Board Directive This policy is adopted in conformance with the provisions of Nursing Mothers in the Workplace, Utah Code § 34-49-101 et seq and the Utah Antidiscrimination Act, Utah Code § 34A-5-101 et seq. The Board delegates to the District Administration the responsibility for developing and administering the policy for nursing mothers in the workplace and reasonable accommodations for pregnancy, childbirth, breastfeeding or related conditions.
With regard to a breastfeeding employee, the District shall provide, for at least one year after the birth of the employee’s child, reasonable breaks to accommodate the employee’s needs to breast feed or express milk. The District shall consult with the employee to determine the frequency and duration of the breaks. A break shall, to the extent possible, run concurrent with any other break period otherwise provided to the employee.
The District shall provide for a breastfeeding employee a room or other location in close proximity to the breastfeeding employee's work area. The room or location may not be a bathroom or toilet stall. The room or location shall be maintained in a clean and sanitary condition, provide privacy shielded from the view of and intrusion from coworkers or the public, be available for the reasonable breaks as determined in consultation with the District and have an electrical outlet.The District is not required to provide a room or other location if compliance would create an undue hardship on the operations of the District by causing the District significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the District's operations.
Refrigerator or Freezer
The District shall provide access to a clean and well-maintained refrigerator or freezer for the temporary storage of a breastfeeding employee's breast milk. For any District employees who do not work in an office building, the District may instead provide a non-electric insulated cooler for storage of the breast milk.
The District will provide a reasonable accommodation for an employee related to pregnancy, childbirth, breastfeeding or related conditions.
In considering a request for a reasonable accommodation, the District will require a certification from the employee’s health care provider concerning the medical advisability of a reasonable accommodation which must include:
the date the reasonable accommodation becomes medically advisable;
the probable duration of the reasonable accommodation; and
an explanatory statement as to the medical advisability of the reasonable accommodation.
The District is not required to permit an employee to have the employee’s child at the workplace for purposes of accommodations for pregnancy, childbirth, breastfeeding or related conditions.
Board Directive Jordan School District has a responsibility to maintain public trust and confidence by providing a safe environment for students, employees, volunteers and patrons. The District also has a responsibility to assure, so far as reasonably possible, that all employees are able to assume their duties and carry out the tasks for which they were hired. Consequently, since abuse of drugs and alcohol in the work place decreases employee safety and productivity, adherence to this Substance Abuse-Free Work Environment Policy is a condition of employment for all Jordan District employees. Adherence is vital for all employees. This policy is written to comply with all requirements found in state and federal law, including: 41 USC 81 et seq., the Federal Drug-Free Workplace Act of 1988;Utah Code §34-41-101et seq.; Utah Code §26-38 et seq.;Utah Code §53G-8-602 et seq.; Utah Code §58-37-8 et seq.;Utah Code §58-37a-5 et seq.; Utah Code §53-10-211 et seq.; Utah Administrative Code R477-14; Utah Administrative Code R392-510; and Utah State Office of Education, Pupil Transportation Drug and Alcohol Testing Policy.
The Board delegates to the Administration the responsibility for establishing policy that promotes a substance abuse-free work environment and developing procedures for dealing with policy violations. Compliance with this policy is mandatory consistent with federal and state law.
Administrative Policy The Administration is committed to establishing and maintaining a substance abuse-free work environment. Therefore, District employees and volunteers are prohibited from the following while on District property, while operating a District vehicle or while attending any school-sponsored activity or event:
Manufacturing, dispensing, possessing, distributing, consuming, using or being under the influence of or using any unlawful controlled substance, drug paraphernalia or alcohol.
Manufacturing, dispensing, distributing, consuming or using an electronic cigarette or tobacco in any form.
Safety Sensitive Positions: Positions which directly affect the safety of District employees and/or the general public during the course of performing job duties (i.e. District vehicle driving, etc.).
Random Testing: Testing of employees in safety sensitive positions as part of a District random drug testing program.
Reasonable suspicion: An articulated belief based on the recorded specific facts and reasonable inferences drawn from those facts that an employee is in violation of the drug-free workplace policy.
Rehabilitative Testing: Unannounced testing of preselected employees done as part of a program of counseling, education, and treatment of an employee in conjunction with the District’s Drug and Alcohol policy.
Medical Review Officer (MRO): A trained practitioner at the testing facility authorized to administer and interpret controlled substance and alcohol tests.
Drug testing: The scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of Utah Code §34-41-101 et seq.
Sample: Means urine or breath sample.
Electronic Cigarette: Any electronic oral device that provides a vapor of nicotine or other substance and which simulates smoking through its use or through inhalation of the vapor through the device; and includes an oral device that is composed of a heating element, battery, or electronic circuit and marketed, manufactured, distributed, or sold as an e-cigarette, vapor sticks, e-pipe, or any other product name or descriptor, if the function of the product meets the definition of an electronic oral device.
Procedures for Implementation
Training: All employees are expected to receive training regarding this policy during the Onboarding process and through the critical policy review process at the start of each school year.
Types of Testing: Testing may be administered under the following conditions:
Pre-employment testing for controlled substances for school bus drivers and employees in other safety sensitive positions.
Random testing for controlled substances and alcohol for employees in safety sensitive positions.
Reasonable suspicion testing for controlled substances and alcohol for all District employees. This may include, but is not limited to, any one or more of the following:
Observable symptoms of use or of being under the influence of alcohol or drugs.
Presence of drug or alcohol paraphernalia.
Any involvement (even indirectly) in an accident or near-miss that resulted or may have resulted in an employee injury or property damage or loss.
Reports of drug or alcohol possession, use and/or distribution.
Unexplained or suspicious absenteeism or tardiness.
Unexplained significant deterioration in employee performance or behavior.
Testing Required: Employees required to participate in testing will make themselves available for testing as soon as notified by their supervisor. Employees who refuse to submit for a test under this policy will be subject to employment discipline including termination.
The collection of samples shall be performed under reasonable and sanitary conditions and in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of the sample.
Reasonable measures will be taken to ensure the privacy of the individual being tested during sample collection.
Samples collected shall be labeled and sealed to reasonably preclude the probability of erroneous identification of test results.
The individual being tested shall have the opportunity to provide notification of any information relevant to the test, such as prescription and non-prescription medications used. The individual may also provide information in compliance with the Americans with Disabilities Act of 1990.
Sample collection, storage and transportation to the testing facility shall be performed in a manner that reasonably precludes the probability of sample misidentification, contamination, or adulteration.
Sample testing conforms to scientifically accepted analytical methods and procedures.
Results: The drug testing facility shall communicate all drug test results to Human Resources.
Positive results: The MRO will determine whether there is a legitimate medical explanation for the result. If no legitimate medical explanation exists, the MRO will inform Human Resources and the sample donor of the positive results. Human Resources will remove the employee from duty and inform the employee of the option to have a split urine sample tested at a shared expense as provided for by Utah Code §34-41-103 and Utah Code §34-41-104. Human Resources will then initiate disciplinary action. At any disciplinary hearing, in addition to considering the initial test results, the test results of the any split urine sample shall be considered.
Convictions or Arrests
Employees arrested or convicted for a substance abuse-related activity are required to report the arrest or conviction to the Administrator of Human Resources within forty-eight (48) hours or the next business day, whichever is greater, as outlined in District Policy DP374 – Employment Background Checks.
The District will follow established reporting guidelines when notifying the Utah State Office of Education.
In the event an employee tests positive for unlawful controlled substances; tests positive for alcohol; refuses to submit to a drug or alcohol test; attempts to taint, avoid, delay or circumvent the testing process; is arrested (charged or convicted) on a alcohol or drug-related offense; or violates this policy in some other way, the District will initiate appropriate administrative and criminal investigations, and a confirmed violation of this policy may result in discipline up to and including termination of employment.
An employee who feels he/she may have alcohol and/or drug dependency problem is encouraged to contact the District Employee Assistance Program (EAP). Employees are responsible to seek assistance for substance abuse problems before policy infractions occur and disciplinary action is necessary.
The District will provide an EAP at no cost designed to provide professional and confidential assistance to employees.
Employees are encouraged to seek short-term help from the Jordan Family Education Center at no cost.
The District will provide a reasonable accommodation to seek treatment for employees who voluntarily report dependency problems. Employees needing extensive help from a licensed treatment facility (in-patient or out-patient) will incur all associated treatment costs.
Once the substance abuse policy is violated, subsequent enrollment in a treatment program will not necessarily lessen disciplinary action and may have no bearing on the determination of appropriate disciplinary action.
Board Directive The Board of Education holds the expectation that all interactions between employees and students are professional and appropriate. Therefore, the Board directs the District Administration to develop a scope of employment policy regarding interactions between students and staff members which stem from school relationships. In addition, the Board directs the Administration to designate that certain activities pertaining to dangerous weapons are outside the scope of an employee’s employment.
Administrative Policy The scope of employment policy shall be administered according to the following administrative policy provisions and applies to all employees, contract employees, and volunteers.
Instruction, counseling, and administrative tasks and all other planned school contact with students shall be accomplished at the school during regular school hours.
If special circumstances make it necessary for a District employee to meet with one or more students outside the regular school day or at a location other than the school, prior written approval from the principal is required.
When a student requires staff assistance outside the regular school day because of an emergency or unanticipated occurrence, the employee shall notify the principal of the occurrence as soon as possible.
All transportation of students in personal vehicles by District employees shall be avoided, unless the students are members of the employee’s immediate family or a student must be transported by an employee due to an emergency situation where the health, safety or welfare of the student is at immediate risk. If such travel cannot be avoided and the transportation of a student is not life threatening, written permission must be obtained in advance from the parent and principal.
After-hour activities involving students are to be held at the school whenever possible. If another location is necessary, prior written approval from the school principal is required.
Employees shall not charge a fee for any tutoring services provided to students at the school within school hours. Employees may charge a fee for tutoring services outside of contract hours, only in accordance with District Policy AA444.
District employees have the responsibility to communicate with students and their parents or guardians in a professional manner. Text messages to students must be of a professional, not personal nature. All communication using social media must be in compliance with District policies, including Jordan School District Policy DP371 Employee Information Network Acceptable Use and the Social Media Guidelines. The message content, context and frequency will be used to determine if disciplinary action is taken by the District.
Unless otherwise provided for by law, possession, or use of a firearm, weapon, or other dangerous materials (as defined in section G, below) by any employee in a District building, in or on District property, in conjunction with any District activity, or while traveling in District funded or dispatched vehicles, is in violation of Jordan School District Policy, and will be subject to disciplinary sanctions which may include termination. Possessing, using, selling, or attempting to possess, use or sell any such dangerous materials on District property or in District vehicles is prohibited regardless of intent. Exceptions to this prohibition are for employees that use tools or materials that are required as part of their job function (as defined in section H, below) and for current holders of a lawfully issued concealed firearm permit (as set forth in section I, below) applying only to firearms, not to any other prohibited weapon or other dangerous materials.
Dangerous materials include, but are not necessarily limited to, the following: firearms (including antique firearms), weapons, knives, swords, explosive/incendiary devices, dangerous chemicals, noxious or flammable materials, martial arts weapons or other instruments including those which eject a projectile or substance of any kind, or any replica or facsimile of any of the above, whether functional or nonfunctional, whether designed for use as a weapon or when any object or substance is used as a weapon.
Authorized use or possession of dangerous materials and tools when used in connection with a District approved activity or job function must be in the possession or under the control or supervision of the person authorized and responsible for the activity (e.g.: cooking, consumer science, CTE, chemistry classes, custodial, maintenance and repair).
The law provides that a qualified person may receive a permit “to carry a concealed firearm for lawful self defense” UCA §§53-5-704(1),-705. A concealed dangerous weapon means “a dangerous weapon that is covered, hidden or secreted in a manner that the public would not be aware of its presence and is readily accessible for immediate use.” UCA §76-10-501(3)(a)(i). Therefore, any lawfully concealed firearm on District property or in District vehicles must remain concealed such that the public is not aware of its presence.
District property may not be used to hide, cover or secret a firearm. A lawfully concealed firearm must be within the employee’s immediate control at all times. Employees must recognize that students could gain access to a firearm that is not properly concealed, or controlled. Therefore, employees must use good judgment and strictly follow the law and this policy.
An employee of Jordan School District who obtains a concealed weapons permit does so in his or her own individual capacity. Any use of such weapons is outside the scope of employment, is contrary to the purposes of employment by the District and is done solely in the employee’s personal capacity, not as an employee of the District. Any and all liabilities, damages, demands, claims, actions or proceedings in law or equity, including attorney’s fees and costs to suit, relating to or arising out of an employee decision to carry, threaten use, or use a weapon will be the sole responsibility of that employee without recourse to, or liability protection from or through the District.
The Board recognizes the need for a District grievance process and delegates to the Administration the authority to implement a policy regarding grievance procedures for classified personnel.
It is the policy of the Administration to address grievances alleged by employees with the following administrative policy provisions:
Grievance – A complaint which:
Sets forth an allegation that there has been a violation of District policy, state law, or federal law.
Specifically identifies the Jordan School District policy or statute alleged to have been violated.
Provides a detailed statement of the alleged violation.
Grievant – Any classified or group of classified employees aggrieved by a decision or condition falling under District policy, or state or federal law.
Grievance Officer – The District employee or employees designated to review complaints regarding alleged violation of District policy, state law, and/or federal law and charged. with the responsibility of investigating, or overseeing the investigation of, complaints.
Immediate Supervisor – The employee’s principal or department director/administrator.
Any classified employee alleging a grievance is encouraged to resolve the problem, if possible, through an informal discussion with the immediate supervisor (Step I). This discussion is included in the twenty (20) working day window for filing a grievance.
In the event that the informal discussion does not resolve the problem, a classified employee (grievant) or his/her designated representative may prepare and file a completed grievance form with his/her immediate supervisor. The grievant or his/her representative shall furnish sufficient background information concerning the alleged violation, which identifies date(s), time(s), person(s), the actions that led to the grievance, and the District policy, or state or federal law that was violated.
A copy of the grievance will be immediately forwarded by the immediate supervisor to the District Grievance Officer, the appropriate District-level Administrator, the Administrator of Human Resources or his/her designee, and the President of the employee agent group.
The grievance must be filed within twenty (20) working days of the date the grievant knew, or should have known, of the circumstances which precipitated the grievance. Grievance forms are available in the District’s Human Resources Department or online at the District’s Human Resources website. A grievance will be denied, if the grievant, or his/her designated representative, does not file a grievance form that sets forth an allegation that there has been a violation of a District policy, or state or federal law and specifically identifies the policy or statute alleged to have been violated.
The immediate supervisor to the grievant, or his/her representative, shall respond in writing, within five (5) working days following receipt of the grievance. A copy of the response will be forwarded to the District Grievance Officer, the appropriate District-level Administrator, the Administrator of Human Resources or his/her designee, and to the President of the employee agent group.
If the immediate supervisor’s written response (decision) at Step II does not resolve the problem, the grievant or his/her designee shall forward the completed Classified Employee Grievance Form to the District Grievance Officer to initiate Step III.
The District grievance officer shall investigate the complaint with the parties concerned in the grievance within fifteen (15) working days of the grievance having been filed at Step III.
At the conclusion of the investigation, the grievance officer shall render a decision and issue a written report setting forth his/her findings and recommendations for the resolution of the grievance within five (5) working days.
The grievance shall be considered resolved if the grievant and the District accept the recommendations of the District grievance officer.
If no written report has been issued within the time limits set forth in “c” above, or if the grievant or District shall reject the recommendations of the District grievance officer, the grievant or the District shall have the right to appeal to the Board of Education for review of the grievance at Step IV.
A written request for Board of Education review of the grievance must be submitted to the Superintendent or his/her designee within ten (10) days of the date of the grievance officer’s report or the expiration of the time limits set forth in Step III.
The Board of Education shall review the grievance and the grievance officer’s report. (An additional hearing shall not be held.)
The Board of Education may affirm the grievance officer’s recommendations, amend the recommendations, or affirm the recommendations in part and amend in part.
The Board of Education’s written decision shall be issued within twenty-one (21) working days of receipt of the grievant’s written appeal by the Superintendent or his/her designee at Step IV.
If no written decision has been issued within the time limit set forth in B.4.d or if the grievant shall reject the decision of the Board of Education, the grievant shall be free to pursue such litigation or statutory remedy as the law may provide.
The employee will be informed that the time limits set forth in this policy may be modified or extended if mutually agreed upon by the employee, or his/her designated representative, and the District. If either party wishes to change the timeline set forth in this policy, the party will request the modification(s) from the other party and both parties will need to agree to the modification(s) before the modification(s) can be honored. The grievance officer will issue a letter of understanding to the parties outlining the agreed upon modified timeline.
No person shall suffer recrimination or discrimination because of participation in this grievance procedure.
Employees shall be free to testify regarding any grievance filed hereunder.
Confidentiality will be observed pending resolution of the grievance.
The grievant may be accompanied by a representative of his/her choice in all stages of these proceedings.
Records of all grievances will be maintained by the District grievance officer. The records will be kept in a separate and confidential file as required by District policy DP367—District Records Management. Information regarding grievances will be classified as private.