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POLICY DEVELOPMENT
POLICY ADOPTION
POLICY DISSEMINATION, ADMINISTRATION & REVIEW
BOARD COMMITMENT to NON-DISCRIMINATION
POLICY OF PROFESSIONAL DEVELOPMENT
POLICY ON SUBSTITUTE TEACHERS
VOLUNTEERS and WORK STUDY STUDENTS
HARASSMENT POLICY - EMPLOYEES
FAMILY AND MEDICAL LEAVE ACT POLICY
BOMB THREAT RESPONSE POLICY
POLICY ON HAZING
SUBPOENAS
SEARCH AND SEIZURE
INTERROGATION OR SEARCHES BY LAW ENFORCEMENT AGENT OR OTHER NON-SCHOOL PERSONNEL
POLICY ON STUDENT RECORDS
DRUG AND ALCOHOL ABUSE POLICY
HARASSMENT POLICY - STUDENTS
POLICY ON STUDENT ASSESSMENT
WEAPONS
POLICY ON VIEWING CONFIDENTIAL STUDENT RECORDS
LOCAL ACTION PLAN
USE OF SCHOOL FACILITIES
VISITS TO SCHOOL BY PARENTS, COMMUNITY MEMBERS, OR MEDIA: INTERVIEWING, FILMING, VIDEOTAPING OR RECORDING
ANNUAL SCHOOL REPORTS
INTERNET & OTHER TELECOMMUNICATION ACCESS ACCEPTABLE USE POLICY
A. Policy Maintenance
1. POLICY DEVELOPMENT
CODE: A1
Policy development is the board's most important responsibility. It is the intent of the board to develop policies for the successful and efficient operation of the St. Albans Town School District.The board accepts the definition of policy as set forth by the National School Boards Association:
"Policies are principles adopted by the school board to chart a course of action. They tell what is wanted; they may include why and how much. Policies should be broad enough to indicate a line of action to be followed by the administration in meeting a number of problems; narrow enough to give clear guidance. Policies are guides for action by the administration, who then sets the rules and regulations to provide specific directions to school district personnel."
These policies should serve to inform and guide all people interested in or connected with the school district.
The policies of the district are to be interpreted consistently with Vermont law and the regulations of the Vermont State Board of Education. These policies should also be interpreted consistently with those educational objectives, procedures, and practices which are generally accepted in the public education field.
- First Reading: 10/18/00
- Date Warned: 11/9/00
- Hearing Date: 11/15/00
- Date Adopted: 11/15/00
Legal Reference(s): 16 V.S.A. §563 (1), (4)
Cross Reference: Policy Adoption (A2)
Policy Dissemination, Administration & Review (A3)
Non-Discrimination (C9)
Return to the Top 2. POLICY ADOPTION
CODE: A2
1. Policy Initiation. Any person residing in or employed by the school district may suggest policies by providing a statement of need in writing to the superintendent or board clerk.2.Policy Development. The board, acting as a whole or through a policy committee, will seek appropriate public comment and administrative guidance as it considers proposals for policy development or revision.
Comment and information will be sought in the following areas:
a. The effect of proposed policy on administrators, students, teaching staff and the community.b. The anticipated costs and benefits of implementing, enforcing and evaluating the proposed policy.
c. The specific need for the policy.
d. Samples of similar policies of other boards and V.S.B.A.
e. Applicable provisions of state and federal law.
3.Warnings. No policy will be adopted by the board unless first warned in accordance with 16 V.S.A. §563 or other applicable state statutes.
- First Reading: 10/18/00
- Date Warned: 11/9/00
- Hearing Date: 11/15/00
- Date Adopted: 11/15/00
Legal Reference(s): 16 V.S.A. §563 (1)
Cross Reference: Policy Development (A1)
Policy Dissemination, Administration & Review (A3)
Return to the Top 3. POLICY DISSEMINATION, ADMINISTRATION & REVIEW
CODE: A3
When new policies are adopted, the superintendent will publish and make them available to the public, students and school personnel.Policies will be administered through regulations and directives of the superintendent of schools and members of the management team.
A copy of the district policy manual will be available during the normal working day in the office and/or library of each school within the district. The student handbook will include board policies related to student conduct. The teacher handbook will include board policies related to teachers' responsibilities. There will be an electronic copy of all policies made available to the public on the school web site beginning March 2001 and each additional policy within a month of its adoption. It will be the responsibility of employees and students to know and follow board policy.
All policies will be reviewed periodically and, if necessary, revised or repealed.
- First Reading: 10/18/00
- Second Reading: 11/15/00
- Third Reading: 1/17/01
- Date Warned: 1/18/01
- Hearing Date: 3/21/01
- Date Adopted: 3/21/01
Legal Reference(s): 16 V.S.A. §563
1 V.S.A. §316
Cross Reference: Policy Development (A1)
Policy Adoption (A2)
Return to the Top B. Board Membership
C. Board Procedures
9. BOARD COMMITMENT to NON-DISCRIMINATION
CODE: C9
The board will seek to comply with all applicable federal and state non-discrimination laws. The board will not unlawfully discriminate against any person or group on the basis of race, color, religion, national origin, place of birth, sex, sexual orientation, disability or age.The following Notice of Non-Discrimination will be given to appropriate recipients as required by law.
Notice of Non-Discrimination
Applicants for admission and employment, students, parents, employees, sources of referral of applicants for admission and employment, and all unions or professional organizations holding collective bargaining or professional agreements with the St. Albans Town School District are hereby notified that this District does not discriminate on the basis of race, color, religion, national origin, sex, sexual orientation, age, or disability in admission or access to, or treatment or employment in, its programs and activities. Any person having inquiries concerning the St. Albans Town School District's compliance with the regulations implementing Title VI, Title IX, Section 504 or other state or federal non-discrimination laws or regulations is directed to contact
Terence Keating; Coordinator of SPED/Title I
Superintendent/Designee: Terence Keating
(Where located) 28 Catherine St., St. Albans, VT 05478
(Phone Number) 802-524-9463
This person has been designated by the St. Albans Town School District to coordinate the District's efforts to comply with the regulations implementing Title VI, Title IX, and Section 504 of the Rehabilitation Act of 1973, and other non-discrimination laws or regulations.
Grievance Procedure
1. Definitions:(a) A grievance is a claim made by a student, teacher or employee of the school district that he or she has been subjected to discrimination because of specific actions of the school board or its employees.(b) A grievant shall be a student(s) and/or parent(s), employee, or applicant making the claim.
2. Intent:
Nothing contained within this grievance procedure shall be construed as limiting the right of an aggrieved person or persons to informally discuss a problem with the school administration or staff. Should such an informal process fail to resolve the situation then a formal filing of a grievance may be made in accordance with the following procedure:
3.Procedures: (all days are calendar days)
Step I: Within 15 days of an alleged violation of this policy, the aggrieved shall submit in writing to the superintendent or designee the nature of the grievance and the remedy the grievant seeks. The superintendent should arrange for a hearing within 15 days of receipt of the grievance. The superintendent shall provide a written answer on the grievance within 5 days of after the hearing. If a resolution is not needed, proceed to StepII.
Step II: If the grievance is not resolved at Step I, then the aggrieved may, within 10 days of the denial, request in writing that the school board or a committee of the school board hear the grievance. The chairperson of the school board or their designee shall establish a meeting before the board or a committee of the board within 15 days of receipt of the request. Such a meeting will be in a public or in an executive session, at the discretion of the grievant. The board or its committee shall provide a written answer on the grievance within 5 days of the board's next regularly scheduled meeting. The decision of the board or its committee shall be final and binding to the extent of the jurisdictional limits and authority of the school board.
- First Reading: 10/18/00
- Second Reading: 11/15/00
- Third Reading: 1/17/01
- Warned Date: 1/8/01
- Hearing Date: 3/21/01
- Date Adopted: 3/21/01
Legal Reference(s): 21 V.S.A. §495 et seq.
21 V.S.A. §1726
Equal Pay Act, as amended by the Education Amendment of 1972
Education for All Handicapped Children Act of 1975
Title VI, Civil Rights Act of 1964, and as amended by the
Equal Employment Act of 1972
Rehabilitation Act of 1973
Title IX, Education Amendments of 1972
Age Discrimination in Employment Act, P.L. 95?25
Title VII, Civil Rights Act of 1964
9 V.S.A. §4501, et seq.
Americans with Disabilities Act, P.L. 101-336 (1990)
Cross Reference: Personnel - Recruitment, Selection, Appointment (D1)
Return to the Top D. Personnel
2. POLICY OF PROFESSIONAL DEVELOPMENT
CODE D2
Professional development for teachers, paraprofessionals, administrators, general staff and board members will be linked to student achievement as outlined by the school action plan and strategic plan.Principles to Guide Professional Development
The school will develop a professional development system that is characterized as follows:
- its primary focus is on improved student learning, social development and achievement
- it is based on current, documented research findings
- it provides structure and substance that allow continuity
- it focuses on content and teaching methods and an effective learning environment.
- it includes the needs of all who contribute to the education system
- it is developed and directed by professional educators and other qualified individuals.
Student performance data will be used to develop annual and multi-year professional development programs.
A professional development committee composed of teachers and administrators will create a plan to accomplish its professional development goals.
After consultation with the professional development and action planning committees, the superintendent/designee will inform the school board of the professional development plan on an annual basis. The superintendent/ designee will make recommendations for financial resources and time for educators to participate in this plan.
The principal(s) will:
· ensure that each educator's professional development plan is aligned with the school's action plan, supervisory union goals, and local and regional standards boards to the fullest extent possible.· provide opportunities to prepare educators to utilize assessment data to increase student achievement and to improve the curriculum;
· new teachers,
1) must be provided with training in standards-based instruction,2) be given a mentor during the first two years of employment, and
3) must work with the local and regional standards boards to establish an IPDP for the licensure period.
The principal, working in collaboration with the superintendent, will at least annually report to the school board the effectiveness of staff professional development and the relationship to the student achievement goals identified within the annual action plan.
The school board will negotiate employment contracts that place high priority on professional development that is aligned with student achievement.
The district's professional development plan will be in effect by [no later than September 1, 2002]
FF
TW
CY
First Reading:
6/25/01
6/20/01
6/14/01
Second Reading:
7/9/01
7/11/01
6/28/01
Third Reading:
8/13/01
8/8/01
8/9/01
Warned Date:
8/14/01
8/14/01
8/13/01
Hearing Date:
9/10/01
9/12/01
8/23/01
Adopted Date:
9/10/01
9/12/01
8/23/01
Amend:
9/27/01
Legal Reference(s): 1 VSA, § 312 (Open Meeting Law)
16 VSA, § 165 (Public School Quality Standards)
21 VSA, § 1721 et seq (Labor Relations)
Vermont State Board of Education Rules §§2120.4, 2120.5
Cross Reference: Board Member Education (B1)
Board Goal-Setting and Self-Evaluation (B2)
Educator Supervision & Evaluation (D4)
Fiscal Management (E1)
Local Action Plan (G8)
COMMON POLICY FOR FRANKLIN CENTRAL SUPERVISORY UNION
St. Albans City, St. Albans Town, Fairfield, Bellows Free Academy union district high school #48 and Northwest Technical Center
Code: D6
Policy on Substitute Teachers
Substitute teachers perform a valuable service to the school system. The people selected for this function should have the best possible qualifications for their assignment. The school district shall attempt to employ certified teachers with proper endorsement for every substitute occasion. If certified teachers are not available, however, the services of non-certified substitutes or a person with other certification endorsements may be employed for up to fifteen (15) days per teacher absence. In all cases, the substitute teacher’s performance is to be supervised to ensure that quality instruction is taking place.
If a substitute teacher is to teach beyond fifteen (15) consecutive days in a single position, he/she must hold a valid teaching certificate in his/her area of assignment.
Substitute teachers will be paid according to the rate schedule below:
1. Non-certified substitute teachers: $55/day
2. Certified substitute teachers:
a. One (1) to twenty-five (25) days of service $65/day
b. Twenty-six (26) or more days of service $75/day
Long Term Substitute
Certified substitute teachers knowingly hired to assume all planning and classroom responsibilities for a teacher will be compensated at a rate commensurate with the per diem rate computed on the first step of the teachers’ salary schedule as of the first day of full responsibilities.
Fairfield Town City FCSU BFA
1 st Reading 06/13/05 06/08/05 06/09/05 08/18/05 06/07/05
Date Warned: 06/18/05 08/03/05 06/18/05 10/01/05 06/18/05
Date Adopted: 06/27/05 08/17/05 06/30/05 10/20/05 06/28/05
7. VOLUNTEERS and WORK STUDY STUDENTS
CODE: D7
St. Albans Town School District recognizes the valuable contributions made to the schools by volunteers and work-study students. It further recognizes that appropriate supervision of volunteers and work-study students will enhance their contributions as well as fulfill the responsibility that the school district has for the education and safety of its students.Definitions
Volunteer: A volunteer is an individual not employed by the school district who works on an occasional or regular basis in the school setting to assist the staff. A volunteer works without compensation or economic benefits.Work Study Student: A work-study student receives compensation for work performed at the school as part of a college work experience program. For purposes of this policy, an intern, working without pay, will be considered as a work-study student. A student working toward a teaching credential who may be placed at a school as a student teacher is not a work study student.
Administrative Responsibilities
1. Recruitment: The principal is authorized to recruit and approve volunteers and work-study students to work in the school. It is the principal's responsibility to be reasonably sure that the volunteer or work-study student is a person of good character with the ability to make significant contributions to the school. The principal may require volunteers and work-study students to complete information forms providing background information including, but not limited to, the dates, locations and dispositions of any convictions, including findings of guilt, pleas of guilty, or nolo contendere, for criminal violations. A person who fails to provide full and accurate background information in response to the principal's request will not be permitted to work with students.2. Placement: Placement and replacement of volunteers and work-study students will be made by the principal or the principal's designee.
3. Conditions of Work: Volunteers and work-study students will be informed by the principal of the extent to which school district insurance policies protect them from personal liability resulting from claims against them based on negligence or other injurious conduct while acting in a volunteer or work-study capacity.
4. Supervision: Volunteers and work-study students who work directly with students will be under the immediate supervision of a licensed professional employee. Volunteers and work-study students will not have unsupervised contact with students, except when that contact is of short duration and necessary in the context of activities planned by and under the direction of professional school staff or contractors employed by the school.
No volunteer or work-study student will have regularly scheduled unsupervised contact with students.
Responsibilities of Volunteers and Work Study Students
1. Volunteers and work-study students are responsible for complying with school policies, rules and regulations.2. Volunteers and work-study students will be considered staff members for purposes of compliance with the Harassment in Education Act.
- First Reading: 10/18/00
- Date Warned: 11/9/00
- Hearing Date: 11/15/00
- Date Adopted: 11/15/00
Legal References: 16 V.S.A. §565 (Harassment in Education Act)
16 V.S.A.§ 260 (supervision policy requirement)
21 V.S.A. §495
Title IX of the Educational Amendments, 20 U.S.C. §§1681 et seq,
34 C.F.R. Part 106
Title VII of the Civil Rights Act of 1964
42 U.S.C. 2000 E-2, 29 C.F.R. 1604.11
Cross References: Harassment of Students (F23)
Harassment of Employees (D12)
Personnel: Recruitment, Selection & Appointment (D1)
Return to the Top 12. HARASSMENT POLICY - EMPLOYEES
CODE: D12
It is the policy of the Franklin Central Supervisory Union Public Schools, and it's member schools, St. Albans City, Town and Fairfield that all employees should be able to work and study in an environment that is free of harassment.The Franklin Central Supervisory Union Public Schools are committed to create and maintain a learning and working environment where all individuals are treated with respect and dignity.
In the Franklin Central Supervisory Union Public Schools, harassment -whether verbal, physical or environmental - is unacceptable and will not be tolerated. Harassment is unlawful and hurts people. Each incident of harassment contributes to a general atmosphere where members of our community suffer the consequences and in which all employees may feel their safety is compromised.
The school district is committed to the prevention of harassment based upon sex, race, color, national origin, ancestry, religious beliefs or practices, age, disability, marital status, and sexual orientation or perceived sexual orientation. This policy has been developed to ensure that the educational and employment opportunities of all employees are not threatened or limited by such harassment, and to ensure that individuals are free to learn, work, and develop relationships without fear of intimidation, humiliation or degradation.
This policy defines:
o unlawful and prohibited conducto reporting and investigation procedures
o disciplinary sanctions.
It shall be a violation of this policy for any teacher, administrator or other school personnel of this district or student of the Franklin Central Supervisory Union Public Schools to harass any student, employee, guest speaker, applicant for employment, school personnel or any third party who are participating in, observing, or otherwise engaged in activities, including sporting events and other extracurricular activities under the auspices of the Franklin Central Supervisory Union through conduct and communications as defined below.
For purposes of this policy, the term "school personnel" includes school board members, school employees, agents, volunteers, contractors, or persons subject to the supervision and control of the District.
Definition of Harassment and Statement of Prohibited Conduct
Unlawful and prohibited conduct (actions and words) includes, but is not limited to, unwelcome actions, behavior, conduct or actions which are related to a person's gender, race, color, national origin, ancestry, religion, age, disability or sexual orientation or perceived sexual orientation. Harassment based on a person's race, color, marital status, national origin, ancestry, religious beliefs or practices, age, disability or sexual orientation consists of conduct that:
- is so severe, persistent or pervasive that it affects an employee's ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, humiliating, embarrassing, offensive, abusive educational or work environment;
- has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance.
- or otherwise adversely effects a person's academic standing, learning opportunities or employment opportunities.
Sexual Harassment and Sexual Orientation Harassment Defined
Sexual Harassment is unlawful and prohibited conduct, consisting of unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct, or communication of a sexual nature when:o submission to, or rejection of, such conduct or communication is made explicitly or implicitly as a term or condition of employment, education or academic achievement,o submission to, or rejection of, such behavior is used as a basis for employment or academic decisions,
o such behavior has the purpose or effect of substantially and unreasonably interfering with an individual's work or academic performance, or creates an intimidating, hostile, humiliating, or offensive work or educational environment.
Harassment on the basis of sexual orientation is unwelcome verbal, written or physical conduct, directed at the characteristics of a person's actual or perceived sexual orientation.
Examples of prohibited and unwelcome behaviors shall, but not be limited to, the following examples:
o Verbal Conduct
Use of negative or offensive racial, ethnic, religious , sexual slurs , epithets , comments about an individual's sexuality or sexual experience, activity or performance. Name- calling or other derogatory or dehumanizing remarks by an individual or group, as in verbal bullying, when it is based on an individual's sex, race, religious beliefs or practices, ancestry, national origin, age, disability or sexual orientation. Use of sexual or dirty jokes or comments, whistling or spreading rumors or lies of a sexual nature about a student;o Physical Contact
Unwelcome touching of oneself or another person's clothing or body in a sexual or suggestive manner such as pinching, patting, grabbing, poking, or brushing against or any other act of physical intimidation or aggression whether that person is of the same sex or the opposite sex. Aggressive conduct such as theft or damage to property which is motivated by sexual orientation or imitating manner of speech or movement based on sexual orientation or perceived sexual orientation;o Written Conduct
Use of symbols, notes, cartoons, calendars, graffiti, offensive or graphic posters, pictures, book covers, drawings, computer terminal messages of an offensive nature, or designs on clothing which causes a distraction or disturbance to the learning process and offends another on the basis of gender, race, color, ancestry, religious, national origin, age, disability, or sexual orientation;o Visual Conduct
Suggestive looks, leering, or gestures;o Preferred or Differential Treatment
Promises of preferred or differential treatment to any employee for submitting to sexual conduct, including solicitation or an attempt to solicit any employee to engage in sexual activity or to threaten to subject any employee to unwelcome sexual conduct or to make the performance of the employee's job or work assignment more difficult because of the employee's acquiescence or denial to requests for sexual favors or behaviors.The forgoing list is to provide some concrete examples, but is not meant to be all inclusive. Conduct not listed above will be subject to investigation and disciplinary action under this policy.
Responsibilities
All students, teachers, administrators and other personnel of the Franklin Central Supervisory Union Public Schools are responsible for creating and maintaining an environment that is free from harassment and other offensive behaviors. They must conduct themselves in a manner consistent with the spirit and intent of this policy and in cooperating with an investigation of alleged harassment.Mandatory Reporting Procedures
Employees and others who believe they have been harassed should be advised of the importance of informing the harasser that his/her behavior is offensive and unwanted. If an employee feels uncomfortable with confronting the harasser, they are encouraged to inform a teacher, counselor, a school administrator, or a district Title IX Compliance Officer at the earliest opportunity. All Franklin Central Supervisory Union employees must respond to student complaints of harassment by notifying the building principal / designee, or a Title IX Compliance Officer immediately. Any employee who receives any information from any source concerning employee-student harassment is required to report such information immediately to a school administrator, or a Title IX Compliance Officer. All employees must take every complaint of sexual harassment or discrimination seriously. Where allegations of harassment are made by an employee regarding another employee or by a student toward a district employee, the complaint should be forwarded directly to a school administrator or a Title IX Compliance Officer. If the complaint is against an employee any rights conferred under applicable collective bargaining agreement shall be applied consistent with state and federal law.Nothing in this policy shall prevent any person reporting the alleged prohibited conduct directly to a Title IX Compliance Officer or to the Superintendent of Schools. If the complaint involves an administrator, principal or a Title IX Compliance Officer the complaint shall be made or filed with the Superintendent. If a complaint involves the Superintendent of Schools, the report should be filed directly with the Board of Education.
It is recommended that complaints be filed as soon as possible after the alleged discriminatory or harassing act has occurred but no later than 120 days after the event. This limitation does not affect the right of the person to file a discrimination claim with state or federal agencies charged with investigating such matters. Claiming parties are advised to contact such agencies to ascertain any time limitations to such complaints. The complainant may forego the internal procedures and directly pursue legal or administrative remedies, or may pursue both internal and external remedies simultaneously.
A Title IX Compliance Officer as well as school administrators will provide information to students, employees and others about the district's policies and procedures against harassment. A Title IX Compliance Officer will be available to discuss any concern a student, parent, employee or others may have.
Any and all documentation will be maintained by a Title IX Compliance Officer. Important information will be documented, including the nature of the allegation(s), responses, witness statements and the circumstances surrounding the complaint, the individual(s) involved, the chronology of events, and the investigation summary with outcomes and recommendations.
All documentation will be maintained in separate confidential, investigative files in the Franklin Central Supervisory Union Office. Irrelevant information will be expunged from any and all formal records. Information may be shared with and among the Superintendent of Schools, Title IX Compliance Officers, and or the supervisor or building principal / designee on an as needed basis.
Investigation Procedures
The Franklin Central Supervisory Union has adopted this reporting and grievance procedure to provide a local avenue for persons to raise concerns as to whether discrimination or harassment has occurred within the district against employees or members of the school community based upon race, religious beliefs or practices, age, color, national origin, sex, sexual orientation or perceived sexual orientation, marital status, or physical or mental disability in any of the district's programs or activities. Questions about this reporting and grievance procedure or alternatives for pursuing harassment or discrimination complaint may be directed to the district's Title IX Compliance Officer or to a building principal/supervisor or the Superintendent of Schools.o The Franklin Central Supervisory Union will immediately investigate all forms of harassment based on our policy of non-discrimination. Such investigation may include discussions with all involved parties, identification and questioning of witnesses, and other appropriate actions. The investigation may be conducted by school district officials or by a third party designated by the school district. The investigation may also consist of the evaluation of any information or documents that may be relevant to the particular allegations. The person who is the subject of the complaint will be provided with an opportunity to be heard as part of the investigation.
o Reports of harassment and related information will be kept confidential to the extent consistent with the district's obligations under law, to the extent possible, without deterring the ability to perform an investigation or the need to take appropriate action to fulfill the obligation of others. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.
o Attempts will be made to resolve the complaint informally. The Franklin Central Supervisory Union may elect to utilize a formal or informal process, depending upon the nature and severity of the conduct alleged.
o If, in the formal complaint process a hearing is seen as an appropriate mechanism the complainant and respondent are entitled to bring representation such as an attorney, parent, teacher or friend to the hearing. Complainant and respondent will be expected to speak on their own behalf and may present evidence relevant to the allegations. Any hearing will be conducted in a manner which provides safety and confidentiality to all parties to the extent provided by law.
o The Franklin Central Supervisory Union will employ interim steps to protect parties and to prevent the possible continuation of harassment during the informal and formal investigations. The complainant and respondent will be apprised of the status of an on-going investigation regularly throughout the process.
o A Title IX Compliance Officer will put in writing any recommendation(s) for resolving the complaint and present it to the Superintendent of Schools. If the complaint involves the Superintendent the report will be filed directly with the Board of Education. A Title IX Compliance Officer will inform the complainant, the respondent, and the respective principal and/or supervisor(s) of the recommendation.
o The District's obligation to conduct this investigation shall not be extinguished by the fact that a criminal investigation involving the same or similar allegations is also pending or has been concluded.
o The School district will respect the privacy of the complainant, the individuals against whom the complainant is filed and the witnesses as much as possible, consistent with the district's legal obligation to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations.
Informal Complaints
o Informal complaints may be given to a Title IX Compliance Officer or building principal at the school in which the complaint initiated. The complaint may be in written form or verbal. Any complaint against a school employee shall be handled through the formal complaint procedure.o The Title IX Compliance Officer or building principal will explain to the complainant and respondent the normal course of action, and explain to both parties the prohibition against retaliation. If the complainant and/or respondent is under the age of 18 a Title IX Compliance Officer will notify student's parents or guardians.
o The building principal / designee may designate the Title IX Compliance Officer to investigate complaints. The Title IX Compliance Officer will apprise the building principal of the progress of the investigation and will recommend to the building principal / designee a course of action.
o The Title IX Compliance Officer, Superintendent of Schools, and appropriate supervisor(s) will be advised of the principal's decision. The Title IX Compliance Officer will monitor any sanction or recommended action to be implemented.
o An alternative to an investigation by the district's Title IX Compliance Officer or building principal / designee may occur if all the parties involved in the complaint process agree to a voluntary conversation facilitated by a Title IX Compliance Officer. Parties to this conversation may be accompanied by a person of their choice for support and guidance. If the complainant and respondent feel that resolution has been achieved in this conversation then no further action needs to be taken.
Formal Complaints
o If the building principal's / designee response under the informal complaint procedure is insufficient to satisfy the complainant or the respondent the formal procedure will be instituted at the request of either party.o Allegation(s) must be drafted in written form and the formal complaint investigative procedures and processes will be explained to the complainant and respondent.
o The complainant or respondent may file a formal grievance with a Title IX Compliance Officer or building principal / designee within 10 (ten) working days of the date the response to an informal complaint was made by the building principal / designee.
o If the complainant had previously lodged an informal complaint with the district's Title IX Compliance Officer or building principal / designee and either the complainant or respondent is dissatisfied with the building principal's / designee decision the formal complaint with be forwarded to the Superintendent of Schools for review. In cases where no informal complaint was filed with a Title IX Compliance Officer or building principal / designee the first review level of the formal procedure will rest with the building principal / designee who will respond to the complainant and respondent within 10 (ten) working days. If dissatisfied with the decision the complainant or respondent has 10 (ten) working days to appeal the decision to the Superintendent of Schools.
The Superintendent of Schools will respond, in writing, within 10 (ten) calendar days. The Superintendent reserves the right to extend the 10 (ten) calendar response period where business needs so require, upon notice to all parties.
o If the complainant or respondent is dissatisfied with the findings of the Superintendent of Schools either party may appeal the decision to the Board of Education within 10 (ten) working days of the Superintendent's decision.
o The Board of Education shall have a reasonable time to schedule a Board meeting and after consultation with appropriate individuals as well as the complainant and respondent will review the findings of the Superintendent and respond within 15 (fifteen) working days after such Board meeting. The Board's decision shall be final.
School District Action
The results of the School Department's investigation of each complaint; whether at the informal, formal or appeal level, filed under these procedures will be reported in writing to the complainant, respondent and other appropriate parties by the school district in accordance with state and federal laws regarding data or records privacy, and consistent with the privacy rights of all parties. If the Franklin Central Supervisory Union determines that harassment or discrimination has occurred it will take appropriate corrective action to end the harassment or discrimination. Steps which may be taken include, but are not limited to, an apology, direction to stop the offensive behavior, counseling or training, warnings, suspensions, expulsion from school-related activities, transfer, remediation, or termination from employment.The school district's action taken for violation of this policy shall be consistent with the requirements of applicable collective bargaining agreements, state and federal law, and School District policies for violations of a similar nature or similar degree of severity.
In the event that the evidence from the investigation suggests that the harassment at issue is also a crime in violation of a Vermont or federal criminal statute the School Board shall also direct a Title IX Compliance Officers to report the results of the investigation to the appropriate law enforcement agency charged with responsibility for handing such crimes.
Retaliation and Reprisal
Submission of a good faith complaint or report will not affect the complaint or reporter's future employment, grades, learning or working environment or work assignments.Retaliatory or intimidating conduct against any individual who has made a harassment complaint or who has testified or assisted in any manner in an investigation are specifically prohibited and shall provide grounds for a separate harassment complaint. Retaliation for reporting harassment or cooperating in an investigation of harassment is unlawful under 16 V.S.A. sec. 565 (b)(3).
Right to Alternative Complaint Procedures
These policy and procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges of discrimination with the Vermont Human Rights Commission, 133 State Street, Montpelier, Vermont 05633-6301 (telephone 800 416-2010 or 802-8282480) or the United States Department of Education, Office for Civil Rights, J.W.McCormack Post Office and Courthouse, room 707, Boston, Massachusetts 02109 (telephone (617) 223-9662). In addition, individuals may initiate civil action or seek redress under state criminal statutes and/or federal law.Harassment or Violence as Abuse
Under certain circumstances, alleged harassment or violence may also be possible abuse under Vermont state law. (V.S.A chapter 47 sec.4911-4920)Nothing in this policy will prohibit School District from taking immediate action to protect victims of alleged harassment, violence or abuse.
Dissemination and Training
The Franklin Central Supervisory Union is responsible for the dissemination of this policy and education of students, parents, teachers, administrators, and their employees as well as independent contractors, volunteers and anyone else having business with the school district. The district will ensure:o that a summary of this policy shall appear in student and employee handbooks and a copy of the full policy shall be made available upon request to parents, students, employees and other interested parties;o that this policy shall be conspicuously posted throughout each school in the district in an area accessible to students, parents, employees and others;
o the school district will develop a method of discussing this policy with students and employees. Training on the requirements of this policy and who bears responsibility for its implementation as well as the appropriate responses to issues of harassment will be provided to all school personnel on an annual basis, and at such other times as the Board of Education in consultation with the district's Title IX Compliance Officers determines is necessary or appropriate;
o all employees, now and in the future, shall be required to sign an acknowledgment form indicating that they have read this policy;
o this policy shall be reviewed by the district's Title IX Compliance Officers for compliance with state and federal law.
Title IX Coordinator
The following is the designated Title IX Compliance Officer.Name:_____________________________________ Title:___________________________________
FF
TW
CY
First Reading:
8/13/01
8/8/01
8/9/01
Second Reading:
9/10/01
x
8/23/01
Warned Date:
9/11/01
8/14/01
8/27/01
Hearing Date:
9/24/01
9/12/01
9/27/01
Adopted Date:
9/24/01
9/12/01
9/27/01
Legal References: 21 V.S.A. §§495, 495 h
Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000 E et seq
29 C.F.R. 1604.11
Cross Reference: Harassment of Students (F23)
Return to the Top 13. FAMILY AND MEDICAL LEAVE ACT POLICY
CODE: D13
This Policy meets all State and Federal Requirements Covered by Federal & Vermont ActsFAMILY AND MEDICAL LEAVE POLICY
I. ELIGIBILITY
To be eligible for FMLA leave, an employee must (1) have worked for the District for at least 12 months; and (2) have worked at least 1,250 hours during the 12-month period immediately preceding the beginning of the leave.II. REASONS FOR LEAVE
A. Employees who meet the applicable service requirements may be granted unpaid family or medical ("FMLA") leave for the following reasons:1. For the birth of an employee's child and to care for the newborn child;2. For placement of a child with an employee for adoption or foster care;
3. To care for an employee's spouse, civil union partner, child, stepchild, ward who lives with the employee, foster child, parent, parent of the employee's spouse or parent of the employee's civil union partner with a serious health condition; or
4. For an employee's serious health condition which renders the employee unable to work.
NOTE: Leave for birth or placement for adoption or foster care must conclude within twelve months of the birth or placement.
B. For purposes of this policy, a "serious health condition" means an illness, injury, impairment or physical or mental condition that:
1. Poses imminent danger of death;2. Requires inpatient care in a hospital, hospice, or residential-medical care facility;
3. Requires continuing treatment by or under the supervision of a health care provider in one of the following five circumstances (a. - e.):
a.For a period of incapacity of more than 3 consecutive calendar days that also involves:(1) treatment two or more times by or under the supervision of a health care provider; or(2) treatment by a health care provider on at least one occasion resulting in a regimen of continuing treatment under the supervision of the health care provider;
b. Any period of incapacity due to pregnancy or for prenatal care;
c. Any period of incapacity or treatment due to a chronic serious health condition. A chronic serious health condition is one which:
(1) Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;2) Continues over an extended period of time (including recurring episodes of a single underlying condition); and
(3) May cause episodic rather than a continuing period of incapacity (e.g. asthma, diabetes, epilepsy).
d. A permanent or long-term period of incapacity for which treatment may not be effective (e.g. stroke, Alzheimer's);
e. Any period of absence to receive multiple treatments (e.g. chemotherapy, physical therapy, kidney dialysis);
4. Requires continuing in-home care under the direction of a physician.
III. DURATION
C. A FMLA leave of absence is defined as an unpaid leave of absence of up to 12 weeks during the 12-month period measured from the date the employee first begins his/her FMLA leave.D. In calculating the amount of FMLA leave used by an employee, days that the District's business activity has ceased (i.e. plant shutdown, school vacation, summer vacation, teacher convention etc) are not counted against the leave period.
E.Under certain circumstances, FMLA leave may be taken "intermittently," that is taking leave in separate blocks of time or by reducing the usual number of work hours per work week or hours per work day. The employee requesting intermittent leave may be transferred temporarily to an alternative job that better accommodates recurring periods of leave. The position will provide equivalent pay and benefits.
NOTE: Use of intermittent leave for birth or placement of adopted children may be taken only with the approval of the District.
F. If a teacher, or other "instructional employee" as defined by law, requires intermittent leave or leave on a reduced leave schedule for planned medical treatment which requires the teacher to be on leave for more than twenty percent (20%) of the teachers total number of working days during the period of time that the leave would occur, the District may require the teacher to choose either to:
5. take a complete leave of absence for a period or periods of a particular duration, not greater than the duration of the planned treatment, or6. transfer temporarily to an available alternative position for which the teacher is qualified, which has equivalent pay and benefits and which better accommodates recurring periods of leave than does the teacher's regular position.
G. In the event that a teacher or other instructional employee begins a leave under this policy more than five (5) weeks before the end of an academic term (semester), the District may require the teacher/employee to continue his/her leave until the end of the term/semester if:
1. the leave will last a minimum of three (3) weeks, and2. the teacher would otherwise return to work during the three-week period before the end of the term/semester.
H. In the event that a teacher or instructional employee begins a leave under this policy for a purpose other than the teacher's own serious health condition, during the five-week period before the end of an academic term/semester, the District may require the teacher to continue his/her leave until the end of the term/semester if:
1. the leave will last more than two (2) weeks, and2. the employee would otherwise return to work during the two-week period before the end of the term/semester.
I. In the event that the teacher or other instructional employee begins the leave under this policy for a purpose other than the teacher's own serious health condition, during the three-week period before the end of an academic term/semester, and the leave will last more than five (5) working days, the District may require the employee to continue taking leave until the end of the academic term/semester.
NOTE: For paragraphs D, E, F and G above, if the District requires a teacher to take more leave than he/she requested, the amount of additional leave required by the District for purposes of completing the academic term/semester will not be counted as leave utilized by the teacher under this policy and the District shall be required to maintain the employee's group health insurance and restore the employee to the same or equivalent job including other benefits at the conclusion of the leave.
IV. NOTICE / COMMENCEMENT OF LEAVE
A. If the need for FMLA leave is foreseeable in advance, the employee must provide thirty (30) days notice before the leave is to begin. Otherwise, notice must be given as soon as practicable. Notice must be given to the Superintendent. Notice may be given in person, in writing, by telephone, telegraph, facsimile or other electronic means, or by the employee's spokesperson if the employee is unable to do so personally. An employee giving notice of the need for FMLA leave must explain the reasons for the leave in order to allow the Superintendent to determine that the leave does or does not qualify as family or medical leave. Additionally, the notice should specify the date the leave is expected to commence and the estimated duration of the leave. Once the District is aware of the facts underlying the employee's need for a leave, the Superintendent will determine whether or not the employee is qualified for leave under this policy and will give the employee the following:· Notice to Employee of FMLA Status (Appendix 1),· Medical Certification Form (Appendix 2),
· Vermont's Laws on Parental Leave, Family Leave and Short Term Family Leave (Appendix 3),
· Your Rights under the Family and Medical Leave Act of 1993 - Federal (Appendix 4),
· And a copy of this policy
If the employee does not give the thirty days notice for foreseeable leave with no reasonable excuse, the District may delay the taking of the leave up to thirty days after the time the employee gives notice. Leave may also be denied until the employee submits medical certification of the need for leave.
B. In situations where the employee's need for leave is not foreseeable in advance (e.g., unexpected serious health conditions), the employee must provide notice of the need for leave as soon as is practicable. Once the District is aware of the facts underlying the employee's need for a leave, the Superintendent will determine whether or not the employee is qualified for leave under this policy and will give notice of the determination to the employee.
V. MEDICAL CERTIFICATION
A. A FMLA leave based on the serious health condition of the employee or the employee's spouse, child, parent or parent of the employee's spouse requires the employee to provide certification from the appropriate health care provider to support the request. Failure to provide certification will result in denial of the request for leave. The certification must state the date on which the health condition commenced, the probable duration of the condition and the appropriate medical facts regarding the condition. The form attached to this policy should be used to provide this certification. The certification should be sent to the Superintendent to assure confidentiality.B. When leave is foreseeable and at least thirty days notice has been provided, the employee should provide the medical certification before the leave begins. If this is not possible, the employee must provide the certification to the Superintendent upon request within the time frame requested, which will allow at least fifteen calendar days after the request unless it is not practicable under the circumstances.
C. If the employee is needed to care for a spouse, civil union partner, child, stepchild, foster child, ward who lives with the employee, parent, parent of the employee's spouse or parent of the employee's civil union partner; the certification must so state, along with an estimate of the amount of time the employee will be needed. If the employee has a serious health condition, the certification must confirm that the employee cannot perform the functions of his or her job.
D. A second or third medical opinion, at the District's expense, may be required. The second medical opinion will be provided by a health care provider not employed by the District. If the first and second opinion differ, the District, at its expense, may require the binding opinion of a third health care provider approved jointly by the Company and the employee.
E. Periodic reports of the employee's status may be required during the leave period.
VI. PAID LEAVE / BENEFIT CONTINUATION
A. At the option of the employee and consistent with existing District policies, certain kinds of "paid leave" which are provided by the District may be substituted for (i.e., used concurrently with) unpaid FMLA leave. For example, any vacation, personal or family leave to which the employee is entitled may be substituted for leave relating to the birth of an employee's child, placement in the employee's home of a child for adoption or foster care, or to care for an employee's spouse, child, parent or parent of the employee's spouse with a serious health condition.B. Any paid sick leave or disability benefits will automatically be applied (unless indicated otherwise by the employee) when an employee is on an approved FMLA leave for the employee's own serious health condition provided doing so is consistent with existing policies regarding such leave/benefits.
C. Time off for work-related injuries that meet the criteria for a serious health condition will also be treated as family/medical leave time. This can include situations where an employee is receiving Workers' Compensation benefits.
D. During a period of approved family or medical leave, an employee will be retained on the District's health insurance plan under the same conditions as if the employee were still at work. To continue health coverage, the employee must continue to make any contributions that he or she made to the plan before taking leave. Arrangements must be made with the employee's payroll officer for employees to pay their health insurance co-payments while on leave. The employee's failure to make these payments may result in cancellation of coverage.
E. During a period of approved family or medical leave, an employee may also be retained on the District's other insurance plans (non-health insurance) for the duration of the leave provided the employee pays the full cost of the insurance premiums for said plans. Arrangements must be made with the District's payroll officer for the employee to pay his/her other premiums while on leave. The employee's failure to make the premium payments may result in cancellation of coverage.
F. In the event an employee elects not to return to work upon completion of a family or medical leave, the District may recover from the employee the cost of any payments made to maintain the employee's coverage except where the employee does not return because of the continuance, recurrence or onset of a serious health condition or other circumstances beyond the employee's control.
VII. JOB RESTORATION
A. After the leave ends, the employee will be restored to his or her original job, or to an equivalent job with equivalent pay, benefits and other terms and conditions of employment. Restoration may be delayed if an employee who fails to provide any required fitness for duty certification to return to work. The District does not guarantee that an employee will be returned to his or her original job. A determination as to whether a position is a "equivalent position" will be made by the District.B. An employee on leave does not have greater job protection than if the employee had been continuously employed. For example, employees will not be restored to their original or an equivalent job if the employee had been informed prior to requesting leave that employment would terminate or if the position would have been eliminated for reasons unrelated to the leave.
C. Additionally, job restoration may be denied to salaried "eligible" employees (i.e., "Key Employees") who are among the highest paid 10% of employer's employees within 75 miles of the worksite if such denial is necessary to prevent substantial and grievous economic injury to the District's operations. Employees who are in this category will be notified of his or her status as a "key employee" in response to the employee's notice of intent to take leave or when the leave commences, if earlier and the employee will be notified of the potential consequences with respect to reinstatement and maintenance of health benefits. Further, as soon as the District decides it will deny job restoration, it will notify the employee in writing of its determination, explain the reasons for this decision; if leave has commenced, offer the employee a reasonable opportunity to return to work from leave after giving this notice; and make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee requests restoration. Notice will be provided in writing in person or by certified mail.
NOTICE TO EMPLOYEE OF FMLA STATUSDATE: _________________________________________
TO : __________________________________________
(Employee's name)
FROM: __________________________________________
(Name of appropriate employer representative)
SUBJECT: Request for Family/Medical Leave
On _______________, you notified us of your need to take family/medical ("FMLA") leave due to:
(date)
o the birth of a child or placement of a child for adoption or foster care; or
o a serious health condition that makes you unable to perform the essential functions of your job; or a serious health condition affecting your spouse, civil union partner, child, stepchild, foster child, ward, parent, parent of the employee's spouse, parent of the employee's civil union partner for which you are needed to provide care.
You notified us that you need this leave beginning on _____________ and that you expect leave to continue until on or about______________.(date)
Except as explained below, you may have a right to up to 12 weeks of unpaid leave in a 12-month period for the reasons listed above and you must be reinstated to the same or an equivalent job with the same pay, benefits, and terms and conditions of employment on your return from leave.
This is to inform you that: (check appropriate boxes; explain where indicated)
1. You are eligible not eligible for FMLA leave.
2. The requested leave will will not be counted against your annual FMLA leave entitlement.
3. You will will not be required to furnish medical certification of a serious health condition. If required, you must furnish certification by ____________(insert date) (must be at least 15 days after you are notified of this requirement) or we may delay the commencement of your leave until the certification is submitted.
4. You may elect to substitute earned sick days for unpaid FMLA leave. If you so desire, please contact this office to confirm the amount and type of paid leave to which you are entitled. If you are taking leave because of a personal serious health condition, you will receive any paid sick leave to which you are entitled concurrent with your FMLA leave.
5.(a) If you normally pay a portion of the premiums for your health insurance, these payments will continue during the period of leave. You will be required to pay the entire cost of any other insurance benefits which you elect to continue while on FMLA leave. Arrangements for payment have been discussed with you and it is agreed that you will make premium payments as follows: (State the details that specifically cover the agreement with the employee.)
(b)You have a 30-day grace period (or indicate longer period if applicable) in which to make premium payments. If payment is not made timely, your group health insurance may be cancelled, provided we notify you in writing at least 15 days before the date that your health coverage will lapse, or, at our option, we may pay your share of the premiums during your leave, and recover these payments from you upon your return to work. We o will o will not pay your [share of] health insurance premiums while you are on leave.
(c) We will will not pay the premiums for other benefits (e.g., life insurance, disability insurance, etc.) while you are on leave. If we do pay your premiums for other benefits, when you return from leave you will will not be expected to reimburse us for the payments made on your behalf.
(d) If you do not return to work following family/medical leave for a reason other than: (1) the continuation, recurrence, or onset of a serious health condition which would entitle you to family/medical leave; or (2) other circumstances beyond your control, you may be required to reimburse us for health insurance premiums paid on your behalf during your leave.
6. You will will not be required to present a fitness-for-duty certificate prior to being restored to employment. If such certification is required but not received, your return to work may be delayed until such certification is provided.
7. (a) You are are not a "key employee." A "key employee" is a salaried employee that is among the highest paid 10% of all the employer's employees within a 75 mile radius of his or her worksite. If you are a "key employee," restoration to employment may be denied following FMLA leave on the grounds that such restoration will cause substantial and grievous economic injury to us.
(b) We have have not determined that restoring you to employment at the conclusion of FMLA leave will cause substantial grievous economic harm to us. (Explain (a) and/or (b) below).
8. While on leave, you o will o will not be required to furnish us with periodic reports every _______ (indicate interval or periodic reports, as appropriate for the particular leave situation) of your status and intent to return to work. If the circumstances of your leave change and you are able to return to work earlier than the date indicated on the first page of this form, you o will o will not be required to notify us at least two work days prior to the date you intend to report for work.
9.You will will not be required to furnish re-certification relating to a serious health condition.
Appendix 2
Medical Certification Form
Combined Federal & Vermont
(Family and Medical Leave)
1. Employee's Name: _________________________________________.
2. Patient's Name (if different from employee): ______________________________.
3. The attached definitions describe what is meant by a "serious health condition" under the federal and state family and medical leave laws. Does the patient's condition qualify under any of the categories described? If so, please check the applicable category.
(1)___ (2)___ (3)___ (4)___ (5)___ (6)___, (7)___, (8)___ or None of the above ____
4. Describe the medical facts which support your certification, including a brief statement as to how the medical facts meet the criteria of one of these categories:
5. (a) State the approximate date the condition commenced, and the probable duration of the condition (and also the probable duration of the patient's present incapacity if different):
(b) Will it be necessary for the employee to work only intermittently or to work on a less than full schedule as a result of the condition (including for treatment described in Item 6 below)?
Yes ______ No ______
If yes, give the probable duration: ______________________________, and the schedule employee is capable of working: _________________________________________________.
(c) If the condition is a chronic condition or pregnancy, state whether the patient is presently incapacitated and the likely duration and frequency of episodes of incapacity:
Medical Certification Form - Continued
6. (a) If additional treatments will be required for the condition, provide an estimate of the probable number of such treatments: __________.
If the patient will be absent from work or other daily activities because of treatment or on an intermittent or part-time basis, also provide an estimate of the probable number and interval between such treatments, actual or estimated dates of treatment if known, and period required for recovery if any:
(b) If any of these treatments will be provided by another provider of health services (e.g., physical therapist), please state the nature of the treatments:
(c) If a regimen of continuing treatment by the patient is required under your supervision, provide a general description of such regimen (e.g., prescription drugs, physical therapy requiring special equipment):
7. (a) If medical leave is required for the employee's absence from work because of the employee's own condition (including absences due to pregnancy or a chronic condition), is the employee unable to perform work of any kind? Yes ______ No ______
(b) If able to perform some work, is the employee unable to perform any one or more of
the essential functions of the employee's job (see attached job description or other information about essential job functions)? Yes ______ No ______
If yes, please list the essential functions the employee is unable to perform:
(c) If neither a. nor b. applies, is it necessary for the employee to be absent from work for treatment?
Yes ______ No ______
8. (a) If leave is required to care for a family member of the employee with a serious health condition, does the patient require assistance for basic medical or personal needs or safety, or for transportation? Yes ______ No ______
(b) If no, would the employee's presence to provide psychological comfort be beneficial to the patient or assist in the patient's recovery? Yes ______ No ______
(c) If the patient will need care only intermittently or on a part-time basis, please indicate the probable duration of this need:____________________________ and the schedule employee is able to work:______________________________________________________.
________________________________ ________________
(Signature of Health Care Provider) (Type of Practice)________________________________ ________________
(Address) (Telephone number)
COMBINED FEDERAL AND VERMONT FAMILY & MEDICAL LEAVE DEFINITIONS
A Serious Health Condition means an accident, illness, injury, impairment, disease or physical or mental condition that involves one of the following:
1. HOSPITAL CARE
Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.
2. ABSENCE PLUS TREATMENT
A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:
(1) Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g. physical therapist) under orders of, or on referral by, a health care provider; or(2) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
3. PREGNANCY
Any period of incapacity due to pregnancy, or for prenatal care requiring continuing treatment by or under the supervision of a health care provider.
4. CHRONIC CONDITIONS REQUIRING TREATMENTS
A chronic condition requiring continuing treatment by or under the supervision of a health care provider which:
(1) Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;(2) Continues over an extended period of time (including recurring episodes of a single underlying condition); and
(3) May cause episodic rather than a continuing period of incapacity (e.g. asthma, diabetes, epilepsy, etc.).
5. PERMANENT/LONG-TERM CONDITIONS REQUIRING SUPERVISION
A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.
6. MULTIPLE TREATMENTS (NON-CHRONIC CONDITIONS)
Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
7. IMMINENT DANGER OF DEATH
8. IN-HOME CARE
Any period of absence requiring in-home care under the direction of a physician.
Return to the Top
FF
TW
CY
First Reading:
5/14/01
5/9/01
5/10/01
Second Reading:
9/10/01
6/20/01
8/23/01
Warned Date:
9/11/01
8 /15/01
8/27/01
Hearing Date:
9/24/01
9/12/01
9/27/01
Adopted Date:
9/24/01
9/12/01
9/27/01
E. Business and Non-Instructional Operations
8. BOMB THREAT RESPONSE POLICY
CODE: E8
1. Policy Statement
It is the policy of the School Districts to respond quickly and effectively to any threat to the safety of its students and staff. As a result, it has adopted the following provisions that its personnel are directed to follow in order to prepare for, respond to, and follow up on the communication of any threat that an explosive device has been or will be placed on school grounds.II. Anticipating a Bomb Threat
A. Line of AuthorityThe principals of the St. Albans City, St. Albans Town and Fairfield Schools are designated as the person in charge of administering this policy. If the principal so decides, he/she may designate a named administrator to serve in his/her absence. Wherever "Principal" appears in this policy, it refers either to the principal or administrator designated by the principal.
B. Coordination of school and public safety agencies
The principal of each school district shall establish and maintain ongoing communication and coordination among school staff and public safety authorities for purposes of planning for, training for, and responding to any bomb threat. For this purpose, the principal may establish a crisis response team that may consist of the principal, the superintendent, and persons representing teachers, custodians, office staff, transportation providers and parents. The principal may request participation on this team by persons representing local law enforcement and fire/rescue agencies.
The principal shall convene this group:
1. At the beginning of each school year, to review this policy and any associated protocols;2. Whenever a bomb threat has been made at the school, to coordinate and oversee response efforts; and
3. After any bomb threat is resolved to review implementation of this policy as required by Section IV.F.
C. Training
1. Telephone answerersThe principal shall ensure that all staff whose regular duties include answering incoming telephone calls are trained in the protocol to be used when confronted by a telephone bomb threat.
2. All Staff
The principal shall ensure that all staff are trained regarding their duties in the event of a bomb threat, regarding proper evacuation procedures, ensuring the safety of students and staff, noting the absence of any students, conducting quick but complete visual scans of their workplace, and attendance reporting responsibilities.
3. Students
The principal shall ensure that all students are instructed about proper conduct during an evacuation, the potential criminal and civil penalties as well as school discipline associated with making a bomb threat, and the disruption and costs to the educational process stemming from a bomb threat.
D. Drills
The principal shall conduct no fewer than two evacuation drills during the school year and will review the procedures to be followed in the event of an evacuation.
E. Prearranged Signal
The principal shall establish a signal for announcing an evacuation/bomb threat and inform staff of the signal.
F. Precautions
1. Telephone service optionsThe principal shall ensure that at least main office telephone service includes call tracing capacity (*69).
2. Locked Areas
School personnel with access to lockable workspaces shall lock them when not in use. (i.e. custodial supplies, mechanical closets)
3. Trash
The principal shall direct school personnel not to permit the accumulation of trash, boxes, and other articles inside or next to the school building.
4. Parking
The principal shall, to the extent possible, ensure that parking spaces are not located close to the school building. There shall be stringent enforcement of parking restrictions relative to fire lanes, loading docks and handicapped parking spaces.
5. Labeling Building Areas
The principal shall ensure that different areas of the building are assigned specific labels, to be posted in plain sight and to be communicated to school and public safety authorities, such as labeling storage rooms that contain cleaning chemical agents, or flammable materials. A map of the school will be made available to all personnel and public safety officials.
6. Evacuation Gathering Places
The principal shall designate specific locations to which all students and staff shall go, consistent with Section III.E1 and away from heavily traveled roadways, to the extent possible, if an evacuation of the school is necessary.
G. Substitutes
The principal shall ensure that substitute personnel are aware of this policy and the obligations of staff during an evacuation.
III. Reacting to a Bomb Threat
A. Upon Receiving a Bomb ThreatAll personnel who answer telephone calls from outside sources shall be provided a bomb threat card and report form, to be placed within easy reach of their telephone, on which is printed information to listen for in the event a caller makes a bomb threat. Whoever receives the call shall ask the caller as many of the questions on the bomb threat card as he/she can, carefully noting all wording and other information. Do not hang up the phone. Keep the caller on the phone for as long as possible and follow call trace procedure.
B. Notification
1. Of the PrincipalA person receiving a bomb threat by telephone or other means or who finds a suspicious device on school property shall inform the principal immediately.
2. By the Principal
Upon learning of the bomb threat, the principal shall alert local public safety agencies (police), the superintendent and school board chair.
C. Activating the Team
After deciding on which course of action to follow, the principal may activate the crisis response team.
D. Evacuation
1. SignalingWhen the principal decides the building should be evacuated, he/she shall inform the staff immediately.
2. Adjusting Evacuation Route
The principal shall direct personnel to adjust their usual evacuation route to avoid any suspected location of an explosive device.
3. Staff Obligations
In the event of an evacuation, staff shall:
a. Visually scan their workplace and any other common areas to which they have been assigned looking for any thing or person out of the ordinary. If there is such an object, staff should not touch it but should report its presence to a member of the crisis team.b. Make sure any students in their charge are guided to safety, ensure arrangements for students with disabilities are followed, and remain with students in their charge; and
c. Take an attendance book with them, take attendance once the evacuation is accomplished, note the absence of any students normally in their charge; and report their names to the principal.
4. Student Conduct
All students shall assist staff by obeying all directions and maintaining an orderly and quiet demeanor.
5. Utilities
Fuel - If necessary, the principal in conjunction with police and fire department shall direct appropriate personnel to turn off gas, electrical and other fuel lines at intake.
6. Transportation and Traffic
The principal shall ensure a safe and efficient traffic pattern is in place to enable students, in the event school is dismissed, to depart efficiently and without impeding access and parking for public safety vehicles.
E. Search
1. To What ExtentThe principal, may decide on the extent to which the building will be searched. The decision shall be either:
a. Not to conduct a search;b. To search specific portions of the building; or
c. To search the entire building and grounds.
2. Method
A search shall be conducted in accordance with techniques and training provided by public safety personnel. The principal, in conjunction with the public safety officials, will designate search personnel and arrange for periodic training from the public safety officials.
3. Object Found
If any suspicious object is actually discovered, no school personnel should touch it. Instead, the individual discovering the object should report it immediately to the crisis team.
The crisis team shall immediately report it in turn to the public safety official in charge and/or principal.
4. Explosion
If there is an explosion, the Principal shall yield to the authority and protocols of public safety authorities.
IV. After a Bomb Threat
A. Investigation
The Principal, and all other personnel, shall cooperate with law enforcement personnel involved in investigating a bomb threat. School personnel shall work with law enforcement in conducting any investigation.
B. Discipline
Any student involved in the making of a bomb threat, in addition to any penalty imposed by law, shall be subject to disciplinary action by the school, including possible expulsion.
C. Civil Liability
The St. Albans City , St. Albans Town and Fairfield School Districts reserve the right to bring suit against anyone responsible for a bomb threat and to seek restitution and other damages permitted by law.
D. Lost Time
Any school time lost as a result of a bomb threat/evacuation may be made up on days and at times determined by the School Board.
E. Counseling
The Principal, in consultation with appropriate guidance and other personnel, shall assess the effect of the bomb threat on students as a whole and on any individual students who come to his or her attention, to determine if and what type of counseling would be appropriate.
F. Evaluation
Within one week following the conclusion of the school's response to a bomb threat, the Principal shall convene the crisis response team to evaluate how well the school did respond, how consistent its response was with this policy, how consistent its response was with its implementation procedures, and whether any changes to the provisions of this policy or implementation procedures are recommended as a result.
V. Communicating with the Public
A. About the Policy
All school handbooks, including those for faculty, staff, parents, and students, shall contain the following provision:
The St. Albans City, St. Albans Town and Fairfield School Districts has adopted a comprehensive policy on what to do in the event of an evacuation/bomb threat. You may obtain a copy of the complete policy by requesting one from the main office.
While we intend to respect the legitimate privacy interests of all persons, it is lawful for school authorities within constitutional boundaries to conduct reasonable examination of personal property on school grounds, including but not limited to lockers, desks, backpacks, book bags, and automobiles. In the event of a bomb threat, we may have to search such items in order to ensure the safety and protection of people and property.
We also want all members of the school community to know that any academic time lost as a result of a bomb threat may be rescheduled, either on a weekend, vacation day, or following what would otherwise be the end of the school year. In addition, under State law, the making of a bomb threat is a very serious criminal offense, punishable for even a first offense by as much as 2 years in prison and a $5,000 fine or loss of one's driving license or, if a minor, the inability to obtain a driver's license. The making of such a threat may also lead to civil liability.
B. Communications
1. ParentsIn the event of a bomb threat, the Principal shall attempt to ensure that notice is provided to all parents of students through the public media. If school is dismissed as a result of a bomb threat, the Principal shall implement general school procedures for notification of parents.
2. Media
Any school personnel approached about a bomb threat by a representative of the media shall refer that representative to the Superintendent, Principal or their designee. That official shall provide the representative a formal statement regarding the status of the threat. If approached during the threat, the official shall ask the representative to wait for a time when circumstances legitimately permit the official to take a few moments to speak with him or her. Any statement given shall be calm and informative without divulging personally identifiable information about students and shall emphasize the efforts made or underway to protect the safety of students and staff.
FF
TW
CY
First Reading:
7/9/01
7/11/01
7/12/01
Second Reading:
x
8/8/01
x
Warned Date:
7/11/01
8/14/01
7/13/01
Hearing Date:
8/13/01
9/12/01
8/9/01
Adopted Date:
8/13/01
9/12/01
8/9/01
CODE:E9
It is the policy of the Franklin Central Supervisory Union (hereinafter "Supervisory Union") that all its schools provide safe, orderly, civil and positive environments. Hazing has no place in the District's schools and will not be tolerated. Accordingly, the District adopts the following policy and procedures to prohibit hazing and will ensure the enforcement thereof.Definitions
"Hazing" means any act committed by a person, whether individually or in concert with others, against a student in connection with pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization which is affiliated with the District; and which is intended to have the effect of, or should reasonably be expected to have the effect of, humiliating, intimidating or demeaning the student or endangering the mental, psychological, or physical health of the student. "Hazing" also includes soliciting, directing, aiding, or otherwise participating actively or passively in the above acts. Hazing may occur on or off school grounds.
Examples of hazing include, but are not limited to:
1. Any type of physical brutality such as whipping, beating, striking, branding, electrical shocks, placing a harmful substance on or in the body, or other similar activity; or2. Any type of physical activity such as sleep deprivation, exposure to the elements, confinement in a small space, or other activity that creates or results in an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student; or
3. Any activity involving consumption of food, liquid, alcoholic beverage, drug, or other substance that subjects a student to an unreasonable risk of harm; or
4. Any activity that induces, causes, or requires a student to perform a duty or task, which involves the commission of a crime or an act of hazing. Hazing shall not include any activity or conduct that furthers the legitimate curricular, extracurricular, or co-curricular goals provided that the goals are approved by the School Board of the District and provided that the activity or conduct furthers those goals in a manner that is appropriate, contemplated by the School Board, and normal and customary for similar public school programs. An example of this exception might be reasonable athletic training exercises.
"Affiliated Organization" means an athletic team, association, cooperative, club, or other similar group, whose members primarily are students of the District, and which is affiliated with the District.
"Pledging" means any action or activity related to becoming a member of an organization.
"Principal" means the principal of a school or the director of a technical center or any person designated by them to carry out a particular function.
"Student" means any person who: (1) is enrolled in any school or program in the Franklin Central Supervisory Union, (2) has been accepted for admission into any school or program operated by the District, or (3) intends to enroll in any school or program operated by the Supervisory Union during any of its regular sessions after an official academic break.
Notification of Hazing Policy
Annually, the student handbook, which shall be presented to students prior to the commencement of any academic courses, shall contain: (1) a description of this hazing policy in age appropriate language, (2) examples of hazing, and (3) a listing of those persons whom the Board has designated to receive reports of hazing. The schools of the Supervisory Union also shall effectively inform students about the substance of this hazing policy and its procedures at the beginning of each school year.
The coach or supervisor of the co- or extra curricular activity shall orally explain the prohibition against hazing to each student who participates in the co - or extra curricular activity that begins prior to the commencement of any academic courses. This explanation will include the reasons for the prohibition, and the potential consequences to participants and, in the case of a club or an athletic team, to the club or team itself.
The consent form that students sign should contain a statement that they have been informed on their school's hazing policy.
Annually, custodial parents and guardians of students shall be provided a copy of this hazing policy prior to the commencement of co- or extra curricular activities. Annually, staff members shall be provided with a copy of this hazing policy prior to the opening of school. Coaches or supervisors of co- or extra curricular activities shall be provided a copy of this hazing policy upon employment by the District.
Reporting of Hazing
Students who have reason to believe that an incident of hazing might or did occur shall report such belief to any coach of an extracurricular team, teacher, school nurse, guidance counselor, or school administrator. Staff members who have received such a report from a student or who otherwise have reason to believe that an incident of hazing might or did occur shall report such belief immediately to the principal /designee, or, in the event of the unavailability of the principal/designee the superintendent . The report may be in writing or oral. If the report is made orally, the receiver shall make a written record of the report.
It shall be a violation of this policy for a person to retaliate against a student or other person for reporting a suspected incident of hazing or cooperating in any investigation or disciplinary proceeding regarding an incident of hazing.
It is possible that an incident of hazing might also fall within the definition of abuse, neglect, or exploitation as those terms are defined in 33 V.S.A. 4912(2) and 33 V.S.A. 6902(1), (7) and (9). To the extent a staff member is a mandatory reporter of suspected child abuse or neglect or abuse of disabled adults, reporting a suspected incident of hazing to the principal does not relieve the reporter of any obligations additionally to report such suspicions to the Commissioner of the Vermont Department of Social and Rehabilitation Services as set forth in 33 V.S.A. 4914 or to the Commissioner of the Department of Aging and Disabilities as set forth in 33 V.S.A. 6904.
Investigation of Reports of Hazing
The principal, / designee, upon receipt of a report of hazing, promptly shall cause an investigation to commence. The investigation shall be timely and thorough and the findings and conclusions of the investigation shall be reduced to writing. Unless there are exceptional circumstances, the investigation shall be concluded within ten school days.
Disciplinary Action
If the investigation concludes a student committed an act of hazing or otherwise violated this policy, that student shall be subject to appropriate disciplinary action, including but not limited to suspension or expulsion from co- or extra curricular activities or from school. Any disciplinary action against a student shall be subject to the procedures set forth in each school's Policy Manuals and/or Student Handbooks.
If the investigation concludes that one or more students from the same athletic team or other co- or extra curricular activity directed, engaged in, aided or otherwise