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.
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.
Board Directive
Educational institutions are potential high-risk areas for transmission of vaccine-preventable diseases. While immunization is an important health requirement for students in District schools, it is equally important for staff in these settings and other District buildings to be protected against vaccine-preventable diseases. This policy is adopted in conformance with the Salt Lake County Health Department’s (health department) Health Regulation #38. The Board delegates to the District Administration the responsibility for developing and administrating the policy for employee immunizations.
Administrative Policy
Purpose
Utah law provides the health department, in the event of a case or an outbreak of a vaccine-preventable disease among District students or employees, with the authority to exclude from school and the workplace all susceptible persons, including students and employees, to prevent the spread of a communicable disease and to protect the public’s health. This policy is adopted to facilitate the timely identification of employees who must be excluded and to outline the details of their employment status during the period of exclusion.
Record of Immunization All employees are encouraged to maintain a record of immunization or immunity against the diseases listed in Section C for ready access in the event of an outbreak. In the event of an outbreak, District nurses will act as a liaison between the health department, school administration and impacted employee(s) who will be required to provide their record of immunization. Employees with no record on file, or whose record does not indicate immunization against the disease identified in an outbreak, may be excluded from the school or workplace until authorized by the local health department to return.
Recommended Vaccinations
The District will provide policy notification to employees during the new hire onboarding process and each year during the critical policy review. In accordance with the recommendation of the Utah Department of Health, all employees are encouraged to be vaccinated against the following:
Measles, Mumps, Rubella (MMR) – Employees born in or after 1957 must provide documentation of two (2) doses of the MMR administered at least one month apart, or proof of immunity.
Tetanus, Diphtheria, Pertussis (Tdap) – Employees must provide documentation of one (1) dose of the Tdap.
Varicella (Chicken Pox) – Employees must provide documentation of receiving two (2) doses of Varicella vaccine at least four (4) weeks apart or a physician diagnosis or personal recall of Varicella disease or proof of immunity.
Exemptions Except as otherwise provided, employees may claim an exemption to an immunization for 1) medical; 2) religious; or 3) personal reason(s), as allowed by Utah Code §53G-9-303. Each exemption claimed must be accompanied by the appropriate authorized health department exemption form.
Exclusion When the local health department verifies that a case or an outbreak of a disease listed in Section C has been identified at a school or other District location, the health department has the authority to exclude individuals from the workplace it determines pose a risk to the public health. Administrators should cooperate with health department personnel and District nurses to request records of immunization. If the health department determines that an employee must be excluded, the health department official or District nurse shall notify the school/building administrator and the Administrator of Human Resources. The District will take action according to the following provisions:
Communication with health department.
In the event an employee is excluded, school/building administrators and other District administrators shall communicate with health department officials regarding such issues as schedules, activities, and other information to mitigate the exclusion from unnecessarily disrupting school/building operation.
Excluded with a personal, medical or religious exemption form.
An employee who is excluded because the employee submitted a properly authorized exemption form shall be allowed to use his/her available leave as allowed by policy during the time of exclusion.
If a substitute teacher is needed, the District will cover the cost of the substitute during the time of exclusion.
Excluded with no immunization/immunity record or exemption form.
An employee who is excluded because the employee has been unable to provide a record of immunization/immunity or has not submitted a properly authorized exemption form shall be allowed to use his/her available leave as allowed by policy during the time of exclusion if the exclusion for an outbreak occurs before July 1, 2018.
If the exclusion for an outbreak occurs after June 30, 2018, the excluded employee shall not be allowed to use his/her available leave as allowed by policy, with the exception of Vacation or Personal Leave, during the time of exclusion.
If no Vacation or Personal Leave is available, the employee will be placed on unpaid administrative leave during the time of exclusion.
This unpaid leave will not count towards the 15 day leave of absence limit set forth in DP337 NEG or DP337B NEG.
If a substitute teacher is needed, the District will cover the cost of the substitute during the time of exclusion.
Board Directive This policy is adopted in conformance with the provisions of Nursing Mothers in the Workplace, Utah Code § 34-49-101 et seq and the Utah Antidiscrimination Act, Utah Code § 34A-5-101 et seq. The Board delegates to the District Administration the responsibility for developing and administering the policy for nursing mothers in the workplace and reasonable accommodations for pregnancy, childbirth, breastfeeding or related conditions.
Administrative Policy
Reasonable Breaks
With regard to a breastfeeding employee, the District shall provide, for at least one year after the birth of the employee’s child, reasonable breaks to accommodate the employee’s needs to breast feed or express milk. The District shall consult with the employee to determine the frequency and duration of the breaks. A break shall, to the extent possible, run concurrent with any other break period otherwise provided to the employee.
Private Location
The District shall provide for a breastfeeding employee a room or other location in close proximity to the breastfeeding employee's work area. The room or location may not be a bathroom or toilet stall. The room or location shall be maintained in a clean and sanitary condition, provide privacy shielded from the view of and intrusion from coworkers or the public, be available for the reasonable breaks as determined in consultation with the District and have an electrical outlet.The District is not required to provide a room or other location if compliance would create an undue hardship on the operations of the District by causing the District significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the District's operations.
Refrigerator or Freezer
The District shall provide access to a clean and well-maintained refrigerator or freezer for the temporary storage of a breastfeeding employee's breast milk. For any District employees who do not work in an office building, the District may instead provide a non-electric insulated cooler for storage of the breast milk.
Reasonable Accommodation
The District will provide a reasonable accommodation for an employee related to pregnancy, childbirth, breastfeeding or related conditions.
In considering a request for a reasonable accommodation, the District will require a certification from the employee’s health care provider concerning the medical advisability of a reasonable accommodation which must include:
the date the reasonable accommodation becomes medically advisable;
the probable duration of the reasonable accommodation; and
an explanatory statement as to the medical advisability of the reasonable accommodation.
The District is not required to permit an employee to have the employee’s child at the workplace for purposes of accommodations for pregnancy, childbirth, breastfeeding or related conditions.
Board Directive
The Board of Education recognizes the need for all administrative employees to have a vacation from their regular assigned positions. All contracted administrative employees are eligible to participate in the administrator vacation program. The Board delegates to the District Administration the responsibility for developing and administering the administrator vacation policy.
Administrative Policy The following administrative policy provisions shall be used for administering the administrator vacation policy:
Administrators will receive twenty (20) vacation days at the beginning of each contract year (frontloaded on July 1).
Administrators earn these days pro rata during the contract year.
Administrators hired after July 1 will receive a prorated number of vacation days that are available to be used on the day that the administrator’s contract begins (frontloaded). If an administrator resigns or is terminated prior to the end of the contract year, the vacation pay-out amount will be prorated based on the percentage of contract worked, and:
The employee will be compensated, at his/her daily rate (base pay only), for all earned vacation leave not used; or
The employee will be required to reimburse the District, at his/her daily rate (base pay only), for any unearned vacation leave taken.
Vacation days may not be accumulated from one year to the next. However, unused vacation days allowed for the previous year may be used through December 31 of the current year with approval of the immediate supervisor. After December 31, the vacation allowance may not exceed the days accrued for the current year. Any earned vacation over twenty (20) days not used prior to January 1 will be forfeited.
Generally, vacation leave is to be scheduled during off-peak work seasons. Employees must submit vacation leave requests, with reasonable advance notice, to their supervisor for approval.
School administrator vacation days are to be used when school is not in session (non-student days). Year-Round Education (YRE) administrators are exempted from this requirement.
School administrators, not including YRE administrators, may use up to five (5) of their vacation days when school is in session provided that the vacation leave is pre-approved by a supervisor. Taking three (3) or more vacation days in a row when school is in session requires approval fourteen (14) days in advance by the appropriate Administrator of Schools.
Board Directive The District’s Family and Medical Leave policy is designed to comply with the provisions of the Family and Medical Leave Act (FMLA), 29 USC 2601. This law entitles eligible employees to receive up to 12 workweeks of unpaid leave each school year (July 1–June 30) for serious medical conditions. An eligible employee shall be required to use accrued personal leave, family leave, sick leave, and vacation leave, as applicable, prior to the use of leave without pay for the family and medical leave period. The Board delegates to the Administration responsibility for establishing policy for Family and Medical Leave Benefits.
Administrative Policy The Family and Medical Leave policy shall be administered according to the following administrative policy provisions:
Definitions
An “eligible employee” means any employee who has been employed for at least 12 months by the District and worked for at least 1,250 hours during the 12-month period immediately preceding the commencement of leave.
The term “employment benefits” means all benefits provided by the District to its employees such as group life insurance, health insurance, disability insurance, sick leave, personal leave, vacation leave and pension or retirement benefits.
The term “eligible family member” means a spouse, son, daughter or parent of the eligible employee.
The term “spouse” is defined in accordance with applicable Utah State law.
The term “son or daughter” means biological, adopted, or foster child, a stepchild, or a legal ward, or a child of a person standing in loco parentis. A child is less than 18 years of age, or older than 18 years, but incapable of self-care due to mental or physical disability.
The term “parent” means the biological parent of the eligible employee or an individual who stands or stood in loco parentis to an employee when the employee was under 18 or incapable of self-care. This does not include parents-in-law.
The term “serious health condition” means an illness, impairment, or physical or mental condition that requires:
Inpatient care in a hospital, hospice, or residential medical facility; and any period of incapacity or subsequent treatment in connection with such inpatient care, or
Continuing treatment certified as required by a health care provider.
The term “health care provider” means:
Doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
Any person determined by the secretary of labor to be capable of providing health care services (§29 C.F.R.–825.118); or
Entitlement to Leave
An eligible employee is entitled to 12 workweeks of leave without pay each school year, (July 1–|June 30) in the event of any of the following:
The birth of a son or daughter of the employee and to care for that son or daughter;
The placement of a son or daughter with the employee for adoption or foster care;
An eligible family member has a serious health condition; or
The employee suffers from a serious health condition that makes the employee unable to perform the essential functions of the employee’s position.
Relation to Other Non-Paid Leave
Any employee who is entitled to unpaid leave under any other District policy shall be limited to the additional weeks of leave necessary to attain the total 12 workweeks of leave provided by this policy.
Relation to Other Leave
The District shall require the employee to use accrued personal leave, family leave, sick leave, and vacation leave, as applicable, before the use of leave without pay for the family and medical leave period. Existing District policy governing appropriate use of sick, personal leave, and vacation days are applicable. If an employee uses accrued compensatory time, that leave time may not be counted against the FMLA leave entitlement. The total family leave period, whether paid or unpaid, shall not exceed 12 workweeks.
Employee Leave Notice
Employees, or an appropriate representative, shall submit a request for family or medical leave 30 days in advance when the need for the leave is foreseeable, or as soon as possible in emergencies.
The District may designate FMLA leave after the fact only:
If the reason for leave was previously unknown, provided the reason for leave is made within two business days after the employee's return to work; and
The District has preliminarily designated the leave as FMLA pending medical certification.
Intermittent Leave
Leave due to a serious health condition of an employee or eligible family member may be taken intermittently or on a reduced schedule when medically necessary. The employee requesting intermittent leave or leave on a reduced leave schedule for planned medical treatment must develop a schedule with his or her immediate supervisor, and, based on input from the health care provider, meets the District’s needs without unduly disrupting the District’s operation. If an employee requests intermittent leave or leave on a reduced schedule for a foreseeable, planned medical treatment, the District may require the employee to transfer temporarily to an available alternative position with equivalent pay and benefits that better accommodates recurring periods of leave. The District will make the determination as to whether a position is an equivalent position.
Required Documentation
The District shall document leave requests which qualify as FMLA leave, and will designate any qualifying leave taken by employees as FMLA leave. All leave qualifying as FMLA leave shall be designated as such and shall be subject to all provisions of this rule. No other leave shall be granted until the employee has exhausted his/her 12-week entitlement under FMLA. The District shall notify the employee in writing of the designation of FMLA within two business days, or as soon as a determination can be made, that the leave requested qualifies as FMLA if the preliminary information is not sufficient to make such determination.
Written notice to employees shall include the following information:
That the leave will be counted against the employee’s annual FMLA entitlement.
Any requirements for the employee to furnish medical certification of a serious health condition and the consequences for not doing so.
A statement explaining that the employee will be required to exhaust unused personal leave, family leave, sick leave, and vacation leave, as applicable, before going into unpaid leave status.
Any requirement for the employee to make any premium payments to maintain health benefits and the arrangements for making such payments, and the possible consequences of failure to make such payments on a timely basis.
Any requirement for the employee to present a medical release before being restored to employment.
The employee’s right to restoration to the same or an equivalent job upon return from leave.
The employee’s potential liability for payment of health insurance premiums paid by the District during the employee’s unpaid FMLA leave if the employee fails to return to work after taking FMLA leave.
Spouses of Employees Employed by the District
In any case, where both husband and wife are employees of the District and both seek leave under this policy, such leave shall be limited to an aggregate 12 workweeks during any 12-month period if:
Leave is sought to care for a newborn daughter or son or the adoption of a daughter or son; or
Leave is sought to care for a sick parent.
If the leave is requested for either the husband’s or the wife’s own serious illness or the serious health condition of the couple’s son or daughter, the aggregate 12-workweek limitation in the FMLA does not apply.
Required Medical Certification for Leave
A certificate issued by a health care provider of the eligible employee or the eligible family member must support all requests for leave under this policy.
The Certificate: “Medical Certification Statement—Employee’s Own Serious Illness” or “Medical Certification Statement for Family Members,” shall be provided within 15 days after leave is requested.
A certificate is sufficient if it states:
the date on which the serious health condition commenced.
the probable duration of the condition
the appropriate medical facts regarding the condition
a statement that the serious medical condition prevents the employee from performing the essential tasks of the applicable employment position or that it requires the employee to attend and care for an eligible family member.
The District may require, at its option and expense, second or third certifications in support of a request for leave.
The District shall require recertification of the necessity for the family or medical leave at reasonable intervals, but not more than every 30 days, unless:
the employee requests an extension of leave.
circumstances described in the previous certification has changed significantly; or
the District receives information that casts doubt on the continuing validity of the certification.
Required Medical Certification for Return
All employees returning from leave caused by a serious health condition shall provide a certificate addressing the employee’s fitness for duty issued by a health care provider of the eligible employee.
The certificate shall be provided at least seven calendar days before the requested return date.
A certificate is sufficient if it states:
the employee is medically fit to return to work in the previous position.
the appropriate medical facts regarding the employee’s fitness to return to work.
a statement that the serious medical condition no longer prevents the employee from performing the essential tasks of the position.
The District may require, at its option and expense, second or third certification in support of a request to return to work.
Restoration of the Employee
An employee who takes a leave complying with the provisions of this policy is entitled upon return from leave to:
Be restored to the position held by the employee prior to leave; or
Be provided an equivalent position in terms of benefits, pay and other terms and conditions of employment.
A determination as to whether a position is an equivalent position will be made by the District.
Denial of Restoration
The District may deny restoration of status or equivalent position, if:
The denial is necessary to prevent substantial and grievous economic injury to the operations of the District.
The District notifies the employee that it intends to deny restoration when it determines that injury to the employee would occur.
The employee elects not to return to employment.
Effects on Benefits
During the family or medical leave period, the District shall continue to pay its portion of the employee’s group health insurance premium. An employee on family or medical leave must continue to pay his or her portion of the health insurance premium in order to keep coverage in effect.
Non-Accrual of Seniority
An employee is not entitled to the accrual of any seniority or employment benefits that would have accrued if not for the taking of family or medical leave. An employee who takes family or medical leave will not lose any seniority or employment benefits that accrued before the date leave began.
Failure to Return
If an employee fails to return to work after unpaid FMLA leave has ended, the District may recover, with certain exceptions, the health insurance premiums paid by the District on the employee’s behalf during unpaid leave. An employee is considered to have returned to work if he or she returns for at least 30 calendar days. An exception to this may be made if an employee’s circumstances change unexpectedly beyond their control during the leave period, which make them unable to return to work at the end of twelve workweeks. Medical certification is required.
Rules Applicable Near End of School Year
If the employee begins leave more than five weeks prior to the end of the school year, the District may require the employee to continue taking unpaid leave until the end of the school year if:
The leave requested is of at least three weeks duration; and
The return to employment would occur during the one-week period before the end of the school year.
Leave Less Than Five Weeks Prior to the End of School Year
If the employee begins leave for reasons other than a personal serious health condition which commences less than five weeks prior to the end of the school year, then the District may require the employee to continue to take unpaid leave until the end of the school year if:
The leave requested is of greater than a two-week duration; and
The return to employment would occur during the two-week period before the end of the school year.
Leave Less Than Three Weeks Prior to End of School Year
If the employee begins leave for reasons other than personal serious health conditions during the period that commences three weeks prior to the end of the school year and the leave is greater than five working days, then the District may require the employee to continue to take unpaid leave until the end of the school year.
Application for Leave
Forms for application and certification of FMLA are available in the Department of Human Resources office. Medical records created for the purpose of FMLA and the Americans with Disabilities Act must be maintained in a separate, confidential file.
Posting of Notice
A notice of rights under this policy, approved by the Secretary of Labor, shall be posted by the District in a conspicuous place on school or District office premises.
Board Directive The Board of Education recognizes that, under extenuating circumstances, an employee of the District may request termination of his/her contract, that the appropriate office of the District may request the termination of a contract, and that by mutual agreement between the District and the employee, an employee's contract may be terminated. The Board delegates to the Administration the responsibility for developing policy regarding resignations for administrators.
Administrative Policy
Proper notice of resignation in writing shall be submitted through the Administrator of Schools to the Human Resources Department. This notice will begin when received by the Human Resources Department. The resignation policy shall be administered in accordance with the following administrative policy provisions:
Employees are expected to adhere to the conditions of the contract until it has been terminated legally or by mutual consent.
Provided verification is received by the Human Resource department, the employee may be released from the contract at any time for reasons such as maternity or adoption of a child, transfer of spouse, military service, illness, etc. and will not be assessed the $500 fine.
When requesting contract termination, licensed personnel must notify in writing, their Administrator of Schools and the Human Resource department via Employee Access with at least sixty (60) days written notice. Failure to give such notice will result in an assessment of $500 to be deducted from the last paycheck and may result in the attachment of a letter that precludes future employment with the District.
Employees resigning during the contract year will be assessed 50% of the daily rate of a licensed employee on salary level one for any leave days used during the last sixty (60) days of their employment except in the case of an immediate, verified medical reason or emergency.
Employees resigning/retiring at the end of the current contract year, who give official notification of resignation/retirement through Employee Access prior to the published timeline, will be eligible for a monetary incentive according to the timeline and incentive approved by the Board. This incentive will be paid on the last regular paycheck.
Board Directive Board of Education believes all employees are role models for students and is committed to providing a safe and secure educational and working environment for students and employees. As part of this effort, the District requires criminal background checks of licensed and non-licensed employees pursuant to Utah Code Ann. §53E-6-401, and Utah Code 53G-11-402, rules, and regulations, and in accordance with this policy. The Board delegates to the Administration the authority to establish policy regarding employment background checks.
Administrative Policy
Definitions
“Licensed Educators” or “Licensed Employees” are individuals who hold a valid Utah educator license and have satisfied all requirements to be a Licensed Educator in the Utah public school system or is on a Letter of Authorization from the Utah State Board of Education (USBE) (i.e., school teachers, school administrators, psychologists, counselors, specialists, licensed substitute teachers, etc.). Licensed Educators may or may not be employed in a position that requires an educator license. Licensed Educators include individuals who are student teaching, who are involved in an alternative route to licensure program or individuals who hold District specific licenses.
“Non-Licensed Employees” - For purposes of this policy, non-licensed employees includes all education support professionals, both full-time and part-time, miscellaneous employees, substitutes, coaches, advisors, nurses, volunteers with significant unsupervised access to students, etc.
“Criminal History Report” is a document generated by the Utah Bureau of Criminal Identification (BCI) and/or Federal Bureau of Investigation (FBI) after a fingerprint-based search of the state and national criminal history files and/or other state and federal databases designated by applicable law or by the District.
“Background Check” means information on an applicant or employee that may include, but is not limited to, employment history, fingerprint scans, Criminal History Reports, and driving record reports.
“Prospective Employee” is defined as the individual who is selected as the “successful applicant” for a particular position in the District. Prospective Employee also includes, but is not limited to, substitutes, coaches and volunteers who have significant unsupervised access to students. (Utah Code 53G-11-402).
“Offense against a person” means a violation under Utah Code Title 76, Chapter 5 or Chapter 5b, a related inchoate offense under Utah Code Title 76, Chapter 4, and any offense under federal law or the laws of another state that is substantially equivalent to these offenses.
“Sex offense” includes any sex-related offense against a person, a violation of Utah Code 76-9-702, 76-9-702.1, or 76-9-702.5, any offense which would require registration as a sex offender under Utah Code 77-41-105(3) and any offense under federal law or the laws of another state that is substantially equivalent to these offenses,
Employment Screening
Utah law requires background checks on all prospective employees. Accordingly, the District requires each prospective employee to submit to a background check prior to employment or service in the District. However, the prospective employee may begin working or volunteering while the background check is in process.
The District will pay the cost of the background check. The background check is a condition of employment or volunteering if:
the prospective employee is selected as the “successful applicant” for the particular job or volunteer position; and
the prospective licensed employee has not been the subject of a background check of similar scope during the preceding two (2) years that was requested by the USBE.
Volunteers with significant unsupervised access to students must also complete a background check.
The prospective employee will be considered an at-will, temporary employee pending results of the criminal background check. The District may require additional information from the prospective employee. If the prospective employee begins an at-will temporary position and subsequently fails to pass the criminal background check, the offer of employment with the District will be rescinded or the prospective employee will be dismissed. Upon successful completion of the background check, the at-will employee’s job status would change to a provisional employee as outlined in District policies, if applicable.
The prospective employee shall have the opportunity to respond in writing to any information received as a result of the background check. In no case will the prospective employee be given a copy of the Criminal History Report. The prospective employee may be given the opportunity to expunge the conviction(s) as outlined in the BCI expungement guidelines.
Prospective employees with the following types of convictions or pleas will not be considered for employment, regardless of expungement eligibility:
any felony sex offense or felony offense against a person;
any violent felony as defined in Utah Code 76-3-203.5(1)(c), or felony inchoate offense under Utah Code Title 76 Chapter 4 relating to such a felony and any offense under federal law or the laws of another state that is substantially equivalent to these offenses;
any felony alcohol-related offense or felony drug-related offense occurring in the previous fifteen (15) years;
any sex offense occurring in the previous twenty (20) years;
any class A misdemeanor offense against a person occurring in the previous fifteen (15) years;
any offense related directly to the essential functions of the prospective employee’s position occurring in the previous ten (10) years.
Prospective employees with the following types of convictions or pleas (which are not otherwise identified in Section 5 to preclude employment) may only be considered for employment at the approval of the Superintendent and notification to the Board in a closed meeting:
any felony;
two or more class A misdemeanor offenses occurring in the previous ten (10) years.
Upon written request by the prospective employee to review the background check, the matter shall be submitted for an administrative review. The prospective employee shall be granted an informal review at which the prospective employee may present documentary and/or verbal evidence for review and reconsideration. The decision of the administration regarding this review shall be final.
If a prospective employee is denied employment due to information obtained through a criminal background check, the prospective employee shall be given written notice of reasons for denial and shall have the opportunity to respond to the reasons in writing and to have an informal administrative review as set forth in section B. 7. of this policy. If a current employee is dismissed from employment because of information obtained through a background check, the District will follow the procedures as outlined in District Policy DP316 NEG Licensed, DP316A Administrators, or DP316B Education Support Professionals.
Each current employee and prospective employee must agree to have his/her fingerprints taken and sign a document of acknowledgment and waiver permitting the District to request a background check of any state or federal criminal history file that the District might deem applicable as a condition of employment or volunteering. Student employees under the age of eighteen (18) years are not required to be fingerprinted.
Licensed Employees—Background Checks
The District shall conduct background checks for all Licensed Employees between January 1 and June 30 in the year in which their licenses are to be renewed through USBE.
A licensed employee who is arrested, cited or charged for any of the following alleged offenses shall report the arrest/citation/charge to the Administrator of Human Resources, or his/her designee, within forty-eight (48) hours or the next business day, whichever is greater:
any matters involving arrests for alleged sex offenses;
any matters involving arrests for alleged drug-related offenses;
any matters involving arrests for alleged alcohol-related offenses;
any matters involving arrests for alleged offenses against the person. This includes, but is not limited to, crimes where a person has assaulted, harassed, abused, neglected, exploited, endangered, kidnapped, murdered, trafficked, raped, sexually assaulted, etc. another person(s); and
any matters relating to arrests for violations of the vehicle code for employees who drive motor vehicles as an employment responsibility.
A licensed employee shall report all convictions, including pleas in abeyance and diversion agreements, to the Administrator of Human Resources, or his/her designee, within forty-eight (48) hours or the next business day, whichever is greater.
A licensed employee will be immediately suspended from student supervision responsibilities for alleged sex offenses and other alleged offenses which may endanger students during the period of investigation.
A licensed employee will be immediately suspended from transporting students or driving a public education vehicle for alleged offenses involving alcohol or drugs during the period of investigation, and where reasonable cause exists, an existing employee must submit to a background check.
The District will provide adequate due process for the accused employee consistent with Utah Code 53G-11-202 and applicable administrative procedures established by the District.
The Superintendent or his/her designee shall report a conviction, arrest, or offense information received from a licensed educator to the USBE within forty-eight (48) hours of receipt of information from licensed educators. This will be reported on the USBE electronic reporting link on the USBE website, and where reasonable cause exists, an existing employee must submit to a background check.
Records of arrests and convictions shall be placed in the employee’s personnel file upon receipt by the District and will:
include final Administrative determinations and actions following investigation; and
be maintained only as necessary to protect the safety of students and/or employees and with strict requirements for the protection of confidential employment information.
Any failure to report an arrest/citation/charge or conviction required in this policy or failure to authorize the District to conduct a background check will result in disciplinary action, up to and including termination for cause pursuant to the District’s Orderly Termination Policy (DP316 NEG or DP316A).
Non-Licensed Employees—Background Checks
The District shall conduct background checks for all Non-Licensed Employees. The District will pay the applicable background check fee.
A non-licensed employee who is arrested, cited or charged for any of the following alleged offenses shall report the arrest/citation/charge to the Administrator of Human Resources, or his/her designee, within forty-eight (48) hours or the next business day, whichever is greater:
any matters involving arrests for alleged sex offenses;
any matters involving arrests for alleged drug-related offenses;
any matters involving arrests for alleged alcohol-related offenses;
any matters involving arrests for alleged offenses against the person. This includes, but is not limited to, crimes where a person has assaulted, harassed, abused, neglected, exploited, endangered, kidnapped, murdered, trafficked, raped, sexually assaulted, etc. another person(s); and
any matters relating to arrests for violations of the vehicle code for employees who drive motor vehicles as an employment responsibility.
A non-licensed employee shall report all convictions, including pleas in abeyance and diversion agreements, to the Administrator of Human Resources, or his/her designee, within forty-eight (48) hours or the next business day, whichever is greater.
A non-licensed employee will be immediately suspended from student supervision responsibilities for alleged sex offenses and other alleged offenses which may endanger students during the period of investigation.
A non-licensed employee will be immediately suspended from transporting students or driving a public education vehicle for alleged offenses involving alcohol or drugs during the period of investigation, and where reasonable cause exists, an existing employee must submit to a background check.
The District will provide adequate due process for the accused employee consistent with Utah Code 53G-11-202 and applicable administrative procedures established by the District.
The Administrator of Human Resources, or designee, shall review arrest or conviction information and make employment decisions that protect both the safety of students and/or employees and the confidentiality and due process rights of employees.
Records of arrests and convictions shall be placed in the employee’s personnel file upon receipt by the District, and will:
include final administrative determinations and actions following investigation; and
be maintained only as necessary to protect the safety of students and/or employees and with strict requirements for the protection of confidential employment information.
Any failure to report an arrest/citation/charge or conviction required in this policy or failure to authorize the District to conduct a background check will result in disciplinary action, up to and including termination for cause pursuant to the District’s Orderly Termination Policy (DP316 NEG or DP316A).
District Responsibilities
When arrest/conviction information is received by the District regarding a Licensed Employee, the Superintendent or his/her designee shall review that information and assess the employment status consistent with Utah Code 53E-6-604, Utah Administrative Code, R277-215, and District policy. The District will also report the arrest to the USBE within forty-eight (48) hours.
When arrest/conviction information is received by the District regarding a Non-Licensed Employee, the Superintendent or his/her designee shall review that information and assess the employee's employment status consistent with applicable Utah law, rules, regulations, District policy, and any applicable Employment Agreements or Memorandums of Understanding.
The District shall provide appropriate training to Licensed and Non-Licensed Employees about the provisions of this policy for self-reporting and ethical behavior.
