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Tag: Abuse

Published on
  • Effective:  9/24/2019
  1. 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.
  2. Administrative Policy
    1. Definitions
      1. Staff Member: an employee, contractor or volunteer with unsupervised access to students.
      2. Student: a child under the age of 18 or over the age of 18 if still enrolled in a public secondary school.
      3. 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.
        1. A boundary violation may include the following, depending on the circumstances:
          1. Isolated, one-on-one interactions with a student out of the line of sight of others;
          2. Meeting with a student in rooms with covered or blocked windows;
          3. Telling risqué jokes to, or in the presence of a student;
          4. Employing favoritism to a student;
          5. Giving gifts to individual students;
          6. Staff member initiated frontal hugging or other uninvited touching;
          7. Photographing an individual student for a non-educational purpose or use;
          8. Engaging in inappropriate or unprofessional contact outside of educational program activities;
          9. Exchanging personal email or phone numbers with a student for a non-educational purpose or use;
          10. Interacting privately with a student through social media, computer, or handheld devices; and
          11. Discussing an employee’s personal life or personal issues with a student.
        2. A boundary violation does not include:
          1. Offering praise, encouragement, or acknowledgment;
          2. Offering rewards available to all who achieve;
          3. Asking permission to touch for necessary purposes;
          4. Giving a pat on the back or a shoulder;
          5. Giving a side hug;
          6. Giving a handshake or high five;
          7. Offering warmth and kindness;
          8. Utilizing public social media alerts to groups of students and parents; or
          9. Contact permitted by an IEP or 504 plan.
      4. 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.
      5. Sexual Conduct: includes any sexual contact or communication between a staff member and a student including but not limited to:
        1. Sexual Abuse: the criminal conduct described in Utah Code Ann. 76-5-404.1(2) and includes, regardless of the gender of any participant:
          1. Touching the anus, buttocks, pubic area, or genitalia of a student;
          2. Touching the breast of a female student; or
          3. Otherwise taking indecent liberties with a student; with the intent to:
            1. cause substantial emotional or bodily pain; or
            2. arouse or gratify the sexual desire of any individual.
        2. 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
        3. A staff member and student sharing any sexually explicit or lewd communication, image, or photograph.
    2. Procedures
      Staff members shall act in a way that acknowledges and reflects their inherent positions of authority and influence over students.

      1. 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.
      2. A staff member may not subject a student to any form of abuse including, but not limited to:
        1. physical abuse;
        2. verbal abuse;
        3. sexual abuse; or
        4. mental abuse.
      3. A staff member shall not touch a student in a way that makes a reasonably objective student feel uncomfortable.
      4. A staff member shall not engage in any sexual conduct toward or sexual relations with a student including, but not limited to:
        1. 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;
        2. sexual battery; or
        3. sexual assault.
      5. Staff member communications with students, whether verbal or electronic, shall be professional and avoid boundary violations.
      6. A staff member shall not provide gifts, special favors, or preferential treatment to a student or group of students.
      7. 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.
      8. 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.
      9. 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.
      10. 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.
      11. A staff member shall cooperate in any investigation concerning allegations of actions, conduct, or communications that if proven, would violate this policy.
      12. 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.
      13. Conduct prohibited by this policy is considered a violation of this policy regardless of whether the student may have consented.
    3. Reporting
      1. 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.
      2. 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:
        1. 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;
        2. 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
        3. 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;
        4. 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.
      3. 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.
      4. 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.
    4. Training
      1. 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.
      2. 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.
      3. All employees will receive video training annually as part of the crucial policy review.
    5. 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.

REFERENCES

Utah Code Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting Requirements
Utah Code Section 53E-6-701, Mandatory Reporting of Physical or Sexual Abuse of Students
Utah Admin. Code R277-401, Child Abuse-Neglect Reporting by Education Personnel
Utah Admin. Code R277-515, Utah Educator Professional Standard
Utah Admin. Code R277-322, LEA Codes of Conduct
Utah Code Section 63G-7-301, Waivers of Immunity
Utah Code Section 76-5-401.1, Sexual Abuse of a Minor
Utah Code Section 76-9-702.1, Sexual Battery

Published on
  • Effective: 1/7/03
  • Revision: 10/29/2024
  • Reviewed: 5/28/13
  1. Board Directive
    The Board of Education is committed to providing an employment environment that is free from unlawful harassment and other forms of unlawful discrimination based upon race, color, sex, pregnancy, childbirth or pregnancy-related conditions, religion, national origin, age (if the individual is 40 years of age or older), disability, sexual orientation or gender identity.  It is the intent of this policy to prohibit discrimination or harassment against any individual or class of persons specifically enumerated as protected under the Civil Rights Acts of the United States and the Utah Anti-Discrimination Act (UCA §34A-5-101 et seq.).  It is not the intent of this policy to broaden coverage beyond those classifications specifically protected by federal or state statute.  The responsibility for policy regarding employee discrimination and harassment is delegated to the District Administration.
  2. Administrative Policy
    This policy is adopted to assist Jordan School District employees in moving toward a workplace that is free of unlawful discrimination or harassment.  It is the policy of Jordan School District to provide fair, expeditious and uniform procedures for investigation and resolution of claims of unlawful discrimination or harassment.

    1.  Definitions
      1. Clearly Offensive Conduct:  That conduct, be it verbal or nonverbal, which when perceived in its overall context, would be taken by a reasonable person, similarly situated, to be strongly objectionable.
      2. Complainant:  A person who files a written or oral complaint about unlawful discrimination or harassment.
      3. Compliance Officer: Person or persons designated by the Superintendent to receive and process complaints of unlawful discrimination or harassment (harassment or discrimination based on membership in a protected category, i.e., race, color, sex, pregnancy, childbirth or pregnancy-related conditions, religion, national origin, age (if the individual is 40 years of age or older), disability, sexual orientation or gender identity).
      4. Demeaning or Derisive Behavior:  Unlawful behavior which substantially lowers the status, dignity or standing of another individual, or which insults or otherwise belittles or shows contempt for another individual.
      5. Disability:  An individual's physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.
      6. Discrimination: Conduct, including words or gestures and other actions, which adversely affects an employee’s working environment or results in disparate treatment based upon membership in a protected category (i.e. race, color, sex, pregnancy, childbirth or pregnancy-related conditions, religion, national origin, age (if the individual is 40 years of age or older), disability, sexual orientation or gender identity.  Discrimination does not include referral to or use of regular District Administration processes relating to employee evaluation and discipline.
      7. Harassment: A form of discrimination that includes unlawful conduct of an offensive nature that is demeaning or derisive or occurs substantially because of the employee’s membership in a protected category (i.e., race, color, sex, pregnancy, childbirth or pregnancy-related conditions, religion, national origin, age (if the individual is 40 years of age or older), disability, sexual orientation or gender identity) and which creates a hostile work environment.  Harassment may include but is not limited to any of the three categories listed below:
        1. Generalized Harassment:  Includes intentional behavior directed at an entire group which is based on demeaning or derisive stereotypes, and is severe enough that it creates a hostile working environment. Examples include comments or jokes, physical gestures, or visual displays such as posters, etc.
        2. Individually Targeted Harassment:  Includes intentional, criminal or non-criminal behavior that is targeted at an individual or particular members of a group, which can be verbal, physical, or visual that is severe enough or pervasive enough that it adversely affects the working environment. Examples include negative or offensive comments, jokes, suggestions, or gestures directed to an individual's or group's race, ethnicity or national origin.
        3. Criminal Harassment:  Harassing behavior which violates state or federal criminal statutes. Examples include criminal assault, sexual assault, rape, criminal mischief, stalking, arson, or trespass.
      8. Respondent:  A person named in a discrimination or harassment complaint as having engaged in or being responsible for a discriminatory or harassing act or omission.
      9. Retaliation:  Any form or sanction, restraint, coercion, discrimination, harassment, or adverse treatment against a person because that person has asserted, or has assisted another person to assert, a discrimination or harassment complaint in either a formal or informal manner with the District, or with any state or federal agency, or because that person has testified, assisted or participated in any manner in an investigation, proceeding or hearing related to a discrimination or harassment complaint.
      10. Sexual Harassment: All complaints of sexual harassment should be directed first to the Title IX Coordinator for a preliminary jurisdictional review. If the complaint falls under Title IX jurisdiction, it shall be addressed through policy AA452 — Title IX Sexual Harassment. If it does not fall under Title IX jurisdiction, the complaint shall be dismissed for purposes of Title IX and directed back to Human Resources for investigation pursuant to this policy.
        Sexual harassment is a form of sex discrimination.  It consists of unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature that is based on one or more of the following conditions:

        1. Submission to such conduct is made either explicitly or implicitly as a term or condition to work benefit.
        2. Submission to or rejection of such conduct by a co-worker is used as the basis for decisions affecting the work environment.
        3. Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment.
        4. Sexual harassment includes:
          1. Hostile Environment:  The three levels of hostile environment are the same as those listed above in 7. a.-c.; e.g., generalized harassment, individually targeted harassment, and criminal harassment.
          2. Harassment which culminates in a tangible action which alters the conditions of the working environment (previously called quid pro quo).
    2. Complaint Procedure
      1. The following options are available for those who believe they are victims of discrimination or harassment, or who witness such acts:
        1. Seek to resolve issue through a supervisor or administrative personnel.
        2. Report the concern by calling the District Non-Compliance Hotline or completing the form on the District Non-compliance webpage.
        3. Register a formal complaint with the District Compliance Officer who will initiate an initial assessment and possible investigation.
      2. Any employee who knows of a violation of this policy must report such conduct to a supervisor, administrator, or the District Compliance Officer.
      3. The initial allegation of discrimination or harassment may be submitted either verbally or in writing to the immediate supervisor/administrator. A complaint made to the District Compliance Officer must be in writing.
    3. Investigative Procedures
      1. Initial Assessment: When any complaint is filed under this policy or when a complaint is referred through this policy from the Title IX Team, an initial assessment is conducted to determine whether the reported conduct falls under the scope of this policy.
        1. This assessment involves a preliminary review of the details provided in the complaint to decide if the alleged conduct, if proven true, would constitute a violation of this policy.
          1. If the alleged conduct would not (even if proven true) constitute a violation of this policy, the matter will be dismissed in favor of Human Resources assistance, such as mediation or other policy involvement.
          2. If the alleged conduct would constitute a violation of this policy, the matter will be assigned for investigation.
      2.  If an investigation reveals evidence of criminal conduct, the matter will be referred to local law enforcement for criminal investigation.  The District will conduct its own internal investigation independent of law enforcement officials to determine whether District policy was violated.
      3. All investigations will be treated with discretion to protect the privacy of those involved. All efforts will be made to treat the information as confidential; however, absolute confidentiality of all information obtained through an investigation cannot be guaranteed.
      4. The respondent (person alleged to have engaged in the reported conduct) may not contact the complainant during an investigation without the permission of District.
      5. When conducting investigations, the District Compliance Officer shall disclose his/her role as a neutral investigator rather than an advocate for any party. The extent of the investigation will be determined, among other factors, by the nature and severity of the charges.
      6. An investigation shall be completed with fairness and reasonable speed, typically within 30 working days of receipt of the complaint, unless extenuating circumstances require a longer period.
      7. After the conclusion of the investigation, the District Compliance Officer shall provide all parties a written disposition of the complaint.
      8. The parties will then have 10 working days to provide written responses to the report and have them considered by the District Compliance Officer.
    4. Disciplinary Procedures
      Any employee who has been found in violation of this policy will be subject to the following disciplinary procedures:

      1. A first substantiated offense, if minor in nature, will result in a written reprimand to be entered in the employee's personnel file.  Should the first offense be determined to be of a serious nature, the employee will be subject to disciplinary action up to and including termination in accordance with District Policy DP316 NEG – Orderly Termination Procedures.
      2. A second substantiated offense shall result in  disciplinary action up to and including termination in accordance with District Policy DP 316 NEG – Orderly Termination Procedures.
    5. Retaliation
      Retaliation under this policy is prohibited.  Individuals found to have engaged in retaliatory conduct will face disciplinary action, up to and including termination in accordance with District Policy DP316 NEG– Orderly Termination Procedures.
    6. Records
      Records of all discrimination or harassment complaints shall be maintained by the District. Information gathered, developed, and documented in the investigation will be classified as a protected record.
    7. Outside Reporting Procedures
      Nothing in this policy shall prohibit a person from filing a discrimination or harassment claim with Utah Anti-Discrimination and Labor Division (UALD) or the Equal Opportunity Commission (EEOC).  If an employee pursues a claim of discrimination or harassment, he/she should be aware that Utah is a “dual filing” state, which means that a complaint filed with the UALD will be forwarded to the EEOC.  An employee has 180 calendar days from the alleged date of discrimination or harassment to file a claim with the UALD.

Published on
  • Effective: 2/23/1988
  • Revision: 6/22/2004
  • Reviewed: 4/26/2013
  1. Board Policy
    The Board recognizes that employees should not be subject to abuse in the workplace, and delegates to the District Administration responsibility for developing guidelines for handling incidents of verbal and physical abuse.
  2. Administration Policy
    Abuse will be considered any verbal or physical conduct which places an employee at risk or in fear of personal safety including verbal or physical threats, gross profanity, intimidating gestures, or physical contact such as kicking, striking, pushing, or physically assaulting with or without a weapon. Abusive conduct, physical or verbal, will not be tolerated.
    Guidelines

    1. Procedures for handling abuse/assault incidents.
      1. Employees will take appropriate precautionary measures to avoid abuse/assault incidents.
      2. If an abuse/assault incident occurs, abused employees will immediately notify their immediate supervisor.
      3. The immediate supervisor will conduct an initial evaluation of the incident, requesting assistance from his/her division administrator, Jordan District police officers or other police officers as appropriate.
        1. In cases of abuse/assault or threatened abuse/assault, an employee may be removed from the building until the immediate supervisor determines it is safe for the employee to return.
        2. Employees who are removed from a building for safety reasons shall be placed on leave with pay.
        3. Paid leave taken for safety reasons does not impact the individual's other leave benefits.
      4. Statements will be taken from all parties involved and from witnesses to the incident.
      5. Related evidence will be gathered or recorded photographically.
      6. Victims of physical abuse will undergo a physical examination by a qualified physician at district expense even if injury is minimal.
      7. The district will make restitution to an employee for verifiable damage or loss of personal property to the extent the district's liability insurance provides such coverage.
      8. Employees whose clothing, glasses, or other items worn upon the body are damaged or destroyed as the result of an assault shall be reimbursed for verifiable damages.
    2. Disposition of abuse/assault incidents
      1. All incidents of employee abuse will be reported to the District compliance officer.
      2. The District compliance officer will be responsible to follow through with the case and take the necessary steps to assure that the issue is resolved and appropriate disciplinary policies and procedures are implemented.

Published on
  • Effective: 5/23/1978
  • Revision: 11/11/1986
  • Reviewed: 5/28/2013
  1. Board Directive
    Utah law requires the reporting of child abuse and neglect by any person who has reason to believe that a child has been abused or neglected.  To implement this law, the Board authorizes the District Administration to develop procedures for school employees to comply with the Child Abuse Reporting Law – Duty to Notify (Utah Code 62A-4a-403) and Child Abuse – Neglect Reporting by Education Personnel (Board Rule 277-401).
  2. Administrative Policy
    1. The Administration recognizes that in order to fully implement the law on reporting of child abuse and neglect, school personnel must be fully informed and made aware of their responsibilities in this area.  Therefore, the Administration shall cause that any school employee who knows or reasonably suspects that a child's health or welfare has been or appears to have been harmed as a result of abuse and neglect shall report and cause reports to be made in accordance with the procedures in this policy.
    2. The Administration shall provide to school employees annual training on the subject of identifying and reporting children suspected of being abused or neglected.
    3. The Administration shall post the District's procedures for reporting suspected child abuse or neglect and the District's Report of Child Abuse-Neglect form.   Reporting information is located in the Planning and Student Services Manual.
    4. If a school employee knows or reasonably suspects that a child is being abused or neglected, the employee shall immediately make an oral report to the school principal or his/her designee.  Together, the principal or his/her designee and the employee must make immediate contact with the nearest peace officer, local law enforcement agency, or Division of Family and Child Services (DCFS) to report the suspected abuse or neglect.
    5. Within 24 hours after making the oral report to the school principal and reporting the suspected abuse or neglect to local law enforcement agency, the school employee initiating the report shall complete and give to the principal or his/her designee the District's Report of Child Abuse-Neglect form available from the principal.
    6. Upon receiving the District's Report of Child Abuse-Neglect form, the principal or his/her designee shall:
      1. Forward a copy within 24 hours to the local law enforcement agency receiving the oral report.
      2. Mail one copy within 24 hours to the Department of Planning and Student Services to be put in the Child Abuse-Neglect file at the District Office.
      3. Place one copy of the Report of Child Abuse-Neglect form in a confidential file to be maintained by the principal or his/her designee.  The Report of Child Abuse-Neglect form shall not be placed in the child's personal file.
    7. It is not the responsibility of the school employee to:  (1) prove that the child has been abused or neglected, or (2) determine whether the child is in need of protection.
    8. School employees shall not make contact with the child's family or other persons (relatives, friends, neighbors, etc.) for the purpose of determining the cause of the injury and/or possible neglect.
    9. School employees are immune from any civil and/or criminal liability when reporting in good faith suspected child abuse or neglect.  (Board Rule R277-401-3)
    10. District policies shall ensure that the anonymity of those reporting or participating in the investigation of the alleged child abuse or neglect is preserved in a manner required by Utah Code §62A-4a-412.
    11. Any school employee who willfully fails to report a case of suspected child abuse or neglect, may face legal and/or disciplinary action.  (Utah Code §62A-4a-411 Annotated 1953, as enacted in 1978)