TC-5000-1
5000—PERSONNEL
5020 Equal Employment
Opportunity
Affirmative
Action
5030 Non-Discrimination
(Cf. 5020, 5050)
Americans
With Disabilities Act
Title IX
Compliance
5050 Sexual Harassment
and Intimidation (Cf. 5030, 8015)
Definition
Notification
5170 Recruitment
Certified
Staff
Non-Certified
Staff
Identity
and Employment Status
Non-Discrimination
5175
Criminal
History and Background Checks
Criminal
History Checks
Background
Checks
5190 Staff Development
Opportunities
5200 Staff Conduct
Staff
Appearance
5205 Academic Freedom
Definition
5220 Staff-Student
Relations
Threats
to Students
5230 Conflict of Interest
(Cf. 5640)
Placement
of Relatives
5260 Solicitations
5300 Personnel Records
5340 Staff Health and
Safety (Cf. 5370)
5342 Zero Tolerance
Policy Against Violence in the Workplace
5345 Staff Smoking and
Tobacco Products
5350 Drug-Free Workplace
5357 Family and Medical
Leave
5358
Bus
Driver Alcohol and Drug Testing
5360 Temporary Illness
and Temporary Incapacity
5380 Control of
Bloodborne Pathogens
5410 Professional Staff
Contracts
SN: Scope of category determined by actual agreements in force.
5500 Teaching Staff
Probation and Tenure
Tenure
Administrative
Tenure
Administration
of Tenure
TC-5000-2
Certified Employees
5520 Evaluation
Availability
of Evaluation Documents
5540 Suspension and/or
Dismissal of Professional Staff
5560 Resignation of
Professional Staff
5640 Non-School
Employment (Cf. 5230)
5650 Tutoring For Pay
(Cf. 5230)
5685 Arrangement for Guest
Teachers
5690 Professional Staff
Assignments and Transfers
5700 Non-Certified Employees
5710 Compensation Guides
and Contracts
At-Will
Employees
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)
5020 Equal Employment Opportunity 5020
The District shall be an equal opportunity employer.[1] The objective of the District 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.
Affirmative Action
The District is committed to the concept of affirmative action as a means of ensuring equal employment opportunity for all and to ensure that discrimination does not occur. The District will take steps necessary to identify and remedy procedures which have the potential to be discriminatory in the recruitment, hiring, assignment or promotion of staff or which affect other terms and conditions of employment.
Approved: July 11, 2001
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, Act No. 453 of the Public Acts of 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. 5020, 5050) 5030
The District 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, or disability[2] which does not impair an individual’s ability to perform adequately in that individual’s particular position or activity.[3]
Americans With Disabilities Act[4]
The Flint Community Schools assures that no qualified person with a disability shall be discriminated against in employment, transportation, public accommodations, and/or telecommunications resultant from that disability.
Additionally, the Flint Community Schools assures that it will provide auxiliary aids and services to ensure effective communication, such as a telecommunications device for the deaf (TDD), signers for the hearing impaired, and audio tapes for individuals with visual impairments attending meetings.
Compliance will be coordinated with the nondiscrimination requirements contained in Section 35.107 of the Department of Justice regulations.
Title IX
Compliance
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.
5030 Non-Discrimination 5030-2
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, parents/guardians, employees, applicants, and the general public in a manner as determined by the Superintendent.
Approved: July
11, 2001
Reviewed:
LEGAL
REF: Civil Rights Act of 1964, Section
100.4(a & b), as amended, 1972, Title VI, Title VII. Executive Order 11246,
1965, as amended by Executive Order 11375.
Equal Employment Opportunity Act of 1972, Title VII. Education Amendments of 1972, Title IX 45CFR,
Parts 81, 86, Sections 106.4 and 106.8(a), (Federal Register, June 4, 1975,
August 11, 1975). 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, PL 101-336, Section 35.130; Age Discrimination Act of 1975,
Section 110.23
5030-R Non-Discrimination 5030-R
Accommodations Committee and Requests for
Accommodation
An ADA Accommodations Committee shall be convened, as needed, to review requests for accommodation and render decisions on said requests.
Employment-related requests for accommodation may be referred to the Personnel Subcommittee. Requests regarding building accessibility may be referred to the Facilities Subcommittee. The ADA Accommodations Committee will consider all other requests.
Requests for
accommodation must adhere to the following procedure:
1. Students, employees, and all other beneficiaries of District services who request accommodation under ADA must complete a “Request for Accommodation of the Basis of Disability” form. All sections of the form must be completed and supportive documentation attached before the request will be processed.
2. Members of the ADA Accommodations Committee or appropriate subcommittee, the requesting party, the supervisor and/or building administrator, and other appropriate parties will collaborate to determine appropriate accommodations and methods of providing those accommodations to qualified individuals with disabilities. Health service providers may be consulted for clarification of requests and/or assistance in determining appropriate reasonable accommodations.
3. All recommendations for accommodation shall be made to the ADA coordinator.
5030-R Non-Discrimination 5030-R-2
4. Requests for accommodation on the basis of disability must be updated annually. Continuation of provision of services is contingent upon the updated information provided and existing circumstances. Cases may be reviewed frequently if deemed appropriate by the ADA Accommodations Coordinator.
Grievance Procedure
If any person believes that the District, or any part thereof, 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 Amendments 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 disability, 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/guardian, student, or employee who believes an alleged illegal action has taken place.
Informal Procedure
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.
5030-R Non-Discrimination 5030-R-3
If no acceptable
solution to the complaint is agreed upon at the informal level, the complainant
may initiate formal procedures as listed below.
Any complaint submitted under the Formal Grievance Procedure shall be submitted at Step 1 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.
Formal
Procedure
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
5030-R Non-Discrimination 5030-R-4
the meeting, the Superintendent shall formulate a conclusion, and respond
in writing to 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. The Board Secretary shall send a copy of the
Board’s disposition of the appeal 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
5050 Sexual Harassment and Intimidation
(Cf. 5030, 8015) 5050
It is the
policy of Flint Community Schools 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[5].
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 District 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, nonverbal
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;
n Suggesting
or demanding sexual involvement, accompanied by implied or explicit threats
concerning employee’s safety or job.
5050 Sexual Harassment and Intimidation 5050-2
n
In addition, any form of retaliation against the complainant or witness
is in itself a form of sexual harassment.
Notification[6]
Notice of
this policy will be circulated annually to all school buildings and departments
within the District, and incorporated in teacher, student and parent/guardian
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. In addition, students will
have available as part of their curriculum and instructional program, sessions
on this policy and the prevention of student-to-student sexual harassment.
Approved: July 11,
2001
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 designated administrator. 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 designated
administrator.
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 or she
will not participate in any way in the investigation of or the decision
regarding the complaint.
Upon the
filing of a complaint, the designated administrator 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.
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.
5050-R Sexual Harassment and Intimidation 5050-R-2
2. Interview the accused and document the
interview.
a. Re-emphasize the District’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 designated
administrator’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 District’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 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.
5050-R Sexual Harassment and Intimidation 5050-R-3
2. The
designated administrator 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 District’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.
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.
5050-R Sexual Harassment and Intimidation 5050-R-4
Sanctions[7]
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 Code for Student Code.
1.
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.
5170 Recruitment 5170
The
objective of the District is to hire the most highly qualified and/or trainable
person available for the position based on education, training, experience,
personal qualifications, and proper state certification as required for a
particular position.
Certified
Staff
The ultimate
responsibility for the hiring of certified staff rests with the recommendation
of the Superintendent and the approval of the Board.
The
Superintendent shall initiate procedures for the determining of staff needs,
recruitment of qualified candidates and nomination of certified personnel for
employment with the District.
Non-Certified
Staff
The
responsibility for establishing non-certified employee positions rests with the
recommendation of the Superintendent and the approval of the Board.
The Board
further directs the Superintendent to initiate procedures for the recruitment
of qualified candidates for approved non-certified employee positions. The Superintendent has the authority to
select and recommend the most qualified candidate to fill Board approved
positions.
When salary
and conditions of employment are governed by a master agreement negotiated and
ratified by the Board, the Superintendent shall be authorized to approve salary
and conditions of employment that are consistent with that agreement.
When not
governed by a master agreement, the Board shall establish salary and/or
conditions of employment upon the recommendation of the Superintendent.
All
candidates for employment shall possess a high school diploma as one of the
qualifications for employment.
Identity
and Employment Status
All
potential employees of the District shall verify their identity and employment
status to the Superintendent.
5170 Recruitment 5170-2
The
Superintendent shall maintain a file on all of the District’s employees hired
after November 6, 1986, proving that employees have verified their 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 District
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, marital status, political
belief, disability, or handicap that does not impair an individual’s ability to
perform adequately in that individual’s particular position or activity.[8]
The
Superintendent shall have in place all appropriate procedures relative to the
Americans with Disabilities Act.[9] This statement of non-discrimination shall be
published and disseminated to all students, parents/guardians, employees,
applicants and the general public in a manner determined by the Superintendent.
Approved: July 11, 2001
Reviewed:
LEGAL
REF: Civil Rights Act of 1964, as
amended, 1972, Title VI, Title VII; Equal Employment Opportunity Act of 1972,
Title VII; Education Amendments of 1972, Title IX, 45CFR, Parts 81, 86, Section
106.8(a);. Act No. 453 of the Public
Acts of 1976 (Michigan Civil Rights Act); Section 504 of the Rehabilitation Act
of 1973, Subpart 104.7(a); MCL 37.2402; Americans with Disabilities Act, P.L.
101-336
5175 Criminal History and Background Checks 5175
Criminal History Checks
Upon
an offer of initial employment by the District, all full-time and part-time
employees in certified positions shall have undergone a criminal history check.[10]
A
staff person may be hired prior to the results of a criminal history check
following the guidelines in current law.[11]
Only
those persons who have been offered a position or contract by the District
and/or Superintendent must undergo a criminal history check, not all
applicants.[12]
Background Checks[13]
Upon
an offer of initial employment by the District, all persons shall have undergone
an unprofessional conduct background check. Prospective volunteers of the
District may be required to undergo a background check at the discretion of the
Superintendent.
5175 Criminal History and Background Checks 5175-2
Each
applicant must provide a written authorization for an unprofessional conduct
check authorizing the applicant’s current or former employer(s) to disclose to
the District any unprofessional conduct by the applicant and make available
copies of all documents relating to the unprofessional conduct. Furthermore, the written authorization shall
release the applicant’s current or former employer(s) from any liability for
providing information to the District.
Approved: July
11, 2001
Reviewed:
LEGAL REF: MCL 380.1230; 380.1260; 380.1539a(6)
5190 Professional
Development Opportunities 5190
The
District supports the concept of professional development for the staff and to
this end, shall authorize funding in its budget. Accordingly, the District will provide
professional development opportunities through:
1.
Planned
in-service programs, course, seminars, and workshops offered within the
District;[14]
2.
Visits
to other classrooms and schools, and attendance at conferences, workshops, and
other meetings;
3.
Leaves
of absences for advanced training and internships.[15]
With the Superintendent’s approval, staff members may be released with full pay to attend conventions, professional meetings and workshops, visit exemplary programs, and participate in other professional growth activities. At the time of approval, the Superintendent will indicate the expenses, if any, the District will reimburse.
Approved: July 11, 2001
Reviewed:
LEGAL
REF: MCL 380.1254; 380.1525; 380.1526;
388.1695
5200 Staff Conduct 5200
All staff
members have the responsibility to make themselves familiar with, and abide by,
the laws of the State of Michigan as they affect their work, the policies of
the District, and the administrative regulations designed to implement
them. All staff members shall be
expected to carry out their assigned duties, support and enforce District
policies and administrative regulations, submit required reports, protect
District property, oversight of students and contribute to the education and
development of the District’s students.
The
Superintendent and building principals shall assume the major responsibility
for interpreting this policy.
Staff Appearance
Staff
dress and grooming must not disrupt the educational process, interfere with the
maintenance of a positive teaching/learning climate, or compromise reasonable
standards of health, safety, and decency.
Approved: July 11,
2001
Reviewed:
5205 Academic
Freedom 5205
The
District endorses academic freedom when it is coupled with:
·
Consideration
of the rights of others;
·
Maintenance
of the educational process;
·
Concern
for the welfare, growth, and development of all students;
·
Objective
scholarship;
·
Compliance
with District curriculum and standards,
policy, procedures, values, mission statements, and strategic plan; and
·
Compliance
with state and federal laws, court decisions, and regulations.
Definition
“Academic Freedom” means freedom of
school personnel or students to investigate or discuss controversial social,
economic, and political issues and problems without arbitrary interference or
loss of standing.
Approved: July
11, 2001
Reviewed:
5220 Staff-Student Relations 5220
All District
employees are expected to maintain relationships with members of the student
body that are conducive to an effective educational environment. All District employees are responsible for
the regulation of student conduct.
Threats
to Students
Any District
employee who threatens to inflict, inflicts, or causes to be inflicted,
deliberate physical pain by any means to any student, may be disciplined
according to provisions which may be found in the current negotiated master
contract or as prescribed by the Board.[16]
Employees
found to be in violation of this policy may be subject to a letter of
reprimand, probation, suspension, and/or termination of employment.[17]
Approved: July 11, 2001
Reviewed:
LEGAL
REF: MCL 380.1312
5230 Conflict of Interest (Cf. 5640) 5230
No employee shall engage in, or have a direct or indirect financial interest in, any activity that conflicts or raises a reasonable question of conflict with the employee’s assigned duties and responsibilities.
No individual concerned with the sale and purchase of materials for the schools shall directly or indirectly derive any gratuitous benefit from such business transactions.
Placement of Relatives
Relatives of Board members and relatives of employees of the District may be hired if their qualifications are equal to other applicants in the sole judgment of the Superintendent. However, in no event will a relative be allowed to supervise the work of a relative. In the event such situations arise following employment, one of the employees will be transferred, if possible, to another area or department to eliminate the problem or potential problem.
A person is a “relative” for purposes of this policy if the person is a spouse, child, parent/guardian, grandparent, or sibling, of a Board member or employee.
Approved: July
11, 2001
Reviewed:
5260 Solicitations 5260
All persons
seeking to sell, solicit, or display an item relating directly to expenditures
of District funds to any school employee on school premises must first secure
permission from the building principal before any appointment is made. All such appointments approved by the
building principal shall be held before or after regular school hours.
This policy
shall not apply to fund-raising by inter-employee groups unless solicitation is
to be made outside of the particular group that initiates the fund drive.
Approved: July 11, 2001
Reviewed:
5260-R Solicitations 5260-R
Solicitations
of Staff Members
All vendors
must secure permission from the building principal to interview a school
employee on District property. If any
vendor violates this procedure, he/she may be barred from making appointments
with school employees. The principal may
also recommend to the Superintendent not to purchase products or other such
items from said vendor. If a vendor
violates District policy and is subsequently barred from soliciting in the
District, the Superintendent shall send appropriate notices to each building
principal.
The notice
will include the name of the vendor, his/her company and reasons for and length
of the suspension. The Superintendent
may bar a vendor from soliciting sales from District employees for a period of
time not to exceed 12 months from the date of suspension. Said notice will be sent to the vendor in
question and to his/her immediate employer. The rights of the vendor may be
restored, at a time sooner, upon petition by the vendor to the District.
5300 Personnel Records 5300
A
personnel record[18]
shall be maintained in the administrative office for each employee. Personnel records kept by the District
concerning employees shall be kept in a secured location, and are to be under
the custodianship of the appropriate District personnel. Personnel records of employees who have left
the District shall be similarly kept, but in an inactive file. An employee will be given access to his or
her personnel records according to law and the guidelines developed by the
Superintendent.[19]
The
Board may have access to personnel files of employees when the Board, in the
employee-employer relationship, deems such access necessary. Individual Board members shall not have
access to personnel files or records without following procedures established
under law.
Approved: July 11,
2001
Reviewed:
LEGAL
REF: MCL 423.501-512; 15.231 et seq.
5300-R Personnel Records 5300-R
One, official personnel record shall be maintained for each employee of the school District. “Personnel record” shall be defined as a record kept by the District that identifies the employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.
The following shall not be considered personnel records as defined in MCL 423.501:
1. Employee references supplied to an employer if the identity of the person making the reference would be disclosed.
2. Materials related to the employer’s staff planning with respect to more than one employee, including salary increases, management bonus plans, promotions, and job assignments.
3. Medical reports and records made or obtained by the employer if they are available to the employees from their original source.
4. Information of a personal nature within the personnel folder concerning a person other than the employee when disclosure would constitute an unwarranted invasion of privacy.
5. Information relating to an investigation that is kept separate from other records pursuant to MCL 423.509.
6. Records limited to grievance investigations that are kept separately and are not used for purposes of employment, promotion, transfer, etc.
5300-R Personnel Records 5300-R-2
7. Records kept by an executive, administrator or professional employee that are kept in sole possession of the maker of the record and that are not accessible or shared with other persons. Such information may be made a part of the personnel record if entered not more six months after the date of the occurrence or the date the fact becomes known.
Personnel record
information not included in the personnel record of an employee but that should
have been, may not be used in a judicial or quasi-judicial proceeding except
when the judge or hearing officer determines the information was not
intentionally excluded or if the employee agrees or has been given a reasonable
time to review the information. Material
that should have been included may be used at the request of the employee.
Requests to Review
Requests to review records shall be made in writing to Human Resources for Learning. Arrangements for an appointment for the review shall be made within two weeks after the receipt of the request. Records shall be reviewed in the Office of Human Resources or a place designated by him or her during normal office hours at a time that will not interfere with the employee’s work assignment. Other arrangements will be made if the time and/or place make it impossible for the employee to review the records without taking time off from his or her work assignment.
After reviewing the records and at the employee’s request, copies of the information or parts of the information in the employee’s record shall be made available to the employee. A fee for copying such information shall be charged according to fees established under the Freedom of Information Act. If arrangements cannot be made to
5300-R Personnel Records 5300-R-3
review the record with the employee, copies of the record shall be mailed to the employee upon his or her written request.
Amendments
If an employee disagrees with information contained in his or her personnel record, the removal or correction may be mutually agreed upon or the employee may submit a written statement explaining the employee’s position. Such a statement shall not exceed five sheets of 8½ x11-inch paper and shall be included when the information is divulged to a third party as long as the original information is a part of the file.
Prohibitions
Employee records shall not contain records of an employee’s association, political activities, publication or communications of non-employment activities unless the information is submitted in writing by or authorized to be kept or gathered by the employee, or unless the activities occur on the employer’s premises or during the employee’s working hours that interfere with the performance of the employee’s duties or those of other employees. If kept, it shall be a part of the personnel record available to the employee.
A separate file may be maintained relative to an investigation when the District has reasonable cause to believe that an employee is engaged in criminal activity that could cause damage or disruption to the District. At the end of the investigation or at the end two years, whichever comes first, the employee must be notified that an investigation has taken place or is in progress. If disciplinary action is not taken as a result of the investigation, all copies of the material shall be destroyed.
5340 Staff Health and Safety (Cf. 5370) 5340
The District
shall attempt to ensure staff health, safety, and protection during working
hours.
The District
shall comply with the provisions of the federal[20]
and Michigan Occupational Safety and Health Act[21]
as they apply regarding the employee’s right to know of hazardous conditions or
materials.
The
administration shall prepare and distribute to all employees an Occupational
Exposure Control Plan to eliminate or minimize occupational exposure to
potentially infectious materials.[22] The Plan shall be reviewed and updated by the
administration annually. The plan shall
address the following issues:
·
Exposure
determination;
·
Implementation
schedule;
·
Procedures
for evaluating incident.
Approved: July 11,
2001
Reviewed:
LEGAL
REF: MCL 408.1001-1094, Michigan
Occupational Safety and Health Act
5342 Zero Tolerance Policy against Violence in the Workplace 5342
It is the policy of the Flint Community School District
(“the District”) to provide a safe and nonviolent environment for its staff,
faculty, students, volunteers, vendors, contractors and guests that is free of
workplace violence.
Workplace
violence can be any act, behavior, or statement, which would be interpreted by
a reasonable person to be aggressive, intimidating, harassing, or unsafe. It includes physical violence, threats of
physical violence, harassment, intimidation or other threatening, disruptive
behavior that occurs at the work site.
Workplace violence also includes on-site or off-site threats made via
the telephone, facsimile, electronic, or conventional mail, or any other
communication medium.
A
number of different actions in the work environment can trigger or cause
workplace violence. It may also be the
result of non-work related situations such as domestic violence or “road
rage.” Workplace violence can be
inflicted by an abusive employee, a manager, a family member, a co-worker, a
student, a student’s parent/guardian, or even a stranger.
Threatening, harassing, intimidating, coercing, verbally or physically abusing the District’s staff, faculty, students, volunteers, vendors, contractors or guests, are considered serious offenses that are not accepted and will not be tolerated by the District.
Any person who makes threats, exhibits threatening
behavior, or engages in violent acts on District property violates this policy,
and may be removed from the premises pending the outcome of an
investigation. Violations of this policy
by employees will lead to disciplinary action that may include termination of
employment, arrest, and/or criminal prosecution. If the violator is a member of the general
public, parent of a student, or contractor, the District’s response may include
barring the person from District-owned premises, termination of business
relationships with that individual or contractor, and criminal prosecution of
the person involved.
District employees must notify their immediate supervisor of any threats that they have witnessed, received, or have been told that another person has witnessed or received. Supervisors must complete an incident report, and forward it to the District’s Director of Safety and Security. The Director will conduct an initial investigation and forward the incident report to the Workplace Violence Prevention Committee. Failure to report instances of workplace violence and/or making false reports under this policy will constitute a violation of this policy, which may result in disciplinary action up to and including termination of employment at the sole discretion of the District.
In instances of an actual or imminent physical assault, a person experiencing or witnessing such behavior should call 911 immediately, and then call building security. If it is possible to separate the people involved in an altercation safely, all attempts to do so should be made. However, employees are expected to use common sense and good judgment such that they do not place themselves in potential danger.
The District has established a Workplace Violence Prevention Committee that will consist of the Director of Pupil Personnel Services, the Chief Operations Officer, the Director of Security, a representative from Human Resources, two union officials, an elementary school Principal, a secondary school Principal, two police liaison officers, a parent and the Risk and Benefits Manager.
The Workplace Violence Prevention Committee will be responsible for:
· Investigating all reports of violence in the workplace;
· Recommending the appropriate action to be taken by Administration in response to the reports, including disciplinary action and/or recommendations for prevention of similar incidents in the future;
· Designing, implementing and revising workplace violence training and education for all District employees; and
· Establishing the procedures to be followed by building security.
This policy prohibits retaliation against any employee who, in good faith, reports a violation of this policy. Every effort will be made to protect the safety and anonymity of anyone who comes forward with concerns about a threat or act of violence.
Any District employee who has received a Personal Protective Order from a Judge is required to provide their immediate supervisor with a copy of such order.
No person shall possess or have control of any dangerous weapon while on District property. A dangerous weapon is any instrument capable of producing bodily harm, including but not limited to; firearms, knives, box cutters, B-B guns, daggers, etc.
Approved: July 1, 2001
Revised: November 20, 2002
LEGAL REF: MCL 750.82
5345 Staff Smoking and Tobacco Products 5345
District
employees shall not smoke or use tobacco products in any building or on school
grounds.
District
employees shall not smoke or use tobacco products when they are involved with
students or when supervising student activities.
Approved: July 11, 2001
Reviewed:
LEGAL
REF: MCL 750.473
5350 Drug-Free Workplace 5350
In compliance with the Drug-Free Workplace Act of 1988 (PL 100-690) and the 1989 Appropriations Act (PL 100-440) that pertain to the requirements for a drug-free workplace policy, the Flint Board of Education is committed to providing and maintaining a drug-free workplace and a healthy environment for its employees and the students it serves. It is the position of the Board that drug addiction warrants treatment and that addiction can pose serious risks to the individual’s health and safety.
Therefore, the Board prohibits employees to manufacture, distribute, dispense, possess, use, consume, or be under the influence of any controlled substance in the workplace. Violation of such prohibition by Board employees will result in appropriate disciplinary personnel action, up to and including termination.
Further, the Board certifies that it will provide a drug-free workplace by:
1. Publishing a statement notifying employees of this drug-free workplace policy, its prohibitions, and specifying the actions that will be taken against employees for violations against such prohibitions.
2. Establishing a drug-free awareness program to inform employees about: (a) the dangers of drug abuse in the workplace;
(b) the Board’s policy of maintaining a drug-free workplace;
(c) any available drug counseling, rehabilitation, and employee assistance programs; and
(d) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
3. Requiring that every employee be given
a copy of this policy statement with the notification that, as a condition of
employment, the employee will:
5350 Drug-Free Workplace 5350-2
(a) abide by the terms of the policy statement;
(b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
4. Notifying the funding agency within ten (10) days after receiving notice under Paragraph #3b from an employee or otherwise receiving actual notice of such conviction.
5. Taking one of the following actions within thirty (30) days of receiving notice under Paragraph #3b with respect to any employee who is so convicted:
6. Taking appropriate personnel action against such an employee, up to and including termination; or
7. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.
Approved: July 11, 2001
Reviewed:
LEGAL REF: PL 100-440; Drug-Free Workplace Act of 1988
(PL 100-690)
5357 Family and Medical Leave[23] 5357
It is the policy of the Flint Community Schools to grant up to 12 weeks of family and medical leave during any twelve-month period to eligible employees, in accordance with the Family and Medical Leave Act of 1993 (FMLA). The leave may be unpaid, or a combination of paid and unpaid, depending on the circumstances, the provisions of appropriate master contracts, and as specified in this policy.
Approved: July 11, 2001
Reviewed:
LEGAL REF: Family and Medical Leave Act of 1993 (PL 103-3)
5357-R Family and Medical Leave 5357-R
I. Eligibility
1. An employee must have worked for the Flint Community Schools (hereafter referred to as the “Employer”) for at least 12 months, or 52 weeks.
2. An employee must have worked for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave. Full-time teachers are deemed to meet the 1,250-hour requirement.
II. Reasons for
Family/Medical Leave
1. For the birth of a son or daughter, and
to care for the newborn child. The
leave must conclude within 12 months of the birth and be taken all at one time.
2. For placement with the employee of a son
or daughter for adoption or foster care.
The leave must conclude within 12 months of the adoption or placement
and be taken all at one time.
3. To care for the employee’s spouse, son,
daughter, or parent/guardian with a serious health condition. A serious health condition must involve a
period of incapacity or treatment concerned with inpatient care in a hospital,
hospice, or residential care facility; a period of incapacity requiring absence
from work or school of more than three (3) days and involving continuing
treatment by a health care provider; or continuing treatment by a health care
provider for a chronic or long-term health condition that is incurable or so serious that, if not
treated, would likely result in a period of incapacity or more than three days.
4. Because of an employee’s own serious health condition that makes the employee unable to perform the functions of his or her job.
III. Advance Notice and Medical Certification
1. Employees requesting Family/Medical leaves of absence must provide 30 days advance notice to Human Resources for Learning when the need for leave is foreseeable, based on events such as an expected birth or planned medical treatment. If the need for leave is not foreseeable, based on events such as a change in
5357-R Family and Medical Leave 5357-R-2
circumstances or a medical emergency, notice must be given as soon as practicable. “Request for Leave of Absence” forms are available in the Office of Human Resources for Learning.
2. When Family/Medical leave is requested to care for a spouse, child, or parent/guardian with a serious health condition, the employee must provide a completed copy of the “Physician’s Certification of Illness or Disability/Family and Medical Leave Act of 1993” to the Office of Human Resources for Learning.
When Family/Medical leave is requested for an employee’s own disability due to childbirth or a serious health condition, a completed “Doctor’s Verification of Illness or Disability Form” must be provided to Human Resources for Learning.
In any case which there is reason to doubt the validity of the certification; the Employer may require, at its expense, the opinion of a second health care provider. If the second opinion differs from the first, then the Employer may, at its expense, request a third opinion, which shall be binding on both parties.
When Family/Medical leave is requested for care of a newborn, adoption, or placement of a foster child, copies of appropriate documentation must be provided to the Office of Human Resources for Learning upon request.
IV. Twelve-Week Period
1. An eligible employee may take up to 12 weeks of leave under this policy during any 12-month period. The Employer will measure the 12-month period as a rolling 12-month period measured backward from the date an employee uses any leave under this policy (except that the Employer will not measure back before August 5, 1993, in the case of employees not covered by a collective bargaining agreement, or before February 5, 1994, in the case of employees covered by a collective bargaining agreement).
5357-R Family and Medical Leave 5357-R-3
2. Spouses employed by Flint Community Schools are jointly entitled to a combined total of twelve (12) weeks of Family/Medical leave with a serious birth or placement of a child or to care for a parent/guardian with a serious health condition. To care for a spouse or child with a serious health condition, each employed spouse is entitled to a separate 12-week limit.
3. Family/Medical leave may be taken intermittently or on a reduced leave schedule when medically necessary.
4. When planning medical treatment, the employee should consult with his/her
shall make a reasonable effort to schedule the leave so as not to disrupt unduly the operation of the District.
V. Use
of Paid and Unpaid Leave
1. If an employee takes paid sick leave and/or accrued vacation days (as provided by the appropriate master contract) for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy, the Employer may designate the portion of paid leave taken as Family/Medical leave under this policy, to the extent that the earlier leave meets the necessary qualifications.
2. An employee taking leave for the birth of a child must use earned paid sick leave and/or accrued vacation days (as provided by the appropriate master contract) for physical recovery following childbirth. The employee will then be eligible for unpaid leave for the remainder of the 12 weeks.
VI. Return to Work
1. Prior to returning to work, if leave is taken because of an employee’s own serious health condition, written certification from the health care provider must be submitted to the Office of Human Resources for Learning verifying the employee’s ability to perform the functions of his or her job.
5357-R Family and Medical Leave 5357-R-4
2. An employee who takes Family/Medical leave is not entitled to employment benefits other than health benefits during the period of the leave. The employee will be entitled to the same job or an equivalent position with equivalent pay and benefits upon return to work.
3. Any period of Family/Medical leave will be treated as continued service, but an employee will not accrue seniority during the period of leave unless accrual of seniority is provided by the appropriate master contract.
VII.
Continuation of Health Benefits
1. While an employee is on Family/Medical leave, the Employer will continue the employee’s health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work.
2. If the employee chooses not to return to work for reasons other than a continued serious health condition or other circumstances beyond his or her control, the employee will be required to reimburse the Employer for the cost of the employee’s health insurance premium(s) during the leave period.
VII.
Special Rules for Employees
1. Certain special rules apply to employees of “local educational agencies.” The special rules affect the taking of intermittent leave or leave on a reduced leave schedule, or leave near the end of an academic semester by instructional employees.
2. Copies of the aforementioned rules, found in Sections 825.600-604 of the Family and Medical Leave Act of 1993, may be obtained from the Office of Human Resources for LearningStaff Personnel Services.
VIII.
Requesting a Family/Medical Leave
1. Leave of absence forms and the appropriate medical verification forms are available in the Office of Human Resources for Learning. These forms must be completed with appropriate signatures in accord with timelines detailed in Section III of this policy.
5357-R Family and Medical Leave 5357-R-5
2. Questions and requests for additional information regarding Family/Medical Leave should be referred to the Office of Human Resources for Learning
5358 Bus Driver Alcohol and Drug Testing[24] 5358
In conjunction with Flint Community Schools’ Drug-Free Workplace policy and in compliance with the Omnibus Transportation Employee Testing Act of 1991, the Flint Community Schools will conduct an alcohol and controlled substances testing program to help prevent accidents and injuries resulting from the misuse of alcohol and use of controlled substances by school bus drivers and certain other employees required to hold a commercial driver’s license (CDL). Said employees who are required to be tested for alcohol and controlled substances under the Omnibus Act will hereafter be referred to in this policy as “drivers.”
Testing of drivers for alcohol and/or other controlled substances will be conducted in accordance with procedures specified by the U.S. Department of Transportation, and will occur, as required, under the following conditions:
1. Prior
to the first time an employee or prospective employee performs the duties of a
driver;
2. As
soon as practicable following certain commercial motor vehicle accidents;
3. Randomly
among all drivers;
4. When
reasonable suspicion exists that a driver has violated prohibitions concerning
use of alcohol or controlled substances;
5. Before
a driver returns to duty following rehabilitation for misuse of alcohol or use
of controlled substances; and
5358 Bus Driver Alcohol and Drug Testing 5358-2
6. At
unannounced intervals for drivers having returned to duty following
rehabilitation for misuse of alcohol or use of controlled substances, as
directed by a substance abuse counselor or therapist.
The Flint Community
Schools will maintain records of its alcohol misuse and controlled substances
use prevention program in a secure location with controlled access. Reports will be completed when requested by
the Federal Highway Administration.
Appropriate
administrative guidelines and procedures are being published as a part of the
implementation of this policy.
Approved: July 11, 2001
Reviewed:
LEGAL REF: Omnibus Transportation Employee Testing Act of 1991, PL 102-143, Title VI, 105 Stat. 917-952.
5358-R Bus Driver
Alcohol and Drug Testing 5358-R
ADMINISTRATIVE PROCEDURES
FOR TESTING DRIVERS FOR ALCOHOL AND CONTROLLED SUBSTANCES
I. Pre-Employment Testing
A. Applicants for driving positions will be tested for use of controlled substances prior to placement in said positions.
B. An applicant for a driving position who tests
positive for controlled substances will not be employed by Flint Community
Schools.
II.
Employee Transfer to a Driving Position
A. An employee applying for transfer to a driving position will be tested for use of controlled substances prior to placement in said position.
B. An employee applying for transfer to a driving position who tests positive for controlled substances will be advised by the employer of the resources available to the employee for evaluating and resolving problems associated with the use of controlled substances. Said employee will not be transferred to a driving position, except as provided in Paragraph C below.
C. An employee who has tested positive for controlled substances may re-apply for transfer to a driving position only after providing written documentation of successful completion of a substance abuse rehabilitation program. Re-application for transfer to a driving position may not occur less than twelve (12) months from the date of the positive test result.
III. Post-Accident Testing
A. In the event of an accident involving a commercial motor vehicle, the driver will be tested for alcohol and controlled substances in the following instances:
1. If the accident involves the loss of human life;
2. If the driver receives a citation for a moving traffic violation arising from the accident; or
5358-R Bus Driver Alcohol and Drug Testing 5358-R-2
3. When reasonable suspicion exists that the
driver has violated prohibitions concerning use of alcohol or controlled
substance.
B. Whenever possible, testing for alcohol and controlled substances shall be performed within 2 hours of an accident. Alcohol tests will not be administered more than 8 hours following an accident, and controlled substances tests will not be administered more than 32 hours following an accident. Records will be kept regarding all post-accident testing as specified in Section 382.303 of the Omnibus Act.
C. A driver subject to post-accident testing who leaves the scene of an accident before a test is administered or fails to remain readily available for testing will be deemed to have refused to submit to testing. Such refusal will be treated as if the driver had a verified positive controlled substances test result or had an alcohol test result of 0.04 or greater.
IV. Random Testing
A. Random testing will be conducted at various intervals throughout the year as follows:
1. The number of drivers to be selected for a single round of testing will be determined so that by the end of the year, the total number of drivers tested will meet Federal Highway Administration requirements.
2. Drivers who must be tested will be chosen by a computer-generated random number program from the list of all employees subject to testing. Every driver will have an equal chance of being chosen for testing during each round of testing.
3. Drivers selected for random testing must proceed to the testing site immediately. Testing for alcohol will be limited to the time period surrounding the performance of safety-related functions. Testing for controlled substances, however, may be performed at any time while the driver is at work.
B A driver selected for random testing who refuses to be tested will be treated as if the driver had a verified positive controlled substances test result or had an alcohol test result of 0.04 or greater.
5358-R Bus Driver Alcohol and Drug Testing 5358-R-3
V. Reasonable Suspicion
Testing
A. A supervisor shall require a driver to submit to an alcohol and/or controlled substances test when the supervisor has reasonable suspicion to believe the driver has violated prohibitions concerning alcohol and controlled substances. A determination that reasonable suspicion exists to require the driver to undergo testing will be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver.
B. A driver directed to undergo reasonable suspicion testing must proceed to the testing site immediately. A driver who refuses to be tested will be treated as if the driver had a verified positive controlled substances test result or had an alcohol test result of 0.04 or greater.
VI. Training
A. A copy of this policy and any related educational materials will be distributed to each driver prior to the start of alcohol and controlled substances testing, and to employees subsequently hired or transferred into driving positions.
B. Written notice will be provided to union representatives of the availability of the aforementioned information.
C. Supervisors who are designated to determine whether reasonable suspicion exists to require a driver to undergo testing will receive training as specified in Section 382.603 of the Omnibus Act. Said training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances.
VII. Violation of Prohibitions Concerning Misuse of
Alcohol and/or Use of Controlled
Substances.
A. A driver who tests positive for misuse of alcohol and/or use of controlled substances will be placed on a special driver discipline track as outlined herein. Such discipline, including discharge, is not subject to the master contract grievance procedure.
5358-R Bus Driver Alcohol and Drug Testing 5358-R-4
B. A driver tested for alcohol misuse that is found to have an alcohol concentration of 0.02 or greater but less than 0.04 will not be allowed to work for a minimum of 24 hours following administration of the test. Any missed work time will be without pay.
C. A driver subject to paragraph B above will receive discipline as follows, provided the driver is not subject to the discipline set forth in paragraph VII-D of this procedure for an alcohol concentration of 0.04 or greater or a verified positive result for controlled substances.
First offense: Written reprimand;
Second offense: Written reprimand, one work-day suspension (concurrent with 24-hour prohibition, where feasible);
Third offense: Written reprimand, 40-hour suspension (concurrent with 24-hour prohibition, where feasible)
Fourth offense: Discharge.
D. A driver tested for alcohol misuse who is found to have an alcohol concentration of 0.04 or greater, or a driver with a verified positive test result for controlled substances, will be subject to the following procedure:
1. The driver will be advised by the employer of the resources available to the driver for the evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances.
2. The driver will be evaluated by a substance abuse professional that shall determine what assistance, if any, the driver needs in resolving his/her substance abuse problems.
3. a. If the drive is subject to any previous driver discipline under this administrative procedure, the driver will be discharged.
5358-R Bus Driver Alcohol and Drug Testing 5358-R-5
b. If the driver is not subject to any previous driver discipline under this administrative procedure, the driver will be placed on a twelve (12) month
disciplinary suspension without pay. The twelve (12) month disciplinary suspension shall remain in effect for five years following the employee’s return to work from the suspension.
1) Only medical insurance premiums will continue to be paid by the Employer, and only for the first six months of the suspension.
2) Ongoing written verification of the employee’s compliance with the terms of his/her treatment program will be provided to the Employer during the period of the suspension. If successful compliance with the terms of the treatment program has been maintained and verified (including an acceptable return-to-duty test result), the driver will be returned to his/her position at the conclusion of the twelve-month suspension period.
3) If successful compliance with the terms of the treatment program has not been maintained or verified, the driver will be discharged immediately upon discovery of non-compliance.
4. A driver returning to work under paragraph VII-D-3-b of this procedure will be subject to unannounced follow-up alcohol and controlled substances tests, as directed by substance abuse professionals and in compliance with Section 382.605 of the Omnibus Act. Follow-up testing shall not occur more than 60 months from the date of the driver’s return to work.
5. The Employer reserves the right to depart from this driver discipline procedure and more severely discipline including discharge, a driver for violation of prohibitions concerning the misuse of alcohol and/or use of controlled substances when circumstances so warrant. When this occurs, the discipline greater than provided within this procedure may be challenged through the master contract grievance procedure.
5360 Temporary Illness and Temporary
Incapacity 5360
Temporary illness or temporary
incapacity is an illness or other incapacity that renders an employee
physically or mentally unable to perform assigned duties. During such a period, the employee can use
accumulated sick leave benefits.
However, income received from other sources (worker’s compensation,
District-paid insurance programs, etc.) will be deducted from the District’s
compensation liability to the employee.
The District’s intent is that in no case will the employee who is
temporarily disabled receive more than 100 percent of gross salary.
Those insurance plans privately purchased by the employee and to which the District does not contribute, are not applicable to this policy.
Professional and technical
employees follow the Flint Congress of School Administrators’ master agreement
relative to extended illness leave.
Approved: July
11, 2001
Reviewed:
LEGAL REF: Americans With Disabilities Act, 42 U.S.C. § 12102; MCL 38.101 et seq.
5380 Control of Bloodborne Pathogens 5380
The
District seeks to protect those staff members who may be exposed to Bloodborne
pathogens and other potentially infectious materials in their performance of
assigned duties.
The
Superintendent shall implement administrative guidelines that will:
A. Identify
those categories of employees whose duties create a reasonable anticipation of
exposure to blood and other infectious materials;
B. Provide
for inoculation of the hepatitis B vaccine at no cost to the staff member and
in accordance with federally mandated scheduling;
C. Ensure
proper training at the universal precautions against exposure and/or
contamination including the provision of appropriate supplies and equipment;
D. Establish
appropriate procedures for the reporting, evaluation, and follow-up to any and
all incidents of exposure;
E. Provide
for record-keeping of all of the above which complies with both federal and
state laws;
F. Develop
an exposure control plan which complies with the current OSHA regulations.[25]
Approved: July
11, 2001
Reviewed:
5410 Professional Staff Contracts 5410
The
employment of teachers shall be secured through written contracts according to
their status as a probationary or tenured teacher.[26]
The
Superintendent is authorized to sign teacher contracts on behalf of the
District.[27] All provisions of individual contracts shall
be in compliance with the negotiated master agreement.
Approved: July
11, 2001
Reviewed:
LEGAL
REF: MCL 380.471; 380.1224; 380.1231
5500 Teaching Staff Probation and Tenure 5500
All teachers
during the first four full school years of employment shall be on probation,[28]
unless he or she has previously received tenure at another school district, in
which case the teacher shall be on probation for two years.[29]
During this
probationary period, the District will ensure that the teacher is provided with
an individualized development plan and given an annual year-end performance
evaluation, as provided for under current law.[30] Additional performance evaluations or
classroom observations, in addition to those required under the Teachers’
Tenure Act, may be required as noted in the Master
Teacher Contract.
Tenure
Teachers
shall be placed on continuing tenure after the satisfactory completion of their
probationary period. Once tenure has
been attained, the teacher shall remain on continuing tenure as provided for
under current law.[31]
The District
may discharge or demote a continuing tenure teacher only for reasonable and
just cause and only as provided for under current law.[32]
Continuing
tenure will not be granted to any annual assignment of extra duty for extra
pay.[33]
Administrative
Tenure
Administrators
or teachers employed in assignments other than that of classroom teacher, shall
be employed without continuing tenure in their other position, but will retain
continuing tenure status in their teaching position.[34] In these areas, contracts or
5500 Teaching Staff Probation and Tenure 5500-2
supplements
to tenure contracts shall specifically state that the individual signing the
contract shall not be accorded tenure.
Administration
of Tenure
Provisions
for evaluation of administrators and teachers is a priority of the Board. The Superintendent is responsible for
developing procedures in agreement with the current negotiated agreement for
meeting these priorities.
Approved: July 11, 2001
Reviewed:
LEGAL
REF: MCL 38.71 et seq.
5520 Evaluation 5520
Any evaluation procedures found in the negotiated agreement shall be followed in the development, maintenance, or change of the District’s evaluation policy, rules, regulations, or procedures.
The evaluation instrument negotiated and adopted by the Board governing evaluation of the teaching staff is on file in the central office and shall be published in the teachers’ handbooks.
Availability of Evaluation Documents
District policy provides that the evaluation instrument shall be available to the Superintendent, evaluating administrator, or supervisor under whose direct supervision the teacher will work and others as required under law.[35]
Approved: July 11, 2001
Reviewed:
LEGAL
REF: MCL 38.71 et seq.; 15.268
5540 Suspension and/or Dismissal of
Professional Staff 5540
The District
may discipline, dismiss, or demote any probationary teacher, or discipline or
recommend for dismissal, any tenured teacher upon recommendation by the
Superintendent in accordance with the Michigan Tenure Act[36]
and/or within the provisions of the current negotiated master contract.
The Superintendent
or building principal shall make written recommendations to the Board
concerning an employee on tenure or probation who is
being considered for dismissal.
The
Superintendent may suspend from active duty a teacher against whom formal
charges are anticipated being filed or have already been filed, until a
decision is rendered or until the Board acts to reinstate said teacher.[37]
Approved: July
11, 2001
Reviewed:
LEGAL
REF: MCL 38.71-121
5560 Resignation of Professional Staff 5560
The
Superintendent or his/her designee may
accept the resignation and/or retirement of an employee on behalf of, and
without further action by, the Board.
Teachers may
resign by giving written notice to the Superintendent at least 60 days prior to
September 1 of the ensuing school year, unless other arrangements are mutually
agreed upon.
In instances
where an employee wishes to leave on shorter notice, the District may permit an
earlier release on condition that satisfactory arrangements can be made for
replacement. The District reserves unto
itself the right to make the final decision on such requests.
Once a
resignation is tendered to the Board through its Superintendent, and has been
accepted by the Superintendent, that resignation shall be considered final
unless the Board approves its withdrawal.
Any teacher
discontinuing his/her service in any other manner shall forfeit rights to
continuing tenure previously acquired, and such action shall become part of the
personnel record of said teacher.[38]
Approved: July
11, 2001
Reviewed:
LEGAL
REF: MCL 38.71-121
5640 Non-School Employment (Cf. 5230) 5640
Certified
employees shall not be permitted to engage in outside employment which, by its
nature or duration, will impair the effectiveness of their instructional
service, adversely affect their professional status, affect detrimentally on
the District, raise a question of conflict of interest or require or imply the
use of any District facilities or equipment.
No employee
shall act as a representative of the Flint Community Schools in any work for
which there is no payment or contract for payment by the Flint Community
Schools, unless specifically assigned by the Board and/or the Superintendent.
Approved: July 11, 2001
Reviewed:
5650 Tutoring for Pay (Cf. 5230) 5650
As used in this policy, the term “tutoring” shall mean and include the giving, for extra pay or other remuneration, of private or group music lessons or other instruction of any kind which is related to school activities. The term shall not, however, apply to extra help given to students, without extra pay or other remuneration, in the discharge of regular teaching responsibilities and assignments.
No professional staff member shall receive pay or other remuneration for tutoring students during regular duty hours as specified in the master contract.
In general, teachers for tutoring purposes, unless circumstances dictate that the building Principal recommends such use, shall not use school facilities. Guidelines shall be established for such recommendations.
Teachers assuming tutoring responsibilities shall always be aware of ethical relationships with other staff members and shall refrain from criticizing other teachers or implying that a student’s teacher has been negligent or ineffective in the performance of teaching duties.
Teachers shall not actively solicit pupils for tutoring. From an ethical standpoint, teachers are discouraged from tutoring students for whom they exercise teacher responsibility as a part of their regular teaching assignment.
Exceptions to this policy may be made by the building principal when there is no other reasonable or feasible manner of serving the educational needs of the student or when the student or his/her parent(s)/guardian(s) would be greatly inconvenienced by making other arrangements.
Approved: July 11, 2001
Reviewed:
5685 Arrangement for Guest
Teachers 5685
Guest teachers shall be obtained to provide
for a level of instruction commensurate with the regular teacher’s performance
as nearly as practicable.
The
Superintendent and principals shall compile a list of all guest teachers
available to the District, and each building principal shall have a copy of
said list before the beginning of the school year.
The
Office of Human Resources for Learning
shall secure guest teachers for use in
the schools of the District on an “as needed” basis. Each attendance center shall maintain a
record on each substitute that indicates the number of times he/she has subbed
in the District.
The District
shall annually establish a daily and a long-term compensation rate for guest teachers as provided
in the master agreement. [39]
Approved: July 11, 2001
Reviewed:
LEGAL
REF: MCL 380.1236; 421.42; 421.50; AG
Opinion #6360
5690 Professional Staff Assignments and
Transfers 5690
Assignment, reassignment, and
transfer of personnel will be based on the need to effectively staff the Flint
Community Schools. Such assignment will
reflect the qualifications of personnel, the financial resources available,
existing vacancies, and applicable provisions of master agreement. Insofar as
feasible, employee preference will be considered in the assignment, and
transfer of staff members.
Approved: July
11, 2001
Reviewed:
5700 Non-Certified Employees 5700
The primary role of non-certified
personnel is to support and enhance the efforts of instructional personnel.
All personnel policies and
regulations, including the specifics of employee agreements pertaining to
non-certified personnel, must be written in harmony with the above primary
role.
The Office
of Human Resources for Learning shall
classify all employees not requiring certification according to the provisions
of the job assignment.
Appointment
The Office
of Human Resources for Learning is
authorized to determine the selection and appointment of all non-certified
employees, the conditions of continued employment, dismissal and/or duration,
promotion and transfer of all classified employees as set forth in the master
agreement, if applicable.
Approved: July
11, 2001
Reviewed:
5710 Compensation Guides and Contracts 5710
Non-certified
employees who are members of a recognized bargaining unit shall be paid
according to pay rates established by the negotiated master contract.
At-Will
Employees
Unless an
employee is covered by a collective bargaining agreement or a written
employment contract providing to the contrary, the employee’s employment with
the District shall be employment at will.
This means an employee does not have a contractual obligation to the
District, and the Board and District do not have a contractual obligation to
the employee.[40] Any oral or written statement by a Board
member, District administrator, or supervisor contrary to this policy shall be
invalid and not binding on the District.
The District
shall establish salary and wages for non-certified at-will personnel. Increments are dependent on evidence of
continuing satisfactory performance.
Approved: July 11, 2001
Reviewed:
5780 Non-Certified Staff Probation 5780
Each new
employee is subject to a probationary period in compliance with the current
applicable master contract, or with a designated period specified in writing at
the time of employment. Unless indicated
otherwise, the probationary period will be one year.
Throughout
the probationary period, and at the end of it, the employee’s performance will
be evaluated and reviewed by his/her supervisor(s). If the probationer’s performance is found to
be satisfactory, he/she will be placed on regular employment. If his/her performance is found to be
unsatisfactory, the employee may be terminated or transferred to another
position for which he/she seems suited.
Matters of
classification, reclassification, transfer, reassignment, demotion, and
seniority are governed by the applicable master contact or salary schedule.
Approved: July 11, 2001
Reviewed:
5800 Evaluation of Non-Certified Staff 5800
Evaluation
shall be based on the achievement of results specified in the employee’s
position description and on specific goals and objectives.
Employees
shall be evaluated at least twice during the probationary period, with a report
submitted to the Office of Human Resources for
Learning at least two weeks prior
to the end of the probationary period with a recommendation as to continued
employment.
Non-certified
employees shall be evaluated at least annually after serving the probationary
period regardless of whether the employee is new to the District or serving in
a new position within the District.
The process of evaluation shall be developed cooperatively
by the administrative staff and each of the support staff employee groups and
shall comply in all respects with provisions in the negotiated master contracts
applicable to recognized bargaining units.[41]
Approved: July 11, 2001
Reviewed:
LEGAL
REF: MCL 15.268
5830 Suspension and Dismissal of Non-Certified
Staff 5830
The
Superintendent is authorized to suspend, discipline or dismiss non-certified
staff. The Superintendent shall adhere
to any relevant provisions contained in the negotiated master contract with the
employee’s collective bargaining unit.
At-Will Employees
Non-certified
employees who are not part of a recognized bargaining unit may be terminated at
any time. A written notice stating the
reason(s) for the termination will be given to the employee.
Approved: July 11, 2001
Reviewed:
5850 Resignation of Non-Certified Staff (Cf. 5560) 5850
Any
non-certified staff member desiring to resign from his/her position with the
District shall submit a written resignation to the District at least ten
working days prior to the effective date of the resignation. Except when the best interests of the
District require otherwise, resigning employees should be permitted to work to
their effective resignation date.
The Office of Human Resources for Learning is authorized to accept resignations of support staff
personnel on behalf of the Board and they become final upon his/her
acceptance. A resignation notice cannot
be revoked once accepted or otherwise acted upon (such as, a new employee was
hired).
The Executive Director of Labor Relations/Human Resources shall present all resignations to the Board for
information.
Approved:
July 11, 2001
Reviewed:
[1] The board must comply with several
federal statutes, including: The Civil
Rights Act of 1964, specifically Title VII codified at 42 USC 2000e. Title VII prohibits discrimination in
employment based on race, color, religion, sex, or national origin. In addition, Title VI, codified at 42 USC
2000d, prohibits discrimination in all federally funded programs and
activities. More federal statutes in this
area include: Equal Employment
Opportunity Act, codified at 42 USC 1981; Education Amendments of 1972, Title
IX, codified at 20 USC 1681 et. seq.;
Rehabilitation Act of 1973, Section 504, codified at 29 USC 794; The Americans with Disabilities Act, Title I
is codified at 42 USC 12111-12117, Title II is codified at 42 USC 12131-12165,
and Title III is codified at 42 USC 12181-12189.
[2] “Disability,” as used in this policy, excludes
persons:
·
currently
using illegal drugs;
·
having
a contagious disease or infection and who, by reason of such disease or
infection, would constitute a direct threat to the health or safety of other
individuals or who, by reason of the currently contagious disease or infection,
are unable to perform the duties of the job;
·
whose
current alcohol or drug use prevents them from performing the job’s duties or
constitutes a direct threat to the property or safety of others.
Persons who have successfully
completed or are participating in a drug rehabilitation program are considered “disabled”
[3] MCL 37.2402 (a) (“An educational
institution shall not do any of the following:
(a) Discriminate against an individual in the full utilization of or
benefit from the institution, or the services, activities, or programs provided
by the institution because of religion, race, color, national origin, or sex.”)
[4] 42 USC 12131-12165 (Title II of the
Americans with Disabilities Act)
[5] All school districts are required under
Michigan law to adopt and implement a written sexual harassment policy that
prohibits, at a minimum, sexual harassment by school district employees, board
members, and pupils directed toward other employees or pupils. MCL 380.1300a
[6] An employer is subject to vicarious
liability to a victimized employee for an actionable hostile environment
created by a supervisor with immediate (or successfully higher) authority over
the employee. When no tangible
employment action is taken, a defending employer may raise an affirmative
defense to liability or damages, subject to proof by a preponderance of the
evidence.
The defense comprises two necessary
elements: (a) that the employer exercised reasonable care to prevent and
correct promptly any sexually harassing behavior and (b) that the plaintiff
employee unreasonably failed to take advantage of preventive or corrective
opportunities provided by the employer or to avoid harm otherwise. Burlington
Industries, Inc. v Ellerth, 118 S Ct 2257 (1998); Faragher v City of Boca
Raton, 118 S Ct 2275 (1998).
[7] MCL 380.1300a requires districts to specify
penalties for violating the district’s sexual harassment policy.
[8] MCL 37.2101 et seq. ; Civil Rights Act of 1964; 42 USC 2000a et seq.; Equal Employment Opportunity Act of 1972,
Title VII.
[9] 42 USC 12111 et. seq.
[10] MCL 380.1230 (1); MCL 380. 1230a
[11] MCL 380.1230 (2) (a) (b)
[12] MCL 380. 1230
[13] MCL 380. 1230b (“Before hiring an
applicant for employment, a school district, local act school district, public
school academy, intermediate school district, or nonpublic school shall request
the applicant for employment to sign a statement that does both of the
following: (a) Authorizes the
applicant’s current or former employer or employers to disclose to the school
district, local act school district, public school academy, intermediate school
district, or nonpublic school any unprofessional conduct by the applicant and
to make available to the school district, local act school district, public
school academy, intermediate school district, or nonpublic school copies of all
documents in the employee’s personnel record maintained by the current or
former employer relating to that unprofessional conduct. (b) Releases the current or former employer,
and employees acting on behalf of the current or former employer, from any
liability for providing information described in subdivision (a). . .”)
[14] The policy can be amended to provide for a district advisory committee, appointed by the superintendent, to plan district-sponsored activities. The committee may include school board members and administrative and instructional staff representatives. The superintendent may present to the board an advisory committee report along with recommendations and rationale for upcoming district-sponsored development activities.
[15] Provisions for leaves of absences are subject to the current negotiated agreement.
[16] MCL 380. 1312 (1) (2) (4) (“As used in
this section, ‘corporal punishment’ means the deliberate infliction of physical
pain by hitting, paddling, spanking, slapping, or any other physical force used
as a means of discipline.”) (2) (“Corporal punishment does not include physical
pain caused by reasonable physical activities associated with athletic
training.”) (4) (“A person employed by
or engaged as a volunteer or contractor by a local or intermediate school board
or public school academy may use reasonable physical force upon a pupil as
necessary to maintain order and control in a school or school – related setting
for the purpose of providing an environment conducive to safety and learning. In maintaining that order and control, the
person may use physical force upon a pupil as may be necessary:
(a) To restrain or remove a pupil whose
behavior is interfering with the orderly exercise and performance of school
district or public school academy functions within a school or at a school –
related activity, if that pupil has refused to comply with a request to refrain
from further disruptive acts.
(b) For self-defense or the defense of
another.
(c) To prevent a pupil from inflicting harm
on himself or herself.
(d) To quell a disturbance that threatens
physical injury to any person.
(e) To obtain possession of a weapon or other
dangerous object upon or within the control of a pupil.
(f) To protect property.
[17] MCL 380. 1535a (2) (b)
[18] Under MCL 423.501, a personnel record is defined as a record kept by the employer that identifies the employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.
A personnel record shall include a record in possession of a person, corporation, partnership, or other association who has a contractual agreement with the employer to keep or supply a personnel record as required under law.
[19] MCL 423.503. (“An employee, upon written request which describes the personnel record, shall provide the employee with an opportunity to periodically review at reasonable intervals, generally not more than 2 times in a calendar year or as other wise provided by law or a collective bargaining agreement, the employee’s personnel record if the employer has a personnel record for that employee.”).
[20] 29 USC 651 et. seq.
[21] MCL 408.1001-408.1094
[22] The federal regulatory agency administering the Occupational Safety and Health Act (OSHA) issued Bloodborne Pathogens Standards (29 CFR 1910.1030). The standards were developed to reduce the risk of occupational exposure to bloodborne pathogens.
[23] Family and Medical Leave Act of 1993
(FMLA), Public Law 103-3, 107 Stat. 6; 29 USC 2601 et seq., 5 USC 6381 et seq.
[24] The federal Omnibus Transportation Testing Act of 1991 requires that all persons subject to commercial driver’s license requirements be tested for alcohol, marijuana, cocaine, amphetamines, opiates (including heroin), and phencyclidine (PCP). Drug testing by government entities constitutes a search of an individual, thereby invoking State and federal constitutional law. In determining whether post-employment testing of a school bus driver is permissible, a court will balance the privacy interests of the employee against the district’s interest. International Brotherhood of Teamsters v Department of Transportation, 932 F.2d 1292 (9th Cir. 1991). The effects of the implementation of the testing scheme may be subject to negotiation..
[25] The federal regulatory agency administering the Occupational Safety and Health Act (OSHA) issued Bloodborne Pathogens Standards (29 CFR 1910.1030). The standards were developed to reduce the risk of occupational exposure to bloodborne pathogens. According to the standards, “occupational exposure” means reasonably anticipated skin, eye, mucous membrane, or parental/guardian contact with blood or other potentially infectious materials that may result from the performance of an employee’s duties.” The standards require employers to institute a written Exposure Control Plan containing these elements:
1. Exposure determination. Positions that do not subject the employee to occupational exposure are exempt from the plan and the standards generally.
2. Implementation schedule, which specifies how and when risks can be reduced. The standards are very specific on risks reduction.
3. Procedures for evaluating an exposure incident.
[26] MCL 380.1231 (1) (“The board of a school
district shall hire and contract with qualified teachers. Contracts with teachers shall be in writing
and signed by a majority of the board in behalf of the district, or by the
president and secretary, or by the superintendent of schools or an authorized
representative of the board. The
contracts shall specify the wages agreed upon.”)
[27] MCL 380.1231 (1)
[28] MCL 38.81(1).
[29] MCL 38.92 (“If a teacher on continuing tenure is employed by another controlling board, the teacher is not subject to another probationary period of more than 2 years beginning with the date of employment, and may at the option of the controlling board be placed immediately on continuing tenure.”).
[30] MCL 38.83a. Failure of a school district to provide an individualized development plan and perform a year-end evaluation is conclusive evidence that the teacher’s performance for that school year was satisfactory (MCL 38.83a (2)).
[31] MCL 38.91(1).
[32] MCL 38.101.
[33] MCL 38.91(8).
[34] MCL 38.91(7)
[35] Bradley v Saranac Community Schools Board of Education (1997) 565 N.W. 2d 650. Exemption from Freedom of Information Act (FOIA) for medical, counseling or psychological evaluations which cannot be revealed if they would disclose individual’s identity did not apply to parent/guardians’ request for personnel records or public school teachers and principals, despite argument that performance evaluations contained in records were counseling evaluations, where definition of counseling did not include employment relationship, and exemption was meant to protect identities of parties which were already known.
[36] MCL 38.101 (“Discharge or demotion of a teacher on continuing tenure may be made only for reasonable and just cause only as provided in this act.” The board cannot, directly, discharge a teacher on continuing tenure, but can vote to recommend discharge to the Michigan Teacher Tenure Commission.)
[37] MCL 38.103.
[38] MCL 38.111 (“No teacher on continuing tenure shall discontinue his/her services with any controlling board except by mutual consent, without giving a written notice to said controlling board at least 60 days before September first of the ensuing school year. Any teacher discontinuing his/her services in any other manner than as provided in this section shall forfeit his/her rights to continuing tenure previously acquired under this act.”).
[39] MCL 380. 1236 (“If a teacher is employed
as a substitute teacher with an assignment to 1 specific teaching position,
then after 60 days of service in that assignment the teacher shall be granted
for the duration of that assignment leave time and other privileges granted to
regular teachers by the school district, including a salary not less than the
minimum salary on the current salary schedule for that district.”) 1986 Mich. Op. Atty. Gen. No. 6360 (If a
substitute teacher serves the last 30 days of a school year and the first 30
days of the next school year in the same teaching position that substitute
teacher is entitled to the benefits provided in MCL 380. 1236.)
[40] Michigan law does not create a protected property interest in continued employment for non-certified employees. They are, therefore, employed at-will, meaning that an employee may be terminated at any time, without restriction. However, an employment contract, collective bargaining agreement, past practice, an employees’ handbook, personnel policy manual, or an oral promise may create a protected property interest in continued employment.
[41] State law does not address evaluation of educational support personnel. Optional provisions:
Evaluations should be completed before the annual salary review.
-and/or-
Supervisors should consider the employee’s work quality, promptness, attendance, reliability, conduct, judgment, and cooperativeness.