|
Regulation |
File Code: 4119.1 |
INAPPROPRIATE STAFF
CONDUCT
Inappropriate conduct by a
school staff member will not be tolerated by the Board of Education. The Policy and this Regulation have been
developed and adopted by this Board to provide guidance and direction to avoid
actual and/or the appearance of inappropriate conduct and conduct unbecoming a
school staff member to pupils.
A.
Definitions
1.
“Building Principal” is the Principal of the
building where the staff member is assigned.
2.
“Grievance Procedure” is the grievance procedure
that provides for prompt and equitable resolution of inappropriate conduct or
conduct unbecoming a school staff member.
3.
“Hostile Environment Sexual Harassment” is sexual
harassing conduct, which can include sexual advances, requests for sexual
favors, or other favors, or other verbal, nonverbal, or physical conduct of a
sexual nature that is sufficiently severe, persistent, or pervasive to limit a
pupil’s ability to participate in or benefit from an educational program or
activity, or to create a hostile or abusive educational environment.
4.
“Immediate supervisor” is the person in an
administrative position responsible for the staff member’s performance responsibilities
within the school district when the staff member is not assigned to a school
building with a Building Principal. The
“immediate supervisor”, if not a Building Principal shall be a person within
the administration of the school district.
The “immediate supervisor” for non-certificated staff not assigned to a
school building where there is not a Building Principal, shall be the School
Business Administrator/Board Secretary.
5.
“Inappropriate comments” includes, but is not
limited to, comments of a sexual nature, sexually oriented humor or language,
inappropriate comments about a pupil’s clothing or physical appearance,
comments with sexual overtones, comments regarding a pupil’s dating partner(s)
or comments about the staff member’s personal life that are not relevant to the
professional responsibility of the school staff member.
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File Code: 4119.1
Inappropriate
Staff Conduct (continued)
6.
“Inappropriate conduct” includes, but is not
limited to, sexual misconduct, a request by a school staff member to a pupil
for a social relationship outside the school staff/pupil relationship, sexually
harassing conduct, inappropriate touching by the staff member to a pupil or
permitting a pupil to inappropriately touch a staff member, corporal
punishment, requesting a pupil to expose private parts of their body, other
than for school medical purposes, and a staff member exposing their own private
parts of their body to a pupil.
Inappropriate conduct also includes physical contact between staff
member and pupil that is beyond the staff member/pupil professional
relationship. This contact includes, but
is not limited to, kissing, touching or feeling private parts of the body,
holding hands or arms and other contact that typically shows a sign of
affection beyond the staff member/pupil professional relationship. “Inappropriate conduct” does not include a
hug initiated by a pupil as a sign of the pupil’s appreciation to a school
staff member at a school sponsored activity such as school banquets, school
recognition programs, graduations, etc.
7.
“Inappropriate language or expression” includes,
but is not limited to, the use of any profanity, obscene language, public
lewdness or the use of public lewdness, comments with sexual overtones, distribution
and/or discussion of any pornography.
8.
“Inappropriate staff conduct” is any conduct
prohibited by this Policy and corresponding Regulation including any other
conduct deemed by the Commissioner of Education, the State Board of Education,
statute, administrative code, and/or the judicial case law to be inappropriate
conduct and/or conduct unbecoming a school staff member.
9.
“Quid Pro Quo Sexual Harassment” is when a school
employee explicitly or implicitly conditions a pupil’s participation in an educational
program or activity or bases an educational decision on the pupil’s submission
to unwelcomed sexual advances, requests for sexual
favors, or other favors, or other verbal, nonverbal, or physical conduct of a
sexual nature. Quid Pro Quo Harassment
is equally unlawful whether the pupil resists and suffers the threatened harm
or submits and thus avoids the threatened harm.
10.
“Professional responsibility” or “professional
responsibilities” is the professional responsibilities of the staff member including,
but not limited to, all school district sponsored extra-curricular activities,
co-curricular activities, athletic coaching responsibilities; and other
instructional or non-instructional positions and responsibilities appointed
and/or assigned by the administration or Board.
11.
“Promptly report” is reporting by the end of the
next school day. If school is not in
session the next day, then by the end of the first day after the weekend or
holiday break. If this reporting time
would exceed seventy-two hours, the staff member shall notify the
Superintendent no later than seventy-two hours after the required reporting
time.
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File Code: 4119.1
Inappropriate
Staff Conduct (continued)
12.
“Sexual Harassment” is to include quid pro quo
sexual harassment and/or hostile environment sexual harassment.
13.
“Staff member” or “school staff member” is a
compensated and/or uncompensated member of the school district’s staff,
including any agents and/or representatives of the school district.
14.
“Unannounced or uninvited visit” is a pupil
visiting, without prior notice to the staff member or without an invitation
from the staff member, the staff member’s residence and/or other place where
the staff member may be when not performing school related professional
responsibilities.
B.
Reporting Procedure
1.
Any staff member who believes, or has reason to
believe, a pupil is seeking a relationship with the staff member beyond his/her
professional responsibilities must promptly report this information to the Building
Principal or immediate supervisor.
2.
Any staff member who believes, or has reason to
believe, a pupil is seeking a relationship with another staff member beyond the
professional responsibilities of the other staff member or believes, or has
reason to believe, another staff member is seeking a relationship with a pupil
beyond the professional responsibilities of the other staff member must
promptly report this information to the Building Principal or immediate
supervisor.
3.
Any staff member who
believes he/she had, or may have, engaged in conduct prohibited by this Policy
and Regulation must promptly report the conduct to the Building Principal or
immediate supervisor.
4.
Failure of a staff member to report conduct they
know, or had reason to know, is prohibited by this Policy and Regulation will
result in appropriate disciplinary action.
5.
Any pupil, parent, legal guardian and/or other
persons who believes, or has reason to believe, a staff member has engaged in
conduct prohibited by this Policy and Regulation shall promptly report the
conduct to the Superintendent.
6.
Any person, including school staff, may make an
anonymous report to the Superintendent, if the person in good faith believes,
or has reason to believe, a staff member has engaged in conduct prohibited by
this Policy and Regulation.
Page
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File Code: 4119.1
Inappropriate
Staff Conduct (continued)
7.
School staff having reasonable cause to believe a
pupil has been subjected to child abuse or neglect or acts of child abuse or
neglect as defined under N.J.S.A.
9:6-8.10 are required to immediately report to the Division of Youth and Family
Services in accordance with N.J.A.C.
6A:16-10.1 et seq. and inform the Building Principal or immediate
supervisor after making such report.
C.
Investigation of Reports
1.
An immediate supervisor or Building Principal who
receives a report a staff member engaged in, or may have engaged in, conduct
prohibited by this Policy and Regulation will immediately notify the
Superintendent.
2.
The Superintendent will begin a prompt and thorough
investigation into every report.
3.
The Superintendent will take such appropriate
action as provided for in the law and as necessary at any time after receiving
a report. This action may include, but
is not limited to, notifying law enforcement, notifying the Division of Youth
and Family Services, if there is reasonable cause to believe a pupil has been
subjected to child abuse or neglect or acts of child abuse or neglect as
defined under N.J.S.A. 9:6-8.10 and in
accordance with N.J.A.C. 6A:16-10.2 et
seq. and/or any other measure provided for in the law.
D.
Preliminary Investigation of Reports by Others
1.
The Superintendent will begin a prompt, thorough,
and impartial investigation. The preliminary investigation will be completed no
more than ten working days after the Superintendent received the report.
2.
The Superintendent’s preliminary investigation may
include, but is not limited to, interviews with staff members who may have
potential knowledge of the alleged conduct, interviews with any pupils who may
have potential knowledge of such conduct, interviews with parents/ legal
guardian or any other persons who may have potential knowledge of the alleged
conduct, and interview(s) with the school staff member(s) and pupil(s) reported
to have engaged in conduct prohibited by this Policy and Regulation.
3.
The Superintendent will request, if relevant to an
investigation, the parent(s) or legal guardian(s) of any pupil involved in the
investigation to assist in the investigation to determine if inappropriate
staff conduct may have existed.
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Inappropriate
Staff Conduct (continued)
4.
If, based on a preliminary investigation, the
Superintendent determines conduct prohibited by this Policy and Regulation did
not exist the Superintendent will meet with the staff member(s) and the
parent(s)/legal guardian(s) of the pupil(s) reported to review the results of
the preliminary investigation. The
preliminary investigation report indicating inappropriate conduct did not exist
will be in writing and will be provided to the staff member(s) and to the parent(s)/legal guardian(s) if requested.
The Superintendent will maintain a separate file
for all such reports and the report will not be included in the staff member’s
personnel file.
5.
If, based on a preliminary investigation, the
Superintendent deems inappropriate staff conduct may have occurred, he/she will
immediately notify and meet with the staff member(s) and the parent(s)/legal
guardian(s) of the pupil(s) indicated in the report to review the procedures to
be followed in a continued full investigation.
A copy of this Regulation and corresponding Policy will be provided to
the staff member(s) and to the parent(s)/legal guardian(s) of the pupil
indicated in the report upon request;
E.
Full Investigation
1.
The Superintendent,
finding that inappropriate staff conduct may have occurred after the
preliminary investigation, requires a full investigation. This full investigation may be conducted in
cooperation with the Division of Youth and Family Services in accordance with N.J.A.C. 6A:16-10.2 and/or local law
enforcement.
2.
The Superintendent will conduct the full
investigation if the Division of Youth and Family Services and/or local law
enforcement does not intervene or if the allegations do not meet the reporting
requirements of N.J.A.C. 6A:16-10.2 et
seq. for reporting to the Division of Youth and Family Services and/or
of N.J.A.C. 6A:16-6.3 for reporting to
law enforcement.
3.
The full investigation will include, but not be
limited to, interviews with the staff member(s), pupils, parents/legal
guardians and any other persons who know, or would have reason to know, a staff
member may have engaged in inappropriate staff conduct.
4.
The Superintendent will accept testimony and
evidence from the staff member(s), pupil(s), parent(s) or legal guardian(s) and other persons who
may information relevant to the investigation.
5.
All persons that provide information, testimony and
evidence to the Superintendent relative to a report will be informed the
information, testimony and evidence may be used in additional investigations
and/or hearings as determined by the Superintendent of Schools.
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Inappropriate
Staff Conduct (continued)
6.
Upon the conclusion of the interviews and review of
the information, testimony and evidence, the Superintendent will prepare a
written report. The report will provide
a summary of the interviews and information, testimony and evidence and, if
possible, a finding from the Superintendent.
7.
If the Superintendent’s full investigation report
finds inappropriate staff conduct and/or conduct unbecoming a school staff
member did not occur, the Superintendent will notify and meet with the staff
member(s) and the parent(s)/legal guardian(s) of the pupil(s) investigated to
review the findings.
8.
If the Superintendent’s full investigation report
finds inappropriate staff conduct and/or conduct unbecoming a school staff
member may have occurred, the Superintendent may take
such appropriate action necessary and as provided for in the law. This action may include, but is not be
limited to:
a. Provide the staff member an opportunity
to rebut the findings of the Superintendent’s full investigation report and findings;
b. Recommend to the Board of Education the
withholding of the staff member’s salary increment/increase for the subsequent
school year;
c. Not recommend the staff member be
re-appointed for the next school year;
d. Recommend to the Board of Education the
staff member be terminated for inappropriate staff conduct and/or conduct
unbecoming a school staff member;
e. Institute tenure charges in accordance
with N.J.A.C. 6A:3-5 – Charges Under Tenure Employees’ Hearing Act;
f. Recommend to the Board of Education
any other disciplinary measures as the Superintendent of Schools determines to
be appropriate under the circumstances and in accordance with any collective
bargaining agreements between the employee representative association and the
Board of Education.
9. Any person who is not satisfied with
the Superintendent’s determination may appeal to the Board of Education.
First
Second Reading:
August 24, 2004
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