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5000 SERIES
Personnel TABLE OF CONTENTS |
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I. General Employment Policies
A. Initial Employment
II. Conduct of Employees
A. General Conditions of Employment
III. Licensed Employees
IV. Classified Employees
V. Administrators
EQUAL EMPLOYMENT OPPORTUNITIES
It is the policy of the Cleveland County Board of Education to provide equal opportunities for employment and compensation for all persons without regard to race, color, sex, age, religion, national origin, political affiliation, marital status or disability, except where specific sex, age, or physical or mental requirements constitute bona fide and essential occupational qualifications. All candidates will be evaluated on their merits and qualifications for positions. It is also the policy of the Cleveland County Board of Education that when providing training, compensation, promotion, and other attributes of employment it shall provide them without regard to race, color, sex, age, religion, national origin, political affiliation, mental status or disability, except where specific sex, age, or physical or mental requirements constitute bona fide and essential occupational qualifications. Further, the Cleveland County Board of Education requires all employees to abstain from any discriminatory practices. LEGAL REF: Title VII of the Civil Rights Act of 1964 as amended by the DIVERSITY OF STAFF
The Cleveland County Board of Education believes in the value of providing students with an opportunity to learn from staff members of diverse backgrounds. The school system shall provide, through a positive and effective recruitment and selection program, equal opportunities for employment, retention, and advancement of all persons regardless of gender, age, political affiliation, race, color, religion, national origin, or disability. The board directs the superintendent or designee to work toward the accomplishment of this goal through a personal commitment to diversity. The specific expectation of the board is that those persons in administrative positions will be cognizant of the values of staff diversity. The Cleveland County Board of Education recognizes the educational and professional advantages of racial, sexual, and cultural diversity in the make-up of the employees who serve the students enrolled in the Cleveland County Schools. Therefore, the board is committed to recruiting applicants who reflect the racial, sexual and cultural diversity of the Cleveland County community and the students who attend the Cleveland County Schools. The board directs the superintendent or designee to be active in recruitment efforts and to comply in good faith with all relevant laws and regulations. LEGAL REF: Title VII of the Civil Rights Act of 1964 as amended by the .
RECRUITMENT AND SELECTION
It shall be the policy of the Cleveland County Board of Education that a continuous system of recruitment and selection of personnel be maintained in order to assure competent candidates for vacancies as needed. The Cleveland County Board of Education believes in the value of providing students with an opportunity to learn from staff members of diverse backgrounds. Therefore, the board is committed to recruiting applicants who reflect the racial, sexual and cultural diversity of the Cleveland County community and the students who attend the Cleveland County Schools. The board will employ the best candidate for the job. The superintendent will recommend and the board will hire candidates for employment based on the following: 1. Application 2. Qualifications, including those required by No Child Left Behind 3. State licensure, where applicable 4. Record of experience, background information, performance, including references 5. Personal interviews 6. Criminal record checks 7. Any other relevant information All hiring practices will comply with the board’s Equal Employment Opportunities policy. LEGAL REF: G.S. 115C-36, -47, 276(j), -299, -315; 20 U.S.C. § 6319; 20 U.S.C. § 7081 ADOPTED: January 23, 2006 NEPOTISM
The Cleveland County Board of Education shall not employ and/or place members of an immediate family in positions where one family member would be under the direct supervision of the other. No employee shall recommend the employment of any immediate family member without disclosure of that family relationship to the superintendent or designee. A member of the immediate family shall be defined as: wife, husband, sister, brother, son, daughter, mother, father, father-in-law, mother-in-law, son-in-law, and daughter-in-law. LEGAL REF: G.S. 115C-36, -47 ADOPTED: January 23, 2006
SELECTION AND USE OF ATHLETIC COACHES
The Cleveland County Board of Education supports the concept of interscholastic athletic competition as permitted under the rules and regulations of the North Carolina State Board of Education and the North Carolina High School Athletic Association (NCHSAA). The board recognizes the important role of the athletic coach in assuring that participants on interscholastic athletic teams receive proper instruction in the skills and techniques for their respective sports and adequate supervision to protect athletes’ health and safety. Furthermore, the board recognizes the importance of a coach’s role in the mentor-mentee relationship with his/her athletes. Since many athletes look up to their coaches as mentors, each coach has a golden opportunity to encourage/develop responsibility, and a work ethic which will contribute not only to the athlete’s academic and sporting performance but also throughout life. It is the expectation of the board that all athletic coaches teach not only the lessons of their particular sport but also the lessons of life. Demonstration of the highest level of positive character traits such as honesty, integrity, and fairness in the athletic arena is a key component of coaching responsibilities. This demonstration should serve as a building block for the mental and social development of the student athlete as a productive member of his/her school as well as society at large. It is the intent of the Cleveland County Board of Education that head coaches of all athletic teams be selected from the full-time faculty members of the school system. Furthermore, the board encourages principals of schools with athletic programs to follow these same guidelines in selection of assistant coaches, trainers and others who work directly with students. In rare circumstances, when all options have been considered and no qualified faculty member can be identified to serve as the head coach of an athletic team, the principal of the school involved may recommend an individual who is not otherwise a school employee to fill the vacancy. All individuals assigned to work with athletes must be approved by the superintendent, prior to their assuming their duties as assistant coach, trainer, etc. This policy pertains to all coaches, whether salaried or volunteer/non-salaried, at the high school and middle school levels. LEGAL REF: G.S. 115C-36, -47(4)
ADVERTISING VACANCIES
All vacancies occurring during the regular school year shall be advertised a minimum of five calendar days prior to filling of said vacancies, except when hardship and/or circumstances affecting the instruction of children warrant filling a position sooner. LEGAL REF: G.S. 115C-36; -47 ADOPTED: November 7, 2005
CRIMINAL RECORDS CHECKS
A criminal records check will be conducted of applicants and/or newly hired employees, including substitutes. If an applicant is hired prior to the completion of the criminal records check, the employment shall be considered conditional pending a review of the results of the check. Applicants shall be required to answer completely and accurately questions on their application with regard to previous criminal history. Failure to do so will subject the applicant to not being hired and an employee to being dismissed. Applicants also shall consent in writing to an initial criminal record check and post employment criminal record checks and to providing fingerprints and other identifying information relied upon by any relevant repositories of criminal information. Failure to consent or provide relevant information will result in rejection of an applicant or dismissal of a newly hired employee. At a minimum, the following criminal records check shall be conducted: (a) In the case of applicants or conditional employees who have only lived and worked within the state of North Carolina for the five years before the date of application, the administration will conduct a statewide criminal record check. (b) In the case of applicants or conditional employees who have lived or worked outside of North Carolina during the five years before the date of application, the administration will conduct both federal and state record checks. The applicant or conditional employee will be rejected for employment if the criminal record check and supporting records reveal a “criminal history,” defined as the conviction of a crime, whether a misdemeanor or felony, that indicates the employee (1) poses a threat to the physical safety of students or personnel, or (2) has demonstrated that he or she does not have the integrity or honesty to fulfill his or her duties as a public school employee. Conviction of a crime, as used in this policy, includes the entry of (1) a plea of guilty, nolo contendere, no contest or the equivalent, or (2) a verdict or finding of guilty in a court of law or military tribunal. The school system shall consult with legal counsel or obtain a certified copy of an applicant’s or conditional employee’s conviction notice prior to any final employment decision based on the criminal history. If the school system considers criminal history in making a decision adverse to an applicant or conditional employee, the superintendent or designee shall make written findings with regard to how it used such information. The school system shall provide to the State Board of Education information on where to obtain the record of conviction, including the person’s name, criminal case number, and the county of conviction for a person who is certificated, certified or licensed by the State Board of Education where the school system discovers the “criminal history” through an employment criminal records check. If a criminal record check reveals that an applicant or conditional employee was charged with but not convicted of a crime, whether misdemeanor or felony, that suggests that the employee may not meet the employment standards of the board, the administration may conduct a further investigation into the person’s conduct and the circumstances surrounding the charge to determine the person’s fitness for employment. Applicants and current employees shall notify the director of human resources immediately if they are charged with or convicted of a criminal offense (including entering a plea of guilty or nolo contendere) except minor traffic violations.
A criminal records check also may be conducted on an individual, random, or rotating basis of annually rehired and current employees (including substitutes), as well as on independent contractors and volunteers whose services involve contact with students. If the school system conducts these checks through the North Carolina Department of Justice or through a private service, it must first obtain the individual’s consent. Information obtained through the implementation of this policy shall be kept confidential as provided in the North Carolina General Statutes and regulations. The school system shall maintain in paper format only data from a criminal history check conducted through the North Carolina Department of Justice. These records shall be kept in a locked, secure place, separate from the individual’s personnel file. Procedures for implementing this policy, including a list of individuals entitled to access criminal history information, may be developed and administered by the superintendent. If the school administration conducts criminal record checks that are subject to the Fair Credit Reporting Act, it shall provide employees or applicants with all required notices and disclosures before conducting the record check or taking adverse employment action against the employee or applicant. LEGAL REF: G.S. 115C-332; 16 N.C.A.C. 6C.0313; G.S. 110-90.2; G.S. 114-19.2; 15 USC § 1681 et seq. ADOPTED: January 23, 2006
Exhibit 5060-E Special condition for conditionally hired employees I understand that this offer of employment is conditional upon satisfactory completion of a criminal record check as required by Policy No. 5060. I understand that if the criminal record check reflects that I do not meet the employment standards of the Cleveland County Board of Education this offer of employment will be withdrawn and my conditional employment terminated immediately.
CONSUMER REPORT NOTICE AND AUTHORIZATION
The Cleveland County Schools will conduct a criminal record check on you before finally approving your application for employment. The Cleveland County Schools also may conduct periodic criminal record checks on you after you are hired. If the Cleveland County Schools obtains these reports from a credit reporting agency, the reports are considered consumer reports under the federal Fair Credit Reporting Act. You are entitled to receive a copy of any consumer report if you request it, or if the school system modifies your employment status as a result. In order to be considered a candidate for permanent employment in the Cleveland County Schools, you must authorize the school system to obtain a criminal history report on you. Authorization
Please complete this form if you authorize the Cleveland County Schools to obtain a criminal history report from a credit reporting agency, the North Carolina State Bureau of Investigation, or other agency or source of information. Name: ________________________________________________________________________ LAST FIRST MIDDLE MAIDEN Mailing Address: ____________________________________________________________ STREET/P.O. BOX ____________________________________________________________ CITY ________________________________STATE _______________ ZIP__________________ Home Phone: (_____)_______________ Birthdate: _____/_____/______ N.C. Driver’s License #: _____________________ SSN #: ___________________ School/Dept: _______________________________ Job Title: List all counties of residence in North Carolina: ____________________________________ ____________________________________ ____________________________________ ____________________________________ List all residences outside of North Carolina, including street address, city and state: ____________________________________ ____________________________________ ____________________________________ ____________________________________ I hereby authorize the Cleveland County Schools to obtain a criminal history report from a credit reporting agency, the North Carolina State Bureau of Investigation, or other agencies, and waive any claim for damages or injury against the Cleveland County Schools or the provider of the report, except as provided by the Fair Credit Reporting Act.
Applicant’s / Employee’s Signature: ____________________________ Date: _____________
HEALTH CERTIFICATE
Any person initially employed in a public school, or re-employed after an absence of more than one school year, shall file with the human resources office a certificate certifying that the person does not have any physical or mental disease, including tuberculosis in the communicable form or other communicable disease, that would impair the person’s ability to perform his or her duties effectively. Any public school employee who has been absent for more than 40 successive school days because of a communicable disease must, before returning to work, file with the human resources office a certificate certifying that the individual is free from any communicable diseases. The certificate required by this policy must be prepared by: 1. a physician licensed to practice in North Carolina, 2. a nurse practitioner approved under G.S. 90-18(14), or 3. a physician’s assistant licensed to practice in North Carolina. In the case of a person initially employed in a public school, any of the following who holds a current, unrestricted license or registration in another state may prepare the certificate: 1. a physician, 2. a nurse practitioner, or 3. a physician’s assistant so long as evidence of the license or registration is on the certificate The health certificate form is available in the human resources office. LEGAL REF: G.S. 115C-323 ADOPTED: January 23, 2006
CODE OF ETHICS AND STANDARDS OF CONDUCT
All school system employees hold positions of public trust; they are responsible for the education of students and also serve as examples and role models to students. Each employee is responsible for both the integrity and the consequences of his or her own actions. The highest standards of honesty, integrity, and fairness must be exhibited by each employee when engaging in any activity concerning the school system, particularly in relationships with vendors, suppliers, students, parents, the public, and other employees. Employee conduct should be such as to protect both the person’s integrity and/or reputation and that of the school system. Employees shall not use their positions or assignments to influence students in a manner that would provide personal benefit to the employee. An unswerving commitment to honorable behavior by each and every employee is expected. Integrity can accommodate the inadvertent error and the honest difference of opinion; it cannot accommodate deceit or subordination of principle. This policy applies at all times and locations where the employee’s conduct might reflect poorly on the school, the school system, the employee’s status as a role model for students, or to the extent otherwise permitted by law. Employees shall perform their jobs in a competent and ethical manner without violating either the public trust or applicable law, policies, and regulations. It is not practical or possible to enumerate all of the situations that might fall under the guidelines of this policy. Employees must honor other policies, regulations, and approved practices that have been established covering specific areas of activity, such as conflicts and student testing. The absence of a law, policy, or regulation covering a particular situation does not relieve an employee from the responsibility to exercise the highest ethical standards at all times. Failure to comply with this policy will result in disciplinary action up to and including dismissal. LEGAL REF: G.S. 115C-47(18), -308; G.S. 14-234, -234.1 ADOPTED: November 7, 2005 RESPONSIBILITIES AND DUTIES
All school employees shall be held responsible for familiarizing themselves with the policies of the Cleveland County Board of Education and shall be held accountable for compliance with those policies, as well as any system-wide or school rules, plans or procedures. Each employee is responsible for: A. The smooth and efficient operation of the school system; B. The growth and development of students; C. Conducting oneself as a role model for students; D. Complying with applicable state and federal laws; E. Performing all duties in a professional and effective manner; and F. Demonstrating and maintaining the required competence and qualifications for the assigned position. Each employee is directly responsible to the designated supervisor, and additional responsibilities may be assigned to each employee by the designated supervisor. The failure to follow the directive of a supervisor is grounds for dismissal. LEGAL REF: G.S. 115C-36, -47, -105.47, -307, -308, -325; 20 U.S.C. § 6319; 20 U.S.C. § 7801 ADOPTED: November 7, 2005
HARASSMENT The Cleveland County Board of Education is committed to providing a nondiscriminatory environment that is conducive to learning. To this end, the board specifically prohibits harassment on the basis of race, religion, sex, ethnicity, national origin or disability. This policy is in addition to the board’s Sexual Harassment policy. Harassment means any offensive verbal, nonverbal or physical conduct that is sufficiently severe, persistent or pervasive to interfere with a student’s ability to participate in or benefit from an educational program or activity, or to alter the conditions of an employee’s employment and create a hostile working environment. Prohibited conduct may include, but is not limited to, abusive jokes, insults, slurs, name-calling, threats, bullying or intimidation. Harassment is prohibited at all levels: between students, between employees and students, between peers or coworkers, between supervisors and subordinates, or between nonemployees and employees and/or students. Any student who believes that he or she has been harassed in violation of this policy should report such behavior immediately to a teacher, counselor or administrator at his/her school. A school employee who is notified of or otherwise becomes aware of conduct which may violate this policy shall report the matter to the principal, and failure to do so may subject the employee to disciplinary action. Any employee who believes that he or she has been harassed in violation of this policy should report such behavior to the principal, the Director of Personnel, or the superintendent. Any supervisor who reasonably believes that an employee has been subjected to harassment in the workplace shall report the information promptly to the Director of Personnel or the superintendent. All complaints of harassment shall be promptly and thoroughly investigated. Evidence of harassment may result in disciplinary action being taken, up to and including dismissal in the case of employees, or up to and including long-term suspension or expulsion in certain cases for students. The board specifically prohibits retaliation against any individual who makes a complaint or reports an incident of harassment or who participates in an investigation or grievance proceeding initiated under this policy. Nothing in this policy precludes the school system from taking disciplinary action against a student or employee where the evidence does not establish harassment but the conduct otherwise fails to satisfy the school system’s high expectations for appropriate conduct. LEGAL REF: Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.; Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq.; G.S. 126-16. ADOPTED: July 12, 2004
SEXUAL HARASSMENT The Cleveland County Board of Education believes that all employees and students are entitled to work and study in school-related environments that are free of sexual harassment. To this end, the board prohibits employees and students from engaging in sexual harassment and advises employees and students that when evidence of sexual harassment is established, disciplinary action may be taken, up to and including dismissal in the case of employees, or up to and including long-term suspension or expulsion in certain cases for students. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
A. Submission to the conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, academic progress, or completion of a school-related activity; or B. Submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual, or, in the case of a student, submission to or rejection of such conduct is used in evaluating the individual’s performance within a course of study or other school-related activity; or C. Such conduct has the purpose or effect of unreasonably interfering with an employee’s work or performance or a student’s educational performance, or creating an intimidating, hostile, or offensive environment. Examples of sexual harassment include, but are not limited to, deliberate, unwelcome touching; suggestions or demands for sexual involvement accompanied by implied or overt promises of preferential treatment or threats; pressure for sexual activity; continued or repeated offensive sexual flirtations, advances or propositions; continued or repeated verbal remarks about an individual’s body; sexually degrading words used toward an individual or to describe an individual; or the display in the work place or school setting of sexually suggestive objects or pictures. Sexual harassment does not include personal compliments welcomed by the recipient, or social interactions or relations freely entered into by employees or prospective employees or appropriate social interactions between students that do not violate the Student Code of Conduct. In the case of consensual relations between students, there may be reason to question the consensual nature of the conduct if one or both of the students are very young or there is an age disparity between the students. It is possible for sexual harassment to occur at various levels: between peers or co-workers, between supervisors and subordinates, between employees and students, between students, or imposed by non-employees on employees and/or students. Romantic or sexual advances toward students by employees or romantic or sexual relationships between school system employees and students are never appropriate, whether or not they are consensual or otherwise outside the definition of sexual harassment. Such relationships are prohibited. Employees engaging in inappropriate relationships with students will be subject to disciplinary action, up to and including dismissal. Any employee who has reason to believe that another employee is inappropriately involved with a student, as described above, shall report this information to the Director of Personnel or designee. An employee who fails to inform the Director of Personnel or designee of a reported or suspected inappropriate relationship between an employee and a student may be subject to disciplinary action. All complaints of sexual harassment and all incidents of sexual harassment of which school administrators have actual knowledge shall be promptly and thoroughly investigated according to the following procedure:
A. All investigations of sexual harassment shall be confidential. Information shall be given only to those individuals who need to have access to it in order to appropriately investigate and address the complaint. The Director of Personnel or designee shall act as the compliance coordinator and will be primarily responsible for assuring that sexual harassment complaints are investigated. B. A student who believes that he or she has suffered sexual harassment may report the matter to the school principal. However, any teacher or other school employee who receives from a student a report of alleged sexual harassment or otherwise becomes aware of such conduct shall immediately report the same to the school principal and the principal shall promptly inform the Director of Personnel or designee of the allegations. Failure by the employee to do so may subject the employee to disciplinary action. If the student’s school principal is the alleged offender, such report by the student or by other school employees shall be made to the Director of Personnel or designee. C. An employee who believes that he or she has suffered sexual harassment may report the matter to the Director of Personnel or designee. However, any school employee who occupies an organizationally superior position relative to an employee who receives from such employee a report of alleged sexual harassment or otherwise becomes aware of such conduct shall promptly report the same to the Director of Personnel or designee. Failure by such employee to do so may subject the employee to disciplinary action. If the Director of Personnel or designee is the alleged offender, such report shall be made to the superintendent. D. In any case involving alleged sexual harassment by the superintendent, reports shall be made to any member of the Cleveland County Board of Education. E. The Director of Personnel or designee shall promptly and thoroughly investigate allegations of sexual harassment and recommend to the superintendent an appropriate course of action. The superintendent shall review the recommendation and implement an appropriate course of action. The actions taken should be reasonably calculated to end any harassment, eliminate a hostile environment if one has been created, and prevent harassment from occurring again. Incidents of sexual harassment shall be deemed to be serious disciplinary infractions. In the case of students, the Student Code of Conduct outlines the range of disciplinary consequences. F. The superintendent may establish such guidelines and additional procedures deemed necessary for the purpose of implementation of this policy. G. If for any reason, the complainant is not satisfied with the administrative response, he/she may file an appeal with the chair of the Cleveland County Board of Education. Such an appeal should be filed by the complainant within 30 days of being informed of the superintendent’s response to the complaint. H. The board specifically prohibits retaliation against any individual who makes a complaint or reports an incident of sexual harassment or who participates in an investigation or grievance proceeding initiated under this policy. I. Nothing in this policy precludes the school system from taking disciplinary action against a student or employee where the evidence does not establish sexual harassment but the conduct otherwise fails to satisfy the school system’s high expectations for appropriate conduct. It shall be the responsibility of the superintendent and designee to inform school employees and students regarding this policy. LEGAL REF: Title VII of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; G.S. 126-16; G.S. 115C-335.5 ADOPTED: July 12, 2004 PROHIBITED RELATIONSHIPS WITH STUDENTS
All employees of the Cleveland County Board of Education, including student teachers, substitute teachers, and contractors hired to perform instructional or professional services, are prohibited from dating, courting or entering into a romantic or sexual relationship with any student enrolled in the Cleveland County Schools, regardless of the student’s age. Employees engaging in such inappropriate conduct will be subject to disciplinary action, up to and including dismissal. Any employee who has reason to believe that another employee is inappropriately involved with a student, as described above, shall report this information to the Director of Personnel or designee. An employee who fails to inform the Director of Personnel or designee or the superintendent of a reported or suspected inappropriate relationship between an employee and a student may be subject to disciplinary action. LEGAL REF: Title IX of the Education Amendments of 1972 G.S. 115C-47(18); G.S. 14-27.7 ADOPTED: January 23, 2006 DRUG-FREE WORKPLACE ENVIRONMENT
It is the policy of the Cleveland County Board of Education that a drug-free workplace shall be maintained. The board prohibits the unlawful manufacture, transmission, conspiring to transmit, distribution, dispensation, possession, use, or being under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroids, alcoholic or other intoxicating beverage, counterfeit substances, other intoxicants of any kind, or any other controlled substance as defined in Schedules I through V of Section 202 of the Controlled Substances Act 21 U.S.C. § 812) and further defined by federal regulation. In addition, no employee shall exude the odor of any alcoholic beverage or controlled substance while acting within the course and scope of his/her employment. The board prohibits the possession, use, transmission, or conspiring to transmit drug paraphernalia. This policy shall govern each employee before, during or after school hours, while on any property owned or leased by the board, at anytime during which the individual employee is acting in the course and scope of his/her employment with the board, and at any other time that the employee’s violation of this policy has a direct and adverse effect upon the performance of his or her job. No employee shall be impaired by the excessive use of prescription or nonprescription drugs in the workplace. The proper use of a drug authorized by a valid medical prescription from a legally authorized health care provider shall not be considered a violation of this policy when the drug is taken by the person for whom the drug was prescribed. Any employee with prior knowledge that the use of a prescribed medication under a doctor’s direction or an over-the-counter medication could alter the employee’s ability to perform the duties and responsibilities of his/her position must notify he appropriate supervisory person. An employee is responsible for finding out from a health care professional the effects of any prescribed drug being taken. Failure to take such action may result in disciplinary action under this policy. If in the opinion of the employee’s supervisor, an employee’s action and/or behavior are considered unsafe as a result of the proper use of medication, the employee may be sent home. A conference shall be conducted with the employee prior to the employee’s resuming his/her duties. Prior to the employee’s returning to work, the employee must provide written assurance that: A. The medication’s use has been terminated; or B. The medication has been adjusted/modified to avoid impairment. Each employee shall be given a copy of this policy and shall be responsible for knowing and adhering to the requirements of this policy. An employee having reasonable grounds to believe that another employee is using or in possession of any illegal drug, or is under the influence of or in possession of alcohol while in the workplace, or is impaired by the use of prescription or nonprescription drugs while on duty shall immediately report the facts and circumstances to a supervisor/principal. Any employee who has been convicted f violating any criminal drug statute shall notify his/her supervisor within five (5) days of such conviction. Violation of this policy shall subject an individual to personnel action by the board up to and including termination of employment with the Cleveland County Schools and referral for criminal prosecution or the requirement that the employee participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by the board and a federal, state or local health, law enforcement or other appropriate agency. Information concerning available counseling, rehabilitation, and re-entry programs shall be provided to employees. The board has a strong commitment to assist any employee who voluntarily asks for help. It is the employee’s responsibility to seek help for drug and alcohol problems before they must be addressed at the workplace or otherwise become apparent as unsatisfactory job performance and/or work habits. Such action on the part of the employee shall be viewed as responsible and shall be supported by the board and the supervisor to the extent that this is consistent with protecting the safety and welfare of students, staff, and the public. Where there are reasonable grounds to believe that an employee is in violation of the board’s Drug-Free Workplace Environment Policy, the superintendent may require that the employee submit to a medical examination, including a drug or alcohol assessment at the school system’s expense. The drug or alcohol assessment will be conducted to determine whether the employee has been under the influence of illegal drugs, under the influence of alcohol while on duty, or impaired by the use of prescription or nonprescription drugs while on duty. If the drug or alcohol assessment is positive and there is no legitimate medical explanation for the results, the employee may be subject to disciplinary action, including termination of employment. Any drug testing shall conform with state law governing administration of controlled substance examinations. Any employee who refuses a drug or alcohol screening test may be terminated. The superintendent may devise procedures to implement this policy. LEGAL REF: Drug-Free Workplace Act, 41 U.S.C. § 701 et seq. 21 U.S.C. § 812 G.S. ch. 95, art. 20 ADOPTED: November 7, 2005
DRUG AND ALCOHOL TESTING OF COMMERCIAL MOTOR VEHICLE OPERATORS
The purpose of this policy is to help ensure safe operation of school vehicles and to comply with federal law and regulations by establishing a comprehensive program of drug and alcohol testing for any person who operates a commercial motor vehicle and who is employed by or volunteers for the Cleveland County Board of Education. Applicability
Prohibited Acts Testing Pre-employment Inquiry
Before employing any applicant covered by this policy or 49 C.F.R. part 382, the administration shall obtain, pursuant to the applicant’s written consent, all records maintained by the applicant’s previous employer(s) of prohibited acts by the applicant that have taken place in the two years prior to the inquiry date. Training and Education Each supervisor responsible for overseeing the performance of drivers, including principals and assistant principals, shall undergo at least one hour of training concerning alcohol misuse and an additional hour of training concerning drug use. Referrals Penalties Procedures LEGAL REF: 49 U.S.C. § 31306; 49 C.F.R. parts 40 and 382; G.S. 20-37.19 ADOPTED: January 23, 2006 5145-R GUIDELINES FOR DRUG AND ALCOHOL TESTING OF COMMERCIAL MOTOR VEHICLE OPERATORS
These regulations serve as an outline of the testing regulations established by federal law and required by the Cleveland County Board of Education’s Drug and Alcohol Testing of Commercial Motor Vehicle Operators Policy. These regulations should in no way be interpreted to cover the entire scope of the laws and regulations for drug and alcohol testing. Copies of the Omnibus Transportation Employee Testing Act and the Department of Transportation’s Drug and Alcohol Testing Rules will be made available by the superintendent or designee. Any questions regarding these policies or any of the materials regarding these policies should be directed to the superintendent’s designee. For the purpose of the Drug and Alcohol Testing of Commercial Motor Vehicles Policy and these Regulations, a “safety-sensitive function” means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and responsibility from performing work. Safety-sensitive functions include, but are not limited to, all time waiting to be dispatched; all time inspecting, servicing, or conditioning any commercial motor vehicle; all time driving a commercial motor vehicle and in or upon any commercial motor vehicle; all time loading or unloading a vehicle; and all time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. I. ALCOHOL TESTING
A. Prohibited Conduct. Performance of safety-sensitive functions is prohibited: 1. While having an alcohol concentration of 0.04 percent or greater. 2. While consuming alcohol. 3. Within four hours after using alcohol. 4. While possessing alcohol. Refusing to submit to an alcohol test when requested and using alcohol within eight hours after an accident or until undergoing a post-accident test are prohibited. A driver’s failure to be available for testing within this time frame following an accident is considered a refusal to take a test. Failure to sign a consent to testing form, to give a sample, to provide an adequate sample, or to otherwise cooperate in completing a test are considered refusals to take any alcohol test. Drivers who refuse to take alcohol tests shall not perform or continue to perform a safety-sensitive function. B. Types of Tests. The following types of alcohol tests will be conducted: 1. Post-accident tests will be conducted within two hours, or as soon as practicable, after accidents, if requested by the transportation supervisor. Post-accident tests shall be performed on each driver who was performing safety-sensitive functions for all fatal accidents and for each driver who receives a citation for a moving traffic violation. 2. Reasonable suspicion tests will be conducted when a trained supervisor or administrative official observes behavior or appearance that is characteristic of alcohol misuse by a driver performing a safety-sensitive function. The tests will be performed by someone other than the supervisor or administrator who made the reasonable suspicion determination. A trained supervisor or administrative official must base a reasonable suspicion test upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. The test shall be performed only if these observations are made while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has performed safety-sensitive functions. 3. Random testing will be conducted on a random basis just before, during or just after performance of safety-sensitive functions. The number of random alcohol tests will equal at least 10% of the average number of driver positions annually or, if changed by the FMCSA Administrator, the minimum annual percentage rate for random alcohol testing of drivers set by the FMCSA Administrator. The testing dates and times will be unannounced. 4. Return-to-duty and follow-up testing will be conducted when an individual who has violated the prohibited alcohol conduct standards returns to performing safety sensitive duties. Follow-up tests will be unannounced, and administered at the employee’s expense. At least six tests will be conducted in the first 12 months after an employee returns to safety-sensitive duties. Follow-up testing may be extended for up to 60 months. C. Testing Procedures. D. Consequences of Alcohol Misuse. 2. Test results 0.02 percent or greater, but less than 0.04 percent. 0.04 percent when tested just before, during or just after performing safety-sensitive functions will be removed from their duties for at least 24 hours and subjected to disciplinary action up to and including termination. A negative alcohol test (less than 0.02 percent) will be required to return to performing safety-sensitive duties. 3. Reasonable suspicion testing. E. Rehabilitation/Re-entry. A driver will not be permitted to return to safety-sensitive duties unless and until the superintendent or designee ensures that the driver: (1) has been evaluated by a substance abuse professional; (2) has complied with any recommended treatment as determined by a substance abuse professional; (3) has taken a return-to-duty alcohol test with a result less than 0.02 percent; (4) has agreed to unannounced follow-up alcohol tests; and (5) has been recertified by the Transportation Director. II. DRUG TESTING
A. Prohibited Conduct.
The following drugs are prohibited and all drug tests will be analyzed for these drugs: 1. Marijuana (THC) metabolite. 2. Cocaine 3. Amphetamines 4. Opiates (including heroin) 5. Phencyclidine (PCP) Use of any other unauthorized or illegal controlled substances not listed above is also prohibited. Illicit use of drugs by drivers performing safety-sensitive functions is prohibited at any time whether on or off duty. B. Types of Tests. The following types of drug tests will be conducted: 1. Preemployment tests will be conducted before applicants are hired or after an offer to hire, but before actually performing safety-sensitive functions for the first time, unless an applicant meets the exceptions set out in 49 C.F.R. Part 382. These tests are also required to be conducted before performing safety-sensitive functions when an employee’s duties change during the course of his/her employment to include the driving of a commercial motor vehicle. 2. Post-accident tests will be conducted as soon as practicable after accidents if requested by the transportation supervisor. Post-accident tests shall be performed on each driver who was performing safety-sensitive functions for all fatal accidents and for each driver who receives a citation for a moving traffic violation. A driver may not use any controlled substance during the thirty-two hour period of time following an accident without a written prescription from a doctor of medicine or osteopathy; under such circumstances, use must be in strict compliance with the written prescription. Failure to follow these restrictions will be considered a refusal to test. 3. Reasonable suspicion tests will be conducted when a trained supervisor or administrative official observes behavior or appearance that is characteristic of misuse of performed by someone other than the supervisor or administrator who made the reasonable suspicion determination. A trained supervisor or administrative official must base a reasonable suspicion test upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. 4. Random testing will be conducted on a random basis just before, during or just after performance of safety-sensitive functions. The number of random drug tests will equal at least 50% of the average number of driver positions annually, or, if changed by the FMCSA Administrator, the minimum annual percentage rate for random controlled substance testing of drivers set by the FMCSA Administrator. The testing dates and times will be unannounced. 5. Return-to-duty and follow-up testing will be conducted when an individual has violated the controlled substances policy and returns to performing safety-sensitive duties. Follow-up tests will be unannounced, and at least six tests will be conducted in the first 12 months after a driver returns to duty. Follow-up testing may be extended for up to 60 months following return to duty. All follow-up testing will be at the driver’s expense. C. Test Procedures. All drug test results are reviewed and interpreted by a physician Medical Review Officer (MRO) before they are reported to the Cleveland County Board of Education. If the laboratory reports a positive test result, the MRO contacts the employee (in person or by telephone) and conducts an interview to determine if there is an alternative explanation for the drugs found by the test. If the employee provides appropriate documentation and the MRO determines that it is legitimate medical use of the prohibited drug, the test is reported as negative. If the Cleveland County Board of Education must contact the driver because the MRO is unable to, the driver will be required to contact the MRO within five (5) calendar days. D. Consequences of Drug Misuse. E. Rehabilitation/Re-entry.
III. OTHER PROVISIONS A. Education and Training. Action on the part of administrators and supervisors to address legitimate concerns about alcohol and other performance and work habits will continue to be expected. A supervisor or administrator who knowingly tolerates or ignores information and events described in this policy, or who otherwise fails to act appropriately in accordance with this policy concerning information and events, is considered to be acting irresponsibly to carry out the intention of this policy. Such a supervisor or administrator may be subject to disciplinary action in accordance with applicable statutes and policies. B. Record Retention and Confidentiality. All testing records will be kept confidential as provided by law. Test results and other confidential information may only be released as provided by law. Employees will be entitled to review their records upon reasonable notice. With respect to testing results, the Cleveland County Board of Education will notify applicants of their preemployment test results only if the applicant requests notification within 60 calendar days of notification of disposition of the employment application. Employees will be notified of the results of the random, reasonable suspicion, post-accident, return-to-duty, and follow up tests whenever the results of the tests are positive. C. Reporting Positive Drug Tests
It is the policy of the Cleveland County Board of Education in serious matters relating to the safety and welfare of the students and employees that certain actions and information be reported to external agencies as required by law or regulation. Principal Superintendent of Public Instruction
For purposes of this requirement, “physical abuse” means the infliction of serious physical injury other than by accidental means or other than self defense. The term “sexual abuse” means the commission of any sexual act upon a student or causing a student to commit a sexual act regardless of the age of the student and regardless of the presence or absence of consent. Law Enforcement Designated crimes that occur on school property shall be reported without regard to whether they occur before, during, or after normal operating hours. The report must be made without regard to the age of the victim or the perpetrator. Student offenders and victims should be identified by age, grade, sex, race, and educational status (i.e., regular or exceptional). The principal shall designate persons who shall report the acts to law enforcement in his/her absence. If the principal reports a crime committed by a child with a disability, the principal must ensure that copies of the child’s special education and disciplinary records are transmitted to the appropriate authorities for consideration, to the extent that transmission is permitted by the Family Educational Rights and Privacy Act (FERPA). Where necessary to comply with FERPA, the principal shall obtain the written consent of the parent or student (if the student is at least eighteen (18) years of age) before transmitting the records. If consent is refused, the records will not be transmitted unless pursuant to a subpoena, court order or as otherwise authorized under FERPA and with proper notice to the parent as may be required by that law. Department of Social Services
Any principal who has cause to suspect that a child is abused, neglected, dependent, or has died as a result of suspected maltreatment shall report the situation to the Cleveland County Director of Social Services. Any employee who has cause to suspect that a child is abused, neglected, dependent, or has died as a result of suspected maltreatment shall report the situation to the principal or designee. In the absence of the principal or designee, the employee shall report the situation directly to the Director of Social Services. Department of Health
Principals shall report suspected cases of reportable communicable diseases or conditions to the Cleveland County Health Director for investigation. Without releasing information that would identify the employee, the principal shall also report suspected cases of reportable communicable diseases or conditions to the superintendent. Any employee who has reason to believe that a fellow employee has a reportable communicable disease and is not following safe practices shall report the situation to his/her principal or supervisor. Supervisory personnel shall report such unsafe conduct to the health director. In the absence of the principal or supervisor, the employee must report the situation to the health director. Confidentiality of such reports is protected by law, and school officials cannot be liable for making such reports. The superintendent may develop procedures necessary for the implementation of this policy. LEGAL REF: G.S. 115C-400, -288, -307; G.S. 7B-301; G.S. 130A-136; 16 N.C.A.C. 6C.0312; 20 U.S.C. 1415(k)(9); 34 CFR 300.529(b) ADOPTED: November 7, 2005 EMPLOYEE CELL PHONE USE The Cleveland County Board of Education desires to preserve instructional time, eliminate interruptions and distractions during the school day, and maintain safe and efficient school system operations. The board also recognizes the prevalence of cell phones and their use for legitimate purposes. Therefore, the board adopts the following policy for employee cell phone use during the school day: 1. All school system employees should ensure that cell phones are turned off or set to a silent or vibrate mode during the school day while in or near classrooms, libraries, and other instructional areas. 2. No school system employee should place or receive a call from a cell phone at a time when it would be inappropriate to do so from a traditional telephone. 3. No school system employee should use a cell phone in such a manner or in such a place as to interrupt or distract from the conduct of school business. 4. As with traditional telephones, school system employees should limit personal phones on cell phones during business hours so as not to interfere with school system operations. 5. No school system employee shall use a cell phone while operating any motor vehicle that is transporting students. No school system employee shall use a cell phone while operating a school bus, regardless whether students are aboard. In all other cases, school system employees should refrain from placing or receiving cell phone calls in a motor vehicle unless it is safe to do so. 6. Use of a cell phone in a legitimate emergency is not prohibited by this policy. 7. For purposes of this policy, the term “cell phone” shall include all portable electronic communication and signaling devices, including pagers and beepers. Legal Reference(s): G. S. 115-36 Adopted: January 23, 2006
DUAL EMPLOYMENT/TUTORING FOR PAY Responsibilities related to employment with the Cleveland County Schools shall take precedence over any form of outside employment. Outside employment is not allowed when it prevents the employee from performing responsibilities in an effective manner. Private tutoring of students for a fee on school property or with school supplies is prohibited. Any teacher who accepts pay for privately tutoring students shall provide such tutoring off school property and shall limit his/her practice to students other than those he/she teaches. Teachers may provide private music lessons to students after school and on school property with the prior written approval of the principal. LEGAL REF: G.S. 115C-36;
CONFLICT OF INTEREST Except as otherwise expressly provided by law, no school system official or employee: 1. who is involved in making or administering a contract on behalf of the school system shall derive a direct benefit from the contract. 2. who will derive a direct benefit from any contract entered into by or on behalf of the Cleveland County Board of Education or the Cleveland County Schools shall attempt to influence any other person who is involved in making or administering the contract. 3. may solicit or receive any gift, reward, or promise or reward in exchange for recommending, influencing, or attempting to influence the award of any contract by the Cleveland County Board of Education or the Cleveland County Schools. 4. shall use non-public or confidential knowledge to gain any pecuniary benefit from the action or aid another to do so. LEGAL REF: G.S. 14-234, -234.1; G.S. 115C-48 ADOPTED: November 7, 2005
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