Policy: 5005
Section: 5000 – Personnel

Employment Disclosures, Certification Requirements, Assurances and Approval

The board has the legal responsibility of employing all staff. The responsibility of administering the recruitment process is assigned to the superintendent. Prior to final action by the board, a prospective staff member will present necessary documents which establish eligibility to work and attest to his/her eligibility as required by federal immigration law. The superintendent will certify that he/she has: “examined the documents which were presented to me by the new hire, that the documents appear to be genuine, that they appear to relate to the individual named, and that the individual is a U.S. citizen, a legal permanent resident, or a non-immigrant alien with authorization to work.” This certification will be made on the I-9 form issued by the Federal Immigration and Naturalization Service.

The district will report all new hires to the state Department of Social and Health Services Division of Child Support as required by P.L. 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

The district will require that every prospective staff member sign a release form allowing the district to contact school employers regarding prior acts of sexual misconduct. The applicant will authorize current and past school district employers including employers outside of Washington to disclose to the district sexual misconduct, if any, and make available to the district all documents in the employer’s personnel, investigative or other files related to the sexual misconduct. The applicant is not prohibited from employment in Washington state if the laws or policies of another state prohibit disclosure of this information or if the out-of-state district denies the request.

Disclosure of Crime

Prior to employment of any unsupervised staff member or volunteer, the district will require the applicant to disclose whether he/she has been:

1. Convicted of any crime against persons;
    
2. Found in any dependency action under RCW 13.34 to have sexually assaulted or exploited any minor or to have physically abused any minor;
3. Found by a court in a domestic relations proceeding under Title 26 RCW to have sexually abused or exploited any minor or to have physically abused any minor;
4. Found in any disciplinary board final decision to have sexually abused or exploited any minor or to have physically abused any minor: or
    
5. Convicted of a crime related to drugs: manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance.

For purposes of this policy, unsupervised means not in the presence of another employee or volunteer and working with children under sixteen years of age or developmentally disabled persons. The disclosure will be made in writing and signed by the applicant and sworn to under penalty of perjury. The disclosure sheet will specify all crimes committed against persons.

Background Check

Prospective unsupervised staff members will have their records checked through the Washington State Patrol criminal identification system and through the Federal Bureau of Investigation. The record check will include a fingerprint check using a complete Washington state criminal identification fingerprint card.

Unsupervised volunteers and employees without unsupervised access to children will also be advised that they will be subjected to a name and birth date background check with the Washington State Patrol.

Applicants may be employed on a conditional basis pending the outcome of the background check and may begin conditional employment once completed fingerprint cards have been sent to the Washington State Patrol. If the background check reveals evidence of convictions, the candidate will not be recommended for employment, or if temporarily employed, will be terminated. When such a background check is received, the superintendent is directed to consult with legal counsel.

If a volunteer has undergone a criminal record check in the last two years for another entity, the district will request a copy from the volunteer, or have the volunteer sign a release permitting the entity for whom the check was conducted to provide a copy to the district.

Record Check Database Access Designee

The superintendent is directed to establish procedures for determining which staff members are authorized to access the Superintendent of Public Instruction’s record check database. Fingerprint record information is highly confidential and will not be re-disseminated to any organization or individual by district staff. Records of arrest and prosecution (RAP sheets) will be stored in a secure location separate from personnel and applicant files and access to this information is limited to those authorized to access the SPI record check database.

Certification Requirements

The district will require that certificated staff hold a Washington state certificate, with proper endorsement (if required for that certificate and unless eligible for out-of-endorsement assignment), for the role and responsibilities for which they are employed. Failure to meet this requirement will be just cause for termination of employment. State law requires that the initial application for certification will require a background check of the applicant through the Washington State Patrol criminal identification system and Federal Bureau of Investigation. No salary warrants may be issued to the staff member until the district has registered a valid certificate for the role to which he/she has been assigned.

In addition, any teacher who meets standard or continuing certification after August 30, 1987, must complete 150 hours of continuing education study every five years. Failure to satisfy this requirement will cause the certificate to lapse. If a certificated staff member with a lapsed certificate is issued a transitional certificate pursuant to WAC 181-79A-231 (7), he or she may be conditionally employed for up to two years while he or she meets the certificate reinstatement requirements.

Classified Staff

Classified staff who are engaged to serve less than twelve (12) months, will be advised of their employment status for the ensuing school year prior to the close of the school year. The superintendent will give “reasonable assurance” by written notice that the staff member will be employed during the next school year.

Board Approval

All staff members selected for employment will be recommended by the superintendent. Staff members must receive an affirmative vote from a majority of all members of the board. In the event an authorized position must be filled before the board can take action, the superintendent has the authority to fill the position with a temporary employee who will receive the same salary and benefits as a permanent staff member. The board will act on the superintendent’s recommendation to fill the vacancy at its next regular meeting.

Adoption Date: 09.27.04

Kiona-Benton City School District
Classification: Essential
Revised Dates: 02.08.16

Policy: 5010
Section: 5000 Personnel

Nondiscrimination and Affirmative Action

Nondiscrimination

The district will provide equal employment opportunity and treatment for all applicants and staff in recruitment, hiring, retention, assignment, transfer, promotion and training. Such equal employment opportunity will be provided without discrimination with respect to race, creed, religion, color, national origin, age, honorably-discharged veteran or military status, sex, sexual orientation including gender expression or identity, marital status, the presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a person with a disability.

The board will designate a staff member to serve as the compliance officer.

Affirmative Action

The district, as a recipient of public funds, is committed to undertake affirmative action which will make effective equal employment opportunities for staff and applicants for employment. Such affirmative action will include a review of programs, the setting of goals and the implementation of corrective employment procedures to increase the ratio of aged, persons with disabilities, ethnic minorities, women, and Vietnam veterans who are under-represented in the job classifications in relationship to the availability of such persons having requisite qualifications. Affirmative action plans may not include hiring or employment preferences based on gender or race, including color, ethnicity or national origin. Such affirmative action will also include recruitment, selection, training, education and other programs.

The superintendent will develop an affirmative action plan which specifies the personnel procedures to be followed by the staff of the district and will ensure that no such procedures discriminate against any individual. Reasonable steps will be taken to promote employment opportunities of those classes that are recognized as protected groups — aged, persons with disabilities, ethnic minorities and women and Vietnam veterans, although under state law, racial minorities, and women may not be treated preferentially in public employment.

This policy, as well as the affirmative action plan, regulations and procedures developed according to it, will be disseminated widely to staff in all classifications and to all interested patrons and organizations. Progress toward the goals established under this policy will be reported annually to the board.

Employment of Persons with Disabilities

In order to fulfill its commitment of nondiscrimination to those with disabilities, the following conditions will prevail:

1. No qualified person with disabilities will, solely by reason of a disability, be subjected to discrimination and the district will not limit, segregate or classify any applicants for employment or any staff member in any way that adversely affects his/her opportunities or status because of a disability. This prohibition applies to all aspects of employment from recruitment to promotions, and includes fringe benefits and other elements of compensation.
    
2. The district will make reasonable accommodation to the known physical or mental limitations of an otherwise qualified disabled applicant or staff member unless it is clear that an accommodation would impose an undue hardship on the operation of the district program. Such reasonable accommodations may include:
   1. Making facilities used by staff readily accessible and useable by persons with disabilities; and
   2. Job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters and other similar actions.
      
      ​In determining whether or not accommodation would impose an undue hardship on the district, factors to be considered include the nature and cost of the accommodation.
       
3. The district will not make use of any employment test or criteria that screens out persons with disabilities unless:
   1. The test or criteria is clearly and specifically job-related; and
   2. Alternate tests or criteria that do not screen out persons with disabilities are available. 
       
4. While the district may not make pre-employment inquiry as to whether an applicant has a disability or as to the nature and severity of any such disability, it may inquire into an applicant’s ability to perform job-related functions.
    
5. Any staff member who believes that there has been a violation of this policy or the law prohibiting discrimination because of a disability may initiate a grievance through the procedures for staff complaints. 

Nondiscrimination for Military Service

The district will not discriminate against any person who is a member of, applies to be a member or performs, has performed, applies to perform or has an obligation to perform service in a uniformed service, on the basis of that participation in a uniformed service. This includes initial employment, retention in employment, promotion or any benefit of employment. The district will also not discriminate against any person who has participated in the enforcement of these rights under state or federal law.

Adoption Date: 06.02.03

Kiona-Benton City School District
Classification: Priority
Revised Dates: 06.25.12; 03.24.14; 02.08.16

Policy: 5010P
Section: 5000 Personnel

Procedure – Nondiscrimination and Affirmative Action

Nondiscrimination

To ensure fairness and consistency, the following grievance procedure is to be used in the district’s relationship with its staff with regard to employment problems covered by state and federal equal employment opportunity laws and/or this affirmative action program. No staff member’s status with the district will be adversely affected in any way because the staff member utilized these procedures. As used in this procedure, “grievance” will mean a complaint which has been filed by a complainant relating to alleged violations of any state or federal anti-discrimination laws. A “complaint” will mean a charge alleging specific acts, conditions or circumstances which are in violation of the anti-discrimination laws. A “respondent” will mean the person alleged to be responsible or who may be responsible for the violation alleged in the complaint.

The primary purpose of this procedure is to secure an equitable solution to a justifiable complaint to this and the following steps will be taken:

Affirmative Action Plan

In order to secure an equitable solution to a justifiable complaint the district will:

1. Make efforts to modify the composition of the future work force in order to work toward a full utilization of aged persons, persons with disabilities, racial and ethnic minorities, women, and Vietnam veterans in the various job categories.  
2. Ensure that all applicants and staff are considered on the basis of bona fide job-related qualifications. The purpose of the affirmative action plan is to actively include persons of under-utilized classes in the employment process, not to exclude others from it. The district will continue to emphasize in all recruitment contacts that nondiscrimination is a basic element in the district’s personnel procedures.  
3. Be responsible for reviewing all employment procedures and programs to assure that there is no indication of discriminatory practices. The district will continue to use aged persons, persons with disabilities, racial and ethnic minorities, women and Vietnam veterans in the recruitment and employment process. Job descriptions for classified staff will be sent to the Washington Employment Service and other organizations which are recruiting sources for groups that may be under-utilized in the district’s work force. Recruitment from colleges and universities will include institutions with high percentages of students of various ethnic minorities.  
4. Contract and purchase all goods and services from persons, agencies, vendors, contractors, and organizations who comply with the appropriate laws and executive orders regarding discrimination.  
5. Take appropriate action to attract and retain aged persons, persons with disabilities, racial and ethnic minorities, women and Vietnam Veterans at all levels and in all segments of the district’s work force. Criteria for selecting staff will be reviewed regularly to assure that such statements relate directly to the requirements for specific positions. However, pursuant to state law there will be no preferential employment practices based on race or gender.  
6. Upgrade present staff by providing management development training to assure that individuals of under-utilized groups are prepared for positions of new and increased responsibility.

Implementation of the affirmative action plan will be the responsibility of the superintendent. Administrators will assist in the attainment of the established goals and purposes of this affirmative action plan.

Dissemination

The district will disseminate information concerning employment and developments under the affirmative action plan on a planned basis to assist in achieving the goals set forth in this plan. Affirmative action information will be disseminated by:

1. Printing and distributing such information to staff, school libraries, and offices;  
2. Publicizing such information in district newsletters;  
3. Conducting meetings with administrative staff to explain the intent and advantages of the policy and plan;  
4. Conducting faculty meetings and meetings with classified staff;  
5. Informing appropriate and interested recruiting and hiring sources; and  
6. Informing all representative staff groups in the district.

Male/Female Balance and Staff Goals

The district will see that measurable efforts are made in the utilization of women for higher levels of responsibility in both certificated and classified positions. The district will make good faith effort to recruit, interview, and employ individuals consistent with the district commitment to nondiscrimination and affirmative action for all positions and in every department, school, and level of operation. Preferential or adverse employment practices, including demotions or termination will not be used to meet stated goals or time lines.

1. Administrators Goal:  To place females in administrative positions. Objectives: To place females in administrative positions as they become available which falls within a range of 50 % men and/or women, without using preferential employment practices. To identify qualified potential candidates from outside the district for consideration for future openings.  
2. Principals and Assistant Principals Goal: To place females in principal positions. Objective: To place females in principal and assistant principal positions as they occur and trained women are available, without using preferential employment practices.  
3. Teachers, Elementary or grades K-8 Goal: To provide each student with the opportunity to experience both male and female homeroom teachers during the primary as well as the intermediate grades. Objective: To achieve a staff which falls within a range of 50 % men and/or women in the primary as well as the intermediate grades at each school, without using preferential employment practices.  
4. Teachers, Secondary or grades 9-12 Goal: To provide students with the opportunity to work with male and female staff in both curricular and extracurricular activities. Objective: To maintain a staff which falls within a range of 50 % men and/or women for classroom teachers and activity supervisors, without using preferential employment practices.  
5. Support Staff — Certificated and Classified Objective: To achieve a staff which falls within a range of 50 % men and/or women, without using preferential employment practices.

Racial and Ethnic Minority Balance and Staff Goals

The profiles of the district’s current student ethnic minority population and the district’s current ethnic minorities (American Indian/ Native American, Asian, Black, and Hispanic) are set forth in state diversity report. By the commencement of the 2020 school year the district will strive to achieve a rate of employment for ethnic minorities in both certificated and classified areas as indicated in this plan, without using preferential employment practices. These goals are a utilization level for certificated staff, at least equal to the percentage of ethnic minority student enrollment within the district; for classified staff a utilization level of at least 40 %.

The district will see that measurable efforts are made in the utilization of ethnic minorities for higher levels of responsibility in both certificated and classified positions, without using preferential employment practices. The district will make good faith effort to recruit, interview, and employ individuals consistent with the district commitment to nondiscrimination and affirmative action for all positions and in every department, every school and at every level of operation. Preferential or adverse employment practices, including demotions or termination will not be used to meet stated goals or time lines.

1. Administrators Goal: To place ethnic minorities in administrative positions, without using preferential employment practices. Objectives: To place ethnic minorities in administrative positions as they become available to progress toward the percentage of ethnic minorities in the current ethnic minority student enrollment. To identify qualified potential candidates from outside the district for consideration for future openings.  
2. Principals and Assistant Principals Goal: To place ethnic minorities in principal positions. Objective: To place ethnic minorities in principal and assistant principal positions as they occur and trained applicants are available, without using preferential employment practices.  
3. Teachers: Elementary or grades K-8 Goal: To provide each student with the opportunity to experience ethnic minority homeroom teachers during the primary as well as the intermediate grades, without using preferential employment practices. Objective: To achieve a staff of primary and intermediate teachers in which the percentage of ethnic minorities is comparable to that of the current ethnic minority student enrollment.  
4. Teachers: Secondary or grades 9-12 Goal: To provide students with the opportunity to work with ethnic minority staff in both curricular and extracurricular activities. Objective: To maintain a staff of classroom teachers and activity supervisors in which the percentage of ethnic minorities is comparable to that of the current ethnic minority student enrollment, without using preferential employment practices.  
5. Support Staff - Certificated and Classified Objective: To achieve a staff of certificated and classified support staff in which the percentage of ethnic minorities is comparable to that of the current ethnic minority student enrollment, without using preferential employment practices.

Internal Audit and Monitoring System

The superintendent’s office, in compliance with WAC 162-12, Pre-employment Inquiry Guide, will record applicant flow, new hires, promotions, transfer requests, transfers, administrative internships, and terminations by age, race, sex, and other protected status. An analysis will be made of the internal and external work force availability of racial and ethnic minorities and women.

The district will evaluate the effectiveness of the nondiscrimination and affirmative action program and report its status to the board semiannually. Such reports may include recommendations for changes in the affirmative action program goals. The overall responsibility for monitoring and auditing this policy is assigned to the district office. The duties include:

1. Analysis of the categories of employment in relation to affirmative action goals;  
2. Analysis of work force data and applicant flow;  
3. Maintaining records relative to affirmative action information;  
4. Preparation of semiannual reports of progress toward the goals and recommended changes required to maintain the vitality of the program;  
5. Identifying in a written report to the superintendent any employment practice or policy that is discriminatory or that does not meet the requirements of the affirmative action program; and  
6. Keeping the superintendent advised of the progress in implementing the goals and procedures of this affirmative action program.

Grievance Procedure

To ensure fairness and consistency, the following review procedures are to be used in the district’s relationship with its staff with regard to employment problems covered by state and federal equal employment opportunity laws and/or this affirmative action program. No staff member’s status with the district will be adversely affected in any way because the staff member utilized these procedures.

1. Grievance means a complaint which has been filed by an employee relating to alleged violations of any state or federal anti-discrimination laws.  
2. Complaint means a written charge alleging specific acts, conditions or circumstances, which are in violation of the anti-discrimination laws. The time period for filing a complaint is one year from the date of the occurrence that is the subject matter of the complaint. However, a complaint filing deadline may not be imposed if the complainant was prevented from filing due to: 1) Specific misrepresentations by the district that it had resolved the problem forming the basis of the complaint; or 2) Withholding of information that the district was required to provide under WAC 392-190-065 or WAC 392-190-005. Complaints may be submitted by mail, fax, e-mail or hand-delivery to any district, school or to the district compliance officer responsible for investigating discrimination complaints. Any district employee who receives a complaint that meets these criteria will promptly notify the compliance officer.    
3. Respondent means the person alleged to be responsible or who may be responsible for the violation alleged in the complaint.

The primary purpose of this procedure is to secure an equitable solution to a justifiable complaint. To this end, specific steps will be taken. The district is prohibited by law from intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with their right to file a grievance under this procedure and from retaliating against an individual for filing such a grievance.

1. Informal Process for Resolution – When a staff member has an employment problem concerning equal employment opportunity, he/she will discuss the problem with the immediate supervisor, personnel director or superintendent within 60 days of the circumstances which gave rise to the problem. The staff member may also ask the compliance officer to participate in the informal review procedure. It is intended that the informal discussion will resolve the issue. If the staff member feels he/she cannot approach the supervisor because of the supervisor’s involvement in the alleged discrimination, the staff member may directly contact the compliance officer before pursuing formal procedures. If the discussion with the officer or immediate supervisor does not resolve the issue the staff member may proceed to the formal review procedures. During the course of the informal process, the district will notify complainant of their right to file a formal complaint.  
2. Formal Process for Resolution

Level One: Complaint to District – The complaint must set forth the specific acts, conditions, or circumstances alleged to be in violation. Upon receipt of a complaint, the compliance officer will provide the complainant a copy of this procedure. The compliance officer will investigate the allegations within 30 calendar days. The school district and complainant may agree to resolve the complaint in lieu of an investigation. The officer will provide the superintendent with a full written report of the complaint and the results of the investigation. The superintendent or designee will respond to the complainant with a written decision as expeditiously as possible, but in no event later than 30 calendar days following receipt of the written complaint, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit. In the event an extension is needed, the district will notify the complainant in writing of the reason for the extension and the anticipated response date. At the time the district responds to the complainant, the district must send a copy of the response to the office of the superintendent of public instruction. The decision of the superintendent or designee will include: 1) a summary of the results of the investigation; 2) whether the district has failed to comply with anti-discrimination laws; 3) if non-compliance is found, corrective measures the district deems necessary to correct it; and 4) notice of the complainant’s right to appeal to the school board and the necessary filing information. The superintendent’s or designee’s response will be provided in a language the complainant can understand and may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964.  Any corrective measures deemed necessary will be instituted as expeditiously as possible, but in no event later than 30 calendar days following the superintendent’s mailing of a written response to the complaining party unless otherwise agreed to by the complainant.

Level Two - Appeal to Board of Directors – If a complainant disagrees with the superintendent’s or designee’s written decision, the complainant may file a written notice of appeal with the secretary of the board within ten (10) calendar days following the date upon which the complainant received the response. The board will schedule a hearing to commence by the twentieth (20) calendar day following the filing of the written notice of appeal unless otherwise agreed to by the complainant and the superintendent or for good cause. Both parties will be allowed to present such witnesses and testimony as the board deems relevant and material. Unless otherwise agreed to by the complainant, the board will render a written decision within thirty (30) calendar days following the filing of the notice of appeal and provide the complainant with a copy of the decision. The decision of the board will be provided in a language the complainant can understand, which may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act. The decision will include notice of the complainant’s right to appeal to the Office of Superintendent of Public Instruction and will identify where and to whom the appeal must be filed. The district will send a copy of the appeal decision to the Office of Superintendent of Public Instruction.  

Level Three - Complaint to the Superintendent of Public Instruction – If a complainant disagrees with the decision of the board of directors, or if the district fails to comply with this procedure, the complainant may file a complaint with the Office of Superintendent of Public Instruction. ​

1. A complaint must be received by the Office of Superintendent of Public Instruction on or before the twentieth (20) calendar day following the date upon which the complainant received written notice of the board of directors’ decision, unless the Office of Superintendent of Public Instruction grants an extension for good cause Complaints may be submitted by mail, fax, electronic mail, or hand delivery.  
2. A complaint must be in writing and include: 1) A description of the specific acts, conditions or circumstances alleged to violate applicable anti-discrimination laws; 2) The name and contact information, including address, of the complainant; 3) The name and address of the district subject to the complaint; 4) A copy of the district’s complaint and appeal decision, if any; and 5) A proposed resolution of the complaint or relief requested. If the allegations regard a specific student, the complaint must also include the name and address of the student, or in the case of a homeless child or youth, contact information.  
3. Upon receipt of a complaint, the Office of the Superintendent of Public Instruction may initiate an investigation, which may include conducting an independent on-site review. OSPI may also investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the superintendent or board. Following the investigation, OSPI will make an independent determination as to whether the district has failed to comply with RCW 28A.642.010 or Chapter 392-190, WAC and will issue a written decision to the complainant and the district that addresses each allegation in the complaint and any other noncompliance issues it has identified. The written decision will include corrective actions deemed necessary to correct noncompliance and documentation the district must provide to demonstrate that corrective action has been completed.   

All corrective actions must be completed within the timelines established by OSPI in the written decision unless OSPI grants an extension. If timely compliance is not achieved, OSPI may take action including but not limited to referring the district to appropriate state or federal agencies empowered to order compliance.   

A complaint may be resolved at any time when, before the completion of the investigation, the district voluntarily agrees to resolve the complaint. OSPI may provide technical assistance and dispute resolution methods to resolve a complaint.   

Level Four - Administrative Hearing – A complainant or school district that desires to appeal the written decision of the Office of the Superintendent of Public Instruction may file a written notice of appeal with OSPI within thirty (30) calendar days following the date of receipt of that office’s written decision. OSPI will conduct a formal administrative hearing in conformance with the Administrative Procedures Act, Chapter 34.05, RCW

3. Mediation – At any time during the discrimination complaint procedure set forth in WAC 392-190-065 through 392-190-075, a district may, at its own expense, offer mediation. The complainant and the district may agree to extend the discrimination complaint process deadlines in order to pursue mediation. The purpose of mediation is to provide both the complainant and the district an opportunity to resolve disputes and reach a mutually acceptable agreement through the use of an impartial mediator. Mediation must be voluntary and requires the mutual agreement of both parties.  It may be terminated by either party at any time during the mediation process. It may not be used to deny or delay a complainant’s right to utilize the complaint procedures.  Mediation must be conducted by a qualified and impartial mediator who may not: 1) Be an employee of any school district, public charter school, or other public or private agency that is providing education related services to a student who is the subject of the complaint being mediated; or 2) Have a personal or professional conflict of interest. A mediator is not considered an employee of the district or charter school or other public or private agency solely because he or she serves as a mediator.  If the parties reach agreement through mediation, they may execute a legally binding agreement that sets forth the resolution and states that all discussions that occurred during the course of mediation will remain confidential and may not be used as evidence in any subsequent complaint, due process hearing or civil proceeding. The agreement must be signed by the complainant, and a district representative who has authority to bind the district.

4. Preservation of Records – The files containing copies of all correspondence relative to each complaint communicated to the district and the disposition, including any corrective measures instituted by the district, will be retained in the office of the district compliance officer for a period of 6 years.

Resources

1. District Contact Diann Zavala Director of Special Services, 588-2024  
2. State Contacts Superintendent of Public Instruction Equity and Civil Rights Office P.O. Box 47200 Olympia, WA  98504-7200 360.725.6162
3. Washington State Human Rights Commission 711 South Capitol Way, Suite 402 P.O. Box 42490 Olympia, WA 98504-249 360.753.6770
4. Office for Civil Rights U.S. Department of Education 915 Second Avenue, Room 3310 Seattle, WA  98174 206.607.1600

Adoption Date: Classification: Revised Dates: 12.00; 06.11; 12.14; 01.15; 05.18; 09.19

Policy: 5011
Section: 5000 – Personnel

Sexual Harassment of District Staff Prohibited

This district is committed to a positive and productive working environment free from discrimination, including sexual harassment. This commitment extends to all employees and other persons involved in academic, educational, extracurricular, athletic, and other programs or activities of the school, whether that program or activity is in a school facility, on school transportation, or at a class training held elsewhere.  

Definitions

For purposes of this policy, sexual harassment means unwelcome conduct or communication of a sexual nature. Sexual harassment can occur student to adult, adult to adult or can be carries out by a group of students or adults and will be investigated by the District even if the alleged harasser is not a part of the school staff or student body. The district prohibits sexual harassment of district employees by other students, employees or third parties involved in school district activities. 

Under federal and state law, the term "sexual harassment" includes:

• acts of sexual violence;
• unwelcome sexual or gender-directed conduct or communications that interferes with an individual's employment performance or creates an intimidation, hostile, or offensive environment;
• unwelcome sexual advances; 
• unwelcome requests for sexual favors;
• sexual demands when submission is a stated or implied obtaining work opportunity or other benefit;
• sexual demands where submission or rejection is a factor in a work or other school-related decision affecting an individual.

A "hostile environment" for an employee is created where the unwanted conduct is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidation, hostile, or abusive.

Investigation and Response

If the district knows, or reasonably should know, that sexual harassment has created a hostile environment, the district will promptly investigate to determine what occurred and will take appropriate steps to resolve the situation. If an investigation reveals that sexual harassment has created a hostile environment, the district will take prompt and effective steps reasonably calculated to end sexual harassment, eliminate the hostile environment, prevent its occurrence and, as appropriate, remedy its effects. the district will take prompt, equitable and remedial action within its authority every time a report, complaint and grievance alleging sexual harassment comes to the attention of the district, either formally or informally.

Allegations of criminal misconduct will be reported to law enforcement and suspected child abuse will be reported to law enforcement or Child Protective Services. Regardless of whether the misconduct is reported to law enforcement, school staff will promptly investigate to determine what occurred and take appropriate steps to resolve the situation to the extent that such investigation does not interfere with an on-going criminal investigation. A criminal investigation does not relieve the district of its independent obligation to investigate and resolve sexual harassment.

Engaging in sexual harassment will result in appropriate discipline or other appropriate sanctions against offending staff or third parties involved in school district activities. Anyone else who engages in sexual harassment on school property or at school activities will have their access to school property and activities restricted, as appropriate.

Retaliation and False Allegations

Retaliation against any person who makes or is a witness in a sexual harassment complaint is prohibited and will result in appropriate discipline.  The district will take appropriate actions to protect involved persons from retaliation.

It is a violation of this policy to knowingly report false allegations of sexual harassment.  Persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline

Staff Responsibilities

The superintendent will develop and implement formal and informal procedures for receiving, investigating and resolving complaints or reports of sexual harassment.  The procedures will include reasonable and prompt time lines and delineate staff responsibilities under this policy.

Any school employee who witnesses sexual harassment or receives report, informal complaint, or written complaint about sexual harassment is responsible for informing the district's Title IX or Civil Rights Compliance Coordinator. All staff are also responsible for directing complainants to the formal complaint process. 

Reports of discrimination and discriminatory harassment will be referred to the district’s Title IX/Civil Rights Compliance Coordinator. Reports of disability discrimination or harassment will be referred to the district’s Section 504 Coordinator.  

Notice and Training

The superintendent will develop procedures to provide information and education to district staff, parents and volunteers regarding this policy and the recognition and prevention of sexual harassment.   At a minimum, sexual harassment recognition and prevention and the elements of this policy will be included in staff and regular volunteer orientation.  This policy and the procedure, which includes the complaint process, will be posted in each district building in a place available to staff, parents, volunteers and visitors. Information about the policy and procedure will be clearly stated and conspicuously posted throughout each school building, provided to each employee and reproduce in each staff, volunteer and parent handbook. Such notices will identify the District's Title IX coordinator and provide contact information, including the coordinator's email address.

Policy Review

The superintendent will make an annual report to the board reviewing the use and efficacy of this policy and related procedures.  Recommendations for changes to this policy, if applicable, will be included in the report.  The superintendent is encouraged to involve staff, volunteers and parents in the review process.

Adoption Date: 06.02.03

Kiona-Benton City School District
Classification: Essential
Revised Dates: 04.28.15; 03.24.14; 02.08.16

Policy: 5011P
Section: 5000 – Personnel

Procedure Sexual Harassment of District Staff Prohibited

The procedure is intended to set forth the requirements of Policy 5011, including the process for a prompt, thorough, and equitable investigation of allegations of sexual harassment and the need to take appropriate steps to resolve such situations.  If sexual harassment is found to have created a hostile environment, staff must take immediate action to eliminate the harassment, prevent its reoccurrence, and address its effects.

This procedure applies to sexual harassment (including sexual violence) targeted at district employees carried out by other students, employees or third parties involved in school district activities.  The district has jurisdiction over these complaints pursuant to Title IX of the Education Amendments of 1972, Chapter 28A.640, RCW and Chapter 392-190 WAC. 

Notice

Information about the district’s sexual harassment policy will be easily understandable and conspicuously posted throughout each school building, provided to each employee and reproduced in each staff, volunteer and parent handbook. In addition to the posting and reproduction of this procedure and Policy 5011, the district will provide annual notice to employees that complaints pursuant to this procedure may be filed at 1105 Dale Ave. Benton City, Wa. 

Staff Responsibilities

In the event of an alleged sexual assault, the school principal will immediately inform: 1) the Title IX/Civil Rights Compliance Coordinator so that the district can appropriately respond to the incident consistent with its own grievance procedures; and 2) law enforcement. The principal will notify the targeted district staff person of their right to file a criminal complaint and a sexual harassment complaint simultaneously.

Confidentiality

If a complainant requests that his or her name not be revealed to the alleged perpetrator or asks that the district not investigate or seek action against the alleged perpetrator, the request will be forwarded to the Title IX/Civil Rights Compliance Coordinator for evaluation.  The Title IX/Civil Rights Compliance Coordinator should inform the complainant that honoring the request may limit its ability to respond fully to the incident, including pursuing disciplinary action against the alleged perpetrator.

If the complainant still requests that his or her name not be disclosed to the alleged perpetrator or that the district not investigate or seek action against the alleged perpetrator, the district will need to determine whether or not it can honor such a request while still providing a safe and nondiscriminatory environment for all students, staff and other third parties engaging in district activities, including the person who reported the sexual harassment. Although a complainant’s request to have his or her name withheld may limit the district’s ability to respond fully to an individual allegation of sexual harassment, the district will use other appropriate means available to address the sexual harassment. 

Retaliation

Title IX prohibits retaliation against any individual who files a complaint under these laws or participates in a complaint investigation.  When an informal or formal complaint of sexual harassment is made, the district will take steps to stop further harassment and prevent any retaliation against the person who made the complaint, was the subject of the harassment, or against those who provided information as a witness. The district will investigate all allegations of retaliation and take actions against those found to have retaliated.

Informal Complaint Process

Anyone may use informal procedures to report and resolve complaints of sexual harassment. Informal reports may be made to any staff member. Staff will always notify complainants of their right to file a formal complaint and the process for same. Staff will also direct potential complainants to an appropriate staff member who can explain the informal and formal complaint processes and what a complainant can expect. Additionally, staff will also inform an appropriate supervisor or professional staff member when they receive complaints of sexual harassment, especially when the complaint is beyond their training to resolve or alleges serious misconduct.

During the course of the informal complaint process, the district will take prompt and effective steps reasonably calculated to end any harassment and to correct any discriminatory effects on the complainant.  If an investigation is needed to determine what occurred, the district will take interim measures to protect the complainant before the final outcome of the district’s investigation (e.g., allowing the complainant to change academic or extracurricular activities or break times to avoid contact with the alleged perpetrator).

Informal remedies may include:

• An opportunity for the complainant to explain to the alleged harasser that his or her conduct is unwelcome, offensive or inappropriate, either in writing or face-to-face;
• A statement from a staff member to the alleged harasser that the alleged conduct is not appropriate and could lead to discipline if proven or repeated; 
• A general public statement from an administrator in a building reviewing the district sexual harassment policy without identifying the complainant.
• Developing a safety plan;
• Separating staff person; or
• Providing staff and/or student training.

Informal complaints may become formal complaints at the request of the complainant, parent or guardian, or because the district believes the complaint needs to be more thoroughly investigated. The district will inform the complainant how to report any subsequent problems.  Additionally, the district will conduct follow-up inquiries to see if there have been any new incidents or instances of retaliation, and to promptly respond and appropriately address continuing or new problems. Follow-up inquiries will follow a timeline agreed to by the district and complainant.

Formal Complaint Process

Level One – Complaint to District

Anyone may initiate a formal complaint of sexual harassment, even if the informal complaint process is being utilized. At any level in the formal complaint process, the district will take interim measures to protect the complainant before the final outcome of the district's investigation. All formal complaints will be in writing and will set forth the specific acts, conditions or circumstances alleged to have occurred and to constitute sexual harassment. The compliance officer may draft the complaint based on the report of the complainant for the complainant to review and approve. The superintendent or Title IX Coordinator may also conclude that the district needs to conduct an investigation based on information in his or her possession, regardless of the complainant's interest in filing a complaint.

• The time period for filing a complaint is one year from the date of the occurrence that is the subject matter of the complaint.  However, a complaint filing deadline may not be imposed if the complainant was prevented from filing due to: 1) Specific misrepresentations by the district that it had resolved the problem forming the basis of the complaint; or 2) Withholding of information that the district was required to provide under WAC 392-190-065 or WAC 392-190-005. 
• Complaints may be submitted by mail, fax, e-mail or hand-delivery to any district, school or to the district compliance officer responsible for investigating sexual harassment complaints. Any district employee who receives a complaint that meets these criteria will promptly notify the compliance officer.

Investigation and Response

• The Title IX Coordinator will receive and investigate all formal, written complaints of sexual harassment or information in the coordinator’s possession that they believe requires further investigation. The Coordinator will delegate his or her authority to participate in this process if such action is necessary to avoid any potential conflicts of interest. Upon receipt of a complaint, the Coordinator will provide the complainant a copy of this procedure.  
• Investigations will be carried out in a manner that is adequate in scope, reliable and impartial.  During the investigation process, the complainant and accused party or parties, if the complainant has identified an accused harasser(s), will have an equal opportunity to present witnesses and relevant evidence. Complainants and witnesses may have a trusted adult with them during any district-initiated investigatory activities. The school district and complainant may also agree to resolve the complaint in lieu of an investigation.
• When the investigation is completed, the Coordinator will compile a full written report of the complaint and the results of the investigation.

Superintendent Response​

• The superintendent will respond in writing to the complainant and the alleged perpetrator within thirty (30) calendar days of receipt of the complaint, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit.  In the event an extension is needed, the district will notify the complainant in writing of the reason for the extension and the anticipated response date.  At the time the district responds to the complainant, the district must send a copy of the response to the office of the superintendent of public instruction. 
• The response of the superintendent or designee will include: 1) a summary of the results of the investigation; 2) a statement as to whether a preponderance of the evidence establishes that the complainant was sexually harassed ; 3) if sexual harassment is found to have occurred, the corrective measures the district deems necessary, including assurance that the district will take steps to prevent recurrence and remedy its effects on the complainant and others, if appropriate; 4) notice of the complainant’s right to appeal to the school board and the necessary filing information; and 5) any corrective measures the district will take, remedies for the complainant (e.g., sources of counseling, advocacy and other support), and notice of potential sanctions for the perpetrator(s) (e.g., discipline).
• The superintendent’s or designee’s response will be provided in a language the complainant can understand and may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964. If the complaint alleges discriminatory harassment by a named party or parties, the coordinator will provide the accused party or parties with notice of the outcome of the investigation and notice of their right to appeal any discipline or corrective action imposed by the district.
• Any corrective measures deemed necessary will be instituted as quickly as possible, but in no event more than thirty (30) days after the superintendent's mailing of a written response, unless the accused is appealing the imposition of discipline and the district is barred by due process considerations or a lawful order from imposing the discipline until the appeal process is concluded. Staff may also pursue complaints through the appropriate collective bargaining agreement process or anti-discrimination policy.
• The district will inform the complainant how to report any subsequent problems.  Additionally, the district will conduct follow-up inquiries to see if there have been any new incidents or instances of retaliation, and to promptly respond and appropriately address continuing or new problems.  Follow-up inquiries will follow a timeline agreed to by the district and complainant.
   

Level Two -Appeal to Board of Directors

Notice of Appeal and Hearing

• If a complainant disagrees with the superintendent’s or designee’s written decision, the complainant may appeal the decision to the district board of directors, by filing a written notice of appeal with the secretary of the board within ten (10) calendar days following the date upon which the complainant received the response. :
• The board will schedule a hearing to commence by the twentieth (20th) calendar day following the filing of the written notice of appeal, unless otherwise agreed to by the complainant and the superintendent or for good cause.   
• Both parties will be allowed to present such witnesses and testimony as the board deems relevant and material.

Decision

• Unless otherwise agreed to by the complainant, the board will render a written decision within thirty (30) calendar days following the filing of the notice of appeal and provide the complainant with a copy of the decision.
• The decision will be provided in a language that the complainant can understand which may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act. 
• The decision will include notice of the complainant’s right to appeal to the Superintendent of Public Instruction and will identify where and to whom the appeal must be filed. The district will send a copy of the appeal decision to the office of the superintendent of public instruction. 

Level Three - Complaint to the Superintendent of Public Instruction

Filing of Complaint

• If a complainant disagrees with the decision of the board of directors, or if the district fails to comply with this procedure, the complainant may file a complaint with the Superintendent of Public Instruction.
• A complaint must be received by the Superintendent of Public Instruction on or before the twentieth (20) calendar day following the date upon which the complainant received written notice of the board of directors’ decision, unless the Superintendent of Public Instruction grants an extension for good cause Complaints may be submitted by mail, fax, electronic mail, or hand delivery.
• A complaint must be in writing and include: 1) A description of the specific acts, conditions or circumstances alleged to violate applicable anti-sexual harassment laws; 2) The name and contact information, including address, of the complainant; 3) The name and address of the district subject to the complaint; 4) A copy of the district’s complaint and appeal decision, if any; and 5) A proposed resolution of the complaint or relief requested. If the allegations regard a specific student, the complaint must also include the name and address of the student, or in the case of a homeless child or youth, contact information.

​Investigation, Determination and Corrective Action

• Upon receipt of a complaint, the Office of the Superintendent of Public Instruction may initiate an investigation, which may include conducting an independent on-site review. OSPI may also investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the superintendent or board.
• Following the investigation, OSPI will make an independent determination as to whether the district has failed to comply with RCW 28A.642.010 or Chapter 392-190, WAC and will issue a written decision to the complainant and the district that addresses each allegation in the complaint and any other noncompliance issues it has identified.  The written decision will include corrective actions deemed necessary to correct noncompliance and documentation the district must provide to demonstrate that corrective action has been completed.
• All corrective actions must be completed within the timelines established by OSPI in the written decision unless OSPI grants an extension.  If timely compliance is not achieved, OSPI may take action including but not limited to referring the district to appropriate state or federal agencies empowered to order compliance.

A complaint may be resolved at any time when, before the completion of the investigation, the district voluntarily agrees to resolve the complaint.  OSPI may provide technical assistance and dispute resolution methods to resolve a complaint.

Level Four - Administrative Hearing

A complainant or school district that desires to appeal the written decision of the Office of the Superintendent of Public Instruction may file a written notice of appeal with OSPI within thirty (30) calendar days following the date of receipt of that office’s written decision. OSPI will conduct a formal administrative hearing in conformance with the Administrative Procedures Act, Chapter 34.05, RCW.

Other Complaint Options

Office for Civil Rights (OCR), U.S. Department of Education

OCR enforces several federal civil rights laws, which prohibit discrimination in public schools on the basis of race, color, national origin, sex, disability, and age. File complaints with OCR within 180 calendar days of the date of the alleged discrimination.

206-607-1600 ǀ TDD: 1-800-877-8339 ǀ OCR.Seattle@ed.gov ǀ www.ed.gov/ocr 
 

Washington State Human Rights Commission (WSHRC)

WSHRC enforces the Washington Law Against Discrimination (RCW 49.60), which prohibits discrimination in employment and in places of public accommodation, including schools. File complaints with WSHRC within six months of the date of the alleged discrimination.

1-800-233-3247 ǀ TTY: 1-800-300-7525 ǀ www.hum.wa.gov

Mediation

At any time during the complaint procedure set forth in WAC 392-190-065 through 392-190-075, a district may, at its own expense, offer mediation.  The complainant and the district may agree to extend the complaint process deadlines in order to pursue mediation.

The purpose of mediation is to provide both the complainant and the district an opportunity to resolve disputes and reach a mutually acceptable agreement through the use of an impartial mediator. Mediation must be voluntary and requires the mutual agreement of both parties.  It may be terminated by either party at any time during the mediation process. It may not be sued to deny or delay a complainant’s right to utilize the complaint procedures.

Mediation must be conducted by a qualified and impartial mediator who may not:

1) Be an employee of any school district, public charter school, or other public or private agency that is providing education related services to a student who is the subject of the complaint being mediated; or

2) Have a personal or professional conflict of interest. A mediator is not considered an employee of the district or charter school or other public or private agency solely because he or she serves as a mediator.

If the parties reach agreement through mediation, they may execute a legally binding agreement that sets forth the resolution and states that all discussions that occurred during the course of mediation will remain confidential and may not be used as evidence in any subsequent complaint, due process hearing or civil proceeding.  The agreement must be signed by the complainant and a district representative who has authority to bind the district. 

Training and Orientation

A fixed component of all district orientation sessions for staff, students and regular volunteers will introduce the elements of this policy. Staff will be provided information on recognizing and preventing sexual harassment. Staff will be fully informed of the formal and informal complaint processes and their roles and responsibilities under the policy and procedure.

Certificated staff will be reminded of their legal responsibility to report suspected child abuse, and how that responsibility may be implicated by some allegations of sexual harassment. Regular volunteers will get the portions of this component of orientation relevant to their rights and responsibilities.

Students will be provided with age-appropriate information on the recognition and prevention of sexual harassment and their rights and responsibilities under this and other district policies and rules at student orientation sessions and on other appropriate occasions, which may include parents.

As part of the information on the recognition and prevention of sexual harassment staff, volunteers, students and parents will be informed that sexual harassment may include, but is not limited to:

• Demands for sexual favors in exchange for preferential treatment or something of value;
• Stating or implying that a person will lose something if he or she does not submit to a sexual request;
• Penalizing a person for refusing to submit to a sexual advance, or providing a benefit to someone who does;
• Making unwelcome, offensive or inappropriate sexually suggestive remarks comments, gestures, or jokes; or remarks of a sexual nature about a person's appearance, gender or conduct;
• Using derogatory sexual terms for a person;
• Standing too close, inappropriately touching, cornering or stalking a person; or
• Displaying offensive or inappropriate sexual illustrations on school property.

Policy and Procedure Review

Annually, the superintendent or designee will convene an ad hoc committee composed of representatives of certificated and classified staff, volunteers, students and parents to review the use and efficacy of this policy and procedure. The Title IX/Civil Rights Compliance Coordinator will be included in the committee. Based on the review of the committee, the superintendent will prepare a report to the board including, if necessary, any recommended policy changes. The superintendent will consider adopting changes to this procedure if recommended by the committee.

Adoption Date:

Kiona-Benton City School District
Revised Dates: 2/8/16

Policy: 5050
Section 5000 – Personnel

Contracts

The district will contract annually with each applicable staff member. Such contract will be in conformity with state law and the policies and negotiated agreements of the district. The contract will be binding on the district and on the staff member and may not be abridged or abrogated during its term by either party except by mutual consent or as may be provided elsewhere in board policy or in negotiated agreements.

The contracts for certificated staff will be written for a period not to exceed one year. Upon the recommendation of the superintendent contracts for selected classified staff may be in writing and/or for a specific period of time not to exceed one year. Otherwise the employment of classified staff will be on a month-to-month basis commencing from the first day of work.

Supplemental contracts, which are not subject to the continuing contract statute, will be issued for services to be rendered in addition to a staff member’s normal “full-time” assignment.

1. Certificated Staff Contracts
   
   The district, upon recommendation of the superintendent and approval by a majority of the board of directors, will offer a certificated staff contract to the applicant so recommended and approved, such contract to state the salary to be paid based upon the applicable salary schedule, the number of days of service, effective date and term of the contract and to include the following statement: “failure to return this contract within ten (10) days of the above date of issuance will constitute a resignation or nonacceptance of employment or re-employment.” The contract will also include the following statement:

“This contract replaces the prior individual contract for the _________ school year.” And when applicable: “This contract will be subject to the terms and conditions of any collective bargaining agreement between the district and the organization certified or recognized as the negotiating representative for the certificated staff employed by the board. In the event that any of the provisions of this individual staff member contract shall be inconsistent with the provisions of any such collective bargaining agreement, then the terms of the collective bargaining agreement prevail.”
 

2. Provisional Employment
   
   The district will issue to certificated first, second and third year teaching or other non-supervisory certificated staff a “provisional contract” for “provisional employees” who are subject to non-renewal of employment as provided by law for such staff members. Staff who have completed a two year provisional term with another Washington State school district will be provisional employees only during their first year with the district. Such “provisional contract” will include the following rider: “It is understood and agreed that the staff member has not completed three years of employment in a Washington state public school district and that the provisions of RCW 28A.405.220 are applicable during the first three years of certificated employment of the staff member by the district or the first year of employment with the district if the staff member has completed at least two years of employment in another Washington state public school district.”
    
3. Retire-Rehires and Persons Replacing Certificated Staff on Leave
   
   The district will issue one-year, non-continuing contracts to persons who have retired from a certificated position in the state of Washington and are returning to employment under the “retire-rehire” provisions of state law. The district will issue “replacement employee” contracts upon the recommendation of the superintendent and action of the board, to certificated staff who replace certificated staff who have been granted leaves. Such contracts will be for the duration of the leave only and are not subject to the terms of the Continuing Contract Law. Such contracts will clearly state the terms and conditions of the contract. These contracts will include the following rider:

“It is understood and agreed that the staff member is employed pursuant to the provisions of RCW 28A.405. In accordance with the provisions of RCW 28A.405.900, this contract expire automatically at the end of the contract terms set forth herein and is not subject to the provisions of RCW 28A.405.210.”

4. Adjustments
   
   The district will provide for the review and adjustment of certificated staff contracts on the basis of information filed with the personnel office by ________________. The staff member will provide the personnel office, according to schedule, with the required information, including official college or university transcripts, official records of degrees completed, official records of approval and completion of authorized work for equivalent credits and all other pertinent data for contract adjustment purposes.
    
5. Supplemental Employment Agreements
   
   The district will issue separate supplemental employment agreements to certificated staff for service to be rendered in excess of a normal “full-time” assignment or for service to be rendered beyond the scheduled staff day or for service to be performed beyond the scheduled staff year. Supplemental contracts will also be issued for co-curricular activities and special responsibility assignments. Separate agreements will not exceed one year and if not renewed will not constitute an adverse change in contract status. Salary for services performed under supplemental employment agreements will be paid according to the current salary schedule for supervision of co-curricular activities or, in the case of extended time assignments, according to the applicable provisions for payment for the services rendered.
    
6. Consultants
   
   Staff consultant services may be obtained when unique knowledge or technical skills are needed. A description of desired services and an estimate of time and costs will be submitted to the superintendent or designee for action. Compensation will be determined by the superintendent or designee, but normally may not exceed that paid to a regular staff member with comparable duties. The honorarium paid to a consultant will be determined by the superintendent or designee, taking into account cost incurred and benefits derived therefrom. Compensation classification of a consultant on a personal services contract or payroll will be determined in compliance with the guidelines of the Internal Revenue Service.
    
7. Title I Employees
   
   All teachers working in a program supported with Title I funds who were hired on or after the first day of the 2002-2003 school year will be highly qualified, as defined by federal law and regulations.
   
   All paraprofessionals providing instructional support in a program supported by Title 1 funds hired after January 8, 2002 will have a secondary school diploma or a recognized equivalent and one (1) of the following:
   1. Completed at least two (2) years of study at an institution of higher learning;
       
   2. Obtained an associate’s or higher degree; or
       
   3. Met a rigorous standard of quality through a formal state or local assessment.

Paraprofessionals who are hired primarily as translators or solely to conduct family involvement activities do not need to meet these requirements. However, they must have earned a secondary school diploma or its recognized equivalent.

Adoption Date: 04.25.05

Kiona-Benton City School District
Classification: Essential
Revised Dates: 02.08.16

Policy: 5161
Section: 5000 - Personnel

Civility in the Workplace

The Kiona – Benton City School board believes that a safe, civil environment of mutual respect and orderly conduct contributes to a quality educational environment. Conversely, uncivil conduct, similar to other forms of disruptive behavior, may interfere with an employee’s ability to accomplish their work and a school’s ability to educate its students.

The board of directors commits the district in its entirety to the core value of mutual respect for each person regardless of individual differences or characteristics. The district expects this value to be manifested in the daily behavior of all constituents. When differences exist, stakeholders will use clear, concise, and courteous communication with the goal of arriving at a goodwill solution. Uncivil conduct on district property or at district-sponsored activities by school directors, staff, parents, volunteers, contractors, or visitors is prohibited.

Expectations of Stakeholders (Board of Directors, Employees, Parents, Volunteers, Contractors, and Visitors)

In support of this policy, the board of directors expects its members and all stakeholders to:

• Treat each other and students with dignity and respect;
• Exercise reasonable, good judgment in handling interpersonal disputes;
• Exercise respect, courtesy, and concern for the dignity and cultural background of others;
• Refrain from use of abusive language;
• Model respectful problem-solving;
• Reduce actions or behaviors that might provoke fear, anger, frustration, or alienation;
• Use clear, concise, and courteous oral and written communication to arrive at goodwill solutions;
• Extend common courtesy to others such as saying please and thank you;
• Practice civility in all conversations and behavior;
• Be respectful of others even when in a disagreement;
• Address incivility when it is observed; and
• Seek to understand others’ points of view and cultural perceptions.

Definition of Uncivil Conduct

For the purposes of this policy, “uncivil conduct” includes but is not limited to, the following:

• Using vulgar, obscene or profane gestures or words;
• Using insulting or disrespectful nonverbal behaviors toward or in connection with another;
• Taunting, jeering, or inciting others to taunt or jeer an individual;
• Raising one’s voice at another individual, and/or repeatedly interrupting another individual who is speaking;
• Using personal epithets or slurs,
• Gesturing or behaving in a manner that puts another in fear for his/her personal safety, including invading the personal space of an individual after being directed to move away, physically blocking an individual’s exit from a room or location, or remaining in a classroom or school area after a teacher or administrator in authority has directed one to leave, or other similar disruptive conduct.

“Uncivil conduct” does not include the expression of controversial or differing viewpoints that may be offensive to some persons, so long as (1) the ideas are presented in a respectful manner and at a time and place that are appropriate, and (2) such expression does not materially disrupt, and may not be reasonably anticipated to disrupt, the educational process. Nor does “uncivil conduct” include regular supervisory-subordinate interactions, including but not limited to, corrective action, discipline, unsatisfactory evaluations, plans for improvement, or probation.

Addressing Uncivil Conduct

Stakeholders are expected to:

• Calmly and politely caution or warn any speaker who is engaged in uncivil conduct. If the conduct does not cease, politely end the conversation;
• Attempt to resolve differences with another employee first in a private conversation. If that is not feasible or successful, request an appropriate administrator to conduct a private conference with all parties of concern;
• Resolve personal complaints or grievances with a supervisor’s decision or action by requesting a problem-solving conference with the supervisor or with the administrator’s supervisor.
• Persons who observe or experience uncivil behavior have an obligation to intervene, share their reflection with the offender about the impact of that behavior, or report the uncivil behavior to a supervisor.
• Supervisors have an obligation to address reports of uncivil behavior.

Employees who engage in uncivil behavior may be subject to corrective action or discipline. Retaliation for reporting allegations will result in discipline.

Adoption Date: 06.24

Revised Dates:  

Policy: 5201
Section: 5000 – Personnel

Drug-Free Schools, Community and Workplace

The board has an obligation to staff, students and citizens to take reasonable steps to assure safety in the workplace and to provide safety and high quality performance for the students that the staff serves.

“Workplace” is defined to mean the site for the performance of work done, which includes work done in connection with a federal grant. That includes any school building or any school premises; any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities; off school property during any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district which could also include work on a federal grant.

For these purposes, the board declares that the following behaviors will not be tolerated:

1. Reporting to work under the influence of alcohol, illegal and/or controlled substances including marijuana (cannabis) and anabolic steroids.
    
2. Using, possessing, transmitting alcohol, illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids or opiates, in any amount or in any manner on district property at any time or when involved in a school district activity on or off school district property. Any staff member convicted of a felony attributable to the use, possession, or sale of illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids, will be subject to disciplinary action, including immediate termination.
    
3. Using district property or the staff member's position within the district to make or traffic alcohol, illegal and/or controlled substances and opiates, including marijuana (cannabis) and anabolic steroids.
    
4. Using, possessing or transmitting illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids and opiates, in a manner which is detrimental to the interest of the district.
    

Any staff member who is taking a drug or medication, whether or not prescribed by the staff member's physician, which may adversely affect that staff member's ability to perform work in a safe or productive manner, is required to report such use of medication to his or her supervisor. This includes drugs which are known or advertised as possibly affecting judgment, coordination, or any of the senses, including those which may cause drowsiness or dizziness. The supervisor, in conjunction with the district office, then will determine whether the staff member can remain at work and whether any work restrictions will be necessary.

As a condition of employment, each employee will notify his or her supervisor of a conviction under any criminal drug statute violation occurring in the workplace as defined above. Such notification will be provided no later than 5 days after such conviction. The district will inform the federal granting agency within ten days of such conviction, regardless of the source of the information.

Each employee will be notified of the district's policy and procedures regarding employee drug activity at work. Any staff member who violates any aspect of this policy may be subject to disciplinary action, which may include immediate discharge. As a condition of eligibility for reinstatement, an employee may be required to satisfactorily complete a drug rehabilitation or treatment program approved by the board, at the employee's expense. Nothing in this policy will be construed to guarantee reinstatement of any employee who violates this policy, nor does the school district incur any financial obligation for treatment or rehabilitation ordered as a condition of eligibility for reinstatement.

The district may notify law enforcement agencies regarding to a staff member’s violation of this policy at the district's discretion or take other actions as it the district deems appropriate.

Adoption Date: 05.05.03

Kiona-Benton City School District
Classification: Essential
Revised Dates: 02.08.16

Policy: 5203
Section: 5000 – Personnel

Staff Assistance Program

The district will maintain, as revenues permit, a staff assistance program designed to provide support to staff members who are experiencing a job performance problem. A staff assistance program committee may be established to assist in the implementation of this policy and make program recommendations.

A wide range of problems not directly associated with a job function may affect the staff member's job performance. These problems may result from alcohol abuse or alcoholism; other drug abuse; physical, mental, or emotional illness; personal problems such as marital, family, financial, or legal difficulties; or any combination of these problems.

The staff assistance program will provide professional and confidential assistance to staff members and their families seeking assistance.

Participation in the staff assistance program will not jeopardize employment or job promotion, nor will such participation substitute for employer action(s) regarding evaluation, probation, and/or termination as provided for under state law, collective bargaining agreements or board policies. The program will be evaluated on an annual basis.

Adoption Date: 03.28.16

Kiona-Benton City School District
Classification: Discretionary
Revised Dates:

Policy: 5214
Section: 5000 – Personnel

Job-Sharing Employees

A job-sharing assignment is the shared performance of the duties of one full-time, regular position by two employees.Job share assignments will be for a maximum of two (2) years.  After that time, the full time contracted teacher is required to make a decision to resume full time or to seek a part time assignment.  

The Superintendent is responsible for recommending to the board when the best interests of the district would be served by creating a job-sharing assignment for a particular position.

The district reserves the authority to:

A. Determine the number of job-sharing positions, if any, within the district;

B. Require job-sharing employees to attend staff training or other staff development activities at one-half of full compensation;

C. Abolish any job-sharing assignment, or change a job-sharing position to a full-time position held by one employee, at the sole discretion of the district;

D. Consider anyrequest to create a job-sharing position in a position currently held by oneemployee, or vice versa; and

E. Require job-sharing employees to work full-time in the event of the termination or resignation of one of the job-sharing employees, or until such time as a replacement can be hired, at the sole discretion of the district.

Employees sharing a position shall sign a job-sharing contract to be developed by the Superintendent or designee. The contract shall identify contingencies which may arise during the course of employment including, but not limited to, absence or resignation of one of the job-sharing employees, computation of employee benefits, and responsibility for participation in staff meetings and committees. The purpose of such contract is to address potential conflicts in an equitable manner in advance of actual conflicts.

The conditions provided by this policy are not intended to discourage job sharing nor to impose disproportionate burdens upon job-sharing employees. The Superintendent shall establish job-sharing procedures which describe the duties, responsibilities, salaries and benefits for individuals sharing a position. 

Adoption Date: 09.26.11

Policy: 5214P
Section: 5000 – Personnel

Procedure Job-Sharing Employees

Conditions for Half-Time Employment

1. Payments will be 50% of a regular contract. Efforts will be made to make the split assignment asfair as possible. It is recognized that consideration of all the variablesmakes it extremely difficult to do an exact 50/50 split.

2. Both teachers will be expected to participate in parent conferences, staff and P.T.A. meetings,field trips and other school activities as determined by the buildingprincipal.

3. Both teachers will be expected to be at the school for the 30 minutes before and after their teachingduties.

4. Both teachers areto arrange their schedules so that they have the time necessary to coordinatetheir teaching and grading activities.

5. Half-timeassignments will be reconsidered on an annual basis. Subsequent assignments maybe either half time or full time.

Adoption Date: 09.26.11

Policy: 5240
Section: 5000 – Personnel

Evaluation of Staff

The board recognizes that the professional growth and evaluation of individual employees is important to improve the effectiveness and efficiency of the school district.  Staff is expected to perform the duties identified in their job descriptions, in addition to any other responsibilities that may be assigned by their supervisor.

Pursuant to state law implementing the Professional Growth and Evaluation System, the board will adopt a schedule for implementation of the revised evaluation system that transitions a portion of classroom teachers, principals and assistant principals in the district to the revised evaluation system each year beginning no later than the 2013-14 school year, until all classroom teachers and principals are being evaluated under the revised evaluation systems no later than the 2015-16 school year. 

The board will also adopt a revised evaluative criteria and a four-level rating system for all certificated classroom teachers, certificated principals and assistant principals. The evaluation system will include the minimum criteria developed by the Superintendent of Public Instruction. The four-level rating system will describe the performance of certificated classroom teachers, certificated principals and assistant principals along a continuum that indicates the extent to which evaluative criteria have been met or exceeded. Student growth data, defined as the change in student achievement between two points in time, must be a substantial factor in the evaluation process for three of the criteria and must be based on multiple measures, including classroom, school, district and state-based tools.

Beginning with the 2015-16 school year, evaluation results for certificated classroom teachers, certificated principals and assistant principals must be used as one of multiple factors in making human resource and personnel decisions.  Human resource decisions include but are not limited to: employee assignment, including the consideration of an agreement to an assignment by an appropriate teacher, principal and superintendent and reduction in force.  The district will not be limited in its ability to collectively bargain how the multiple factors will be used in making human resource and personnel decisions, but the evaluation results must be a factor.

Certificated Classroom Teachers

“Certificated classroom teacher” means an employee who provides academically-focused instruction to students and holds one or more of the certificates pursuant to WAC 181-79A-140(1) through (3) and (6)(a) through (e) and (g).

The performance of certificated classroom teachers will be observed twice a year, for a total observation time of not less than sixty (60) minutes. New staff will be observed for the purpose of evaluation at least once for a total observation time of not less than thirty (30) minutes within ninety (90) calendar days after employment. An employee in the third year of provisional status will be observed at least three times for a total observation time of not less than ninety (90) minutes.

All certificated classroom teachers will receive a comprehensive summative evaluation at least once every four years.  A comprehensive summative evaluation assesses all eight evaluation criteria and all criteria contribute to the comprehensive summative evaluation performance rating. A certificated classroom teacher with four years of satisfactory evaluations in the district may be transitioned into the revised evaluation system using a focused evaluation, and will then be evaluated on the four year cycle for comprehensive evaluation. 

In the years when a comprehensive summative evaluation is not required, certificated classroom teachers who received a comprehensive summative evaluation performance rating of Level 3 or 4 in the previous school year will receive a focused evaluation.  A focused evaluation includes an assessment of one of the eight criteria selected for a performance rating plus professional growth activities specifically linked to the selected criteria.

A certificated classroom teacher whose performance does not meet minimum requirements of the new or existing RCW, whichever is applicable to that staff member, will be notified in writing of the specific deficiencies and afforded a reasonable program for improvement.

Certificated Principals and Assistant Principals

“Certificated principal,” “principal,” and “assistant principal,” mean an employee who supervises the operation and management of a school as provided by RCW 28A.400.100 and holds certificates pursuant to WAC 181-79A-140(4)(a) or (6)(h). Due to the importance of instructional leadership and assuring rater agreement among evaluators, particularly those evaluating teacher performance, school districts are encouraged to conduct comprehensive summative evaluation of principal performance on an annual basis.

A comprehensive summative evaluation assesses all eight evaluation criteria and all criteria contribute to the comprehensive summative evaluation performance rating. The following will receive an annual comprehensive summative evaluation: 1) principals in the first three consecutive school years of employment as a principal, 2) principals previously employed as a principal by another school district in the state of Washington for three or more consecutive school years and in the first full year as a principal in the school district and 3) any principal who received a comprehensive summative evaluation performance rating of Level 1 or Level 2 in the previous school year. 

In the years when a comprehensive summative evaluation is not required, staff who received a comprehensive summative evaluation performance rating of Level 3 or 4 in the previous school year are required to receive a focused evaluation.  A focused evaluation includes an assessment of one of the eight criteria selected for a performance rating plus professional growth activities specifically linked to the selected criteria.

A principal whose performance does not meet minimum requirements will be notified in writing of the specific deficiencies and afforded a reasonable program for improvement.

Certificated Support Personnel

 “Certificated support personnel” and “certificated support person” mean a certificated employee who provides services to students and holds one or more of the education staff associate (ESA) certificates pursuant to WAC 181-79A-140(5).  ESA certification includes: school speech pathologists or audiologists, school counselors, school nurses, school occupational therapists, school physical therapists, school psychologists, and school social workers.

Certificated support personnel are considered non-classroom teachers for purposes of the Professional Growth and Evaluation System, and are not subject to the four-level rating system. The superintendent will establish a revised evaluation process using the minimum criteria for certificated support personnel developed by the Superintendent of Public Instruction: 1) Knowledge and scholarship in a specialized field; 2) Specialized skills; 3) Management of special and technical environment; 4) The support person as a professional; and 5) Involvement in assisting students, parents and educational personnel.

Other Administrative Staff

The performance of administrative staff other than certificated principals and assistant principals as referenced in the section above will be evaluated at least once per year.

Classified Staff

The performance of classified staff will be evaluated at least once per year.  Except as otherwise developed in accordance with the duty to bargain in chapter 41.56 RCW, the evaluative criteria for classified staff will be based upon the job description of the specific assignment.

Adoption Date: 05.05.03

Kiona-Benton City School District
Classification: Essential
Revised Dates: 02.08.16

Policy: 5250
Section: 5000 – Personnel

General Rules of Staff Responsibility and Conduct

The following rules are adopted by the Board of Directors to ensure that the work environment in Kiona-Benton City Schools is civil, pleasant and productive. Employees who violate any rule may be subject to progressive discipline that may include verbal warning, reprimand, suspension or discharge as appropriate to the infraction.

An employee shall not:

1. Act in a discourteous or disrespectful manner toward parents, school patrons, students or other school employees.
2. Use language that is offensive or profane.
3. Use threats or personal/political influence in an effort to secure promotion, leave, transfer, and change of evaluation, pay or other occupational advantage.
4. Intimidate, threaten, coerce or abuse, either physically or mentally, another employee, patron or student.
5. Use, be under the influence of, or in possession of alcoholic beverages or unlawful illicit drugs or controlled substances when reporting to work, during the workday, or during assigned supervisory time.
6. Be tardy or absent from an assigned school or place of work during specified work hours unless excused by the supervisor.
7. Smoke or use any other tobacco products, on any school district property. This shall include all District buildings, grounds and or district owned vehicles.
8. Violate any rule, regulation or statute or other legal enactment applicable to the employee.
9. Violate safety rules or safety practices or fail to use safety equipment.
10. Fail to perform any responsibility lawfully imposed upon the employee.
11. Induce or attempt to induce a District employee or student to commit an unlawful act or to act in violation of any rule, regulation or policy applicable to the employee or student.
12. Falsify District records or any report required of the employee or submitted by the employee.

This listing does not represent the only rule of the Kiona-Benton City School District. Individual schools or departments may have additional rules of their own which employees are expected to follow.

Violations of the above-listed rules may be sufficiently serious to constitute cause for termination of employment under procedures authorized by law.

Adoption Date: 11.22.04
Revised Dates:

Policy: 5251
Section: 5000 – Personnel

Conflicts of Interest

General Rule

No district employee will engage in or have a direct financial interest in any activity which conflicts with his/her duties and responsibilities. Further, no district employee may employ or use any person, money, or school property under the employee's official supervision, control or direction for the private gain of that employee or another.

Situations where a conflict of interest may exist include but are not limited to:

1. Receiving economic benefit from selling or promoting the sale of goods or services to the students or their parents where the knowledge of the staff member’s relationship to the district is in any way utilized to influence the sale;
    
2. Receiving economic benefit from the sale of instructional and training materials and/or equipment where the district has specifically engaged a staff member(s) to develop such materials or equipment (in such instances, the district will retain a proprietary interest);
    
3. Encouraging a student who is enrolled in one or more of the teacher’s classes to take private lessons or to engage in tutoring for a fee from the staff member;
    
4. Using or providing for others a list of names and home addresses obtained from school records or school-related contacts for purposes of identifying potential client or customer contacts;
    
5. Participating in any way in the selection process for materials, books or equipment when an item developed by or authored by the staff member or a member of his/her family is under consideration for approval for district use;
    
6. Being involved in the selection of an applicant or in the appointment, evaluation or supervision of any other staff member who is a family member;
    
7. Using the interschool mail or email to promote sales of a product in which a staff member has a financial interest;
    
8. Providing a staff or student directory for use in promoting sales of a product or service; and
    
9. Purchasing or otherwise acquiring surplus district property, where the staff member was involved in or had influence in the process of declaring the item(s) as surplus.

Written permission from the superintendent/designee or principal is necessary when:

1. A certificated staff member wishes to tutor or give private lessons for a fee to any student who is enrolled in one or more of the teacher’s classes; or
    
2. A certificated staff member, such as communication disorder specialists, psychologists or specialized music teachers, wishes to give private instruction for a fee to any student who is concurrently being served by that individual in the regular school program. 

Exceptions

A district employee may use public resources to benefit others as part of the employee’s official duties, if the expenditure is of de minimus value (of little or no value; no impact on public funds) and is purchased with the consent of his/her supervisor. 

Adoption Date: 03.28.16

Kiona-Benton City School District
Classification: Priority
Revised Dates:

Policy: 5252
Section: 5000 – Personnel

Staff Participation in Political Activities

The board recognizes the right of its employees, as citizens, to engage in political activities. A staff member may seek an elective office provided that the staff member does not campaign on school property during working hours. School property and school time, supported by public funds, may not be used for political purposes.

District employees, when authorized by the board or superintendent, may provide information or communicate on matters pertaining to school district affairs or advocate the official position or interests of the district to any elected official or officer or employee of any agency. The district will submit quarterly statements in compliance with requirements of the Public Disclosure Commission.

In the event the staff member is elected to office, the employee may request a leave of absence in accordance with the leave policies of the district or the provisions of the applicable labor agreement for the employee. District employees who hold elective or appointive public office in an organization are not entitled to time off from their school duties for reasons incident to such offices except as such time may qualify under leave policies of the district.

The superintendent is directed to establish procedures which specify the conditions under which a staff member can participate in political activities and that are in compliance with the Public Disclosure Commission.

Adoption Date: 04.25.05

Kiona-Benton City School District
Classification: Discretionary
Revised Dates: 02.08.16

Policy: 5253
Section: 5000 – Personnel

Maintaining Professional Staff/Student Boundaries

Purpose

The purpose of this policy is to provide all staff, students, volunteers and community members with information about their role in protecting children from inappropriate conduct by adults.  This policy applies to all district staff and volunteers.  For purposes of this policy and its procedure, the terms “district staff,” “staff member(s),” and “staff” also include volunteers.

General Standards

The board expects all district staff to maintain the highest professional standards when they interact with students.  District staff are required to maintain an atmosphere conducive to learning by consistently maintaining professional boundaries.

Professional staff/student boundaries are consistent with the legal and ethical duty of care that district employees have for students.   

The interactions and relationships between district staff and students should be based upon mutual respect and trust, an understanding of the appropriate boundaries between adults and students in and outside of the educational setting, and consistency with the educational mission of the district.

District staff will not intrude on a student’s physical and emotional boundaries unless the intrusion is necessary to serve a demonstrated educational purpose.  An educational purpose is one that relates to the staff member’s duties in the district.  Additionally, staff members are expected to be aware of the appearance of impropriety in their own conduct and the conduct of other staff when interacting with students.  Staff members will notify and discuss issues with their building administrator or supervisor whenever they suspect or question whether their own or another staff member’s conduct is inappropriate or constitutes a violation of this policy.

The board recognizes that staff may have familial and pre-existing social relationships with parents or guardians and students.  Staff members should use appropriate professional judgment when they have a dual relationship to students to avoid violating this policy, the appearance of impropriety, and the appearance of favoritism. Staff members shall pro-actively discuss these circumstances with their building administrator or supervisor.

Use of Technology

The board supports the use of technology to communicate for educational purposes.  However, district staff are prohibited from inappropriately communicating with students on-line or from engaging in any conduct on social networking websites that violates the law, district policies or procedures, or other generally recognized professional standards.  Staff whose conduct violates this policy may face discipline and/or termination consistent with the district’s policies and procedures, acceptable use agreement, and collective bargaining agreements, as applicable.

The superintendent/designee will develop protocols for reporting and investigating allegations and develop procedures and training to accompany this policy. 

Adoption Date: 03.28.16

Kiona-Benton City School District
Classification: Priority
Revised Dates:

Policy: 5253P
Section: 5000 – Personnel

Procedure Maintaining Professional Staff/Student Boundaries

Boundary Invasions

In a professional staff/student relationship, staff maintain boundaries that are consistent with the legal and ethical duty of care that school personnel have for students.

A boundary invasion is an act or omission by a staff member that violates professional staff/student boundaries and has the potential to abuse the staff/student relationship.

An inappropriate boundary invasion means an act, omission, or pattern of such behavior by a staff member that does not have an educational purpose and results in abuse of the staff/student professional relationship.

Inappropriate Boundary Invasion Examples

Examples of possible inappropriate boundary invasions by staff members include, but are not limited to, the following:

1. Any type of inappropriate physical contact with a student or any other conduct that might be considered harassment under the district’s policy on Sexual Harassment of Students (Policy 3205); Prohibition of Harassment, Intimidation and Bullying (Policy 3207); Nondiscrimination (Policy 3210); Title IX of the Education Amendments of 1972 (Title IX); the Washington State Law Against Discrimination (Chapter 49.60 RCW); or that constitutes misconduct under RCW 28A.640 and .642 or WAC 181-88-060; or any conduct that would constitute a violation of Chapter 9A.44 or 9A.88 RCW.
2. Showing pornography to a student;
3. Singling out a particular student or students for personal attention and friendship beyond the professional staff/student relationship;
4. Socializing where students are consuming alcohol, drugs or tobacco;
5. Sending students on personal errands unrelated to any educational purpose;
6. Banter, allusions, jokes or innuendos of a sexual nature with students;
7. Addressing students or permitting students to address staff members with personalized terms of endearment, pet names, or otherwise in an overly familiar manner;
8. Maintaining personal contact with a student outside of school by phone, e-mail, instant messenger or Internet chat rooms, social networking websites, or letters beyond homework or other legitimate school business without including the building administrator/supervisor and parent/guardian;
9. Exchanging personal gifts, cards, or letters with an individual student;
10. Socializing or spending time with students (including but not limited to activities such as going out for beverages, meals or movies, shopping, traveling and recreational activities) outside of school-sponsored events, except as participants in organized community activities;
11. Giving a student a ride alone in a vehicle in a non-emergency situation;
12. Unnecessarily invading a student’s privacy, (e.g. walking in on the student in the bathroom);
13. Soliciting phone, email, text messages or other forms of written or electronic communication to students without building administrator/supervisor and parent permission when the communication is unrelated to school work or other legitimate school business; or
14. Any other conduct that fails to maintain professional staff/student boundaries.

Appearances of Impropriety

The following activities are boundary invasions and can create an actual impropriety or the appearance of impropriety.  Whenever possible, staff should avoid these situations.  If unavoidable these activities should be pre-approved by the appropriate administrator.  If not pre-approved, the staff member must report the occurrence to the appropriate administrator as soon as possible.

1. Being alone with an individual student out of the view of others;
2. Inviting or allowing individual students to visit the staff member’s home;
3. Visiting a student’s home; and/or                                                                                                                                              
4. Sending or soliciting email, text messages or other electronic communications to the student, even when the communication relates to school business, except where the parent or guardian and building administrator/supervisor has consented to such communications and receives a copy of the communication and receives a copy of the communication.  Staff should use school email addresses and phone numbers and the parent/guardian phone numbers for communications with students, except in emergency situations. 

Reporting Violations

Students and their parents/guardians are strongly encouraged to notify the principal (or other administrator) if they believe a staff member may be engaging in conduct that violates this policy or procedure.

Staff members are required to promptly notify the principal or the supervisor of the employee or volunteer suspected of engaging in inappropriate conduct that violates this policy or procedure.

The administrator to whom a boundary invasion concern is reported must document, in writing, the concern and provide a copy of the documentation to the Director of Special Services. The Director of Special Services will maintain a file documenting reports of this nature which are made.

Reporting Sexual Abuse

All professional school personnel who have reasonable cause to believe that a student has experienced sexual abuse by a staff member, volunteer, or agency personnel working in the school are required to make a report to Child Protective Services or law enforcement pursuant to board policy and procedure 3421, Child Abuse, Neglect and Exploitation Prevention, and Chapter 26.44, RCW.  Reporting suspected abuse to the building principal or supervisor does not relieve professional school personnel from their reporting responsibilities and timelines.

Disciplinary Action

Staff violations of this policy may result in disciplinary action up to and including dismissal.  The violation may also be reported to the state Office of Professional Practices.

Training

All new employees and volunteers will receive training on appropriate staff/student boundaries within three months (or insert number of days/months) of employment or service.  Continuing staff will receive training every three years.

Dissemination of Policy and Reporting Protocols

This policy and procedure will be included on the district website and in all employee, student, and volunteer handbooks.  Annually, all administrators and staff will receive copies of the district’s reporting protocol.

Adoption Date: 03.28.16

Kiona-Benton City School District
Classification: Priority
Revised Dates:

Policy: 5260
Section: 5000 – Personnel

Personnel Records

The district will organize, compile and maintain personnel records and files for each staff member of the district which will be kept secure under the authority of the superintendent. The contents of the files will be available to the superintendent and to those staff authorized by the superintendent to organize, compile and maintain the personnel files. Staff members who have access to the files will be required to maintain the confidentiality of the files and their contents. Any confidential college or university credentials or other confidential pre-employment materials received by the district will be returned to the sender or destroyed at the time of employment by the board.

A certificated or classified staff member will be permitted, during normal district business hours, to review the contents of his/her personnel file in the presence of an authorized staff member.

A staff member annually may petition that the superintendent review all information in the staff member’s personnel file(s) that is regularly maintained by the district as a part of his business records or is subject to reference for information given to persons outside of the district. The superintendent will determine if there is any irrelevant or erroneous information in the file(s), and will remove all such information from the file(s). If a staff member does not agree with the superintendent’s determination, the staff member may at his or her request have placed in the personnel file a statement containing a rebuttal or correction.

Adoption Date: 03.28.16

Kiona-Benton City School District
Classification: Priority
Revised Dates:

Policy: 5400
Section: 5000 – Personnel

Personnel Leaves

Upon the recommendation of the superintendent and in accordance with the law and district policy, staff may be granted leaves pursuant to the following conditions, unless the applicable collective bargaining agreement provides otherwise:

1. Leave at Full Pay Unless Stated Otherwise. Leaves shall be with pay unless otherwise stated. If leaves are to include expenses to be paid by the district, that also shall be specifically stated.
2. Leaves in Units of Full or Half Days. Leaves may be granted in units of half or full days only.
3. Return from Leaves. At the end of any leave shorter than 20 days in duration, sabbatical leave, or sick leave which does not exhaust the staff member’s accumulated sick leave, the affected staff member is entitled to return to the position held when the leave commenced or to an appropriate comparable position.

   Except as may otherwise be specifically provided by law or district policy, a staff member shall be entitled to a position in the district subject to the availability of a position for which the staff member is qualified after leaves of longer duration.

4. Prior Notice of Application. Reasonable advance notice is required for all leaves, with specific advance notice as stated in district policy.
5. Flexibility in Granting Leaves. The superintendent, with approval of the board, may grant leaves to individuals who might not otherwise be covered, or extend leave in excess of the number of days provided by district policy, in unusual or exceptional circumstances.
6. Leaves Prorated for Part-Time Staff. Part-time staff shall be entitled to leave benefits, unless otherwise stated in district policy, provided that the length of leaves shall be prorated according to the ratio of days and/or hours worked to the number of days and/or hours worked by a full-time staff member in the same or a similar position.
7. Noncumulative. Leaves shall be noncumulative from year to year unless otherwise stated.

Adopted: 04.25.05
Revised:

Policy: 5401
Section: 5000 – Personnel

Sick Leave

The district will grant each full-time, certificated and classified staff member of the district sick leave days annually in accordance with collective bargaining agreements. Unused sick leave may be accumulated on a year-to-year basis up to a maximum of the number of contract days in a contract period, not to exceed one year.

The district may require a signed statement from a healthcare provider for any absence in excess of five consecutive days. If sick leave benefits are exhausted, the board may grant leave without pay for the balance of the year upon the recommendation of the superintendent.

Attendance Incentive

In January of the year following any year in which a minimum of 60 days of sick leave is accrued, and each January thereafter, any eligible staff member may exercise an option either:

1. To receive remuneration for unused sick accumulated in the previous year in an amount equal to one day's monetary compensation of the staff member for each four full days of accrued sick leave in excess of 60 days; or
2. To add that year's sick leave to the staff member's accumulated sick leave.

All such leave for which the staff member receives compensation will be deducted from accumulated sick leave at the rate of four days for every one day's monetary compensation.

A staff member may cash-out all accrued sick leave at the above rate at the time of separation due to retirement, provided that the retiree provides documentation from the appropriate state retirement system. Such leave will be accrued at the rate of no more than one day per month.

The administrator of the estate of a deceased staff member may also cash-out all accumulated sick leave at the rate of one day's monetary compensation for every four days of leave. A certified copy of the death certificate must be submitted to the district office and proper documentation of court appointment as administrator of the estate.

An employee who is at least age fifty five, has ten years of service in the retirement system, and is a member of either the teachers’ or school employees’ retirement system plan 3, or is at least age fifty-five, has at least fifteen years of service in the retirement system and is a member of either the teachers’ or school employees’ retirement system plan 2 may cash-out all accumulated sick leave at the rate of one day’s monetary compensation for every four days of leave at the time of separation from employment.

Earned sick leave will not be accumulated in excess of 180 days as of December 31 of each year, except that an employee may exercise the annual January cash-out option for all days accumulated in excess of this maximum.

Adoption Date: 04.25.05

Kiona-Benton City School District
Classification: Essential
Revised Dates: 02.08.16

Policy: 5404
Section: 5000 – Personnel

Family, Maternity, and Military Caregiver Leave

Every employee of the district who has worked for the district at least one year and for at least 1,250 hours in the preceding year is entitled to twelve (12) workweeks of family leave during any twelve (12) month period to:

1. Care for a newborn child, an adopted child of the employee who is under the age of eighteen at the time of placement for adoption, or a newly placed foster child;
2. Care for a spouse, parent or child of the employee who has a serious health condition, or the employee may obtain leave for a personal health condition if it renders the employee unable to perform his or her job; or
3. Respond to a qualifying exigency occurring because the employee’s spouse, son or daughter, or parent is on active duty or has been notified of pending active duty in support of a contingency operation.

Leave taken for newborn or adopted childcare will be completed within one year after the date of birth or placement for adoption. Family leave authorized under this policy must be taken full-time and consecutively unless an alternative schedule is approved by the superintendent or where intermittent or reduced leave is medically necessary. Instructional staff may not take reduced or intermittent leave when it would constitute 20 percent of the number of working days in the period during which the leave would extend without the approval of the superintendent. An instructional employee may be transferred to an alternative equivalent position that would accommodate reduced or intermittent leave, if such a position is available.

A period of family leave is in addition to any sick leave taken due to the employee’s temporary disability attributable to pregnancy or childbirth.

The district will grant leave upon the same terms to male employees as is available to female employees upon the birth or adoption of the employee’s child. Leave will be granted upon the same terms to employees who become adoptive parents or stepparents, at the time of birth or initial placement for adoption of a child under the age of six, as is available to employees who become biological parents. Such leave is available only when the child lives in the employee’s household at the time of birth or initial placement.

Employee requests for leave of absence due to birth or initial placement for adoption of a child will be submitted in writing to the superintendent not less than 30 days prior to the beginning date of the leave. The notice will include the approximate beginning and ending dates for the leave requested.

If both parents of a newborn or newly adopted child are employed by the school district, they will be entitled to a total of twelve workweeks of family leave during any twelve month period, and leave will be granted to only one parent at a time. There is no pooling effect for spouses if the family leave is related to a serious health condition.

The superintendent may require written verification from the employee’s health care provider.

The district may obtain the opinion of a second health care provider, at district expense, concerning any information pertinent to the employee’s leave request. If the opinions of the health care providers differ on any matter determinative of the employee’s eligibility for family leave, the two health care providers will select a third provider, whose opinion, obtained at the employer’s expense, will be conclusive.

Maternity Leave

A staff member may use accumulated, paid sick leave for the period of actual disability attributable to pregnancy or childbirth. This period will extend from the date of birth for a period of not more than 60 days, unless an actual period of disability which begins prior to the date of birth or continues beyond 60 days is otherwise verified in writing by the employee’s physician.

If the employee’s accumulated sick leave is exhausted during the period of maternity, the district will grant a leave of absence without pay or fringe benefits, upon the staff member’s request, for the remainder of the period of actual disability due to pregnancy or childbirth.

During any unpaid portion of such leave of absence, the staff member may pay the premiums for any district insurance plans to keep coverage in effect for the employee and her family.

1. Notice Required
   A pregnant staff member is requested to notify her immediate supervisor and the superintendent by the beginning of the fifth month of pregnancy.
   At the time of such notice the staff member will submit a written request to her immediate supervisor and the superintendent for one or more of the following:
   1. Maternity leave for the period of her actual disability due to pregnancy or childbirth;
   2. Family leave for a period of up to 12 weeks, in addition to any period of maternity disability leave, the district will extend the employee’s health benefit during this period of unpaid leave;
   3. Leave of absence for a period of up to the beginning of the next school term or school year. Such extended leave of absence may be approved at the discretion of the superintendent based upon consideration of educational program needs and the desires of the staff member, together with the recommendation of her personal physician or licensed practitioner; or
   4. Termination of employment by resignation.

The notice to the district will include the approximate beginning and ending dates for the leave.

2. Employment Conditions
   A pregnant staff member may continue working as long as she is capable of performing her normal duties, with the written approval of her physician or licensed practitioner.
   The staff member may return to work when physically able to perform her duties. If the employee intends to return to work within 60 days of childbirth, her personal physician or licensed practitioner must certify that the staff member is in good health and ready to resume her duties.
   No later than 30 days after the date of birth, the staff member is requested to notify the superintendent of the specific date when she will return to work. Unless the superintendent approves an earlier date of return, the employee will give at least 14 days advance notice of the actual date of return.
   The staff member will return to her duties following an extended leave of absence on the date approved by the superintendent. If the employee is still experiencing a disability due to pregnancy, miscarriage, abortion, childbirth or recovery which prevents the employee from performing her duties on the scheduled date of return, an additional period of unpaid leave of absence may be approved at the discretion of the superintendent based upon consideration of educational program needs and the recommendation of the employee’s personal physician or licensed practitioner.
    
3. Assignment upon Return
   An employee who has taken a leave of absence only for the actual period of disability relating to pregnancy or childbirth or up to twelve weeks of family leave will return to the same assignment, or a similar position for which she is qualified with at least the same pay and benefits, as she held prior to the maternity leave or family leave.
   Upon return from an extended maternity leave, a staff member will be entitled to a position in the district subject to the availability of a position for which she is qualified. An effort will be made to place the staff member in her original position or in a comparable position.

Right To Apply For Other Leave

Nothing in this policy shall preclude a staff member’s right to apply for any other applicable leave as provided by board policy.

Military Caregiver Leave

An employee who is the spouse, son or daughter, parent or next of kin of a service member who is recovering from a serious illness or injury sustained while on active duty is entitled to twenty six (26) weeks of unpaid leave in a 12 month period to care for the service member.

Return to Work

Any employee returning from an authorized family leave will be entitled to the same position held by the employee when the leave commenced, or to a position with equivalent benefits and pay.

Reinstatement of an employee returning from family leave need not occur if: a) the specific job is eliminated by a bona fide restructuring, or a reduction-in-force resulting from lack of funds or lack of work, b) an employee on family leave takes a position with another employer outside the home, or c) the employee fails to provide the required notice of intent to take family leave or fails to return on the established ending date of leave. If an employee fails to return from family leave, the district may recover the costs of the employee’s health benefits paid during the leave. Instructional staff may be required to delay their return from family leave to the beginning of the next semester under the following circumstances:

1. The employee began leave five or more weeks before the end of the semester, the leave is for more than three weeks, and the employee would otherwise return to work within three weeks of the end of the semester.
2. The employee began family leave (except for a personal health condition) less than five weeks before the end of the semester, the leave is for more than two weeks, and the employee would otherwise return to work within two weeks of the end of the semester.
3. The employee began family leave (except for a personal health condition) three or fewer weeks before the end of the semester and the period of leave is more than five working days.

Adoption Date: 09.15.03

Kiona-Benton City School District
Classification: Essential
Revised Dates: 02.08.16

Policy: 5405
Section: 5000 Personnel

Emergency Leave

Emergency leave may be granted for no more than 12 days per year and may be taken in the case of emergencies as defined in the following:

An emergency arises out of unforeseen and unexpected circumstances which create an air of crisis or extreme need. The circumstances must present a grave and clear danger that imminently threatens physical or mental health or would result in irremediable harm or in immediate disaster to life or property unless some action were taken.

Any leave used under terms of this policy shall be deducted from the staff member’s accumulated sick leave. In the event the staff member’s sick leave has been exhausted, the leave shall be granted without pay.

A written application for emergency leave must be returned to the district office on the day of return to school.

Adopted: 04.25.05
Revised:

Policy: 5406
Section: 5000 – Personnel

Leave Sharing

The district will establish and administer a leave sharing plan in which eligible employees may donate excess leave for use by an eligible recipient who is suffering from, or has a relative or household member suffering from, an extraordinary or severe illness, injury, impairment or physical or mental condition, or who has been called to service in the uniform services.

Such a program is intended to extend leave benefits to an eligible recipient who otherwise would have to take leave without pay or terminate his or her employment with the district.

The superintendent will establish procedures to donate leave for staff members who: (1) earn personal holiday leave and (2) accrue annual leave and sick leave for use by other staff in case of illness, injuries or emergencies. The superintendent is directed to administer the leave sharing plan in a manner consistent with state law and applicable collective bargaining agreements.

Adoption Date: 01.24.05

Kiona-Benton City School District
Classification: Essential
Revised Dates: 02.08.16

Policy: 5406P
Section: 5000 – Personnel

Procedure Leave Sharing

1. A district employee is eligible to receive donated leave if:
   1. The staff member suffers from, or has a relative or household member suffering from, an extraordinary or severe illness, injury, impairment or physical or mental condition or who has been called to service in the uniformed services which has caused, or is likely to cause, the staff member to:
      1. Go on leave-without-pay status; or
          
      2. Terminate his/her employment;
          
   2. The staff member’s absence and the use of shared leave are justified by documentation;
       
   3. The staff member has depleted, or will shortly deplete, his/her annual leave and sick leave reserves;
       
   4. The staff member has abided by district rules regarding sick leave use; and
       
   5. The staff member has diligently pursued and been found to be ineligible to receive industrial insurance benefits.

The superintendent shall determine the amount of leave, if any, which a staff member may receive under this policy. However, a staff member shall not receive more leave than the number of contracted days remaining in the current school year. In the event that the condition requiring the employee’s absence continues beyond the current school year, the employee shall not receive a total of more than 522 days of donated leave during total district employment.

2. District employees may donate leave as follows:
   1. A staff member who has an accrued annual leave balance of more than ten (10) days may request that the superintendent transfer a specified number of days to another person authorized to receive shared leave, or to the district’s annual leave pool. A staff member may not request leave to be transferred that would result in an accrued annual leave balance of fewer than ten (10) days;
       
   2. A staff member who accrues annual leave and sick leave may request that the superintendent transfer sick leave to a person authorized to receive shared leave, or to the district’s shared leave pool. A donating staff member must retain a minimum of 176 hours of sick leave after the transfer;
       
   3. A staff member who does not accrue annual leave but who has an accrued sick leave balance of more than twenty-two (22) days may request that the superintendent transfer a specified amount of sick leave to another person authorized to receive such leave, or to the district’s shared leave pool. A staff member may not request a transfer that would result in an accrued sick leave balance of fewer than twenty-two (22) days. Sick leave as defined in RCW 28A.400.300 means leaves for illness, injury and emergencies;
   4. A staff member who receives personal holiday leave may request that the superintendent transfer a specified amount of personal holiday leave to another person authorized to receive shared leave, or to the district’s shared leave pool. A staff member may request to transfer no more than eight (8) hours of personal holiday leave during any calendar year;
       
   5. The number of leave days transferred will not exceed the amount authorized by the donating staff member; and
       
   6. Any leave donated by a staff member which remains unused will be returned to the donor. To the extent administratively feasible, leave transferred by more than one staff member will be returned on pro-rata basis.
       
3. Leave will be calculated on a day-donated and day-received basis.

Adoption Date: 03.28.16

Kiona-Benton City School District
Classification: Essential
Revised Dates:

Policy: 5407
Section: 5000 – Personnel

Military Leave

The district will grant military leave as provided by law to each staff member who is a member of a United States Military Reserve Unit or a member of the Washington National Guard for a period not to exceed twenty-one days during each year beginning October 1st and ending the following September 30th, provided such reservist has been called to, or volunteered for, active duty or active duty training. Such military leave of absence will be in addition to any vacation or sick leave to which the staff member may be entitled and will not result in any loss of rating, privileges or pay. During this 21 day period of military leave, the staff member will receive his/her normal pay from the district.

Employees whose school district employment is interrupted by up to five years of service in a uniformed service are entitled to re-employment by the district following their discharge. The superintendent will adopt procedures to implement these re-employment rights consistent with state and federal law.

Military Leave - Spouse

The district will allow an employee who is the spouse of a military member of the U.S. Armed Forces, National Guard, or Reserves to take up to fifteen (15) days of unpaid leave during a period of military conflict when:

1. The military spouse is on leave from a deployment; or
2. Prior to deployment once the military spouse receives official notification of an impending call or order to active duty.

The employee must work an average of twenty hours or more each week for the district.

The employee is entitled to fifteen days of unpaid leave for each deployment. The employee must provide the district notice of intent to take leave within five business days of the call to active duty or notice of leave from deployment.

Adoption Date: 04.25.05

Kiona-Benton City School District
Classification: Priority
Revised Dates: 02.08.16

Policy: 5515
Section: 5000 – Personnel

Workforce Secondary Traumatic Stress

Purpose

The Kiona-Benton City School Board is committed to preventing and addressing secondary traumatic stress for District personnel by supporting mental health in the workplace. Everyday school staff work with students experiencing trauma and loss. As a result, teachers, school counselors, administrators, and other school staff many experience secondary traumatic stress. When secondary traumatic stress is left unaddressed, it may lead to staff turnover, burnout, adult chronic absenteeism, and health issues that negatively impact everyone in the school community.

Secondary Traumatic Stress

The Board acknowledges that secondary traumatic stress, also called compassion fatigue, is a natural but disruptive set of symptoms that may result when one person learns firsthand of the traumatic experiences of another. Symptoms of secondary traumatic stress may include feelings of isolation, anxiety, dissociation, physical ailments, and sleep disturbances. In addition, those affected by secondary traumatic stress may experience: Changes in memory and perception; alterations in their sense of self-efficacy; a depletion of personal resources; and disruption in their perceptions of safety, trust, and independence.

Policy Statement

The District will promote a positive workplace climate that supports each staff member.

The Board hereby establishes a district-wide workforce mental health committee with the following functions:

• Share secondary traumatic stress, stress management, and other mental health resources and supports available through the Office of the Superintendent of Public Instruction, the Educational Service District, and the School Employees’ Benefits Board;
• Share links to a secondary traumatic stress self-assessment tool and any associated resources;
• Report to the Board at least once per year with a summary of committee activities.

The District will regularly assess district-level and school building–level implementation of this policy and procedure. The assessment will include input from the District’s workforce. The District will provide appropriate resources and training to schools and staff for continuous improvement.

Adoption Date: 09.22
Classification: Essential
Revised Dates:

Policy: 5630
Section: 5000 – Personnel

Volunteers

The district recognizes the valuable contribution made to the total school program through the volunteer assistance of parents and other citizens. In working with volunteers, district staff will clearly explain the volunteer's responsibility for supervising students in school, on the playground and on field trips. On field trips both students and volunteers are to be informed of the rules of student behavior and the means by which they are to be held accountable to those rules.

The superintendent will be responsible for developing and implementing procedures for the utilization of volunteers. The selection and use of volunteers will be consistent with those policies and procedures as specified for unsupervised volunteers as specified in Policy 5005, Employment: Disclosures, Certification Requirements, Assurances and Approval.

Adoption Date: 03.28.16

Kiona-Benton City School District
Classification: Discretionary
Revised Dates:

Policy: 5641
Section: 5000 – Personnel

Student Teachers

The board encourages cooperation with colleges and universities within the state in the training of student teachers. The district will accept student teachers from accredited institutions of higher learning with which the district has a cooperative agreement approved by the board.

The board authorizes the superintendent to honor those reasonable rules, regulations and training guidelines of the teacher training institution. The teacher training institution will be expected to provide liaison personnel who will work cooperatively throughout the training process with the principal and the supervising teacher.

The superintendent will coordinate the request for placement with building principals in order that excessive concentrations of student teachers in any given building will be avoided. Student teachers will comply with the policies of the district as it applies to certificated staff. The supervising teacher and the principal will be responsible for the conduct of the student teacher.

Adoption Date: 03.28.16

Kiona-Benton City School District
Classification: Discretionary
Revised Dates:

Policy: 5642
Section: 5000 – Personnel

Administrative Internships

The board recognizes the need to provide training opportunities for prospective administrators. Internships for those who are in the process of acquiring administrative credentials will be approved on an individual basis. Specific factors to be used in considering an individual for an internship position will include but not be limited to academic record, teaching ability, leadership qualities, communication skills and dedication to past and present assignments.

If recommended by the screening committee, the superintendent will be responsible for scheduling any necessary release time, arranging for constructive supervision of the internship experience and identifying a variety of experiences which will meet the needs of the intern.

Adoption Date: 03.28.16

Kiona-Benton City School District
Classification: Discretionary
Revised Dates: