TC-5000-1
5000—PERSONNEL
5020 Equal Employment
Opportunity
5030 Non-Discrimination (Cf.
5040, 5050)
Employment
Access
Filing a
Complaint
5040 Non-Discrimination
on the Basis of Sex (Cf. 5030, 5050)
5050 Sexual Harassment
and Intimidation (Cf. 5030, 5040)
Definition
Notification
5060
Retaliation
and Whistle-Blowing
5140 Staff Involvement in
Decision Making
5170 Recruitment
Identity
and Employment Status
Non-Discrimination
Title I
Compliance
5175 Criminal History and
Background Checks
5190 Development
5200 Staff Conduct
Federal
Compliance
Staff
Appearance
5205 Possessing,
Transporting or Transmitting Dangerous Weapons (Cf. 8300)
5210 Complaints and
Grievances (Cf. 5030, 5040)
5220 Staff-Student
Relations
5230 Conflict of Interest
5300 Personnel Records
5330
Travel
Expenses (Cf. 1168, 3600)
Certified
Employees
Non-Certified
Employees
5340
Health and
Safety (Cf. 5370)
5345 Staff Smoking and
Tobacco Products
5350 Drug-Free Workplace
5357
Family and
Medical Leave
Leave
Description
Eligibility
Notice
Continuation of Benefits
Return to
Work
Implementing
Procedures
5358
Bus Driver
Alcohol and Drug Testing
5360 Temporary Illness
and Temporary Incapacity
5370 Communicable
Diseases – Employees
TC-5000-2
5380
Control of
Bloodborne Pathogens
5430 Hiring (Cf. 5020)
Teacher
Selection
5500 Teaching Staff
Probation and Tenure
Tenure
Administrative
Tenure
Administration
of Tenure
5520 Evaluation
Availability
of Evaluation Documents
5540 Suspension and/or
Dismissal of Professional Staff
5560 Resignation of
Professional Staff
Resignation
5640 Non-School
Employment (Cf. 5230)
5650 Tutoring for Pay
5685
Substitute
Teachers
5690 Student Teaching and
Internships
5700
Non-Certified
Employees
Appointment
5710 Compensation Guides
and Contracts
At-Will
Employees
5725 Qualifications and
Duties
5730 Recruitment (Cf.
5170)
5760 Assignment and
Transfer
5780 Non-Certified Staff
Probation
5800 Evaluation of
Non-Certified Staff
5830 Suspension and
Dismissal of Non-Certified Staff
At-Will
Employees
5850 Resignation of
Non-Certified Staff (Cf. 5560)
5860
Reduction
of Non-Certified Staff
5920 Non-School
Employment (Cf. 5230, 5640)
5020 Equal Employment Opportunity 5020
The Board shall be an equal opportunity employer. The
objective of the Board is to attract and retain individuals qualified and/or
trainable for the positions in the system by virtue of job-related standards of
education, training, experience, and personal qualifications.
The Superintendent is responsible for ensuring compliance
and continued implementation of this policy.
Persons who believe they have not
received equal employment opportunities should report their claims to the Superintendent. Initiating a complaint shall not adversely
affect the complainant’s terms or conditions of employment.
Approved: February 13, 2002
Reviewed:
LEGAL REF: Civil Rights Act of 1964, as amended in 1972, Section 100.4(a
& b), Title VI, Title VII; Executive Order 11246, 1986 as amended by
Executive Order 11375; Equal Employment Opportunity Act of 1972, Title VII;
Education Amendments of 1972, Title IX (P.L. 92.318), Section 106.4; 45 CFR,
Parts 81, 86 (Federal Register June 4, 1975, August 11, 1975); Michigan Civil
Rights Act, P.A. 453 or 1976, Section 101 through 211; Michigan Compiled Laws,
37.1101-37.1303 (Handicapper Civil Rights Act); Section 110.23 of the Age
Discrimination Act of 1975
5030 Non-Discrimination (Cf. 5040, 5050) 5030
The Board shall not discriminate in its policies and
practices with respect to compensation, terms or conditions of employment
because of such individual’s race, color, religion, sex, age, national origin,
height, weight, marital status, political belief, handicap or disability which
does not impair an individual’s ability to perform adequately in that
individual’s particular position or activity.
The Superintendent shall have in place all appropriate
procedures relative to the Americans with Disabilities Act. This statement of non-discrimination shall
be published and disseminated to all students, parent(s)/guardian(s),
employees, applicants and the general public in a manner determined by the Superintendent.
Employment Access
A qualified employee is individual who, with or without
reasonable accommodation, can perform the essential functions of his/her
job. It is the responsibility of the
employee to inform the building Principal that an accommodation is needed to
perform the essential job functions or to receive equal benefits and privileges
of employment. Medical documentation of
the disability from a qualified professional must be presented to the building Principal
upon request.
5030 Non-Discrimination (Cf. 5040, 5050) 5030-2
Filing a Complaint
Any employee who feels that he or she has been denied a
reasonable accommodation or been discriminated against because of his/her
disability is encouraged to report the incidents(s) and/or pursue recourse
through established District procedures.
Approved: February 13, 2002
Reviewed:
LEGAL REF: Civil Rights Act of 1964, Section 100.4(a & b), as amended,
1972, Title VI, Title VII. Executive Order 11246, 1965. Equal Employment Opportunity Act of 1972,
Title VII. Education Amendments of
1972, Title IX 45CFR. Act No. 453 of the
Public Acts of 1976 (Michigan Civil Rights Act). Section 504 of the Rehabilitation Act of 1973, Subparts 104.5 and
104.7(a); MCL 37.2402; Title II of the Americans with Disabilities Act, P.L.
101-336 of 1990, Section 35.130; Age Discrimination Act of 1975, Section 110.23
5030-R Non-Discrimination 5030-R
If any person believes that the Kalkaska School District or any part of the school has inadequately applied the principles and/or regulations of (1) Title VI of the Civil Rights Act of 1964, (2) Title IX of the Education Amendment Act of 1972, and (3) Section 504 of the Rehabilitation Act of 1973, or is in some way discriminatory on the basis of sex, race, color, religion, national origin or ancestry, age, marital status, or handicap, the person may bring forward a complaint by the following procedures.
A complaint is defined as an alleged action prohibited under one of the three acts identified above, and a complainant is a community member, parent(s)/guardian(s), student, or employee who believes an alleged illegal action has taken place.
The designated Civil Rights Coordinator for the District shall be:
Civil Rights Coordinator
The person or complainant who believes there is a valid basis for complaint shall set up a meeting with the District designated Title IX, VI, or Section 504 Civil Rights Coordinator to discuss the concern. The District designated Civil Rights Coordinator in turn shall investigate the complaint, and, within ten (10) business days, reply to the complainant in writing to set up a second meeting to discuss the findings and seek an acceptable solution to the complaint.
If
no acceptable solution to the complaint is agreed upon at the informal level,
the complainant may initiate formal procedures as listed below.
5030-R Non-Discrimination 5030-R-2
Any complaint submitted under the Formal Grievance Procedure shall be
submitted at Step I within twenty (20) business days of the second meeting with
the Civil Rights Coordinator. If the
complaint is not submitted within that time, the complaint will not be
considered.
STEP 1: The complainant must submit to the Civil
Rights Coordinator designated to receive and investigate complaints alleging
noncompliance with the specific act, a signed, written, "Statement of
Complaint". The "Statement of
Complaint" shall name the complainant; shall state the facts giving rise
to the complaint; shall identify all the provisions of the rules and
regulations alleged to be violated; shall state the contention of the
complainant with respect to those provisions; shall indicate the relief requested;
and shall be signed by the complainant involved.
The Civil Rights Coordinator shall further investigate the
matter(s) of the grievance and reply as to the District's position in this
matter in writing by certified mail to the complainant within five business
days after receipt of the written complaint.
STEP 2: If the complainant wishes to
appeal the decision of the Civil Rights Coordinator, he/she may submit a signed
statement of appeal to the Superintendent within five business days after receipt
of the Coordinator's response to the grievance. Failure by the complainant to appeal the complaint within the
time limit provided shall bar the complaint.
The Superintendent shall meet with all parties involved within a
reasonable time, not to exceed fourteen business days, in an attempt to resolve
the matter(s). After the meeting, the Superintendent
shall formulate a conclusion, and respond in writing to
5030-R Non-Discrimination 5030-R-3
the grievance within ten (10) business days by certified mail.
STEP 3: If the complainant remains
unsatisfied, he/she may appeal through a signed, written statement of appeal to
the Board within five business days of her/his receipt of the Superintendent's
response in Step 2. Failure by the
complainant to appeal the complaint within the time limit provided shall bar
the complaint. In an attempt to resolve
the grievance, the Board shall meet with the concerned parties and their
representatives within fifteen business days of the receipt of such an
appeal. A copy of the Board's
disposition of the appeal shall be sent by the Board Secretary to each
concerned party within ten business days of this meeting by certified mail.
STEP 4: If, at this point, the
grievance has not been satisfactorily settled, the complainant may further
appeal to the Office for Civil Rights, U.
S. Department of Education, Washington, D.C. 20201. The Complaint should first
be directed to the Regional Office and to the attention of:
The Regional Director
Office for Civil Rights, Region V
Department of Education
300 South Wacker Drive
Chicago, Illinois 60606
(313) 353‑2521
5040 Non-Discrimination on the Basis of Sex
(Cf. 5030, 5050) 5040
No District employee or student, on the basis of sex, shall
be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any educational program or activity receiving federal
financial assistance.
A grievance procedure for responding to claims of
discrimination based upon sex by an employee or student of the District has been
developed and is available in the Superintendent’s office.
This statement and information about complaints about Title
IX compliance shall be disseminated to students, parent(s)/guardian(s),
employees, applicants, and the general public in a manner as determined by the Superintendent.
Approved: February 13, 2002
Reviewed:
LEGAL REF: Title IX of the Education Amendments of 1972, Section 106.4; MCL
37.2101-2804 (Michigan Civil Rights Act)
5050 Sexual Harassment and Intimidation
(Cf. 5030, 5040) 5050
It is the policy of this District to maintain a working
environment that is free from sexual harassment. No staff member of this District shall be subjected to any form
of sexual harassment or intimidation.
It shall be a violation of this policy for any Board member,
employee, or student to harass any member of the District staff through conduct
or communications of a sexual nature as defined in this policy.
Each administrator shall be responsible for promoting
understanding and acceptance of, and assuring compliance with, state and
federal laws, and Board policy and procedures governing sexual harassment
within his/her building or office.
Definition
Sexual harassment means unwelcome sexual advances, requests
for sexual favors, and other verbal or physical conduct of a sexual nature
when:
a. submission
to such conduct is made either explicitly or implicitly a term or condition of
a person’s employment; or
b. submission
to or rejection of such conduct by a Board member or employee is used as the
basis for decisions affecting the employee; or
c. such
conduct has the purpose or effect of unreasonably interfering with an
employee’s performance or creating a hostile work environment.
Sexual harassment, may include, but is not limited to, the
following:
n verbal
harassment or abuse;
n pressure
for sexual activity;
n repeated
remarks with sexual or demeaning implications;
n unwelcome
touching; and/or
n suggesting
or demanding sexual involvement, accompanied by implied or explicit threats
concerning employee’s safety or job.
5050 Sexual Harassment and Intimidation
(Cf. 5030, 5040) 5050-2
In addition, any form of retaliation
against the complainant or witness is in itself a form of sexual harassment.
Notification
Notice of this policy will be
periodically circulated to all school buildings and departments within the District,
and incorporated in teacher, student and parent(s)/guardian(s) handbooks. All new hires of the District will be
required to review and sign off on this policy and its related complaint
procedure.
Training sessions on this policy and the
prevention of sexual harassment shall be held for all Board members,
administrators, teachers and employees of the District.
Approved:
February 13, 2002
Reviewed:
LEGAL REF: MCL 37.2101 et seq., MCL
380.11a, Title IX of the Education Amendments of 1972.
5050-R Sexual Harassment and Intimidation 5050-R
Any employee who alleges sexual harassment by a Board
member, staff member or student in this District, may use the procedure
detailed in the appropriate current negotiated agreement or faculty handbook or
may complain directly to his/her immediate supervisor, building Principal,
school counselor, District Title IX coordinator or grievance officer. Filing a grievance or otherwise reporting
sexual harassment will not reflect upon the individual’s status, nor will it
affect future employment or work assignments.
The right to confidentiality, for both the accuser and the
accused, will be respected consistent with the District’s legal obligations and
with the necessity to investigate allegations of misconduct and to take
corrective action when this conduct has occurred.
Grievance Procedure
Any employee in the District who believes that he/she has
been subjected to discriminatory and/or sexual harassment shall report the incident(s)
to the Superintendent, immediate supervisor, Title IX coordinator, or grievance
officer.
Should a building or central office administrator be the
subject of the immediate complaint or have an apparent conflict of interest in
relation to it, he/she will not participate in any way in the investigation of
or the decision regarding the complaint.
Upon the filing of a complaint, the grievance officer shall
conduct a prompt and complete investigation.
The officer shall attempt to resolve the problem through the following
steps:
1. Interview the complainant and document the
interview.
a. Request that the complaint be put in
writing, if possible.
5050-R Sexual Harassment and Intimidation 5050-R-2
b. Obtain the names of witnesses who can be
contacted to substantiate the charges being made and secure permission of the
complainant to interview them.
2. Interview the accused and document the
interview.
a. Re-emphasize the Board’s policy regarding
insult, intimidation and harassment without making judgments at this stage.
b. Keep the identity of the complainant
confidential, if possible.
3. Interview all witnesses identified by the
parties and document the interview.
4. Review
the personnel files or student records/files of the complainant and the accused
for any history of problems.
5. Make a determination on the merits of the
complaint.
n If the investigation shows that the
complaint is without merit, the following action will be taken:
1. The
investigation will be closed.
2. The
grievance officer’s findings and reasons for them will be discussed with the
complainant.
3. Consideration
will be given to disseminating the results of the investigation to employees or
students who have knowledge of it.
4. All
references to the complaint will be removed from the accused party’s personnel
file.
5. The
Board’s policy regarding discriminatory and/or harassment and the mechanism for
complaint resolution will be reiterated to all employees or students involved
in the investigation.
6. All
documentation regarding the complaint and the investigation will be maintained
in a separate confidential file in the event that litigation is commenced or a
charge is
5050-R Sexual Harassment and Intimidation 5050-R-3
filed with the Equal Employment
Opportunity Commission or the Michigan Department of Civil Rights.
n If the investigation shows that the
complaint has merit, the following action will be taken:
1. The
investigation will be closed.
2. The grievance officer will confer with the
Board and Superintendent to determine what action is necessary to resolve the
complaint and prevent recurrence.
a. The complainant should be made whole: in
the case of an employee, for any lost earnings, employment opportunities,
personnel records should be corrected.
b. The potential for continuing problems
should be alleviated by reassignment where possible.
3. The
parties will be advised of the results of the investigation and the actions to
be taken.
4. Appropriate
discipline will be imposed, as required by the strength of the evidence, the
severity of the incident, and the position and prior record of the offender.
5. All
actions will be documented and a record placed in the offender’s permanent
personnel file or student discipline records.
6. The
Board’s policy regarding discriminatory and/or sexual harassment and the
mechanism for complaint resolution will be reiterated to all Board members,
employees, or students involved in the investigation.
7. All
documentation regarding the complaint and the investigation will be maintained
in a separate confidential file in the event that litigation is commenced or a
charge is filed with the Equal Employment Opportunity Commission or the
Michigan Department of Civil Rights.
5050-R Sexual Harassment and Intimidation 5050-R-4
All complaints, interviews and investigations will be
treated with the strictest confidentiality and utmost discretion. Only those Board members, employees, or
students whose participation in the investigation of a complaint was essential
to its resolution will be informed of it.
The Board reserves the right
to contact outside investigators for sensitive and/or extensive complaints of
harassment.
Sanctions
a. A
substantiated charge against a staff member in the District shall subject that
staff member to disciplinary action, up to and including discharge.
b. A
substantiated charge against a student in the District shall subject that
student to disciplinary action, which may include suspension or expulsion,
consistent with the student discipline code.
c. A
substantiated charge against a Board member in the District shall subject that Board
member to any legal and disciplinary action allowed under current law.
5060 Retaliation
and Whistle-Blowing 5060
Employees are encouraged to report
suspected illegal activity to appropriate District administrators, or the Board. The Board will not tolerate any form of
reprisal, retaliation or discrimination against:
·
Any
employee, or applicant for employment, because he/she opposed any practice that
he/she reasonably believed to be made unlawful by federal or state laws
prohibiting employment discrimination on the basis of sex, race, color,
national origin, age, religion, height, weight, marital status, handicap or
disability;
·
Any
employee, or applicant for employment, because he/she filed a charge, testified,
assisted or participated, in any manner, in an investigation, proceeding or
hearing under federal or state laws prohibiting employment discrimination on
the basis of sex, race, color, national origin, age, religion, height, weight,
marital status, handicap or disability or because he/she reported a suspected
violation of such laws according to this policy; or,
·
Any
employee or applicant because he/she reported, or was about to report, a
suspected violation of any federal, state or local law or regulation to a body
(unless the employee knew that the report was false) or because he/she was
requested by a public body to participate in an investigation, hearing or
inquiry held by that public body or a court.
An employee or applicant for
employment who believes that he/she has suffered reprisal, retaliation or
discrimination in violation of this policy shall report the incident(s) to the
business manager. The Board guarantees
that no employee or applicant for employment who makes such a report will
suffer any form of reprisal, retaliation or
5060 Retaliation
and Whistle-Blowing 5060-2
discrimination
for making the report.
The Board considers violations of
this policy to be a major offense that will result in disciplinary action
against the offender, regardless of the offender’s position within the District.
Approved: February
13, 2002
Reviewed:
5140 Staff Involvement In Decision Making 5140
The Board desires that all members
be given opportunities to take part as plans are made for the operation of the District,
schools, and departments.
Administrators shall exercise their
powers and duties in ways consistent with democratic ideals and
institutions. They will make
recommendations and initiate new procedures only after seeking and giving
consideration to the opinions of staff members. The Board expects opportunities to be provided for the democratic
participation of teachers and other employees in planning working situations
and arrangements.
Approved: February
13, 2002
Reviewed:
5170 Recruitment 5170
The Superintendent shall have the authority to establish a
procedure for the recruitment of well-qualified personnel to staff the
schools. The Superintendent may request
building Principals or other staff members to assist in this effort.
Identity and Employment Status
All potential employees of the District shall verify their
identity and employment status to the Superintendent.
The Superintendent shall maintain a file on all of the District's
employees hired after November 6, 1986, proving that each employee has verified
his/her identity, employment status, U.S. citizenship, or legal alien status to
the Superintendent’s satisfaction.
Evidence to be used to verify identity, employment status, U.S.
citizenship, or legal alien status should include at least two of the following
documents, one of which contains a current photo of the employee: U.S. birth certificate, social security
card, and a current driver’s license; a state or military identification card;
or one of the following: U.S. passport,
certificate of U.S. citizenship, certificate of naturalization, unexpired
foreign passport, or resident alien card.
Non-Discrimination
The Board shall not discriminate in its policies and
practices with respect to compensation, terms or conditions of employment
because of such individual’s race, color, religion, sex, national origin,
height, weight, age, marital status, political belief, disability, or handicap
which does not impair an individual’s ability to perform adequately in that
individual’s particular position or activity.
The Superintendent shall have in place all appropriate
procedures relative to the Americans with Disabilities Act. This statement of non-discrimination shall
be published and disseminated to all students, parent(s)/guardian(s), employees,
applicants and the public in a manner determined by the Superintendent.
5170 Recruitment 5170-2
Title I
Compliance
The
Superintendent shall insure that the District is in compliance with the
provisions of Title I, the No Child Left Behind Act. Manuals and handbooks shall comply with federal law as to the
qualifications for instructional personnel.
Notice of professional qualifications shall be provided to parent(s)/guardian(s)
of students in Title I schools and staffing pattern reviews as required by law
shall be conducted annually as required by law.
Approved: March 10, 2003
LEGAL REF: 42 USCA §1981 et seq. (Civil Rights Act); 42 USCA 2000e-8,
2000e-12; 44 USCA 3501 et seq.; 42 USCA 12117 (The Equal Employment
Opportunities Act); 42 USCA §2000e, et seq. (Title VII of the Civil
Rights Act); 20 USCA §1681; 34 CFR §
106.8; 34 CFR §106.9 (Title IX of the Education Amendments); 42 USCA 12116 (The
Americans with Disabilities Act); MCL 37.1101-1607 (Person’s with Disabilities
Civil Rights Act); 37.2101-2804 (Elliott-Larsen Civil Rights Act); 20 USCA 6311(h)(6)(A) (No Child Left Behind
Act)
5170-R Recruitment 5170-R
The Superintendent will ensure
that all employee manuals or handbooks are in compliance with federal law and
include: