Board Directive The Jordan District Board of Education recognizes the importance of an educational environment that is conducive to high-quality teaching and learning. The Board also recognizes that personal electronic and communication devices are commonly used by students and although they can be valuable education and communication tools for students, they are also a source of distraction and disruption to the learning environment.
Administrative Policy
Elementary –Grades K-6
Student use of personal electronic and communication devices, including cellphones, laptops, tablet computers, smart watches, listening devices, wearable technology, and other similar personal electronic devices is not permitted during the school day. In extraordinary circumstances, exceptions may be approved by the school principal in consultation with their Administrator of Schools. Devices must be silenced and remain out of sight during the school day.
Secondary –Grades 7-12 Student use of personal electronic and communication devices, including cellphones, laptops, tablet computers, smart watches, listening devices, wearable technology, and other similar personal electronic devices is not permitted during class time. Exceptions may be granted with the approval of the school principal in consultation with their Administrator of Schools. Devices must be silenced and remain out of sight during class time.
Consequences for Electronic Device Policy Violation
Elementary
1st Offense: Verbal reminder/warning and notification to parent/guardian
2nd Offense: Device held in the office for pick-up at the end of the day by student and notification to parent/guardian.
3rd+ Offense: Device held in the office for pick-up at the end of the day by parent or guardian.
Schools may implement additional consequences.
Secondary
1st Offense: Device is stored securely in the main office for pick-up at the end of the day by student.
2nd+ Offense: Device is placed in a secure container and stored in the main office for pick-up at the end of the day by parent/guardian.
Students may use personal electronic and communication devices during school-sponsored activities outside of the school day at District school campuses and while on District buses.
Schools may enact additional restrictions with support of the School Community Council, in consultation with their Administrator of Schools, and notification of the Board.
The Jordan School District (“District”) Board of Education (“Board”) is committed to providing an educational and working environment where all students and employees are treated with dignity and respect and have equitable opportunities for learning, participation in educational activities, or work. A fundamental component of this commitment is to maintain an environment free from discrimination based on sex, or sexual harassment, which includes dating/domestic violence, stalking, and sexual assault and to comply with Title IX of the Education Amendments of 1972 (Title IX) and its regulations. This policy complies with Title IX’s procedural and substantive requirements.
Sexual harassment is prohibited by Title IX of the Education Amendments of 1972 (Title IX), which provides that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. §1681(a). The federal regulations found at 34 CFR 106 implementing Title IX further outline the requirements placed upon recipients of federal funds, such as the District.
The District’s Board is committed to protecting students and employees against sexual harassment, whether by students, employees, volunteers, or others under the District’s control. Students or employees who engage in sexual harassment will be subject to disciplinary action under this policy or a corresponding conduct policy.
Conduct that does not rise to the level of sexual harassment as defined in this policy but that constitutes inappropriate or offensive sexual behavior, bullying, or other forms of harassment is still prohibited and will be investigated and addressed under District policies, specifically, AS94 – Student Discrimination and Harassment or DP358 – Employee Discrimination and Harassment.
The District’s Board authorizes the Superintendent and District Administration to establish administrative procedures consistent with this policy.
Administrative Policy Jordan School District's Title IX Sexual Harassment policy shall be administered according to the following administrative policy provisions:
The District has designated a Title IX Coordinator in the District’s Compliance and Legal Services Office who oversees implementation of this policy.
The Title IX Coordinator is authorized to coordinate the District’s efforts to comply with regulatory requirements of Title IX. All allegations of sexual harassment and discrimination should be directed to the Title IX Coordinator:
Melissa Flores
Title IX Coordinator
Jordan School District7387 S. Campus View Drive
West Jordan, UT 84084
(801) 567-8110 Melissa.Flores@jordandistrict.org
“Actual knowledge” means that an employee, student, or third-party has informed the Title IX Coordinator or any District official who has authority to institute corrective measures on behalf of the District of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct. Actual knowledge compels the District to initiate action.
“Advisor” means a person chosen by a party or appointed by the District to accompany the party to meetings related to the grievance process and to advise the party on that process. This individual may be a District employee, a member of the community, or attorney (hired and paid for by a party).
“Appeal Officer” means a person designated by the Superintendent to review an appeal from a determination regarding responsibility in a case of sexual harassment (Title IX). An appeal panel may not contain an investigator(s), decision-maker(s), or the Title IX Coordinator.
“Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
“Decision-maker” means a District administrator responsible to review the investigator’s report and determine whether District policy has been violated based on a preponderance of the evidence standard. The Decision-maker will be responsible to determine appropriate sanctions/discipline when policy is violated and provide a written determination outlining a rationale for finding(s). Multiple decision-makers may be designated by the District.
“Deliberate Indifference Standard” means a recipient (District) with actual knowledge of sexual harassment in an education program or activity must respond in a manner that is not deliberately indifferent. A recipient is deliberately indifferent only if its response to sexual harassment is clearly unreasonable in light of the known circumstances.
“Education program or activity” means locations, events, or circumstances where the District exercises substantial control over both the Respondent and the context in which the sexual harassment or discrimination occurs and also includes any building owned or controlled by the District.
Formal complaint” means a document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the District investigate the allegation of sexual harassment.
At the time of filing a formal complaint, a Complainant must be participating in or attempting to participate in an education program or activity of the District. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by email, using the contact information listed for the Title IX Coordinator above.
The formal complaint must contain the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the formal complaint.
A parent/legal guardian may sign and file a formal complaint on behalf of a minor complainant.
“Investigator(s)” means a District administrator (s) trained in Title IX to conduct a prompt, fair, and impartial investigation of a formal complaint under assignment by the Title IX Coordinator. The investigator (s) has responsibility to draft an investigative report and summarize evidence gathered from the parties and witnesses in a Title IX investigation.
“Preponderance of the evidence” means the evidentiary standard necessary to demonstrate the allegation is more likely true than not true.
“Prompt” means the time period in which allegations are acted upon once the District has received notice or a formal complaint. Typically, complaints can take 60-90 business days to resolve. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but the District will avoid all undue delays within its control.
“Resolution” means the result of an informal or formal grievance process.
“Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
“Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:
A District employee conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (quid pro quo). Quid pro quo harassment is not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such misconduct is sufficiently serious to deprive a person of equal access.
Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it denies a person equal access to the District’s education program or activity:
Severe: Based on whether the described occurrence or conduct was severe from the perspective of a reasonable person in the complainant’s position.
Pervasive: A single instance of an offensive comment or joke typically does not meet the Title IX standard for sexual harassment requiring investigation, but there may be instances where a single unwelcome act may meet that standard. Factors to consider include, but are not limited to, whether there is a pattern of sexual harassment, the number of people involved, and whether the unwelcome sex-based conduct involves widespread dissemination of offensive material.
Objectively Offensive: Based on whether the described occurrence or conduct was offensive from the perspective of a reasonable person in the complainant’s position. Notably, the perspective for offensiveness is based on the reasonableness from the complainant’s perspective, and the intent of the respondent is irrelevant in the analysis.
Effectively Denies Equal Access: This does not require that a Complainant be entirely or physically excluded from educational opportunities, but rather that the sexual harassment has so undermined and detracted from the complainant’s educational experience, that he or she is effectively denied equal access to the school’s resources and opportunities; or
Sexual assault as defined in by the Title IX regulations:
Forcible rape, forcible sodomy, or forcible fondling;
Incest and statutory rape;
Unwelcome touching of a person’s private body parts for the purpose of sexual gratification. In determining whether conduct meets this definition, administrators shall consider all the circumstances surrounding the incident, such as the age and maturity of the parties, the duration of the incident, the location and secretive nature of the actions, the intent of the parties, and the effects on the parties. See, 20 U.S.C. 1092 (f)(6)(A)(v).
This offense is not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access because such misconduct is sufficiently serious to deprive a person of equal access;
Dating violence as defined by the Title IX regulations (See, 34 U.S.C 12291 (a)(10)) is violence, such as sexual or physical abuse or threat of such abuse, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant, which may be determined by (1) the length of the relationship, (2) the type of relationship, (3) the frequency of interaction between the persons involved in the relationship. Dating violence is not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such misconduct is sufficiently serious to deprive a person of equal access;
Domestic violence as defined by the Title IX regulations (See 34 S.C. 12291 (a)(8)) is violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under Utah law, or by any other person against a complainant who is protected from that person’s acts under Utah law. Domestic violence is not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such misconduct is sufficiently serious to deprive a person of equal access; or
Stalking as defined by the Title IX regulations (See 34 U.S.C. 12291 (a)(30)) is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress. Stalking is not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such misconduct is sufficiently serious to deprive a person of equal access.
“Sexual misconduct” means unwelcome sexual actions or conduct that is both non-physical or physical, offensive to the sensibilities of any person, including sexual advances, lewd gestures, words or other communication of sexual nature that has the effect of threatening or intimidating the person against whom such conduct is directed, but does not meet the definition of sexual harassment under Title IX for a hostile environment for sexual conduct that is severe, pervasive, and objectively offensive to deny a person equal access to the education program or activity.
“Supportive measures” means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening either party, including measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment.
“Title IX Coordinator” means the employee designated by the District to coordinate efforts to comply with Title IX, including implementing the grievance process and managing required training under the regulations. The District’s policy will include the name, office, address, and telephone number of employee(s) appointed.
Complaint Procedure; Employee Responsibility to Report
Individuals who believe they have been subjected to sexual harassment should immediately notify a teacher, administrator, supervisor, or the Title IX Coordinator. They may file either an informal or a formal complaint.
An employee with actual knowledge of sexual harassment or allegation of sexual harassment shall, as soon as is reasonably possible, notify the Title IX Coordinator with the allegations.
An individual other than a Complainant may file a report or notice of sexual harassment, in which case the procedures for an initial response and supportive measures will be followed. However, an investigation is opened only upon receipt of a formal complaint by the Complainant or, if a minor, by the Complainant’s parent/legal guardian.
Any District or school employee who observes or otherwise becomes aware of conduct that may constitute sexual harassment against a student or employee must report the conduct to the Title IX Coordinator regardless of whether the student files a formal or informal complaint or not.
Parent(s) or legal guardian(s) are permitted to accompany the student to any meeting or interview during a grievance process to exercise rights on behalf of the student. The student’s advisor of choice may be a different person from the parent or guardian.
Formal Complaint A formal complaint must be in writing and must be delivered to the Title IX Coordinator. To the extent possible, the formal complaint should include:
Name, home address, e-mail address, telephone number of the Complainant;
Date(s), of incident(s) giving rise to the complaint;
Name(s) of Respondent(s);
Description of the conduct or incident(s) giving rise to the complaint;
Description of the harm caused by the incident; and
Description of remedy sought. Providing a description of the remedy sought does not confer authority on the Complainant or the Complainant’s parent/legal guardian to determine the discipline imposed on the Respondent. The determination of remedies, including any disciplinary action, rests only within the authority and sole discretion of the District and may not be divested to others.
Employee Receipt of Notice, “Actual Knowledge.” Whenever any District or school employee becomes aware of an allegation of, or conduct that may constitute, sexual harassment, the Title IX Coordinator must be notified.
Actual knowledge of such conduct or allegation may be made known through a variety of means, including but not limited to: verbal complaints by students or parent(s)/legal guardian(s); notice from an employee; direct observation, or as facts are disclosed during normal disciplinary proceedings.
Receipt of Notice to Administrator:
If a school administrator becomes aware of offensive sexual behavior or sexual conduct, the administrator shall conduct an initial assessment to determine whether the conduct might meet the definition of sexual harassment under this policy.
If there is evidence that the conduct constitutes sexual harassment, or if a reasonable person would consider the conduct sexual harassment under this policy, the school administrator shall report the conduct to the Title IX Coordinator.
For situations involving students, the Title IX Coordinator shall contact the parents/legal guardian.
The school administrator in consultation with the Title IX Coordinator, may provide upon receiving a report of sexual harassment, appropriate and immediate supportive measures to the Complainant in the interim between when the Title IX Coordinator is able to make contact with the Complainant.
Upon receipt of notice (actual knowledge) of sexual harassment or allegations of sexual harassment, the Title IX Coordinator shall promptly contact the Complainant to discuss:
The availability of supportive measures consider the Complainant’s wishes with respect to supportive measures;
Inform the Complainant of the availability of supportive measures with or without the filing of a formal complaint;
Explain to the Complainant the process for filing and investigating a formal complaint; and
Explain to the Complainant that the parties may have an adult advisor of their choice throughout the investigation of a formal complaint.
The Title IX Coordinator should consult with, and implement supportive measures in collaboration with, the school administrator for students, or HR Director for an employee. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.
Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, supervised transitions, changes in work locations, increased security and monitoring of certain areas of the campus, and other similar measures.
The District must maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures.
Emergency Removal: The Title IX Coordinator, in consultation with an administrator and the Administrator of Schools (AOS) or in the case of an employee, the Administrator of Human Resources, may seek an emergency removal of a Respondent from the District’s education program or activity.
To remove a Respondent on an emergency basis, the District must undertake an individualized safety and risk analysis and determine that an immediate threat to the physical health or safety of a student or other individual arising from the allegations of sexual harassment justifies the removal.
The Respondent must be given notice and an opportunity to challenge the decision immediately following the removal. An emergency removal may not constitute or be documented as disciplinary action.
In the case of an employee, the District may place a non-student employee Respondent on administrative leave during the pendency of the grievance process.
If the Title IX Coordinator receives a report from a student, parent/legal guardian, school employee, and/or school administrator before receiving a formal complaint, he or she shall interview the Complainant and determine whether to sign a formal complaint on behalf of the Complainant.
The Title IX Coordinator may consolidate formal complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, where the allegations of sexual harassment arise out of the same facts or circumstances.
Investigation of Sexual Harassment - Title IX
Dismissal
Upon receipt of a formal complaint, the Title IX Coordinator determines whether the complaint must or may be dismissed. A dismissal may occur at any point in the investigation until such time as a determination is made regarding the reported allegations.
Mandatory Dismissal: The Title IX Coordinator must dismiss the complaint if any of the following conditions apply:
The conduct alleged would not constitute sexual harassment as defined in this policy, even if proved true;
The conduct alleged did not occur in a District program or activity; or
The conduct alleged did not occur against a person in the United States.
a) This dismissal does not preclude action under another District policy. The District has the flexibility to provide supportive measures in response to allegations of conduct, and to investigate such conduct, that does not involve sexual harassment but is otherwise prohibited under District policy, including bullying, discrimination, harassment, and other sexually inappropriate conduct.
Discretionary Dismissal: The Title IX Coordinator may dismiss the complaint or any of the allegations therein if any of the following conditions apply:
a Complainant notifies the Title IX Coordinator in writing that they would like to withdraw the formal complaint or any allegations therein;
the Respondent is no longer enrolled or employed by the District; or
specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the allegations contained in the formal complaint.
a) If dismissed, the Title IX Coordinator shall promptly notify both parties in writing of a dismissal decision, and shall give both parties equal right to appeal a dismissal decision (See Appeals, Section II. G.).
Assignment of Investigator
The Title IX Coordinator shall assign an investigator(s) to conduct the Title IX investigation.
The Title IX Coordinator may conduct the investigation, or conduct the investigation with another investigator who is trained to conduct sexual harassment investigations provided the Title IX Coordinator was not the person who conducted the preliminary review regarding jurisdiction.
The investigator must receive training on the definition of sexual harassment under this policy, the scope of the District’s education programs and activities, how to conduct an investigation, how to determine relevance to create an investigative report that fairly summarizes relevant evidence, how to write and issue an investigative report, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
The investigator should begin each investigation by creating an investigation file.
The investigator shall refer the matter to law enforcement authorities or the Utah State Division of Child and Family Services, where appropriate or required by law. The investigator must continue to conduct the investigation even if the matter has been referred to another agency. The investigator should coordinate with the other agency and may adjust timelines and procedures accordingly.
Investigative Procedures
The District must ensure that investigations include the following steps:
The investigator shall ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the District and not on the parties.
Access to a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in their capacity in connection with the party’s treatment can only be obtained through the party’s voluntary, written consent (if the party is a minor, consent must be from the parent).
Notice of Allegations: Upon receipt of a formal complaint, the Title IX Coordinator shall provide written notice to the parties of the allegations. The notice must include:
Notice of the District’s formal complaint and investigation process, including any informal resolution process available;
Notice of the allegations of sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the following, if known:
a) The identities of the parties involved in the incident;
b) the conduct allegedly constituting sexual harassment under this policy; and
c) the date and location of the alleged incident.
A statement that the Respondent is presumed innocent until a determination has been made at the conclusion of the investigation;
A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney.
A statement that the parties will be provided two, ten (10) day periods in which to inspect and review all evidence collected during the investigation but prior to completion of an investigation report and after the investigative report has been written.
A statement that District policy prohibits knowingly making false statements or knowingly submitting false information during the investigation and that a party found to have done so is subject to disciplinary action.
Interviews
The investigator shall provide written notice of the date, time, location, participants, and purpose of all investigative interviews to a party whose participation is invited or expected, with sufficient time for the party to prepare to participate.
The investigator shall provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
Each of the following persons shall be interviewed, and a record made of their conversations.
a) The Complainant. The complainant may be accompanied by an adult representative, including legal counsel. The Complainant may present evidence supporting the complaint.
1) In cases of sexual assault or other severe trauma, the investigator should seek assistance from professionals trained in interviewing children. Such professionals may include designated officials from the Children’s Justice Center, the Department of Child and Family Services, or some other private or governmental agency.
2) The investigator shall comply with the reporting requirements regarding the reporting of Child Abuse or Neglect (See Policy AS70 Child Abuse-Neglect Reporting by School Personnel).
b) The Respondent. The Respondent may be accompanied by an adult representative, including legal counsel. The Respondent may present evidence refuting the allegations set forth in the complaint. The investigator should gather a signed, written statement from the Respondent that responds to the allegations.
c) The Witnesses. Anyone who witnessed the alleged conduct. The investigator should gather a signed witness statement from each witness using the Title IX Witness Statement form.
d) Anyone mentioned as having related information. The investigator should document all conversations related to the alleged incident.
Equal opportunity shall be provided for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
The investigator may have additional conversations with any of the individuals listed in subsection to ensure that all relevant facts have been gathered.
Preservation of Evidence
The investigator shall gather and preserve all evidence, including footage from surveillance cameras, photos, physical evidence, documents, correspondence, and any relevant electronic information such as text messages, camera footage, and social media postings.
All evidence gathered must be maintained in the Evidence Log and/or the Privilege Log.
Informal Resolution may be appropriate in cases of sexual harassment under Title IX according to the following requirements:
Informal mediation can never be offered to resolve complaints alleging that an employee sexually harassed a student;
Facilitators must be free from conflicts of interest or bias and be trained to serve impartially;
Informal resolution processes must have reasonably prompt time frames;
The initial written notice of allegations sent to both parties must include information about the informal resolution processes made available; and
Parties retain their right to the formal grievance process, and can withdraw from informal resolution and resume a formal process at any time before agreeing to a resolution.
Investigative Report
Prior to completing the investigative report, the investigator shall send to each party and the party’s advisor (if applicable) the evidence subject to inspection and review in an electronic format or a hard copy. The parties must have at least ten (10) calendar days to submit a written response, which the investigator may consider prior to completion of the investigative report.
The investigator shall objectively evaluate all relevant evidence, including the credibility of all statements, the investigator shall prepare a final written report of the investigation. The report should be completed using the District’s Title IX Report Template.
The report must “fairly summarize relevant evidence,” and should include the following:
a) A description of the complaint.
b) A description of the interim supportive measures provided to the complainant and/or the respondent.
c) A detailed description of the investigation, including names and dates of individuals interviewed; receipt of written statements; and evidence considered, including video and audio recordings, correspondence, etc.
d) Findings of fact. This section should describe with sufficient detail the events and actions found by the investigator to be true and include both inculpatory and exculpatory evidence considered relevant.
The investigator shall provide a copy of the final investigative report simultaneously to the parties and notify them that they have ten (10) calendar days to review the report and provide a response, including written questions they would like asked of any party or witness. The investigator notifies the parties that their response and questions should be submitted to the Title IX Coordinator.
Determination Regarding Responsibility by Decision-Maker(s)
Decision-maker(s)
A District administrator identified as a decision-maker is responsible to review the investigator’s report and determine whether District policy has been violated based on a preponderance of the evidence standard.
The Decision-maker is responsible to determine appropriate sanctions/discipline when policy is violated and provide a written determination outlining a rationale for finding(s). Multiple decision-makers may be designated by the District.
The Decision-maker(s) cannot be the same person as the Title IX Coordinator or an investigator(s).
The Decision-maker(s) may not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
The Decision-maker(s) must receive training on the definition of sexual harassment under this policy, the scope of the District’s education programs and activities, how to conduct an investigation, how to issue a written determination, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
Parties’ Response to Investigative Report
Upon receipt of the investigation report, the Decision-maker(s) must allow for at least ten (10) days to receive any written response from the parties before issuing a written determination regarding responsibility and whether District policy was violated.
Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant unless such questions and evidence are offered to prove that someone other than the respondent committed the alleged conduct or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. The Decision-maker(s) must explain to a party proposing the questions any decision to exclude a question as not relevant.
Upon receipt of relevant questions from a party, the Decision-maker(s) submits the questions to the witness or party to whom they are directed and establishes a timeframe in which the questions must be answered. Upon receipt of the answers, the decision-maker provides them to the parties who proposed the questions.
At the Decision-maker’s discretion, the Decision-maker may permit limited follow-up questions from the parties.
Determination Regarding Responsibility
The Decision-maker(s) must issue a written determination as to whether the Respondent committed sexual harassment in violation of the District’s Title IX policy.
The Decision-maker(s) objectively evaluates all relevant evidence gathered and presented during the investigation, as found in the investigative report, along with the answers to any written questions and follow-up questions to parties and witnesses as a response to the investigative report. The Decision-maker(s) evaluate the evidence, judge credibility based on factors of plausibility and consistency in party and witness statements, and then will reach a determination regarding responsibility.
The Decision-maker(s) may consult with the investigator, the District’s General Counsel, and other administrators as applicable in making a determination, except for the Superintendent and his/her designee to whom an appeal would be directed.
The Decision-maker(s) shall base the determination on the preponderance of the evidence standard. The District shall apply the same standard to all formal complaints of sexual harassment, whether the complaint involves a student or employee.
The Written Determination
The written determination must include:
Identification of the allegations potentially constituting sexual harassment as defined in this policy;
A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence;
Findings of fact supporting the determination;
Conclusions regarding the application of the District’s policy to the facts;
A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the recipient imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the recipient’s education program or activity will be provided by the recipient to the Complainant; and
The District’s procedures and bases for the Complainant and Respondent to appeal.
The recipient must provide the written determination to the parties simultaneously.
If the Respondent is a student and found to have committed sexual harassment, the decision-maker shall ensure that the behavior and resulting disciplinary action is documented in the Student Information System.
Upon receipt of the final determination, the Complainant or Respondent may file an appeal.
The determination regarding responsibility becomes final either on the date that the recipient provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely, which is 10 calendar days after the issuance of the decision regarding responsibility.
Issuance of Written Determination
At the conclusion of the decision-making process, the Decision-maker(s) shall provide the written determination to the parties simultaneously.
The Decision-maker(s) also provides a copy of the written determination to the Title IX Coordinator.
Appeals
Either party, the Complainant or Respondent, may appeal the Dismissal of a Formal
Complaint in writing within five (5) calendar days after receipt of a Notice of Dismissal. Failure to submit written notice of an appeal within five (5) calendar days constitutes forfeiture of any right to appeal from a Dismissal of a Formal Complaint.
Either party, the Complainant or Respondent, may appeal the Determination Regarding Responsibility within ten (10) calendar days from the date of when the written Determination Regarding Responsibility was issued. Failure to submit written notice of an appeal within ten (10) calendar days constitutes forfeiture of any right to appeal.
Appeals shall be submitted to the Legal Services department, who shall forward the appeal to the Appeal Officer.
Grounds for an appeal of a Determination Regarding Responsibility:
Procedural irregularity that affected the outcome of the matter;
New evidence that was not reasonably available at the time the Determination Regarding Responsibility was made, that could affect the outcome of the matter; or
If a party believes there was a conflict of interest of the Title IX Coordinator, investigator (s), or decision-maker (s).
If an appeal does not introduce new evidence or allege a conflict of interest or violation of the investigation procedures of this policy, it will be denied.
Disagreement with the outcome of an investigation or with an investigator (s) interpretation or findings of facts is not grounds for an appeal under this policy.
The Appeal Officer will notify the other party in writing when an appeal is filed and offer the non-appealing party an opportunity to provide a written statement in support of, or challenging, the outcome. The Appeal Officer will issue a written decision as to whether the investigation procedures were followed, whether there was a conflict of interest, or whether any new evidence would change the outcome of the investigation.
The decision of the Appeal Officer is final.
Confidentiality
It is the policy of the District to respect, as far as possible, the privacy and anonymity of all parties and witnesses to complaints brought under this policy. However, because an individual’s right to confidentiality must be balanced with the District’s obligations to cooperate with law enforcement, government agency investigations, or legal proceedings, or to investigate and take necessary action to resolve a complaint, including by allowing each party the chance to provide information to the investigator, information about the complaint may be disclosed in appropriate circumstances, and for other good reasons that apply to the particular situation. The investigator also may discuss the complaint with one or more of the following persons:
The General Counsel;
The parent/legal guardian of the victim;
The parent/legal guardian of an alleged student perpetrator;
A teacher or staff member whose knowledge of the students involved may help in determining who is telling the truth;
Utah State Division of Child and Family Services for purposes of investigating child abuse reports; and
Law enforcement agencies where the investigator has reasonable suspicion that the alleged Discrimination or Harassment involves criminal activity.
Where a complaint involves allegations of child abuse, the complaint shall be immediately reported to appropriate law enforcement authorities or the Utah State Division of Child and Family Services. The anonymity of both the complainant and school officials involved in the investigation will be strictly protected as required by Utah Code §62A-4a-412.
Retaliation
Retaliation: It is prohibited for the District or any District employee to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure.
Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this policy.
Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. The District is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.
The following do not constitute retaliation under this policy:
The exercise of rights protected under the First Amendment.
Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure. A determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.
Discipline and Remedial Action; False Complaints
Any student who engages in sexual harassment of anyone at school or at any school-related activity or event is in violation of this policy and shall be subject to disciplinary action consistent with the District’s Student Conduct and Disciplinary Process. Disciplinary action may include, but is not limited to, suspension, expulsion, exclusion or loss of extracurricular activities, probation, or alternative educational placement. In imposing such discipline, all facts and circumstances of the incident(s) shall be taken into account.
Any employee who engages in sexual harassment of any student at school or at a school-related activity or event is in violation of this policy and shall be subject to disciplinary action consistent with the District’s Employee Termination policies. Disciplinary action may include, but is not limited to, warnings, reprimands, probation, disciplinary transfer, suspension, reduction in pay or hours, or termination. In imposing such discipline, all facts and circumstances of the incidents(s) shall be taken into account.
If the investigator has reasonable suspicion that the harassment involves sexual assault, rape, or any other activity of a criminal nature, the District shall notify appropriate law enforcement authorities and immediately initiate proceedings to remove the accused party from the situation.
If an investigation finds evidence of sexual harassment, the District shall implement remedial action necessary to eliminate its effects upon the victim and the school environment. Remedial action may include changes to school or District programs, offerings, facilities, rules, policies, or practices.
Intentionally false, malicious, or frivolous complaints of sexual harassment shall result in corrective or disciplinary action taken against the complainant.
Record Keeping
The Title IX Coordinator shall maintain a confidential record separate from the individual’s educational or personnel file that includes the complaint, response, witness statements, evidence, investigative report, written determination, any appeal and the result therefrom, and any informal resolution and the result therefrom for seven (7) years.
All student discipline issued for violations of this policy shall be documented by the Decision-maker on the District’s Student Information System. Consistent with the U.S. Department of Education Civil Rights Data Collection, the documentation must indicate that sexual harassment served as the basis for which the student was disciplined.
All complaints made under this policy involving a student must be documented by the Building Administrator on the District’s Student Information System. Complaints must be documented even if the investigation results in a finding that this policy was not violated. Consistent with the U.S. Department of Education Civil Rights Data Collection, the documentation must indicate that the violation constituted sexual harassment.
All complaints and allegations of sexual harassment shall be kept confidential except as necessary to carry out the investigation or take other subsequent necessary action.
Records of complaints and investigations shall be retained in accordance with applicable federal and state law.
Training; Dissemination of Policy
The District recognizes the importance of educating its employees and students regarding the prevention of sexual harassment and the observance of high ethical standards. To these ends, the District will provide ongoing training and education in this area. Notice of this policy will be distributed, and training will be conducted for employees and students of the District.
This policy may be posted on the District’s website and published in student registration materials, student and employee handbooks, parent information guides, and other appropriate school publications as directed by the District.
Board Directive Animals are prohibited in Jordan School District schools and administrative offices with exceptions for service animals and animals-in-training, for instructional purposes, or working dogs used by a law enforcement agency. The Board delegates to the District Administration responsibility for developing and administering this policy.
Administrative Policy
General Prohibition
Animals, including but not limited to pets and emotional support animals, are prohibited in Jordan School District schools and administrative offices except for:
Service animals as defined by the Americans with Disabilities Act (ADA);
Service animals-in-training. While Service Animals in training are not recognized under the ADAAA, Utah State Law §26B-6-803 provides those same rights of access for individuals who are training Service Animals.
A service-dog-in-training is a dog, accompanied by its trainer, that is undergoing individual training to provide specific disability-related work or service for an individual with a disability. This does not include obedience training or socialization of puppies who may later become Service Animals (generally 12-18 months). Thus, adult dogs are recognized as being “in training” to provide disability-specific assistance only after they have completed an earlier period of socialization (i.e., obedience training, being house broken, getting acclimated to public places and every day activities as pets).
Animals-in-training must be clearly identified (i.e., wearing a vest) and trainers shall notify the school’s administration in advance of the presence of a service animal-in-training.
During work and classroom hours, no more than one service animal-in-training is permitted on-site per employee or student.
Animals for instructional purposes as approved by the appropriate school administrator or Jordan School District (“District”) authority; and
Working dogs used by a law enforcement agency for law enforcement purposes.
Service Animals
The ADA defines service animals as those that are individually trained to provide work or perform tasks for an individual with a disability including a physical, sensory, psychiatric, intellectual, or other mental disability. This does not include animals for emotional support.
If animals meet this definition, they are considered service animals under the ADA, regardless of whether they have been licensed or certified by a state or local government.
Only dogs (and in some cases miniature horses) are recognized as service animals.
Service animals and service animals in training shall be leashed and remain under the owner’s or caretaker’s control at all times unless leashing prohibits the animal’s service function.
Dogs used as service animals and service animal-in-training shall maintain current dog licenses and required vaccinations including DHPP (Distemper, Adenovirus type 2, Parainfluenza, Parvovirus), Bordetella, and Rabies, as specified in local and state ordinances and laws.
Exclusion of service animals: The ADA/504 does not overrule legitimate safety requirements.
If admitting service animals would fundamentally alter the nature of a service or program, or create a safety issue for the animal and/or students/employees, service animals may be prohibited.
If a particular service animal is out of control and the handler does not take effective action to control it, or is not housebroken, that animal may be excluded.
Allergies and fear of the service animal are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to service animals’ dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom, they both shall be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
Process
A student or employee with a service animal or a service animal-in-training shall provide license and vaccination information and sign an acknowledgment of the Owner’s/School/District Responsibilities to the Office for General Counsel prior to bringing the service animal or animal-in-training on campus.
The Acknowledgement of the Owner’s/School/District Responsibilities shall be signed every academic year (for students, or calendar year (for employees) that the animal or animal-in-training is on the JSD campus.
The aforementioned records shall be maintained in the Office of General Counsel.
Service Animals on Campus—Owner’s Responsibilities
The owner is responsible for attending to and fully controlling the service animal at all times. A service animal shall have a harness, leash, or other tether unless a) the owner is unable to use a harness, leash, or tether, or b) using a harness, leash, or tether will interfere with the animal’s ability to safely and effectively perform its duties.
Owner is responsible for the care costs necessary for a service animal’s well-being. The arrangements and responsibilities with the care of a service animal are the sole responsibility of the owner at all times, including feeding, regular bathing, and grooming, as needed.
Owner is responsible for independently removing or arranging for the removal of the service animal’s waste.
Owner is responsible for complying with local and state licensing laws for animal rights and owner responsibilities.
Owner is responsible for paying for any damage to school or Jordan School District property caused by the animal.
Owner may register the service animal with the Voluntary Registry maintained in the main office. This registry is voluntary.
It is the responsibility of the service animal’s owner to update vaccination and license documentation
Service Animals at Jordan School District—School/District Responsibilities
Jordan School District may prohibit the use of service animals in certain locations due to health and safety restrictions or places where the animal might be in danger. Restricted areas may include, but are not limited to, food preparation areas, instructional laboratories, boiler rooms, and other areas prohibited by law.
Jordan School District must allow service animals to accompany their owners at all times and everywhere on campus where the general public (if accompanying a visitor) or other students (if accompanying a student) are allowed, except for places where there is a health, environmental, or safety hazard.
Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the service animal, or ask that the service animal demonstrate its ability to perform the work or task.
District employees, when appropriate, will only ask two questions about service animals, and may ask these questions only if the services or tasks performed are not visible.
Is the service animal required because of a disability?
What work or task is the animal trained to perform?
District employees, staff, and other students will not pet or feed a service animal or attempt to separate the animal from the owner.
District employees, staff, and other students will contact the Office of the General Counsel if there are any additional questions regarding students, employees, or visitors to campus who have service animals.
District employees will report any service animals who misbehave or any owners (or others) who mistreat their service animals to the school or District office administrator. The individual school or District office administrator will determine what qualities as “misbehavior” in consultation with the Office of General Counsel.
Voluntary Service Animal Registry
The service animal registry is completely voluntary. There is no mandatory obligation imposed on service animals to register with the school or District office, nor can there be a restriction of access at the school sites or District administration offices for service animals that are not registered. The voluntary registry is not to be confused with the process outlined in III. C. above
The voluntary service animal registry shall be maintained at the individual school (for students) and Jordan School District Human Resources (for employees). The registry shall contain the service animal owner's name, the name of the service animal, a copy of the current vaccinations/license, and contact information for the owner.
The voluntary service animal registry serves a public purpose, such as ensuring that District and school staff know to look for service animals during an emergency or evacuation process.
Service Animals-in-Training
In instances where requests are submitted for animals-in-training to be brought on-site, no more than one service animal-in-training is permitted on-site per employee or student.
Emotional Support Animals
Emotional support animals are not considered service animals because they are not trained to perform work or tasks specific to a person’s disability.
Emotional support animals are not generally permitted on District property.
Animal Use to Further Instructional Purposes
Animals used specifically to further an instructional purpose as part of District or school program may be permitted in Jordan School District schools and administrative offices when the animals are kenneled and handled in a way that does not pose a danger to anyone on site. Animals used to further instructional purposes may be out of a kennel when engaged in the instructional purpose.
Any injuries resulting from interaction with these animals shall be reported immediately to the main office for documentation. Injuries may also be subject to reporting with local or state agencies.
Requests to use an animal to further instructional purposes shall be made to the school administrator. Such requests shall be in writing and must include the pedagogical or curricular reasons why the animal shall be allowed on campus and the instructional purposes the animal serves.
The school administrator’s decision is final.
Incidents Resulting in Injury
If an incident occurs resulting in an animal-caused injury to students, employees, or members of the public, the main office shall be contacted to report all injuries (even minor ones) for documentation.
Each school or District office administrator may contact the Salt Lake County Animal Care and Control Unit for further instruction.
Oversight
Human Resources has oversight and monitoring responsibility for these processes as it pertains to paid and unpaid employees.
Employees shall work with Human Resources to resolve any concerns regarding this policy.
Employees may contact the Office of General Counsel for resolution if attempted resolutions with Human Resources are unsuccessful.
The District Compliance Office has oversight and monitoring responsibility for these processes as it pertains to students.
Students shall work with their school administration to resolve any concerns regarding this policy.
Students may contact the Office of General Counsel for resolution if attempted resolutions with school administration are unsuccessful.
Board Directive It is the policy of the Jordan School District Board of Education to include all parents and guardians in the educational process of their students, no matter the language. Communication and assistance will be provided to engage families in the educational process as a partner in the education of their student(s). The Board authorizes the Administration to develop and administer a policy consistent with Utah Code 53G-7-22 to provide services for English language learner students.
Administrative Policy In order to provide support to families with engagement in the event of language barriers, the policy shall be administered in accordance with the following administrative policy provisions:
Coordinating services for English language learner students within the District shall be the responsibility of Language and Culture Services.
The Title III Director and Coordinator will review the policy annually and determine the need for implementation and training. Communication with applicable stakeholders will occur as needed following the review.
Determination of Primary Language
Parents or guardians will document the primary language spoken during student registration.
If not English, the parent will be notified of rights for assistance to communicate with the school within 30 days of enrollment.
Within thirty (30) days of a student’s enrollment or re-enrollment, the LEA will make the determination of whether the student and parent require language assistance to communicate effectively with the school.
Language Access Plan
Using the student’s registration information, including the documented primary language, the District and schools will provide parents or guardians information regarding free translation or interpretation services, including but not limited to:
Contact information for translation and interpretation services
Resources on the website for translation and interpretation services
Interpretation services to parents and students who require such services to communicate with the LEA regarding critical information about their child’s education. Interpretation services can be provided at the site location, virtually, or by phone to meet parent needs.
Educators will receive an annual review of this policy, including the available translation and interpretation services.
The Title III Director or Coordinator will approve translators or Interpreters. The District’s approved provider should be used when needed.
Students under the age of 18 may not be used.
Family members over the age of 18 may be used at the parent’s request.
Employees should ensure parents know there are District-provided translation services at no cost to the parent.
Translation and interpretation shall be provided for, when appropriate and reasonable, but is not limited to:
School activities
Impromptu and scheduled office visits or phone calls
Enrollment or registration processes
IEP process
Student educational and occupational planning processes
Fee waiver processes
Parent engagement activities
Student disciplinary meetings
School community councils
School board meetings
Other school or district activities
Other interactions between the parents of a student learning English and educational staff
Utilizing the District’s translation and interpretation services to translate enrollment, academic and behavioral documentation, when appropriate and reasonable, may include but is not limited to:
Registration or enrollment materials, including primary language surveys and English learning program entrance and exit notifications
Report cards or other progress reports
Student discipline policies and procedures
Grievance procedures and notices of rights and non-discrimination
Parent or family handbooks
Requests for parent permission
Immunizations
Any other guidance to improve instruction and assistance by teachers, counselors, and administrators to a student learning English and the student’s parent or guardian and family
Translation of critical communication will include, but is not limited to:
Use of contracted interpreting services for on-site/over-the-phone interpreter
Work with schools to ensure critical communication is communicated with all parents
Student-specific critical information will be provided in the covered language for the following, but not limited to, a student’s:
Health
Safety
Legal or disciplinary matters
Entitlement to public education or placement in any special education, English language learner, or non-standard academic program.
Responding to Complaints
When a complaint for violation of this policy is submitted to the school principal, Title III Coordinator, or Civil Rights Coordinator, responses will follow established grievance procedures.
Documentation will include basic information:
Complainant’s name and address
The specific details and considerations of the complaint include but are not limited to the following:
What rights were violated – who, what, when, where, how, and how much
Witnesses (where relevant)
School or District’s alleged discrimination in full detail
Date of the alleged violation
Action and preferred language
Signature of the complainant
Documentation of resolution should include specific actions, timelines, and follow-up that was taken to resolve the complaint and by whom.
Board Directive The Board of Education seeks to provide every student with access to a high-quality learning environment that provides superior educational programming and supports student health and well-being. Board members recognize that at times there may be the need to reconsider the use of District buildings. The Board strives to maximize the efficient use of District facilities while balancing the effect that changes can have on students, families, employees, and communities. The Board of Education has the sole authority to consolidate or close Jordan District schools.The Administration is authorized to administer school consolidation and/or school closures under the direction of the Board.
Administrative Policy
When reviewing the use of District facilities, the Board of Education will consider applicable factors including but not limited to:
Need for significant investment in a building
Supplementing general teacher Full Time Equivalent (FTE)
Decreasing enrollment over time, building capacity, and enrollment of near-by schools
New opportunities or use for District needs
When changes are made, the priority of the Board is to provide students and staff with the opportunity to experience a smooth transition. If the Board decides to pursue consolidation or closure, the following conditions will be in place:
Teachers who are subject to policy DP327 NEG - Reduction in Licensed Staff will have access to the negotiated policy protections which include one year of substituting with benefits and guaranteed opportunity to interview.
Additional consideration will be given to the following possibilities:
Provide temporary transportation to ease transition.
Create a sense of ownership for all students at the receiving school(s) such as:
New name for school
New mascot
Building improvements
Additional programs
Have a plan for the use of the closed school that prioritizes a new opportunity or is utilized for District needs.
Bring in an outside entity to facilitate stakeholder conversations.
Timeline:
October/November
Enrollment, capacity and projection data provided to the Board by staff.
Staff provides Facilities Committee with information on schools that meet the trigger points and an initial analysis of the trigger point data:
Estimated costs associated with all short-term repairs, building lifespan needs over the next five (5) years, and/or addressing the structural safety issues is greater than 35% of the estimated cost of building a new school.
General teacher FTE supplemented to allow for two teacher options per grade level in an elementary school.
Enrollment is below 850 for a middle school.
Five-year enrollment projection data indicates the school will be at or below 50% of capacity and surrounding schools will be at or below 65% of capacity.
Facilities Committee notifies all Board members of schools being discussed and involves the Board member representing the affected school(s) in the discussions.
Facilities Committee will analyze trigger point data, school information, potential resolutions, and determine if further action is recommended.
March - June
Facilities Committee presents recommendation(s) to the Board.
Board reviews the recommendation(s) and identifies next steps.
If the Board determines further action is necessary, the potentially impacted areas will be identified.
If the Board determines no further action is necessary at this time, a timeline for re-evaluation will be established.
May/June
Provide notice to required groups of potential school consolidation or closure 120 days prior to final approval. Utah Code 53G-4-402(21)(a)
August/September
Feedback on options is received from patrons through open houses with stakeholders, surveys, and meetings with other focused stakeholders. (SCC, PTA, faculty, etc.)
October/November
Provide opportunity for public comment during at least two public school board meetings.
Hold a public hearing on the issue.
November/December
Final vote is held during a public general meeting by the Board of Education.
Approved changes take effect the subsequent school year unless noted by the Board.
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.
Administrative Policy
Ethical Behavior
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.
Outside Employment
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.
Political Activity
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 of Education recognizes the statutory requirement for individual school districts to administer the statewide assessment system to uniformly measure statewide student performance. The Board further recognizes the public investment in statewide assessments, and supports an orderly and manageable process to allow private and home school students to participate in public school achievement tests if desired, in accordance with R277-604. The Administration is authorized by the Board of Education to establish Administrative Regulations consistent with this policy.
Administrative Policy
It is the policy of the Administration to address parent requests for statewide testing of home school or private school students with the following administrative policy provisions:
has and makes available a written policy for maintaining and securing student records.
“Statewide Assessment” means:
the summative adaptive assessment of a student in grades 3 through 8 in basic skills courses;
the online writing assessment in grades 5 and 8;
a high school assessment in grades 9 and 10;
a statewide English Language proficiency assessment;
the college readiness assessment;
the summative adaptive assessment of a student in grades 1-3 to measure reading grade level using the end of year benchmark reading assessment; and
the summative adaptive assessment of a student in grades 1-3 to measure math grade level using the end of year benchmark math assessment.
Procedure for Statewide Assessments - Participation for Private Schools and Private School Students
Applications for participation in statewide assessments must be received by Evaluation, Research & Accountability at least forty-five (45) days prior to the opening of the applicable assessment window. Evaluation, Research & Accountability shall respond to the application in a timely manner.
Private schools that are interested in participating in statewide assessments must participate, at the school district’s discretion, in the public school district where the private school is located.
The number of private school students will be limited to space available after currently enrolled public school students have been accommodated.
In the event that a private school student has an IEP or 504 Accommodation Plan in place requiring special accommodations, it is the responsibility of the private school to indicate such at the time of the application. Evaluation, Research & Accountability shall review the requested accommodation(s) and determine the feasibility of the request. The private school shall be informed of the results of the determination prior to the testing date.
A private school may request the following from the school district in which it is located:
an annual schedule of statewide assessment dates;
the location at which private schools may be tested; and
written policies for private school student participation.
Private school students who are not Utah residents may participate in statewide assessments only by payment in advance of the full cost of individual assessments.
Evaluation, Research & Accountability shall provide reasonable costs for the participation of Utah private school students in statewide assessments to be paid in advance by either the student or the student’s private school.
Evaluation, Research & Accountability shall provide an explanation of reasonable costs including administration materials, scoring, and reporting of assessment results.
Evaluation, Research & Accountability shall provide notice to private school administrators of any required private school administrator participation in monitoring or proctoring of tests.
Assessment results will be delivered electronically to the email address of the private school administrator indicated in the application.
Procedure for Statewide Assessment Participation of Home School Students
The student must have completed and submitted an Annual Home School Affidavit and received a District Certificate of Exemption from Planning & Enrollment.
Applications for participation in statewide assessments must be received by the Evaluation, Research & Accountability department at least forty-five (45) days prior to the opening of the applicable assessment window. Evaluation, Research & Accountability shall respond to the application in a timely manner.
A home school student who desires to participate in statewide assessments must participate in the public school district in which the home school student’s parent or legal guardian resides.
In the event that a home school student has an IEP or 504 Accommodation Plan in place requiring special accommodations, it is the responsibility of the applicant/parent to indicate such at the time of the application. Evaluation, Research & Accountability shall review the requested accommodation(s) and determine the feasibility of the request. The applicant/parent shall be informed of the results of the determination prior to the testing date.
A home school student or parent may request the following from Evaluation, Research & Accountability in which the home school student or parent resides:
an annual schedule of statewide assessment dates;
the location at which the home school student may be tested; and
written policies for home school student participation.
The Jordan School District may not require a home school student to pay a fee that is not charged to traditional students.
Evaluation, Research & Accountability shall provide notice to home school students or parents of any required parent or adult participation in monitoring or proctoring of tests.
Assessment results will be delivered electronically to the email address of the student’s parent indicated in the
A benefit eligible employee shall be paid for contract days which the employee would otherwise have been under contract to work during the six-week maternity leave, but shall not be paid for non-contract days occurring during the maternity leave period.
Benefit-eligible employees shall receive two weeks of parent leave (ten contract days), to be taken during the first year of the child’s life, in addition to any other leave for which the employee is already eligible. A parent taking maternity leave is not eligible for parent leave.
Prior to granting maternity/parent leave days, an employee shall agree in writing to repay compensation at his/her daily rate of pay for maternity/parent leave used or granted if he/she terminates employment with the District for other than medical reasons before completion of the current contract year.*
Questions about how this policy applies to an individual family situation should be referred to Human Resources.
* The Board of Education voted on November 28, 2023, to make the effective revision date retroactive to July 1, 2023.
Board Directive
The Board recognizes that unique situations create circumstances where teachers will need to be hired and qualified for positions using Local Educational Agency (LEA)-specific licenses. The Board delegates to the Administration the responsibility for implementing policy for LEA-specific licenses in accordance with Utah State Board of Education (USBE) Rule R277-301.
Administrative Policy
Educator License and Endorsement Requirements
Jordan LEA License Eligibility Criteria
All applicants must:
Complete a bachelor's or higher degree in a related field of study; or
Have exceptional or specialized occupational experience, training, or expertise directly related to the area of assignment; and,
Complete a criminal background check including review of any criminal offenses and clearance in accordance with Rule R277-214; and,
Complete the educator ethics review described in Rule R277-500 within one calendar year prior to the application.
Jordan LEA Endorsement Eligibility
This authorization may be issued for a one to three-year period upon request from a District administrator for a licensed teacher (LEA, Associate, or Professional) who is not endorsed in the area of assignment.
Jordan LEA License or Endorsement Approval
The application must receive approval from the Jordan Board of Education in a public meeting no more than 60 days prior to employment and include:
Rationale for the appointment of a Jordan LEA-specific license or endorsement.
Verification that there is an inadequate supply of highly qualified and suitable licensed applicants in the license and endorsement area as demonstrated by posting the position for a reasonable period of not less than five days (not required for hourly applicants).
Applicants placed on Jordan LEA-specific licenses serve under temporary employment agreements.
A Jordan LEA-specific license area or endorsement is valid for up to three years. After three years, renewal of the license is subject to the approval or denial of the Utah State Board of Education.
A Jordan LEA-specific license expires immediately if the educator's employment with Jordan School District ends and the educator is not rehired by the District as an educator in the next contract year.
The District is not authorized to provide an LEA-specific educator license in the areas of:
Special Education
Preschool Special Education
The Jordan LEA-specific Educator Training, Mentoring, and Support
Within the first year of employment, the educator must complete the following training:
Educator ethics;
Classroom management and instruction;
Basic special education law and instruction; and
Utah Effective Teaching Standards described in R277-530.
The educator must participate in the District’s Mentoring Program.
The District shall provide at least a three-year mentoring program by a trained mentor educator who:
Holds a professional educator license; and
Where possible, performs substantially the same duties as the educator with release time to work as a mentor; or
Is assigned as an instructional coach or equivalent position.
The assigned mentor shall assist the educator to meet the Utah Effective Educator Standards established in Rule R277-530 but may not serve as an evaluator of the educator.
All employees, to include mentors, must promptly report educator misconduct in violation of policy DP378 Employee Code of Conduct.
The Applicant and the District will jointly develop an Associate Licensing Plan to:
Encourage transition from a Jordan LEA License to a Professional License.
Identify applicable educational, skill, and/or content knowledge requirements for enrollment in a qualified educator preparation program.
Identify paths and opportunities to prepare for successful passage of a pedagogical performance assessment.
Develop significant competency and knowledge sufficient to justify an extension request from the Utah State Board of Education for a continued Jordan LEA License if transition to an Associate License is not reasonable or applicable.
For each school that requests LEA-specific licenses, license areas, or endorsements, the following information shall be posted on its website:
Disclosure of the fact that the school employs individuals holding LEA-specific educator licenses, license areas, or endorsements
Percentage of LEA-specific licenses, license areas, or endorsements
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.
Administrative Policy
Definitions
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.
Procedures
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:
physical abuse;
verbal abuse;
sexual abuse; or
mental abuse.
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
sexual assault.
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.
Reporting
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.
Training
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.
Violations
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.
