Board Directive The Board adopts this policy to set standards of conduct and expectations of honorable and ethical behavior it expects of all employees. As with the Utah Public Officers’ and Employees’ Ethics Act (67-16), it is intended to promote the public interest and strengthen the faith and confidence of residents in the integrity of government. The intent is to avoid situations where a) someone may be falsely accused of unethical behavior, and where b) someone may do something unethical. Employees must avoid the appearance of impropriety to ensure and maintain public confidence. The Board delegates to the Administration the responsibility to implement the policy provisions below.
All employees including the Board of Education, Officers of the Board, district-level administration, school administration, and all staff and faculty employed by the District and/or its schools are expected to follow the Utah Public Officers’ and Employees’ Ethics Act (67-16), many provisions of which are summarized below. Employees are individually accountable for ethical behavior and, if found to be acting unethically, may receive job action up to and including termination of employment as determined appropriate.
All employees are expected to disengage and/or disqualify themselves when a transaction or activity arises where it may appear to a reasonable person that the employee may have a conflict of interest.
A conflict of interest exists whenever any employee puts her/his interest or the interests of some other individual(s) or entity ahead of or in opposition to the interests of the School District.
Employees must avoid all situations that create even the appearance of a conflict of interest.
Improper Use of Position
Employees should not use their position in the District for a purpose that is, or would to a reasonable person appear to be, primarily for the private benefit of the employee, rather than primarily for the benefit of the District.
Accept Gifts or Loans
Employees should not ask for or receive, directly or indirectly, any compensation, gift, gratuity, item or activity of value, or promise thereof, for performing or for omitting or deferring the performance of any official duty; except that the following shall be allowed:
Unsolicited flowers, plants, and floral arrangements;
Unsolicited advertising or promotional items of nominal value, such as pens and notepads;
Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
Unsolicited food items given to a department when the contents are shared among employees and the public;
Unsolicited items received for the purpose of evaluation or review provided the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the District;
Information material, publications, or subscriptions related to the recipient’s performance of official duties;
Food and beverages consumed at hosted receptions where attendance is related to official duties;
Meals, beverages, and lodging associated with retreats or other meetings where the official serves as a representative, designee or is otherwise assigned to another organization or entity from the District;
Travel costs, lodging, and tuition costs associated with District-sanctioned training or education when not provided by a private entity under contract with the District;
Admission to, and the cost of food and beverages consumed at events sponsored by or in conjunction with a civic, charitable, governmental, or community organization and other officials or employees of similar agencies are in attendance;
Unsolicited gifts from dignitaries from another entity or other jurisdiction that are intended to be personal in nature; and
Unsolicited gifts from vendors with an aggregate economic value of $50.00 or less from a single source in a calendar year received either directly or indirectly by the official or employee.
Thank you gifts and recognitions of reasonable value, given to employees are acceptable when no reciprocation is expected or perceived.
Disclosing Privileged Information
Employees should not disclose or use any privileged or proprietary information gained by reason of his or her official position for the immediate or anticipated personal gain or benefit of the employee or any other person or entity; provided, that nothing shall prohibit the disclosure or use of information which is a matter of public knowledge, or which is available to the public on request.
Supervisors may not hire or recommend for hire their own relatives
Employees should not be supervised and evaluated by their own relatives
Misuse of Public Resources
Employees should work for the collection, protection, maintenance, and retention of all assets (including funds, property, and records) owned by or owed to the District and not act in any manner that prevents, obscures, devalues, or redirects any assets (including funds, property, and records) of the District away from the District for their personal gain or the gain of another individual or entity.
Employees may engage in outside or secondary employment to their position within Jordan School District so long as the outside or secondary employment does not:
Interfere with job performance for the District; or
Conflict with the interests of the District; or
Give reason for criticism or suspicion of conflicting interest or duties.
Employees are encouraged to engage in the political process but may not:
Engage in political campaigning or solicitation of political contributions during their normal work hours; or
Use District equipment or email for campaigning or political activity; or
Create a benefit or a detriment for others based solely on their political opinions.
Fair and Equal Treatment
No employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen in similar circumstances.
Reporting Fraud and Abuse
Improper Government Action means any action by a District employee that is undertaken in the performance of the employee’s official duties, whether or not the action is within the scope of the employee’s employment; and
Is in violation of any federal, state, or local law or rule; or
Is an abuse of authority; or
Is of substantial and specific danger to the public health or safety; or
Is a gross waste of public funds.
Employees who become aware of improper governmental actions should raise the issue
With their supervisor; or
If they reasonably believe the improper governmental action involves her/his supervisor, the employee may raise the issue with any supervisor above his/her supervisor including the Superintendent; or
If it is reasonably believed to be an emergency where damage to persons or property may result if action is not taken immediately, the employee may raise the issue directly with the department or individual who oversees the area; or
Through the District’s Fraud, Waste, Abuse, and Non-Compliance reporting telephone number or website.
Upon making a report, employees should be prepared to provide as much detail as possible in order to expedite and assist the investigation.
Although not required, employees are encouraged to provide their name, position, and contact information in order to allow those investigating the opportunity to ask follow-up questions and, as appropriate, to provide non-confidential results of the investigation.
Board Directive The Board adopts this policy, in part, because the legislature has conditioned certain governmental immunity protections upon the adoption of an appropriate behavior policy not less stringent than a model policy created by the State Board of Education. The Board is committed to establishing and maintaining appropriate standards of conduct between staff members and students. These standards of conduct are also known as professional boundaries. Staff members shall maintain professional and appropriate demeanor and relationships with students, both during and outside of school hours, as well as both on and off campus, that foster an effective, non-disruptive and safe learning environment. The Board delegates to the Administration the responsibility for establishing guidelines for the Employee Code of Conduct.
Staff Member: an employee, contractor or volunteer with unsupervised access to students.
Student: a child under the age of 18 or over the age of 18 if still enrolled in a public secondary school.
Boundary Violation: crossing verbal, physical, emotional, or social lines that staff must maintain in order to ensure structure, security, and predictability in an educational environment.
A boundary violation may include the following, depending on the circumstances:
Isolated, one-on-one interactions with a student out of the line of sight of others;
Meeting with a student in rooms with covered or blocked windows;
Telling risqué jokes to, or in the presence of a student;
Employing favoritism to a student;
Giving gifts to individual students;
Staff member initiated frontal hugging or other uninvited touching;
Photographing an individual student for a non-educational purpose or use;
Engaging in inappropriate or unprofessional contact outside of educational program activities;
Exchanging personal email or phone numbers with a student for a non-educational purpose or use;
Interacting privately with a student through social media, computer, or handheld devices; and
Discussing an employee’s personal life or personal issues with a student.
A boundary violation does not include:
Offering praise, encouragement, or acknowledgment;
Offering rewards available to all who achieve;
Asking permission to touch for necessary purposes;
Giving a pat on the back or a shoulder;
Giving a side hug;
Giving a handshake or high five;
Offering warmth and kindness;
Utilizing public social media alerts to groups of students and parents; or
Contact permitted by an IEP or 504 plan.
Grooming: befriending and establishing an emotional connection with a student or a student’s family to lower the student’s inhibitions for emotional, physical, or sexual abuse.
Sexual Conduct: includes any sexual contact or communication between a staff member and a student including but not limited to:
Sexual Abuse: the criminal conduct described in Utah Code Ann. 76-5-404.1(2) and includes, regardless of the gender of any participant:
Touching the anus, buttocks, pubic area, or genitalia of a student;
Touching the breast of a female student; or
Otherwise taking indecent liberties with a student; with the intent to:
cause substantial emotional or bodily pain; or
arouse or gratify the sexual desire of any individual.
Sexual Battery: the criminal conduct described in Utah Code Ann. 76-9-702.1 and includes intentionally touching, whether or not through clothing, the anus, buttocks, or any part of the genitals of a student, or the breast of a female student, and the actor’s conduct is under circumstances the actor knows or should know will likely cause affront or alarm to the student touched; or
A staff member and student sharing any sexually explicit or lewd communication, image, or photograph.
Staff members shall act in a way that acknowledges and reflects their inherent positions of authority and influence over students.
Staff members shall recognize and maintain appropriate personal boundaries in teaching, supervising and interacting with students and shall avoid boundary violations including behavior that could reasonably be considered grooming or lead to even an appearance of impropriety. It is not a boundary violation when a student acts or speaks in inappropriately familiar ways with a staff member without having been prompted to do so by the staff member, but such incidents must be promptly documented and reported to the staff member’s supervisor or the building principal and the student should be given guidance on proper student-staff relationships as directed by the supervisor or principal.
A staff member may not subject a student to any form of abuse including, but not limited to:
sexual abuse; or
A staff member shall not touch a student in a way that makes a reasonably objective student feel uncomfortable.
A staff member shall not engage in any sexual conduct toward or sexual relations with a student including, but not limited to:
viewing with a student, or allowing a student to view, pornography or any other sexually explicit or inappropriate images or content, whether video, audio, print, text or other format;
sexual battery; or
Staff member communications with students, whether verbal or electronic, shall be professional and avoid boundary violations.
A staff member shall not provide gifts, special favors, or preferential treatment to a student or group of students.
A staff member shall not discriminate against a student on the basis of sex, religion, national origin, gender identity, sexual orientation, or any other prohibited class.
Staff member use of electronic devices and social media to communicate with students must comply with District policy, be professional, pertain to school activities or classes, and comply with the Family Educational Rights and Privacy Act.
A staff member may not use or be under the influence of alcohol or illegal substances during work hours on school property or at school sponsored events while acting as a staff member. Additionally, a staff member may not use any form of tobacco or electronic cigarettes on school property or at school sponsored activities in an employment capacity.
The prohibitions listed above in subsections 1 through 9 apply to staff member interaction with any student presently enrolled in the District and to staff member interaction with any former student who was enrolled at a school where the staff member was assigned during the student’s enrollment at that school for a period of two (2) years after the student ceased enrollment at that school.
A staff member shall cooperate in any investigation concerning allegations of actions, conduct, or communications that if proven, would violate this policy.
The District recognizes that familial relationships or other relationships which are independent of and which do not arise out of the school context between a staff member and a student or former student may provide for exceptions to certain provisions of this policy.
Conduct prohibited by this policy is considered a violation of this policy regardless of whether the student may have consented.
A staff member who has reason to believe there has been a violation of this policy shall immediately report such conduct to an appropriate supervisor or school administrator. If a staff member has reason to believe a school administrator has violated this policy, the staff member shall immediately report the conduct to the administrator’s supervisor.
In addition to the obligation to report suspected child abuse or neglect to law enforcement or the Division of Child and Family Services under Utah Code Ann. 62A-4a-403:
a staff member who has reasonable cause to believe that a student may have been physically or sexually abused by a school staff member shall immediately report the belief and all other relevant information to the school administrator, or to District Administration;
a school administrator who has received a report or who otherwise has reasonable cause to believe that a student may have been physically or sexually abused by a school staff member shall immediately inform the District Administration of the reported abuse; and
if the staff member suspected to have abused a student holds a professional educator license issued by the Utah State Board of Education, the District Administration shall immediately report that information to the Utah Professional Practices Advisory Commission;
a person who makes a report under this subsection in good faith shall be immune from civil or criminal liability that might otherwise arise by reason of that report.
A staff member who has knowledge of suspected incidents of bullying shall immediately notify the student’s building administrator in compliance with Policy AS98-Bulying, Cyberbullying and Hazing.
Failing to report suspected misconduct as required herein is a violation of this policy, the Utah Educator Standards, and in some instances, state law, and may result in disciplinary action.
Within 10 days of beginning employment with the District a staff member shall receive video training regarding this policy and shall electronically acknowledge having received training and understanding the policy.
Staff members employed by the District at the time of initial adoption of this policy shall receive video training regarding this policy prior to the first day of the 2019-20 school year on which students will be in attendance and shall electronically acknowledge having received training and understanding the policy.
All employees will receive video training annually as part of the crucial policy review.
A staff member found in violation of this policy will be subject to disciplinary action, up to and including removal as a volunteer or termination of employment in accordance with orderly termination policy DP316 NEG, DP316A and DP316B NEG.
Educational institutions are potential high-risk areas for transmission of vaccine-preventable diseases. While immunization is an important health requirement for students in District schools, it is equally important for staff in these settings and other District buildings to be protected against vaccine-preventable diseases. This policy is adopted in conformance with the Salt Lake County Health Department’s (health department) Health Regulation #38. The Board delegates to the District Administration the responsibility for developing and administrating the policy for employee immunizations.
Utah law provides the health department, in the event of a case or an outbreak of a vaccine-preventable disease among District students or employees, with the authority to exclude from school and the workplace all susceptible persons, including students and employees, to prevent the spread of a communicable disease and to protect the public’s health. This policy is adopted to facilitate the timely identification of employees who must be excluded and to outline the details of their employment status during the period of exclusion.
Record of Immunization All employees are encouraged to maintain a record of immunization or immunity against the diseases listed in Section C for ready access in the event of an outbreak. In the event of an outbreak, District nurses will act as a liaison between the health department, school administration and impacted employee(s) who will be required to provide their record of immunization. Employees with no record on file, or whose record does not indicate immunization against the disease identified in an outbreak, may be excluded from the school or workplace until authorized by the local health department to return.
The District will provide policy notification to employees during the new hire onboarding process and each year during the critical policy review. In accordance with the recommendation of the Utah Department of Health, all employees are encouraged to be vaccinated against the following:
Measles, Mumps, Rubella (MMR) – Employees born in or after 1957 must provide documentation of two (2) doses of the MMR administered at least one month apart, or proof of immunity.
Tetanus, Diphtheria, Pertussis (Tdap) – Employees must provide documentation of one (1) dose of the Tdap.
Varicella (Chicken Pox) – Employees must provide documentation of receiving two (2) doses of Varicella vaccine at least four (4) weeks apart or a physician diagnosis or personal recall of Varicella disease or proof of immunity.
Exemptions Except as otherwise provided, employees may claim an exemption to an immunization for 1) medical; 2) religious; or 3) personal reason(s), as allowed by Utah Code §53G-9-303. Each exemption claimed must be accompanied by the appropriate authorized health department exemption form.
Exclusion When the local health department verifies that a case or an outbreak of a disease listed in Section C has been identified at a school or other District location, the health department has the authority to exclude individuals from the workplace it determines pose a risk to the public health. Administrators should cooperate with health department personnel and District nurses to request records of immunization. If the health department determines that an employee must be excluded, the health department official or District nurse shall notify the school/building administrator and the Administrator of Human Resources. The District will take action according to the following provisions:
Communication with health department.
In the event an employee is excluded, school/building administrators and other District administrators shall communicate with health department officials regarding such issues as schedules, activities, and other information to mitigate the exclusion from unnecessarily disrupting school/building operation.
Excluded with a personal, medical or religious exemption form.
An employee who is excluded because the employee submitted a properly authorized exemption form shall be allowed to use his/her available leave as allowed by policy during the time of exclusion.
If a substitute teacher is needed, the District will cover the cost of the substitute during the time of exclusion.
Excluded with no immunization/immunity record or exemption form.
An employee who is excluded because the employee has been unable to provide a record of immunization/immunity or has not submitted a properly authorized exemption form shall be allowed to use his/her available leave as allowed by policy during the time of exclusion if the exclusion for an outbreak occurs before July 1, 2018.
If the exclusion for an outbreak occurs after June 30, 2018, the excluded employee shall not be allowed to use his/her available leave as allowed by policy, with the exception of Vacation or Personal Leave, during the time of exclusion.
If no Vacation or Personal Leave is available, the employee will be placed on unpaid administrative leave during the time of exclusion.
This unpaid leave will not count towards the 15 day leave of absence limit set forth in DP337 NEG or DP337B NEG.
If a substitute teacher is needed, the District will cover the cost of the substitute during the time of exclusion.
Jordan School District will support and implement physically and emotionally safe school programs and procedures where learning can occur.
School safety and security will be accomplished by providing a physically safe learning environment through safety and security programs that include:
Safe and secure buildings and grounds
Student, staff and patron safety and welfare
School safety and security will be further accomplished by encouraging each school to foster an emotionally safe and a welcoming environment.The updated District Plan addressing the mental, social, emotional, and physical well-being of students and employees will be implemented throughout the District and shall include the following components:
Clearly articulated procedures and protocols regarding the wellness needs of students and employees
Clearly defined resources regarding suicide prevention and anti-bullying strategies
Clearly defined education process for students, parents, faculty, and staff
Each school will create a Code of Conduct in collaboration with the school administration, faculty, and School Community Council. An anti-bullying program will be an element of each school’s Code of Conduct and shall include the following components:
Clearly articulated and defined desired actions and behaviors
Clearly defined rules and consequences
Clearly defined reporting process
Clearly defined education process for students, parents, faculty, and staff
Evidence of the above will be provided through multiple means.
The safety and security programs for physical safety shall be measured and assessed by:
Jordan Safety and Security Assessments (three times per year)
School Self-inspection Surveys (annually)
Jordan School District Online Satisfaction Surveys (annually)
Utah State Risk Inspections (annually)
Utah State Fire Inspections (annually)
Utah State Board of Health Inspections (annually)
End of year drill reporting from schools
Safety and Security Annual Report
The emotionally safe environment for schools shall be measured and assessed by:
Code of Conduct from each school provided to the appropriate Administrator of Schools and available on the school’s website (annually)
Dates of each school’s Code of Conduct training provided to the appropriate Administrator of Schools (annually)
District Plan with clear procedures and protocols regarding the wellness needs of students and employees
Dates of training on the District Plan regarding the wellness needs of students and employees to be provided to the appropriate Administrator of Schools (annually)
The Board of Education will review the policy quarterly and report annually to the community on the physical and mental safety of students.
Board Directive The Board may authorize an application to establish and operate a charter school within the geographical boundaries (Utah Code § 53G-5-305). To assist with the Board’s decision whether to approve an application to authorize a charter school and consistent with the guidance provided by the Board, the Board delegates to the District Administration the responsibility for developing procedures to administer the policy for submitting an application to the Board seeking authorization by the Board for establishing and operating a charter school within the geographical boundaries of the District. All charter schools authorized by the Board are required to comply with federal and state laws, rules and regulations, the terms and conditions for the operation of the charter school as set forth in a written charter agreement, and any other agreement entered into with the District.Consistent with the guidance provided by the Board, the Board further delegates to the District Administration the responsibility for developing procedures to administer the policy for reviewing charter applications of charter schools within the geographical boundaries of the District which do not seek authorization by the Board of Education, but which seek authorization of a charter school from the State Charter School Board (Utah Code § 53G-5-304).
Board Authorization of Charter School Policy
The Board will consider various factors in considering whether to authorize a charter school application including but not limited to the following potential concerns and benefits.
Direct and indirect cost to the District
Impact on District resources
Burden and workload on District employees
Dilution of Board focus
Consequences of charter failure
Perceptions of employees and community
Indicators of high quality education
Increased high quality opportunities
Smaller school and classroom size
Understanding and interacting with charter community
Potential economic benefit to taxpayers
Perceptions of employees and community
Application for Authorization by the Board of Education
Submission of Application for Board Consideration
An application shall conform to requirements specified by the Utah Charter School Act (Utah Code §53G-5-302).
According to the guidance provided by the Board, the District Administration will develop District charter school application procedures which may specify when applications may be submitted for Board consideration and which will specify any information required to be included in a charter application for an application submitted to the Board for its authorization of a charter school within the geographical boundaries of the District, which may include the following:
the charter school's proposed curriculum, instructional program or delivery methods;
a method for assessing whether students are reaching academic goals, including, at a minimum, participation in the Utah Performance Assessment System for Students under Chapter 1, Part 6, Achievement Tests;
a proposed calendar;
a description of opportunities for parental involvement;
a description of the school's administrative, supervisory, or other proposed services that may be obtained through service providers; or
other information that demonstrates an applicant's ability to establish and operate a charter school.
According to the guidance provided by the Board, the District Administration will develop District charter school application procedures which will include minimum academic, financial, and enrollment standards and timelines setting forth the when and how an application may be submitted to the Board for its authorization.
The Board will review and provide written notice of its acceptance or rejection of an application within forty-five (45) days after the application is received by the Board.
Rejection of Application
If the Board rejects the application, it shall notify the applicant in writing of the reason for the rejection.
the applicant may submit a revised application for reconsideration by the Board, or
The charter agreement will include the authorization period established by the Board.
The charter agreement may be modified by mutual agreement of the Board and the governing body of the charter school.
Approval for authorization is conditioned upon the express understanding that the governing body of a charter school, the nonprofit corporation under which the charter school is organized and managed, and the charter school are solely liable for any damages resulting from any legal challenge involving the operation of the charter school. All charter agreements will include an indemnification provision that provides that the governing body, the charter school, and any managing nonprofit corporation will fully indemnify, hold harmless, and defend the Board and District from any claims asserted against them that arise as a result of the operation of the charter school.
The Board may authorize a charter school for an authorization period up to fifteen (15) years but not less than (3) years before reauthorization must be sought.
Requests for Authorization by the State Charter School Board
Application to State Charter School Board
An applicant seeking authorization of a charter school from the State Charter School Board for a charter school located in the District shall provide a copy of the application to the District either before or at the same time it files its application with the State Charter School Board.
The Board authorizes the District Administration to review the application with the State Charter School Board and offer suggestions or recommendations to the Board. The Board may instruct the Administration on whether to take a position on the application and on what, if any, suggestions or recommendations to then offer the applicant or the State Charter School Board prior to the State Charter School Board acting on the application.
Policy Expiration Unless extended or expressly modified by the Board, this policy will expire on July 31, 2017.
Board Directive The Board recognizes the need to provide consistency in the way that admission prices for extracurricular activities and performances are established. The Board delegates to the District Administration the responsibility to administer this policy.
Administrative Policy Admission charges to extracurricular activities and performances must be established at each level as outlined below:
High schools may charge admission to attend student extracurricular activities and performances. Each school program may determine the price of admission for performances in cooperation with the administration. Schools are encouraged to consider special pricing for families and senior citizens. Admission prices for activities and athletic events that are overseen by the Utah High School Activities Association will be determined in accordance with the appropriate region policies.
Middle schools may charge admission for extracurricular performing arts events, including drama, dance, music, and other performances. The School Community Council must approve the amount being charged for admission in advance (up to $5.00 per person). Schools should consider the royalty implications of charging for performances. Schools are encouraged to offer family passes and senior discounts.
Elementary schools are not authorized to charge admission to student performances.
The Board requires an attorney who is guided primarily by the Board’s policies and philosophies; one who seeks to put Board policies and views into effect rather than the potentially differing views of the administration.
The Board expects its directions and wishes to be incorporated into administrative action when counsel regularly interacts with the Board and clearly understands their positions and directions to administrative staff.
Board Counsel, like the members of the administration, works for the Board and is accountable to implement the policies and philosophies of the Board.
Board Counsel provides frequent interaction with the Board and receives regular input from the Board so that counsel can better understand the attitudes and concerns of the Board and can efficiently assist in their implementation.
Board Counsel works with administration to avoid courses of action which could be inconsistent with the direction and ideals of the Board.
Board Counsel alerts the Board to potential issues, assesses the Board’s position on issues, and obtains timely clarification regarding Board intentions.
Should any Board member express concern about possible legal counsel conflict of interest, that concern may become an immediate item on the next monthly Board agenda, so that any perceived conflict can be resolved and the entire Board can be satisfied with the legal counsel representation.
The Superintendent will not cause or allow conditions, procedures, or decisions, which interfere with student achievement or which are unsafe, undignified, inequitable, discriminatory, or unnecessarily intrusive in his/her interactions with students and their families or those enrolling to be students.
Further, without limiting the scope of the aforementioned statement, he/she will not:
Fail to implement policies, procedures and practices which promote the health and safety of the students.
Fail to implement policies, procedures and practices that welcome and encourage parents to participate in their child’s education.
Fail to be considerate of and sensitive to racial, ethnic, and cultural issues as well as community values.
Fail to establish with students and their families, in a timely manner, a clear understanding of what may be expected and what may not be expected from Jordan School District services.
Fail to operate facilities with appropriate accessibility.
Use application forms that elicit information for which there is no clear necessity.
Use methods for collecting reviewing, transmitting, or storing student and family information that fail to protect against improper access to the material elicited. Privacy shall be protected by strict use of best practices and in compliance with all legal requirements.
Fail to have clear accountability measures in fundraising activities that require the participation of students.
Fail to inform students and their families of this policy in a timely manner, or to provide a way to be heard for persons who believe they have not been accorded a reasonable interpretation of their protections under this policy.
Fail to provide for effective handling of grievances in a timely manner.