Board Directive The Board adopts this policy to set standards of conduct and expectations of honorable and ethical behavior it expects of all employees. As with the Utah Public Officers’ and Employees’ Ethics Act (67-16), it is intended to promote the public interest and strengthen the faith and confidence of residents in the integrity of government. The intent is to avoid situations where a) someone may be falsely accused of unethical behavior, and where b) someone may do something unethical. Employees must avoid the appearance of impropriety to ensure and maintain public confidence. The Board delegates to the Administration the responsibility to implement the policy provisions below.
Administrative Policy
Ethical Behavior
All employees including the Board of Education, Officers of the Board, district-level administration, school administration, and all staff and faculty employed by the District and/or its schools are expected to follow the Utah Public Officers’ and Employees’ Ethics Act (67-16), many provisions of which are summarized below. Employees are individually accountable for ethical behavior and, if found to be acting unethically, may receive job action up to and including termination of employment as determined appropriate.
All employees are expected to disengage and/or disqualify themselves when a transaction or activity arises where it may appear to a reasonable person that the employee may have a conflict of interest.
A conflict of interest exists whenever any employee puts her/his interest or the interests of some other individual(s) or entity ahead of or in opposition to the interests of the School District.
Employees must avoid all situations that create even the appearance of a conflict of interest.
Improper Use of Position
Employees should not use their position in the District for a purpose that is, or would to a reasonable person appear to be, primarily for the private benefit of the employee, rather than primarily for the benefit of the District.
Accept Gifts or Loans
Employees should not ask for or receive, directly or indirectly, any compensation, gift, gratuity, item or activity of value, or promise thereof, for performing or for omitting or deferring the performance of any official duty; except that the following shall be allowed:
Unsolicited flowers, plants, and floral arrangements;
Unsolicited advertising or promotional items of nominal value, such as pens and notepads;
Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
Unsolicited food items given to a department when the contents are shared among employees and the public;
Unsolicited items received for the purpose of evaluation or review provided the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the District;
Information material, publications, or subscriptions related to the recipient’s performance of official duties;
Food and beverages consumed at hosted receptions where attendance is related to official duties;
Meals, beverages, and lodging associated with retreats or other meetings where the official serves as a representative, designee or is otherwise assigned to another organization or entity from the District;
Travel costs, lodging, and tuition costs associated with District-sanctioned training or education when not provided by a private entity under contract with the District;
Admission to, and the cost of food and beverages consumed at events sponsored by or in conjunction with a civic, charitable, governmental, or community organization and other officials or employees of similar agencies are in attendance;
Unsolicited gifts from dignitaries from another entity or other jurisdiction that are intended to be personal in nature; and
Unsolicited gifts from vendors with an aggregate economic value of $50.00 or less from a single source in a calendar year received either directly or indirectly by the official or employee.
Thank you gifts and recognitions of reasonable value, given to employees are acceptable when no reciprocation is expected or perceived.
Disclosing Privileged Information
Employees should not disclose or use any privileged or proprietary information gained by reason of his or her official position for the immediate or anticipated personal gain or benefit of the employee or any other person or entity; provided, that nothing shall prohibit the disclosure or use of information which is a matter of public knowledge, or which is available to the public on request.
Supervisors may not hire or recommend for hire their own relatives
Employees should not be supervised and evaluated by their own relatives
Misuse of Public Resources
Employees should work for the collection, protection, maintenance, and retention of all assets (including funds, property, and records) owned by or owed to the District and not act in any manner that prevents, obscures, devalues, or redirects any assets (including funds, property, and records) of the District away from the District for their personal gain or the gain of another individual or entity.
Outside Employment
Employees may engage in outside or secondary employment to their position within Jordan School District so long as the outside or secondary employment does not:
Interfere with job performance for the District; or
Conflict with the interests of the District; or
Give reason for criticism or suspicion of conflicting interest or duties.
Political Activity
Employees are encouraged to engage in the political process but may not:
Engage in political campaigning or solicitation of political contributions during their normal work hours; or
Use District equipment or email for campaigning or political activity; or
Create a benefit or a detriment for others based solely on their political opinions.
Fair and Equal Treatment
No employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen in similar circumstances.
Reporting Fraud and Abuse
Improper Government Action means any action by a District employee that is undertaken in the performance of the employee’s official duties, whether or not the action is within the scope of the employee’s employment; and
Is in violation of any federal, state, or local law or rule; or
Is an abuse of authority; or
Is of substantial and specific danger to the public health or safety; or
Is a gross waste of public funds.
Employees who become aware of improper governmental actions should raise the issue
With their supervisor; or
If they reasonably believe the improper governmental action involves her/his supervisor, the employee may raise the issue with any supervisor above his/her supervisor including the Superintendent; or
If it is reasonably believed to be an emergency where damage to persons or property may result if action is not taken immediately, the employee may raise the issue directly with the department or individual who oversees the area; or
Through the District’s Fraud, Waste, Abuse, and Non-Compliance reporting telephone number or website.
Upon making a report, employees should be prepared to provide as much detail as possible in order to expedite and assist the investigation.
Although not required, employees are encouraged to provide their name, position, and contact information in order to allow those investigating the opportunity to ask follow-up questions and, as appropriate, to provide non-confidential results of the investigation.
Board Directive The Board 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 The Board of Education holds the expectation that all interactions between employees and students are professional and appropriate. Therefore, the Board directs the District Administration to develop a scope of employment policy regarding interactions between students and staff members which stem from school relationships. In addition, the Board directs the Administration to designate that certain activities pertaining to dangerous weapons are outside the scope of an employee’s employment.
Administrative Policy The scope of employment policy shall be administered according to the following administrative policy provisions and applies to all employees, contract employees, and volunteers.
Instruction, counseling, and administrative tasks and all other planned school contact with students shall be accomplished at the school during regular school hours.
If special circumstances make it necessary for a District employee to meet with one or more students outside the regular school day or at a location other than the school, prior written approval from the principal is required.
When a student requires staff assistance outside the regular school day because of an emergency or unanticipated occurrence, the employee shall notify the principal of the occurrence as soon as possible.
All transportation of students in personal vehicles by District employees shall be avoided, unless the students are members of the employee’s immediate family or a student must be transported by an employee due to an emergency situation where the health, safety or welfare of the student is at immediate risk. If such travel cannot be avoided and the transportation of a student is not life threatening, written permission must be obtained in advance from the parent and principal.
After-hour activities involving students are to be held at the school whenever possible. If another location is necessary, prior written approval from the school principal is required.
Employees shall not charge a fee for any tutoring services provided to students at the school within school hours. Employees may charge a fee for tutoring services outside of contract hours, only in accordance with District Policy AA444.
District employees have the responsibility to communicate with students and their parents or guardians in a professional manner. Text messages to students must be of a professional, not personal nature. All communication using social media must be in compliance with District policies, including Jordan School District Policy DP371 Employee Information Network Acceptable Use and the Social Media Guidelines. The message content, context and frequency will be used to determine if disciplinary action is taken by the District.
Unless otherwise provided for by law, possession, or use of a firearm, weapon, or other dangerous materials (as defined in section G, below) by any employee in a District building, in or on District property, in conjunction with any District activity, or while traveling in District funded or dispatched vehicles, is in violation of Jordan School District Policy, and will be subject to disciplinary sanctions which may include termination. Possessing, using, selling, or attempting to possess, use or sell any such dangerous materials on District property or in District vehicles is prohibited regardless of intent. Exceptions to this prohibition are for employees that use tools or materials that are required as part of their job function (as defined in section H, below) and for current holders of a lawfully issued concealed firearm permit (as set forth in section I, below) applying only to firearms, not to any other prohibited weapon or other dangerous materials.
Dangerous materials include, but are not necessarily limited to, the following: firearms (including antique firearms), weapons, knives, swords, explosive/incendiary devices, dangerous chemicals, noxious or flammable materials, martial arts weapons or other instruments including those which eject a projectile or substance of any kind, or any replica or facsimile of any of the above, whether functional or nonfunctional, whether designed for use as a weapon or when any object or substance is used as a weapon.
Authorized use or possession of dangerous materials and tools when used in connection with a District approved activity or job function must be in the possession or under the control or supervision of the person authorized and responsible for the activity (e.g.: cooking, consumer science, CTE, chemistry classes, custodial, maintenance and repair).
The law provides that a qualified person may receive a permit “to carry a concealed firearm for lawful self defense” UCA §§53-5-704(1),-705. A concealed dangerous weapon means “a dangerous weapon that is covered, hidden or secreted in a manner that the public would not be aware of its presence and is readily accessible for immediate use.” UCA §76-10-501(3)(a)(i). Therefore, any lawfully concealed firearm on District property or in District vehicles must remain concealed such that the public is not aware of its presence.
District property may not be used to hide, cover or secret a firearm. A lawfully concealed firearm must be within the employee’s immediate control at all times. Employees must recognize that students could gain access to a firearm that is not properly concealed, or controlled. Therefore, employees must use good judgment and strictly follow the law and this policy.
An employee of Jordan School District who obtains a concealed weapons permit does so in his or her own individual capacity. Any use of such weapons is outside the scope of employment, is contrary to the purposes of employment by the District and is done solely in the employee’s personal capacity, not as an employee of the District. Any and all liabilities, damages, demands, claims, actions or proceedings in law or equity, including attorney’s fees and costs to suit, relating to or arising out of an employee decision to carry, threaten use, or use a weapon will be the sole responsibility of that employee without recourse to, or liability protection from or through the District.
Board Directive The Board recognizes the need for a policy governing the protection of employees. Responsibility is delegated to the District Administration for implementing the policy according to established provisions.
Administrative Policy The Protection of Employees policy will be implemented according to the following provisions:
Employees shall report immediately in writing to their principal or immediate supervisor and to the Superintendent all cases of assault suffered in connection with their employment.
If criminal or civil proceedings are brought against an employee alleging that he/she committed an assault in connection with his/her employment, such employee, after making reports, may request the Board to furnish legal counsel to defend him/her in such proceedings, insofar as the interests of the employee and the District are not conflicting. If the employee is found guilty or liable in such proceedings, such finding may constitute a cause for dismissal from the school system. Fines, damages, penalties, or forfeitures shall not be paid by the Board.
Civil liability insurance coverage shall be provided for each employee to the extent now provided by the law under tort liability. Costs of this coverage shall not be deemed to provide payment for fines, penalties, or forfeitures arising out of criminal proceedings.
Whenever an employee is absent from his/her assignment as a result of personal injury or for appearances before a judicial body of legal authority in connection with an assault case, he/she shall be eligible for sick days. There shall be no loss of wages or reduction in accumulated leave.
Physical restraint may be used by an employee in an extraordinary case of breach of discipline to restrain, if necessary, a disruptive pupil to prevent injury to himself/herself or students, provided the force used is reasonable under the circumstances. The employee shall inform the principal or immediate supervisor at once of such action and shall make an accurate, written report within 24 hours.
The District shall take appropriate action against the person (a student) committing the assault, according to the student discipline policy established by the District.
Board Directive School officials are charged with protecting the health and safety of all students and promoting the effective operation of the schools. Fulfillment of these duties may conflict with a student's right to and need of privacy. The interest of individual students in securing personal privacy must be balanced against the interest of society in protecting students against disruptive or illegal conduct by other students. The Board delegates to the Administration the responsibility for determining policy in order to permit school officials to carry out their duties while preserving a student's reasonable expectations of privacy.
Administrative Policy
A search shall be conducted or directed by a school official who has the responsibility for maintaining school discipline, or by a designee of the official.
A school official may conduct a search of a student or a student's effects when:
The official has reasonable grounds to believe that the search will turn up evidence of a violation of the law or of school rules; and
The measures taken to conduct the search are reasonably related to the objectives of the search and are not excessively intrusive in light of the circumstances, including the student's age and sex, and the nature of the infraction. The measures taken to conduct the search include those taken to compel a student's compliance with the school official's requests.
The school district regulates the use of school property, and may also regulate vehicles brought onto school property. School officials may undertake surveillance of school property and of vehicles located on the property. An official, who has reasonable grounds to believe that a search of a vehicle will turn up evidence of alcoholic beverages, controlled substances, weapons, stolen property, or other violation of either law or the rules of the school, may ask the driver of the vehicle to open the vehicle and may inspect the vehicle in the driver's presence. If a driver fails to comply with the requests of the officials, or if an inspection turns up any of the above-mentioned evidence, the official may take measures reasonably calculated to maintain the safety and proper control and management of the school, including disabling the vehicle until police or parents can be summoned.
While lockers, desks, and other storage areas are provided to students by the school, the school retains control and access to all lockers, desks, and other storage areas. These areas are assigned to students for their use on the condition that they will be used in a manner consistent with the law and school rules. School officials may conduct inspection of these areas at any time, with or without the student present, in order to fulfill their responsibility of maintaining proper control and management of the school. A school official may inspect the contents of these areas under the standards for conducting a search as specified in this policy.
School disciplinary procedures may be brought against a student who fails to comply with the reasonable requests of a school official.
The police may be contacted or called in at the discretion of the school official.
The fruits of a search conducted under this policy may be:
Turned over to the police for inspection
Used in a judicial proceeding
Retained by a school official for use in a school disciplinary proceeding
In addition to searches permitted under one or more of the preceding sections, a school official may conduct a search of a student, a student's effects, a vehicle driven by the student, or other property controlled by a student if the student voluntarily gives consent to the search.
School officials may require, as a condition of granting students the right to use parking facilities at the school, that students and parents give consent to reasonable searches of student vehicles parked on campus.
Board Directive Recognizing the need for emergency preparedness planning, the Board authorizes District participation with community leaders and emergency management agencies. These programs shall be planned to accomplish the following:
Extend the local community the greatest possible protection and assistance in times of emergency or disaster
Provide protection and preservation of District properties
Provide leadership assistance, as local and state authorities work to avoid panic or confusion in the event of an attack or disaster
Administrative Policy The responsibility for coordinating emergency preparedness activities within the District shall be delegated to the Administrator of Auxiliary Services and/or designee. Working with directors and school principals, the Administrator of Auxiliary Services shall direct the planning and conduct of emergency preparedness programs
The Administrator of Auxiliary Services will obtain mutual agreements with local, county, state and federal agencies for the use of any Jordan School District facilities in the event of an emergency or disaster.
Principals shall be responsible for conducting in-service training programs for teachers and appropriate orientation programs for students.
Principals shall work closely with the PTA and other civic groups in correlating school and community emergency preparedness procedures.
The District emergency preparedness program shall be planned and conducted in accordance with guidelines established by state, county and local agencies.
Board Directive The Board recognizes the need for a District grievance process and delegates to the Administration the authority to implement a policy regarding grievance procedures for licensed personnel.
Administration Policy It is the policy of the Administration to address grievances alleged by licensed employees with the following administrative policy provisions:
Definitions
Grievance - A complaint which:
Sets forth an allegation that there has been a violation of District policy, state law, or federal law.
Specifically identifies the policy or statute alleged to have been violated.
Provides a detailed statement of the alleged violation.
Grievant - Any licensed employee or group of licensed employees aggrieved by a decision or condition falling under District policy, or state or federal law.
Grievance Officer - The District employee or employees designated to review complaints regarding alleged violation of District policy, state law, and/or federal law and charged with the responsibility of investigating, or overseeing the investigation of, complaints.
District - The Human Resource Administrator or his/her designee.
Procedure
Step I
Any licensed employee alleging a grievance is encouraged to resolve the problem, if possible, through an informal discussion with the immediate supervisor. If this is not satisfactory, the grievant may file at Step II.
Step II
A grievance must be filed within thirty (30) calendar days of the date the grievant knew or should have known of the circumstances which precipitated the grievance.
Any licensed employee submitting a grievance at Step II shall present a completed Licensed Employee Grievance form to his/her immediate supervisor. Grievance forms are available in the District’s Human Resources Department or online at the District’s Human Resources website. A copy of the grievance form shall be immediately forwarded by the supervisor to the grievance officer, the appropriate District-level Administrator, and the Administrator of Human Resources. The grievance officer shall then submit the issue in question to the employee agent group in writing. The employee agent group has the option of reviewing the issue and making a written response to the grievance officer.
The supervisor shall respond to the grievance, in writing, within eight (8) calendar days following receipt of the grievance. A copy of the response will be forwarded to the grievance officer, the appropriate District-level Administrator, and the Administrator of Human Resources or his/her designee, grievant, or representative.
If the response (decision) does not resolve the grievance, the grievant may file the grievance at Step III.
Step III:
The Investigatory Committee may be activated at this step only. (See Miscellaneous Provisions Item C. 8.)
The Investigatory Committee or the grievance officer shall investigate the complaint with the parties concerned in the grievance within twenty (20) calendar days of the grievance having been filed at Step III.
The grievance officer shall issue a written report setting forth his/her findings and recommendations for the resolution of the grievance within eight (8) calendar days after the conclusion of the investigation.
The grievance shall be considered resolved if the grievant and the District accept the recommendations of the grievance officer, or if the grievant fails to file the grievance at Step IV within the time limits set forth herein.
If no written report has been issued within the time limits set forth in "c." above, or if the grievant or District shall reject the recommendations of the grievance officer, the grievant shall be authorized to file the grievance at Step IV.
Step IV:
If the grievant rejects the recommendations of the grievance officer, the Investigatory Committee, or the grievance officer fails to issue a written report in the time specified, the grievant shall have fourteen (14) calendar days to request that an impartial hearing examiner be selected to hear the grievance.
Within fourteen (14) calendar days days of receipt of the request, the grievance officer and the grievant or his/her designated representative shall meet together to agree upon a mutually acceptable impartial hearing examiner. (See Miscellaneous Provisions C.10-13)
The impartial hearing examiner shall submit written recommendations to the Superintendent or his/her designee and the grievant or his/her designated representative within fourteen (14) calendar days after the hearing.
The Superintendent or his/her designee shall, within eight (8) calendar days, submit in writing to the grievant the District's decision to reject or accept the impartial hearing examiner's recommendation.
Step V:
If the grievant rejects the recommendations of the Superintendent or his/her designee, or if the Superintendent or his/her designee fails to issue a report within the time limits set forth above, the grievant shall be authorized to file the grievance at Step V within fourteen (14) calendar days of the date the recommendation of the Superintendent or his/her designee was issued or should have been issued.
The grievance at Step V shall be filed with the Board in the following manner:
The grievant shall file the grievance by delivering it to the Board within the time limits set forth herein.
Within fourteen (14) calendar days of receipt of the grievance or another timeline agreed to in writing by both parties, the Board shall establish a hearing date to hear the testimony of all interested parties. The Board shall have the authority to call witnesses for the hearing. Such hearing will be held within thirty (30) calendar days of filing of the grievance at Step V or another timeline agreed to in writing by both parties.
Within forty-five (45) calendar days or other timeline agreed to in writing by both parties of the filing of the grievance at Step V, the Board shall issue its determination of the grievance. The findings of the Board shall be final and binding.
Miscellaneous Provisions
A grievance shall furnish sufficient background concerning the alleged violation which identifies date(s), time(s), person(s), and actions that led to the allegation.
No person shall suffer recrimination or discrimination because of participation in this grievance procedure.
Hearings should be scheduled during a mutually convenient time.
Employees shall be free to testify regarding any grievance filed hereunder.
Confidentiality will be observed pending resolution of the grievance or final decision by the Board.
Nothing contained herein shall be construed so as to limit in any way the ability of the District and the grievant to resolve any grievance, mutually and informally.
The grievant shall be entitled to representation of his/her choice in all stages of these proceedings.
If needed, the Investigatory Committee shall be selected as follows: The District shall designate one member of its choice and the employee agent shall designate one member of its choice, and these two appointees shall recommend a third committee member subject to the approval by the employee agent and the District. This committee shall conduct investigations of grievances filed by persons asking to be represented by the employee agent and shall report the results of its findings and its recommendations, in writing, to the grievance officer who shall be responsible to make final determination of all grievances filed at Step III. Step III grievances shall be investigated and a response made, regardless of whether or not the grievant asks for representation.
When required, members of the Investigatory Committee shall be excused from their regular assignments to perform investigations.
Impartial hearing examiners shall be persons who will conduct hearings independent of pressure or influence from the District administration, District staff, the licensed employee who is the participant in the grievance, or any association or organization acting on behalf of or representing the employee. No impartial hearing examiner may be a direct supervisor or subordinate of either the employee or a person recommending the employee’s termination for cause.
Impartial hearing examiners may either be District hearing examiners or individuals not employed with the District.
The employee agent and the District may agree to use a mutually agreed upon outside arbitration entity for Level IV hearings. This includes following the rules and procedures as outlined by that entity.
The cost of services of the hearing examiner shall be equally shared by the District and the educator or the organization representing the educator.
In the event that the grievance remains unresolved at the termination of this grievance procedure, the grievant is free to pursue such litigation or statutory remedy as the law may provide.
Employees should exhaust all District grievance procedures before seeking other legal remedies.
Board Directive
The Board recognizes the need for a District grievance process and delegates to the Administration the authority to implement a policy regarding grievance procedures for education support professionals.
Administrative Policy
It is the policy of the Administration to address grievances alleged by education support professionals with the following administrative policy provisions:
Definitions
Grievance – A complaint which:
Sets forth an allegation that there has been a violation of District policy, state law, or federal law.
Specifically identifies the Jordan School District policy or statute alleged to have been violated.
Provides a detailed statement of the alleged violation.
Grievant – Any education support professional or group of education support professionals aggrieved by a decision or condition falling under District policy, or state or federal law.
Grievance Officer – The District employee or employees designated to review complaints regarding alleged violation of District policy, state law, and/or federal law and charged. with the responsibility of investigating, or overseeing the investigation of, complaints.
Immediate Supervisor – The employee’s principal or department director/administrator.
Procedure
Step I:
Any education support professional alleging a grievance is encouraged to resolve the problem, if possible, through an informal discussion with the immediate supervisor (Step I). This discussion is included in the twenty (20) working day window for filing a grievance.
Step II:
In the event that the informal discussion does not resolve the problem, an education support professional (grievant) or his/her designated representative may prepare and file a completed grievance form with his/her immediate supervisor. The grievant or his/her representative shall furnish sufficient background information concerning the alleged violation, which identifies date(s), time(s), person(s), the actions that led to the grievance, and the District policy, or state or federal law that was violated.
A copy of the grievance will be immediately forwarded by the immediate supervisor to the District Grievance Officer, the appropriate District-level Administrator, the Administrator of Human Resources or his/her designee, and the President of the employee agent group.
The grievance must be filed within twenty (20) working days of the date the grievant knew, or should have known, of the circumstances which precipitated the grievance. Grievance forms are available in the District’s Human Resources Department or online at the District’s Human Resources website. A grievance will be denied, if the grievant, or his/her designated representative, does not file a grievance form that sets forth an allegation that there has been a violation of a District policy, or state or federal law and specifically identifies the policy or statute alleged to have been violated.
The immediate supervisor to the grievant, or his/her representative, shall respond in writing, within five (5) working days following receipt of the grievance. A copy of the response will be forwarded to the District Grievance Officer, the appropriate District-level Administrator, the Administrator of Human Resources or his/her designee, and to the President of the employee agent group.
Step III:
If the immediate supervisor’s written response (decision) at Step II does not resolve the problem, the grievant or his/her designee shall forward the completed Education Support Professionals Grievance Form to the District Grievance Officer to initiate Step III.
The District grievance officer shall investigate the complaint with the parties concerned in the grievance within fifteen (15) working days of the grievance having been filed at Step III.
At the conclusion of the investigation, the grievance officer shall render a decision and issue a written report setting forth his/her findings and recommendations for the resolution of the grievance within five (5) working days.
The grievance shall be considered resolved if the grievant and the District accept the recommendations of the District grievance officer.
If no written report has been issued within the time limits set forth in “c” above, or if the grievant or District shall reject the recommendations of the District grievance officer, the grievant or the District shall have the right to appeal to the Board of Education for review of the grievance at Step IV.
Step IV:
A written request for Board of Education review of the grievance must be submitted to the Superintendent or his/her designee within ten (10) days of the date of the grievance officer’s report or the expiration of the time limits set forth in Step III.
The Board of Education shall review the grievance and the grievance officer’s report. (An additional hearing shall not be held.)
The Board of Education may affirm the grievance officer’s recommendations, amend the recommendations, or affirm the recommendations in part and amend in part.
The Board of Education’s written decision shall be issued within twenty-one (21) working days of receipt of the grievant’s written appeal by the Superintendent or his/her designee at Step IV.
If no written decision has been issued within the time limit set forth in B.4.d or if the grievant shall reject the decision of the Board of Education, the grievant shall be free to pursue such litigation or statutory remedy as the law may provide.
Miscellaneous Provisions
The employee will be informed that the time limits set forth in this policy may be modified or extended if mutually agreed upon by the employee, or his/her designated representative, and the District. If either party wishes to change the timeline set forth in this policy, the party will request the modification(s) from the other party and both parties will need to agree to the modification(s) before the modification(s) can be honored. The grievance officer will issue a letter of understanding to the parties outlining the agreed upon modified timeline.
No person shall suffer recrimination or discrimination because of participation in this grievance procedure.
Employees shall be free to testify regarding any grievance filed hereunder.
Confidentiality will be observed pending resolution of the grievance.
The grievant may be accompanied by a representative of his/her choice in all stages of these proceedings.
Records of all grievances will be maintained by the District grievance officer. The records will be kept in a separate and confidential file as required by District policy DP367—District Records Management. Information regarding grievances will be classified as private.
