Administrative Guidelines: Employee Expectations for Professional Conduct. Boone Community School District

Transcription

1 Administrative Guidelines: Employee Expectations for Professional Conduct Boone Community School District

2 VERSION CONTROL CURRENT VERSION LAST USC, CFR AND IA CODE REVIEW LAST PROCEDURAL REVIEW LAST DISTRICT POLICY REVIEW LAST DISTRICT LEGAL REVIEW Administrative Guidelines: Employee Expectations for Professional Conduct 2012 Boone Community School District. All rights reserved.

3 TABLE OF CONTENTS ADMINISTRATIVE GUIDELINES: INTRODUCTION...1 EEQP POLICY AUTHORIZATION (OPTIONAL)...3 STATEMENTS OF PURPOSE AND INTENT...5 PURPOSE OF THE EMPLOYEE CODE OF CONDUCT...5 INTENT OF THE EMPLOYEE CODE OF CONDUCT...6 CONDUCT MANAGEMENT OVERVIEW...7 RATIONALE FOR DISCIPLINARY ACTIONS...7 DELEGATION OF AUTHORITY...9 ROLES & RESPONSIBILITIES...9 EEQP VIOLATIONS...11 POTENTIAL VIOLATIONS OF POLICY ALONE...11 ATTENDANCE, LEAVE OR CONTRACT DAY POLICY VIOLATION...11 BREACH OF CHAIN OF COMMAND PROTOCOL...13 DISHONESTY/FALSIFICATION OF/FAILURE TO ACCURATELY PROVIDE INFORMATION (NON-CRIMINAL)...15 INADEQUATE PREPARATION FOR EMPLOYEE JOB RESPONSIBILITIES...17 INADEQUATE SUPERVISION OF STAFF...19 INADEQUATE SUPERVISION OF STUDENTS...21 INAPPROPRIATE, ABUSIVE OR OFFENSIVE CONDUCT (NON-CRIMINAL)...23 INAPPROPRIATE USE OF TECHNOLOGY RESOURCES...25 INSUBORDINATION...27 LACK OF TEAMWORK...29 OFF-DUTY MISCONDUCT...31 TOBACCO POLICY VIOLATION...33 OTHER POLICY VIOLATION...35 POTENTIAL VIOLATIONS OF CIVIL STATUTE...37 BREACH OF CONFIDENTIALITY...37 DISCRIMINATION...39 SEXUAL HARASSMENT...41 OTHER POTENTIAL CIVIL VIOLATION...43 POTENTIAL VIOLATIONS OF CRIMINAL LAW...45 ALCOHOL OR DRUG POLICY VIOLATION...45 COMMISSION OF A SEX OFFENSE...47 DISHONESTY (CRIMINAL)...49 FALSIFICATION OF OR FAILURE TO ACCURATELY PROVIDE INFORMATION (CRIMINAL)...51 INAPPROPRIATE, ABUSIVE OR OFFENSIVE CONDUCT (CRIMINAL)...53 THEFT, ABUSE OR UNAUTHORIZED USE OF PROPERTY...55 WEAPONS POLICY VIOLATION...57 OTHER CRIMINAL VIOLATION (NON-DISQUALIFYING)...59 OTHER CRIMINAL VIOLATION (DISQUALIFYING)...61 PROCEDURES FOR DISCIPLINARY ACTIONS...63 VERBAL WARNINGS...63 WRITTEN WARNINGS...69 OFFICIAL REPRIMANDS...75 SUSPENSIONS...80 DISCHARGES...86 APPENDIX A...98 IOWA BOARD OF EDUCATION EXAMINERS...98 APPENDIX B LICENSURE CODE OF PROFESSIONAL CONDUCT FOR EDUCATORS APPENDIX C OVERVIEW: EMPLOYEE DISCIPLINARY PROCESS APPENDIX D EXAMPLE: GENERAL INVESTIGATION WORKSHEET APPENDIX E EXAMPLE: GROUNDS-SPECIFIC INVESTIGATION WORKSHEET (INSUBORDINATION) APPENDIX F EXAMPLE: DISCIPLINARY CASE EVALUATION RUBRIC APPENDIX G EMPLOYEE CONTRACTS APPENDIX H EXAMPLE: VERBAL WARNING APPENDIX I EXAMPLE: WRITTEN WARNING...133

4 APPENDIX J EXAMPLE: OFFICIAL REPRIMAND APPENDIX K ACKNOWLEDGEMENT OF RECEIPT...137

5 DISCLAIMER THE CONTENTS OF THIS MANUAL REPRESENT A SYNTHESIS OF RESEARCH-SUPPORTED BEST PRACTICES DERIVED FROM MULTIPLE DOMAINS AND ARE PROVIDED TO THE INSTITUTION ON AN AS-IS BASIS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO MATERIALS, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, CLAIMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS, OR RELIABILITY OR RESULTS. IN NO EVENT SHALL COMPANY BE LIABLE FOR CLAIMS, DAMAGES OR OTHER FORMS OF LIABILITY, WHETHER BY ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF, OR IN CONNECTION WITH THE MATERIALS OR THEIR USE BY THE INSTITUTION. THE OPINIONS EXPRESSED NEITHER CONSTITUTE, NOR SHOULD THEY BE CONSIDERED AS SUBSTITUTES FOR, PROFESSIONAL LEGAL ADVICE. THE INSTITUTION IS URGED TO CONSULT WITH COUNSEL IN THE MANNER DICTATED BY LOCAL CUSTOM OR POLICY REGARDING SPECIFIC QUESTIONS PERTAINING TO THE SUBJECT MATTER CONTAINED HEREIN.

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8 INTRODUCTION 1

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10 EEQP POLICY AUTHORIZATION (OPTIONAL) 3

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12 STATEMENTS OF PURPOSE AND INTENT The following administrative statements were developed to assist all employees in understanding the purpose and intent of the Boone Community School District Employee Expectations for Professional Conduct (EEQP). PURPOSE OF THE EMPLOYEE CODE OF CONDUCT The purpose of the EEQP is to ensure that each employee is aware of his or her responsibility in accordance with BCSD 400 for supporting the mission, vision, philosophy and beliefs of the district: A. Mission. The mission of the Boone Community School District is to provide an educational environment that promotes academic and extracurricular excellence and the development of good character in our students [BCSD 101.E1]. B. Vision. The vision of the Boone Community School District, working in partnership with families and the community, is to provide each student with challenging educational opportunities in a safe, supportive environment in order to ensure the development of productive, caring, and engaged citizens who are successful lifelong learners [BCSD 101.E1]. In achieving this vision, we will promote a culture of safety, respect, and collaboration. C. Philosophy. As a school corporation of Iowa, the Boone Community School District, acting through its Board of Directors, is dedicated to promoting an equal opportunity for a quality public education to its students. The board s ability may be limited by the school district's ability and willingness to furnish financial support in cooperation with student s parents and school district community. The board is also dedicated to providing the opportunity to develop a healthy social, intellectual, emotional, and physical self-concept in a learning environment that provides guidance to and encourages critical thinking in the students for a lifetime. The board endeavors, through the dedication of the school district's resources, to encourage students, who come to the school district from a variety of backgrounds, to look forward to the time when they will have jobs, homes, families, places in the school district community, and attain recognition as individuals. In order to achieve this goal, the board will seek qualified employees dedicated to development of their professional skills for the betterment of the education program and for the expertise for educational productivity. Instruction and curriculum are the key elements of a public education. Critical thinking and problem-solving skills, that will assist the students' preparation for life, is instructed as part of a sequentially coordinated curriculum. The school district strives to prepare students for employment, to discover and nurture creative talent and to prepare them to meet and cope with social change in an atmosphere conducive to learning. The support and involvement of the home and the school district community are essential to achieve educational excellence in the school district. The school district strives to maintain an active relationship with the home and the school district community to create within the students an awareness of dignity and worth of the individual, civic responsibility and respect for authority [BCSD 101 and 601.1]. D. Beliefs. We believe that: 1). Continuously improving academic achievement for all students is the primary focus of our school system. 2). A professional, high quality staff is essential to achieve academic excellence, and we expect staff to be innovators, motivators, and positive role models for students. 3). High quality professional development is required to support the continuous improvement of instruction necessary to increase student achievement. 4). Positive family and community engagement in the educational process is vital to the success of students. 5). A quality school system must be responsive to community needs and accountable for results. 6). A rigorous and relevant curriculum, supported by effective teaching and learning practices, is 5

13 essential to providing students with a quality educational experience. 7). Student learning occurs best in a safe, caring, positive environment supported by quality facilities and resources. 8). A quality school system embraces diversity and promotes respect [BCSD 101.E1]. Employees fulfill this responsibility when their actions and behaviors both professionally and personally reflect the following general standards for ethical conduct: A. Legal expectations for conduct. All employees are expected to comply with applicable federal law, state statutes as defined in the Merged Iowa Code (IA Code), state regulations as defined in the Iowa Administrative Code (IAC) and all local ordinances. B. Professional expectations for conduct. All licensed employees are expected to comply with the Code of Professional Conduct & Ethics (CPCE) of the Iowa Board of Educational Examiners (BOEE) [IAC et seq.; BCSD 404R1, 404R2 and 405.1; see Appendix A and Appendix B]. The CPCE outlines the mandatory minimum standards of practice for all licensed practitioners as required under IA Code et seq., and compliance with its provisions is essential to maintaining the integrity of the education profession [IAC ]. C. District expectations for conduct. All employees are expected to comply with the Boone Community School District Administrator Code of Ethics (ACE) [IA Code 279.8; [BCSD 313] or the Boone Community School District Employee Conduct Policy (ECP) [IA Code 279.8; [BCSD 404 et seq.] as applicable, as well as all other policies, rules, procedures, and routines established by the Board of Directors, the superintendent or his/her designee(s) [IA Code 279.8; BCSD 201.3, 203.1, 203.4, 203.8, 301.3, 301.4, and 314]. INTENT OF THE EMPLOYEE CODE OF CONDUCT In the state of Iowa, public employers have the exclusive power, duty, and the right to take such actions as may be necessary to carry out the mission of the public employer [IA Code 20.7(7); BCSD 201.3, and 405.1]; as such, and in accordance with its purpose, the intent of the EEQP is: 1). To alert employees to the types of actions and behaviors that most commonly represent violations of the general standards for ethical conduct outlined above, and as such, grounds for employee discipline. 2). To define a rational course of action for addressing potentially unethical employees conduct in a manner consistent with federal law, IA Code statute and district policy. 3). To ensure that this course of action remains consistent with the provisions of the Iowa Public Employment Relations Act [IA Code 20.1 et seq.; BCSD 400, and 411.1] and the district s current agreements with the Boone Education Association (BEA) [BEA 1.1 et seq.] and the United Electrical, Radio and Machine Workers of America Local #893 (UE) [UE 1A et seq.]. 6

14 CONDUCT MANAGEMENT OVERVIEW The following administrative guidelines and regulations were developed to ensure that issues involving employee ethics or conduct issues are managed in accordance with the purpose and intent of the EEQP. The superintendent or his/her designee will assure that these guidelines and regulations are: 1). Reviewed at regular intervals [IA Code 279.8; BCSD 104, 203.3, 203.4, and 312.2] 2). Provided to, or made accessible to, all employees on an annual basis [IA Code 279.8; BCSD and 301.3]. RATIONALE FOR DISCIPLINARY ACTIONS It is essential that prompt, corrective action is taken whenever conduct standards are not being met by an employee. In situations where employee action(s) or behavior(s) are found to represent one or more violations of the EEQP, disciplinary action must be considered and should reflect the following district goals for the disciplinary process: FAIR and REASONABLE: For the purpose of this EEQP, fair and reasonable is defined as the full consideration of all relevant case facts before a specific disciplinary option is selected or recommended to address any specific incident. Because no two disciplinary situations are completely identical, the EEQP was designed to support the consideration of all aggravating and mitigating circumstances before disciplinary action is initiated to ensure that the accused are treated in a just manner before, during and after the employee disciplinary process. CONSISTENT: For the purpose of this EEQP, consistency is defined as the use of the same or substantially similar types of employee discipline in situations involving the same or substantially similar incidents. As such, the EEQP was designed to ensure a high level of internal consistency in disciplinary matters involving employees. (i.e., like penalties for like offenses in like circumstances ) If necessary, disciplinary action will be taken promptly and in compliance with federal law, state statute and district policy to protect both the interests of Boone Community School District and, where applicable, the due process rights of the employee(s) involved. Disciplinary action will be taken equitably and without regard to race, color, national origin, citizenship status, religion, sex, economic status, age, military status, ancestry or disability, and the private and confidential nature of each such action will be respected at all times [IA Code 19B.11(2) and 216.6; IAC et seq.; BCSD 103.et seq., and 401.2]. An overview of the employee discipline process is as follows (see Appendix C): A. Establishing grounds. The grounds for employee discipline must be determined. Where required, Just Cause must be established [IA Code 20.7(3), and ; BCSD and 413.4]. B. Verifying grounds. The grounds for employee discipline must be verified by an informal inquiry or a formal investigation conducted under presumption of innocence (see investigation documentation examples in Appendix D and Appendix E). If these grounds are substantiated, the specifics of a charge will be described in as much detail (e.g., the who, what, where, when and how ) as possible supported by all relevant evidence (e.g., documentation that leave was disapproved in a case where an employee is later disciplined for unauthorized absence). Where 7

15 applicable, a connection may be made for the employee between the charge and the mission, vision, philosophy and beliefs of the district. C. Determining a general course of action. Only after the grounds for employee discipline have been substantiated will one of the following two general courses of disciplinary action be taken based on the specific EEQP violation involved and the presence or absence of the same or substantially similar disciplinary events in the past (where applicable): 1. Informal action (i.e., verbal warnings and written warnings); or 2. Formal action (i.e., official reprimands, suspensions and discharges). D. Assessing the case facts. Prior to initiating or recommending a specific type of discipline to accomplish either course of action, both the aggravating and the mitigating factors in the case must be considered. This process should be guided by a standard set of Douglas Factors to ensure that the selected or recommended consequence is an appropriate response to the specific incident(s) involved (see Appendix F): 1. The nature and seriousness of the offense and its relation to the employee s duties, position, and responsibilities, including whether the offense was intentional or inadvertent, or was committed maliciously or for gain, or was frequently repeated. 2. The employee s job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position. 3. The employee s past disciplinary record. 4. The employee s employment record, including length of service, performance on the job, ability to get along with fellow workers, and dependability. 5. The effects of the offense upon the employee s ability to perform at a satisfactory level and its effect upon the supervisor s confidence in the employee s ability to perform assigned duties. 6. Consistency of the penalty with those imposed upon and on other employees for the same or similar offenses. 7. Consistency of the penalty with any applicable district table of penalties. 8. The notoriety of the offense or its impact upon the reputation of the district. 9. The clarity with which the employee was previously notified of any rules violated in committing the offense, or had previously received non-disciplinary counseling regarding the conduct in question, if applicable. 10. The potential for the employee s rehabilitation. 11. Mitigating circumstances surrounding the offense such as unusual job tension, personality problems, mental impairment, harassment, or bad faith, malice or provocation on the part of others involved in the matter. 12. The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or by others. Depending on the specific circumstances, any of these factors can be either mitigating or aggravating, and all relevant factors in the case must be considered [see also IAC ]. As a general rule, aggravating factors support a more severe disciplinary action, while mitigating factors support less severe disciplinary action. E. Selecting or recommending a specific action. Each EEQP violation is classified into one of five relative severity tracks, and incidents within the same classification are processed along the same track from a progressive employee discipline standpoint. For each violation-interval pairing within the EEQP, a range of permitted disciplinary options is provided based on the relative severity of the misconduct involved (i.e., minor, moderate, major, non-disqualifying and disqualifying). The specific action taken or recommended should reflect whether case facts involved were predominantly aggravating, predominantly mitigating or roughly equal for the case in question. 8

16 F. Considering the need for progressive discipline. It should be noted that a single occurrence of some actions and behaviors may be as grave as to warrant immediate formal action up to and including discharge; however, repetitive misconduct of a lesser nature may require progressively more serious sanctions. In such cases of chronic employee conduct, progressive action should be taken when it is evident that either: 1). Non-disciplinary strategies, where used, did not result in a modification or suppression of the employee s action(s) or behavior(s); or 2). Previous disciplinary actions failed to correct a chronic EEQP violation. G. Documenting the action. It is important that accurate documentation is maintained before, during and after each disciplinary action to protect both the interests of Boone Community School District and the rights of the employee involved [BCSD and 401.5R1]. DELEGATION OF AUTHORITY While the superintendent and the Board of Directors are ultimately responsible for all disciplinary actions within Boone Community School District, the following lines of authority are designated for each specific type of disciplinary action [BCSD 301.3]: A. Authority to issue verbal warnings and written warnings is delegated to those administrators and supervisors directly responsible for planning, directing and supervising the work of others. B. Authority to issue official reprimands, suspensions and discharges will remain with the superintendent and/or the Board of Directors. ROLES & RESPONSIBILITIES Each administrator or supervisor should be aware of all disciplinary guidelines and regulations, including those involving actions outside of his/her scope of authority to execute. Cases involving less serious violations of the EEQP will typically be managed by the employee s direct administrator or supervisor; however, cases involving more serious violations of the EEQP must be managed by, or referred to, the superintendent or Board of Directors. Direct and indirect responsibilities pertaining to employee discipline within the district include the following [IA Code 8A.401 et seq., 17A.1 et seq., 19.1 et seq., 20.1 et seq., 21.1 et seq., 22.1 et seq., 28E.1 et seq., 63A.1 et seq., 68B.1 et seq., et seq., et seq., et seq., et seq., et seq., et seq.; et seq.; et seq., 284A.1 et seq., et seq. and et seq.; IAC et seq., et seq., et seq., et seq.; BCSD 100 et seq., 200 et seq., 300 et seq., 400 et seq., 500 et seq., 600 et seq., 700 et seq., 800 et seq. and 900 et seq.; BEA 1.1 et seq.; UE 1A et seq.]: A. The Board of Directors and/or the superintendent are responsible for: 1. Making regulations and other conditions of employment known to all employees. 2. Maintaining equity in the application of disciplinary policies and procedures. 3. Ensuring that disciplinary actions are taken in accordance with applicable federal law, state statute and district policy. 4. Conducting technical reviews of all proposals for suspension and discharge. 5. Making final decisions in cases involving suspensions or discharges in accordance with state statute. 6. Assuring that all decisions are reviewed and decided objectively. 7. Participating in grievance or appeal proceedings as necessary. B. The superintendent s district-level designee(s) are responsible for: 1. Communicating all regulations and other conditions of employment to subordinates. 2. Maintaining equity in the application of disciplinary policies and procedures. 9

17 3. Ensuring that grounds for disciplinary action are established prior to initiating investigations or inquiries. 4. Ensuring that investigations or inquiries have sufficiently verified the grounds for disciplinary action. 5. Ensuring that disciplinary actions are taken in accordance with applicable federal law, state statute and district policy. 6. Guiding building or site level administrators and supervisors in the completion and interpretation of disciplinary rubrics to determine appropriate disciplinary actions. 7. Holding building or site level administrators and supervisors accountable for following progressive discipline guidelines when applicable. 8. Making final decisions in cases involving informal discipline for direct subordinates. 9. Making final decisions in cases involving official reprimands referred from the building or site level. 10. Referring recommendations for suspension or discharge up the chain of command. 11. Participating in grievance or appeal proceedings as necessary. 12. Maintaining and evaluating district-level disciplinary data. C. The superintendent s building or site-level designee(s) are responsible for: 1. Communicating all regulations and other conditions of employment to subordinates. 2. Engaging employees in non-disciplinary discussions whenever reasonable and appropriate. 3. Maintaining equity in the application of disciplinary policies and procedures. 4. Ensuring that grounds for disciplinary action are established prior to initiating inquiries. 5. Ensuring that inquiries have sufficiently verified the grounds for disciplinary action. 6. Ensuring that disciplinary actions are taken in accordance with applicable federal law, state statute and district policy. 7. Completing and interpreting disciplinary rubrics to determine appropriate disciplinary actions. 8. Making final decisions in cases involving informal discipline for direct subordinates. 9. Delivering informal employee discipline constructively, individually and in private. 10. Referring recommendations for formal discipline up the chain of command. 11. Participating in grievance or appeal proceedings as necessary. 12. Maintaining and evaluating building or site-level disciplinary data. D. All employees are responsible for: 1. Reading, understanding, abiding by and asking questions about the EEQP. 2. Discharging their assigned professional duties ethically, conscientiously, competently and professionally. 3. Maintaining their personal lives in a manner that avoids potential off-duty EEQP conflicts. 4. Demonstrating conduct consistent with the additional responsibilities for practitioners detailed in the CPCE where applicable [IAC ]. 10

18 EEQP VIOLATIONS The EEQP is not intended by the district to cover every possible type of employee misconduct, and employees must not conclude that disciplinary action cannot arise out of actions or behaviors not specifically mentioned herein. Many of the incidents that constitute grounds for employee discipline combine several forms of related misconduct into one overarching category, thereby making their meanings representative, rather than absolute, in nature. POTENTIAL VIOLATIONS OF POLICY ALONE The following actions and/or behaviors represent grounds for employee discipline within the district based on violations of policy and/or regulation alone: ATTENDANCE, LEAVE OR CONTRACT DAY POLICY VIOLATION Definition: Examples: Attendance, Leave or Contract Day Policy Violation is defined as any lack of compliance with an established policy, routine, procedure or contract provision relating to an employee s time on duty. Examples include, but are not limited to, the following: Logging excessive absences without approval; abusing sick or other leave; arriving late or leaving an assigned duty station early without prior authorization; being absent without approval; or failing to follow proper absence notification procedures. Related alignments include, but may not be limited to, the following: Federal alignment(s): State alignment(s): Fair Labor Standards Act of 1938, As Amended [FLSA; 29 USC 201 et seq.]; Family Medical Leave Act of 1993 [FMLA; 29 USC 2601 and 29 CFR 825]; Uniformed Services Employment and Re-employment Rights Act of 2005 [USERRA; 38 USC 4301 et seq.] IA Code 1C.1 et seq.; 20.7; 20.9; 29A.28; 55.1 et seq.; 70A.25; 85.1 et seq.; 91A.5A; ; ; 279.8; ; ; ; (1)(a); (5); (5); ; ; A BOEE CPCE alignment(s): IAC ; (3); (4); (5) District policy alignment(s): BCSD 101; 102; 104; 201.3; 203.4; 301.2; ; 302.3; ; ; ; ; ; ; ; ; 312.1; 400; 401.9; 402.6; 404R1; 404R2; 404R3; 405.1; 405.5; 407; et seq.; 411.1; 413.3; 413.4; et seq.; 505.1; 601.3; 601.4; Association alignment(s): BEA 8A; 8B; 8C; 8D; 8E; 9A; 9B; 9C; 9D; 9E; 9F; 9G; 9H; 9I; 9J; 9K; 10A; 10B; 10C; 11A; 11B; 12A; 13A; 13B; 14A; 14B; 14C; 14D; 15A; 15B; 16; UE 10A; 10B; 10C; 10D; 11; 12; 13A; 13B; 13C; 13D; 13E; 13F; 13G; 13H; 13I; 13J Initial case management responsibility: BUILDING OR SITE LEVEL 11

19 ATTENDANCE, LEAVE OR CONTRACT DAY POLICY VIOLATION Mandatory reporting requirement: Classification: NO MINOR Disciplinary options: Disciplinary Options: Attendance, Leave or Contract Day Policy Violation Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Verbal warning Written warning Official reprimand Suspension Relatively Equal Written warning Official reprimand Suspension Discharge Mostly Aggravating Official reprimand Suspension Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. These grounds exclude time approved in accordance with federal law, state statute or district policy. 3. Tardiness is defined as reporting to work after the required start time regardless of employee classification. 4. Each regularly employed school employee shall be granted two (2) days of leave each school year without loss of pay for personal reasons. If an Employee does not use the personal leave day during the year, the unused day will be added to the Employee's personal leave for the succeeding year. A total of four (4) personal leave days may be accumulated. Employees shall apply for personal leave at least five (5) work days in advance, except in cases of emergency. An Employee granted personal leave on a day of parent-teacher conferences or of Open House shall be expected to attend parent-teacher conferences or Open House outside of the normal work day. Personal leave may be denied by the Principal if there is a lack of substitutes or for other unusual circumstances. The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the personal leave of such employees will be followed. 5. For absences in excess of days earned for the current school year, the employee must provide a written statement concerning reason(s) for absence 6. Sick leave for any length of time may require a doctor's certificate; in any case, a doctor's certificate must be presented whenever sick leave is requested for any more than five (5) days. 7. See also IAC For additional information and examples, consult your direct supervisor or HR. 12

20 BREACH OF CHAIN OF COMMAND PROTOCOL Definition: Examples: Breach of Chain of Command Protocol is defined as the unauthorized or improper conveyance of an issue or concern to a district authority above the level of an employee s immediate supervisor. Examples include, but are not limited to, the following: Bringing a problem to the a district level supervisor that could have been directly addressed at the building or site level or encouraging others to do so; failing to follow established grievance channels; or requesting that a higher level supervisor overrule an operational decision by a lower level supervisor that was within his or her scope of authority to make. Related alignments include, but may not be limited to, the following: Federal alignment(s): 29 USC 660 State alignment(s): IA Code 8A.415; 20.7; 20.9; 20.18; 279.8; BOEE CPCE alignment(s): IAC ; (6) District policy alignment(s): BCSD 101; 102; 103; 103.E2; 103.E3; 103.R1; 201.3; 203.4; ; 300.2; 301.2; 302.3; 312.1; 315; 400; 402.5; 404R1; 404R2; 405.1; 407; 411.1; 413.3; 413.4; et seq.; Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: BEA 2A et seq.; UE 2A et seq. DISTRICT LEVEL NO 13

21 BREACH OF CHAIN OF COMMAND PROTOCOL Classification: MODERATE Disciplinary options: Disciplinary Options: Breach of Chain of Command Protocol Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Written warning Official reprimand Suspension Discharge Relatively Equal Official reprimand Suspension Discharge Discharge Mostly Aggravating Suspension Discharge Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. As a general rule, an issue or concern must be shared first with the employee s immediate supervisor. 3. In a situation in which there may be justification to breach protocol with an immediate supervisor, the issue or concern must be brought to the attention of the next level supervisor in writing along with the reason for the breach. 4. If the issue or concern involves a potential civil rights or criminal violation, authorization is granted to breach protocol and go directly to the superintendent or his/her designee. 5. For additional information and examples, consult your direct supervisor or HR. 14

22 DISHONESTY/FALSIFICATION OF/FAILURE TO ACCURATELY PROVIDE INFORMATION (NON-CRIMINAL) Definition: Examples: Dishonesty/Falsification of/failure to Accurately Provide Information (Non-criminal) is defined as any lack of truthfulness, deception, or written act of dishonesty that is a matter of interest to the district only. Examples include, but are not limited to the following: Engaging in an act of commission (e.g., the misrepresentation of facts, such as the reporting of an uncompleted task as completed); engaging in an act of omission (e.g., the failure to relate all pertinent details to a supervisor, such as giving an incomplete account of an event or incident); misrepresenting one s professional qualifications; falsifying documentation related to the completion of in-service or continuing education credit hours; making a non-disqualifying false statement on an application for employment; writing a recommendation for employment, promotion, admission or scholarship known to contain incorrect information; including false information in the written performance evaluation of an employee; knowingly assigning an improper grade to a student; filing an inaccurate report in error; or accounting for the receipt, deposit or disbursal of funds in a manner prohibited by policy. Related alignments include, but may not be limited to, the following: Federal alignment(s): State alignment(s): NONE IA Code 8A.111; 8A.502; 8A.503; 8A.506; 8A.507; 8A.508; 20.7; 256F.10; ; 279.7A; 279.8; ; ; ; ; ; ; ; ; 283.1; 283.A.5; 294.4; 294.5; 298A.1 et seq.; BOEE CPCE alignment(s): IAC ; (1)(a); (6); (6); (12) District policy alignment(s): BCSD 101; 102; 104; 201.3; 203.4; 203.9; 301.2; 302.3; 312.1; 400; 401.3; 401.4; 401.7; ; 402.4; 404R1; 404R2; 405.1; 405.2E1; 407; 411.1; 413.3; 413.4; 606.2; 606.3; et seq.; 701.2; 701.3; 701.4; et seq.; 702.1; 703.1; 703.2; 704.1; 704.2; 704.3; 704.4; 704.5; et seq.; 705.2; 705.3; 707.1; 707.2; 707.3; 707.4; 707.5; 708; 801.5; et seq. Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: BEA 14A et seq. DISTRICT LEVEL NO 15

23 DISHONESTY/FALSIFICATION OF/FAILURE TO ACCURATELY PROVIDE INFORMATION (NON-CRIMINAL) Classification: MODERATE Disciplinary options: Disciplinary Options: Dishonesty (Non-criminal) Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Written warning Official reprimand Suspension Discharge Relatively Equal Official reprimand Suspension Discharge Discharge Mostly Aggravating Suspension Discharge Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. Some acts may represent violations of criminal law or civil statute and are addressed elsewhere in the EEQP. 3. For additional information and examples, consult your direct supervisor or HR. 16

24 INADEQUATE PREPARATION FOR EMPLOYEE JOB RESPONSIBILITIES Definition: Examples: Inadequate Preparation for Employee Job Responsibilities is defined as substandard and/or inconsistent use of required skills or resources to fulfill one or more established job responsibilities. Examples include, but are not limited to the following: Failing to prepare for the optimal execution of job responsibilities as assigned; remaining unwilling/unable to plan for the optimization of allotted time; failing to plan for and provide adequate direction during an absence; remaining unwilling/unable to use equipment or resources appropriately; or failing to complete required state training programs related to licensure, job assignment, or condition of employment within the state and/or district specified time frames. Related alignments include, but may not be limited to, the following: Federal alignment(s): 20 USC 703 State alignment(s): IA Code 20.7; 20.9; 256.7; ; ; 256A.3; 256A.4; 256C.3; 256F.8; 256G.1; 257B.1 et seq.; 258.4; ; 272.2; 272.9A; ; ; 272A.1; 273.2(5)(a); 273.4(1); 273.5; (2); 279.8; ; ; et seq.; ; B; ; A; ; ; ; et seq.; 284A.1 et seq. BOEE CPCE alignment(s): IAC ; (6); (8); (1) District policy alignment(s): BCSD 101; 102; 104; 201.3; 203.4; 300; 300.1; 301.1; 301.2; 301.3; 301.4; ; 301.5; 301.5R; 302.1; 302.2; 302.3; 303.1, 303.2; 303.3; ; 303.4; 304.1; 304.2; ; 304.3; 305.1; 305.2; 305.3; ; 305.4; 306.1; 306.2; ; 306.3; 306.4; 306.5; ; 306.6; 307.1; 307.2; ; 307.3; 308.1; 308.2; ; 308.3; 309.1; 309.2; ; 309.3; 310.1; 310.2; ; 310.3; 312.1; 400; 404R1; 404R2; 404R3; 405.1; 405.2; 405.2E1; 405.7; 407; 408.1; 410.3; 411.1; 411.2; 411.4; 411.5; 411.6; 411.7; 413.3; 413.4; et seq.; et seq.; et seq.; 600; 601.1; et seq.; 602.2; Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: BEA 5A; 14A et seq.; UE 5A et seq.; 6A et seq. BUILDING OR SITE LEVEL NO 17

25 INADEQUATE PREPARATION FOR EMPLOYEE JOB RESPONSIBILITIES Classification: MINOR Disciplinary options: Disciplinary Options: Inadequate Preparation for Employee Job Responsibilities Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Verbal warning Written warning Official reprimand Suspension Relatively Equal Written warning Official reprimand Suspension Discharge Mostly Aggravating Official reprimand Suspension Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. See also IAC et seq., ; et seq., et seq., et seq., et seq. and et seq. 3. For additional information and examples, consult your direct supervisor or HR. 18

26 INADEQUATE SUPERVISION OF STAFF Definition: Examples: Inadequate Supervision of Staff is defined as either the neglect of assigned supervisory responsibilities or the failure to provide proper monitoring, guidance, oversight or direction to subordinates during the school/work day, during an assigned duty or during a district-sponsored event/activity. Examples include, but are not limited to the following: Failing to properly orient new employees to their work environments; failing to ensure that subordinates are provided sufficient opportunities to demonstrate the skills needed to perform their job duties as required; or neglecting performance evaluation responsibilities. Related alignments include, but may not be limited to, the following: Federal alignment(s): NONE State alignment(s): IA Code 20.7; 88.1 et seq.; 256.7; ; 279.8; ; ; ; ; ; 284.8; 284.9; ; 284A.5 BOEE CPCE alignment(s): IAC ; (6); (8); (3); (4); (8); (15) District policy alignment(s): BCSD 101; 102; 104; 201.3; 203.4; 300.1; 301.2; 301.3; 301.4; 302.1; 302.3; 303.2; 303.3; 304.1; 304.2; 305.2; 305.3; 306.1; 306.2; 306.4; 306.5; 307.1; 307.2; 308.1; 308.2; 309.1; 309.2; 310.1; 310.2; 312.1; 400; 404R1; 404R2; 405.1; 407; 410.3; 411.1; 413.3; 413.4; et seq. Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: NONE BUILDING OR SITE LEVEL NO 19

27 INADEQUATE SUPERVISION OF STAFF Classification: MINOR Disciplinary options: Disciplinary Options: Inadequate Supervision of Employees Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Verbal warning Written warning Official reprimand Suspension Relatively Equal Written warning Official reprimand Suspension Discharge Mostly Aggravating Official reprimand Suspension Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. For additional information and examples, consult your direct supervisor or HR. 20

28 INADEQUATE SUPERVISION OF STUDENTS Definition: Examples: Inadequate Supervision of Students is defined as either the neglect of assigned student supervisory responsibilities or the failure to provide proper monitoring, guidance, oversight or direction to students before, during or after the school/work day, an assigned duty or a district-sponsored event/activity. Examples include, but are not limited to the following: Leaving students unsupervised during school related activities: (e.g., a field trip; before or after school or during recess; placing students in a hallway during instructional time without oversight; engaging in actions or behaviors on assigned duty which distract from supervision responsibilities; or failing to monitor a register line during cafeteria duty). Related alignments include, but may not be limited to, the following: Federal alignment(s): NONE State alignment(s): IA Code 20.7; ; 256I.8; ; ; 279.8; ; ; ; ; ; ; B; ; ; ; ; ; et seq. BOEE CPCE alignment(s): IAC ; (6); (8); (3); (4); (11) District policy alignment(s): BCSD 101; 102; 104; 201.3; 203.4; 301.2; 302.3; 312.1; 400; 404R1; 404R2; 405.1; 407; 411.1; 413.3; 413.4; 415.2; 501.8; ; et seq.; 502.2; et seq.; et seq.; et seq.; et seq.; 503.6; 504.1; 504.2; et seq.; 504.4; 504.5; 504.6; 504.7; 504.8; et seq.; 507.5; 507.6; 508.4; ; et seq.; 604.8; 605.6; 606.2; 606.3; et seq.; 711.2; 711.3; 711.4; 711.5; et seq. Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: UE 10G BUILDING OR SITE LEVEL NO 21

29 INADEQUATE SUPERVISION OF STUDENTS Classification: MINOR Disciplinary options: Disciplinary Options: Inadequate Supervision of Students Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Verbal warning Written warning Official reprimand Suspension Relatively Equal Written warning Official reprimand Suspension Discharge Mostly Aggravating Official reprimand Suspension Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. For additional information and examples, consult your direct supervisor or HR. 22

30 INAPPROPRIATE, ABUSIVE OR OFFENSIVE CONDUCT (NON-CRIMINAL) Definition: Examples: Inappropriate, Abusive or Offensive Conduct (Non-criminal) is defined as any act which interferes with the personal rights of employees, students, others or the legitimate interests of the district that is a matter of interest to the district only. Examples include, but are not limited to, the following: Engaging in conduct directed toward supervisors, employees or students that is improper for the circumstances in which it occurs; engaging in discourteous, derisive or disruptive action(s),language, or behavior(s); engaging in an act of retaliation not prohibited by law; or failing to follow established operational procedures. Related alignments include, but may not be limited to, the following: Federal alignment(s): State alignment(s): 20 USC 1232h (a) IA Code 8A.207; 8A.324; 8A.416; 11.1 et seq.; 12.62; 12B.1 et seq.; 12C.1 et seq.; 20.7; 20.9; 20.10; 22.1 et seq.; 24.1 et seq.; 28E.1 et seq.; 70.1 et seq.; 74.1 et seq.; 76.1 et seq.; 88.1 et seq.; 89B.1 et seq.; ; et seq.; et seq.; 139A.1 et seq.; 141A.1 et seq.; et seq.; 256A.3; 256A.4; 256B.1 et seq.; 256C.3; 256D.1 et seq.; 256F.8; 256H.1; 256I.8; et seq.; 257B.1 et seq.; 273.5; 274.1; et seq.; 278.1; 279.8; 279.8A; 279.9B; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; 280.3; 280.5; 280.9; 280.9A; ; ; ; ; B; C; ; ; ; A; ; ; B; ; et seq.; 283.1; 283.A.1; 283.A.8; et seq.; 294.4; 297.9; ; ; et seq.; 298A.1 et seq.; et seq.; 299.1A et seq.; et seq.; ; et seq.; et seq.01; et seq.; BOEE CPCE alignment(s): IAC ; (5); (6); (8); (2); (3); (4); (5); (6); (8); (9); (11); (13); (14); (15) District policy alignment(s): BCSD 101; 102; 104; 201.3; 203.4; 301.2; 302.3; 312.1; 400; 401.6; 401.7; ; et seq.; 403.1; 403.2; et seq.; 403.4; 404R1; 404R2; 404R3; 405.2E1; 405.1; 405.6; 407; 411.1; 411.5; 413.3; 413.4; 500.3; 501.1; 501.2; 501.3; 501.4; 501.5; 501.6; 501.6R1; 501.7; 501.8; 501.9; 501.9R1; ; ; ; ; ; ; et seq.; et seq.; et seq.; 503.2; et seq.; et seq.; 503.6; INAPPROPRIATE, ABUSIVE OR OFFENSIVE CONDUCT 23

31 503.7 et seq.; 504.3; 504.6; 504.7; 504.8; 505.1; 505.2; 505.3; 505.4; et seq.; 505.6; 505.7; 505.8; et seq.; et seq.; 507.5; 507.6; 508.2; 508.4; 600; 601.1; 601.5; et seq.; 602.2; 602.3; 602.4; 602.5; 602.6; 602.7; 603.1; 603.2; 603.3; et seq.; 603.6; 603.7; 603.8; 603.9; ; ; et seq.; 604.6; 604.8; et seq.; 605.2; et seq.; 605.4; 605.5; 605.6; et seq.; 606.2; 606.3; 607.1; et seq.; 701.2; 701.3; 701.4; et seq.; 702; 702.1; 703.1; 703.2; 704.1; 704.2; 704.3; 704.4; 704.5; et seq.; 705.2; 705.3; 705.4; 707.2; 707.3; 707.4; 707.5; 708; 709; 710.2; 10.3; et seq.; 711.2; 711.3; 711.4; 711.5; et seq.; 711.7; 711.8; et seq.; et seq.; 801.5; 802.1; 802.3; 802.7; 803.1; et seq.; 804.2; 804.3; 804.4; 804.5; 804.6; 902.1; 902.2; 902.3; 902.4; 903.1; 903.2; 903.3; et seq.; et seq.; 904.2; 904.3; et seq.; 905.2; 905.3; Association alignment(s): BEA 3A; 6A et seq.; 14A et seq.; 15A; 15B.; 17A; 17B; 23; UE 4A; 4B; 4C; 8A et seq.; 10D; 13I; 14C Initial case management responsibility: Mandatory reporting requirement: Classification: DISTRICT LEVEL NO MODERATE Disciplinary options: Disciplinary Options: Inappropriate, Abusive or Offensive Conduct (Non-criminal) Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Written warning Official reprimand Suspension Discharge Relatively Equal Official reprimand Suspension Discharge Discharge Mostly Aggravating Suspension Discharge Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. Some acts may represent violations of criminal law or civil statute and are addressed elsewhere in the EEQP. 3. See also IAC et seq., , , et seq. and et seq. 4. For additional information and examples, consult your direct supervisor or HR. 24

32 INAPPROPRIATE USE OF TECHNOLOGY RESOURCES Definition: Examples: Inappropriate Use of Technology Resources is defined as any deviation from the district s Electronic Information Services (EIS) guidelines and procedures that is a matter of interest to the district only. Examples include, but are not limited to, the following: Using district technology resources inappropriately; providing authentication data to unauthorized parties (e.g., giving a student the password to a computer or program); accessing restricted online activities or sites during the work day; accessing or displaying obscene materials, content or information; failing to monitor student use of technology or failing to limit student access to the internet as required; and compromising network security either intentionally or through neglect. Related alignments include, but may not be limited to, the following: Federal alignment(s): Communications Act of 1934; Family Educational Rights and Privacy Act of 1974 [FERPA; 20 USC 1232g]; 20 USC 9134; Children s Online Privacy Protection Act of 1998 [COPPA; 15 USC 6501 et seq.]; Children s Internet Protection Act of 2000 [47 USC 254; FCC Order ] State alignment(s): IA Code 8A.202; 8A.206; 20.7; 20.9; 256.7; 279.8; ; ; ; ; 301.1; BOEE CPCE alignment(s): IAC ; (6); (8); (3); (4); (5) District policy alignment(s): BCSD 101; 102; 104; 201.3; 203.4; 301.2; 302.3; 312.1; 400; 404R1; 404R2; 404.1; 405.1; 407; 411.1; 413.3; 413.4; et seq.; ; 605.4; 605.5; et seq.; Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: NONE BUILDING OR SITE LEVEL NO 25

33 INAPPROPRIATE USE OF TECHNOLOGY RESOURCES Classification: MINOR Disciplinary options: Disciplinary Options: Inappropriate Use of Technology Resources Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Verbal warning Written warning Official reprimand Suspension Relatively Equal Written warning Official reprimand Suspension Discharge Mostly Aggravating Official reprimand Suspension Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. Some acts may represent violations of criminal law or civil statute and are addressed elsewhere in the EEQP. 3. Although personal use of district technology resources is permitted, employees have no expectation of privacy when using workspaces, computers, phone systems, or other communication vehicles that may be used to create, access, transmit or store information. 4. See also IAC et seq. 5. For additional information and examples, consult the Boone Community School District Acceptable Use Policy (AUP) [(BCSD and et seq.], your direct supervisor or HR. 26

34 INSUBORDINATION Definition: Examples: Insubordination is defined as any refusal to comply with a legitimate directive issued by a recognized source of authority which the employee had both the knowledge of and the capacity to carry out. Examples include, but are not limited to, the following: Refusing to complete a reasonably assigned task; acting in opposition to or in defiance of an established authority; failing or refusing to recognize or submit to an established authority to which the employee is subordinate; disobeying an established authority; defying an established authority; or being involved in a revolt against established authority. Related alignments include, but may not be limited to, the following: Federal alignment(s): NONE State alignment(s): IA Code 20.7; 279.8; BOEE CPCE alignment(s): IAC ; (6); (8) District policy alignment(s): BCSD 101; 102; 104; 201.3; 203.4; 301.2; 302.3; 312.1; 400; 404R1; 404R2; 405.1; 407; 411.1; 413.3; 413.4; Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: NONE DISTRICT LEVEL NO 27

35 INSUBORDINATION Classification: MINOR Disciplinary options: Disciplinary Options: Insubordination Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Verbal warning Written warning Official reprimand Suspension Relatively Equal Written warning Official reprimand Suspension Discharge Mostly Aggravating Official reprimand Suspension Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. For additional information and examples, consult your direct supervisor or HR. 28

36 LACK OF TEAMWORK Definition: Examples: Lack of Teamwork is defined as the refusal to work with or cooperate with designated or assigned team(s) or individuals in a professional manner. Examples include, but are not limited to, the following: Refusing to share resources as appropriate with team members; failing to engage in planning activities with other team members to ensure equal access; refusing to cooperate with others to share instructional strategies; failing to attend team meetings without supervisor authorization unless a student safety issue is occurring; or refusing to offer assistance to substitutes as needed and/or requested. Related alignments include, but may not be limited to, the following: Federal alignment(s): NONE State alignment(s): IA Code 20.7; 256.7; 279.8; 280.3; ; BOEE CPCE alignment(s): IAC ; (3); (4); (5); (8) District policy alignment(s): BCSD 101; 102; 104; 201.3; 203.4; 301.2; 302.3; 312.1; 400; 404R1; 404R2; 404R3; 405.1; 407; 411.1; 413.3; 413.4; 600; 601.1; et seq.; 602.4; 602.5; 603.3; 607.1; Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: NONE BUILDING OR SITE LEVEL NO 29

37 LACK OF TEAMWORK Classification: MINOR Disciplinary options: Disciplinary Options: Lack of Teamwork Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Verbal warning Written warning Official reprimand Suspension Relatively Equal Written warning Official reprimand Suspension Discharge Mostly Aggravating Official reprimand Suspension Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. For additional information and examples, consult your direct supervisor or HR. 30

38 OFF-DUTY MISCONDUCT Definition: Examples: Off-Duty Misconduct is defined as any act occurring either off district property or before or after the school/work day or district-sponsored events/activities that impacts the ability of an employee to perform his or her job duties, undermines the legitimate interests of the district or creates a disruption of district operations that is a matter of interest to the district only. Examples include, but are not limited to the following: Accepting part-time employment that creates a conflict of interest for the employee; selling or publishing works containing the intellectual property of the district without prior written approval; engaging in outside activities that create undue notoriety for the district; speaking on behalf of the district without authorization; misrepresenting the district in person, in print, on websites; or posting information on social media (e.g., Facebook or Twitter ) that disrupts the district, interferes with district goals or unduly harms the reputation of the district. Related alignments include, but may not be limited to, the following: Federal alignment(s): NONE State alignment(s): IA Code 20.7; 20.9; 279.8; BOEE CPCE alignment(s): IAC ; (6); (3); (4); (6); (8) District policy alignment(s): BCSD 101; 102; 104; 201.3; 203.4; 301.2; 302.3; 312.1; 400; 401.9; 404R1; 404R2; 404.1; 405.1; 408.2; 408.3; 407; 411.1; 413.3; 413.4; et seq.; 904.2; Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: BEA 15A et seq.; UE 13I DISTRICT LEVEL NO 31

39 OFF-DUTY MISCONDUCT Classification: MODERATE Disciplinary options: Disciplinary Options: Off-Duty Misconduct Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Written warning Official reprimand Suspension Discharge Relatively Equal Official reprimand Suspension Discharge Discharge Mostly Aggravating Suspension Discharge Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. Some acts may represent violations of criminal law or civil statute and are addressed elsewhere in the EEQP. 3. While the district does not wish to become involved in the personal lives of employees, disciplinary action may result when a rational nexus can be established between the incident and the alleged outcomes referenced in the definition for this EEQP violation. 4. The district is the sole owner of all intellectual property created through the use of its resources or facilities developed within the scope of employment. For additional information and examples, consult the Boone Community School District Intellectual Property Policy (IPP) [BCSD 408.2]. 5. For additional information and examples, consult your direct supervisor or HR. 32

40 TOBACCO POLICY VIOLATION Definition: Examples: Tobacco Policy Violation is defined as any act which violates a federal, state and/or district Tobacco Free Schools policy. Examples include, but are not limited to the following: Using cigarettes, cigars, pipes, snuff, chewing tobacco or other tobacco products either outside of permitted zone(s) and/or timeframes; using tobacco products in sight of students; or using tobacco products in district-owned vehicles. Related alignments include, but may not be limited to, the following: Federal alignment(s): State alignment(s): Pro-Children Acts of 1994 [20 USC 6081; Public Law ] and 2001 [20 USC 7181; Public Law ]; 20 USC 7161; 20 USC 7184 IA Code 20.7; 142A.1 et seq.; 142D.1 et seq.; 279.8; 279.9; BOEE CPCE alignment(s): IAC ; (6) District policy alignment(s): BCSD 101; 102; 201.3; 203.4; 301.2; 302.3; 312.1; 400; 404R1; 404R2; 405.1; 407; 411.1; 413.3; 413.4; et seq.; et seq.; Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: NONE BUILDING OR SITE LEVEL YES 33

41 TOBACCO POLICY VIOLATION Classification: MINOR Disciplinary options: Disciplinary Options: Tobacco Policy Violation Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Verbal warning Written warning Official reprimand Suspension Relatively Equal Written warning Official reprimand Suspension Discharge Mostly Aggravating Official reprimand Suspension Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. Smoking is prohibited and a person shall not smoke in any of the following: 1). Public places [IA Code 142D.3(1)(a)]; 2). All enclosed areas within places of employment including but not limited to work areas, private offices, conference and meeting rooms, classrooms, auditoriums, employee lounges and cafeterias, hallways, medical facilities, restrooms, elevators, stairways and stairwells, and vehicles owned, leased, or provided by the employer unless otherwise provided under IA Code 142D.3 [IA Code 142D.3(1)(b); BCSD 905.5]; 3). The seating areas of outdoor sports arenas, stadiums, amphitheaters, and other entertainment venues where members of the general public assemble to witness entertainment events [IA Code 142D.3(2)(a); BCSD 905.5]; 4). School grounds, including parking lots, athletic fields, playgrounds, tennis courts, and any other outdoor area under the control of a public or private educational facility, including inside any vehicle located on such school grounds [IA Code 142D.3(2)(d); BCSD 905.5]; or 5). The grounds of any public buildings owned, leased, or operated by or under the control of the state government or its political subdivisions [IA Code 142D.3(2)(e); BCSD 905.5]. 3. Some acts may represent violations of civil statute and are addressed elsewhere in the EEQP. 4. For additional information and examples, consult your direct supervisor or HR. 34

42 OTHER POLICY VIOLATION Definition: Examples: Other Policy Violation is defined as any incident involving a failure to adhere to a policy, rule or procedure of the district not specified elsewhere in this section of the EEQP that is a matter of interest to the district only. Examples include, but are not limited to, the following: Engaging in action(s) or behavior(s) that violate a policy or administrative procedure ratified by the Board of Directors; or engaging in action(s) or behavior(s) that violate a regulatory directive of the superintendent or his/her designee of which the employee has been made duly aware. Related alignments include, but may not be limited to, the following: Federal alignment(s): State alignment(s): BOEE CPCE alignment(s): Includes all federal level policies and regulations not otherwise specified Includes IA Code 20.7, 279.8, and all state level policy and regulations not otherwise specified VARIABLE District policy alignment(s): Includes BCSD 101, 102, 104, 201.3, 203.4, 301.2, 302.3, 312.1, 400, 404R1, 404R2, 405.1, 407, 411.1, 413.3, and all district level policies and regulations not otherwise specified Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: VARIABLE BUILDING OR SITE LEVEL NO 35

43 OTHER POLICY VIOLATION Classification: MINOR Disciplinary options: Disciplinary Options: Other Policy Violation Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Verbal warning Written warning Official reprimand Suspension Relatively Equal Written warning Official reprimand Suspension Discharge Mostly Aggravating Official reprimand Suspension Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. Some acts may represent violations of criminal law or civil statute and are addressed elsewhere in the EEQP. 3. For additional information and examples, consult your direct supervisor or HR. 36

44 POTENTIAL VIOLATIONS OF CIVIL STATUTE The following actions and/or behaviors represent grounds for employee discipline within the district based on violations of policy that may also involve violations of federal, state or local civil statute: BREACH OF CONFIDENTIALITY Definition: Examples: Breach of Confidentiality is defined as the inappropriate access, use, disclosure, misuse, failure to protect or disposition of private, confidential, restricted, secure or proprietary information, data or records that may be a matter of interest to an outside agency. Examples include, but are not limited to, the following: Compromising financial, payroll, personnel, student or health records; disclosing identifiable educational data or other information under FERPA, IDEA or HIPAA in an improper manner; accessing or using information contained within an Individualized Education Plan (IEP) or Section 504 Plan or other confidential record without a need to know ; disclosing district operational information without proper authorization; assisting unauthorized users to gain access of secure information; leaving confidential information unattended in a non-secure area; removing sensitive data from the district physically or electronically regardless of purpose or stated intent; disposing of protected information in a manner contrary to established policy; or disclosing personally identifiable information about a student on social media. Related alignments include, but may not be limited to, the following: Federal alignment(s): Section 504 of the Rehabilitation Act of 1973; Family Education Rights Privacy Act of 1974 [FERPA; 20 USC 1232g; 34 CFR 99 et seq.]; Individuals with Disabilities Education Act of 1997 and 2004 [IDEA;20 USC 1400 et seq.; 34 CFR et seq.; Public Law ]; Health Insurance Portability and Accountability Act of 1996 [HIPAA; 45 CFR 160 and 164]; Healthy, Hunger-Free Kids Act of 2010 [Reauthorization of the Child Nutrition Act of 1966; Public Law ]; 20 USC 1232f and h (b); 20 USC 6311et seq.; 20 USC 7908; 42 USC State alignment(s): IA Code 8A.456; 8A.457; 20.3; 20.7; 20.9; 21.9; 22.7; 85.1 et seq.; 85A.1 et seq.; 85B.1 et seq.; 86.1 et seq.; 87.1 et seq.; 88.1 et seq.; 91B.1 et seq.; 97B.17; 100A.3; et seq.; et seq.; 139A.1 et seq.; 141A.1 et seq.; 216A.1 et seq.; 216B.1 et seq.; 216C.1 et seq.; ; 220A.1 et seq.; et seq.; 225B.1 et seq.; 225C.1 et seq et seq.; et seq.; 230A.1 et seq.; et seq.; ; 256A.3; 256A.4; 256B.1 et seq.; 256D.1; 256H.1; 256I.4; ; 274.1; 279.8; 279.9A; ; ; ; ; 280.4; 280.7; 280.7A; 280.8; ; ; ; A; ; ; ; ; 282.3; 282.4; 282.9; ; ; ; ; ; ; 283.A.1; 283.A.2; 283.A.5; 299.5; 299.7; ; ; 299A.9; et seq.; ; 692A.1 et seq.; 729.6; IAC et seq. BOEE CPCE alignment(s): IAC ; (6); (9) 37

45 BREACH OF CONFIDENTIALITY District policy alignment(s): BCSD 101; 102; 103.E4; 104; 201.3; 203.4; 301.2; 302.3; 312.1; 400; 401.5; 401.5R1; 402.1; 403.1; 403.2; et seq.; et seq.; 403.6; et seq., 404.R1 et seq.; 405.2E1; et seq.; 407; 407.4; et seq.; 411.1; 411.2; 411.7; et seq.; 413.3; 413.4; 500.1; 500.2; 501.8; ; ; ; et seq.; 503.2; et seq.; et seq.; 505.1; 505.4; 505.8; et seq.; et seq.; 506.3; 506.4; 507.1; 507.2; et seq., et seq.; 507.7; 507.8; et seq.; ; 603.3; et seq.; ; 604.1; 604.2; 604.3; 604.4; 604.5; 606.2; 606.3; 607.2; 701.3; 708; 709; 710.1; 710.2; 711.2R2; 901; 902.1; 902.2; 902.3; Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: Classification: BEA 17A; 17B; 18A; 18B; 18C; 18D; 18E; UE 4C; 15A et seq. DISTRICT LEVEL YES MODERATE Disciplinary options: Disciplinary Options: Breach of Confidentiality Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Written warning Official reprimand Suspension Discharge Relatively Equal Official reprimand Suspension Discharge Discharge Mostly Aggravating Suspension Discharge Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. All incidents potentially involving these grounds must be reported to HR. 3. The lack of an actionable civil complaint or outside agency interest is not a factor for establishing or verifying this EEQP violation. 4. In accordance with IDEA Part B, all persons collecting or using personally identifiable information must receive training or instruction regarding state confidentiality policies and procedures under IDEA Part B and FERPA. Additionally, the district must maintain, for public inspection, a current listing of the names and positions of employees who may have access to personally identifiable information [34 CFR ]. 5. See also IAC et seq., et seq., et seq., et seq., et seq., et seq. and et seq. 6. For additional information and examples, consult your direct supervisor or HR. 38

46 DISCRIMINATION Definition: Examples: Discrimination is defined as the prejudicial treatment of an individual or a group differently than others based on perceived categories such as race, national origin, gender, gender identity, age, religion, socioeconomic status, sexual orientation, disability or other basis in federal, state or local statute that may be a matter of interest to an outside agency. Examples include, but are not limited to, the following: Making comments referencing race or national origin; seeking discharge of an employee based solely on his or her age; excluding student subgroups from opportunities available to other students; condoning the race-based intimidation of a student either explicitly or implicitly; harassing coworkers who practice a common faith; denying promotion opportunities to a subordinate on the basis of his or her disability; or disparaging a student based on his or her real or perceived sexual orientation. Related alignments include, but may not be limited to, the following: Federal alignment(s): State alignment(s): Amendment XIV of the U.S. Constitution; Equal Pay Act of 1963 [29 USC 206(d)]; Title VI of the Civil Rights Act of 1964 [42 USC 2000d]; Title VII of the Equal Employment Opportunity Act of 1964 [42 USC 2000e et seq.]; Age Discrimination in Employment Act of 1967 [ADEA; 29 USC 621 et seq.]; Title IX of the Education Amendments of 1972 [20 USC 1681 et seq.]; Sections 501 through 505 of the Rehabilitation Act of 1973 [29 USC 720 et seq.; Public Law ]; Pregnancy Discrimination Act of 1978; Immigration Reform and Control Act of 1986 [IRCA; 8 USC 1324(a) et seq.; Public Law ]; McKinney-Vento Homeless Assistance Act of 1987 [42 USC et seq.; Public Law ]; Americans with Disabilities Act of 1990 [ADA; 42 USC et seq.]; Individuals with Disabilities Education Act of 1997 and 2004 [IDEA;20 USC 1400 et seq.; 34 CFR et seq.; Public Law ]; Genetic Information Nondiscrimination Act of 2008 [ADA; Public Law ]; 20 USC 1684; 20 USC 1703; 20 USC 4071; 28 CFR et seq.; 29 CFR 1600; et seq.; 34 CFR et seq. IA Code 8A.416; 19B.11; 20.7; 35C.1 et seq.; 91E.1; et seq.; 216A.1 et seq.; 216B.1 et seq.; 216C.1 et seq.; et seq.; 225B.1 et seq.; 225C.1 et seq et seq.; 230A.1 et seq.; et seq.; ; 256A.3; 256A.4; 256B.1 et seq.; 256H.1; 256I.8; 259.4; 272.6(3); 274.1; 279.8; (2); ; ; 280.3; 280.4; 280.6; 280.8; ; ; ; ; A; ; ; 282.3; 282.4; ; ; ; ; ; ; 283.A.1; ; 299A.9; et seq.; 729.4; 729A.1; 729A.5; IAC et seq. BOEE CPCE alignment(s): IAC ; (6); (3); (4); (5); (7); (8); (11) 39

47 DISCRIMINATION District policy alignment(s): BCSD 101; 102; 103 et seq.; 104; 201.3; 203.4; 301.1; 301.2; 302.3; 312.1; 400; 401.1; 401.2; et seq.; et seq.; et seq.; 404R1; 404R2; 405.1; 405.2; 405.2E1; 407; 411.1; 411.2; 411.7; 413.3; 413.4; 500.1; 500.2; ; ; et seq.; et seq.; 503.2; et seq.; et seq.; 503.7; 504.6; 504.7; 504.8; 505.8; et seq.; et seq.; 602.2; 602.6; 602.7; 603.1; 603.3; 603.4; ; 604.1; 604.2; 604.4; 604.5; 607.2; 710.2; et seq.; 711.2; Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: Classification: NONE DISTRICT LEVEL YES MODERATE Disciplinary options: Disciplinary Options: Discrimination Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Written warning Official reprimand Suspension Discharge Relatively Equal Official reprimand Suspension Discharge Discharge Mostly Aggravating Suspension Discharge Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. All incidents potentially involving these grounds must be reported to HR. 3. The lack of an actionable civil complaint or outside agency interest is not a factor for establishing or verifying this EEQP violation. 4. Evidence of intentionality is not a required factor for verifying this EEQP violation. 5. Evidence of an actual detriment to the affected individual or group is not a required factor for verifying this EEQP violation. 6. See also IAC , et seq., , et seq., et seq., et seq., et seq., et seq., et seq., et seq. and et seq. 7. For additional information and examples, consult your direct supervisor or HR. 40

48 SEXUAL HARASSMENT Definition: Examples: Sexual Harassment is defined as any non-mutual, non-consensual, verbal or non-verbal conduct involving gender or sex that is perceived by the recipient, a third party or a reasonable disinterested person to be so severe and/or pervasive, unwelcome, unsolicited, undesirable, abusive, sexually discriminatory or offensive that may be a matter of interest to an outside agency. Examples include, but are not limited to, the following: Physical actions or behaviors (e.g., unwelcome sexual advances, touching, indecent exposure, sexual contact); verbal actions or behaviors (e.g., unwelcome requests for sexual favors; propositions or pressure for sexual activity; continued suggestions for a date or social activity outside the workplace, unwanted or offensive flirtations, offensive jokes, suggestive remarks, sexual innuendos or double entendres, lewd comments, inquiring about someone s sexual preferences, fantasies or activities, and phone calls after it has been made clear that such actions and/or suggestions are unwelcome); non-verbal actions or behaviors (e.g., the display of pornographic or sexually suggestive images, objects, written materials, s, text-messages or faxes. It includes leering, whistling, sexually suggestive gestures, movements, or facial expressions); gender-specific actions or behaviors (e.g., conduct that denigrates, ridicules, or intimidates another person; conduct that leads to physical abuse of a person because of his or her gender; derogatory or degrading remarks or insults about his or her gender or body); or job-specific actions or behaviors (e.g., explicit or implicit pressure for sexual activity as a condition of hire, continued employment or advancement). Related alignments include, but may not be limited to, the following: Federal alignment(s): Title VI of the Civil Rights Act of 1964 [42 USC 2000d]; Title VII of the Equal Employment Opportunity Act of 1964 [42 USC 2000e et seq.]; Title IX of the Education Amendments of 1972 [20 USC 1681 et seq.]; 29 CFR ; et seq. State alignment(s): IA Code 19B.11; 19B.12; 20.7; A; 256.9; 274.1; 279.8; ; ; ; et seq. BOEE CPCE alignment(s): IAC ; (6); (3); (4); (8) District policy alignment(s): BCSD 101; 102; 103 et seq.; 104; 201.3; 203.4; 301.2; 302.3; 312.1; 400; 401.1; 401.2; et seq.; et seq.; 404R1; 404R2; 405.1; 407; 411.1; 413.3; 413.4; et seq.; et seq. Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: NONE DISTRICT LEVEL YES 41

49 SEXUAL HARASSMENT Classification: MODERATE Disciplinary options: Disciplinary Options: Sexual Harassment Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Written warning Official reprimand Suspension Discharge Relatively Equal Official reprimand Suspension Discharge Discharge Mostly Aggravating Suspension Discharge Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. All incidents potentially involving these grounds must be reported to HR. 3. The lack of an actionable civil complaint or outside agency interest is not a factor for establishing or verifying this EEQP violation. 4. Evidence of intentionality is not a required factor for verifying this EEQP violation. 5. Evidence of an actual detriment to the affected individual or group is not a required factor for verifying this EEQP violation. 6. See also IAC For additional information and examples, consult your direct supervisor or HR. 42

50 OTHER POTENTIAL CIVIL VIOLATION Definition: Examples: Other Potential Civil Violation is defined as any incident which negatively impact(s) the work environment, a learning environment or the rights of one or more students, employees or others not specified elsewhere in this section of the EEQP that may be a matter of interest to an outside agency. Examples include, but are not limited to, the following: Creating or contributing to a hostile work or learning environment; harassing a subordinate either verbally or in writing; intimidating or bullying employees, students or others; failing to address student-tostudent harassment, intimidation or bullying situations; engaging in an act of retaliation prohibited under federal, state or local statute; disregarding established search procedures; violating a copyright; or harassing a co-worker or other member of the school community on social media. Related alignments include, but may not be limited to, the following: Federal alignment(s): State alignment(s): Includes Amendments I, IV, V, VI of the U.S. Constitution and all federal level civil violations not otherwise specified Includes IA Code 20.1 et seq., 85.1 et seq., 85A.1 et seq., 85B.1 et seq., 86.1 et seq., 87.1 et seq., 88.1 et seq., 89B.1 et seq., 91.1 et seq., 91A.1 et seq., 91B.1 et seq., 91D.1, 91E.1 et seq., 92.1 et seq., 96.1 et seq., 100D.6, , et seq., 142D.9, et seq., 216A.1 et seq., 216B.1 et seq., 216C.1 et seq., et seq., 225B.1 et seq., 225C.1 et seq et seq., 230A.1 et seq., et seq., et seq., 256A.3, 256A.4, 256B.1 et seq., 256H.1, 256I.4, 259.4, 272.6(3), 256B.9, 273.9(2), 274.1, 279.8, , , , 280.4, 280.6, 280.8, 280.9A, , , , , A, , B, , , , 282.3, 282.4, 282.6, 282.9, , , , , , 283.A.1, , et seq., , 299A.9, 321L.1 et seq., et seq., , 729.1, 729A.1, 729A.5, 805.8C, IAC et seq. and all state level civil violations not otherwise specified BOEE CPCE alignment(s): IAC ; (6); (7); (3); (4); (5); (14) District policy alignment(s): Includes BCSD 101, 102, 103 et seq., 104, 201.3; 203.4, 301.2; 302.3; 312.1, 400, 401.6, et seq., 403.2, 403.1, et seq., 403.4, et seq., 404R1, 404R2, 404.1, 405.1, 407, 411.1, 411.7, 413.3, 413.4, 500.1, 500.2, , , , 502.3, 502.5, et seq., et seq., et seq., et seq., 503.2; et seq., et seq., et seq., 504.2; et seq., 504.7, 504.8, 505.8, et seq., 507.5, et seq., 603.3, et seq., 603.6, 603.8, 603.9, 604.1, 604.2, 604.4, 604.5, 604.6, et seq., 607.2, 706.2, et seq., 710.2, et seq., 711.2, 711.2R2, 802.1, 802.3, 802.5, 804.4, 804.5, 804.6,

51 OTHER POTENTIAL CIVIL VIOLATION et seq., et seq., et seq.; 905.2; and all district level civil violations not otherwise specified Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: Classification: BEA 4A et seq.; 17A; 17B; UE 3; 4A; 4C; 14D DISTRICT LEVEL YES MODERATE Disciplinary options: Disciplinary Options: Other Potential Civil Violation Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Written warning Official reprimand Suspension Discharge Relatively Equal Official reprimand Suspension Discharge Discharge Mostly Aggravating Suspension Discharge Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. All incidents potentially involving these grounds must be reported to HR. 3. The lack of an actionable civil complaint or outside agency interest is not a factor for establishing or verifying this EEQP violation. 4. Evidence of intentionality is not a required factor for verifying this EEQP violation. 5. Evidence of an actual detriment to the affected individual or group is not a required factor for verifying this EEQP violation. 6. See also IAC et seq., et seq., et seq., et seq., et seq., et seq.; et seq. and et seq. 7. For additional information and examples, consult your direct supervisor or HR. 44

52 POTENTIAL VIOLATIONS OF CRIMINAL LAW The following actions and/or behaviors represent grounds for employee discipline within the district based on violations of policy that may also involve violations of federal, state or local criminal law: ALCOHOL OR DRUG POLICY VIOLATION Definition: Examples: Alcohol or Drug Policy Violation is defined as any act which violates the district s controlled substance or alcohol policies that may be a matter of interest to an outside agency. Examples include, but are not limited to, the following: Selling, purchasing, distributing, furnishing or possessing any naturally occurring or manufactured compound on the United States Drug Enforcement Agency s (DEA) schedule of regulated substances with effects on mood, perception or behavior, either without a legitimate prescription or for which no prescription may be legally written; possessing accessories, paraphernalia, chemical precursors, or equipment associated with controlled substances; selling, purchasing, distributing, furnishing or possessing an alcoholic beverage on district property or at a district-sponsored event/activity; being under the influence of alcohol, a controlled substance or other intoxicant while on the job or at a district-sponsored event/activity. Related alignments include, but may not be limited to, the following: Federal alignment(s): Drug Free Workplace Act of 1988 [Public Law ; 41 USC 701 et seq.; CFR et seq.]; Federal Omnibus Transportation Employee Testing Act of 1991; 20 USC 7101 et seq.; 18 USC 341 et seq.; 21 USC 812; 42 USC 12644; 21 CFR et seq.; 49 CFR 40.1 et seq.; 34 CFR 86.1 et seq.; 49 CFR 40.1 et seq. State alignment(s): IA Code 20.7; 85.16; et seq.; 123A.1 et seq.; et seq.; 124A.1 et seq.; 124B.1 et seq.; et seq.; et seq.; 279.8; 279.9; ; ; ; ; 294.1; 321J.1 et seq.; 701.5; ; 701.6; 702.2; 702.6; 706A.3; 708.5; 709A.1 et seq.; 716A.3; 716A.6; 730.5; BOEE CPCE alignment(s): IAC (1)(b); (2); (6); (3); (4) District policy alignment(s): BCSD 101; 102; 201.3; 104; 203.4; 301.2; 302.3; 312.1; 400; 403.1; 403.2; et seq.; et seq.; 404R1; 404R2; 405.1; 407; 410.1; 411.1; 413.3; 413.4; et seq.; et seq. Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: BEA 17A; 17B UE 4C DISTRICT LEVEL YES 45

53 ALCOHOL OR DRUG POLICY VIOLATION Classification: MAJOR Disciplinary options: Disciplinary Options: Alcohol or Drug Policy Violation Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Official reprimand Suspension Discharge Relatively Equal Suspension Discharge Discharge Mostly Aggravating Discharge Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. As a general rule, action against a practitioner s license may result when the criminal offense and/or conviction is relevant to or affects teaching or administrative performance [IAC (1)(b)]. 3. Some examples of this EEQP violation are incompatible with initial or continued employment by the district [IAC (1)(b)(1)]. For management guidelines, see Other Criminal Violation (Disqualifying). 4. All incidents potentially involving these grounds must be reported to HR. 5. Incidents must be reported to the appropriate outside agency (e.g. law enforcement, social services and/or BOEE) where mandated. 6. See also IAC For additional information and examples, consult your direct supervisor or HR. 46

54 COMMISSION OF A SEX OFFENSE Definition: Examples: Commission of a Sex Offense is defined as any act which violates the district s professional or non-professional relationship policies that may be a matter of interest to an outside agency. Examples include, but are not limited to, the following: Perpetrating an act of sexual battery; engaging in an inappropriate relationship with a student or other minor; touching an employee, student or other person in a sexually inappropriate manner; engaging in sexual conduct with a minor student or other minor regardless of location or consensuality; possessing child pornography; or committing another act of sexual misconduct prohibited under federal, state or local law. Related alignments include, but may not be limited to, the following: Federal alignment(s): Adam Walsh Child Protection and Safety Act of 2006 [AWA; 42 USC 16902; Public Law ]; Sex Offender Registration and Notification Act [SORNA; 42 USC et seq.]; 18 USC 2241 et seq.; 18 USC 2250 et seq.; 18 USC 2421 State alignment(s): IA Code 20.7; 99.1 et seq.; 279.8; ; ; ; 294.1; 692A.101 et seq.; 701.6; ; ; 702.1A; 702.2; 702.4; 702.5; ; ; 705.1; 706A.3; ; et seq.; 709A.1 et seq.; 709C.1; 717C.1; 725.1; 725.2; 725.3; 725.4; ; 728.4; 728.6; BOEE CPCE alignment(s): IAC (1)(b); (6); (3); (4); (6) District policy alignment(s): BCSD 101; 102; 104; 201.3; 203.4; 301.2; 302.3; 312.1; 400; et seq.; 404R1; 404R2; 405.1; 407; 410.1; 411.1; 413.3; Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: NONE DISTRICT LEVEL YES 47

55 COMMISSION OF A SEX OFFENSE Classification: DISQUALIFYING Disciplinary options: Disciplinary Options: Commission of a Sex Offense Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Discharge Relatively Equal Discharge Mostly Aggravating Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. As a general rule, action against a practitioner s license may result when the criminal offense and/or conviction is relevant to or affects teaching or administrative performance [IAC (1)(b)]. 3. Most examples of this EEQP violation are incompatible with initial or continued employment by the district. For management guidelines, see Other Criminal Violation (Disqualifying). 4. All incidents potentially involving these grounds must be reported to HR. 5. Incidents must be reported to the appropriate outside agency (e.g. law enforcement, social services and/or BOEE) where mandated. 6. For additional information and examples, consult your direct supervisor or HR. 48

56 DISHONESTY (CRIMINAL) Definition: Examples: Dishonesty (Criminal) is defined as any lack of truthfulness or deception that may be a matter of interest to an outside agency. Examples include, but are not limited to the following: Engaging in an act of commission (e.g., the criminal misrepresentation of facts, such as initiating a false complaint alleging criminal activity or making false statements to law enforcement during the course of an investigation); or engaging in an act of omission (e.g., the failure to relate all pertinent details to an investigator, such as neglecting mandatory reporting responsibilities regarding suspected child abuse or withholding knowledge the existence of contradictory evidence). Related alignments include, but may not be limited to, the following: Federal alignment(s): 18 USC 201 et seq.; 18 USC 663; 18 USC 911; 18 USC 1001 et seq.; 18 USC 1169; 18 USC 1621 et seq.; 18 USC 2258; 18 USC 3600; 601.1a; 42 USC 5119; 42 USC 13031; 42 USC State alignment(s): IA Code 8A.417; 20.7; 68.B et seq.; 71.1 et seq.; 72.1 et seq.; 99G.36; through ; 235A.1 et seq.; 279.7A; 279.8; ; ; ; 622.1; 701.6; ; 702.2; 702.9; 703.1; 703.4; 714H.1 et seq.; 715.4; 716A.2; 716A.6; 721.2; 721.3; ; et seq.; 727.6; BOEE CPCE alignment(s): IAC (1)(b); (3); (4); (6); (3); (4); (9); (10) District policy alignment(s): BCSD 101; 102; 104; 201.3; 203.4; 203.9; 301.2; 302.3; 312.1; 400; 401.3; 401.4; et seq.; 402.4; 404R1; 404R2; 405.1; 407; 410.1; 411.1; 413.3; 413.4; et seq.; 701.2; 701.3; 701.4; et seq.; 702.1; 703.1; 703.2; 704.1; 704.2; 704.3; 704.4; 704.5; et seq.; 705.2; 705.3; 707.1; 707.2; 707.5; Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: BEA 14A et seq. DISTRICT LEVEL YES 49

57 DISHONESTY (CRIMINAL) Classification: MAJOR Disciplinary options: Disciplinary Options: Dishonesty (Criminal) Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Official reprimand Suspension Discharge Relatively Equal Suspension Discharge Discharge Mostly Aggravating Discharge Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. As a general rule, action against a practitioner s license may result when the criminal offense and/or conviction is relevant to or affects teaching or administrative performance [IAC (1)(b)]. 3. All incidents potentially involving these grounds must be reported to HR. 4. Incidents must be reported to the appropriate outside agency (e.g. law enforcement, social services and/or BOEE) where mandated. 5. See also IAC et seq. 6. For additional information and examples, consult your direct supervisor or HR. 50

58 FALSIFICATION OF OR FAILURE TO ACCURATELY PROVIDE INFORMATION (CRIMINAL) Definition: Examples: Falsification of or Failure to Accurately Provide Information (Criminal) is defined as any written act of dishonesty that may be a matter of interest to an outside agency. Examples include, but are not limited to, the following: Submitting a signed testimony known to contain false information; filing a report required by federal, state or local authorities containing information known to be missing, incomplete or incorrect; altering official applications or records after their submittal; presenting forged credentials relating to eligibility for initial or continued employment; making a false non-disqualifying statement on a fingerprint clearance card; or accounting for the receipt, deposit or disbursal of funds in a manner prohibited by law. Related alignments include, but may not be limited to, the following: Federal alignment(s): State alignment(s): 18 USC 285 et seq.; 18 USC 470 et seq.; 18 USC 1001 et seq.; 18 USC 1341; 18 USC 1426 IA Code 8A.417; 8A.502; 8A.503; 8A.506; 8A.507; 8A.508; 20.7; 20.26; 87.11E; 88.14; 89B.1 et seq.; 99G.36; 235A.21; ; 279.8; ; ; ; ; ; ; 294.1; 298A.1 et seq.; 694.6; 701.6; ; 702.2; 702.9; 703.4; 715A.1 et seq.; 719.1A; 721.1; BOEE CPCE alignment(s): IAC (1)(b); (3); (6); (3); (4); (12) District policy alignment(s): BCSD 101; 102; 104; 201.3; 203.4; 301.2; 302.3; 312.1; 400; 401.7; ; 404R1; 404R2; 405.2E1; 405.3E1; 405.1; 407; 410.1; 411.1; 413.3; 413.4; et seq.; 701.2; 701.3; 701.4; et seq.; 702.1; 703.1; 703.2; 704.1; 704.2; 704.3; 704.4; 704.5; et seq.; 705.2; 705.3; 707.1; 707.2; 707.3; 707.4; 707.5; 801.5; et seq. Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: BEA 14A et seq. DISTRICT LEVEL YES 51

59 FALSIFICATION OF OR FAILURE TO ACCURATELY PROVIDE INFORMATION (CRIMINAL) Classification: MAJOR Disciplinary options: Disciplinary Options: Falsification of or Failure to Accurately Provide Information (Criminal) Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Official reprimand Suspension Discharge Relatively Equal Suspension Discharge Discharge Mostly Aggravating Discharge Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. As a general rule, action against a practitioner s license may result when the criminal offense and/or conviction is relevant to or affects teaching or administrative performance [IAC (1)(b)]. 3. For the purposes of IAC et seq., the term fraud means knowingly providing false information or representations on an application for licensure or employment, or knowingly providing false information or representations made in connection with the discharge of duties [IAC and IAC (1)(a)]. 4. Some examples of this EEQP violation are incompatible with initial or continued employment by the district. For management guidelines, see Other Criminal Violation (Disqualifying). 5. All incidents potentially involving these grounds must be reported to HR. 6. Incidents must be reported to the appropriate outside agency (e.g. law enforcement, social services and/or BOEE) where mandated. 7. See also Education Department General Administrative Regulations (EDGAR 34 CFR and 97-99). 8. For additional information and examples, consult your direct supervisor or HR. 52

60 INAPPROPRIATE, ABUSIVE OR OFFENSIVE CONDUCT (CRIMINAL) Definition: Examples: Inappropriate, Abusive or Offensive Conduct (Criminal) is defined as any act which interferes with the personal rights of employees, students, others or the legitimate interests of the district that may be a matter of interest to an outside agency. Examples include, but are not limited to, the following: Committing violence in the workplace; causing injury or endangering a person directly or through neglect of duty; assaulting or battering a person; threatening or injuring a person, or damaging property, in an act of criminal harassment or civil rights intimidation; stalking a person; committing an act of indecent exposure; or engaging in an act of retaliation prohibited under federal, state or local criminal law. Related alignments include, but may not be limited to, the following: Federal alignment(s): 18 USC 111 et seq.; 18 USC 241 et seq.; 18 USC 871 et seq.; 18 USC 2231 et seq.; 18 USC 2261 et seq. State alignment(s): IA Code 8A.416; 8A.417; 20.7; 20.10; 20.26; 88.14; 89B.1 et seq.; 89B.9; A; 216C.7; 279.8; ; through ; 235B.1 et seq.; ; ; ; ; ; ; ; ; 294.1; 701.6; ; 702.2; ; ; ; ; et seq.; et seq.; et seq.; 709A.1 et seq.; 709C.1; 728.5; 728.6; 729.1; 729.4; 729.5; 729A.2; 729A.5; through 730.4; et seq.; et seq. BOEE CPCE alignment(s): IAC (1)(b); (6); (3); (4); (7); (8); (11) District policy alignment(s): Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: BCSD 101; 102; 103; 103.E1; 103.E2; 103.E3; 103.R1; 104; 201.3; 203.4; 301.2; 302.3; 312.1; 400; et seq.; 403.2; et seq.; 404R1; 404R2; 405.1; 410.1; 407; 411.1; 413.3; 413.4; et seq.; BEA 3A; 3B DISTRICT LEVEL YES 53

61 INAPPROPRIATE, ABUSIVE OR OFFENSIVE CONDUCT (CRIMINAL) Classification: MAJOR Disciplinary options: Disciplinary Options: Inappropriate, Abusive or Offensive Conduct (Criminal) Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Official reprimand Suspension Discharge Relatively Equal Suspension Discharge Discharge Mostly Aggravating Discharge Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. As a general rule, action against a practitioner s license may result when the criminal offense and/or conviction is relevant to or affects teaching or administrative performance [IAC (1)(b)]. 3. Some examples of this EEQP violation are incompatible with initial or continued employment by the district. For management guidelines, see Other Criminal Violation (Disqualifying). 4. All incidents potentially involving these grounds must be reported to HR. 5. Incidents must be reported to the appropriate outside agency (e.g. law enforcement, social services and/or BOEE) where mandated. 6. See also IAC et seq. 7. For additional information and examples, consult your direct supervisor or HR. 54

62 THEFT, ABUSE OR UNAUTHORIZED USE OF PROPERTY Definition: Examples: Theft, Abuse or Unauthorized Use of Property is defined as any act which constitutes the stealing, wrongful appropriation, improper diversion, destruction or misuse of property belonging to the district, employees, students or others that may be a matter of interest to an outside agency. Examples include, but are not limited to, the following: Stealing funds from a petty cash account; misappropriating materials rightly owned by another party; diverting district technology assets for personal use; destroying district property in an act of vandalism; the misuse of vehicles owned by the district; or the after-hours use of district-owned equipment without proper authorization or approval. Related alignments include, but may not be limited to, the following: Federal alignment(s): 18 USC 641 et seq.; 18 USC 2311 et seq. State alignment(s): IA Code 20.7; 279.8; ; 701.6; ; 702.2; 702.9; ; ; ; ; 706A.3; et seq.; et seq.; et seq.; 721.4; 721.8; BOEE CPCE alignment(s): IAC (1)(b) District policy alignment(s): BCSD 101; 102; 104; 201.3; 203.4; 301.2; 302.3; 312.1; 400; 401.7; ; 404R1; 404R2; 405.1; 410.1; 411.1; 413.3; 413.4; 502.2; et seq.; 701.2; 701.3; 701.4; et seq.; 702; 702.1; 704.4; 704.5; et seq.; 705.2; 705.3; 707.5; et seq.; 802.6; 803.1; Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: BEA 14A et seq. DISTRICT LEVEL YES 55

63 THEFT, ABUSE OR UNAUTHORIZED USE OF PROPERTY Classification: MAJOR Disciplinary options: Disciplinary Options: Theft, Abuse or Unauthorized Use of Property Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Official reprimand Suspension Discharge Relatively Equal Suspension Discharge Discharge Mostly Aggravating Discharge Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. As a general rule, action against a practitioner s license may result when the criminal offense and/or conviction is relevant to or affects teaching or administrative performance [IAC (1)(b)]. 3. All incidents potentially involving these grounds must be reported to HR. 4. Incidents must be reported to the appropriate outside agency (e.g. law enforcement, social services and/or BOEE) where mandated. 5. See also Education Department General Administrative Regulations (EDGAR 34 CFR and 97-99). 6. For additional information and examples, consult your direct supervisor or HR. 56

64 WEAPONS POLICY VIOLATION Definition: Examples: Weapons Policy Violation is defined as any act which violates the district s weapons policies that may be a matter of interest to an outside agency. Examples include, but are not limited to, the following: Possessing, transporting, exchanging, exhibiting or using any device, instrument or item that: 1). Fires a projectile by means of an explosive or propellant; 2). Contains component(s) that may be converted into such a device; 3). May be reasonably characterized as an offensive or defensive weapon capable of inflicting temporary or permanent injury upon a person; 4). Is used to threaten or attack another person; or 5). Resembles such a weapon. Related alignments include, but may not be limited to, the following: Federal alignment(s): State alignment(s): Gun Control Act of 1968 [GCA; 18 USC 921 et seq.; Public Law ], Gun Free School Zones Act of 1990 [GFSZA; 18 USC 922 and 924] and Gun Free Schools Act of 1994; 18 USC 175 et seq.; 18 USC 229 et seq.; 18 USC 831 et seq.; 18 USC 841 et seq.; 27 CFR et seq. IA Code 20.7; 279.8; ; ; A; B; 294.1; 701.6; ; 702.2; 702.7; ; et seq.; 706A.3; 708.6; 708.8; 708.9; et seq.; 727.1; BOEE CPCE alignment(s): IAC (1)(b); (6); (3); (4) District policy alignment(s): BCSD 101; 102; 104; 201.3; 203.4; 301.2; 302.3; 312.1; 400; 404R1; 404R2; 405.1; 407; 410.1; 411.1; 413.3; 413.4; et seq. Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: NONE DISTRICT LEVEL YES 57

65 WEAPONS POLICY VIOLATION Classification: MAJOR Disciplinary options: Disciplinary Options: Weapons Policy Violation Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Official reprimand Suspension Discharge Relatively Equal Suspension Discharge Discharge Mostly Aggravating Discharge Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. As a general rule, action against a practitioner s license may result when the criminal offense and/or conviction is relevant to or affects teaching or administrative performance [IAC (1)(b)]. 3. Some examples of this EEQP violation are incompatible with initial or continued employment by the district. For management guidelines, see Other Criminal Violation (Disqualifying). 4. All incidents potentially involving these grounds must be reported to HR. 5. Incidents must be reported to the appropriate outside agency (e.g. law enforcement, social services and/or BOEE) where mandated. 6. Evidence of intentionality is not a required factor for verifying this EEQP violation. 7. For additional information and examples, consult your direct supervisor or HR. 58

66 OTHER CRIMINAL VIOLATION (NON-DISQUALIFYING) Definition: Examples: Other Criminal Violation (Non-disqualifying) is defined as any act that does not statutorily render an employee ineligible for employment not specified elsewhere in this section of the EEQP that may be a matter of interest to an outside agency. Examples include, but are not limited to, the following: Breaking and entering into a district-owned structure; creating or contributing to a civil disturbance; coercing a witness; or being convicted of Operating While Intoxicated (OWI) if no transportation duties are required of the employee. Related alignments include, but may not be limited to, the following: Federal alignment(s): State alignment(s): Includes 18 USC 228, 18 USC 231 et seq., 18 USC 331 et seq., 18 USC 351 et seq., 18 USC 371 et seq., 18 USC 401 et seq., 18 USC 1071 et seq., 18 USC 1084, 18 USC 1261 et seq., 18 USC 1301 et seq., 18 USC 1361 et seq., 18 USC 1425, 18 USC 1460 through 1466, 18 USC 1470, 18 USC 1501 et seq., 18 USC 1581 et seq., 18 USC 1751 et seq., 18 USC 1801, 18 USC 1831 et seq., 18 USC 1951 et seq., 18 USC 1961 et seq., 18 USC 2101 et seq., 18 USC 2111 et seq., 18 USC 2325 et seq., 18 USC 2331 et seq., 18 USC 2341 et seq., 18 USC 2381 et seq., 18 USC 2510 et seq., 18 USC 2701 et seq. and all non-disqualifying federal criminal violations not otherwise specified Includes IA Code 8A.458; 20.7, 88.14; 89B.1 et seq., 99.1 et seq., 99A.1 et seq., 99B.1 et seq., 99D.24, 99F.15, 100A.1 et seq., 101A.8, 101B.8, 102.5, et seq., 279.8, , , , , 294.1, et seq., 701.6, , 702.2, 702.8, , , 703.1; 703.2, 703.3, 703.4, 703.5, et seq., 705.1, et seq., 706A.1, 706A.2, 706A.3, 706B.1 et seq., 707A.2, 707A.3, , 708A.1 et seq., 708B.1, 709A.1 et seq., et seq.; 711.2, et seq., et seq., 714D.1 et seq., 715.4, 715C.2, 716B.1 et seq., et seq., 717A.1 et seq., 717B.1 et seq., 717F.1 et seq., et seq., 718A.1 et seq., 718B.1 et seq., et seq., et seq., 721.2, 721.5, et seq., 723A.1 et seq., through , 726.1, 726.3, 726.5, 726.7, 726.8, ; 727.3; 727.4, 727.5, 727.9, , , and all nondisqualifying state criminal violations not otherwise specified BOEE CPCE alignment(s): IAC (1)(b); (1)(b)(2); (7); (14) District policy alignment(s): Includes BCSD 101, 102, 104, 201.3, 203.4, 301.2, 302.3, 312.1, 400, 401.6, 403.4, 404R1, 404R2, 405.1, 407, 410.1, 411.1, 413.3, 413.4, et seq.,

67 OTHER CRIMINAL VIOLATION (NON-DISQUALIFYING) and all non-disqualifying district criminal violations not otherwise specified Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: Classification: VARIABLE DISTRICT LEVEL YES NON-DISQUALIFYING Disciplinary options: Disciplinary Options: Other Criminal Violation (Non-disqualifying) Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Suspension Discharge Relatively Equal Discharge Discharge Mostly Aggravating Discharge Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. As a general rule, action against a practitioner s license may result when the criminal offense and/or conviction is relevant to or affects teaching or administrative performance [IAC (1)(b)]. 3. Some examples of this EEQP violation are incompatible with initial or continued employment by the district. For management guidelines, see Other Criminal Violation (Disqualifying). 4. All incidents potentially involving these grounds must be reported to HR. 5. Incidents must be reported to the appropriate outside agency (e.g. law enforcement, social services and/or BOEE) where mandated. 6. For additional information and examples, consult your direct supervisor or HR. 60

68 OTHER CRIMINAL VIOLATION (DISQUALIFYING) Definition: Examples: Other Criminal Violation (Disqualifying) is defined as any act that statutorily renders an employee ineligible for employment not specified elsewhere in this section of the EEQP that may be a matter of interest to an outside agency. Examples include, but are not limited to, the following: Being convicted of a crime reportable to the Iowa Department of Education/Iowa Board of Directors for subsequent consideration for license suspension, revocation or denial or fingerprint clearance forfeiture. Related alignments include, but may not be limited to, the following: Federal alignment(s): State alignment(s): BOEE CPCE alignment(s): Includes 18 USC 1111 et seq., 18 USC 1201 et seq., 18 USC 1466a, 18 USC 2251 et seq., 18 USC 2423, 18 USC 2425, 18 USC 2427, 18 USC 3283 and all disqualifying federal level criminal violations not otherwise specified Includes IA Code 20.7, 235A.14, through , 235B.5, 272.2, 272A et seq.; 279.8, , 692A.101, et seq., , 294.1, et seq.; 321J.1 et seq., 701.6, , , , 702.2, 702.5, 702.8, , , , , , , 704.9, 705.1, 706A.1, 706A.3, 707.1, 707.2, 707.3, 707.6, 708.1, 708.2A; 708.3, 708.4, , et seq., et seq., 710A.1 et seq., to 725.4, 726.2, 726.6, 726.6A, 728.2, 728.3, 728.6, , , and all disqualifying state level criminal violations not otherwise specified IAC (1)(b)(1); (1)(c); (1)(d); (1)(e); (6); (3); (4); (6) District policy alignment(s): Includes BCSD 101, 102, 104, 201.3; 203.4, 301.2, 302.3, 312.1, 400, et seq., 404R1, 404R2, 405.1, 407, 410.1, 411.1, 413.3, 413.4, and all disqualifying district level criminal violations not otherwise specified Association alignment(s): Initial case management responsibility: Mandatory reporting requirement: VARIABLE DISTRICT LEVEL YES 61

69 OTHER CRIMINAL VIOLATION (DISQUALIFYING) Classification: DISQUALIFYING Disciplinary options: Disciplinary Options: Other Criminal Violation (Disqualifying) Case Facts 1 st Occurrence 2 nd Occurrence 3 rd Occurrence 4 th Occurrence Mostly Mitigating Discharge Relatively Equal Discharge Mostly Aggravating Discharge Commentary: 1. For potential state level licensure consequences, if any, see Appendix B. 2. As a general rule, action against a practitioner s license may result when the criminal offense and/or conviction is relevant to or affects teaching or administrative performance [IAC (1)(b)]. 3. All incidents potentially involving these grounds must be reported to HR. 4. Incidents must be reported to the appropriate outside agency (e.g. law enforcement, social services and/or BOEE) where mandated. 5. For additional information and examples, consult your direct supervisor or HR. 62

70 PROCEDURES FOR DISCIPLINARY ACTIONS The consequences for EEQP violations within the district range from informal non-disciplinary counseling and verbal warnings to formal discharge for licensed employees under renewable or non-renewable contracts, and support personnel under contracts, letters of agreement or otherwise (see Appendix G). VERBAL WARNINGS A. Definition. A verbal warning is defined as an informal disciplinary conference between an administrator or supervisor and an employee. A verbal warning is the least severe type of informal employee discipline and is meant to alert the employee to the fact that a deficiency has been noted. Although there is no prescribed format for this information action, the districtapproved procedure must be followed and the event must be documented. B. Overview. Employees facing this type of informal employee discipline should receive: 1. Administrators: 2. Teachers: a. An informal meeting with his or her administrator/supervisor in a private location. b. An explanation of the allegation(s) involved. c. A reasonable amount of time to respond to the allegation(s). d. Consideration of the response and all pertinent aggravating factors or mitigating factors in the case prior to making a decision to take disciplinary action. e. An explanation of the reason(s) for taking disciplinary action. f. A signed and dated copy of the action that includes a disposition disclosure [IA Code 91B.1(1); [BCSD and 401.5R1]. g. The option of responding to the action in writing. h. Notification that more severe discipline may result in the future if the same or similar action(s) or behavior(s) occur. i. Written notice of the right to contest the action using the defined procedure where applicable [BCSD 400 and 401.2]. a. An informal meeting with his or her administrator/supervisor in a private location. b. An explanation of the allegation(s) involved. c. A reasonable amount of time to respond to the allegation(s). d. Consideration of the response and all pertinent aggravating factors or mitigating factors in the case prior to making a decision to take disciplinary action. e. An explanation of the reason(s) for taking disciplinary action. f. A signed and dated copy of the action that includes a disposition disclosure [IA Code 91B.1(1); [BCSD and 401.5R1; BEA 5B(3)]. g. The option of responding to the action in writing [BEA 5B(4)]. h. Notification that more severe discipline may result in the future if the same or similar action(s) or behavior(s) occur. i. Written notice of the right to contest the action using the defined procedure where applicable [IA Code 20.9; BCSD 400 and 401.2; BEA 2A et seq.]. j. The negotiated privilege of association representation [IA Code 20.9; BCSD 400; BEA 2A]. 3. Support personnel: a. An informal meeting with his or her administrator/supervisor in a private location. b. An explanation of the allegation(s) involved. c. A reasonable amount of time to respond to the allegation(s). 63

71 d. Consideration of the response and all pertinent aggravating factors or mitigating factors in the case prior to making a decision to take disciplinary action. e. An explanation of the reason(s) for taking disciplinary action. f. A signed and dated copy of the action that includes a disposition disclosure [IA Code 91B.1(1); [BCSD and 401.5R1]. g. The option of responding to the action in writing. h. Notification that more severe discipline may result in the future if the same or similar action(s) or behavior(s) occur. i. Written notice of the right to contest the action using the defined procedure where applicable [IA Code 20.9; BCSD 400 and 401.2; UE 2A et seq.]. j. The negotiated privilege of association representation [IA Code 20.9; BCSD 400]. C. Procedural considerations. The workflows for this type of informal discipline are as follows: 1. Administrators: 2. Teachers: a. Prior to disciplinary action. The administrator/supervisor will complete an informal inquiry regarding the incident(s) that includes the licensed employee s response to the allegation(s) involved. The inquiry must both establish and verify grounds for employee discipline that warrant this type of action. The administrator/supervisor will document the action. b. During disciplinary action. The administrator/supervisor will meet with the licensed employee within seven (7) days of the decision to take disciplinary action and: 1). State his/her reason(s) for proceeding with disciplinary action; 2). Reference any aggravating factors and mitigating factors that were considered prior to making the decision; and 3). Review the associated documentation with the licensed employee. The administrator/supervisor will request written acknowledgement of receipt of the action, and if signature is refused, such refusal will be witnessed on the documentation. c. After disciplinary action. The administrator/supervisor will provide the licensed employee with an opportunity to respond in writing within seven (7) days and inform the licensed employee of his or her right to include any comments the employee deems appropriate. Any written response must be attached to the documentation of the action. a. Prior to disciplinary action. The administrator/supervisor will complete an informal inquiry regarding the incident(s) that includes the licensed employee s response to the allegation(s) involved. The inquiry must both establish and verify grounds for employee discipline that warrant this type of action. The administrator/supervisor will document the action. b. During disciplinary action. The administrator/supervisor will meet with the licensed employee within seven (7) days of the decision to take disciplinary action and: 1). State his/her reason(s) for proceeding with disciplinary action; 2). Reference any aggravating factors and mitigating factors that were considered prior to making the decision; and 3). Review the associated documentation with the licensed employee [BEA 5B(3)]. The administrator/supervisor will request written acknowledgement of receipt of the action, and if signature is refused, such refusal will be witnessed on the documentation [BEA 5B(3)]. c. After disciplinary action. The administrator/supervisor will provide the employee with an opportunity to respond in writing within seven (7) days and inform the licensed employee of his or her right to include any comments the employee deems appropriate [BEA 5B(4)]. Any written response must be attached to the documentation of the action [BEA 5B(4)]. 64

72 3. Support personnel: a. Prior to disciplinary action. The administrator/supervisor will complete an informal inquiry regarding the incident(s) that includes the classified employee s response to the allegation(s) involved. The inquiry must both establish and verify grounds for employee discipline that warrant this type of action. The administrator/supervisor will document the action. b. During disciplinary action. The administrator/supervisor will meet with the classified employee within seven (7) days of the decision to take disciplinary action and: 1). State his/her reason(s) for proceeding with disciplinary action; 2). Reference any aggravating factors and mitigating factors that were considered prior to making the decision; and 3). Review the associated documentation with the classified employee. The administrator/supervisor will request written acknowledgement of receipt of the action, and if signature is refused, such refusal will be witnessed on the documentation. c. After disciplinary action. The administrator/supervisor will provide the classified employee with an opportunity to respond in writing within seven (7) days and inform the employee of his or her right to include any comments the classified employee deems appropriate. Any written response must be attached to the documentation of the action. D. Documentation considerations. This informal action must be documented as follows: 1. Administrators: A district-approved template should be used. Documentation must contain the required elements (see Appendix H). 2. Teachers: See above. 3. Support personnel: See above. E. Post-action rights and responsibilities. Concerns for this informal action include the following: 1. Administrators: a. Disposition. The documentation involved will be retained in an Unofficial Supervisor s File (USF) in the office of the licensed employee s administrator/supervisor in active status [BCSD and 401.5R1]. b. Review. The licensed employee shall have access to and shall be permitted to obtain copies of the following of his or her USF, including, but not limited to, the following: Performance evaluations; disciplinary records; and other information concerning employer-employee relations [IA Code 91B.1(1); BCSD and 401.5R1]. However, such access is subject to all of the following conditions: 1). The employer and the licensed employee shall agree on the time of access [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 2). A representative of the employer may be present [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 3). The licensed employee shall not have access to employment references written for the licensed employee [IA Code 91B.1(2)(b); BCSD and 401.5R1]; and 4). The district may charge a reasonable fee for each page of a copy made by the employer for the licensed employee of an item in his or her file [IA Code 91B.1(2)(c); BCSD and 401.5R1]. The licensed employee may make a request for review during normal business hours. A log sheet will be provided for documentation of who is viewing this file. c. Inquiries. As confidential records, personnel files are not available to the public and may only be viewed by designated school district employees [IA Code 22.1 et seq.; BCSD 401.5, 401.5R1 and 901]. An access log must be maintained for the file. 65

73 2. Teachers: d. Contest. The action may be contested using the defined procedure where applicable [BCSD 400 and 401.2]. No record, document or communication concerning a grievance shall be placed in the file. e. Expiration. The action shall automatically expire for progressive discipline purposes after three (3) calendar years. All associated documentation shall be moved to the inactive portion of the file subject to applicable records maintenance provisions in the Iowa Fair Information Practices Act [IA Code 22.11; BCSD 708]. a. Disposition. The documentation involved will be retained in an Unofficial Supervisor s File (USF) in the office of the licensed employee s administrator/supervisor in active status [BCSD and 401.5R1]. b. Review. The licensed employee shall have access to and shall be permitted to obtain copies of the following of his or her USF, including, but not limited to, the following: Performance evaluations; disciplinary records; and other information concerning employer-employee relations [IA Code 91B.1(1); BCSD and 401.5R1; BEA 5B(3)]. However, such access is subject to all of the following conditions: 1). The employer and the licensed employee shall agree on the time of access [IA Code 91B.1(2)(a); BCSD and 401.5R1; BEA 5B(3)]; 2). A representative of the employer may be present [IA Code 91B.1(2)(a); BCSD and 401.5R1; BEA 5B(3)]; 3). The licensed employee shall not have access to employment references written for the licensed employee [IA Code 91B.1(2)(b); BCSD and 401.5R1; BEA 5B(3)]; and 4). The district may charge a reasonable fee for each page of a copy made by the employer for the employee of an item in his or her file [IA Code 91B.1(2)(c); BCSD and 401.5R1; BEA 5B(3)]. The licensed employee may make a request for review during normal business hours. The licensed employee may have an association representative accompany him or her during such review. A log sheet will be provided for documentation of who is viewing this file. c. Inquiries. As confidential records, personnel files are not available to the public and may only be viewed by designated school district employees [IA Code 22.1 et seq.; BCSD 401.5, 401.5R1 and 901]. Provisions may include, but are not limited to, the following: An access log must be maintained for the file. d. Contest. The action may be contested using the defined procedure where applicable [IA Code 20.18; BCSD 400 and 401.2; BEA 2A et seq.]. Negotiated provisions may include, but are not limited to, the following: No record, document or communication concerning a grievance shall be placed in the file. e. Expiration. The action shall automatically expire for progressive discipline purposes after three (3) calendar years. All associated documentation shall be moved to the inactive portion of the file subject to applicable records maintenance provisions in the Iowa Fair Information Practices Act [IA Code 22.11; BCSD 708]. 3. Support personnel: a. Disposition. The documentation involved will be retained in an Unofficial Supervisor s File (USF) in the office of the classified employee s administrator/supervisor in active status [BCSD and 401.5R1]. b. Review. The classified employee shall have access to and shall be permitted to obtain copies of the following of his or her USF, including, but not limited to, the following: Performance evaluations; disciplinary records; and other information concerning employer-employee relations [IA Code 91B.1(1); BCSD and 401.5R1]. However, such access is subject to all of the following conditions: 1). The employer and the classified employee shall agree on the time of access [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 2). A representative of the 66

74 employer may be present [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 3). The classified employee shall not have access to employment references written for the classified employee [IA Code 91B.1(2)(b); BCSD and 401.5R1]; and 4). The district may charge a reasonable fee for each page of a copy made by the employer for the classified employee of an item in his or her file [IA Code 91B.1(2)(c); BCSD and 401.5R1]. The classified employee may make a request for review during normal business hours. The classified employee may have an association representative accompany him or her during such review. A log sheet will be provided for documentation of who is viewing this file. c. Inquiries. As confidential records, personnel files are not available to the public and may only be viewed by designated school district employees [IA Code 22.1 et seq.; BCSD 401.5, 401.5R1 and 901]. Provisions may include, but are not limited to, the following: An access log must be maintained for the file. d. Contest. The action may be contested using the defined procedure where applicable [IA Code 20.18; BCSD 400 and 401.2; UE 2A et seq.]. No record, document or communication concerning a grievance shall be placed in the file. e. Expiration. The action shall automatically expire for progressive discipline purposes after three (3) calendar years. All associated documentation shall be moved to the inactive portion of the file subject to applicable records maintenance provisions in the Iowa Fair Information Practices Act [IA Code 22.11; BCSD 708]. 67

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76 WRITTEN WARNINGS A. Definition. A written warning is defined as an informal notice given to an employee when the grounds for employee discipline involved warrant an action that is more severe than a verbal warning, but a less severe than an official reprimand. A written warning is the most severe type of informal employee discipline and is meant to put the employee on notice for the action(s) or behavior(s) involved. Although there is no prescribed format for issuing this informal action, the district-approved procedure must be followed and the event must be documented. B. Overview. Employees facing this type of informal employee discipline should receive: 1. Administrators: 2. Teachers: a. An informal meeting with his or her administrator/supervisor in a private location. b. An explanation of the allegation(s) involved. c. A reasonable amount of time to respond to the allegation(s). d. Consideration of the response and all pertinent aggravating factors or mitigating factors in the case prior to making a decision to take disciplinary action. e. An explanation of the reason(s) for taking disciplinary action. f. A signed and dated copy of the action that includes a disposition disclosure [IA Code 91B.1(1); [BCSD and 401.5R1]. g. The option of responding to the action in writing. h. Notification that more severe discipline may result in the future if the same or similar action(s) or behavior(s) occur. i. Written notice of the right to contest the action using the defined procedure where applicable [BCSD 400 and 401.2]. a. An informal meeting with his or her administrator/supervisor in a private location. b. An explanation of the allegation(s) involved. c. A reasonable amount of time to respond to the allegation(s). d. Consideration of the response and all pertinent aggravating factors or mitigating factors in the case prior to making a decision to take disciplinary action. e. An explanation of the reason(s) for taking disciplinary action. f. A signed and dated copy of the action that includes a disposition disclosure [IA Code 91B.1(1); [BCSD and 401.5R1; BEA 5B(3)]. g. The option of responding to the action in writing [BEA 5B(4)]. h. Notification that more severe discipline may result in the future if the same or similar action(s) or behavior(s) occur. i. Written notice of the right to contest the action using the defined procedure where applicable [IA Code 20.9; BCSD 400 and 401.2; BEA 2A et seq.]. j. The negotiated privilege of association representation [IA Code 20.9; BCSD 400; BEA 2A]. 3. Support personnel: a. An informal meeting with his or her administrator/supervisor in a private location. b. An explanation of the allegation(s) involved. c. A reasonable amount of time to respond to the allegation(s). d. Consideration of the response and all pertinent aggravating factors or mitigating factors in the case prior to making a decision to take disciplinary action. e. An explanation of the reason(s) for taking disciplinary action. f. A signed and dated copy of the action that includes a disposition disclosure [IA Code 91B.1(1); [BCSD and 401.5R1]. 69

77 g. The option of responding to the action in writing. h. Notification that more severe discipline may result in the future if the same or similar action(s) or behavior(s) occur. i. Written notice of the right to contest the action using the defined procedure where applicable [IA Code 20.9; BCSD 400 and 401.2; UE 2A et seq.]. j. The negotiated privilege of association representation [IA Code 20.9; BCSD 400]. C. Procedural considerations. The workflows for this type of informal discipline are as follows: 1. Administrators: 2. Teachers: a. Prior to disciplinary action. The administrator/supervisor will complete an informal inquiry regarding the incident(s) that includes the licensed employee s response to the allegation(s) involved. The inquiry must both establish and verify grounds for employee discipline that warrant this type of action. The administrator/supervisor will document the action. b. During disciplinary action. The administrator/supervisor will meet with the licensed employee within seven (7) days of the decision to take disciplinary action and: 1). State his/her reason(s) for proceeding with disciplinary action; 2). Reference any aggravating factors and mitigating factors that were considered prior to making the decision; and 3). Review the associated documentation with the licensed employee. The administrator/supervisor will request written acknowledgement of receipt of the action, and if signature is refused, such refusal will be witnessed on the documentation. c. After disciplinary action. The administrator/supervisor will provide the licensed employee with an opportunity to respond in writing within seven (7) days and inform the licensed employee of his or her right to include any comments the employee deems appropriate. Any written response must be attached to the documentation of the action. a. Prior to disciplinary action. The administrator/supervisor will complete an informal inquiry regarding the incident(s) that includes the licensed employee s response to the allegation(s) involved. The inquiry must both establish and verify grounds for employee discipline that warrant this type of action. The administrator/supervisor will document the action. b. During disciplinary action. The administrator/supervisor will meet with the licensed employee within seven (7) days of the decision to take disciplinary action and: 1). State his/her reason(s) for proceeding with disciplinary action; 2). Reference any aggravating factors and mitigating factors that were considered prior to making the decision; and 3). Review the associated documentation with the licensed employee [BEA 5B(3)]. The administrator/supervisor will request written acknowledgement of receipt of the action, and if signature is refused, such refusal will be witnessed on the documentation [BEA 5B(3)]. c. After disciplinary action. The administrator/supervisor will provide the licensed employee with an opportunity to respond in writing within seven (7) days and inform the licensed employee of his or her right to include any comments the licensed employee deems appropriate [BEA 5B(4)]. Any written response must be attached to the documentation of the action [BEA 5B(4)]. 3. Support personnel: a. Prior to disciplinary action. The administrator/supervisor will complete an informal inquiry regarding the incident(s) that includes the classified employee s response to the allegation(s) involved. The inquiry must both establish and verify 70

78 grounds for employee discipline that warrant this type of action. The administrator/supervisor will document the action. b. During disciplinary action. The administrator/supervisor will meet with the classified employee within seven (7) days of the decision to take disciplinary action and: 1). State his/her reason(s) for proceeding with disciplinary action; 2). Reference any aggravating factors and mitigating factors that were considered prior to making the decision; and 3). Review the associated documentation with the classified employee. The administrator/supervisor will request written acknowledgement of receipt of the action, and if signature is refused, such refusal will be witnessed on the documentation. c. After disciplinary action. The administrator/supervisor will provide the employee with an opportunity to respond in writing within seven (7) days and inform the classified employee of his or her right to include any comments the classified employee deems appropriate. Any written response must be attached to the documentation of the action. D. Documentation considerations. This informal action must be documented as follows: 1. Administrators: A district-approved template should be used. Documentation must contain the required elements (see Appendix H). 2. Teachers: See above. 3. Support personnel: See above. E. Post-action rights and responsibilities. Concerns for this informal action include the following: 1. Administrators: a. Disposition. The documentation involved will be retained in an Unofficial Supervisor s File (USF) in the office of the licensed employee s administrator/supervisor in active status [BCSD and 401.5R1]. b. Review. The licensed employee shall have access to and shall be permitted to obtain copies of the following of his or her USF, including, but not limited to, the following: Performance evaluations; disciplinary records; and other information concerning employer-employee relations [IA Code 91B.1(1); BCSD and 401.5R1]. However, such access is subject to all of the following conditions: 1). The employer and the licensed employee shall agree on the time of access [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 2). A representative of the employer may be present [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 3). The licensed employee shall not have access to employment references written for the licensed employee [IA Code 91B.1(2)(b); BCSD and 401.5R1]; and 4). The district may charge a reasonable fee for each page of a copy made by the employer for the licensed employee of an item in his or her file [IA Code 91B.1(2)(c); BCSD and 401.5R1]. The licensed employee may make a request for review during normal business hours. A log sheet will be provided for documentation of who is viewing this file. c. Inquiries. As confidential records, personnel files are not available to the public and may only be viewed by designated school district employees [IA Code 22.1 et seq.; BCSD 401.5, 401.5R1 and 901]. An access log must be maintained for the file. d. Contest. The action may be contested using the defined procedure where applicable [BCSD 400 and 401.2]. No record, document or communication concerning a grievance shall be placed in the file. e. Expiration. The action shall automatically expire for progressive discipline purposes after three (3) calendar years. All associated documentation shall be moved to the inactive portion of the file subject to applicable records maintenance provisions in the Iowa Fair Information Practices Act [IA Code 22.11; BCSD 708]. 71

79 2. Teachers: a. Disposition. The documentation involved will be retained in an Unofficial Supervisor s File (USF) in the office of the licensed employee s administrator/supervisor in active status [BCSD and 401.5R1; BEA 5B(3)]. b. Review. The licensed employee shall have access to and shall be permitted to obtain copies of the following of his or her USF, including, but not limited to, the following: Performance evaluations; disciplinary records; and other information concerning employer-employee relations [IA Code 91B.1(1); BCSD and 401.5R1; BEA 5B(3)]. However, such access is subject to all of the following conditions: 1). The employer and the licensed employee shall agree on the time of access [IA Code 91B.1(2)(a); BCSD and 401.5R1; BEA 5B(3)]; 2). A representative of the employer may be present [IA Code 91B.1(2)(a); BCSD and 401.5R1; BEA 5B(3)]; 3). The licensed employee shall not have access to employment references written for the licensed employee [IA Code 91B.1(2)(b); BCSD and 401.5R1; BEA 5B(3)]; and 4). The district may charge a reasonable fee for each page of a copy made by the employer for the employee of an item in his or her file [IA Code 91B.1(2)(c); BCSD and 401.5R1; BEA 5B(3)]. The licensed employee may make a request for review during normal business hours. The licensed employee may have an association representative accompany him or her during such review. A log sheet will be provided for documentation of who is viewing this file. c. Inquiries. As confidential records, personnel files are not available to the public and may only be viewed by designated school district employees [IA Code 22.1 et seq.; BCSD 401.5, 401.5R1 and 901]. Provisions may include, but are not limited to, the following: An access log must be maintained for the file. d. Contest. The action may be contested using the defined procedure where applicable [IA Code 20.18; BCSD 400 and 401.2; BEA 2A et seq.]. Negotiated provisions may include, but are not limited to, the following: No record, document or communication concerning a grievance shall be placed in the file. e. Expiration. The action shall automatically expire for progressive discipline purposes after three (3) calendar years. All associated documentation shall be moved to the inactive portion of the file subject to applicable records maintenance provisions in the Iowa Fair Information Practices Act [IA Code 22.11; BCSD 708]. 3. Support personnel: a. Disposition. The documentation involved will be retained in an Unofficial Supervisor s File (USF) in the office of the classified employee s administrator/supervisor in active status [BCSD and 401.5R1]. b. Review. The classified employee shall have access to and shall be permitted to obtain copies of the following of his or her USF, including, but not limited to, the following: Performance evaluations; disciplinary records; and other information concerning employer-employee relations [IA Code 91B.1(1); BCSD and 401.5R1]. However, such access is subject to all of the following conditions: 1). The employer and the classified employee shall agree on the time of access [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 2). A representative of the employer may be present [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 3). The classified employee shall not have access to employment references written for the classified employee [IA Code 91B.1(2)(b); BCSD and 401.5R1]; and 4). The district may charge a reasonable fee for each page of a copy made by the employer for the classified employee of an item in his or her file [IA Code 91B.1(2)(c); BCSD and 401.5R1]. The classified employee may make a request for review during normal business hours. The classified employee may have an association 72

80 representative accompany him or her during such review. A log sheet will be provided for documentation of who is viewing this file. c. Inquiries. As confidential records, personnel files are not available to the public and may only be viewed by designated school district employees [IA Code 22.1 et seq.; BCSD 401.5, 401.5R1 and 901]. Provisions may include, but are not limited to, the following: An access log must be maintained for the file. d. Contest. The action may be contested using the defined procedure where applicable [IA Code 20.18; BCSD 400 and 401.2; UE 2A et seq.]. Negotiated provisions may include, but are not limited to, the following: No record, document or communication concerning a grievance shall be placed in the file. e. Expiration. The action shall automatically expire for progressive discipline purposes after three (3) calendar years. All associated documentation shall be moved to the inactive portion of the file subject to applicable records maintenance provisions in the Iowa Fair Information Practices Act [IA Code 22.11; BCSD 708]. 73

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82 OFFICIAL REPRIMANDS A. Definition. An official reprimand is defined as a formal disciplinary notice that is given to an employee when the grounds for employee discipline involved warrant an action that is more severe than a written warning, but a less severe than a suspension. An official reprimand is the least severe type of formal employee discipline and is meant to serve as a statement of censure for misconduct of such concern that a permanent record of the incident(s) needs to be established. This formal action requires no disciplinary hearing to execute; however, the districtapproved procedure must be followed and the event must be documented. B. Overview. Employees facing this type of formal employee discipline should receive: 1. Administrators: 2. Teachers: a. A formal meeting with the superintendent or his/her designee in a private location. b. An explanation of the allegation(s) involved. c. A reasonable amount of time to respond to the allegation(s). d. Consideration of the response and all pertinent aggravating factors or mitigating factors in the case prior to making a decision to take disciplinary action. e. An explanation of the reason(s) for taking disciplinary action. f. A signed and dated copy of the action that includes a disposition disclosure [IA Code 91B.1(1); [BCSD and 401.5R1]. g. The option of responding to the action in writing. h. Notification that more severe discipline may result in the future if the same or similar action(s) or behavior(s) occur. i. Written notice of the right to contest the action using the defined procedure where applicable [BCSD 400 and 401.2]. a. A formal meeting with the superintendent or his/her designee in a private location. b. An explanation of the allegation(s) involved. c. A reasonable amount of time to respond to the allegation(s). d. Consideration of the response and all pertinent aggravating factors or mitigating factors in the case prior to making a decision to take disciplinary action. e. An explanation of the reason(s) for taking disciplinary action. f. A signed and dated copy of the action that includes a disposition disclosure [IA Code 91B.1(1); [BCSD and 401.5R1; BEA 5B(3)]. g. The option of responding to the action in writing [BEA 5B(4)]. h. Notification that more severe discipline may result in the future if the same or similar action(s) or behavior(s) occur. i. Written notice of the right to contest the action using the defined procedure where applicable [IA Code 20.9; BCSD 400 and 401.2; BEA 2A et seq.]. j. The negotiated privilege of association representation [IA Code 20.9; BCSD 400; BEA 2A]. 3. Support personnel: a. A formal meeting with the superintendent or his/her designee in a private location. b. An explanation of the allegation(s) involved. c. A reasonable amount of time to respond to the allegation(s). d. Consideration of the response and all pertinent aggravating factors or mitigating factors in the case prior to making a decision to take disciplinary action. e. An explanation of the reason(s) for taking disciplinary action. 75

83 f. A signed and dated copy of the action that includes a disposition disclosure [IA Code 91B.1(1); [BCSD and 401.5R1]. g. The option of responding to the action in writing. h. Notification that more severe discipline may result in the future if the same or similar action(s) or behavior(s) occur. i. Written notice of the right to contest the action using the defined procedure where applicable [IA Code 20.9; BCSD 400 and 401.2; UE 2A et seq.]. j. The negotiated privilege of association representation [IA Code 20.9; 400]. C. Procedural considerations. The workflows for this type of formal discipline are as follows: 1. Administrators: 2. Teachers: a. Prior to disciplinary action. The superintendent or his/her designee will complete an informal inquiry regarding the incident(s) that includes the licensed employee s response to the allegation(s) involved. The inquiry must both establish and verify grounds for employee discipline that warrant this type of action. If the investigation was conducted at the building or site level, the case must be referred to the superintendent or his/her designee for review and approval. The superintendent or his/her designee will document the action. b. During disciplinary action. The administrator/supervisor will meet with the licensed employee within 7 days of the decision to take disciplinary action and: 1). State his/her reason(s) for proceeding with disciplinary action; 2). Reference any aggravating factors and mitigating factors that were considered prior to making the decision; and 3). Review the associated documentation with the licensed employee. The superintendent or his/her designee will request written acknowledgement of receipt of the action, and if signature is refused, such refusal will be witnessed on the documentation. c. After disciplinary action. The superintendent or his/her designee will provide the licensed employee with an opportunity to respond in writing within 7 days and inform the licensed employee of his or her right to include any comments the employee deems appropriate. Any written response must be attached to the documentation of the action. a. Prior to disciplinary action. The superintendent or his/her designee will complete an informal inquiry regarding the incident(s) that includes the licensed employee s response to the allegation(s) involved. The inquiry must both establish and verify grounds for employee discipline that warrant this type of action. If the investigation was conducted at the building or site level, the case must be referred to the superintendent or his/her designee for review and approval. The superintendent or his/her designee will document the action. b. During disciplinary action. The superintendent or his/her designee will meet with the licensed employee within 7 days of the decision to take disciplinary action and: 1). State his/her reason(s) for proceeding with disciplinary action; 2). Reference any aggravating factors and mitigating factors that were considered prior to making the decision; and 3). Review the associated documentation with the licensed employee [BEA 5B(3)]. The superintendent or his/her designee will request written acknowledgement of receipt of the action, and if signature is refused, such refusal will be witnessed on the documentation [BEA 5B(3)]. c. After disciplinary action. The superintendent or his/her designee will provide the licensed employee with an opportunity to respond in writing within 7 days and inform the licensed employee of his or her right to include any comments the licensed employee deems appropriate [BEA 5B(4)]. Any written response must be attached to the documentation of the action [BEA 5B(4)]. 76

84 3. Support personnel: a. Prior to disciplinary action. The superintendent or his/her designee will complete an informal inquiry regarding the incident(s) that includes the classified employee s response to the allegation(s) involved. The inquiry must both establish and verify grounds for employee discipline that warrant this type of action. If the investigation was conducted at the building or site level, the case must be referred to the superintendent or his/her designee for review and approval. The superintendent or his/her designee will document the action. b. During disciplinary action. The superintendent or his/her designee will meet with the classified employee within 7 days of the decision to take disciplinary action and: 1). State his/her reason(s) for proceeding with disciplinary action; 2). Reference any aggravating factors and mitigating factors that were considered prior to making the decision; and 3). Review the associated documentation with the classified employee. The superintendent or his/her designee will request written acknowledgement of receipt of the action, and if signature is refused, such refusal will be witnessed on the documentation. c. After disciplinary action. The superintendent or his/her designee will provide the classified employee with an opportunity to respond in writing within 7 days and inform the classified employee of his or her right to include any comments the employee deems appropriate. Any written response must be attached to the documentation of the action. D. Documentation considerations. This formal action must be documented as follows: 1. Administrators: A district-approved template should be used. Documentation must contain the required elements (see Appendix J). 2. Teachers: See above. 3. Support personnel: See above. E. Post-action rights and responsibilities. Concerns for this formal action include the following: 1. Administrators: a. Disposition. The documentation involved will be retained in an Official Personnel File (OPF) in the central office in active status [BCSD and 401.5R1]. b. Review. The licensed employee shall have access to and shall be permitted to obtain copies of the following of his or her OPF, including, but not limited to, the following: Performance evaluations; disciplinary records; and other information concerning employer-employee relations [IA Code 91B.1(1); BCSD and 401.5R1]. However, such access is subject to all of the following conditions: 1). The employer and the licensed employee shall agree on the time of access [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 2). A representative of the employer may be present [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 3). The licensed employee shall not have access to employment references written for the licensed employee [IA Code 91B.1(2)(b); BCSD and 401.5R1]; and 4). The district may charge a reasonable fee for each page of a copy made by the employer for the licensed employee of an item in his or her file [IA Code 91B.1(2)(c); BCSD and 401.5R1]. The licensed employee must make the request for review of the file in writing. The review must be performed during normal business hours. c. Contest. The action may be contested using the defined procedure where applicable [BCSD 400 and 401.2]. Subsequent civil provisions may apply. No 77

85 record, document or communication concerning a grievance shall be placed in the file. 2. Teachers: a. Disposition. The documentation involved will be retained in an Official Personnel File (OPF) in the central office in active status [BCSD and 401.5R1; BEA 5B(3)]. b. Review. The licensed employee shall have access to and shall be permitted to obtain copies of the following of his or her OPF, including, but not limited to, the following: Performance evaluations; disciplinary records; and other information concerning employer-employee relations [IA Code 91B.1(1); BCSD and 401.5R1; BEA 5B(3)]. However, such access is subject to all of the following conditions: 1). The employer and the licensed employee shall agree on the time of access [IA Code 91B.1(2)(a); BCSD and 401.5R1; BEA 5B(3)]; 2). A representative of the employer may be present [IA Code 91B.1(2)(a); BCSD and 401.5R1; BEA 5B(3)]; 3). The licensed employee shall not have access to employment references written for the licensed employee [IA Code 91B.1(2)(b); BCSD and 401.5R1; BEA 5B(3)]; and 4). The district may charge a reasonable fee for each page of a copy made by the employer for the employee of an item in his or her file [IA Code 91B.1(2)(c); BCSD and 401.5R1; BEA 5B(3)]. The licensed employee must make the request for review of the file in writing. The review must be performed during normal business hours. The licensed employee may have an association representative accompany him or her during such review. c. Contest. The action may be contested using the defined procedure where applicable [IA Code 20.18; BCSD 400 and 401.2; BEA 2A et seq.]. Subsequent civil provisions may apply [IA Code 20.23]. No record, document or communication concerning a grievance shall be placed in the file. 3. Support personnel: a. Disposition. The documentation involved will be retained in an Official Personnel File (OPF) in the central office in active status [BCSD and 401.5R1]. b. Review. The classified employee shall have access to and shall be permitted to obtain copies of the following of his or her OPF, including, but not limited to, the following: Performance evaluations; disciplinary records; and other information concerning employer-employee relations [IA Code 91B.1(1); BCSD and 401.5R1]. However, such access is subject to all of the following conditions: 1). The employer and the classified employee shall agree on the time of access [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 2). A representative of the employer may be present [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 3). The classified employee shall not have access to employment references written for the classified employee [IA Code 91B.1(2)(b); BCSD and 401.5R1]; and 4). The district may charge a reasonable fee for each page of a copy made by the employer for the classified employee of an item in his or her file [IA Code 91B.1(2)(c); BCSD and 401.5R1]. The classified employee must make the request for review of the file in writing. The review must be performed during normal business hours. The classified employee may have an association representative accompany him or her during such review. c. Contest. The action may be contested using the defined procedure where applicable [IA Code 20.18; BCSD 400 and 401.2; UE 2A et seq.]. Subsequent civil provisions may apply [IA Code 20.23]. No record, document or communication concerning a grievance shall be placed in the file. 78

86 79

87 SUSPENSIONS A. Definition. A suspension is defined as a formal disciplinary action whereby an employee is involuntarily separated from service on a temporary basis with or without pay for a finite time period when the grounds for employee discipline involved warrant action that is more severe than an official reprimand, but a less severe than a discharge. It is the most severe type of formal employee discipline that is still compatible with continued employment and is meant to serve as a significant consequence for either a serious lapse of judgment or for misconduct of such concern that the district must ensure that the employee understands that a repeat incident is likely to result in discharge. This formal action requires the level of due process outlined in state statute and district policy by employee classification when used for disciplinary purposes. The district-approved procedure must be followed, and only the superintendent may issue this type of employee discipline. B. Overview. The superintendent or his/her designee will complete an investigation of the incident(s). The case facts should support a decision to take this type of formal employee discipline based on the employee's classification as follows: 1. Administrators: 2. Teachers: a. Disciplinary suspension. The superintendent is authorized to suspend a licensed employee for disciplinary purposes BCSD [301.2, 301.3, 302.3, 400 and 407.4]. It shall be within the discretion of the superintendent to suspend a licensed employee without pay [BCSD 301.2, 301.3, 302.3, 400 and 407.4]. In the event of a suspension, appropriate due process shall be followed [BCSD 301.2, and 407.4]. Prescribed time periods shall commence from the date of the receipt of any required notice(s). b. Administrative suspension. The superintendent is authorized to place a licensed employee on paid administrative leave (administrative suspension; not a disciplinary action) pending action by the Board of Directors on a discharge or for investigation of charges against the licensed employee [BCSD 301.2, 301.3, 302.3, 400 and 407.4It shall be within the discretion of the superintendent to place a licensed employee on administrative leave with pay [BCSD 301.2, 301.3, 302.3, 400 and 407.4]. In the event of administrative leave, appropriate due process shall be followed [BCSD 301.2, and 407.4]. Prescribed time periods shall commence from the date of the receipt of any required notice(s). a. Disciplinary suspension. The superintendent is authorized to suspend a licensed employee for disciplinary purposes [IA Code 20.7(3); BCSD and 407.4]. It shall be within the discretion of the superintendent to suspend a licensed employee without pay [BCSD and 407.4]. In the event of a suspension, appropriate due process shall be followed [BCSD 407.4]. Unless otherwise provided in IA Code 20.1 et seq., prescribed time periods shall commence from the date of the receipt of any required notice(s) [IA Code 20.24; [BCSD 407.4]. b. Administrative suspension. The superintendent is authorized to place a licensed employee on paid administrative leave (administrative suspension; not a disciplinary action) pending action by the Board of Directors on a discharge or for investigation of charges against the licensed employee [IA Code 20.7(3) and ; BCSD and 407.4]. It shall be within the discretion of the superintendent to place a licensed employee on administrative leave with pay [BCSD and 407.4]. In the event of administrative leave, appropriate due process shall be followed [BCSD 407.4]. Unless otherwise provided in IA Code 80

88 20.1 et seq., prescribed time periods shall commence from the date of the receipt of any required notice(s) [IA Code 20.24; BCSD 407.4]. 3. Support personnel: a. Disciplinary suspension. The superintendent is authorized to suspend a classified employee for disciplinary purposes [IA Code 20.7(3); BCSD and 413.3]. It shall be within the discretion of the superintendent to suspend a classified employee [without pay] [BCSD and 413.3]. In the event of a suspension, appropriate due process shall be followed [BCSD 413.3]. Unless otherwise provided in IA Code 20.1 et seq., prescribed time periods shall commence from the date of the receipt of any required notice(s) [IA Code 20.24; BCSD 413.3]. b. Administrative suspension. The superintendent is authorized to place a classified employee on paid administrative leave (administrative suspension; not a disciplinary action) pending action by the Board of Directors on a discharge or for investigation of charges against the classified employee [IA Code 20.7(3); BCSD and 413.3]. It shall be within the discretion of the superintendent to place a classified employee on administrative leave [with pay] [BCSD and 413.3]. In the event of administrative leave, appropriate due process shall be followed [BCSD 413.3]. Unless otherwise provided in IA Code 20.1 et seq., prescribed time periods shall commence from the date of the receipt of any required notice(s) [IA Code 20.24; BCSD 413.3]. C. Procedural considerations. An employee facing this type of discipline should receive the following: 1. Administrators: 2. Teachers: a. Disciplinary suspension. Before a licensed employee receives a disciplinary suspension, he or she shall be: 1). Provided with the reason(s) for the suspension; 2). Given an opportunity to respond; and 3). Given a decision of suspension [BCSD 400 and 407.4]. Notice of the suspension shall be in writing, but service thereof shall be sufficient if mailed by restricted certified mail, return receipt requested, addressed to the last known address of the intended recipient [BCSD 407.4]. Refusal of restricted certified mail by any party shall be considered service [BCSD 400 and 407.4]. Acceptance of service in lieu of mailed notice may be used [BCSD 400 and 407.4]. b. Administrative suspension. Before a licensed employee receives an administrative suspension, he or she shall be given notice of suspension [BCSD 400 and 407.4]. Notice of the suspension shall be in writing, but service thereof shall be sufficient if mailed by restricted certified mail, return receipt requested, addressed to the last known address of the intended recipient [BCSD 301.2, and 407.4]. Refusal of restricted certified mail by any party shall be considered service [BCSD 400 and 407.4]. Acceptance of service in lieu of mailed notice may be used [BCSD 400 and 407.4]. a. Disciplinary suspension. Before a licensed employee receives a disciplinary suspension, he or she shall be: 1). Provided with the reason(s) for the suspension; 2). Given an opportunity to respond; and 3). Given a decision of suspension [BCSD 407.4]. Notice of the suspension shall be in writing, but service thereof shall be sufficient if mailed by restricted certified mail, return receipt requested, addressed to the last known address of the intended recipient, unless otherwise provided in IA Code 20.1 et seq. [IA Code 20.24; BCSD 407.4]. Refusal of restricted certified mail by any party shall be considered service [IA Code 20.24; 81

89 [BCSD 407.4]. Acceptance of service in lieu of mailed notice may also be used [IA Code 20.24; [BCSD 407.4]. b. Administrative suspension. Before a licensed employee receives an administrative suspension, he or she shall be given notice of suspension [BCSD 407.4]. Notice of the suspension shall be in writing, but service thereof shall be sufficient if mailed by restricted certified mail, return receipt requested, addressed to the last known address of the intended recipient, unless otherwise provided in IA Code 20.1 et seq. [IA Code 20.24; [BCSD 407.4]. Refusal of restricted certified mail by any party shall be considered service [IA Code 20.24; BCSD 407.4]. Acceptance of service in lieu of mailed notice may be used [IA Code 20.24; [BCSD 407.4]. 3. Support personnel: a. Disciplinary suspension. Before a classified employee receives a disciplinary suspension, he or she shall be: 1). Provided with the reason(s) for the suspension; 2). Given an opportunity to respond; and 3). Given a decision of suspension [BCSD 413.3]. Notice of the suspension shall be in writing, but service thereof shall be sufficient if mailed by restricted certified mail, return receipt requested, addressed to the last known address of the intended recipient, unless otherwise provided in IA Code 20.1 et seq. [IA Code 20.24; BCSD 413.3]. Refusal of restricted certified mail by any party shall be considered service [IA Code 20.24; BCSD 413.3]. Acceptance of service in lieu of mailed notice may be used [IA Code 20.24; BCSD 413.3]. b. Administrative suspension. Before a classified employee receives an administrative suspension, he or she shall be given notice of suspension [BCSD 413.3]. Notice of the suspension shall be in writing, but service thereof shall be sufficient if mailed by restricted certified mail, return receipt requested, addressed to the last known address of the intended recipient, unless otherwise provided in IA Code 20.1 et seq. [IA Code 20.24; BCSD 413.3]. Refusal of restricted certified mail by any party shall be considered service [IA Code 20.24; BCSD 413.3]. Acceptance of service in lieu of mailed notice may be used [IA Code 20.24; BCSD 413.3]. D. Documentation considerations. This formal action must be documented as follows: 1. Administrators: 2. Teachers: a. Disciplinary suspension. A district-approved template should be used. Documentation must contain the required elements. b. Administrative suspension. A district-approved template should be used. Documentation must contain the required elements. c. Disciplinary suspension. See above. d. Administrative suspension. See above. 3. Support personnel: a. Disciplinary suspension. See above. b. Administrative suspension. See above. 82

90 E. Post-action rights and responsibilities. Concerns for this formal action include the following: 1. Administrators: 2. Teachers: a. Disciplinary suspension. i. Disposition. The documentation involved will be retained in an Official Personnel File (OPF) in the central office in active status [BCSD and 401.5R1]. ii. Review. The licensed employee shall have access to and shall be permitted to obtain copies of the following of his or her OPF, including, but not limited to, the following: Performance evaluations; disciplinary records; and other information concerning employer-employee relations [IA Code 91B.1(1); BCSD and 401.5R1]. However, such access is subject to all of the following conditions: 1). The employer and employee shall agree on the time of access [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 2). A representative of the employer may be present [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 3). The licensed employee shall not have access to employment references written for the employee [IA Code 91B.1(2)(b); BCSD and 401.5R1]; and 4). The district may charge a reasonable fee for each page of a copy made by the employer for the employee of an item in his or her file [IA Code 91B.1(2)(c); BCSD and 401.5R1]. b. Administrative suspension. i. Disposition. See above. ii. Review. See above. a. Disciplinary suspension. i. Disposition. The documentation involved will be retained in an Official Personnel File (OPF) in the central office in active status [BCSD and 401.5R1; BEA 5B(3)]. ii. Review. The licensed employee shall have access to and shall be permitted to obtain copies of the following of his or her OPF, including, but not limited to, the following: Performance evaluations; disciplinary records; and other information concerning employer-employee relations [IA Code 91B.1(1); BCSD and 401.5R1; BEA 5B(3)]. However, such access is subject to all of the following conditions: 1). The employer and employee shall agree on the time of access [IA Code 91B.1(2)(a); BCSD and 401.5R1; BEA 5B(3)]; 2). A representative of the employer may be present [IA Code 91B.1(2)(a); BCSD and 401.5R1; BEA 5B(3)]; 3). The licensed employee shall not have access to employment references written for the employee [IA Code 91B.1(2)(b); BCSD and 401.5R1; BEA 5B(3)]; and 4). The district may charge a reasonable fee for each page of a copy made by the employer for the employee of an item in his or her file [IA Code 91B.1(2)(c); BCSD and 401.5R1; BEA 5B(3)]. b. Administrative suspension. 83

91 i. Disposition. See above. ii. Review. See above. 3. Support personnel: a. Disciplinary suspension. i. Disposition. The documentation involved will be retained in an Official Personnel File (OPF) in the central office in active status [BCSD and 401.5R1]. ii. Review. The classified employee shall have access to and shall be permitted to obtain copies of the following of his or her OPF, including, but not limited to, the following: Performance evaluations; disciplinary records; and other information concerning employer-employee relations [IA Code 91B.1(1); BCSD and 401.5R1]. However, such access is subject to all of the following conditions: 1). The employer and the classified employee shall agree on the time of access [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 2). A representative of the employer may be present [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 3). The employee shall not have access to employment references written for the employee [IA Code 91B.1(2)(b); BCSD and 401.5R1]; and 4). The district may charge a reasonable fee for each page of a copy made by the employer for the employee of an item in his or her file [IA Code 91B.1(2)(c); BCSD and 401.5R1]. b. Administrative suspension. i. Disposition. See above. ii. Review. See above. 84

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93 DISCHARGES A. Definition. A discharge is defined as a formal disciplinary action whereby an employee is involuntarily separated from service on a permanent basis when the grounds for employee discipline involved warrant action that is more severe than a suspension. It is the most severe type of formal employee discipline and is typically taken when: 1). The issue of employee remediation is either no longer valid or is otherwise irrelevant; or 2). The misconduct involved is incompatible with initial or continued employment by the district. This formal disciplinary action requires the level of due process outlined in state statute and district policy for non-probationary and probationary ( tenure status ) administrators [IA Code and ; BCSD and 302.3], non-probationary and probationary ( tenure status ) teachers [IA Code through and ; BCSD 405.3, and 405.8] and support personnel [IA Code 20.1 et seq.]. The state and/or district-approved procedures must be followed, and only the Board of Education (licensed employees) or the superintendent (classified employees) may issue this type of employee discipline. B. Overview. The superintendent will complete an investigation of the incident(s). The case facts should support a decision to take this type of formal employee discipline based on the employee's classification as follows: 1. Administrators: An administrator may be discharged at any time during the contract year for just cause [IA Code ; BCSD and 302.3]. The applicable procedures of IA Code shall apply [IA Code ; BCSD and 302.3]. Prescribed time periods shall commence from the date of the receipt of any required notice(s). 2. Teachers: A teacher may be discharged at any time during the contract year for just cause [IA Code 20.7(3) and ; BCSD 407.4]. The procedure for discharge of a non-probationary teacher shall be as provided in IA Code (2) and to [IA Code ; BCSD and 407.4]. In the case of the termination of a probationary teacher's contract, the provisions of IA Code and shall apply [IA Code ; BCSD and 405.8]. Unless otherwise provided in IA Code 20.1 et seq., prescribed time periods shall commence from the date of the receipt of any required notice(s) [IA Code 20.24; BCSD 405.3, 405.4, and 407.4]. 3. Support personnel: A classified employee may be discharged by the superintendent immediately for cause [IA Code 20.7(3); BCSD and 413.4]. Due process procedures shall be followed [BCSD and 413.4]. Unless otherwise provided in IA Code 20.1 et seq., prescribed time periods shall commence from the date of the receipt of any required notice(s) [IA Code 20.24; BCSD 413.4]. C. Procedural considerations. An employee facing this type of discipline should receive the following: 1. Notice of pending action. a. Administrators: i. Non-probationary administrators: The Board of Directors may, by majority vote of the membership of the Board of Directors, cause the contract of an administrator to be terminated [IA Code (5); BCSD 204.8, and 302.3]. If the Board of Directors determines that it should consider the termination of a non-probationary administrator's contract, the administrator shall be notified in writing by a letter personally delivered (with acknowledgement of receipt) or mailed by certified mail that the Board of Directors has voted to consider termination of the contract [IA Code (5)(a); BCSD and 302.3]. The notification shall be complete when received by the administrator [IA Code (5)(a); 86

94 b. Teachers: BCSD and 302.3].The notice shall state the specific reason(s) to be used by the Board of Directors for considering termination which for all administrators except superintendents shall be for just cause [IA Code (5)(b); BCSD and 302.3]. ii. Probationary administrators: Not applicable [IA Code (4); BCSD 301.2, and 405.8]. i. Non-probationary teachers: The superintendent or his/her designee shall notify the teacher immediately that the superintendent will recommend in writing to the Board of Directors at a regular or special meeting of the Board of Directors held not more than fifteen (15) days after notification has been given to the teacher that his or her continuing contract be terminated effective immediately following a decision of the Board of Directors [IA Code ; BCSD 204.2, 204.3, 301.3, 405.3, and 407.4]. Notification of recommendation for termination of a teacher's contract shall be in writing and shall be personally delivered (with acknowledgement of receipt) to the teacher, or mailed by certified mail [IA Code and (2)(a); BCSD 405.3, and 407.4]. The notification shall be complete when received by the teacher [IA Code and (2)(a); BCSD 405.3, and 407.4]. The notification and the recommendation to terminate shall contain a short and plain statement of the reason(s), which shall be for just cause, why the recommendation is being made [IA Code (2)(a); BCSD 405.3, and 407.4]. The notification shall be given at or before the time the recommendation is given to the Board of Directors [IA Code (2)(a); BCSD 405.3, and 407.4]. As a part of the termination proceedings, the teacher's complete personnel file of employment by the Board of Directors shall be available to the teacher, which file shall contain a record of all periodic evaluations between the teacher and appropriate supervisors [IA Code (2)(b); BCSD 405.3, and 407.4]. ii. Probationary teachers: See above [IA Code ; BCSD 405.3, and 405.8]. c. Support personnel: Not applicable [IA Code 20.7(3); BCSD and 413.4]. 2. Request for conference or hearing. a. Administrators: i. Non-probationary administrators: Within five (5) days after receipt of the written notice that the Board of Directors has voted to consider termination of the contract, the administrator may request in writing to the secretary of the Board of Directors that the notification be forwarded to BOEE along with a request that the BOEE submit a list of 5 (five) qualified administrative law judges to the parties [IA Code (5)(c); BCSD 202.4, and 302.3]. Within three (3) days from receipt of the list from BOEE, the parties shall select an administrative law judge by alternately removing a name from the list until only one name remains [IA Code (5)(c); BCSD and 302.3]. The person whose name remains shall be the administrative law judge [IA Code (5)(c); BCSD 301.2]. The parties shall determine by lot which party shall remove the first name from the list [IA Code (5)(c); BCSD and 302.3]. ii. Probationary administrators: Not applicable [IA Code (4); BCSD 301.2, and 405.8]. 87

95 b. Teachers: i. Non-probationary teachers: Within five (5) days of the receipt of the written notice that the superintendent is recommending termination of the contract, the teacher may request, in writing to the secretary of the Board of Directors, a private hearing with the Board of Directors [IA Code (2)(c); BCSD 202.4, 204.4, and 407.4]. ii. Probationary teachers: See above [IA Code ; BCSD 405.3, and c. Support personnel: Not applicable [IA Code 20.7(3); BCSD and 413.4]. 3. Requirements for proceedings. a. Administrators: b. Teachers: i. Non-probationary administrators: If the administrator requests a hearing, the administrative law judge selected shall notify the secretary of the Board of Directors and the administrator in writing concerning the date, time, and location of the hearing [IA Code (5)(d); BCSD and 302.3]. The hearing shall be held no sooner than ten (10) days and not later than thirty (30) days following the administrator's request unless the parties otherwise agree [IA Code (5)(c); BCSD 204.4, and 302.3]. The Board of Directors may be represented by a legal representative, if any, and the administrator shall appear and may be represented by counsel or by representative, if any [IA Code (5)(d) and ; BCSD 203.6, and 302.3]. A transcript or recording shall be made of the proceedings at the hearing [IA Code (5)(d); BCSD , 301.2, and 708]. Neither the Board of Directors member nor the administrator are liable for any damage to the other party if a statement made at the hearing is determined to be erroneous as long as the statement was made in good faith [IA Code 20.23, (5)(d) and et seq.; BCSD and 302.3]. If the administrator does not request a hearing, the Board of Directors may determine the continuance or discontinuance of the contract and, if the Board of Directors determines to continue the administrator's contract, whether to suspend the administrator with or without pay for a period specified by the Board of Directors [IA Code (5)(c); BCSD and 302.3]. The action of the Board of Directors shall be by majority roll call vote entered on the minutes of the meeting [IA Code (5)(c); BCSD 204.8, and and 302.3]. Notice of school Board of Directors action shall be personally delivered or mailed to the administrator [IA Code (5)(c); BCSD and 302.3]. ii. Probationary administrators: Not applicable [IA Code (4); BCSD 301.2, and 405.8]. i. Non-probationary teachers: If the teacher requests a hearing, the private hearing shall not be subject to IA Code 21.1 et seq. and shall be held no sooner than ten (10) days and no later than twenty (20) days following the receipt of the request unless the parties otherwise agree [IA Code (2)(c); BCSD 204.4, 405.3, and 407.4]. The secretary of the Board of Directors shall notify the teacher in writing of the date, time, and location of the private hearing, and at least five (5) days before the 88

96 hearing shall also furnish to the teacher any documentation which may be presented to the Board of Directors at the private hearing and a list of persons who may address the Board of Directors in support of the superintendent's recommendation at the private hearing [IA Code (2)(c); BCSD 204.4, 301.3, 405.3, and 407.4]. At least three (3) days before the hearing, the teacher shall provide any documentation the teacher expects to present at the private hearing, along with the names of any persons who may address the Board of Directors on behalf of the teacher [IA Code (2)(c); BCSD 204.4, 405.3, and 407.4]. This exchange of information shall be at the time specified unless otherwise agreed [IA Code (2)(c); BCSD 405.3, and 407.4]. The participants at the private hearing shall be at least a majority of the members of the Board of Directors, their legal representatives, if any, the superintendent, the superintendent's designated representatives, if any, the teacher's immediate supervisor, the teacher, the teacher's representatives, if any, and the witnesses for the parties [IA Code (1); BCSD 203.6, 204.4, 204.8, 301.3, 405.3, and 407.4]. The evidence at the private hearing shall be limited to the specific reason(s) stated in the superintendent's notice of recommendation of termination [IA Code (1); BCSD 204.4, 301.3, 405.3, and 407.4]. No participant in the hearing shall be liable for any damages to any person if any statement at the hearing is determined to be erroneous as long as the statement was made in good faith [IA Code 20.23, (1) and et seq.; BCSD 405.3, and 407.4]. The superintendent shall present evidence and argument on all issues involved and the teacher may cross-examine, respond and present evidence and argument in the teacher's behalf relevant to all issues involved [IA Code (1); BCSD 301.3, 405.3, and 407.4]. Evidence may be by stipulation of the parties and informal settlement may be made by stipulation, consent, or default or by any other method agreed upon by the parties in writing [IA Code (1); BCSD 405.3, and 407.4]. The Board of Directors shall employ a certified shorthand reporter to keep a record of the private hearing [IA Code (1); BCSD 204.4, , 405.3, 405.4, and 708]. The proceedings or any part thereof shall be transcribed at the request of either party with the expense of transcription charged to the requesting party [IA Code (1); BCSD 405.3, and 407.4]. The presiding officer of the Board of Directors may administer oaths in the same manner and with like effect and under the same penalties as in the case of magistrates exercising criminal or civil jurisdiction [IA Code (2); BCSD 405.3, and 407.4]. The Board of Directors shall cause subpoenas to be issued for such witnesses and the production of such books and papers as either the Board of Directors or the teacher may designate [IA Code (2); BCSD 405.3, and 407.4]. The subpoenas shall be signed by the presiding officer of the Board of Directors [IA Code (2); BCSD 405.3, and 407.4]. In case a witness is duly subpoenaed and refuses to attend, or in case a witness appears and refuses to testify or to produce required books or papers, the Board of Directors shall, in writing, report such refusal to the district court of the county in which the administrative office of the district is located, and the court shall proceed with the person or witness as though the refusal had occurred in a proceeding legally pending before the court [IA Code (3); BCSD 405.3, and 407.4]. The Board of Directors shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, but it shall hold the hearing in such manner as is best suited to ascertain and conserve the substantial rights of the parties [IA Code (4); BCSD 405.3, and 407.4]. Process and 89

97 procedure under IA Code to shall be as summary as reasonably may be [IA Code (4); BCSD 405.3, and 407.4]. At the conclusion of the private hearing, the superintendent and the teacher may file written briefs and arguments with the Board of Directors within three (3) days or such other time as may be agreed upon [IA Code (5); BCSD 204.4, 301.3, 405.3, and 407.4]. Within five (5) days after the private hearing, the Board of Directors shall, in executive session, meet to make a final decision upon the recommendation and the evidence as herein provided [IA Code (7); BCSD 204.4, 405.3, and 407.4]. The Board of Directors shall also consider any written brief and arguments submitted by the superintendent and the teacher [IA Code (7); BCSD 301.3, 405.3, and 407.4]. The record for a private hearing shall include: All pleadings, motions and intermediate rulings; all evidence received or considered and all other submissions; a statement of all matters officially noticed; all questions and offers of proof, objections and rulings thereon; all findings and exceptions; any decision, opinion, or conclusion by the Board of Directors [IA Code (8)(a) through (g); BCSD 204.4, , 405.3, 405.4, and 708]. Findings of fact shall be based solely on the evidence in the record and on matters officially noticed in the record [IA Code (8)(g); BCSD , 405.3, 405.4, and 708]. If the teacher fails to timely request a private hearing or does not appear at the private hearing, the Board of Directors may proceed and make a determination upon the superintendent's recommendation [IA Code (6); BCSD 204.4, 301.3, 405.3, and 407.4]. The Board of Directors shall convene in open session and by roll call vote determine the termination or continuance of the teacher's contract and, if the Board of Directors votes to continue the teacher's contract, whether to suspend the teacher with or without pay for a period specified by the Board of Directors [IA Code (6); BCSD 204.1, 405.3, and 407.4]. ii. Probationary teachers: See above [IA Code ; BCSD 405.3, and c. Support personnel: It shall be the responsibility of the superintendent to make a recommendation for dismissal to the Board of Directors [BCSD 301.3, and 413.4]. 4. Notice of action. a. Administrators: i. Non-probationary administrators: The administrative law judge shall, within ten (10) days following the date of the hearing, make a proposed decision as to whether or not the administrator should be dismissed, and shall give a copy of the proposed decision to the administrator and the Board of Directors [IA Code (5)(e); BCSD and 302.3]. Findings of fact shall be prepared by the administrative law judge [IA Code (5)(e); BCSD and 302.3]. The proposed decision of the administrative law judge shall become the final decision of the Board of Directors unless within ten (10) days after the filing of the decision, the administrator files a written notice of appeal with the Board of Directors, or the Board of Directors on its own motion determines to review the decision [IA Code (5)(e); BCSD and 302.3]. ii. Probationary administrators: If the Board of Directors determines that it should terminate a probationary administrator's contract, the Board of Directors shall notify the administrator [IA Code (4); BCSD 301.2, 90

98 b. Teachers: and 405.8]. The notice shall be in writing by letter, personally delivered, or mailed by certified mail [IA Code (4); BCSD and 302.3]. The notification shall be complete when received by the administrator [IA Code (4); BCSD and 302.3]. i. Non-probationary teachers: The decision of the Board of Directors shall be in writing and shall include findings of fact and conclusions of law, separately stated [IA Code (9); BCSD 405.3, and 407.4]. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts and supporting the findings [IA Code (9); BCSD 405.3, and 407.4]. Each conclusion of law shall be supported by cited authority or by reasoned opinion [IA Code (9); BCSD 405.3, and 407.4]. When the Board of Directors has reached a decision, opinion, or conclusion, it shall convene in open meeting and by roll call vote determine the continuance or discontinuance of the teacher's contract and, if the Board of Directors votes to continue the teacher's contract, whether to suspend the teacher with or without pay for a period specified by the Board of Directors [IA Code (10); BCSD 204.1, 405.3, and 407.4]. The secretary of the Board of Directors shall immediately mail notice of the action of the Board of Directors to the teacher [IA Code and (10); BCSD 202.4, 405.3, and 407.4]. ii. Probationary teachers: See above [IA Code ; BCSD 405.3, and 405.8]. c. Support personnel: Notice of discharge shall be in writing, and service thereof shall be sufficient if mailed by restricted certified mail, return receipt requested, addressed to the last known address of the intended recipient, unless otherwise provided in IA Code 20.1 et seq. [IA Code 20.24; BCSD 413.4]. Refusal of restricted certified mail by any party shall be considered service [IA Code 20.24; BCSD 413.4]. Acceptance of service in lieu of mailed notice may also be used [IA Code 20.24; BCSD 413.4]. D. Documentation considerations. This formal action must be documented as follows: 1. Administrators: District-approved templates should be used. Documentation must contain the required elements. 2. Teachers: See above. 3. Support personnel: See above. E. Post-action rights and responsibilities. Concerns for this formal action include the following: 1. Administrators: a. Non-probationary administrators: i. Disposition. The documentation involved will be retained in an Official Personnel File (OPF) in the central office in inactive status for a minimum of 7 (seven) years after discharge before being preserved permanently [BCSD 401.5, 401.5R1 and 708]. ii. Review. An employee shall have access to and shall be permitted to obtain a copy of his or her OPF, including, but not limited to, the following: Performance evaluations; disciplinary records; and other information concerning employer-employee relations [IA Code 91B.1(1); BCSD and 401.5R1]. However, such access is subject to all of the following 91

99 iii. iv. conditions: 1). The employer and employee shall agree on the time of access [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 2). A representative of the employer may be present [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 3). An employee shall not have access to employment references written for the employee [IA Code 91B.1(2)(b); BCSD and 401.5R1]; and 4). An employer may charge a reasonable fee for each page of a copy made by the employer for the employee of an item in his or her file [IA Code 91B.1(2)(c); BCSD and 401.5R1]. Optional provisions may include, but are not limited to, the following: The licensed employee must make the request for review of the file in writing. The review must be performed during normal business hours. The licensed employee may have an association representative accompany him or her during such review. Inquiries. As confidential records, only limited portions of the file are available to the public without the prior written consent of the employee. The record of the private conference and findings of fact and exceptions shall be exempt from the provisions of IA Code 22.1 et seq. [IA Code (5)(h); BCSD 204.4, 401.5, 401.5R1 and 901]. Optional provisions include the following: An access log must be maintained for the file. The licensed employee must be notified of any public inquiries regarding his or her file. The licensed employee must be afforded an opportunity to be present during any inspection of the file by a member of the public. Contest. If the administrator appeals to the Board of Directors, or if the Board of Directors determines on its own motion to review the proposed decision of the administrative law judge, a private hearing shall be held before the Board of Directors within five (5) days after the petition for review, or motion for review, has been made or at such other time as the parties agree [IA Code (5)(f); BCSD 204.4, and 302.3]. The private hearing is not subject to IA Code 21.1 et seq. [IA Code (5)(f); BCSD 204.4, and 302.3]. The Board of Directors may hear the case de novo upon the record as submitted before the administrative law judge [IA Code (5)(f); BCSD , 301.2, and 708]. In cases where there is an appeal from a proposed decision or where a proposed decision is reviewed on motion of the Board of Directors, an opportunity shall be afforded to each party to file exceptions, present briefs, and present oral arguments to the Board of Directors which is to render the final decision [IA Code (5)(f); BCSD and 302.3]. The secretary of the Board of Directors shall give the administrator written notice of the time, place, and date of the hearing [IA Code (5)(f); BCSD 202.4, and 302.3]. The Board of Directors shall meet within five (5) days after the hearing to determine the question of continuance or discontinuance of the contract and, if the Board of Directors determines to continue the administrator's contract, whether to suspend the administrator with or without pay for a period specified by the Board of Directors [IA Code (5)(f); BCSD and 302.3]. The Board of Directors shall make findings of fact which shall be based solely on the evidence in the record and on matters officially noticed in the record [IA Code (5)(f); BCSD , 301.2, and 708]. The decision of the Board of Directors shall be in writing and shall include findings of fact and conclusions of law, separately stated [IA Code (5)(g); BCSD and 302.3]. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings [IA Code (5)(g); BCSD and 302.3]. Each conclusion of law shall be supported by cited authority or by reasoned opinion [IA Code (5)(g); BCSD and 302.3]. When the Board of Directors has reached a decision, opinion, or conclusion, it 92

100 2. Teachers: shall convene in open meeting and by roll call vote determine the continuance or discontinuance of the administrator's contract and, if the Board of Directors votes to continue the administrator's contract, whether to suspend the administrator with or without pay for a period specified by the Board of Directors [IA Code (5)(h); BCSD 204.1, and 302.3]. The secretary of the Board of Directors shall immediately personally deliver or mail notice of the action of the Board of Directors to the administrator [IA Code (5)(h); BCSD 202.4, and 302.3].The administrator may within thirty (30) days after notification by the Board of Directors of discontinuance of the contract appeal to the district court of the county in which the administrative office of the district is located [IA Code (5)(i); BCSD and 302.3].The court may affirm the action of the Board of Directors [IA Code (6); BCSD and 302.3]. The court shall reverse, modify, or grant any other appropriate relief from the action of the Board of Directors, equitable or legal, and including declaratory relief, if substantial rights of the administrator have been prejudiced because the action of the Board of Directors is any of the following: In violation of constitutional or statutory provisions [IA Code (6)(a); BCSD and 302.3]; in excess of the statutory authority of the Board of Directors [IA Code (6)(b); BCSD 301.2]; in violation of s policy or rule of the Board of Directors [IA Code (6)(c); BCSD and 302.3]; made upon unlawful procedure [IA Code (6)(d); BCSD and 302.3]; affected by other error of law [IA Code (6)(e); BCSD and 302.3]; unsupported by a preponderance of the evidence in the record made before the Board of Directors when that record is reviewed as a whole [IA Code (6)(f); BCSD , 301.2, and 708]; or unreasonable, arbitrary, or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion [IA Code (6)(g); BCSD 301.2, and 302.3]. v. Expiration. Not applicable. vi. Withdrawal. Not applicable. b. Probationary administrators: i. Disposition. See above. ii. Review. See above. iii. Inquiries. See above. iii. Contest. Within ten (10) days after receiving the notice, the administrator may request a private conference with the Board of Directors to discuss the reason(s) for termination [IA Code (4); BCSD 204.4, and 302.3]. The decision of the Board of Directors to terminate a probationary administrator's contract shall be final unless the termination was based upon an alleged violation of a constitutionally guaranteed right of the administrator [IA Code (4); BCSD 301.2, and 405.8]. iv. Expiration. See above. v. Withdrawal. See above. a. Non-probationary teachers: i. Disposition. The documentation involved will be retained in an Official Personnel File (OPF) in the central office in inactive status for a minimum of 7 (seven) years after discharge before being preserved permanently [BCSD 401.5, 401.5R1 and 708; BEA 5B(1) and (3)]. 93

101 ii. iii. iv. Review. An employee shall have access to and shall be permitted to obtain a copy of his or her personnel file, including, but not limited to, the following: Performance evaluations; disciplinary records; and other information concerning employer-employee relations [IA Code 91B.1(1); BCSD and 401.5R1; BEA 5B(3)]. However, such access is subject to all of the following conditions: 1). The employer and employee shall agree on the time of access [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 2). A representative of the employer may be present [IA Code 91B.1(2)(a); BCSD and 401.5R1; BEA 5B(3)]; 3). An employee shall not have access to employment references written for the employee [IA Code 91B.1(2)(b); BCSD and 401.5R1; BEA 5B(3)]; and 4). An employer may charge a reasonable fee for each page of a copy made by the employer for the employee of an item in his or her file [IA Code 91B.1(2)(c); BCSD and 401.5R1; BEA 5B(3)]. Inquiries. As confidential records, only limited portions of the file are available to the public without the prior written consent of the employee. The record of the private conference and findings of fact and exceptions shall be exempt from the provisions of IA Code 22.1 et seq. [IA Code (10); BCSD 204.4, 401.5, 401.5R1 and 901]. Contest. If the teacher is no longer a probationary teacher, the teacher may, within ten (10) days, appeal the determination of the board to an adjudicator by filing a notice of appeal with the secretary of the Board of Directors [IA Code (1); BCSD 202.4, 405.3, and 407.4]. The notice of appeal shall contain a concise statement of the action which is the subject of the appeal, the particular Board of Directors action appealed from, the grounds on which relief is sought and the relief sought [IA Code (1); BCSD 405.3, and 407.4]. Within five (5) days following receipt by the secretary of the notice of appeal, the Board of Directors or the board s legal representative, if any, and the teacher or the teacher's representative, if any, may select an adjudicator who resides within the boundaries of the merged area in which the district is located [IA Code (2); BCSD 202.4, 405.3, and 407.4]. If an adjudicator cannot be mutually agreed upon within the five (5) days period, the secretary shall notify the chairperson of the Public Employment Relations Board by transmitting the notice of appeal, and the chairperson of the Public Employment Relations Board shall within five (5) days provide a list of five adjudicators to the parties [IA Code 20.1, 20.5, 20.6 and (2); BCSD 202.4, 405.3, and 407.4]. Within three (3) days from receipt of the list of adjudicators, the parties shall select an adjudicator by alternately removing a name from the list until only one name remains [IA Code (2); BCSD and 407.4]. The person whose name remains shall be the adjudicator [IA Code (2); BCSD 405.3, and 407.4]. The parties shall determine by lot which party shall remove the first name from the list submitted by the chairperson of the Public Employment Relations Board [IA Code (2); BCSD 405.3, and 407.4]. The secretary of the Board of Directors shall inform the chairperson of the Public Employment Relations Board of the name of the adjudicator selected [IA Code (2); BCSD 202.4, 405.3, and 407.4]. If the teacher does not timely request an appeal to an adjudicator the decision, opinion, or conclusion of the Board of Directors shall become final and binding [IA Code (3); BCSD 405.3, and 407.4]. Within thirty (30) days after filing the notice of appeal, or within further time allowed by the adjudicator, the Board of Directors shall transmit to the adjudicator the original or a certified copy of the entire record of the private hearing which may be the subject of the petition [IA Code (4)(a); BCSD 204.4, , 405.3, 405.4, and 708]. By stipulation of the 94

102 parties to review the proceedings, the record of the case may be shortened IA Code (4)(a); BCSD , 405.3, 405.4, and 708]. The adjudicator may require or permit subsequent corrections or additions to the shortened record [IA Code (4)(a); BCSD , 405.3, 405.4, and 708]. The record certified and filed by the Board of Directors shall be the record upon which the appeal shall be heard and no additional evidence shall be heard by the adjudicator [IA Code (4)(b); BCSD , 405.3, and 407.4]. In such appeal to the adjudicator, especially when considering the credibility of witnesses, the adjudicator shall give weight to the fact findings of the Board of Directors; but shall not be bound by them [IA Code (4)(b); BCSD and 407.4].Before the date set for hearing a petition for review of Board of Directors action, which shall be within ten (10) days after receipt of the record unless otherwise agreed or unless the adjudicator orders additional evidence be taken before the Board of Directors, application may be made to the adjudicator for leave to present evidence in addition to that found in the record of the case [IA Code (5); BCSD , 405.3, 405.4, and 708]. If it is shown to the adjudicator that the additional evidence is material and that there were good reasons for failure to present it in the private hearing before the Board of Directors, the adjudicator may order that the additional evidence be taken before the Board of Directors upon conditions determined by the adjudicator [IA Code (5); BCSD 204.4, 405.3, and 407.4]. The Board of Directors may modify its findings and decision in the case by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions, with the adjudicator and mail copies of the new findings or decisions to the teacher [IA Code (5); BCSD 405.3, and 407.4]. The adjudicator may affirm Board of Directors action or remand to the Board of Directors for further proceedings [IA Code (6); BCSD 405.3, and 407.4]. The adjudicator shall reverse, modify, or grant any appropriate relief from the Board of Directors action if substantial rights of the teacher have been prejudiced because the Board of Directors action is: In violation of a Board of Directors rule or policy or contract [IA Code (6)(a); BCSD 405.3, and 407.4] ; unsupported by a preponderance of the competent evidence in the record made before the Board of Directors when that record is viewed as a whole [IA Code (6)(b); BCSD , 405.3, 405.4, and 708] ; or unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion [IA Code (6)(c); BCSD 405.3, and 407.4].The adjudicator shall, within fifteen (15) days after the hearing, make a decision and shall give a copy of the decision to the teacher and the secretary of the Board of Directors [IA Code (7); BCSD 405.3, and 407.4]. The decision of the adjudicator shall become the final and binding decision of the Board of Directors unless either party within ten (10) days notifies the secretary of the Board of Directors that the decision is rejected [IA Code (7); BCSD 202.4, 405.3, and 407.4].The Board of Directors may reject the decision by majority vote, by roll call, in open meeting and entered into the minutes of the meeting [IA Code (7); BCSD 204.1, 204.8, , 405.3, and 407.4]. The Board of Directors shall immediately notify the teacher of its decision by certified mail [IA Code (7); BCSD and 407.4]. The teacher may reject the adjudicator's decision by notifying the secretary of the Board of Directors in writing within ten (10) days of the filing of such decision [IA Code (7); BCSD 202.4, 405.3, and 407.4].All costs of the adjudicator shall be shared equally by the teacher and the Board of Directors decision [IA Code (8); BCSD 405.3, 95

103 405.4 and 407.4]. If either party rejects the adjudicator's decision, the rejecting party shall, within thirty (30) days of the initial filing of such decision, appeal to the district court of the county in which the administrative office of the district is located [IA Code (1); BCSD 405.3, and 407.4]. The notice of appeal shall be immediately mailed by certified mail to the other party [IA Code (1); BCSD 405.3, and 407.4]. The adjudicator shall transmit to the reviewing court the original or a certified copy of the entire record which may be the subject of the petition [IA Code (1); BCSD , 405.3, 405.4, and 708]. By stipulation of all parties to the review proceedings, the record of such a case may be shortened [IA Code (1); BCSD , 405.3, 405.4, 407.4and 708]. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional cost [IA Code (1); BCSD , 405.3, 405.4, and 708]. The court may require or permit subsequent corrections or additions to the shortened record [IA Code (1); BCSD , 405.3, 405.4, 407.4and 708]. In proceedings for judicial review of the adjudicator's decision, the court shall not hear any further evidence but shall hear the case upon the certified record [IA Code (2); BCSD , 405.3, 405.4, 407.4and 708]. In such judicial review, especially when considering the credibility of witnesses, the court shall give weight to the fact findings of the Board of Directors, but shall not be bound by them [IA Code (2); BCSD 405.3, and 407.4]. The court may affirm the adjudicator's decision or remand to the adjudicator or the Board of Directors for further proceedings upon conditions determined by the court [IA Code (2); BCSD 405.3, and 407.4]. The court shall reverse, modify, or grant any other appropriate relief from the decision of the Board of Directors or the adjudicator's decision equitable or legal and including declaratory relief if substantial rights of the petitioner have been prejudiced because the action is: In violation of constitutional or statutory provisions [IA Code (2)(a); BCSD 405.3, and 407.4]; in excess of the statutory authority of the board or the adjudicator [IA Code (2)(b); BCSD 405.3, and 407.4]; in violation of a Board of Directors rule or policy or contract [IA Code (2)(c); BCSD 405.3, and 407.4]; made upon unlawful procedure [IA Code (2)(d); BCSD and 407.4]; affected by other error of law [IA Code (2)(e); BCSD 405.3, and 407.4]; unsupported by a preponderance of the competent evidence in the record made before the Board of Directors and the adjudicator when that record is viewed as a whole [IA Code (2)(f); BCSD , 405.3, 405.4, and 708]; or unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion [IA Code (2)(g); BCSD 405.3, and 407.4]. An aggrieved or adversely affected party to the judicial review proceeding may obtain a review of any final judgment of the district court by appeal to the supreme court [IA Code (3); BCSD 405.3, and 407.4]. The appeal shall be taken as in other civil cases, although the appeal may be taken regardless of the amount involved [IA Code (3); BCSD 405.3, and 407.4]. v. Expiration. Not applicable. vi. Withdrawal. Not applicable. b. Probationary teachers: i. Disposition. See above. ii. Review. See above. iii. Inquiries. See above. 96

104 3. Support personnel: i. Contest. The decision of the Board of Directors shall be final and binding unless the termination was based upon an alleged violation of a constitutionally guaranteed right of the probationary teacher or an alleged violation of the public employee rights of the probationary teacher under IA Code [IA Code ; BCSD 405.3, and 405.8]. iv. Expiration. Not applicable. v. Withdrawal. Not applicable. a. Disposition. The documentation involved will be retained in an Official Personnel File (OPF) in the central office in inactive status for a minimum of 7 (seven) years after discharge before being preserved permanently [BCSD 401.5, 401.5R1 and 708]. b. Review. An employee shall have access to and shall be permitted to obtain a copy of his or her personnel file, including, but not limited to, the following: Performance evaluations; disciplinary records; and other information concerning employer-employee relations [IA Code 91B.1(1); BCSD and 401.5R1]. However, such access is subject to all of the following conditions: 1). The employer and employee shall agree on the time of access [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 2). A representative of the employer may be present [IA Code 91B.1(2)(a); BCSD and 401.5R1]; 3). An employee shall not have access to employment references written for the employee [IA Code 91B.1(2)(b); BCSD and 401.5R1]; and 4). An employer may charge a reasonable fee for each page of a copy made by the employer for the employee of an item in his or her file [IA Code 91B.1(2)(c); BCSD and 401.5R1]. c. Inquiries. As confidential records, only limited portions of the file are available to the public without the prior written consent of the employee [IA Code 22.1 et seq.; BCSD 204.4, 401.5, 401.5R1 and 901]. d. Contest. The action may be contested using the defined procedure where applicable [IA Code 20.18; BCSD 400, and 413.4; UE 2A et seq.]. Subsequent civil provisions may apply [IA Code 20.23]. e. Expiration. Not applicable. f. Withdrawal. Not applicable. 97

105 APPENDIX A IOWA BOARD OF EDUCATION EXAMINERS A. Duties and powers of BOEE. Under Iowa statute, the Board of Educational Examiners (BOEE) has the exclusive authority to: 1. License practitioners, which includes the authority to: Establish criteria for the licenses; establish issuance and renewal requirements; create application and renewal forms; create licenses that authorize different instructional functions or specialties; develop a code of professional rights and responsibilities, practices, and ethics, which shall, among other things, address the failure of a practitioner to fulfill contractual obligations under IA Code ; and develop any other classifications, distinctions, and procedures which may be necessary to exercise licensing duties. In addressing the failure of a practitioner to fulfill contractual obligations, BOEE shall consider factors beyond the practitioner's control [IA Code 272.2(1)(a); BCSD 301.1, 302.2, 405.1, and 410.1]. 2. Provide annually to any person who holds a license, certificate, authorization, or statement of recognition issued by BOEE, training relating to the knowledge and understanding of BOEE's Code of Professional Conduct and Ethics. The BOEE shall develop a curriculum that addresses the Code of Professional Conduct and Ethics and shall annually provide regional training opportunities throughout the state [IA Code 272.2(1)(b)]. 3. Enforce rules adopted by BOEE through revocation or suspension of a license, or by other disciplinary action against a practitioner or professional development program licensed by the Board of Educational Examiners. The BOEE shall designate who may or shall initiate a licensee disciplinary investigation and a licensee disciplinary proceeding, and who shall prosecute a disciplinary proceeding and under what conditions, and shall state the procedures for review by BOEE of findings of fact if a majority of BOEE does not hear the disciplinary proceeding. However, in a case alleging failure of a practitioner to fulfill contractual obligations, the person who files a complaint with BOEE, or the complainant's designee, shall represent the complainant in a disciplinary hearing conducted in accordance with IA Code et seq. [IA Code 272.2(4) and 272.7]. 4. Hear appeals regarding application, renewal, suspension, or revocation of a license. Board action is final agency action for purposes of IA Code 17A.1 et seq. [IA Code 272.2(8) and 272.7]. 5. Establish standards for the determination of whether an applicant is qualified to perform the duties required for a given license [IA Code 272.2(9)]. 6. Issue statements of professional recognition to school service personnel who have attained a minimum of a baccalaureate degree and who are licensed by another professional licensing BOEE, including but not limited to athletic trainers licensed under IA Code 152D.1 et seq. [IA Code 272.2(10) and IA Code ]. The BOEE may adopt rules for practitioners who are not eligible for a statement of professional recognition under IA Code 272.2(10), but have received a baccalaureate degree and provide a service to students at any or all levels from prekindergarten through grade twelve for a district, accredited nonpublic school, area education agency, or preschool program established pursuant to IA Code 256C.1 et seq. [IA Code 272.2(18)]. 7. Make recommendations to the state BOEE of education concerning standards for the approval of professional development programs [IA Code 272.2(11)]. 8. Adopt rules to provide for nontraditional preparation options for licensing persons who hold a bachelor's degree from an accredited college or university, who do not meet other requirements for licensure [IA Code 272.2(13)]. 9. Adopt rules to determine whether an applicant is qualified to perform the duties for which a license is sought that include all of the following: The BOEE may deny a license to or revoke the license of a person upon BOEE's finding by a preponderance of evidence that either the person has been convicted of a crime or that there has been a founded report of child abuse against the person. Rules adopted in accordance with this paragraph shall 98

106 provide that in determining whether a person should be denied a license or that a practitioner's license should be revoked, BOEE shall consider the nature and seriousness of the founded abuse or crime in relation to the position sought, the time elapsed since the crime was committed, the degree of rehabilitation which has taken place since the incidence of founded abuse or the commission of the crime, the likelihood that the person will commit the same abuse or crime again, and the number of founded abuses committed by or criminal convictions of the person involved [IA Code 272.2(14)(a)]. 10. Disqualify an applicant for a license or to revoke the license of any person for the following reasons in accordance with the rules adopted pursuant to IA Code 272.2(14)(a) [IA Code (b)]: a. The person entered a plea of guilty to, or has been found guilty of, any of the following offenses, whether or not a sentence is imposed [IA Code (b)(1)]. i. Any of the following forcible felonies included in IA Code : child endangerment; assault; murder; sexual abuse; or kidnapping [IA Code 272.2(14)(b)(1)(a)]. ii. Any of the following sexual abuse offenses, as provided in IA Code involving a child [IA Code 272.2(14)(b)(1)(b)]: first, second, or third degree sexual abuse committed on or with a person who is under the age of eighteen years [IA Code 272.2(14)(b)(1)(b)(i)]; lascivious acts with a child [IA Code 272.2(14)(b)(1)(b)(ii)]; assault with intent to commit sexual abuse [IA Code 272.2(14)(b)(1)(b)(iii)]; indecent contact with a child [IA Code 272.2(14)(b)(1)(b)(iv)]; sexual exploitation by a counselor [IA Code 272.2(14)(b)(1)(b)(v)]; lascivious conduct with a minor [IA Code 272.2(14)(b)(1)(b)(vi)]; or sexual exploitation by a school employee [IA Code 272.2(14)(b)(1)(b)(vii)]. iii. Enticing a minor under IA Code [IA Code 272.2(14)(b)(1)(c)]. iv. Human trafficking under IA Code 710A.2 [IA Code 272.2(14)(b)(1)(d)]. v. Incest involving a child under IA Code [IA Code 272.2(14)(b)(1)(e)]. vi. Dissemination and exhibition of obscene material to minors under IA Code [IA Code 272.2(14)(b)(1)(f)]. vii. Telephone dissemination of obscene material to minors under IA Code [IA Code 272.2(14)(b)(1)(g)]. viii. Any offense specified in the laws of another jurisdiction, or any offense that may be prosecuted in federal, military, or foreign court, that is comparable to an offense listed in IA Code 272.2(14)(b)(1) [IA Code 272.2(14)(b)(1)(h)]. ix. Any offense under prior laws of this state or another jurisdiction, or any offense under prior law that was prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in IA Code 272.2(14)(b)(1) [IA Code 272.2(14)(b)(1)(i)]. b. The applicant is less than 21 (twenty-one) years of age except as provided in IA Code (1)(e); however, a student enrolled in a practitioner preparation program who meets BOEE requirements for a temporary, limited-purpose license who is seeking to teach as part of a practicum or internship may be less than 21 (twenty-one) years of age [IA Code 272.2(14)(2)]. c. The applicant's application is fraudulent [IA Code 272.2(14)(b)(3)]. d. The applicant's license or certification from another state is suspended or revoked [IA Code 272.2(14)(b)(4)]. e. The applicant fails to meet BOEE standards for application for an initial or renewed license [IA Code 272.2(14)(b)(5)]. 99

107 11. Adopt rules that require specificity in written complaints that are filed by individuals who have personal knowledge of an alleged violation and which are accepted by BOEE, provide that the jurisdictional requirements as set by BOEE in administrative rule are met on the face of the complaint before initiating an investigation of allegations, provide that any investigation be limited to the allegations contained on the face of the complaint, provide for an adequate interval between the receipt of a complaint and public notice of the complaint, permit parties to a complaint to mutually agree to a resolution of the complaint filed with BOEE, allow the respondent the right to review any investigative report upon a finding of probable cause for further action by BOEE, require that the conduct providing the basis for the complaint occurred within 3 (three) years of discovery of the event by the complainant unless good cause can be shown for an extension of this limitation, and require complaints to be resolved within 180 (one hundred- eighty) days unless good cause can be shown for an extension of this limitation [IA Code 272.2(15)]. 12. Adopt rules to require that a background investigation be conducted by the division of criminal investigation of the department of public safety on all initial applicants for licensure. The BOEE shall also require all initial applicants to submit a completed fingerprint packet and shall use the packet to facilitate a national criminal history background check. The BOEE shall have access to, and shall review the sex offender registry information under IA Code 692A.121 available to the general public, the central registry for child abuse information established under IA Code 235A.1 et seq., and the dependent adult abuse records maintained under IA Code 235B.1 et seq. for information regarding applicants for license renewal [IA Code 272.2(17)]. 13. Adopt rules pursuant to IA Code 17A.1 et seq. relating to a voluntary certification system for paraeducators. The rules shall specify rights, responsibilities, levels, and qualifications for the certificate. Applicants shall be disqualified for any reason specified in IA Code 272.2(14) or in administrative rule. Notwithstanding IA Code 272.2(14)(b)(2), BOEE may issue a paraeducator certificate to a person who is at least 18 (eighteen) years of age. A person holding a paraeducator certificate shall not perform the duties of a licensed practitioner. A person issued such a certificate shall not be considered a licensed teacher or administrator for any purpose specified by law [IA Code ; BCSD 410.3]. 14. Maintain a list of qualified persons who are experienced in the educational system of this state to serve as administrative law judges when a hearing is requested under IA Code When requested under IA Code , BOEE shall submit a list of 5 (five) qualified administrative law judges to the parties. The parties shall select one of the five qualified persons to conduct the hearing as provided in IA Code The hearing shall be held pursuant to the provisions of IA Code 17A.1 et seq. relating to contested cases. The full costs of the hearing shall be shared equally by the parties. 15. Review the administrative rules adopted pursuant to IA Code et seq. and related state laws on an annual basis. The executive director shall submit the executive director's findings and recommendations in a report every three years to BOEE and the chairpersons and ranking members of the senate and house standing committees on education and the joint appropriations subcommittee on education by January 15 of each year [IA Code ; ; ]. B. Duty to report to BOEE. IA Code et seq. does not limit the duties or powers of a school BOEE to select or discharge practitioners or to terminate practitioners' contracts [IA Code and 272.9]. The Board of Directors of a district or area education agency, the superintendent of a district or the chief administrator of an area education agency, and the authorities in charge of a non-public school shall report to BOEE the non-renewal or discharge, for reasons of alleged or actual misconduct, of a person's contract executed under IA Code , , , , , , , , , and , and the resignation of a person who holds a license, certificate, or authorization issued by BOEE as a result of or following an incident or allegation of misconduct that, if proven, would constitute a violation of the rules adopted by BOEE to implement IA Code 272.2(14)(b)(1) when BOEE or reporting official has a good faith belief that the incident occurred or the allegation is true [IA Code (1)(a)]. The BOEE may deny a license or revoke the license 100

108 of an administrator if BOEE finds by a preponderance of the evidence that the administrator failed to report the discharge or resignation of a school employee holding a license, certificate, statement of professional recognition, or coaching authorization, for reasons of alleged or actual misconduct, as defined herein [IA Code (1)(a)]. Information reported to BOEE in accordance with IA Code is privileged and confidential, and except as provided in IA Code , is not subject to discovery, subpoena, or other means of legal compulsion for its release to a person other than the respondent and BOEE and its employees and agents involved in licensee discipline, and is not admissible in evidence in a judicial or administrative proceeding other than the proceeding involving licensee discipline [IA Code (1)(b)]. The BOEE shall review the information reported to determine whether a complaint should be initiated. In making that determination, BOEE shall consider the factors enumerated in IA Code 272.2(14)(a) [IA Code (1)(b)]. For purposes of IA Code , unless the context otherwise requires, "misconduct" means an action disqualifying an applicant for a license or causing the license of a person to be revoked or suspended in accordance with the rules adopted by BOEE to implement IA Code 272.2(14)(b)(1) [IA Code (1)(c)]. If, in the course of performing official duties, an employee of the department becomes aware of any alleged misconduct by an individual licensed under IA Code , the employee shall report the alleged misconduct to the Board of Educational Examiners under rules adopted pursuant to IA Code (1) [IA Code (2)]. If the executive director of BOEE verifies through a review of official records that a teacher who holds a practitioner's license under IA Code is assigned instructional duties for which the teacher does not hold the appropriate license or endorsement, either by grade level or subject area, by a district or accredited nonpublic school, the executive director may initiate a complaint against the teacher and the administrator responsible for the inappropriate assignment of instructional duties [IA Code (3)]. C. Hearings conducted by BOEE. Hearings before BOEE shall be conducted in the same manner as contested cases under IA Code 17A.1 et seq. [IA Code (1)]. The BOEE may subpoena books, papers, records, and any other real evidence necessary for BOEE to decide whether it should institute a contested case hearing [IA Code (1)]. At the hearing BOEE may administer oaths and issue subpoenas to compel the attendance of witnesses and the production of other evidence [IA Code (1)]. Subpoenas may be issued by BOEE to a party to a hearing, if the party demonstrates that the evidence or witnesses' testimony is relevant and material to the hearing [IA Code (1)]. Service of process and subpoenas for BOEE hearings shall be conducted in accordance with the law applicable to the service of process and subpoenas in civil actions [IA Code (1)]. Witnesses subpoenaed to appear before BOEE shall be reimbursed for mileage and necessary expenses and shall receive per diem compensation by BOEE, unless the witness is an employee of the state or a political subdivision, in which case the witness shall receive reimbursement only for mileage and necessary expenses [IA Code (2)]. All complaint files, investigation files, other investigation reports, and other investigative information in the possession of BOEE or its employees or agents, which relate to licensee discipline, are privileged and confidential, and are not subject to discovery, subpoena, or other means of legal compulsion for their release to a person other than the respondent and BOEE and its employees and agents involved in licensee discipline, and are not admissible in evidence in a judicial or administrative proceeding other than the proceeding involving licensee discipline [IA Code (3)]. A complaint, any amendment to a complaint, and any supporting documents shall be provided to the respondent immediately upon BOEE's determination that jurisdictional requirements have been met and prior to the commencement of an investigation by BOEE [IA Code (3)]. Investigative information in the possession of BOEE or its employees or agents which relates to licensee discipline may be disclosed to appropriate licensing authorities within this state, the appropriate licensing authority in another state, the District of Columbia, or a territory or country in which the licensee is licensed or has applied for a license [IA Code (3)]. A final written decision and finding of fact of BOEE in a disciplinary proceeding is a public record [IA Code (3)]. Commentary: 101

109 1. A license issued under BOEE authority is valid for the period of time for which it is issued, unless the license is suspended or revoked. No permanent licenses shall be issued [IA Code 272.7]. 2. A certificate which was issued by BOEE before July 1, 1989 continues to be in force as long as the certificate complies with the rules and statutes in effect on July 1, Requirements for the renewal of licenses, under IA Code et seq. do not apply retroactively to renewal of certificates [IA Code 272.9]. 3. For additional detail regarding potentially actionable offenses, see IAC et seq. or Appendix B. 4. For additional detail regarding practitioner rights and responsibilities, see IAC et seq. or Appendix B. 102

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111 APPENDIX B LICENSURE CODE OF PROFESSIONAL CONDUCT FOR EDUCATORS 104

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113 APPENDIX C OVERVIEW: EMPLOYEE DISCIPLINARY PROCESS 106

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115 APPENDIX D EXAMPLE: GENERAL INVESTIGATION WORKSHEET 108

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118 APPENDIX E EXAMPLE: GROUNDS-SPECIFIC INVESTIGATION WORKSHEET (INSUBORDINATION) 111

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120 APPENDIX F EXAMPLE: DISCIPLINARY CASE EVALUATION RUBRIC 113

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124 APPENDIX G EMPLOYEE CONTRACTS A. Overview. 1. Administrators: For purposes of IA Code , A to and the EEQP, the term "administrator" means school superintendents, assistant superintendents, educational directors employed by districts for grades kindergarten through twelve, educational directors employed by area education agencies under IA Code et seq., principals, assistant principals, other certified school supervisors employed by districts for grades kindergarten through twelve as defined under IA Code 20.4, and other certified school supervisors employed by area education agencies under IA Code et seq. [IA Code 20.4(2); , and (4); IAC et seq. and et seq.; BCSD 301 et seq. and 302 et seq.]. Supervisory employees shall be excluded from the provisions of IA Code 20.1 et seq. [IA Code 20.4; BCSD 301 et seq. and 302 et seq.]. Contracts with administrators shall be in writing and shall contain all of the following: 1). The term of employment, which for all administrators except for superintendents may be a term of up to 2 (two) years, while superintendents may be employed under IA Code for a term not to exceed 3 (three) years [IA Code and (1)(a); BCSD 301.2, 301.3, and 405.3]; 2). The length of time during the school year services are to be performed [IA Code (1)(b); BCSD 301.2, and 405.3]; 3). The compensation per week of 5 (five) consecutive days or month of 4 (four) consecutive weeks [IA Code (1)(c); BCSD 301.2, 302.3, 405.3, 406 et seq.]; 4). A statement that the contract is invalid if the administrator is under contract with another Board of Directors in this state covering the same period of time, until such contract shall have been released or terminated by its provisions [IA Code (1)(d); BCSD 405.3]; and 5). Such other matters as may be agreed upon [IA Code (1)(e); BCSD 301.2, 302.3, and 406 et seq.].the contract shall be signed by the president and the administrator and shall be filed with the secretary of the Board of Directors before the administrator enters upon performance of the contract [IA Code (2); BCSD 202.2, 202.4, 301.1, 301.2, 302.2, and 405.3]. Except as otherwise specifically provided, an administrator's contract shall be governed by the provisions of IA Code and IA Code A to , and not by IA Code [IA Code (3); BCSD 301.2, and 405.3]. 2. Teachers: For the purposes of IA Code and the EEQP, the term teacher means all licensed employees of a district and nurses employed by the Board of Directors, excluding superintendents, assistant superintendents, principals, and assistant principals [IA Code 20.3 and (1)(a); IAC et seq. and et seq.; BCSD 400, and 405.2; BEA preamble]. Public employees shall have the right to: 1). Organize, or form, join, or assist any employee organization; 2). Negotiate collectively through representatives of their own choosing; 3). Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by IA Code 20.1 et seq. or any other law of the state; and 4). Refuse to join or participate in the activities of employee organizations, including the payment of any dues, fees or assessments or service fees of any type [IA Code 20.8; BCSD 405.1, and et seq.; BEA preamble]. Professional and nonprofessional employees shall not be included in the same bargaining unit unless a majority of both agree [IA Code 20.13]. Contracts with teachers shall be in writing and shall state the number of contract days, the annual compensation to be paid, and any other matters as may be mutually agreed upon [IA Code (1)(a) and 294.1; BCSD 405.3, 406 et seq.; BEA 1A et seq.]. The contract may include employment for a term not exceeding the ensuing school year, except as otherwise authorized [IA Code (1)(a); BCSD 405.3]. Prior to entering into an initial contract with a teacher who holds a license other than an initial license issued by the Board of Educational Examiners under IA Code

125 et seq., the district shall initiate a state criminal history record check of the applicant through the division of criminal investigation of the department of public safety, submit the applicant's fingerprints to the division for submission to the federal bureau of investigation for a national criminal history record check, and review the sex offender registry information under IA Code 692A.121 available to the general public, the central registry for child abuse information established under IA Code 235A.14, and the central registry for dependent adult abuse information established under IA Code 235B.5 for information regarding the applicant for employment as a teacher [IA Code (1)(b)(1)]. The contract shall be signed by the president of the Board of Directors, or by the superintendent if the Board of Directors has adopted a policy authorizing the superintendent to sign teaching contracts, when tendered, and after it is signed by the teacher, the contract shall be filed with the secretary of the Board of Directors before the teacher enters into performance under the contract [IA Code (1)(c); BCSD 202.2, 202.4, 300, 301.3, and 405.3]. The contract is invalid if the teacher is under contract with another Board of Directors to teach during the same time period until a release from the other contract is achieved [IA Code (1)(c)]. A provision of the Code which is inconsistent with any term or condition of a collective bargaining agreement which is made final under IA Code 20.1 et seq. shall supersede the term or condition of the collective bargaining agreement unless otherwise provided by the general assembly [IA Code 20.28; BEA 24]. A provision of a proposed collective bargaining agreement negotiated according to IA Code 20.1 et seq. which conflicts with the Code shall not become a provision of the final collective bargaining agreement until the general assembly has amended the Code to remove the conflict [IA Code 20.28; BEA 24]. If the provisions of a contract executed or automatically renewed under IA Code conflict with a collective bargaining agreement negotiated under IA Code 20.1 et seq. and are effective when the contract is executed or renewed, the provisions of the collective bargaining agreement shall prevail [IA Code (3)]. 3. Support personnel: For purposes of IA Code (2) and the EEQP, the term "support personnel" includes, but is not limited to, bus drivers, custodians, educational associates, and clerical and food service employees [IA Code (2); BCSD 400 and 411.1; UE 1A]. Public employees shall have the right to: 1). Organize, or form, join, or assist any employee organization; 2). Negotiate collectively through representatives of their own choosing; 3). Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by IA Code 20.1 et seq. or any other law of the state; and 4). Refuse to join or participate in the activities of employee organizations, including the payment of any dues, fees or assessments or service fees of any type [IA Code 20.8; BCSD 411.1, and et seq.]. Professional and nonprofessional employees shall not be included in the same bargaining unit unless a majority of both agree [IA Code 20.13]. The Board of Directors of a district may delegate the authority to hire support personnel and sign the support personnel employment contracts, if applicable, if the Board of Directors adopts a policy authorizing the superintendent to perform such duties and specifying the positions the superintendent is authorized to fill [IA Code (2); BCSD 300, 301.3, 301.4, and et seq.]. The Board of Directors may enter into contracts or letters of assignment, if applicable, with classified employees employed on a regular basis [BCSD 411.3]. Bus drivers will be issued a contract as required by law [IA Code 285.5(9); BCSD 411.3]. All such agreements will state the terms of employment [BCSD 411.3, et seq. and et seq.; UE 1A et seq.]. A provision of the Code which is inconsistent with any term or condition of a collective bargaining agreement which is made final under IA Code 20.1 et seq. shall supersede the term or condition of the collective bargaining agreement unless otherwise provided by the general assembly [IA Code 20.28; UE 16A]. A provision of a proposed collective bargaining agreement negotiated according to IA Code 20.1 et seq. which conflicts with the Code shall not become a provision of the final collective bargaining agreement until the general assembly has amended the Code to remove the conflict [IA Code 20.28; UE 16A]. 118

126 B. Renewal (automatic continuation). 1. Administrators: An administrator s contract shall remain in force and effect for the period stated in the contract [IA Code (1); BCSD 204.8, and 302.3]. The contract shall be automatically continued in force and effect for additional one-year periods beyond the end of its original term, except and until the contract is modified or terminated by mutual agreement of the Board of Directors and the administrator, or until terminated as provided by IA Code [IA Code (1); BCSD and 302.3]. 2. Teachers: The contract shall remain in force and effect for the period stated in the contract and shall be automatically continued for equivalent periods except as modified or terminated by mutual agreement of the Board of Directors and the teacher or as terminated in accordance with the provisions specified in IA Code et seq. [IA Code (2); BCSD and 405.4]. The contract shall not be offered by the Board of Directors to a teacher under its jurisdiction prior to March 15 of any year [IA Code (2); BCSD and 405.4]. 3. Support personnel: Contracts with classified employees are not automatically renewable, and the district may decide not to offer a new contract upon fourteen (14) days notice for any reason [BCSD 411.3]. C. Temporary contracts; extracurricular contracts; joint employment and sharing. 1. Administrators: Notwithstanding the other provisions of IA Code , a temporary contract may be issued to an administrator to fill a vacancy created by a leave of absence in accordance with the provisions of IA Code 29A.28, which contract shall automatically terminate upon return from military leave of the former incumbent of the administrator position and which contract shall not be subject to the provisions of IA Code and IA Code [IA Code (5); BCSD 410.1]. 2. Teachers: Notwithstanding the other provisions of IA Code , a temporary contract may be issued to a teacher to fill a vacancy created by a leave of absence in accordance with the provisions of IA Code 29A.28, which contract shall automatically terminate upon return from military leave of the former incumbent of the teaching position and which contract shall not be subject to the provisions of IA Code through or IA Code [IA Code (5); BCSD 410.1]. A separate extracurricular contract issued pursuant to IA Code A to a person issued a temporary contract under IA Code shall automatically terminate with the termination of the temporary contract as required under IA Code A(8) [IA Code (5); BEA 22A and 22B]. An individual who has been issued a coaching authorization or who possesses a teaching license with a coaching endorsement but is not issued a teaching contract under IA Code and who is employed by the Board of Directors of a district serves at the pleasure of the Board of Directors and is not subject to IA Code through and [IA Code B(2)]. IA Code A(1) applies to coaching authorizations [IA Code B(2)]. Additional considerations apply in cases of joint employment and job sharing [IA Code ]. 3. Support personnel: See terms of contract if applicable [BCSD and 411.7]. D. Probationary period. 1. Administrators: Administrators employed in a district for less than 2 (two) consecutive years are probationary administrators [IA Code (4); BCSD 301.2, and 405.8]. However, the Board of Directors may waive the probationary period for any administrator who has previously served a probationary period in another district and the Board of Directors may extend the probationary period for an additional year with the consent of the administrator [IA Code (4); BCSD 301.2, and 405.8]. 2. Teachers: The first 3 (three) consecutive years of employment of a teacher in the same district are a probationary period; however, if the teacher has successfully completed a 119

127 probationary period of employment for another district located in Iowa, the probationary period in the current district of employment shall not exceed 1 (one) year [IA Code ; BCSD 405.8]. The Board of Directors may waive the probationary period for any teacher who previously has served a probationary period in another district and may extend the probationary period for an additional year with the consent of the teacher [IA Code ; BCSD 405.8]. Notwithstanding any provision to the contrary, the grievance procedures of IA Code relating to job performance or job retention shall not apply to a teacher during the first two years of the teacher's probationary period; however, this paragraph shall not apply to a teacher who has successfully completed a probationary period in a school district in Iowa [IA Code ; BCSD 405.8]. 3. Support personnel: See terms of contract if applicable [BCSD 411.3; UE 5E]. E. Resignation. 1. Administrators: An administrator may file a written resignation with the secretary of the Board of Directors on or before May 1 of each year or the date specified by the Board of Directors for return of the contract, whichever date occurs first [IA Code (3); BCSD 301.2, and 407.1]. 2. Teachers: A teacher who has not accepted a contract for the ensuing school year tendered by the Board of Directors may resign effective at the end of the current school year by filing a written resignation with the secretary of the Board of Directors [IA Code (2)]; BCSD 202.4, 405.3, and 407.1]. The resignation must be filed not later than the last day of the current school year or the date specified by the employing Board of Directors for return of the contract, whichever date occurs first; however, a teacher shall not be required to return a contract to the Board of Directors or to resign less than twentyone (21) days after the contract has been offered [IA Code (2); BCSD 405.3, and 407.1]. 3. Support personnel: The classified employee must give notice of intent to cancel an agreement at the end of fourteen (14) days. F. Non-renewal of contract (year-end termination). 1. Pre-action meeting. a. Administrators: If the Board of Directors is considering termination of an administrator's contract, prior to any formal action, the Board of Directors may arrange to meet in closed session, in accordance with the provisions of IA Code 21.5, with the administrator and his or her representative [IA Code (2); BCSD and 302.3]. The Board of Directors shall review the administrator's evaluation, review the reason(s) for nonrenewal, and give the administrator an opportunity to respond [IA Code (2); BCSD and 302.3]. If, following the closed session, the Board of Directors and the administrator are unable to mutually agree to a modification or termination of the administrator's contract, or the Board of Directors and the administrator are unable to mutually agree to enter into a one-year nonrenewable contract, the Board of Directors shall follow the procedures in IA Code [IA Code (2); BCSD and 302.3]. b. Teachers: Not applicable [BCSD 407]. c. Support personnel: Not applicable [BCSD and 413.4]. 2. Notice of pending action. a. Administrators: i. Non-probationary administrators: The Board of Directors may, by majority vote of the membership of the Board of Directors, cause the contract of an administrator to be terminated [IA Code (5); BCSD 120

128 b. Teachers: 204.8, and 302.3]. If the Board of Directors determines that it should consider the termination of a non-probationary administrator's contract, the following procedure shall apply: On or before May 15, the administrator shall be notified in writing by a letter personally delivered or mailed by certified mail that the Board of Directors has voted to consider termination of the contract [IA Code (5)(a); BCSD and 302.3]. The notification shall be complete when received by the administrator [IA Code (5)(a); BCSD 301.2].The notice shall state the specific reason(s) to be used by the Board of Directors for considering termination which for all administrators except superintendents shall be for just cause [IA Code (5)(b); BCSD and 302.3]. ii. Probationary administrators: Not applicable [IA Code (4); BCSD 301.2, and 405.8]. i. Non-probationary teachers: The superintendent or the superintendent's designee shall notify the teacher not later than April 30 that the superintendent will recommend in writing to the Board of Directors at a regular or special meeting of the Board of Directors held not later than May 15, that the teacher's continuing contract be terminated effective at the end of the current school year [IA Code (1); BCSD 201.7, 204.2, 204.3, 301.3, 405.3, and 407.4; additional provisions apply if the institution is subject to revision under IA Code et seq.]. Notification of recommendation of termination of a teacher's contract shall be in writing and shall be personally delivered to the teacher, or mailed by certified mail [IA Code (2)(a); BCSD 405.3, and 407.4]. The notification shall be complete when received by the teacher [IA Code (2)(a)]; BCSD 405.3, and The notification and the recommendation to terminate shall contain a short and plain statement of the reason(s), which shall be for just cause, why the recommendation is being made [IA Code (2)(a); BCSD 405.3, and 407.4]. The notification shall be given at or before the time the recommendation is given to the Board of Directors [IA Code (2)(a); BCSD 405.3, and 407.4]. As a part of the termination proceedings, the teacher's complete personnel file of employment by the Board of Directors shall be available to the teacher, which file shall contain a record of all periodic evaluations between the teacher and appropriate supervisors [IA Code (2)(b); BCSD 405.3, and 407.4]. ii. Probationary teachers: In the case of the termination of a probationary teacher's contract, the provisions of IA Code and shall apply; however, if the probationary teacher is a beginning teacher who fails to demonstrate competence in the Iowa teaching standards in accordance with IA Code et seq., the provisions of IA Code and shall also apply [IA Code ; BCSD 405.3, and 405.8]. c. Support personnel: A classified employee may be discharged by the superintendent or his/her designee with written notice of fourteen (14) days notice at any time and for any reason [BCSD 413.4]. Notice will not be required when a classified employee is terminated during a probationary period [UE 5E]. 3. Request for conference or hearing. a. Administrators: i. Non-probationary administrators: Within five (5) days after receipt of the written notice that the Board of Directors has voted to consider 121

129 ii. termination of the contract, the administrator may request in writing to the secretary of the Board of Directors that the notification be forwarded to the Board of Educational Examiners along with a request that the Board of Educational Examiners submit a list of 5 (five) qualified administrative law judges to the parties [IA Code (5)(c); BCSD and 302.3]. Probationary administrators: Not applicable [IA Code (4); BCSD 301.2, and 405.8]. b. Teachers: i. Non-probationary teachers: Within five (5) days of the receipt of the written notice that the superintendent is recommending termination of the contract, the teacher may request, in writing to the secretary of the Board of Directors, a private hearing with the Board of Directors [IA Code (2)(c); BCSD 204.4, 301.3, 405.3, and 407.4]. ii. Probationary teachers: See above [IA Code ; BCSD 405.3, and 405.8]. c. Support personnel: Not applicable [BCSD and 413.4]. 4. Requirements for proceedings. a. Administrators: i. Non-probationary administrators: Within three (3) days from receipt of the list the parties shall select an administrative law judge by alternately removing a name from the list until only one name remains [IA Code (5)(c); BCSD and 302.3]. The person whose name remains shall be the administrative law judge [IA Code (5)(c); BCSD and 302.3]. The parties shall determine by lot which party shall remove the first name from the list [IA Code (5)(c); BCSD and 302.3]. The hearing shall be held no sooner than ten (10) days and not later than thirty (30) days following the administrator's request unless the parties otherwise agree [IA Code (5)(c); BCSD 301.2]. If the administrator does not request a hearing, the Board of Directors, not later than May 31, may determine the continuance or discontinuance of the contract and, if the Board of Directors determines to continue the administrator's contract, whether to suspend the administrator with or without pay for a period specified by the Board of Directors [IA Code (5)(c); BCSD and 302.3]. The action of the Board of Directors shall be by majority roll call vote entered on the minutes of the meeting [IA Code (5)(c); BCSD , and 302.3]. Notice of school Board of Directors action shall be personally delivered or mailed to the administrator [IA Code (5)(c); BCSD and 302.3]. The administrative law judge selected shall notify the secretary of the Board of Directors and the administrator in writing concerning the date, time, and location of the hearing [IA Code (5)(d); BCSD 202.4, and 302.3]. The Board of Directors may be represented by a legal representative, if any, and the administrator shall appear and may be represented by counsel or by representative, if any [IA Code (5)(d); BCSD 203.6, and 302.3]. A transcript or recording shall be made of the proceedings at the hearing [IA Code (5)(d); BCSD , 301.2, and 708]. A Board of Directors member or administrator is not liable for any damage to an administrator or a the Board of Directors if a statement made at the hearing is determined to be erroneous as long as the statement was made 122

130 b. Teachers: in good faith [IA Code 20.23, (5)(d) and et seq.; BCSD and 302.3]. ii. Probationary administrators: Not applicable [IA Code (4); BCSD 301.2, and 405.8]. i. Non-probationary teachers: If the teacher requests a hearing, the private hearing shall not be subject to IA Code 21.1 et seq. and shall be held no sooner than ten (10) days and no later than twenty (20) days following the receipt of the request unless the parties otherwise agree [IA Code (2)(c); BCSD 405.3, and 407.4]. The secretary of the Board of Directors shall notify the teacher in writing of the date, time, and location of the private hearing, and at least five (5) days before the hearing shall also furnish to the teacher any documentation which may be presented to the Board of Directors at the private hearing and a list of persons who may address the Board of Directors in support of the superintendent's recommendation at the private hearing [IA Code (2)(c); BCSD 202.4, 204.4, 301.3, 405.3, and 407.4]. At least three days before the hearing, the teacher shall provide any documentation the teacher expects to present at the private hearing, along with the names of any persons who may address the Board of Directors on behalf of the teacher. This exchange of information shall be at the time specified unless otherwise agreed [IA Code (2)(c); BCSD 204.4, 405.3, and 407.4]. The participants at the private hearing shall be at least a majority of the members of the Board of Directors, their legal representatives, if any, the superintendent, the superintendent's designated representatives, if any, the teacher's immediate supervisor, the teacher, the teacher's representatives, if any, and the witnesses for the parties [IA Code (1); BCSD 204.4, 204.8, 301.3, 405.3, and 407.4]. The evidence at the private hearing shall be limited to the specific reason(s) stated in the superintendent's notice of recommendation of termination [IA Code (1); BCSD 204.4, 405.3, and 407.4]. No participant in the hearing shall be liable for any damages to any person if any statement at the hearing is determined to be erroneous as long as the statement was made in good faith [IA Code 20.23, (1) and et seq.; BCSD 405.3, and 407.4]. The superintendent shall present evidence and argument on all issues involved and the teacher may cross-examine, respond and present evidence and argument in the teacher's behalf relevant to all issues involved [IA Code (1); BCSD 301.3, 405.3, and 407.4]. Evidence may be by stipulation of the parties and informal settlement may be made by stipulation, consent, or default or by any other method agreed upon by the parties in writing [IA Code (1); BCSD 405.3, and 407.4]. The Board of Directors shall employ a certified shorthand reporter to keep a record of the private hearing [IA Code (1); BCSD 204.4, , 405.3, 405.4, and 708].The proceedings or any part thereof shall be transcribed at the request of either party with the expense of transcription charged to the requesting party [IA Code (1); BCSD 405.3, and 407.4]. The presiding officer of the Board of Directors may administer oaths in the same manner and with like effect and under the same penalties as in the case of magistrates exercising criminal or civil jurisdiction [IA Code (2); BCSD 405.3, and 407.4]. The Board of Directors shall cause subpoenas to be issued for such witnesses and the production of such books and papers as either the Board of Directors or the teacher may designate [IA Code (2); BCSD 405.3, and 407.4].The 123

131 subpoenas shall be signed by the presiding officer of the Board of Directors [IA Code (2); BCSD 405.3, and 407.4]. In case a witness is duly subpoenaed and refuses to attend, or in case a witness appears and refuses to testify or to produce required books or papers, the Board of Directors shall, in writing, report such refusal to the district court of the county in which the administrative office of the district is located, and the court shall proceed with the person or witness as though the refusal had occurred in a proceeding legally pending before the court [IA Code (3); BCSD 405.3, and 407.4]. The Board of Directors shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, but it shall hold the hearing in such manner as is best suited to ascertain and conserve the substantial rights of the parties [IA Code (4); BCSD 405.3, and 407.4]. Process and procedure under IA Code to IA Code shall be as summary as reasonably may be [IA Code (4); BCSD 405.3, and 407.4]. At the conclusion of the private hearing, the superintendent and the teacher may file written briefs and arguments with the Board of Directors within three (3) days or such other time as may be agreed upon [IA Code (5); BCSD 204.4, 301.3, 405.3, and 407.4]. Within five (5) days after the private hearing, the Board of Directors shall, in executive session, meet to make a final decision upon the recommendation and the evidence as herein provided [IA Code (7); BCSD 204.4, 405.3, and 407.4]. The Board of Directors shall also consider any written brief and arguments submitted by the superintendent and the teacher [IA Code (7); BCSD 301.3, 405.3, and 407.4]. The record for a private hearing shall include: All pleadings, motions and intermediate rulings; all evidence received or considered and all other submissions; a statement of all matters officially noticed; all questions and offers of proof, objections and rulings thereon; all findings and exceptions; any decision, opinion, or conclusion by the Board of Directors [IA Code (8)(a) through (g); BCSD 204.4, , 405.3, 405.4, and 708]. Findings of fact shall be based solely on the evidence in the record and on matters officially noticed in the record [IA Code (8)(g); BCSD , 405.3, 405.4, and 708]. If the teacher fails to timely request a private hearing or does not appear at the private hearing, the Board of Directors may proceed and make a determination upon the superintendent's recommendation [IA Code (6); BCSD 204.4, 301.3, 405.3, and 407.4]. If the teacher fails to timely file a request for a private hearing, the determination shall be not later than May 31 [IA Code (6); BCSD 204.4, 405.3, and 407.4]. If the teacher fails to appear at the private hearing, the determination shall be not later than five (5) days after the scheduled date for the private hearing [IA Code (6); BCSD 204.4, 405.3, and 407.4]. The Board of Directors shall convene in open session and by roll call vote determine the termination or continuance of the teacher's contract and, if the Board of Directors votes to continue the teacher's contract, whether to suspend the teacher with or without pay for a period specified by the Board of Directors [IA Code (6); BCSD 405.3, and 407.4]. ii. Probationary teachers: See above [IA Code ; BCSD 405.3, and 405.8]. c. Support personnel: It shall be the responsibility of the superintendent to make a recommendation for dismissal to the Board of Directors [BCSD 301.3, and 413.4]. 124

132 5. Notice of action. a. Administrators: b. Teachers: i. Non-probationary administrators: The administrative law judge shall, within ten (10) days following the date of the hearing, make a proposed decision as to whether or not the administrator should be dismissed, and shall give a copy of the proposed decision to the administrator and the Board of Directors [IA Code (5)(e); BCSD and 302.3]. Findings of fact shall be prepared by the administrative law judge [IA Code (5)(e); BCSD and 302.3]. The proposed decision of the administrative law judge shall become the final decision of the Board of Directors unless within ten (10) days after the filing of the decision, the administrator files a written notice of appeal with the Board of Directors, or the Board of Directors on its own motion determines to review the decision [IA Code (5)(e); BCSD and 302.3]. The record of the private conference and findings of fact and exceptions shall be exempt from the provisions of [IA Code 22.1 et seq. [IA Code (5)(h); BCSD 204.4, , 301.2, and 708]. ii. Probationary administrators: If the Board of Directors determines that it should terminate a probationary administrator's contract, the Board of Directors shall notify the administrator not later than May 15 that the contract will not be renewed beyond the current year [IA Code (4); BCSD and 302.3]. The notice shall be in writing by letter, personally delivered, or mailed by certified mail [IA Code (4); BCSD and 405.8]. The notification shall be complete when received by the administrator [IA Code (4); BCSD and 302.3]. i. Non-probationary teachers: The decision of the Board of Directors shall be in writing and shall include findings of fact and conclusions of law, separately stated [IA Code (9); BCSD 405.3, and 407.4]. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts and supporting the findings [IA Code (9); BCSD 405.3, and 407.4]. Each conclusion of law shall be supported by cited authority or by reasoned opinion [IA Code (9); BCSD 405.3, and 407.4]. When the Board of Directors has reached a decision, opinion, or conclusion, it shall convene in open meeting and by roll call vote determine the continuance or discontinuance of the teacher's contract and, if the Board of Directors votes to continue the teacher's contract, whether to suspend the teacher with or without pay for a period specified by the Board of Directors [IA Code (10); BCSD 204.1, 405.3, and 407.4]. The secretary of the Board of Directors shall immediately mail notice of the action of the Board of Directors to the teacher [IA Code (10); BCSD 202.4, 405.3, and 407.4]. The record of the private conference and findings of fact and exceptions shall be exempt from the provisions of IA Code 22.1 et seq. [IA Code (10); BCSD 204.4, , 405.3, 405.4, 407.4, 708 and 901]. ii. Probationary teachers: See above [IA Code ; BCSD 405.3, and 405.8]. c. Support personnel: Notice of termination shall be in writing, and service thereof shall be sufficient if mailed by restricted certified mail, return receipt requested, addressed to the last known address of the intended recipient, unless otherwise 125

133 6. Contest. provided in IA Code 20.1 et seq. [IA Code 20.24; BCSD 413.4]. Refusal of restricted certified mail by any party shall be considered service [IA Code 20.24; BCSD 413.4]. Acceptance of service in lieu of mailed notice may also be used [IA Code 20.24; BCSD 413.4]. Unless otherwise provided in IA Code 20.1 et seq., prescribed time periods shall commence from the date of the receipt of any required notice(s) [IA Code 20.24; BCSD 413.4]. Unless otherwise provided in IA Code 20.1 et seq., prescribed time periods shall commence from the date of the receipt of any required notice(s) [IA Code 20.24; BCSD 413.4]. a. Administrators: i. Non-probationary administrators: If the administrator appeals to the Board of Directors, or if the Board of Directors determines on its own motion to review the proposed decision of the administrative law judge, a private hearing shall be held before the Board of Directors within five (5) days after the petition for review, or motion for review, has been made or at such other time as the parties agree [IA Code (5)(f); BCSD 204.4, and 302.3]. The private hearing is not subject to IA Code 21.1 et seq. [IA Code (5)(f); BCSD 204.4, and 302.3]. The Board of Directors may hear the case de novo upon the record as submitted before the administrative law judge [IA Code (5)(f); BCSD , 301.2, and 708]. In cases where there is an appeal from a proposed decision or where a proposed decision is reviewed on motion of the Board of Directors, an opportunity shall be afforded to each party to file exceptions, present briefs, and present oral arguments to the Board of Directors which is to render the final decision [IA Code (5)(f); BCSD and 302.3]. The secretary of the Board of Directors shall give the administrator written notice of the time, place, and date of the hearing [IA Code (5)(f); BCSD 202.4, and 302.3]. The Board of Directors shall meet within five (5) days after the hearing to determine the question of continuance or discontinuance of the contract and, if the Board of Directors determines to continue the administrator's contract, whether to suspend the administrator with or without pay for a period specified by the Board of Directors [IA Code (5)(f); BCSD and 302.3]. The Board of Directors shall make findings of fact which shall be based solely on the evidence in the record and on matters officially noticed in the record [IA Code (5)(f); BCSD , 301.2, and 708]. The decision of the Board of Directors shall be in writing and shall include findings of fact and conclusions of law, separately stated [IA Code (5)(g); BCSD and 302.3]. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings [IA Code (5)(g); BCSD and 302.3]. Each conclusion of law shall be supported by cited authority or by reasoned opinion [IA Code (5)(g); BCSD and 302.3]. When the Board of Directors has reached a decision, opinion, or conclusion, it shall convene in open meeting and by roll call vote determine the continuance or discontinuance of the administrator's contract and, if the Board of Directors votes to continue the administrator's contract, whether to suspend the administrator with or without pay for a period specified by the Board of Directors [IA Code (5)(h); BCSD and 302.3]. The secretary of the Board of Directors shall immediately personally deliver or mail notice of the action of the Board of Directors to the administrator [IA Code (5)(h); BCSD202.4, and 302.3]. The administrator may within thirty (30) 126

134 ii. days after notification by the Board of Directors of discontinuance of the contract appeal to the district court of the county in which the administrative office of the district is located [IA Code (5)(i); BCSD and 302.3]. The court may affirm the action of the Board of Directors [IA Code (6); BCSD and 302.3]. The court shall reverse, modify, or grant any other appropriate relief from the action of the Board of Directors, equitable or legal, and including declaratory relief, if substantial rights of the administrator have been prejudiced because the action of the Board of Directors is any of the following: In violation of constitutional or statutory provisions [IA Code (6)(a); BCSD and 302.3]; in excess of the statutory authority of the Board of Directors [IA Code (6)(b); BCSD 301.2]; in violation of s policy or rule of the Board of Directors [IA Code (6)(c); BCSD and 302.3]; made upon unlawful procedure [IA Code (6)(d); BCSD 301.2]; affected by other error of law [IA Code (6)(e); BCSD and 302.3]; unsupported by a preponderance of the evidence in the record made before the Board of Directors when that record is reviewed as a whole [IA Code (6)(f); BCSD , 301.2, and 708]; or unreasonable, arbitrary, or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion [IA Code (6)(g); BCSD and 302.3]. Probationary administrators: Within ten (10) days after receiving the notice, the administrator may request a private conference with the Board of Directors to discuss the reason(s) for termination [IA Code (4); BCSD 204.4, and 302.3]. The decision of the Board of Directors to terminate a probationary administrator's contract shall be final unless the termination was based upon an alleged violation of a constitutionally guaranteed right of the administrator [IA Code (4); BCSD 301.2, and 405.8]. b. Teachers: i. Non-probationary teachers: If the teacher is no longer a probationary teacher, the teacher may, within ten (10) days, appeal the determination of the board to an adjudicator by filing a notice of appeal with the secretary of the Board of Directors [IA Code (1); BCSD 202.4, 405.3, and The notice of appeal shall contain a concise statement of the action which is the subject of the appeal, the particular Board of Directors action appealed from, the grounds on which relief is sought and the relief sought [IA Code (1); BCSD 405.3, and 407.4]. Within five (5) days following receipt by the secretary of the notice of appeal, the Board of Directors or the board s legal representative, if any, and the teacher or the teacher's representative, if any, may select an adjudicator who resides within the boundaries of the merged area in which the district is located [IA Code (2); BCSD 202.4, 405.3, and 407.4]. If an adjudicator cannot be mutually agreed upon within the five (5) day period, the secretary shall notify the chairperson of the Public Employment Relations Board of Directors by transmitting the notice of appeal, and the chairperson of the Public Employment Relations Board shall within five (5) days provide a list of five adjudicators to the parties [IA Code 20.1, 20.5, 20.6 and (2); BCSD 202.4, 405.3, and 407.4]. Within three (3) days from receipt of the list of adjudicators, the parties shall select an adjudicator by alternately removing a name from the list until only one name remains [IA Code (2); BCSD 405.3, and 407.4]. The person whose name remains shall be the adjudicator [IA Code (2); BCSD 405.3, and 407]. The parties shall determine by lot which 127

135 party shall remove the first name from the list submitted by the chairperson of the Public Employment Relations Board [IA Code (2); BCSD 405.3, and 407.4]. The secretary of the Board of Directors shall inform the chairperson of the Public Employment Relations Board of the name of the adjudicator selected [IA Code (2); BCSD 202.4, 405.3, and 407.4]. If the teacher does not timely request an appeal to an adjudicator the decision, opinion, or conclusion of the Board of Directors shall become final and binding [IA Code (3); BCSD 405.3, and 407.4]. Within thirty (30) days after filing the notice of appeal, or within further time allowed by the adjudicator, the Board of Directors shall transmit to the adjudicator the original or a certified copy of the entire record of the private hearing which may be the subject of the petition [IA Code (4)(a); BCSD , 405.3, 405.4, and 708]. By stipulation of the parties to review the proceedings, the record of the case may be shortened IA Code (4)(a); BCSD , 405.4, and 708]. The adjudicator may require or permit subsequent corrections or additions to the shortened record [IA Code (4)(a); BCSD , 405.3, 405.4, and 708]. The record certified and filed by the Board of Directors shall be the record upon which the appeal shall be heard and no additional evidence shall be heard by the adjudicator [IA Code (4)(b); BCSD , 405.4, 407 and 708]. In such appeal to the adjudicator, especially when considering the credibility of witnesses, the adjudicator shall give weight to the fact findings of the Board of Directors; but shall not be bound by them [IA Code (4)(b); BCSD 405.3, and 407.4]. Before the date set for hearing a petition for review of Board of Directors action, which shall be within ten (10) days after receipt of the record unless otherwise agreed or unless the adjudicator orders additional evidence be taken before the Board of Directors, application may be made to the adjudicator for leave to present evidence in addition to that found in the record of the case [IA Code (5); BCSD , 405.3, 405.4, and 708]. If it is shown to the adjudicator that the additional evidence is material and that there were good reasons for failure to present it in the private hearing before the Board of Directors, the adjudicator may order that the additional evidence be taken before the Board of Directors upon conditions determined by the adjudicator [IA Code (5); BCSD 204.4, 405.3, and 407.4]. The Board of Directors may modify its findings and decision in the case by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions, with the adjudicator and mail copies of the new findings or decisions to the teacher [IA Code (5); BCSD 405.3, and 407.4]. The adjudicator may affirm Board of Directors action or remand to the Board of Directors for further proceedings [IA Code (6); BCSD and 407.4]. The adjudicator shall reverse, modify, or grant any appropriate relief from the Board of Directors action if substantial rights of the teacher have been prejudiced because the Board of Directors action is: In violation of a Board of Directors rule or policy or contract [IA Code (6)(a); BCSD 405.3, and 407.4] ; unsupported by a preponderance of the competent evidence in the record made before the Board of Directors when that record is viewed as a whole [IA Code (6)(b); BCSD , 405.3, 405.4, and 708] ; or unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion [IA Code (6)(c); BCSD 405.3, and 407.4]. The adjudicator shall, within fifteen (15) days after the hearing, make a decision and shall give a copy of the decision to the teacher and the secretary of the Board of Directors [IA Code (7); BCSD 405.3, and 407.4]. The 128

136 decision of the adjudicator shall become the final and binding decision of the Board of Directors unless either party within ten (10) days notifies the secretary of the Board of Directors that the decision is rejected [IA Code (7); BCSD 202.4, 405.3, and 407.4]. The Board of Directors may reject the decision by majority vote, by roll call, in open meeting and entered into the minutes of the meeting [IA Code (7); BCSD 204.1, 204.8, , 405.3, and The Board of Directors shall immediately notify the teacher of its decision by certified mail [IA Code (7); BCSD 405.3, and 407.4]. The teacher may reject the adjudicator's decision by notifying the secretary of the Board of Directors in writing within ten (10) days of the filing of such decision [IA Code (7); BCSD 202.4, 405.3, and 407.4].All costs of the adjudicator shall be shared equally by the teacher and the Board of Directors decision [IA Code (8); BCSD405.3, and 407.4]. If either party rejects the adjudicator's decision, the rejecting party shall, within thirty (30) days of the initial filing of such decision, appeal to the district court of the county in which the administrative office of the district is located [IA Code (1); BCSD 405.3, and 407.4]. The notice of appeal shall be immediately mailed by certified mail to the other party [IA Code (1); BCSD and 407.4]. The adjudicator shall transmit to the reviewing court the original or a certified copy of the entire record which may be the subject of the petition [IA Code (1); BCSD , 405.3, 405.4, and 708]. By stipulation of all parties to the review proceedings, the record of such a case may be shortened [IA Code (1); BCSD , 405.3, and 407.4]. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional cost [IA Code (1); BCSD , 405.3, 405.4, and 708]. The court may require or permit subsequent corrections or additions to the shortened record [IA Code (1); BCSD , 405.3, 405.4, and 708]. In proceedings for judicial review of the adjudicator's decision, the court shall not hear any further evidence but shall hear the case upon the certified record [IA Code (2); BCSD , 405.3, 405.4, and 708]. In such judicial review, especially when considering the credibility of witnesses, the court shall give weight to the fact findings of the Board of Directors, but shall not be bound by them [IA Code (2); BCSD 405.3, and 407.4]. The court may affirm the adjudicator's decision or remand to the adjudicator or the Board of Directors for further proceedings upon conditions determined by the court [IA Code (2); BCSD 405.3, and 407.4]. The court shall reverse, modify, or grant any other appropriate relief from the decision of the Board of Directors or the adjudicator's decision equitable or legal and including declaratory relief if substantial rights of the petitioner have been prejudiced because the action is: In violation of constitutional or statutory provisions [IA Code (2)(a); BCSD 405.3, and 407.4]; in excess of the statutory authority of the board or the adjudicator [IA Code (2)(b); BCSD 405.3, and 407.4]; in violation of a Board of Directors rule or policy or contract [IA Code (2)(c); BCSD 405.3, and 407.4]; made upon unlawful procedure [IA Code (2)(d); BCSD 405.3, and 407.4]; affected by other error of law [IA Code (2)(e); BCSD 405.3, and 407.4]; unsupported by a preponderance of the competent evidence in the record made before the Board of Directors and the adjudicator when that record is viewed as a whole [IA Code (2)(f); BCSD , 405.3, 405.4, and 708]; or unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion [IA Code (2)(g); BCSD 405.3, and 407.4]. An aggrieved or adversely 129

137 ii. affected party to the judicial review proceeding may obtain a review of any final judgment of the district court by appeal to the supreme court [IA Code (3); BCSD 405.3, and 407.4]. The appeal shall be taken as in other civil cases, although the appeal may be taken regardless of the amount involved [IA Code (3); BCSD 405.3, and 407.4]. Probationary teachers: The decision of the Board of Directors shall be final and binding unless the termination was based upon an alleged violation of a constitutionally guaranteed right of the probationary teacher or an alleged violation of the public employee rights of the probationary teacher under IA Code [IA Code ; BCSD 405.3, and 405.8]. c. Support personnel: The action may be contested using the defined procedure where applicable [IA Code 20.18; BCSD 400, and 413.4; UE 2A et seq.]. Subsequent civil provisions may apply [IA Code 20.23]. 130

138 APPENDIX H EXAMPLE: VERBAL WARNING 131

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140 APPENDIX I EXAMPLE: WRITTEN WARNING 133

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142 APPENDIX J EXAMPLE: OFFICIAL REPRIMAND 135

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144 APPENDIX K ACKNOWLEDGEMENT OF RECEIPT 137

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