year.b. Teachers in Schools Not Identified as Low-PerformingWhen a principal decides to put a teacher on a Mandatory Improvement Plan, the principal shall develop the plan in consultation with the teacher. The teacher shall have five instructional days after receiving the plan to request a modification to the plan before it is implemented. The principal must consider the requested modification before finalizing the plan. The teacher shall have at least 60 instructional days to complete the plan.
A teacher has five workdays after finalization of the Mandatory Improvement Plan within which to submit a request to the principal for a qualified observer to observe the teacher in the area or areas of concern identified in the plan. The Board will create and maintain a list of qualified observers who are employed by the Board and available to conduct observations. The Board will strive to limit the list to administrators and teachers who have excellent reputations for competence and fairness. Selection of a qualified observer and submission of the qualified observer’s report will be in accordance with state law.
4. Reassessment
a. Licensed Employees in Low-Performing SchoolsAfter the expiration of the time period for the Mandatory Improvement Plan, the Superintendent, his/her designee or the assessment team shall assess the employee’s performance. If the assessor determined that the employee has failed to become proficient in any of the performance standards articulated in the Mandatory Improvement Plan or to demonstrate sufficient improvement toward such standards, the Superintendent must recommend dismissal, demotion, or non-renewal under applicable state law, or that the employee be immediately dismissed for conduct or performance that causes substantial harm to the educational environment.b. Teachers in Schools Not Identified as Low-PerformingUpon completion of a Mandatory Improvement Plan, the principal or supervisor shall assess the performance of the employee. For teachers, the principal shall also review and consider any report provided by the qualified observer, if one has been submitted before the end of the Mandatory Improvement Plan period. If, after the assessment of the employee and consideration of any report from the qualified observer, the Superintendent or designee determines that the teacher has failed to become proficient in any of the performance standards identified as deficient in the Mandatory Improvement Plan or demonstrate sufficient improvement toward such standards, the Superintendent may recommend that the employee be dismissed, demoted, or non-renewed under applicable state law, or that the employee be immediately dismissed for conduct or performance that causes substantial harm to the educational environment.
The Superintendent will develop any other procedures necessary to carry out the Board’s directives.
LEGAL REF.: N.C.G.S. 115C-325(applicable to career status teachers), -325.1 et seq. (applicable to non-career status teachers), 333, 333.1 and 105.47(b)(9), Title IX of the Education Amendments of 1972, 20 USC § 1681 et seq., State Board of Education Policy EVAL-004 and EVAL -005
UNION COUNTY BOARD OF EDUCATION
APPROVED: 7/8/99
REVISED: 3/21/06
REVISED: 5/11/10
REVISED: 2/7/12
REVISED: 3/5/19
Policy References
N.C.G.S. 115C-325(applicable to career status teachers), -325.1 et seq. (applicable to non-career status teachers), 333, 333.1 and 105.47(b)(9), Title IX of the Education Amendments of 1972, 20 USC § 1681 et seq., State Board of Education Policy EVAL-004 and EVAL -005
3-26 Extracurricular And Non-instructional Duties
Revisions History: 10/06/2020, 01/10/2019, 04/03/2012, 02/21/2006 Approved 11/02/1999
The Board acknowledges that instructing students is the primary mission of the school system. However, in order to carry out the responsibilities of the school system, teachers and other staff members must perform certain non¬-instructional and extracurricular duties.
Non-instructional duties should be minimized to allow time for teachers to plan, collaborate with colleagues, conference with parents, tutor students, or perform any other activity that has a direct impact on student achievement. Beginning teachers also need adequate opportunities to develop their professional skills and need access to experienced teachers who can mentor them. In light of these goals, the principal of each school has the authority to assign extracurricular and non-instructional duties as necessary to conduct the business of the school, within the following guidelines.
A. EXTRACURRICULAR DUTIES
Initially licensed teachers (ILTs) may not be assigned extracurricular duties unless they request the assignments in writing.
1. Extracurricular Duties Defined
Extracurricular duties include those duties performed outside of regular school hours that involve students and are not directly related to the instructional program. Examples of extracurricular activities for which consent is required include such things as coaching duties, taking tickets at sporting events, or acting as a faculty sponsor for a student club. Extracurricular duties do not include normal instructional and non-instructional duties connected with the performance of a teacher's responsibilities, regardless of whether conducted during or after regular school hours (e.g., service on faculty committees, bus duty, class planning, grading, parent-teacher conferences, or activities related to courses taught by the teacher, such as band concerts that are performed as a part of band class).
2. Exceptions Permitted For Compelling Reasons
A compelling need arises when the principal of a school is not reasonably able to provide adequate supervision by qualified personnel at extracurricular activities without using initially licensed teachers and no initially licensed teachers have volunteered in writing to perform these activities. In cases of compelling need, the Superintendent or his designee(s) may temporarily suspend Section A of this policy and allow principals to assign extracurricular duties to initially licensed teachers. The Superintendent shall report to the Board the nature of the situation necessitating the suspension of this policy and the expected length of the suspension. The Board shall reserve the authority to modify the Superintendent's decision to suspend this policy.
Examples of compelling need include circumstances when:
1) an employee who is scheduled to perform an extracurricular duty is unexpectedly unavailable and the position must be filled quickly;
2) the school principal cannot adequately fill extracurricular duty positions without additional reliance on initially licensed teachers; or
3) an extracurricular duty must be supervised by individuals with certain experience, skills, or qualifications and initially licensed teachers are the only qualified staff members who possess the required experience, skills, or qualifications.
3. Process for Granting a Compelling Need Waiver
1) Board Waiver
In cases in which the need for a waiver is reasonably foreseeable and there is an opportunity to bring the matter before the Board for approval prior to the extra duty, the Superintendent shall bring the matter to the board for a decision on the waiver request. The recommendation for a waiver must be in writing and set forth the circumstances requiring the waiver. The Board minutes or other documentation will reflect the reasons for granting the waiver.
2) Superintendent Waiver
If there is not a scheduled Board meeting prior to the need to provide adequate supervision at the extracurricular activity, the Superintendent may waive the requirement upon a finding of compelling need. The Superintendent shall make a written record of all such waivers and the circumstances for requesting each waiver. At the next regular Board meeting, the Superintendent shall report to the board any past waivers made and the reasons therefore. If the waiver is for an ongoing activity, the Superintendent must seek and obtain Board approval to continue the initially licensed teacher in the extracurricular activity in accordance with the procedure in paragraph (1) above.
3) Principal Waiver
If there is an exigent need to waive the policy, such as the unexpected illness or absence of an employee, then the principal is authorized to waive the policy temporarily for up to five days. However, the principal must report the waiver to the Superintendent in writing, setting forth the circumstances requiring the waiver. The Superintendent must approve all waivers over five days, as provided in paragraph (2) above. The Board must approve all continuing waivers at its next regular meeting, as provided in paragraph (1) above.
4) Teacher Access to Records
The teacher may request and is entitled to receive any documentation regarding waivers requested or granted under this policy.
Evaluation
The failure of an initially licensed teacher to volunteer to perform extracurricular duties is not appropriate grounds to lower the teacher’s evaluation or just cause for a less than proficient evaluation rating of an initially licensed teacher, provided that the teacher has conducted himself or herself in a professional manner when declining to accept extracurricular duties. However, a teacher’s failure to perform an assigned non-instructional or extracurricular duty in a competent and professional manner may be considered as a part of the teacher’s evaluation.
B. NON-INSTRUCTIONAL DUTIES
Principals shall minimize the assignment of non-instructional duties to all teachers, including initially licensed teachers. Specifically, teachers should not be required to use their daily planning periods on an ongoing and regular basis to supervise students. Planning periods generally should be reserved for course planning and meetings with other professional staff regarding the instructional program.
1. Non-instructional Duties Defined
Non-instructional duties include those duties that are not related to the instruction or the implementation of the current statewide instructional standards, but that all teachers are expected to do. This includes such things as bus duty, carpool duty and regular and ongoing use of planning periods to monitor hallways and cafeterias. Nothing in this policy should be construed to relieve teachers of the responsibility to provide for the safety and proper supervision of students during regular school hours. This includes an expectation that teachers monitor hallways during class changes, assigned lunch periods and other times when they are on duty.
2. Distribution of Non-instructional Duties
Non-instructional duties should be distributed equitably among employees to the extent it is reasonably possible to do so. In assigning non-instructional duties, consideration should be given to the need for initially licensed teachers to have adequate professional development, planning time and access to experienced teachers. Principals shall be responsible for structuring such opportunities in such a way that will be beneficial to their schools.
LEGAL REF.: N.C.G.S. 115C-47, -301.1; State Board of Education Policy TCED-016
UNION COUNTY BOARD OF EDUCATION
APPROVED: 11/2/99
REVISED: 2/21/06
REVISED: 4/3/12
REVISED: 1/10/19
REVISED: 10/6/20
Policy References
N.C.G.S. 115C-47, -301.1; State Board of Education Policy TCED-016
3-27 Defense of Board Employees
Revisions History: 10/06/2020, 9/5/2019 MOVED FROM 3-28 TO 3-27, 05/07/2013, 02/27/2007 Approved 01/04/2000
The Board may provide for the defense of any civil or criminal action or proceeding brought against an employee in his or her official or individual capacity, or both, on account of an act done or an omission so long as the following conditions are met:
1. The act or omission occurred in the scope and course of employment;
2. Defense of the action would not create a conflict of interest between the Board and the employee; and
3. The action of the employee giving rise to the civil cause of action or criminal prosecution is not the result of:
a. Willful violation of state or federal law, rule or regulation.
b. Willful violation of Policy of the Board.
c. Any act for which a teacher’s or administrator’s license may be suspended or revoked, including, but not limited to, conviction of a felony or a crime involving moral turpitude.
4. All potential liability insurance carriers and/or liability coverage providers have provided written notification to the employee that the carrier(s) and/or liability coverage provider(s) will not provide a defense for the employee.
In order for the Board to provide for the defense pursuant to this policy, the employee must provide a written request to the Superintendent as soon as possible upon learning of the claim or action and receiving written notice from all potential insurers and/or liability coverage providers pursuant to item 4 above.
The Superintendent, with advice from the board attorney, will make a recommendation to the Board as to whether the Board will provide legal representation for the employee. The decision of the Board is in its sole discretion and is final. If an employee's request for legal representation in any civil or criminal action or proceeding is denied and subsequently the employee is found to not be liable or guilty, the Board may reimburse the employee a reasonable attorney's fee upon written request of the employee. Board approval of an employee’s request to provide legal representation will only relate to the initial trial or proceeding. The employee must make an additional request in writing to the Board for legal representation at each subsequent stage of the appeal of the action or proceeding.
Additionally, the Board will provide for the defense of the members of the Board in any legal action which has arisen as a result of the discharge by the Board member of his or her official duties, provided the Board member has not engaged in official misconduct or acted with malice toward any individual. The process outlined above applies to members seeking representation.
To protect its own financial resources, the Board will provide for sufficient liability coverage for personnel, workers’ compensation coverage and unemployment compensation insurance.
By adopting this policy, the Board does not intend to create any contractual rights between the Board and any employee and this policy should not be construed to create any contract term or substantive right whatsoever. Further, this policy should not be construed to waive any claim of immunity that the Board might otherwise be entitled to make.
LEGAL REF.: G.S. 115C-43; 115C-295; 115C-284(e); 115C-271
CROSS REF.: Board Policy 2-12, Insurance
UNION COUNTY BOARD OF EDUCATION
APPROVED: 1/4/00
REVISED: 2/27/07
REVISED: 5/7/13
REVISED: 9/5/19 MOVED FROM 3-28 TO 3-27
REVISED: 10/6/20
Policy References
LEGAL REF.: G.S. 115C-43; 115C-295; 115C-284(e); 115C-271
CROSS REF.: Board Policy 2-12, Insurance
3-28 Use of Personal Technology to Conduct School Business
Revisions History: Reviewed by GC 01/21/2021, Approved 01/09/2020
The Board recognizes that employees may use a variety of personal technology devices and accounts in their personal lives. At times, it may be convenient for employees to use their personal technology devices and accounts to conduct school business. Although such use of personal technology devices and accounts may be convenient, it may produce a conflict between employees’ interests and the school’s obligations: employees ordinarily expect privacy in their personal technology devices and accounts, but the school is legally obligated to preserve certain school business-related electronically stored information (“ESI”).
School business-related ESI (including text messages and e-mails) sent and/or received by an employee using a personal technology device or account may constitute public records or student education records, and as a result may require retention and disclosure by the school system. In the event of litigation, school business-related ESI located on a personal technology device or account may be subject to discovery and a litigation hold.
A. LIMITATIONS ON USE
Employees are expected to use school-controlled technology devices and accounts for conducting school business and storing school business-related ESI when such devices and accounts are readily available. Any use of personal technology devices and accounts is subject to this policy and all other relevant board policies.
1. Personal Technology Devices
For purposes of this policy, “personal technology device” means a technology device that is not under the control of the school system and which the school system does not have the ability to access without the employee’s assistance. This definition includes, but is not limited to, computers, phones, tablets, and other technological devices that are owned or leased by an employee.Use of personal technology devices to conduct school business or to store school business-related ESI is authorized only when (1) the use is occasional and incidental to the regular use of school-controlled technology devices; or (2) the Superintendent or designee has pre-approved in writing the employee’s regular use of personal technology for conducting school business and/or storing school business-related ESI.For purposes of this policy, “personal external storage device” means a device that has a primary purpose of storing data, is not under the control of the school system, and which the school system does not have the ability to access without the employee’s assistance. Personal external storage devices constitute personal technology devices for purposes of this policy, but are subject to the following additional limitation: employees are prohibited from storing school business-related ESI on personal external storage devices, including, but not limited to, external hard drives, USB flash drives, flash memory cards, DVDs, compact discs, or magnetic tape, unless specifically authorized to do so by the Superintendent or designee in writing.
2. Personal Accounts
For purposes of this policy, “personal account” means an account that is not under the control of the school system and which the school system does not have the ability to access without the employee’s assistance. This definition includes, but is not limited to, personal email accounts, social media sites, and online file storage services (e.g., file hosting services, cloud storage services, or online file storage providers that host user files via the Internet).
Employees are prohibited from using personal accounts to conduct school business or to store school business-related ESI unless specifically authorized to do so by the Superintendent or designee in writing.
B. SCHOOL SYSTEM ACCESS TO SCHOOL BUSINESS-RELATED ESI ON EMPLOYEES’ PERSONAL TECHNOLOGY DEVICES AND ACCOUNTS
Any school business-related ESI stored on an employee’s personal technology devices or accounts is property of the school system. Employees shall transfer to an appropriate custodian all school business-related ESI upon request of the superintendent or designee and upon leaving employment. Employees shall cooperate with school officials in accessing any school business-related ESI stored on personal technology devices or accounts.
Employees are cautioned that using personal technology devices or accounts to conduct school business or to store school business-related ESI will significantly reduce their expectation of privacy in those devices or accounts. If an employee uses a personal technology device or account to conduct school business or to store school business-related ESI, an inspection of the employee’s device or account may be necessary to ensure that all public records and education records are preserved.
By using personal technology devices or accounts to conduct school business or to store school business-related ESI, employees are deemed to consent to the school system accessing and inspecting such devices or accounts to gather school business- related ESI and ensure that all public records and education records are preserved. If school officials have a reasonable basis to conclude that school business-related ESI is stored on an employee’s personal technology device or account, a reasonable inspection of the employee’s device or account may be performed in order to retain any public records or education records required to be retained by law and/or board policy. Such an inspection shall be made only after consultation with the Board attorney.
C. REQUIRED NOTICES AND CONSENT
All employees must be informed annually of the terms of this policy and the methods by which they may obtain a copy of this policy. Employees must sign a statement indicating that they understand and will comply with the requirements of this policy.
LEGAL REF.: U.S. Const. amend IV; Stored Communications Act, 18 U.S.C. 2701, et seq.; Computer Fraud and Abuse Act, 18 U.S.C. 1030; G.S. 14-454, - 458
UNION COUNTY BOARD OF EDUCATION:
APPROVED: 1/9/20
REVIEWED BY GENERAL COUNSEL: 1/21/21
Policy References
U.S. Const. amend IV; Stored Communications Act, 18 U.S.C. 2701, et seq.; Computer Fraud and Abuse Act, 18 U.S.C. 1030; G.S. 14-454, - 458
3-29/6-4 School Volunteers
Revisions History: Reviewed by GC 11/09/2020, Reviewed by GC 10/10/2019, 09/05/2019 Moved from 3-29 to 6-4, 01/10/2019, 11/06/2014, 03/18/2008 Approved 11/12/2002
Related Policies & Documents: 3-29 AG (a)
The Board recognizes the valuable contributions that school volunteers make to the learning process and the educational goals of the school system. Instructional programs are enhanced through the contributions of students' parents, community members, and local business and industry. These volunteers contribute time, resources, and expertise that assist the school system to reach the goal of providing a sound basic education to all children.
1. adequate screening of volunteers based upon the amount of contact they will have with students;2. the requirement that volunteers are aware of and comply with Board Policy (including but not limited to Policies: 1-25 Visitors to Schools; 3-5 Union County Public Schools Drug-Free Workplace; 3-5a Use of Tobacco Products; 3-6 Staff Student Relations; 3-7 Prohibition Against Unlawful Discrimination, Harassment, and Bullying (Employees); 4-8 Child Abuse – Reports and Investigations; and 5-8 Parent Involvement).3. reasonable supervision of volunteers based at least in part upon the amount of contact they will have with students; and4. adequate training of volunteers, including familiarizing volunteers with applicable laws, board policies, administrative procedures, and school rules.
Screening will help the district:
• Assure the appropriate placement of individuals;• Identify individuals who would create an unacceptable risk of being placed in certain situations;• Exclude dangerous individuals.
Legal References: G.S. 115C-36, -47, -203 to -209.1, 115C, art.13 G.S. 95-28.3
UNION COUNTY BOARD OF EDUCATION
APPROVED: 11/12/02
REVISED: 3/18/08
REVISED: 11/6/14
REVISED: 1/10/19
REVISED: 9/5/19 MOVED FROM 3-29 TO 6-4
REVIEWED BY GENERAL COUNSEL: 10/10/19
REVIEWED BY GENERAL COUNSEL: 11/9/20
Policy References
Legal References: G.S. 115C-36, -47, -203 to -209.1, 115C, art.13 G.S. 95-28.3
Cross References: : 1-25 Visitors to Schools; 3-5 Union County Public Schools Drug-Free Workplace; 3-5a Use of Tobacco Products; 3-6 Staff Student Relations; 3-7 Prohibition Against Unlawful Discrimination, Harassment, and Bullying (Employees); 4-8 Child Abuse – Reports and Investigations; and Board Policy 5-8, Parent Involvement.
3-29 AG (a) UCPS Volunteer Program
Revisions History: 12/07/2010, 11/13/2008
UCPS VOLUNTEER PROGRAM 3-29
ADMINISTRATIVE GUIDELINES (Page 1 of 2)
Criteria for Exclusion
A person will not be eligible to serve as a volunteer if the criminal records check shows that the individual has been convicted of a crime within- or outside of the State of North Carolina as set forth below.
Each criminal records check will be reviewed by the Deputy Superintendent for Human Resources and/or his/her designee. Any person convicted of the following is excluded from volunteering with Union County Public Schools:
- Any felony offense in the previous 12 years.
- Any misdemeanor (classified greater than a Class 3) offense within the last five (5) years, two (2) misdemeanor offenses (of any classification) within the last ten (10) years and complete exclusion for three (3) or more misdemeanor offenses (of any classification).
- Three misdemeanors older than 12 years will be considered on a case-by-case basis.
- Felony convictions older than 12 years will be considered on a case-by-case basis. The Deputy Superintendent for Human Resources and Superintendent will confer with the General Counsel, Courts, NCDPI, and legal authorities in making a determination regarding volunteer approval. Two (2) felony convictions, no matter how long ago, will exclude an individual from volunteering.
- Any sexual crime, crime against nature, violent crime and/or crime against a child or minor.
- Any DWI conviction will result in an inability to transport children in any capacity.
- Any other criminal or civil history which, in the judgment of the Superintendent and/or Deputy Superintendent of Human Resources, is deemed necessary to protect the students and employees of Union County Public Schools.
- All offenses will be classified under the statutes of the State of North Carolina, regardless of where the offense occurred.
- Pleas of no contest or as part of a deferred prosecution or Prayer for Judgment Continued (PJC) will be considered convictions.
- Pending charges will be reviewed on a case by case basis. Felony and misdemeanor (classified greater than a Class 3) charges will result in an exclusion until a judgment is entered.
- The criminal records check is an ongoing process and subject to review and change at any time.
UCPS VOLUNTEER PROGRAM 3-29
ADMINISTRATIVE GUIDELINES (Page 2 of 2)
Any person who disagrees with the results and would like to challenge them can do so by adhering to the following procedures:
- Provide a written appeal to the Deputy Superintendent of Human Resources for review and comparison to the results of the criminal records check and the decisions rendered. To provide a written appeal, contact the Director of Employee Relations.
- There is not an appeal of right beyond the Deputy Superintendent of Human Resources.
Legal Reference: Volunteers for Children Act §42 USC 5119a (1998)
Approved: 3/18/08
Revised: 11/13/08
Revised: 12/7/10
Policy References
Volunteers for Children Act §42 USC 5119a (1998)
3-30 Professional and Staff Development
Revisions History: 06/01/2021, Approved 06/02/2020
The Board believes a strong relationship exists between the quality of education provided to students and the competency and training of all personnel employed by the school system. The Board places a high priority on securing the most competent personnel available and, once they are employed, providing them with opportunities for professional growth and development throughout their careers. The goal of professional and staff development programs and opportunities for licensed professional employees and support staff is to improve the instructional program and create a safe learning environment for all students by improving and expanding the skills of the professional staff and support personnel.
A. PROFESSIONAL AND STAFF DEVELOPMENT
The Superintendent, or designee, shall provide ongoing development opportunities for licensed and support staff and shall require participation by such personnel as appropriate. The Superintendent, or designee, shall seek input from employees when developing system-wide programs. The principal shall seek input from school personnel when planning professional and staff development programs for his or her school.
Professional and staff development must be provided, at the system or school level, and shall include all topics required by law or board policy, including but not limited to: (1) the effective delivery of the required curriculum. as required by G.S. 115C-81.45(d) and - 81.20(f); (2) a mental health program, which includes all components required in state law and State Board of Education policy (including but not limited to, in even numbered years, a two-hour child sexual abuse and sex trafficking education and awareness training program for teachers, instructional support personnel, principals, and assistant principals in grades K-12, as required by G.S. 115C-375.20.5 and –376.5)); AND (3) on staff responsibilities, rules and definitions of sexual misconduct/harassment pursuant to Policy 3-7b Racism, Discrimination, Harassment, and Bullying Complaint Procedure for Employees.
B. SELF-IMPROVEMENT
Licensed employees are expected to engage in self-directed activities to improve their professional skills. These employees are encouraged to seek information and training through professional development programs as well as other opportunities in order to meet this responsibility.
C. PLANS FOR GROWTH AND IMPROVEMENT
Supervisors and principals also may require licensed employees to enter into plans, including mandatory improvement plans established by state law and individual, monitored and/or directed growth plans established by the State Board of Education, for professional growth and improving performance. A performance improvement plan could involve participation in a professional development program or encompass a variety of strategies that are related to professional growth or improving performance.
D. PAYMENT OF COSTS
Professional Development and training opportunities must be approved in advance by the principal and/or supervisor. All approvals will consider both the needs/growth opportunities of the employee and the operational capacity of the school or department. The school system will consider paying reasonable costs, within budget limits, for any courses, workshops, seminars, conferences, in-service training sessions, or other sessions an employee is required to attend by the local administration. The school system will not bear the responsibility of the cost of training taken solely for the purposes of licensure renewal.
LEGAL REF.: Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., 34 C.F.R. pt. 106; G.S. 115C-81.20(f), -81.45(d), -333, -333.1, -375.20, -376.5; State Board of Education Policy EVAL-004
UNION COUNTY BOARD OF EDUCATION:
APPROVED: 6/2/20
REVISED: 6/1/21
Policy References
LEGAL REF.: Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., 34 C.F.R. pt. 106; G.S. 115C-81.20(f), -81.45(d), -333, -333.1, -375.20, -376.5; State Board of Education Policy EVAL-004
3-31 Criminal Arrests and Convictions
Revisions History: Reviewed by GC 01/21/2021, 04/07/2020, 04/03/2012, Approved 08/01/2006
Employees of the Union County Public Schools are expected to comply with all criminal laws, in addition to all policies and procedures of the Board of Education. An employee’s failure to comply with criminal laws can adversely affect the reputation of the Union County Public Schools, the effectiveness of the employee, and sets a poor example for students.
A. Report of Arrest: Any employee charged with or arrested for committing any crime (felony or misdemeanor – moral turpitude or contraband substance), other than a minor traffic violation, (driver’s license not subject to suspension or revocation; Driving While Impaired [DWI] is NOT considered a minor traffic violation) shall report such fact in writing to the administrator in charge of the department, office, or school to which the employee is assigned. The report shall be made no later than the next scheduled business day. If it is impossible for the employee to make a timely report due to hospitalization or incarceration (jail) relating to the incident, the report shall be made as soon as possible and in no event more than 24 hours after his/her release. The report shall include all pertinent facts concerning the alleged commission of a crime. The site administrator shall promptly forward the report to the superintendent or designee, who shall carefully review the situation along with any recommendations from the site administrator as to what action, if any, is appropriate at that time.
B. Report of Disposition: It is the employee’s responsibility to keep the administration informed of the judicial process following an arrest. Upon conviction, acquittal, dismissal of charges, guilty plea, no contest plea or other disposition in the matter, the employee shall report the disposition and pertinent facts, in writing, to the site administrator no later than the next scheduled business day. The site administrator shall promptly forward the report to the superintendent or designee, who shall carefully review the situation along with any recommendations from the site administrator as to what action, if any, is appropriate at that time.
C. Conviction: Conviction of a felony, or of any crime described in General Statutes 115C-332(a), or of any crime adversely affecting the employee’s continuing ability to perform his functions effectively, shall be grounds for personnel action up to and including dismissal from employment. For purposes of this policy, a conviction shall include a finding of guilt, a guilty plea, a plea of no contest, (or nolo contendre), and a “prayer for judgment continued” or other determination of guilt.
In addition, all driver education instructors must immediately report to the Superintendent, or designee, any conviction that results in three or more points, and any conviction that could cause suspension or revocation of the driver license in any state. The Superintendent, or designee, will notify the Department of Public Instruction when an instructor loses his or her privilege to drive in North Carolina or any other state. The Superintendent, or designee, shall conduct annual checks of the driving records of all driver education instructors.
Failure by an employee to provide timely notice as described in this policy may lead to disciplinary action up to, and including, dismissal.
LEGAL REF.: N.C.G.S. 115C-47(18), -307, -308, -332
State Board of Education Policies DRIV-003, DRIV-004
UNION COUNTY BOARD OF EDUCATION
APPROVED: 8/1/06
REVISED: 4/3/12
REVISED: 4/7/20
REVIEWED BY GENERAL COUNSEL: 1/21/21
Policy References
N.C.G.S. 115C-47(18), -307, -308, -332
State Board of Education Policies DRIV-003, DRIV-004
3-32/7-8 Pest Management
Revisions History: Reviewed by GC 06/09/2020, 09/05/2019 Moved from 3-32 to 7-8, 05/07/2013 Approved 04/03/2007
PEST MANAGEMENT 3-32
(Page 1 of 2)
Pests are significant problems for people and property. The pesticides that are commonly used in pest control may pose potential risk to human health and the environment. The Union County Board of Education is committed to maintaining a safe educational environment while also protecting the physical conditions of school facilities. To this end, the Board will utilize Integrated Pest Management (IPM) programs or incorporate IPM procedures into the maintenance program conducted by the school system. The superintendent will appoint an IPM contact person to facilitate the use of IPM techniques. As necessary, the superintendent will develop administrative procedures for the IPM program.
A. Overview of Integrated Pest Management
IPM is a comprehensive approach that combines effective, economic, environmentally sound, and socially acceptable methods to prevent and solve pest problems. IPM emphasizes pest prevention and provides a decision-making process for determining if, when and where pest suppression is needed and what control tactics are appropriate.
The school district’s IPM program will strive to do the following:
· Minimize any potential health, environmental and economic risks from pests or from the use of pest control methods;
· Minimize loss or damage to school structures or property from pests or from the use of pest control methods;
· Minimize the risk of pests spreading into the community; and
· Enhance the quality of facility use for the school and community.
Pesticides will not be used based solely on a schedule. School personnel in charge of pest management will consider how and when pesticides need to be used to achieve the pest management goals.
B. Use of IPM in Facility and Maintenance Operations
The school district shall include pest management considerations in facilities planning and maintenance. The Union County Public Schools IPM Specialist, in conjunction with the school district’s contracted pest management professional will recommend to the superintendent any landscaping, structural modifications, and sanitation changes needed to reduce or prevent pest problems. The superintendent will review such recommendations and may authorize action to address necessary minor changes in a timely manner, as the budget permits. For significant changes or changes that require a significant expenditure of funds, the superintendent will recommend changes to the Board for approval.
PEST MANAGEMENT 3-32
(Page 2 of 2)
C. Providing Information on IPM to the School Community
Staff, students, pest managers, parents and the public will be informed about potential school pest problems, school IPM policies and procedures, and their respective roles in achieving the desired pest management objectives. Each year, the principal or his/her designee will ensure that the student handbook includes the schedule of anticipated pesticide use on the school property and notice to parents of their right to request notification of nonscheduled pesticide use. Notice of nonscheduled pesticide use should be made at least 72 hours in advance, to the extent possible.
D. Recordkeeping
Records of all pest management activities shall be maintained, including inspection records, monitoring records, pest surveillance data sheets or other indicators of pest populations, and a record of structural repairs and modifications. If pesticides are used, records shall be maintained on site to meet the requirements of the state regulatory agency and school board.
LEGAL REF.: G.S. 115C-12(33)(d) and (e), -36 and -47(49)
UNION COUNTY BOARD OF EDUCATION
APPROVED: 4/3/07
REVIEWED: 5/7/13
REVISED: 9/5/19 MOVED FROM 3-32 TO 7-8
REVIEWED BY GENERAL COUNSEL: 6/9/20
Policy References
G.S. 115C-12(33)(d) and (e), -36 and -47(49)
3-33/3-25 Injury and Loss Prevention
Revisions History: Reviewed by GC 01/21/2021, Reviewed by GC 04/15/2020, 09/05/2019 moved from 3-33 to 3-25, 11/01/2016 Approved 03/10/2015
The Union County Public Schools strives to provide healthy learning and work environments for students and staff. To that end, the board directs the superintendent to implement a system-wide loss prevention/safety program with the goal of maintaining a safe working environment for employees and a safe learning environment for students. The program must be consistent with applicable state and federal rules related to workplace safety and other safety issues in the school environment.
The superintendent shall establish a system-wide health and safety leadership team to oversee the school system’s injury and loss prevention efforts. These efforts will include (1) accident and injury prevention and investigation; (2) hazard investigation and control; and (3) promotion of safe practices and safety awareness in the school environment. The team shall be responsible for developing processes for accident investigation and for the identification, reporting, and correction of hazards and other unsafe conditions within the school environment, as described below. The superintendent or designee shall lead the health and safety leadership team in carrying out its responsibilities.
A. Accident Investigation and Correction of Hazards
The health and safety leadership team shall develop an accident investigation protocol, or improve existing protocols, for investigating all employee work-related injuries.
The accident investigation protocol must include steps to identify in a timely manner the cause(s) of the accident and any underlying factors that may have contributed to it. It must also require the identification and implementation of actions to address unsafe conditions to prevent recurrence of the incident. Investigation steps may include, but are not limited to, interviews of the injured employee(s) and witnesses, examination of physical evidence, examination of the workplace, and data collection.
The protocol must provide for recording the findings of cause, recommendations for correction, and actions taken.
The health and safety leadership team shall develop additional protocols, or improve existing protocols, as necessary to investigate reports of hazards and other unsafe conditions within the school environment.
B. Preventative Measures: Identification, Evaluation, and Control of Hazards
The health and safety leadership team shall establish or improve processes and strategies for the identification, investigation, and control of hazards and other unsafe conditions in the school environment, including those arising from safety hazards (e.g., slippery floors, cluttered work areas, overloaded electrical outlets); chemical and biological hazards (e.g., solvents, pesticides, lab chemicals, bloodborne pathogens); other health hazards (e.g., allergens, mold, other issues affecting air quality and other indoor air pollution, noise), and ergonomic risk factors (e.g., repetition, use of excessive force, awkward posture).
The processes for identification, investigation, and control may include periodic worksite inspections to identify potential or actual safety hazards; job task safety analysis; employee safety surveys; analysis of ergonomic risk factors; review of injury data, accident reports, and workers’ compensation records; hazard control analysis; and/or other standard means of hazard identification and control that are consistent with the goal of improving safety in the school environment. The superintendent or designee may appoint site-based safety teams to conduct these activities at each school system site that houses employees. If site-based teams are utilized, they shall report to the health and safety leadership team on a schedule to be established by the superintendent or designee.
C. Correction of Identified Hazards
Preventative measures will be employed by school-based and maintenance staffs to help identify hazards. When a hazard is discovered, it shall be corrected according to the latest health standards and guidelines.
The processes and strategies for improving safety in the school environment required by this policy must include a system for correcting identified hazards and must require the immediate removal of employees from an area where there is an imminent danger that cannot be immediately corrected (e.g., a chemical spill).
The system for correcting hazards must give priority to solutions that actually remove the hazard. If the hazard cannot be removed altogether, procedures that limit exposure to the hazard should be implemented when practicable. In addition, personal protective equipment may be provided to protect the individual(s) from direct exposure to a hazard that cannot be eliminated. A combination of these methods should be used if needed to address the hazardous condition.
D. Reporting Hazards or Other Unsafe Conditions
The health and safety leadership team shall establish or improve processes for employees and others to report hazards and other unsafe conditions to supervisory or administrative personnel without fear of reprisal.
E. Development of Safe Work Practices
The health and safety leadership team shall assist the superintendent or designee in the development of safety standards for facilities, equipment, machinery, tools, and work practices. The standards must be consistent with all applicable federal and state standards.
F. Safety Education and Training
The health and safety leadership team shall coordinate a system-wide safety education program to educate individuals in the school environment on safety practices. The program of education and training must be documented and must include instruction on workplace-related safety practices, relevant job- or activity-specific safety practices, and site-specific safety and emergency procedures. It must also include instruction on measures for reporting any unsafe conditions, work practices, or injuries.
G. Recordkeeping
The health and safety leadership team shall establish uniform processes for recordkeeping that comply with the requirements of federal and state law.
H. Employee Responsibility for Safety
All employees are expected to follow safe work practices, use appropriate personal protective equipment as instructed by their supervisors, and attend safety education programs as assigned. Employees must report unsafe conditions or work practices, accidents, or injuries as soon as practicable, in accordance with established procedures.
LEGAL REF.: 29 C.F.R. Part 1910; 13 N.C.A.C. 07F.0101; State Board of Education Policy INSR
UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/10/15
REVISED: 11/1/16
REVISED: 9/5/19 MOVED FROM 3-33 TO 3-25
REVIEWED BY GENERAL COUNSEL: 4/15/20
REVIEWED BY GENERAL COUNSEL: 1/21/21
Policy References
29 C.F.R. Part 1910
13 N.C.A.C. 07F.0101
State Board of Education Policy INSR
3-34/3-22 Employee Travel and Expense Reimbursement
Revisions History: Reviewed by GC 01/21/2021, Reviewed by GC 04/15/20, 09/05/2019 moved from 3-34 to 3-22, 12/04/2018, Approved 11/01/2016
The Board may reimburse employees for reasonable and necessary travel and other expenses incurred while performing school system business. All employee requests for reimbursement for travel or other expenses are subject to this policy. The Superintendent and finance officer are responsible for developing and disseminating forms for requesting travel and other expense reimbursement, for maintaining and disseminating current information concerning applicable reimbursement rates, and for establishing any procedures or regulations necessary to implement this policy.
A. EMPLOYEE RESPONSIBILITY FOR CONTROLLING TRAVEL EXPENSES
The Board intends that its employees who are required to travel do so in reasonable comfort. All employees traveling on school system business are expected to exercise good judgment in distinguishing between reasonable comfort and extravagance and to exercise the same care in incurring expenses that a prudent person would exercise if traveling on personal business and expending personal funds. Reimbursement will not be approved for excess costs or additional expenses that are for the convenience or personal preference of the employee. Unless specifically approved by the Board in advance, unauthorized expenses include, but are not limited to, alcohol or tobacco, entertainment activities (e.g., sporting events, pay TV, movies), personal services (e.g., spa, laundry), personal items (e.g., toiletries, magazines, souvenirs), supplemental insurance on rental cars, fines for traffic violations, and meals, lodging, or other expenses for spouses, children, guests, or pets. Employees are responsible for being aware of applicable reimbursement rates and any other limitations established by the Superintendent or finance officer prior to travel.
B. APPROVAL FOR TRAVEL
Each Division will be allotted a travel budget annually. Supervisors must ensure that any proposed travel stays within the annual budget, unless written approval is obtained from the Superintendent. Out-of-county travel by any employee except the Superintendent must receive prior written approval of the employee’s supervisor on the designated travel authorization form. Out-of-state travel also requires the Superintendent’s prior written approval. The request for approval must include an estimate of the anticipated cost of the travel and related expenses. Travel requests that exceed the amount budgeted, without reasonable justification, for such purposes will be denied.
C. REIMBURSEMENT FOR TRAVEL EXPENSES
Employees may request reimbursement of actual expenses for mileage, lodging, and other business-related expenses, such as conference registration fees and parking fees, incurred on approved trips for official school system business. Travel that does not directly benefit the school system is not reimbursable. Meals will be reimbursed at the per diem rate.
The reimbursement rates for mileage, lodging, and other travel expenses will be in accordance with those established by the district. Reimbursements will not exceed the annual budget allocated to the respective employee or department. All reimbursements are contingent upon funds available.
All claims for reimbursement of travel expenses must (1) include a copy of the approved travel request form; (2) be in writing, itemized, and supported with original receipts, except that no receipt is required for meals that will be reimbursed at the approved rates; (3) document the official school business purpose for which the expenses were incurred; (4) include a copy of the agenda if the travel was to a conference, meeting, or similar event; (5) be signed by the employee; and (6) be approved by the employee’s supervisor, or in the case of the Superintendent, by the Board chair. If reimbursement is to be paid from federal funds, documentation of the business purpose must include the reason the claimant’s travel is necessary to the federal program. All claims must be submitted in accordance with any additional requirements, procedures, or deadlines established by the Superintendent.
In extenuating circumstances, such as when lodging is not reasonably available at the state-approved rate, authorization for reasonable costs in excess of the state-approved rates may be approved by the employee’s supervisor and the Superintendent or designee, or in the case of the Superintendent, by the Board chair.
D. CANCELLED TRIPS
If an employee cancels a trip for which (1) a travel advance has been extended, (2) trip-related expenses have been prepaid by the school system, or (3) a penalty or charge resulting from the cancellation is incurred, the employee is responsible for reimbursing the school system for all funds advanced or expended by the school system as a result of the cancellation unless otherwise approved by the Superintendent or designee. Failure to reimburse the school system as required may result in disciplinary action and/or actions to recover the amounts owed.
E. MILEAGE REIMBURSEMENT FOR USE OF PERSONAL VEHICLE
Employees who use their personal vehicle to travel in the performance of their official job duties will be reimbursed at the district approved rate for mileage incurred when traveling for job-related activities, subject to budgetary limitations. The Superintendent may establish criteria for determining which employees are eligible for this mileage reimbursement. Employees will not be reimbursed for tolls incurred within Union County.
Mileage reimbursement requests for all employees except the Superintendent must be approved by the employee’s immediate supervisor and submitted as directed by the finance officer or Superintendent.
F. REIMBURSEMENT OF OTHER BUSINESS EXPENSES
Employees purchasing merchandise or other items on behalf of the school system with personal funds must have prior approval of their supervisor and may be reimbursed for reasonable costs, up to a limit of $50. Expenses of greater than $50 must be approved in advance by the Superintendent or designee, or in the case of the Superintendent, by the Board chair. Requests for reimbursement must follow the procedures established by the finance officer. All requests for reimbursement must be accompanied by a statement of the business purpose for the expense and a detailed receipt. Employees who are authorized to use school system procurement cards will not be reimbursed for purchases made using personal funds without prior approval of the Superintendent or designee.
G. REIMBURSEMENT FOR CONFERENCE COSTS
Prior approval is required for reimbursement of travel expenses for instructional personnel, classified staff, and central services personnel and shall be at the rates established by the Board.
H. RESPONSIBILITY FOR MONITORING COMPLIANCE WITH THIS POLICY
The finance department, in conjunction with the human resources department, is responsible for monitoring employee compliance with this policy.
Legal References: G.S. 115C-36, -47(21), 138-6; 2 C.F.R. 200.474 North Carolina Budget Manual, Section 5 (Office of State Budget and Management), available at https://www.osbm.nc.gov/library
UNION COUNTY BOARD OF EDUCATION
APPROVED: 11/1/16
REVISED: 12/4/18
REVISED: 9/5/19 MOVED FROM 3-34 TO 3-22
REVIEWED BY GENERAL COUNSEL: 4/15/20
REVIEWED BY GENERAL COUNSEL: 1/21/21
Policy References
Legal References: G.S. 115C-36, -47(21), 138-6; 2 C.F.R. 200.474 North Carolina Budget Manual, Section 5 (Office of State Budget and Management), available at https://www.osbm.nc.gov/library