Human Resources/Personnel Policies

ADA

Sample 1 - Excel

The School will make reasonable accommodations to enable an individual with a disability to perform the essential functions of his or her job.  If you are unable, or find it difficult, to do all the functions of your job due to a disability, please contact the Principal or Executive Director, inform him/her about your disability, and discuss the type and nature of any assistance or adjustment in your duties which would enable you to perform the essential functions of your job.

We may ask for medical documentation of your disability and of possible accommodations.  We may also ask to speak to your physician or health care provider to help us assess the proposed accommodations and to ensure that you can safely perform the essential functions of your job with the accommodations.  We may also ask you to submit to an independent medical or other appropriate examination, at our expense, to help us assess your needs.

Sample 2 - Four

Four Rivers Charter Public School complies with all aspects of the Americans with Disabilities Act (ADA).  Under this act a qualified individual with a disability who can perform the essential functions of the position with or without a reasonable accommodation is protected from discrimination due to his or her disability.  Employees wishing to request reasonable accommodation of a disability as defined by ADA should do so through the Director.

Anti-Harassment

Sample 1 – Excel

Introduction - It is the goal of the School to promote a workplace that is free of harassment by employees, independent contractors, vendors, or other agents.  Harassment of employees or students occurring at school or in other settings in which employees may find themselves in connection with their employment is unlawful and will not be tolerated by this organization.  Further, any retaliation against an individual who has complained about harassment or retaliation against individuals for cooperating with an investigation of a harassment complaint is similarly unlawful and will not be tolerated.  To achieve our goal of providing a workplace free from harassment, the conduct that is described in this policy will not be tolerated, and we have provided a procedure by which inappropriate conduct will be dealt with, if encountered by employees.

The School takes allegations of harassment very seriously.  We will respond promptly to complaints of harassment, and where it is determined that inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate.

Please note that while this policy sets forth our goals of promoting a harassment-free workplace, the policy is not designed or intended to limit our authority to discipline or take remedial action for workplace conduct that we deem unacceptable, regardless of whether that conduct satisfies the definition of harassment.

Definition of Harassment - The School strongly supports the rights of all its employees to work in an environment free from all forms of harassment, including harassment on the basis of race, color, religion, gender, sexual orientation, national origin, age, disability or any other protected category.

Harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of race, color, religion, gender, sexual orientation, national origin, age, disability, or any other protected category, or that of the individual's relatives, friends or associates and that:

• creates an intimidating, hostile or offensive working environment;
• unreasonably interferes with an individual's work performance; or
• otherwise adversely affects an individual's employment opportunities.

Harassing conduct includes, but is not limited to:

• Epithets;
• Slurs;
• Negative stereotyping;
• Threatening, intimidating or hostile acts that relate to the above characteristics; and
• Written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of the above characteristics, and that is placed on walls, bulletin boards, or elsewhere on the employer's premises, or circulated in the workplace on paper or electronically.

Definition of Sexual Harassment - Sexual harassment is defined as sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:

• submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions such as favorable reviews, salary increases, promotions, increased benefits or continued employment regardless of whether the harasser actually carries through with the threats to alter the subordinate's terms or conditions of employment;  or
• such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.

Other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a workplace environment that is hostile, offensive, intimidating, or humiliating to male or female workers may also constitute sexual harassment.

While it is not possible to list all the circumstances that may constitute sexual harassment, the following are some examples of conduct, which, if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness:

• Unwelcome sexual advances - whether they involve physical touching or not;
• Sexual epithets, slurs, jokes, written or oral references to sexual conduct, gossip regarding one's sex life;
• Commenting on an individual's body or about an individual's sexual activity, deficiencies or prowess;
• Displaying sexually suggestive objects, pictures or cartoons;
• Leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;
• Sending or circulating, whether in print or electronic form, literature or communications (articles, magazines or e-mails) of a sexual nature;
• Inquiries into one's sexual experiences; and
• Discussion of one's sexual activities.

Complaints of Harassment - If any of our employees believes that he or she has been subjected to harassment, the employee should file a complaint with the Executive Director (617-561-1371 ext. 202) or the Principal (617-561-1371 ext. 215).  This may be done in writing or orally.

Any employee whether a supervisor or manager, who suspects that harassment is occurring must notify the Executive Director or the Principal.

If you would like to file a complaint, you may do so by contacting the Executive Director or the Principal.  These people are also available to discuss any concerns you may have and to provide information to you about our policy on harassment and our complaint process.  In cases involving both the Executive Director and the Principal, you may also contact the Dean of Students or the Dean of Curriculum and Instruction. 

All employees should take special note that, as stated above, retaliating against an individual who has complained about harassment, and retaliating against individuals for cooperating with an investigation of a harassment complaint is unlawful and will not be tolerated by this organization.

Harassment Investigation - When we receive a complaint we will promptly investigate the allegation in a fair and expeditious manner.  The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances.  Our investigation will typically include a private interview with the person filing the complaint and with any witnesses.  We will also usually interview the person alleged to have committed harassment. When we have completed our investigation, we will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct of our action.

If it is determined that inappropriate conduct has occurred, we will act promptly to eliminate the offending conduct, and where it is appropriate we will also impose disciplinary action up to and including termination of employment.

In addition to the above, if you believe you have been subjected to harassment, you may file a complaint with either or both of the government agencies set forth below.  Those agencies are:  United States Equal Employment Opportunity Commission, JFK Federal Building, Room 475, Boston, Massachusetts, 02203; or the Massachusetts Commission Against Discrimination, Boston Office at One Ashburton Place, Rm. 601, Boston, MA 02108, or Springfield Office at 424 Dwight Street, Springfield, MA, 01103.

Sample 2 – Abby

The School values its employees and is committed to ensuring that each one is treated with respect and dignity. The School fully commits to providing a work environment that fosters the ideals of mutual respect and freedom from all forms of harassment.

Harassment on the basis of race, color, religion, national origin, gender, age, health, marital status, disability, veteran status, citizenship, sexual orientation, or other differences is unacceptable and is in violation of school policy, philosophy, and values.

If you feel you are being harassed, you should follow the Problem Resolution procedure outlined in this handbook on page 15.  If you believe you are being, or have been, sexually harassed, please refer to the complaint procedure set forth on page 8.

If you feel that you are in danger, notify one of the following immediately:

• School Principal or Supervisor
• Civil Rights Administrator
• Superintendent

If you have any questions regarding this section, please contact Human Resources.

Sexual Harassment - Introduction - It is the School’s goal to promote a workplace that is free of sexual harassment.

Sexual harassment of employees occurring in the workplace is unlawful and will not be tolerated by the School. In addition, retaliation against an individual who has complained about sexual harassment or against individuals for cooperating with the investigation of a sexual harassment complaint is similarly unlawful and will not be tolerated.

Complaints of sexual harassment will be dealt with promptly through the procedures outlined below. Where it is determined that inappropriate conduct has occurred, the conduct will be eliminated and such corrective action as is necessary, including disciplinary action where appropriate, will be imposed.

Please note that while this policy sets forth our goals of promoting a workplace that is free of sexual harassment, the policy is not designed or intended to limit our authority to discipline or take remedial action for workplace conduct we deem unacceptable, regardless of whether that conduct satisfies the definition of sexual harassment.

Definition of Sexual Harassment - Sexual Harassment means: sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:

• submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions or
• such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.

While it is not possible to list all those circumstances that may constitute sexual harassment, the following are some examples of conduct, which, if unwelcome, may constitute sexual harassment:

• Unwelcome sexual advances - whether or not they involve physical touching;
• Sexual epithets, jokes or references to sexual conduct;
• Displaying sexually suggestive materials;
• Unwelcome whistling, sexual gestures, suggestive or insulting comments;
• Inquiries into one's sexual experiences; and
• Discussion of one's sexual activities.

Additionally any retaliation of any kind against an employee for making a sexual harassment complaint or for being involved as a witness concerning a sexual harassment complaint is not allowed and will not be tolerated.

Complaints of Sexual Harassment - If any School employee believes that he or she has been subjected to sexual harassment, the employee has the right to file a complaint with the School. This may be done orally or in writing.

To file a complaint, contact either of the following:

• School Principal or Supervisor
• Civil Rights Administrator
• Superintendent

If you have any questions regarding this section, please contact Human Resources.

Sexual Harassment Investigation - When a complaint is received, the allegation will promptly be investigated in a fair and expeditious manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. The investigation will include a private interview with the person filing the complaint and with witnesses. The person alleged to have committed sexual harassment will also be interviewed. When the investigation is completed, the person filing the complaint and the person alleged to have committed the conduct will be informed of the results of that investigation.

If it is determined that inappropriate conduct has occurred, the offending conduct will promptly be eliminated, and disciplinary action will be imposed where appropriate.

Disciplinary Action - If it is determined that inappropriate conduct has been committed by an employee, such action as is appropriate under the circumstances will be taken. Such action may range from counseling to termination of employment.

State and Federal Remedies - In addition to the above, if you believe you have been subjected to sexual harassment, you may file a formal complaint with either or both of the government agencies set forth below. Using our complaint process does not prohibit you from filing a complaint with these agencies.

• United States Equal Employment Opportunity Commission (EEOC)

1 Congress Street - 10th Floor
Boston, MA 02114
(617) 565-3200

• Massachusetts Commission Against Discrimination (MCAD)

Sample 3 – APR

It is APR’s policy to prohibit harassment of any employee by any member of our community.  The Academy will not tolerate verbal or physical conduct by any employee that harasses, disrupts, or interferes with another’s work performance or which creates an intimidating, offensive, or hostile environment.  The Academy expressly prohibits ANY form of unlawful employee harassment.

The purpose of this policy is not to regulate our employees’ morality, speech or conduct.  Rather it is to ensure that, in the workplace, no one may harass another individual or otherwise interfere with their job duties and responsibilities.  Violation of our anti-harassment policy may result in discipline up to and including termination.

An employee will not be retaliated against by APR for pursuing a claim of harassment, or for cooperating in an investigation of harassment.  Such retaliation is unlawful and will not be tolerated.

Every employee should be aware of this commitment and fully support the policy and its objectives by demonstrating respect for each other.

Procedures:

• Any employee who has questions or believes he or she has been harassed should address his or her questions or complaint with his or her supervisor.
• Any supervisor who receives a complaint of harassment or who has reason to suspect harassment is occurring should notify the Director or Principal immediately.
• Upon being informed of an allegation of harassment, the Director and/or Principal will investigate the matter in a timely manner, taking into consideration the nature of the complaint.
• Upon conclusion of the investigation, APR will determine its response.  The response will include notification to the employee who brought the complaint whether any corrective or preventive actions have been or will be taken.
• When and if the Academy determines inappropriate or unlawful harassment has occurred, we will take corrective action.

While all types of harassment are prohibited, sexual harassment requires particular attention and is addressed separately following this policy.

Sexual Harassment Policy - It is APR’s policy to promote a work place free from sexual harassment.  At the Academy, sexual harassment, whether verbal, physical, or environmental, is unlawful, unacceptable and will not be tolerated. The Academy will not tolerate, condone, or allow sexual harassment, whether engaged in by fellow employees, supervisors, or by outside constituents or other non-employees who conduct business with APR.

Because APR takes allegations of sexual harassment seriously, we will respond promptly to complaints of sexual harassment and where it is determined that such inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action(s) as is necessary, including disciplinary action where appropriate.

The Academy will not in any way retaliate against an individual who makes a report of sexual harassment, nor will APR permit any supervisor, officer, or employee to do so.  Retaliation is a serious violation of this sexual harassment policy and should be reported immediately.

Definition - For purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

• submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; or,

(b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.

Examples of sexual harassment include, but are not limited to:  unwanted sexual advances; demands for sexual favors in exchange for favorable treatment or continued employment; repeated sexual jokes, flirtation, advances or propositions; verbal abuse of a sexual nature; graphic, verbal commentary about an individual's body, sexual prowess, or sexual deficiencies; leering, whistling, touching, pinching; suggestive, insulting, or obscene comments or gestures of a sexual nature; display in the work place of sexually-suggestive objects or pictures.

Guidelines:

• This policy covers all employees of APR. The Academy encourages reporting of all incidents of sexual harassment regardless of who the offender may be.
• All supervisory personnel within the Academy are responsible for eliminating any and all forms of sexual harassment of which they are aware.  Any management personnel who are made aware of sexual harassment and fail to take corrective action pursuant to this policy will be subject to discipline up to, and including, termination.
• While the APR encourages individuals who believe they are being harassed to firmly and promptly notify the offender that his or her behavior is unwelcome, the APR also recognizes that power and status disparities between an alleged person harassing and a target may make such a confrontation impossible.  In the event that such informal, direct communication between individuals is either ineffective or impossible, the Principal or Director should be contacted through the procedure outlined below.

Procedures:

• Any grievance regarding harassment shall be handled through the Director of the Academy and in consultation with the Board of Trustees when appropriate.  The complainant should contact the EEOC officer (the Principal), who shall provide information and assistance on filing and pursuing the complaint.
• An investigation of the alleged harassment will be handled through the Director in a confidential manner so as to protect the privacy of persons involved.  Confidentiality will be maintained throughout the investigatory process to the extent practical and appropriate under the circumstances.  In pursuing the investigation, the Director will try to take the wishes of the complainant into consideration, but will thoroughly investigate the matter as appropriate under the circumstances.  The alleged person harassing will be made aware of the alleged harassment and will be given an opportunity to respond and present witnesses.  The Director will keep the complainant informed as to the status of the investigation.  Upon completion of the investigation of a sexual harassment complaint, the Director will recommend to the Board of Trustees the appropriate action to be taken.  If the Academy concludes that harassment occurred, the person harassing will be subject to appropriate disciplinary procedures, as described below.  The complainant will be informed of the disciplinary action taken.
• In the event that the harassment cannot be substantiated, this finding will be communicated to the complainant in an appropriately sensitive manner. The complainant is always free to provide additional evidence which will also be investigated.
• If either party directly involved in a sexual harassment investigation is dissatisfied with the outcome or resolution, that individual has the right to appeal the decision.  The dissatisfied party should submit his/her written comments in a timely manner to the Board of Trustees.
• Employment conditions of the offended party and witnesses will be in no way adversely affected through use of this procedure, subject to paragraph 7, below.
• Individuals found to have engaged in misconduct constituting sexual harassment will be severely disciplined, up to and including discharge.  Appropriate sanctions may include written reprimand, referral to counseling, withholding pay, or termination.

If an investigation results in a finding that the complainant falsely accused another of sexual harassment knowingly or in a malicious manner, the complainant will be subject to appropriate sanctions, including the possibility of termination.

Civil Rights

Sample 1 – Abby

The Abby Kelley Foster Charter Public School is committed to creating and maintaining schools that prevent discrimination of all types while ensuring the health and safety of all who work and learn here. Please take time to review this material in depth.

• Title I of the Americans with Disabilities Act of 1990: Prohibits discrimination, exclusion from participation, and denial of benefits on the basis of disability in employment.
• Title II of the Americans with Disabilities Act of 1990: Prohibits discrimination, exclusion from participation, and denial of benefits on the basis of disability in educational programming.
• Title IX of the Education Amendments of 1972: Prohibits discrimination, exclusion from participation, and denial of benefits in educational programs on the basis of sex.
• Title VI of the Civil Rights Act of 1964: Prohibits discrimination, exclusion from participation, and denial of benefits based on race, color, or national origin.
• Section 504 of the Rehabilitation Act of 1973: Prohibits discrimination, exclusion from participation, and denial of benefits based on disability.
• M.G.L. Ch. 76 §5: Prohibits discrimination in all public schools on the basis of race, color, sex, national origin, religion, and sexual orientation.

1. Statement - It is the role of the Abby Kelley Foster Charter Public School to provide a safe and secure learning environment for all students without distinction based on race, color, gender, national origin, religion, disability, sexual orientation. Discrimination, sexual and bias-motivated harassment, and other violations of civil rights disrupt the educational process and will not be tolerated.

It shall be a violation for any pupil, teacher, administrator, vendor, school visitors, or other school personnel to engage in sexual or bias-related harassment (referred to as “wrongful harassment”) or violate the civil rights of any pupil, teacher, administrator, or other school personnel. Conduct amounting to a hate crime is a particularly serious infraction that will result in referral to law enforcement agencies.

The School will act to investigate all complaints, formal or informal, verbal or written, of sexual or bias-related harassment or violations of civil rights and take appropriate action against any pupil, teacher, administrator, or other school personnel who is found in violation.

2. Commitment to Prevention - This institution is committed to the prevention, remediation, and accurate reporting of bias incidents and civil rights violations, to the end that all students can enjoy the advantages of a safe and tolerant learning environment where individual differences are respected. The school undertakes to engage in activities and programming, such as training of all school personnel, intended to foster respect for diversity, civil rights, and non-violence in school settings.

3. Zero Tolerance for Known Civil Rights Violations; Required Reporting and Intervention to Stop Harassment.

• School employees must intervene in ongoing civil rights violations and episodes of wrongful harassment whenever witnessed or reported to the extent that intervention can be done safely. School employees must report a civil rights violation or episode of wrongful harassment to the School Civil Rights Administrator. A designated Civil Rights Administrator must intervene in ongoing matters of civil rights violations and episodes of wrongful harassment, summoning assistance as necessary.
• The primary objective of school intervention in a civil rights matter is to put a swift end to, and prevent any recurrence of, any wrongful conduct, so as to ensure the safety of all students and a school environment free of wrongful harassment and civil rights violations. Intervention should be undertaken immediately, as needed on a short-term basis, and more comprehensively once a civil rights violation has been found to occur. The school will take all necessary steps within its authority to implement the objective of stopping continuing civil rights violations and wrongful harassment, and restoring and preserving an environment free of such conduct.
• Effective, and if need be escalating, measures should be used to definitively stop harassment and violence. School officials should immediately consider and use regular administrative actions to defuse a civil rights situation wherever possible: separating victim or complainant and offender, ordering the offender to stay away from the victim, or assigning additional security. Relevant school disciplinary hearings should begin and proceed on an expedited basis where there is a threat of ongoing interference with civil rights. Disciplinary action appropriate to the offender’s conduct should be taken when a violation is found. Potential criminal conduct will be reported to law enforcement, and legal remedies pursued as necessary to protect civil rights.

4. Designation of Civil Rights Administrator - Abby Kelley Foster Charter Public School has designated Civil Rights Administrators, as follows:

Personnel: Superintendent of Schools
Personnel Alternate: Business Manager

High School: Building Principal
High School Alternate: Building Assistant Principal

Middle School: Building Principal
Middle School Alternate: Building Assistant Principal

Elementary School: Building Principal
Elementary Alternate: Coordinator of Student Support

The designated Civil Rights Administrator will respond to matters of civil rights that arise in the School setting. The Civil Rights Administrator shall be prominently identified as available to receive reports and complaints of civil rights violations from students, faculty, or staff. The Civil Rights Administrator will receive specialized civil rights training and take responsibility for upholding school civil rights and safety policies. The Civil Rights Administrator will also serve as a liaison with law enforcement agencies, and assist Abby Kelley Foster Charter Public School in making referrals of possible criminal matters to law enforcement.

5. Identification of Prohibited Conduct

Definitions:

• Bias Incidentmeans any act, including conduct or speech, directed at or which occurs to a person or property because of actual or perceived race, religion, color, ethnicity, disability, gender, or sexual orientation. A bias incident may or may not be a criminal act.
• Bias Indicatorsare objective facts and circumstances, which suggest that an action was motivated in whole or in part by a particular type of bias.
• Bias Motivesrecognized by Massachusetts’s law as causing hate crimes include prejudice based on race, religion, color, ethnicity, disability, gender, and sexual orientation.
• Civil Rights Violationsinvolve interfering by threats, intimidation, or coercion, with someone’s enjoyment of constitutional or statutory rights. Rights protected against interference include non-discrimination in access to advantages and privileges of a public school education. The term “civil rights violation” also covers bias-related and sexual harassment and bias crimes, so the term is applied generically to any civil or criminal law infractions.
• Discriminationconsists of actions taken against another or others, which treat them unequally because of race, religion, color, national origin, disability, sexual orientation, or gender bias.
• Harassmentconsists of unwelcome verbal, written or physical conduct targeting specific person(s), which is sufficiently severe, persistent, or pervasive to create an intimidating, hostile, humiliating, or offensive school environment, or substantially interfere with the progress of a student’s education.  Physical harassment includes pushing, hitting punching or other unwanted contact between students. It also includes any case of a student not permitting another student freedom of movement by blocking the way or otherwise hampering passage. Any student who engages in physical, sexual, or verbal harassment is subject to a range of disciplinary measures up to and including expulsion.
• Bias-RelatedHarassmentwillpresent bias indicators, most commonly epithets: name-calling derogatory to a particular racial, religious, or sexual orientation group;
• SexualHarassmentcoversinstances of physical or verbal conduct of a sexual nature, not limited to but including sexual advances, which foster a hostile educational environment for the victim. Sexually harassing behaviors include, but are not limited to: display or circulation of written materials or pictures derogatory to a gender or sexual orientation, writings or drawings placed on school properties, uninvited remarks and gestures, unwanted sexual comments, spreading sexual gossip, pressure for sexual activity, unwanted physical contact such as touching, pinching, patting, rubbing, etc., homophobic behavior, e.g. gay and lesbian harassment.
• Hate Crimesinclude any criminal acts to which recognized types of bias motives are an evident contributing factor. Criminal bias-motivated conduct entails, at a minimum, threats. Criminal conduct includes acts putting someone in fear of immediate physical harm (assaults), and actual physical violence (assault and battery), and grows most serious if a victim suffers any bodily injury. Repeated threatening or menacing actions like following someone can amount to the crime of stalking.
• Hostile Environment exists when a person has been or is subjected to threats, intimidation, or coercion by another (or others) or is reasonably in fear for his or her safety. Whether a school environment has become hostile must be evaluated based on the totality of the circumstances. Repeated instances of bias-related and sexual harassment create a hostile environment for the victim. A single act of harassment can also create a hostile or intimidating environment if sufficiently severe. A hostile environment does not necessarily entail that a student exhibits quantifiable harm, such as a drop in grades.
• Stalking, a felony, consists of intentional conduct involving 1) two or more acts directed at a specific person, 2) which would cause an average person substantial distress, 3) where the perpetrator has made threats causing the targeted person fear of death or injury.

Common BiasIndicators:

• Bias-related oral comments or epithets
• Bias-related markings, drawings, or graffiti
• Use of bias-related symbols
• No clear economic motive for an assault and battery
• Crime involving disproportionate cruelty or brutality
• Offender history of crimes of similar nature and victims of the same group

Examples of Civil Rights Violations and Bias Incidents:

• Unwelcome verbal, written, or physical conduct directed at the characteristics of a person’s race or color, such as nicknames emphasizing stereotypes, racial slurs, comments on manner of speaking, and negative references to racial customs (racial and color harassment)
• Unwelcome verbal, written, or physical conduct, directed at the characteristics of a person’s religion, such as derogatory comments regarding surnames, religious tradition, or religious clothing, or religious slurs, or graffiti (religious harassment)
• Conduct directed at the characteristics of a person’s national origin, such as negative comments regarding surnames, manner of speaking, customs, language, or ethnic slurs (national origin harassment)
• Conduct directed at the characteristics of a person’s sexual orientation-actual, perceived, or asserted-such as negative name-calling and imitating mannerisms (sexual orientation harassment)
• Conduct directed at the characteristics of a person’s disabling condition, such as imitating manner of speech or movement, or interference with necessary equipment (disability harassment)
• Physical conduct putting someone in fear of imminent harm, coupled with name-calling of a bigoted nature (crime of assault)
• Repeated, purposeful following of someone, coupled with evident bias against the victim’s actual or perceived group status (civil rights violation or crime of stalking)
• Painting swastikas on walls or other public or private property (crime of vandalism)
• Hitting someone because of his or her actual or perceived group status (crime of battery)

Scope of Information

This information applies to bias crimes, civil rights violations, bias incidents, and bias-related harassment occurring on school premises or property, or in the course of school-sponsored activities, including those outside of school if there is a detrimental effect on the School or the educational climate.

6. Procedures for Responding to and Investigation Incidents:

• Whenever a staff person witnesses, or some third party reports, a possible civil rights violation, the School’s designated Civil Rights Administrator must be notified. The school’s Civil Rights Administrator should immediately begin an investigation. In an emergency, 911 must be called.
• A student coming forward to report a civil rights violation s/he has experienced should be directed to the School’s designated Civil Rights Administrator after any emergency needs are attended. Consideration should be given to whether any immediate or interim steps are necessary to ensure the safety of and avert retaliation against the complainant.
• The investigation must determine whether a civil rights violation has in fact occurred. An immediate aim of the investigation should be preservation and gathering of evidence from the scene of an incident. Bias-related graffiti should be photographed then removed. The investigator should seek to interview all victims and witnesses at the scene, or as soon thereafter as possible, and then interview others who may have relevant knowledge as well. The investigation may also consist of any other methods and documents deemed relevant and useful.
• All the circumstances as found should be carefully evaluated for the presence of bias indicators that would characterize the matter as a civil rights violation. The investigation should make a finding as to whether civil rights infraction in violation of this policy has occurred based on the definitions of wrongful conduct supplied at Section 6.

Complaint Procedures in cases of sexual, racial and/or other harassment:

• Any student subjected to harassment may, if she/he chooses, confront the harasser informally in order to resolve the complaint on a personal level. If the complainant does not want to deal directly with the harasser, or if the matter is not resolved, the complainant should immediately report the conduct to a teacher, counselor, or the Civil Rights Administrator. The Civil Rights Administrator becomes the student’s advocate.
• The Civil Rights Administrator must always take every report of harassment seriously, investigate every complaint of harassment and respond promptly. If it is determined that harassment has occurred, the Civil Rights Administrator will take appropriate action to end the harassment and to ensure that it is not repeated. Confidentiality will be maintained to the extent consistent with the School’s obligations under law.
• The Civil Rights Administrator or his/her designee will conduct an investigation within 10 days that may result in further mediation or disciplinary action. The complainant has the option of seeking outside legal counsel at his or her own expense for a violation of Title IX. When an investigation has been completed, the Civil Rights Administrator will inform the complainant of the results and file a report with the Coordinator for Title IX/Section 504 of Rehabilitation Act/622.
• No individual will suffer reprisals for reporting incidents of harassment or making complaints in good faith. Abby Kelley Foster Charter Public School does not tolerate retaliation by an employee or student against a person who has made complaints about harassment in good faith.
• Depending on the circumstances, the consequences for harassment may include anything from a warning to expulsion.

7. Consequences for Civil Rights Violations and Failures to Act as Required:

• Non-disciplinary Corrective Actions - Potential civil rights violations can be addressed with steps that are not punitive in character, without the necessity of disciplinary proceedings. These steps generally lie within the ordinary discretion of principals and school officials. Examples of non- disciplinary actions that may be appropriate in some instances include counseling, assignment to participate in a diversity awareness training program, separating offender and victim, parent conferences, and special work assignments such as a composition on a civil rights-related subject.
• Disciplinary Proceedings - Violations of the civil rights of a student or school employee which are found to have occurred after a hearing warrant the imposition of sanctions up to and including suspension and expulsion (for students), and suspension or termination (for employees). Disciplinary actions will be taken toward the goals of eliminating the offending conduct, preventing reoccurrence, and reestablishing a school environment conducive for the victim to learn. The school may consider completion of a youth diversion program as a sanction for student violators, standing alone or in conjunction with other disciplinary actions, for violations of civil rights.
• Failure to Act by Administrators and Teachers - Upon completion of information dissemination, administrators and teachers have a duty to act to stop witnessed sexual or bias harassment and hate crimes, as safely as can be done; and to report occurrences to the civil rights administrators and sometimes the police. A clear failure to act as this policy would direct should in the first instance entail that the individual undergo further training in hate crimes, diversity issues, and the requirements of school policy. The school administration will develop further sanctions and actions to address repeated instances of a failure to act in accordance with this policy.

8. Commitment to Non-Retaliation -To secure the unimpeded reporting of bias activity called for in this information, the Abby Kelley Foster Charter Public School will deal seriously with any and all threats or acts of retaliation for the good faith filing of a complaint. Actual or threatened retaliation for the reporting of a civil rights matter constitutes a separate and additional disciplinary infraction warranting corrective actions. If conduct amounts to stalking or any other crime, a mandatory referral to law enforcement will be made. Staff will monitor the situations of victims/complainants carefully to ensure that no threats or acts of reprisal are made. Appropriate and immediate non-disciplinary administrative actions to mitigate possible or actual retaliation may also be taken, to the extent administrators have discretion to act.

9. Referral to Law Enforcement - Whenever a school employee has reason to believe that a potential hate crime has been or is about to be committed, s/he should notify the Civil Rights Administrator and, especially in an emergency, the local police. The civil rights designee has chief responsibility for notifying the police of potential hate crimes in non-emergency situations; the referral is mandatory whenever a possible hate crime is at issue.

10. Documentation Requirements

• Record keeping - The Civil Rights Administrator will be responsible for keeping records of all civil rights violations and hate crimes reported for the School. These records shall be grouped according to school year and grade. In addition to recording the particulars of the incident itself, the system should record the actions taken in response and the results of the investigation and intervention. The Civil Rights Administrator shall keep this information gathered at a central place such as a school civil rights office.
• Monitoring and Tracking to Identify Patterns - Records should be maintained so as to permit administrators to detect patterns in civil rights violations, repeat offenders, and problem locations. Responsive action should be tailored based on the pattern information that records reveal.

11. Dissemination of Information and Training

• This information shall be conspicuously posted throughout each school building in areas accessible to pupils and staff members.
• This information shall appear in the faculty and student handbook.
• The Civil Rights Administrator will provide instruction in the provisions of this information to teachers, other employees and students.
• This information shall be reviewed at least annually for compliance with state and federal law.

12. Additional Information: SECTION 504 OF THE REHABILITATION ACT - Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against persons with a disability in any program receiving federal financial assistance. In order to fulfill obligations under Section 504, the Abby Kelley Foster Charter Public School has the responsibility to avoid discrimination in policies and practices regarding its personnel and students. No discrimination against any person with a disability should knowingly be permitted in any of the programs and practices of the School system.

The Abby Kelley Foster Charter Public School has the responsibility under Section 504 to identify, evaluate, and if the student is determined to be eligible under section 504, to afford access to appropriate educational services. If the parent or guardian disagrees with the determination made by the professional staff of the School district, s/he has the right to a hearing with an impartial officer.

The Family Educational Rights and Privacy Act (FERPA) specifies rights related to educational records. This Act gives the parents or guardian the right to: (1) inspect and review his/her child’s educational records; (2) make copies of these records; (3) receive a list of the individuals having access to those records; (4) ask for an explanation of any item in the records; (5) ask for an amendment to any report on the grounds it is inaccurate, misleading, or violates the child’s rights; and (6) request a hearing on the issue if the School refuses to make the amendment.

Questions should be directed to the designated Civil Rights Administrator.

13. Additional Information: Notice of Non Discrimination - The Abby Kelley Foster Charter Public School is committed to compliance with the Americans with Disabilities Act (ADA). The school intends to ensure that individuals with disabilities, whether they are employed, apply for a position, or visit facilities within the School, are treated fairly and given an equal opportunity to access facilities, programs, activities and employment.

It is unlawful for the Abby Kelley Foster Charter Public School to discriminate on the basis of disability against a qualified individual with a disability in regard to:

• Recruitment, advertising, job application, and employment procedures;
• Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and re-hiring;
• Job assignments, job classifications, organizational structures, position descriptions, lines of progression and seniority lists;
• Leave of absence, sick leave, or any other leave;
• Fringe benefits available by virtue of employment, whether or not administered by the covered entity;
• Selection and financial support for training including apprenticeships, professional meetings, conferences, and other related activities and selection for leaves of absence to pursue training;
• Activities sponsored by a covered entity including social and recreational programs; and
• Any other term, condition, or privilege of employment.

The school will not isolate individuals with disabilities, discriminate on the basis of disabilities through contracts, avoid using qualification standards, criteria, methods of administration, or tests that discriminate against individuals with disabilities, avoid not making reasonable accommodations to an otherwise qualified individual with a disability.

The ADA requires that the School focus on the ability, not the disability, of the individual. The Abby Kelley Foster Charter Public School will consider reasonable accommodations providing the individual can perform essential functions of the position. It is not required, however, to give preferential treatment to individuals with disabilities or lower the expected standards of performance.

Abby Kelley Foster is committed to meeting the intent and spirit of ADA. All employees are urged to help meet this goal. If anyone believes that the Abby Kelley Foster Charter Public School has discriminated against him/her or someone else on the basis of disability, or if anyone has questions or concerns about the School’s responsibilities in this regard, please contact the Civil Rights Administrator.

Sample 2 – CLCS

I. Introduction - It is the goal of the Conservatory Lab Charter School to promote a learning environment that is free of civil rights violations, including sexual or bias-related harassment.  Harassment or the violation of the civil rights of any student, teacher, administrator, or other staff member is unlawful and will not be tolerated by this organization.  Further, any retaliation against an individual who has complained or retaliation against individuals for cooperating with an investigation of a complaint is similarly unlawful and will not be tolerated.  To achieve our goal of providing an environment free from civil rights violations, we have provided a procedure by which inappropriate conduct will be dealt with if encountered at this school.

Because the Conservatory Lab Charter School takes allegations of civil rights violations seriously, we will respond promptly to complaints, whether they are filed formally or informally, in written or verbal form.  Where it is determined that such inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate.

Please note that while this policy sets forth our goals of promoting a school that is free of civil rights violations, the policy is not designed or intended to limit our authority to discipline or take remedial action for conduct which we deem unacceptable, regardless of whether that conduct satisfies the definition of a civil rights violation.

II. Scope of the Policy - This policy applies to all civil rights violations concerning CLCS students, teachers, administrators or other staff members, occurring on school premises or property, or in the course of school-sponsored events or activities, including those outside of school if the violations have a detrimental effect on the school or educational climate.

III. Definitions

• Civil Rights Violation - When a person is treated differently on the basis of race, religion, national origin, disability, gender or sexual orientation so as to interfere with or limit the ability of that person to participate in or benefit from the services, activities or privileges provided by the school or to work at the school; or is subjected to harassing conduct which is sufficiently severe, pervasive or persistent so as to create an environment which interferes with or limits the ability of a person to participate in or benefit from the services, activities or privileges provided by the school or to work at the school.
• Harassment - Unwelcome verbal, written or physical conduct targeting a specific person or people.  
• BIAS-RELATED HARASSMENT is harassment directed at a person or people because of their actual or perceived race, religion, national origin, disability, gender, or sexual orientation. 
• SEXUAL HARASSMENT is physical or verbal conduct of a sexual nature which fosters a hostile environment (see definition, below) or the making sexual advances, when the submission to or rejection of such advances is made a basis for educational or employment decisions. 
• Hostile Environment - An environment in which bias-related or sexually harassing conduct (physical, verbal, graphic or written) is sufficiently severe, pervasive or persistent so as to interfere with or limit the ability of a person to participate in or benefit from the services, activities or privileges provided by the school, or to work at the school. 

IV. Examples of Civil Rights Violations - While it is not possible to list all those additional circumstances that may constitute civil rights violations, the following are some examples:

• Different treatment of a person based on their gender or race that interferes with or limits their experience at CLCS
• Unwelcome sexual advances – whether they involve physical touching or not
• Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life; comment on an individual’s body, comment about an individual’s sexual activity, deficiencies, or prowess
• Derogatory comments on one’s manner of speaking or surname, or imitation of mannerisms
• Interference with equipment necessary to compensate for a disabling condition

V. Complaints - If anyone in the CLCS community believes that he or she has been subjected to sexual harassment, they have the right to file a complaint with our organization.  This may be done in writing or orally.

Complaints are to be filed with the CLCS Civil Rights Administrator (who is also the Title VI, Title IX and Section 504 Coordinator).  This person is also available to discuss any concerns you may have and to provide information to you about our civil rights policy and procedures.

The designated Civil Rights Administrator is the CLCS Principal Mark Jacobson.  He can be reached at Conservatory Lab Charter School, 25 Arlington Street, Brighton, MA, (617) 254-8904 x110, or by email at mjacobson@conservatorylab.org, or by fax at 617-254-8909.

An alternative should be chosen only if the person making the complaint is not comfortable contacting the current Civil Rights Administrator (if, for example, the complaint is directed at the Civil Rights Administrator).

VI. Investigation- When complaint is received, it will be promptly investigated in a fair and expeditious manner.  If deemed necessary, immediate or interim steps necessary to ensure the safety of and to avert retaliation against the complainant will be taken.  The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances.  Our investigation will include private interviews with the person filing the complaint and with witnesses.  We will also interview the alleged perpetrator(s).  When we have completed our investigation, we will, to the extent appropriate, inform the person filing the complaint and the alleged perpetrator(s) of the results of that investigation.

VII. Consequences - If it is determined that inappropriate conduct has occurred, we will act promptly to eliminate the offending conduct, and where it is appropriate we will also impose disciplinary action.  Disciplinary action will be taken toward the goals of eliminating the offending conduct, preventing reoccurrence, and reestablishing a positive school environment.  Consequences that may be appropriate range from written letters of apology, counseling, assignment to participate in diversity awareness training programs, and separation of the offender and victim, to suspension or expulsion (for students) or termination (for employees).

The CLCS will also take steps necessary to ensure that the needs of victims of civil rights violations are attended to.  Victims will be provided with appropriate services to ensure that they feel safe, secure, and able to learn or work.  Measures may include counseling, including family conferences or counseling, compensatory academic tutoring, and separation from the offender or offending situation.

VIII. Documentation - The Civil Rights Administrator will be responsible for keeping records of all allegations of civil rights violations.  These records shall be grouped according to school year and grade.  The record will include the allegations, the steps taken to investigate, the results of the investigation and the intervention taken, so as to permit patterns of repeat violations, offenders and locations to be detected.  This information will be kept on file in the office of the Civil Rights Administrator.

IX. Non Retaliation - To secure unimpeded reporting, the CLCS will deal seriously with any and all threats or acts of retaliation for the good faith filing of a complaint.  Retaliation for reporting a civil rights matter constitutes a separate and addition infraction warranting corrective action.  If conduct amounts to stalking or threatening, a referral to law enforcement will be made.

X. Dissemination - This policy shall appear in the staff and family handbooks.  The Civil Rights Administrator will provide instruction in the provisions of this policy to staff and families.  This policy will be reviewed annually for compliance with state and federal law.

XI. State and Federal Remedies - In addition to the above, if you believe you have been subjected to a civil rights violation, you may file a formal complaint with any or all of the government agencies set forth below.  Using the CLCS complaint process does not prohibit you from filing a complaint with these agencies.  Each of the agencies has a short time period for filing a claim (EEOC and OCR – 180 days; MCAD – 6 months).

The United States Equal Employment Opportunity Commission (EEOC)
            1 Congress Street – 10th Floor
            Boston, MA  02114
            (617) 565-3200

The Massachusetts Commission Against Discrimination (MCAD)
            One Ashburton Place – Rm. 601
            Boston, MA  02108
            (617) 727-3990

U.S. Department of Education, Office for Civil Rights
33 Arch Street
Ninth Floor
Boston, MA 02110
617-289-0111; FAX:  617-289-0150
OCR_Boston@ed.gov

XII. Relevant Federal and State Civil Rights Law

Title I of the Americans with Disabilities Act of 1990

• Title II of the Americans with Disabilities Act of 1990
• Title VI of the Civil Rights Act of 1964
• Title IX of the Education Amendments of 1972
• Section 504 of the Rehabilitation Act of 1973

Massachusetts General Laws Chapter 76, Section 5

Discipline

Sample 1 –APR

The APR expects consistently high quality performance from employees, and an employee’s failure to meet this expectation may result in disciplinary action up to and including dismissal.  All forms of substandard performance, work of unacceptable quality or quantity, excessive absenteeism or tardiness, violations of APR or departmental policies or procedures, misconduct, insubordination, any other form of improper conduct, and conduct which presents even the appearance of impropriety may result in disciplinary action up to and including discharge. 

Most performance problems will be addressed using progressive discipline, which may include an oral warning, a written warning, a probation period and then discharge.  However, in cases of serious misconduct, certain steps of the progressive discipline process may be skipped or immediate discharge may be warranted. 

Procedure for Progressive Discipline:

Step One – Verbal Warning:  In a private discussion, the Principal will review with the employee the specific performance problem(s).  Specifically, s/he will:

• outline in a clear and comprehensible manner the specific behaviors which must be changed, and where appropriate, the reasons for the change. 
• ask the employee for the reasons for the substandard performance. 
• determine the next steps necessary to improve the performance.  
• have the employee state what s/he will do differently, and specify, when applicable, what the supervisor will do to assist the employee. 
• if appropriate, set a date for a follow-up meeting, within a reasonably short period of time. 
• advise the employee of the next step in the disciplinary process if improvement is not forthcoming.

A verbal warning generally will not go into an employee’s official record, although the supervisor should document the discussion for his/her record regarding the employee.  At this stage, the Principal will contact the Director to explain the situation.  The Director may assist the Principal in preparing any written documentation.

Step Two – Written Warning:  If the employee’s performance does not improve after the issuance of a verbal warning or if the employee is involved in similar misconduct, the Principal will utilize a written warning. The written warning is a formal memorandum delineating the specific problem, the expectations for the future, and the specific actions to be taken by the employee and the Principal.  The written warning should be reviewed in a face-to-face meeting with the employee where the employee is reminded of the verbal warning and the specifics of the written warning are communicated.  The employee will be given a designated period of time in which to improve the problem.  Again, the ramifications of the employee’s failure to improve will be stated.  The Director must be consulted regarding all written warnings.

Step Three – Dismissal:  If the employee’s performance does not improve after the employee is issued both verbal and written warnings, the employee may be subject to discharge.  The Director will attend any meeting where an employee may be discharged from employment.

Sample 2 –CDCPS

The following disciplinary actions may be taken at any time by the Governing Board, the Executive Director or other designated supervisors.

Probation – A disciplinary probationary period may be established for an employee.  Such period should be defined in advance by a length of time during which corrective action or general improvement in conduct and/or performance must be achieved.

• Probation shall be for a period of time to be decided upon by the Head of School with the approval of the Executive Director.  The supervisor shall be responsible for a written evaluation of the employee at the end of such period and this evaluation shall recommend continued employment, or (if insufficient corrective action has been taken) dismissal.

Involuntary Termination – As a disciplinary action, involuntary termination is a difficult step, but may be required, however, in certain circumstances.  Grounds for involuntary termination, may include but are not limited to the following reasons:

• Endangering the physical well being of children through abuse or intentional or inadvertent negligence.
• Assigning responsibility for the care and well being of children to unauthorized individuals without in assuring safeguards that would protect the liability of the program in the event of injury or harm to those children.
• Behavior that clearly impairs the role and reputation of the program in the community to the extent that established patterns of social behavior are inappropriately questioned or defied during work activity.
• Inability or lack of competence on the part of any individual to perform assigned tasks whether completely or adequately.
• Conduct that repeatedly and intentionally violates established codes of the program.
• Gross malfeasance in the performance of job functions.
• Theft of CDCPS property or funds.
• Misrepresentation of information relative to job experience and education.
• Abuse or misuse or confidential information.
• Excessive tardiness and/or absenteeism.

The above list merely illustrates the types of offenses that could result in immediate discharge and is not exclusive of other possibilities.  As previously stated, employees of CDCPS are employees at will and employment may be terminated at any time with or without cause.

Where continued work activity would seriously tend to perpetuate or exacerbate the problem leading to termination, or when the well being of children is involved, immediate termination may be exercised at the option of the Head of School and Executive Director.

Accrued vacation will be paid to the employee upon such termination.

Sample 3 – Excel

As an integral member of the School, you are expected to accept certain responsibilities, adhere to acceptable School practices, and exhibit a high degree of personal integrity at all times.  This involves respecting the rights and feelings of others and refraining from any behavior that might be harmful to you, your co-workers, and/or the School.  You are expected to observe the highest standards of professionalism at all times.

These guidelines are fundamental in nature and are matters of judgment and common sense.  Since it is impossible to list guidelines to cover every situation, the absence of an illustration from this list will not prohibit the School from taking disciplinary action, up to and including immediate dismissal, when the School believes, in its sole discretion, such action is warranted.  These guidelines do not in any way alter your at-will employment relationship with the School.  The School may terminate your employment at any time and for any reason with or without cause or notice.

The School expects you to follow rules of conduct that will protect the interests and safety of all employees and the School.  Types of behavior and conduct the School considers inappropriate include, but are not limited to:

• Misconduct involving students;
• Falsifying employment or other School records;
• Violating the School's nondiscrimination and/or employee harassment policies, sexual or otherwise.
• Breach of School confidential information;
• Excessive or patterned absenteeism or tardiness;
• Excessive, unnecessary, or unauthorized use of the School’s supplies or telephones, particularly for personal purposes;
• Reporting to work intoxicated or under the influence of non-prescribed drugs, or possession, use, distribution, manufacture, sale, or dispensation of any controlled substance or illegal drug;
• Fighting or using obscene, abusive, or threatening language or gestures;
• Stealing from the School, or fellow employees, misappropriation of School assets or failure to report knowledge of such acts;
• Possession of firearms or weapons on the School's premises or during the course of your employment related activities;
• Disregarding safety or security regulations;
• Insubordination (i.e., failure to comply with a request from management);
• Failure to notify your manager that you will be absent from work in accordance with School policy;
• Defacing or damaging School property;
• Interfering with the normal workflow, productivity or morale of any co-worker;
• Any action, whatsoever, that has the potential to negatively affect good relations between the School and its employees or between the School and any of its students; and
• Any violation of School policy.

The School may impose disciplinary action, up to and including termination, in the event that your performance, work habits, conduct or demeanor become unsatisfactory.  The School reserves the right to exercise its discretion to judge unsatisfactory conduct or behavior based on violations of the above, any other School policies, rules or regulations, or for any other reason.

Sample 4 – CLCS

The purpose of progressive discipline is to correct or improve job-related performance or behavior.  A staff member who is excessively absent or late, has poor work habits, performs his or her job in an unsatisfactory manner, or exhibits other inappropriate or unsatisfactory behavior may be subject to the procedures outlined below.  In cases involving certain kinds of serious misconduct, however, the CLCS reserves the right to determine the level of disciplinary action up to and including termination, without reference to these procedures.

• When an administrator observes a staff member engaging in objectionable or unsatisfactory conduct or performance, a verbal warning may be given.
• If an objectionable or unsatisfactory practice continues, a written warning may be given to the person, citing the objectionable practice, the corrective measures to be taken, a reasonable time frame for improvement, and the warning of possible consequences of continued objectionable conduct or performance.  A copy of the warning, and any written reply, will be placed in the staff’s personnel file.
• Continuation of objectionable conduct may lead to a further warning, suspension with or without pay, or further disciplinary action up to and including dismissal.

Dispute Resolution

Sample 1 – APR

It is the policy of the APR to treat employees in a fair and impartial manner.  The school is firmly committed to the belief that undisclosed problems will remain unresolved and eventually lead to a decay of work relationships, dissatisfaction in working conditions, and a decline in operational efficiency.  The APR has therefore established the administrative review system that follows, the intent of which is to solve problems as quickly, fairly, and informally as possible and it should not be interpreted by any person as anything more than a method of solving problems before they reach damaging proportions.

A grievance is any significant employee concern that arises in the application of personnel breaches or in violation of personnel practices, either between employees and their co-workers or between employer and employees.  Employees who seek resolution of employment situations by using established procedures are assured that they will not be subjected to discrimination or retaliation or be penalized in any way for their use of these procedures.

Complaints Involving Another Employee:  Employees are encouraged to address complaints involving a co-worker directly to that person for discussion and resolution.  Please do not use email for this purpose.  If the two employees are unable to resolve their differences, they may at any time request a mediation meeting with their supervisor where both employees are present.  If the complaint is unresolved at that level, a second mediation meeting can be arranged with the Principal.  The resolution of the Principal, in consultation with the Director, shall be considered final.

It is the policy of the APR to discourage gossip.

Complaints Against APR:  The procedure set forth is intended to serve as a means for peaceful settlement of disputes that arise between employees and the Academy.  Extension of times beyond those indicated in the formal steps of the procedure outlined below may be secured through mutual (written) agreement of the parties involved.  Failure by the employee to comply with any limitations shall constitute withdrawal of the grievance.  Failure by management to comply with the time limitations shall constitute the right of the employee to proceed to the next step of the grievance procedure.

• In the event an employee believes she/he has been treated unfairly, the employee should discuss the situation with the Principal in an effort to resolve the issue.
• If a resolution has not been reached through the discussion, the employee should present the written material (his/her complaint and Principal’s response) to the Director within 3 days of receiving the Principal’s response.  The employee must notify the Principal of this action.
• The Director will respond to both parties within 3 days of receiving the complaint.
• If the complaint cannot be resolved by the Director, or if the complaint involves the Director, the employee may present the complaint to Board of Trustees.  The Board of Trustees will review any complaint brought before it and will respond in writing to the parties concerned within 15 days of receiving the complaint. The decisions of the Board are final.
• There will be no retaliation of any kind against an employee for bringing up complaints under this procedure.
• At their own expense, employees may seek outside guidance in order to articulate a complaint as clearly as possible.

Exceptions to Procedural Steps: The Academy recognizes that there may arise certain circumstances in which it may be inappropriate for employees to pursue the resolution of a problem in the prescribed sequence. Consequently, the following exceptions are instances where an employee may bypass steps to seek resolution of a situation by the next higher authority.  Employees who are uncertain as to the proper authority or the method are to discuss the matter confidentially with the Director.

• If the complaint or problem involves a known or suspected violation of the law;
• If the complaint or problem is clearly not within the authority of the employee's supervisor to resolve;
• If the employee and supervisor mutually agree to bypass the supervisor's step; or,
• If the nature of the complaint, problem, or dispute involves or has been caused by the employee's supervisor and the employee has reason to believe the supervisor may be less than impartial.

Sample 2 – CDCPS

The staff person receiving the complaint is responsible to document the report in writing on the complaint form, available in the School office.  He/She is also responsible to relay the complaint to the Head of School who then confers immediately with the Executive Director.

The Head of School then meets with the employee against whom the complaint has been filed to discuss the report.  The Head of School may also meet with the person making the complaint, either separately or with the involved staff member.

Following this, a decision is made by the Head of School as to what form of disciplinary or civil action, if any, is to be taken against the employee.  The person making the complaint and the employee are informed of this decision. 

The Head of School is responsible to document the full proceedings on the complaint form and a copy is kept in the central file.  In response to any disciplinary actions, the employee has the option to follow the grievance procedures as outlined in the Personnel Policies.

Employee Grievances - Employees have the right to dispute judgments regarding their conduct and performance that result in disciplinary actions of any kind. 

In the event that a dispute should arise concerning an employee's wages, hours, conditions of employment, disciplinary procedures taken against the employee, or involuntary termination of the employee, the employee shall discuss the matter with his/her immediate supervisor.

If the resolution of the problem is not satisfactory to the employee, the employee may then submit the issue, in writing, to the Head of School.  Within five working days, the employee shall be responded to, in writing and verbally, by the Head of School.

If the employee seeks further satisfaction for the issue, he/she may then submit the issue, in writing, to the Executive Director. This must be done within five working days after receiving the Head of School's response.  Within five working days of receiving the written grievance, the Executive Director will respond, in writing, to the employee.

The aggrieved may then further submit the issue, in writing, to the President of the Governing Board.  A committee of the Governing Board and the Executive Director will then meet, within 15 working days, with the aggrieved employee.  At that time, other supervisors of the employee may be interviewed.  The decision of the Governing Board will be binding and final.

Staff Complaints - Staff are encouraged to speak first to their immediate supervisor regarding complaints.  If a complaint is not handled to the staff person's satisfaction he or she should then go directly to the Head of School.  In all cases supervisors encourage open communication, suggestions for improvement and staff input.

Sample 3 – Sturgis

A grievance is defined as a dispute or controversy involving the meaning, interpretation, or application of the specific terms of the Faculty Handbook and the Offer Employment for Sturgis Charter Public School.

The purpose of this grievance procedure is to define a process of initial to culminating steps by which a grievance can be reviewed and addressed.  If the grievance has not been addressed to the satisfaction of the employee at a specific step, then the employee may proceed to the next step in the procedure.  The employee is allowed to bring an observer during any step of the procedure.

Steps in the Grievance Procedure:

• Step 1:  The employee shall discuss the grievance directly with the individual whose action or decision resulted in the grievance within 10 days of the incident.  If the grievance is the result of an action or decision of the Executive Director and is not resolved in Step 1 within 10 days of the incident, then the procedure moves to Step 4.
• Step 2:  The employee shall discuss the grievance with the lead teacher or administrator who has supervisory responsibility over the area of concern within 10 days of the completion of Step 1 above.
• Step 3:  The employee shall discuss the grievance with the Executive Director within 10 days of the completion of Step 2 above.
• Step 4:  The employee shall submit a description of the grievance in writing to the Grievance Committee within 10 days of the completion of Step 3 above.  The employee shall then discuss the grievance with the Grievance Committee, which consists of the Associate Director, the Assistant Director for Operations, the Faculty Representative to the Board of Trustees, the Civil Rights Coordinator, two faculty members elected by the faculty at large with one acting as the regular member and one to serve as an alternate in cases of conflict of interest or absence, and the Executive Director.
• Step 5:  The employee shall submit the grievance in writing to the Board of Trustees, which will give the employee a hearing at an executive session during a meeting of the Board of Trustees within five weeks upon the receipt of the grievance.

Sample 4 – CLCS

Filing a Grievance is a very serious matter and should not be taken lightly.  A Grievance should be filed in cases of sexual or racial/ethnic harassment; theft; drug or alcohol related incidents; and/or bullying, threatening, extortion.  A Grievance should be filed when all other avenues of reconciliation (conversation, mediation, etc.) have been exhausted.
Grievances may be submitted online via email at mjacobson@conservatorylab.org or in writing to: Principal, Conservatory Lab Charter School, 25 Arlington Street, Brighton, MA 02135, Fax # 617-254-8909.

All complaints/grievances will be brought to the attention of the Principal. The Principal will review, investigate, forward and/or respond to complaints and will put forth a best effort to adjudicate the issue(s), in conjunction with any staff.
If the Principal is directly involved in the Grievance, then the Grievance should be filed with the designated member of the Board of Trustees.

All issues will be reviewed and responded to by the Principal. Issues regarding program content will also be reviewed and addressed by the CLCS Board of Trustees Executive Committee. A response will be forwarded by the Principal or CLCS Board of Trustees Executive Committee.

All grievances will be reviewed by the CLCS Board of Trustees Executive Committee. A written decision will be issued in a timely manner.

If warranted, an independent mediator may be asked to enter the proceedings.

Sample 5 – Abby

Any employee who feels that he or she has been treated unfairly for any reason has recourse to have the issue heard.  The first step is to try to resolve the issue through informal discussion.  If necessary, an employee should discuss the issue of concern with his or her immediate supervisor (For example: Lead Teacher, Department Head or Food Service Manager).

If the employee wishes to pursue the matter further, he or she may make an appointment with next highest level.  If the employee is not satisfied, the employee can make an appointment with the Principal. Finally, should the employee desire further review, he or she may make an appointment with the Superintendent.  If the employee believes that he or she is being, or has been, sexually harassed, then the Employee should follow the complaint procedure set forth on page 8 above.

If you feel that you are in danger, notify one of the following immediately:

• School Principal or Supervisor
• Civil Rights Administrator
• Superintendent

If you have any questions regarding this section, please contact Human Resources.

EEO/Non-discrimination

Sample 1 – CLCS

The CLCS is committed to comply in good faith with all federal, state and local laws, rules and guidelines in the areas of employment and education.  In accordance with the CLCS commitment to Equal Opportunity/Affirmative Action, the school will constantly monitor all educational policies and practices to determine their compliance with equal opportunity.

Faculty and staff are also asked to frequently review all instructional books, materials and aids to be sure they do not contain unsuitable statements, pictures or words which may violate the CLCS Equal Opportunity/Affirmative Action commitment.

Personnel should strive to achieve a work and social environment which will be acceptable to all people.  Administrators are responsible for implementing and monitoring this policy.  Often things are said in jest which causes resentment in other people.  Therefore, in order to provide a bias-free atmosphere in our schools, racial slurs, ethnic jokes, religious bigotry, and detrimental statements or comments concerning race, marital status, sexual orientation, color, gender, age, religion, national origin, or disability are prohibited.

If any employee has any educational concerns which require some assistance, please contact the CLCS Civil Rights Administrator (currently the CLCS Principal), who will assist personnel in complying with federal and state mandates concerning equal opportunity.

Equal Opportunity in Employment/Non-Discrimination Policy - The CLCS recruits, hires, trains and promotes persons in all jobs without regard to race, color, religion, gender, sexual orientation, age, national origin, disability, or veteran status.  The CLCS is committed to making reasonable accommodations for known disabilities when such accommodations would not impose an undue hardship on the CLCS.  The CLCS will make all employment decisions in a manner that is consistent with the principles of equal employment opportunity.

The CLCS seeks to ensure that promotion decisions are in accord with principles of equal employment opportunity by establishing only valid requirements for promotional opportunities.  The CLCS seeks to ensure that all personnel actions in matters such as compensation, benefits, transfers, company-sponsored training, the social and recreation programs will be administered without regard to race, color, religion, gender, sexual orientation, national origin, age, or disability.

If any verbal or physical conduct interferes with any employee’s work performance or creates an intimidating, hostile or offensive work environment, the CLCS Civil Rights Administrator (currently the CLCS Principal) should be notified immediately (see the CLCS Civil Rights Complaint Policy and Procedures, attached as Addendum “A”).  All such notifications will be held in confidence, consistent with an expeditious investigation of the allegations and the imposition of disciplinary action, if appropriate.

The CLCS policy is to implement equal employment opportunity for all qualified employees and applicants for employment.  The CLCS will continue to take positive action to ensure conformance to the requirements and objectives set forth in all applicable federal and state law.

Sample 2 – APR

APR Anti-Discrimination Policy:  Our mission statement reflects our value of empowering students of all racial and ethnic backgrounds to achieve their full potential.  The adult community of the APR will model the best practices and professional behavior of a diverse team.

Any grievance regarding discrimination shall be handled through the Director of the Academy and in consultation with the Board of Trustees when appropriate.  The complainant should contact the EEOC officer (the Principal), who shall provide information and assistance on filing and pursuing the complaint.

Specifically, no person within the Academy will intentionally commit any of the following acts for reasons prohibited by this policy:

• Discriminate in the recruitment, hiring, training, compensation, benefits, promotion, transfer termination, lay-off, reduction in workforce, or any other terms or conditions of employment.
• Make any comments, display or distribute any materials that constitute unlawful harassment based on an individual's membership in a legally protected class.
• Deny a person any service, other program benefits, or financial aid based on the individual’s legally-protected classification.
• An APR employee who has become aware of violations of this provision has the affirmative obligation to report the conduct to their immediate supervisor, or if the supervisor is engrossed in the conduct, to another member of the management team.

Non-Discrimination Statement:  It is the policy of the APR, its students, faculty, and its volunteers to provide information and program services to any and all interested parties in need of said services and for those interested in serving in a volunteer capacity, without regard to race, color, sexual orientation, age, national origin, handicap, gender and/or ability to pay.

Equal Employment Opportunity: The Academy of the Pacific Rim is an Equal Employment Opportunity (EEO) employer and makes all employment decisions based on qualifications to perform the work without regard to race, color, age, sex, religion, national origin, disability, veteran status, marital status, or sexual orientation.  Employment decisions include:

• Hiring, placement, upgrading, promotion or demotion
• Recruitment, advertising or solicitation for positions of employment
• Treatment during employment
• Compensation or other forms of remuneration
• Layoff or termination

If you are disabled and need a reasonable accommodation in order to perform the essential functions of your job, you may request such accommodation.  The school will provide reasonable accommodations for the known disability of a qualified individual to allow him/her to perform essential job functions.

Any questions concerning equal employment opportunity and all requests for reasonable accommodation should be directed to the Principal or Director.  For further information regarding Anti-Discrimination procedures, please refer to the Anti-Discrimination Policy in Section VII.

Sample 3 – CDCPS

The Community Day Charter Public School has a statutory mandate under law to guarantee equal treatment for all who seek access to its services or opportunities for employment and advancement.  No discrimination will be tolerated on the basis of race, color, religious creed, national origin, gender, sexual orientation, age, genetic information, ancestry, handicap, status as a Vietnam-era or special disabled veteran, or status in any group protected by federal, state, and local law.  The ultimate goal is for personnel of this organization to reflect the proportion of minority, female, and handicapped persons in the populations they serve.

The Community Day Charter Public School will meet its legal, moral, social and economic responsibilities for Equal Employment Opportunity/Affirmative Action as authorized and required by all pertinent state and federal legislation, executive orders and rules and regulations, including, but not limited to, the following:

• Massachusetts Executive Order 74 as amended by Executive Order 116
• Massachusetts Architectural Barriers Board Act
• Federal Executive Orders 11246
• Civil Rights Act of 1964, Title VII
• Civil Rights Act of 1991
• Equal Pay Act of 1963
• Age Discrimination in Employment Act of 1967
• Rehabilitation Act of 1973, Section 501
• Massachusetts Executive Order 143 and 227
• Massachusetts Genetic Testing Law of 2000

All employees, subcontractors, and vendors must make genuine and consistent efforts (1) to ensure equal employment opportunities for present and future employees, and (2) to implement affirmative action, as legally required to remedy the effects of past employment discrimination and social inequalities.

The responsibility for implementing and monitoring this policy has been delegated to the Executive Director.

Grievance procedures - In the event that a School decision or policy is unsatisfactory, employees shall submit a written request for appeal to the Executive Director.  Within two weeks the Executive Director will give a written decision to the appellant, giving the reasons for the decision.  If the decision of the Executive Director is not satisfactory, the appellant has the right to appeal to the Board of Directors.  Appeal requests should be in writing to the Board President.  Within four weeks the Board of Directors shall hold a hearing and render a decision in writing to the appellant.  Employees of the School who are involved shall have the right to be present at the hearing.

Furthermore, Community Day Charter Public School prohibits that any employee, or applicant, be subjected to coercion, intimidation, interference, or discrimination for filing a complaint or assisting in an investigation under this program.  No portion of this Equal Employment Opportunity/Affirmative Action policy shall be construed conflicting with any existing or future judicial or legislative mandate where a construction consistent with that mandate is reasonable.

Sample 4 – Sturgis

The Sturgis Charter Public School is committed to equal employment and educational opportunities for all employees, students, and members of the school community without regard to race, ethnicity, gender, religion, sexual orientation, age, disability, or any other protected category.  Discrimination based of these qualifiers is illegal under state and federal law and will not be tolerated.

Sturgis Charter Public School does not discriminate on the basis of race, color, national origin, gender, handicap, age, religion, sexual orientation, or any other protected category in the educational programs or activities it operates.  This policy of non-discrimination includes the following areas: recruitment and appointment of employees, employment pay and benefits, counseling services for students, access by students to educational programs, course offerings, and student activities.  The Associate Director is the designee with responsibility for civil rights.  Please see the Sturgis Civil Rights Brochure.

Performance Management

Sample 1 – APR

The Academy has a performance review program in place, in which each employee receives a mid-year and end-of-year performance review that is co-written by the Principal and Director.  In addition, full-time, salaried employees are eligible for a performance bonus.  The criteria for this bonus will be presented and reviewed during orientation and in performance reviews.  Please see the Director or Principal for the current policy details.

Sample 2 – CDCPS

Employees will receive periodic evaluation of job performance with specific reference to assessment of the employee's fulfillment of job descriptions.  Performance reviews are mandatory and are performed periodically during the course of employment, but may be undertaken as needed, if requested by a supervisor.  During the performance reviews, written goals will be developed by the employee and his/her supervisor. 

Personnel Records

Sample 1 – CLCS

Copies of all personnel records are filed in the office.  Staff members are permitted to review their own files and may do so by contacting the Principal or the Business Manager.  Staff members must inform their appropriate supervisor prior to obtaining copies of any information in their personnel file.

Personnel records include:  Verification of Employment Eligibility (I-9), evidence of a negative tuberculosis test, payroll deduction forms, documentation of performance and written disciplinary action, status change forms, workplace accident/injury reports, insurance applications, hours and salary changes, W-4 (federal tax deductions) and M-4 (MA, if deductions are different from federal).  Files may also include references, resumes, transcripts, teaching certificates of licensure, evidence of having earned professional development credits, and teacher portfolios.

Staff members are responsible for providing the CLCS with information necessary to keep their employment records up to date at all times.  Staff must notify the office in a timely fashion of any change in their status such as:

• Legal name changes
• Change in address or telephone number
• Change of social security number
• Change in number of dependents
• Change in immigration status
• Emergency contact name
• Attendance at a seminar, completion of courses, or receipt of a degree

The staff should also notify the office 60 days prior to the date the staff or the staff’s spouse reaches 65 years of age (for Medicare information) or when their child reaches 19 years of age. 

Sample 2 – APR

Personnel records will be kept by the administrative offices during and after an employee's period of employment with the School.  The Personnel Files shall contain the job title, period of work service and grade levels of the children with whom the employee worked, if applicable.

Professional Development

Sample 1 – CLCS

Full-time lead teaching staff are paid for professional development and planning time each day, including 45 minutes during the school day and 45 minutes before and after school.  This time includes staff meetings, held between 3:00 and 4:30 on a weekly basis.

Full-time associate teachers are paid for professional development and planning time during the school day, to be used principally to collaborate with their cooperating teacher.

In addition, all teaching staff members are expected to(1) attend up to two weeks of an in-house Summer Professional Development Institute, (2) approximately three professional development days throughout the academic year, as determined annually, and (3) three hours of professional development on once- or twice-monthly Wednesday afternoons throughout the school year, when students are released early.   The CLCS will make every effort to meet the professional development needs of its staff by providing training by both outside consultants and CLCS staff.  All training provided on-site will be at no cost to the staff members attending.

Reimbursements

Sample 1 – Abby

Travel - Employees are eligible for reimbursement from the School for travel expenses incurred while on official School business. To be eligible for travel expense reimbursement, travel status must be approved and granted by the Superintendent or his designee in advance. All requests for travel reimbursement must appear on a form provided by the Business Office for such purpose. 

Automobile Mileage Reimbursement - Employees are eligible for reimbursement from the School for business use of their personal automobile while on official business for the School. Automobile mileage reimbursement must be approved and granted by the Superintendent or his designee. Such reimbursement shall be at the IRS and/or state rate as determined by the Business Office. All requests for travel reimbursement must be listed on a form provided for such purpose by the Business Office. Travel distance is calculated from the school to the destination.

Other Reimbursements - Employees are eligible for reimbursement from the School for expenses paid with their personal funds provided that such expenses are pre-approved by the Superintendent or his designee.

Personal Telephone Calls - Employees may not charge personal long-distance telephone calls to the School.

Sample 2 – Excel

All employees are expected to exercise good business judgment when incurring travel and business expenses.  Employees are entitled to reimbursement for ordinary expenses incurred while engaged in School business.  All requests for advance payment or reimbursement of business expenses must be submitted in strict compliance with the procedures and forms adopted by the School, including necessary documentation of business expenses.  Extraordinary expenses must be approved in advance.

Sample 3 – APR

Travel - Reimbursement for employment related travel by employees using a privately owned vehicle is authorized, providing the Head of School approves such travel with reimbursement not to exceed the current rate established by the School.  Parking fees and tolls are reimbursable at actual costs incurred with verifying receipts.  Commuting expenses are not reimbursable.

Termination

Sample 1 – Sturgis

The faculty member’s employment may be terminated before the end of the term of this contract if the faculty member:

• Voluntarily quits his job, either by telling the School that he is resigning or by engaging in conduct that makes it apparent that he is quitting, such as his unexplained failure to report to work; if the faculty member desires to voluntarily terminate employment before the term of this contract has expired, he will give the School at least 90 days notice of his intention to do so.
• The Sturgis Charter Public School may dismiss a faculty member at any time for any reason and shall dismiss a faculty member for inefficiency, incompetency, incapacity, conduct unbecoming a faculty member, insubordination or failure on the part of the faculty member to satisfy faculty member performance standards.  The following are examples, but in no way limits the reasons for which a faculty member will be dismissed:
• Is convicted of, pleads guilty to, or enters a nolo contendere plea to any felony;
• Embezzles funds or assets from the School;
• Becomes physically or mentally disabled and has used all disability benefits available to him pursuant to state and federal family and medical leave laws and is either unable to reasonably and effectively carry out his duties (I) with reasonable accommodations that the School provides or (II) because the accommodations the School would have to provide would cause the School undue hardship; or
• Fails or refuses to perform his reasonable and customary duties under this contract, fails to comply with any lawful order or directive of his superiors, or breaches any material term of this Handbook.
• The School will give the faculty member an opportunity for a formal hearing before any termination of employment is made for as reason set forth in paragraph 2, above.

In the event of a drop in enrollment during the school year or prior to the beginning of a school year, Sturgis may be required to reduce the number of faculty employed by the school.  Sturgis will make decisions regarding those faculty who will continue to be employed by the school based upon the individual qualifications, capabilities, and professional expertise of each faculty member and the needs of the educational program.  An individual faculty member’s number of years of employment at Sturgis will not be the determining factor in decisions regarding staff reduction.  The Executive Director will have the ultimate authority to make employment decisions whenever staff reduction becomes a necessity.  Faculty members affected by staff reduction will have 30 days written notification.

Sample 2 – CLCS

The CLCS may terminate employment of any employee for any reason, at any time.  A contracted staff member whose employment is involuntarily terminated for causes beyond his/her control and when there is no misconduct by the staff member, shall receive 30 days notice, or pay in lieu of notice.  At-will administrative staff members may be terminated immediately for any reason, at any time, without further compensation or without advanced notice.

When a staff member engages in certain types of serious misconduct, progressive discipline will not be followed and the person will be subject to immediate termination without notice.  Misconduct of this serious nature is defined as:

• Behaviors that the administration judges to threaten the well-being of the CLCS, any staff or student
• Sexual harassment; immoral conduct
• Drug/alcohol use or possession during work hours
• Reporting to work under the influence of alcohol or drugs
• Violence on the job; possession of a weapon on school property or in the course of one’s duties
• Falsification of timesheets or other documents or other acts of dishonesty
• Job abandonment (failing to notify the school of an absence)
• Theft, misappropriation, or deliberate misuse of the CLCS funds or property
• Insubordination
• Violation of the CLCS student or staff confidentiality
• Other infractions which are deemed sufficiently serious to warrant dismissal.

In the event that an employee is terminated for cause, the employee will be notified in writing and will be entitled to salary earning as of the date of receipt of such notice.

Sample 3 – CDCPS

For professional or personal reasons, employees may from time to time terminate voluntarily from employment with CDCPS, an action representing a decision on the part of the employee that recognizes all of its possible consequences.

At voluntary termination, employees may receive compensation for any accrued vacation (see Sec. 5.3 - 5.39 for more information on vacation accrual and carry over limitations). 

At termination, an employee forfeits all accrued but unused sick leave and personal days.  At this time, it is determined whether the employee has used any accrued benefit days (sick, vacation or personal days) that he/she has not earned.  The employee will be obligated to pay any unearned time back to the School.

If voluntary or involuntary termination occurs, however, because of chronic illness on the part of the employee, the Head of School may elect to compensate the employee for all or a part of the employee's unused sick leave.

An employee who resigns shall give a signed written notice stating the date of departure and reason for resignation. In the case of Teachers and Assistant Teachers for whom a letter of employment is in effect, either party, school or teacher may terminate employment with or without cause, by providing thirty days prior written notice to the other, according to the terms of said letter.

Although not a requirement, but as a courtesy, employees are asked to give at least as many weeks notice as they have weeks of annual vacation time.  Notice periods are not to include vacation time, unless such time is warranted by exceptional circumstances and then only at the discretion of the Head of School.

When an employee leaves the employment of CDCPS, the Head of School must notify the Payroll Administrator that the worker has completed assignments satisfactorily and is, therefore, entitled to the final paycheck and accrued vacation pay. 

All references will be given by the Head of School or Executive Director only.

Sample 4 – Excel

Employment is "at-will" and may be terminated by the School or the employee at any time with or without cause.

Resignation - A resignation is a termination instituted by the employee.  All staff are expected to provide as much notice as possible of their resignation, ideally four weeks at a minimum.  Employees who fail to report to work for three consecutive days without notifying and receiving authorization from their supervisor or administration will be considered to have resigned.

Return of Property - Upon separation from the School, all files, documents, records, laptops, credit cards, door and file keys, computer access codes or discs and instructional manuals and other physical or personal property which the employee has received, prepared or helped prepare in connection with his/her employment with the School, and any copies, duplicates, reproductions or excerpts thereof must be returned by the employee on or before the last day of work.

Sample 5 – Abby

There may come a time when you choose to leave the School to take on another challenge or for some other reason. To ensure the least amount of disruption to your students and co-workers, the School requests notice of your intent to resign. You must notify your immediate supervisor in writing:

• with a minimum of 2 weeks' notice; or
• 4 weeks' notice for members of the administration.

Provided you give proper notice, instructional staff will be eligible for payment of unused sick days at the rate set forth on page 13. You will not be paid for unused sick days if you fail to give adequate notice.

Non-Instructional staff will be eligible for payments of unused sick days and vacation days at your regular rate of pay. You will not be paid for unused sick days if you fail to give adequate notice.

If you have taken more vacation or sick days than you have accrued, the per diem amount will be deducted from your final paycheck.

Sample 6 – CLCS

Any contracted educational employee may terminate employment for any reason, at any time, by giving sixty (60) work (school) days written notice to the CLCS.  Teaching staff are strongly discouraged from terminating employment during the school year.  Non-educational administrative staff members are considered employees at will.  All employees accept their positions with the intent of working the entire twelve-month employment period.

Administrative staff members who terminate employment prior to July 31 will be paid for a pro-rated portion of the contract year’s unused vacation days at their regular rate of pay.  Prorating will be based on the number of weeks the person worked, beginning on the date of employment.

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