Policy G Personnel - June 2011
The Enemy Swim Day School Board’s goals are:
1. To employ the best available personnel to staff the school system;
2. To provide attractive compensation and benefits for staff welfare;
3. To develop and implement personnel evaluation processes which will contribute to the improvement of staff capabilities and the learning program;
4. To provide a staff development-training program for all employees to improve the educational program and offer opportunities for growth in the Dakota culture;
5. To assign personnel so as to ensure they are utilized as effectively as possible;
6. To develop a climate to promote high staff performance, morale and satisfaction.
There shall be no discrimination based on race, sex, age, color, religion, handicap or national origin, in hiring, placement, assignment, formal and informal training, promotion, layoff, recall and termination. The legal policy of Indian preference shall be followed.
Fringe benefits will include: Unemployment Insurance
Workman’s Compensation
Social Security
Medicare
Other benefits contingent upon funding: Health Insurance
Vision Plan
Life Insurance
Retirement Plan
Dental Plan
Other employee plans will be offered at the employees’ expense: AFLAC
UNUM Life Insurance
The Superintendent shall be responsible for ensuring that employees are involved in decision-making.
The Superintendent shall be responsible for coordinating
the implementation of a Pre-service and Inservices for all employees.
Employees shall, as a condition of employment at the School, be required
to participate in the Professional Development each year.
The Superintendent may provide for the implementation of an employee
In-service Training Needs Assessment during each school term to determine
employee training needs deemed as most beneficial for the school term.
Whenever appropriate and available, the Superintendent may work with
representatives of the
The School Board will assist staff with reimbursement toward advanced degrees if it is applicable to the employee’s position and/or will increase the employee’s knowledge for school improvement. The employee must agree to remain at the ESDS for at least two contract years (if contract is offered) beyond the reimbursement year. Failure to abide will forfeit professional development funding and the whole amount must be paid in full to the School. Reimbursement will occur when appropriate documentation is provided. The total yearly reimbursement will not exceed $800.00. The yearly professional development calculations will operate on the school year calendar beginning July 1 and end on June 30.
Leadership opportunities will be made available to encourage site based management in all areas where possible.
The School Board shall provide employees with a specific process and procedure for resolving work-related complaints that are designed to:
1. Resolve employee complaints at the most immediate administrative level;
2. Limit overall disruptions to the delivery of services to students;
3. Ensure confidentiality and consistency regarding employees and application of policies and procedures;
4. Ensure due process for employees.
The Superintendent shall be responsible for monitoring the administration of policies and procedures regarding employee complaints and grievances, and for ensuring equitable treatment of employees at the School.
A Complaint is the first level of expressing discontent. It is the policy of school to encourage employees to bring their concerns about employment-related situations, such as work-related decisions, workplace rules, working conditions, or any other employment-related matter, to the attention of management. All employees are encouraged to attempt to resolve their concerns at the lowest level whenever possible. If an employees feels their concern has not been addressed, that employee may file a complaint through a formal complaint procedure. All complaints will be addressed fairly and promptly.
A “Complaint” form and
procedures for the form have been developed and are on file at the Personnel
Office. All complaints shall be
filed with the Personnel Office on the approved form and according to the
approved written procedures. It is
the employee’s responsibility to ensure that the form is filled out completely
and that copies of all documents to be considered are in the packet submitted.
No matter shall be considered as a complaint unless the applicable forms
are filled out completely.
Specific steps to be followed in the processing of any employee complaints:
STEP (1): The employee is to complete a complaint form and meet with their immediate supervisor to discuss the complaint in an effort to resolve the difficulty. The supervisor will respond within three (3) working days.
STEP (2): If the employee is not satisfied with the decision of their supervisor, the employee shall submit their written complaint within two working days to the Superintendent, with a copy to their immediate supervisor, the Superintendent will respond within three (3) working days. The Superintendent’s decision is final. In the event that the Superintendent is the immediate supervisor of an employee who issues a complaint the written complaint will be submitted to the school board for further action.
GAEA
DUE PROCESS
1.
RIGHT TO A FAIR
A. The hearing must be fair and impartial. It is the responsibility of the school administrator to see that the hearing is fair.
B. Participants in the hearing may be limited to interested parties.
2. RIGHT TO COUNSEL
A. The employee may use any person, including a student or other school personnel, as his/her counsel.
B. The employee is entitled to the services of an attorney, at his/her own expense, if he/she desires legal representation.
3. RIGHT TO CROSS-EXAMINE
A. The employee shall have the right to confront the witness against him/her.
B. The employee has the right to examine evidence to be used against him/her far enough in advance to enable him/her to prepare his/her defense. The employee must not be surprised with new evidence at the hearing.
4. RIGHT TO RECORD OF HEARING
A. The employee will be provided a copy of the hearing upon request.
B. The school must provide an accurate resume of the hearing. There need not be a verboten account of the proceedings.
C. Hearing records should be maintained for at least one school year.
D. In case of appeals, accurate accounts must be furnished to the office receiving the appeal.
5.
RIGHT TO ADMINISTRATIVE REVIEW
A. Employees may appeal adverse decisions of the school administrator within 5 working days of the decision to the school board.
GAEAA
HEARING PROCESS
It will be the responsibility of the administration to insure a fair and impartial hearing for any staff facing allegations which could result in suspension or termination.
1. Allegations must be made in writing within 72 hours of the incident. They must specify each occasion of violation, the date, and the allegation.
2. The Superintendent will arrange for a special meeting of a hearing panel within of five working days, after the employee has been informed of the allegations.
3. The employee must be given enough time to examine the evidence to be used against him/her to prepare a defense. If the employee feels they have had not had enough time to prepare a defense, the chairperson may grant a reasonable postponement.
4. The employee has the right to be represented by law or legal counsel of his/her choice. Attorney’s fees are to be borne by the employee.
5. The employee has the right to confront and cross-examine all witnesses against him/her and to procure witnesses on his/her behalf.
6. No employee shall be compelled to testify against himself/herself.
7. At all times during the hearing, the employee has the right to have their designee present.
8. The school must keep accurate written account of the hearing. Upon request, the employee will be given a copy of the hearing proceedings; including written findings of fact and conclusion in the case. The Hearing Panel will have a decision within five (5) days.
Grievances pertain to the contractual issues and processes. A suspension from duty without pay is considered a contractual issue. A written grievance form shall be submitted to the Superintendent. The Superintendent will submit the grievance to the school board and a meeting will be scheduled within five working days. The decision of the school board shall be considered final.
The
Bullying is unacceptable
and shall not be tolerated. No employee or student of the school may bully
another person. Any employee or
student in violation of JCAC will be subject to disciplinary action.
Bullying can be, but is not limited to: verbal, physical, gestures, look,
intimidation or harassment. Staff will treat students and other staff with
mutual respect.
GAECA
CYBER BULLYING
Cyber bullying is all form of harassment over the Internet or other forms of electronic communications, including cell phones. Students and staff will refrain from using communication devices or School property to harass or stalk another. The School’s computer network and the Internet, whether accessed at school or away from school, during or after school hours, may not be used for the purpose of cyber bullying. All forms of cyber bullying are unacceptable and viewed as a violation of this policy and the School’s acceptable computer use policy and procedures.
Users are responsible for the appropriateness of the materials they transmit. Hate mail, harassment, discriminatory remarks, or other anti social behaviors are expressly prohibited. Cyber bullying includes, but is not limited to the following misuses of technology: harassing, teasing, intimidating, threatening, or terrorizing another person by sending or posting inappropriate and hurtful e-mail messages, instant messages, text messages, digital pictures or images, or web site postings, including blogs. It is also recognized that the author (poster or sender) of the inappropriate material is often disguised (logged on) as someone else.
Students and community members, who believe they have been victims of such misuses of technology, as described in this policy, should not erase the offending material from the systems. A copy of the material should be brought to the attention of a principal or teacher.
In situations in which cyber bullying originated from a non-school device, but brought to the attention of the school staff, any disciplinary action shall be based upon whether the conduct is determined to be severely disruptive of the educational process so that it markedly interrupts or severely impedes the day to day operations of the school. In addition, such conduct must also violate a school policy. Such conduct includes, but is not limited to, threats, or making threats off school grounds, to harm a member of the school staff or a student.
Malicious use of School’s computer system to develop programs or to institute practices that harass other users to gain unauthorized access to any entity on the system and/or change the components of an entity on the network is prohibited.
Disciplinary action may include, but is not limited to, the loss of computer privileges, suspension, or termination for verified perpetrators of cyber bullying. In addition, when any kind of threat is communicated or when a hate crime is committed it may be reported to law enforcement.
Violence occurs whenever anyone inflicts or threatens to inflict physical or emotional injury or discomfort upon another person’s body, feelings or possessions. Violence is not tolerated in school, at school activities, or on school property. Employees who feel they have been threatened by violence will notify their supervisor who is responsible for conducting an investigation. Discipline procedures will be utilized up to and including expulsion or termination.
EMPLOYEE ASSISTANCE PROGRAM (EAP)
A referral program to assist employees to resolve a wide range of personal problems that can have a negative effect on their job performance will be provided.
a. All employees of the School no matter their job title or responsibilities will have access to the EAP.
b. Most problems can be successfully resolved provided that the problem is identified early and proper assistance is obtained.
c. All employees will be given an opportunity to receive employee assistance, however any continual and/or habitual problems affecting their job performance will be addressed solely with the established policies governing disciplinary action.
DRUG
To maintain a safe learning and working environment, and according to regulations established for the Drug Free Work Place Act, the following procedure is established:
Any Location which school business is conducted, whether at
this or any other site is declared to be a DRUG
1. All employees are prohibited from unlawfully manufacturing, distributing, dispensing, possessing, or using controlled or misusing substances in the workplace. (This includes tobacco usage.) An employee violating the above policy is subject to discipline, up to and including termination. Employees must notify the supervisor of medications used to include over-the-counter and prescribed.
2. Employees including those individuals assigned to Enemy Swim Day School through employment opportunity programs are subject to pre-employment, random, reasonable suspicion, post accident and baseline drug testing. Pre-employment drug testing is required for all new employees. Random testing requires that employees submit to a drug test on an irregular unannounced schedule. The random process will be determined through a computer generated program. Reasonable suspicion testing occurs when there is a suspicion of drug use. Written statements describing the suspicion must be submitted to the Superintendent for evaluation and determination for testing. A post-accident drug test is required when an employee is involved in an accident or injured while on the job. This is considered to be in the best interest of the employee and the School. Baseline testing may be implemented for all employees when the drug testing policy has been amended or changed. Refusal to submit to a requested drug test, for any reason, subjects the employee to immediate disciplinary action, up to and including termination. Failure to appear and take the assigned test is considered another form of refusal, as is appearing at the assigned place and time but leaving before the test is administered. If there are extenuating circumstances for missing the scheduled drug test then the Superintendent may allow for the re-scheduling without administering discipline.
Any employee that tests non-negative will be on Leave without Pay status pending board review and action.
A. To dispute the randomness of the selection; file a complaint with the superintendent within 5 working days. The superintendent will set up a school board meeting within 5 working days to hear a presentation of the employee’s claims and compare it with the procedure and policy to decide if the employee might have been selected in a prejudicial manner.
B. To dispute the accuracy of the test or the propriety of the sample-handling procedure; this is a claim against the testing agency, a dispute must be filed within 5 days in order for the employee to be re-tested.
3. Any employee convicted of violating any criminal drug statute must inform the Superintendent of such conviction, (including pleas of guilt and no contest) within five days of the conviction occurring. Failure to inform the school subjects the employee to disciplinary action, up to and including termination. The Superintendent will notify the education line officer within 10 days of receiving notice of conviction.
5. The School Board will not cause to employ any person whom has a drug related conviction within the last year.
ALCOHOL USE
Because school employees are involved with children and young adults, they are held to a higher standard concerning alcohol and drug use.
The Board does not intend to intrude into the private lives of its employees, but does request employees to exercise reasonable judgment regarding the use of alcohol while not at work and encourages employees to refrain from abuse of alcohol while an employee with Enemy Swim Day School. The Board requires employees to conduct their work free from the influence of alcohol.
Three-Step Prevention Program:
Steps one: To all employees.
Step two: To employees who request or are recommended by their supervisor.
Step three: To those employees with severe alcohol problems.
Step one will be an annual program to inform all employees of the effects of alcohol.
Step two is a referral for a brief intervention when an employee experiences mild to moderate alcohol problems. The intervention will help the employee identify when and why they exceed responsible personal limits, identify the consequences of this excess, increase knowledge about responsible drinking guidelines and strategies. The step two inventions will range from ½ hour to 12 hours dependent on need.
Step three is a referral for employees with severe alcohol problems. It requires an alcohol assessment, treatment if recommended by the assessment and rehabilitation after treatment. If an employee is convicted of any alcohol related violations the employee will be subject to disciplinary action up to and including termination.
TOBACCO USE
Tobacco-Free Areas and Activities:
All areas of the school property and student activities are tobacco-free, without exception. This includes the building and grounds, parking lots, student activities, and Enemy Swim Day School owned vehicles at all times. Tobacco products and organizations will not be promoted/featured, sold, or given away on any school property or at any student activities.
Sign Requirements
Signs stating the policy will be clearly posted on the perimeter of the property, at all entrances, and other prominent places. No ashtrays or other collection receptacles for tobacco trash will be placed on the property.
Compliance
Enforcement of this policy is the shared responsibility of all Enemy Swim Day School personnel. All employees are authorized and encouraged to communicate this policy with courtesy, respect, and diplomacy, especially with regard to visitors. If difficulties arise with compliance of this policy, notify security.
Incidents of smoking and/or tobacco use by employees or students are to be documented for supervisor follow-up and/or handled per school policy, as well as evaluated for trends and patterns of noncompliance.
Tobacco Cessation
Opportunities
Enemy Swim Day School encourages all employees who use tobacco to quit. Tobacco cessation information is available from the South Dakota QuitLine’s toll-free number 1-866-737-8487, or by visiting the Tobacco Control Program’s website at: http://www.state.sd.us/doh/Tobacco/.
GAEF
EMPLOYEE CODE OF CONDUCT
The Enemy Swim Day School Board has the highest regard for the staff and students that attend Enemy Swim Day School. Students deserve to be educated in the best environment possible and Staff deserves to work in an effective environment. All staff will adhere to the Code of Conduct.
All
1. Comply with legitimate directives issued by a recognized source of authority.
2. Comply with established policy, routine or procedure relating to an employee’s time on duty.
3. Be verbally truthful and honest regarding matters of interest to the Enemy Swim Day School Board of Education.
4. Be truthful and properly use documents, data, recordings, blueprints, photographs, or other sources of information of interest to the Enemy Swim Day School Board of Education.
5. Respect the personal rights of staff, students, external stakeholders or legitimate business of the school that is of interest to the Enemy Swim Day School Board of Education.
6. Conduct yourself in a manner, whether off Enemy Swim Day School Board of Education property or outside the established contract day, that does not affect the ability of the employee to perform his/her job duties.
7. Maintain a safe and healthy environment, free from harassment, intimidation, bullying, substance abuse, and/or violence and free from bias and discrimination.
8. Preserve the confidentiality and dignity of each person, and
9. Comply with all federal, state, tribal, county, city and Enemy Swim Day School Board of Education laws, policies, regulations and procedures.
Employees of the
a. Having romantic or intimate relationship with students.
b. Contributing to the delinquency of a student.
c. Violations of any Child Protection laws and ordinances.
d. Providing
overnight or other lodging of students without parental or legal guardian
permission or knowledge (parental permission also required if a school-sponsored
activity).
e. Providing, distributing or consuming of alcohol/drug substances with students.
f. Interactions with students on social networking devices and services.
g. Other unethical conduct of the employee regarding this item as prescribed by community norms.
Sexual harassment is
illegal, unacceptable and shall not be tolerated. No employee or student of the
school may sexually harass another.
Any employee or student will be subject to disciplinary action including
possible termination for violation of this policy.
Definition- Any unwelcome
sexual advance, solicitation of sexual activity by promise of rewards, coercion
or threat of punishment, verbal sexist remarks, or physical sexual assaults
constitutes sexual harassment. This
conduct has the effect of unreasonably interfering with an individual’s academic
or work performance or of creating an intimidating, hostile, or offensive
employment or education environment regardless of intent.
Complaints- Any employee
who believes that he or she has been a subject of sexual harassment by a school
employee, administrative person or school board member should report this
incident immediately to the immediate supervisor.
If the immediate supervisor is involved in the activity, the violation
should be reported to the supervisor’s immediate supervisor.
Students should report such incidents to the guidance counselor and/or
the appropriate administrator. All
reported incidents will be thoroughly investigated and subject to disciplinary
action. Confidentiality consistent
with due process will be maintained. A complaint form must be completed.
Prohibition against retaliation Policy is applicable
GAEB.
No school employee shall engage in any outside activities or employment, which interfere with their ability to carry out their regularly assigned duties.
Employees are not permitted to have financial interests which conflict substantially with their official duties, or to engage in a financial transaction as a result of information obtained through their employment with the school.
To prevent situations in which conflict of interest regarding nepotism may arise; the following guidelines shall apply to the selection of personnel by the Board for advertised position vacancies, as well as the assignment of personnel, and supervision of employees at the School:
1. PERSONNEL SELECTION:
School Board members shall excuse themselves from personnel interviewing, selection, or disciplinary action in the event the individual being interviewed, being considered for employment, or if an employee is initiating grievance procedures, or being considered for disciplinary action is an immediate relative of a Board member. By this definition an immediate relative is defined as father, mother, son, daughter, brother, sister, husband, wife, and hunka relatives in that role. Minutes of the Board shall reflect that the related Board member excused themselves from the meeting in which these items are being considered.
2. PERSONNEL SUPERVISION:
The Board shall not assign the direct supervision of any employee to a relative as defined in (1) of this policy.
Staff members are considered to be a part of the community, in which they work and are encouraged to actively involve themselves in community activities. Staff shall refrain from community involvement activities which create a conflict with policies of the school or which may result in a conflict of interest or reduction in employee performance.
Staff can be involved in political activities as long as it does not hinder their job performance or conflict with school policies.
Employees will not sell, solicit for sale, advertise for sale merchandise or services or organize students for such purposes without the approval of the Superintendent. No organization may solicit funds from employees or may distribute flyers related to fund drives through the schools without the approval of the Superintendent. In recognition and support of local custom, those gifts given as part of community activities or in exercise of Dakota customs, (e.g., funeral giveaways) are allowed.
A personnel file shall be maintained for each employee of the School, with access limited to the Superintendent or a designee, the individual employee, and the Business Manager. The Business Manager shall be responsible for personnel file maintenance. It is the responsibility of the employee to submit their appropriate documents to the personnel manager. Contents of the personnel file may include but are not limited to:
1. Application for employment or letter of application
2. Training for employment or letter of application
3. Transcripts, resume credentials
4. Health examination certificate
5. Orientation Certificate (on file)
6. Employment Contract
7. Evaluations
8. Personnel Actions
All personnel records shall be considered confidential as per the Privacy Act. They shall not be open for inspection by unauthorized personnel. Ordinary employee information available to the public shall be limited to the name of employee, the assignment, and the dates of employment.
The school can make salary deductions for required federal or other taxes, employee share of fringe benefits, School debits (lunch ticket, computer, phone, copies, fax, other), Sisseton-Wahpeton Federal Credit Union, and other Tribal Entities, child support court orders, deductions required as garnishment due to legal judgment through Tribal Court.
Salary and Wage Rates: Employee salary shall be based upon rates approved by the School Board, within budget limitations.
Contracts: The Superintendent shall be responsible for the issuance of contracts based on approval of the School Board, and within a format approved by the School Board. The School Board shall determine annually: Employee renewal and non-renewal timelines, wage rates and salaries, contract and wage agreement, special provision (contingent upon funding; probationary period; other appropriated items) for employees, types of and conditions regarding employee leave, timelines for the acceptance or non-acceptance of contracts and wage, fringe benefits for employees, position description updates and revisions, employee contract duration and other considerations regarding conditions of employment evaluation, etc.
The Superintendent shall be responsible for consulting with the School Board and employees regarding conditions of employment. All employees shall sign a contract, which specifies the dates of school days in session, within a school or work term approved by the Board, and shall be responsible for completing the conditions of the contract. Failure of an employee to accept and return a contract or wage agreement issued by the School Board in the time specified will result in the offer of employment of the Board being revoked.
One to three years of experience will be taken into account, if the experience is of similar nature.
The School Board shall approve salary pay period schedule, which is consistent with the overall budget and funding timelines. No salary advances are allowed. No overtime will be paid without prior approval from the Superintendent. There will be no early payroll checks given.
Teachers’ Contract Voluntary Termination: Refer to GBO
TimeKeeping:
An exempt employee is an employee whose primary duty is of the educational profession, supervisory or administration whom is exempt from minimum wage and overtime provisions. Exempt employees will be classified as such according to their level of education and area of responsibility.
An hourly employee is an employee that is guaranteed “time and a half for overtime”. Overtime is not permitted unless the overtime is prior approved by the Superintendent. It is required for employees to clock out when they leave the workplace.
Time will be computed on the quarter of the hour basis (ie. if employee is 1-15 minutes time is deducted in 15 minutes increments). Salaries will be computed on actual time recorded on the time card/sheet during employees’ designated work schedule.
All employees are required to clock in and out, themselves, according to procedure.
Direct Deposit: All contractual employees will be paid by direct deposit.
Distribution of Payroll: Checks &/or direct deposit slips can be picked up from the Business Office on payday.
The Superintendent shall be responsible for the development of position descriptions for all employees of the School, for review by the Board. The Board shall approve all positions and position descriptions for every position at the School. Job descriptions will be provided to each employee upon request.
Any person that has regular contact with children is required to complete a background check. The school will only employ those individuals that meet the standard of character according to P.L. 101-630: Indian Child Protection and Family Violence Prevention Act and P.L. 101-647: Crime Control Act.
1. The School Board shall not employ any person whom has not completed a GED or formal high school education program. The TANF afterschool program may employ individuals if they are working towards a GED or a high school education-conditions will be set forth in Afterschool Contract.
2. Any employee required to be certified (teacher, administrator, counselor, coordinator, Superintendent, other) shall be required to submit a copy of their appropriate certificate to the Superintendent for the placement into the employee's personnel file. The Superintendent may suspend salary payment of any employee who is required to have a certificate on file and does not have one on file. Failure of certified employees to submit a certificate is cause for termination of employment.
3. The School Board may request provisional certification for an employee required to be certified for their role when, in their best judgment, the employee possesses the skills, competencies, and experiences. However, this request shall be made only when the Board is unable to acquire a fully qualified employee for the position following advertisement of the position vacancy for two weeks. The Board shall not be responsible for request for re-issuance of a provisional certificate for the subsequent term, nor shall the Board provide payment to the employee for program completion required meeting additional provisional certification requirements.
4. The School Board may require on-going educational participation by an employee as a condition of employment in the event that participation will eventually result in the employee meeting educational degree requirements for their position, or in increasing their competency in their current or anticipated position.
1. ADVERTISEMENT: All position vacancies at ESDS, with exception to those position vacancies which can be filled through employee promotion or transfer policies GBM will be advertised locally and regionally. Position vacancies must be approved by the Board. The Board may re-advertise position vacancy until the position is filled.
2. REINSTATEMENT: The School Board may reinstate employment of a prior term employee, to a similar position vacancy that occurs, if the employee was, during the previous year, laid-off from their employment due to funding limitations and if the employee was at the time of lay-off in good standing. An employee terminated may not apply until one (1) year after termination.
3. INTERVIEW: No new applicants of ESDS will be employed without completion of personal interview with the School Board. The applicants will be ranked for the filling of the position vacancy. It is at the discretion of the board if interviews will be conducted for individuals for whom promotion, transfer or re-instatement is being considered.
4. EMPLOYMENT PREFERENCE: The Board may consider Indian preference and Veteran’s preference in employment when considering employee selection at the school. Preference may be considered and granted if applicants are considered of equal educational, experience, or skill background.
5. NOTIFICATION OF APPLICANT STATUS: The Administrative staff will notify applicants of their non-selection for a position within two weeks following the selection of an applicant by the Board and the acceptance of a contract by the selected applicant.
6. NON-DISCRIMINATION: All applicants will be considered on the basis of the needs of the school, and the merits and qualifications of the applicants. There shall be no discrimination with regard to applicant age, race, national origin, color, creed, disability, status with regard to public assistance, marital status, sex, religion or present or former employment by the School.
7. APPLICATION REQUIREMENTS: New applicants for positions are required to submit the following information prior to consideration for employment. Failure to provide a complete application may result in the Board not considering the applicant for employment:
a.
b. Resume (if needed)
c. Official transcript of college course work and certifications (if needed)
d. Three letters of references (if needed)
e. The school maintains applicant files for one year. Once an applicant has been selected and contracted for employment their applications remain in their personnel file.
f. A background check is required.
g. Certification of Degree of Indian Blood if applicable
8. EMPLOYEE RECOMMENDATION FOLLOW-UP: The Superintendent will request additional information as needed. The information acquired will remain confidential, and may only be presented to and discussed by the Board. Those individuals submitting employment recommendations for applicants may also be contacted regarding the applicant’s potential performance capabilities and other appropriate information. This information will also be confidential. Other appropriate agencies may also be contacted to acquire additional information regarding the suitability of an applicant for employment.
9. BOARD APPOINTMENT: The School Board does reserve the right to make employment appointments for temporary positions without advertisement.
10. RECRUITMENT OF NATIVE AMERICAN INSTRUCTIONAL STAFF: The School Board will strongly recruit Native American Instructional Staff through various strategies to include but are not limited to: Signing Bonuses, Advertisement in Native American newspapers, Grow Our Own Programs, and other incentives.
The Board will make final selection of all school positions, after hearing recommendations from the Superintendent. All candidates shall be considered on the basis of the needs of the School and qualifications. The applicants may be ranked for the filling of the position vacancy. Upon selection, the Personnel Office will notify the applicant within two weeks.
The following will be utilized as a guideline for offering contracts:
Superintendent: Prior to January 15,
Business Manager/Principal/Head Cook/Facility Manager: Prior to February 15
Certified Teaching Staff: Prior to March 15
FACE/ParaEducators/Support Staff: Prior to April 15
TANF: Prior to May 15
In consideration of the sensitive nature of positions involving the education of children, applicants must be able to pass a background check.
All employees, volunteers and substitutes that have regular contact with children are required to complete a background check. The school will only employ those individuals that meet the standard of character according to P.L. 101-630: Indian Child Protection and Family Violence Prevention Act and P.L. 101-647: Crime Control Act.
Copies of Background checks will be provided to the employee by Enemy Swim Day School for a fee of $25.00.
A) Registered Sex Offenders are not allowed within 500 feet of any school. RSO’s may be the parent, step parent or legal guardian of an enrolled student at ESDS, thereby prompting a need to be on campus. ESDS will take all precautionary measures to operate in accordance with SWO Chapter 75 and will work closely with the SWO SORO to maintain the safety of staff, students and general public while maintaining the integrity of situations that may occur in relationship to hosting a RSO.
B) The SWO SORO will contact the school at least 2 days in advance of a scheduled event ie; parent conference/s. The school will provide an information form regarding the event date and time frame a RSO will be allowed access to the school. The SWO SORO will meet with the RSO, sign acknowledgement of the event date and time frame that they will be allowed on campus. The form will be sent back to the school 2 days PRIOR to the date of the event. Should the RSO fail to comply with the date or time frame the SWO SORO will be immediately notified. An alternate date and time frame may or may not be granted.
C) ESDS will select a Designated Monitor/s to be responsible for monitoring the RSO’s movements and will assume escort duties while the RSO is on campus and for the full duration of a RSO visit. RSO’s shall never be allowed unlimited access to the school without the escort of a Designated Monitor. RSO’s will at all times be restricted to certain areas of the school property; failure to adhere to the guidelines specifying areas, the RSO will be found as Failure to Comply.
D) RSO’s will be escorted and directed as to where their meeting/event will take place and must maintain occupancy of the designated area/s for the duration of their visit. RSO’s may have access to the cafeteria restroom only. Under no circumstances shall other restrooms be utilized while on campus. RSO’s will at all times be restricted to certain areas of the school property; failure to adhere to the guidelines specifying the areas, the RSO will be found as Failure to Comply.
E) At any given time ESDS may prohibit any RSO from being on campus. Should this situation occur, the Designated Monitor/s shall document (under the direction of the Superintendent) the name of the RSO and the details of the situation and forward this information directly to the SWO SORO.
Teachers and other staff may be assigned to specific duties and grade level placement according to their certification and/or training by the Superintendent/Principal.
Orientation will be provided to employees and individuals assigned to ESDS through employment opportunity programs according to the orientation procedures. Mentors will be designated for all new employees. A mentorship program may be utilized.
All new employees will be considered to be on probationary status for a period of 90 days from the first day of employment (or prorated according to the terms of the contract). The Board may choose to suspend or terminate an employee at any time during their probationary period. The Board can extend the probationary period up to 30 working days.
Each employee shall be notified as to their immediate supervisor at the onset of their employment. Responsibilities of the supervisor shall include time and attendance, evaluation, technical assistance, consultation, assistance in planning, assistance in problem-solving and conflict resolution, identification of professional development needs and resources, assistance in material and supply acquisition, approval/disapproval of leave according to procedures set by the supervisor, and other duties.
Formal evaluation shall be made by the Superintendent or other authorized administrative personnel, using evaluation procedures recommended by the Superintendent, and approved by the Board. The evaluation will be completed by supervisors, and will consist of rating employees in areas such as quality of work; teamwork with other staff, community and students; initiative; dependability, etc., and in comparison of work performance to position description
Evaluation Process of Non-Instructional Staff
A.
Employee within first (1) year of Employment at
All supervisors shall be responsible for conducting a minimum of (2) employee formal performance evaluations for each employee for whom they provide direct supervision, utilizing a format and process approved by the Board, within the following requirements:
1. Probationary performance evaluations will be completed prior to completion of probation period.
2. Second formal performance evaluation completed at least one month prior to contract insuance of each school term.
3. Results of formal performance evaluations shall be considered in part as criterion for contract renewal or non-renewal for the subsequent school term.
4. Results of performance evaluations shall be maintained in the employee’s personnel file, with a copy to the employee.
5. Evaluation timelines will be adjusted for staff hired in the mid contract year.
6. Employees with a plan of improvement will be evaluated according to the aforementioned procedure.
B.
Employee with two to six years of employment at
Enemy Swim Day School
All supervisors shall be responsible for conducting a minimum of one performance evaluation for each employee, for whom they provide direct supervision, utilizing a format and process approved by the Board, with the following requirements:
1. The formal evaluation to be completed by the first of the month of contract issuance according to guidelines.
2. Results of formal performance evaluations shall be considered in part as criterion for contract renewal or non-renewal for the subsequent school term.
3. Results of performance evaluations shall be maintained in the employee’s personnel file, with a copy to the employee.
C.
Employee with seven or more years of employment
at Enemy Swim Day School
All supervisors shall be responsible for conducting a minimum of one performance evaluation for each employee every two years, for whom they provide direct supervision, utilizing a format and process approved by the Board, with the following requirements:
1. The formal evaluation to be completed by the first of the month of contract issuance every two years according to guidelines. .
2. Results of formal performance evaluations shall be considered in part as criterion for contract renewal or non-renewal for the subsequent school term.
3. Results of performance evaluations shall be maintained in the employee’s personnel file, with a copy to the employee.
Evaluation of Instructional Staff
A.
Probational Educator (1-2 years ESDS experience)
or Educator on Plan of Assistance
An Administrator shall be responsible for conducting a minimum of two formal performance evaluations for each employee for whom they provide direct supervision utilizing a format and process approved by the Board. A Mentor teacher shall be responsible for conducting a minimum of two observations (One will be written and submitted to the administrator), within the following requirements:
1. Mentor employee will be assigned at the beginning of each school term.
2. First Mentor observation completed within 30 days of initiation of contract.
3. First formal performance evaluation will completed prior to completion of probation period.
4. Second
5. Second formal performance evaluation and post evaluation conference completed by the first of the month of contract issuance according to guidelines.
6. Results of evaluations shall be considered in part as criterion for contract renewal or non-renewal for the subsequent school term.
7. Results of performance evaluations shall be maintained in the employee’s personnel file, with a copy to the employee.
8. Employees hired in mid contract year will have evaluation timeline adjusted.
B.
Continuing Contract Educator –
An Administrator shall be responsible for conducting a minimum of (1) formal performance evaluation for each employee for whom they provide direct supervision utilizing a format and process approved by the Board with the following requirements:
1. Formal performance evaluation and post evaluation conference completed by the first of the month of contract issuance according to guidelines.
2. Results of evaluations shall be considered in part as criterion for contract renewal or non-renewal for the subsequent school term.
3. Results of performance evaluations shall be maintained in the employee’s personnel file, with a copy to the employee.
C.
Continuing Contract Educator – Master Teacher (7
+ Years of Experience, 15 + graduate credits in professional development,
exceptional evaluation ratings within categories of teaching strategies,
leadership, quality of work, dependability, initiative, etc.)
An Administrator shall be responsible for conducting a minimum of (1) formal performance evaluation every two years or for approving an action research project for each employee for whom they provide direct supervision utilizing a format and process approved by the Board.
1. Formal performance evaluation and post evaluation conference or action research project completed by the first of the month of contract issuance every two years according to guidelines.
2. Results of evaluations shall be considered in part as criterion for contract renewal or non-renewal for the subsequent school term.
3. Results of performance evaluations shall be maintained in the employee’s personnel file, with a copy to the employee.
The School Board may lay-off an employee due to budget constraints or other conditions which impede the Board’s ability to meet employee contract obligations as to salary payment; an employee that is laid-off due to this type of situation shall have priority in subsequent position vacancies for which they are qualified.
The School Board shall have the authority to implement reduction in force actions in the event of budget limitations; reduction-in-force actions shall be implemented in consultation with staff in an effort to not diminish services to students or impede the on-going operation of the school and its programs. Considerations to be viewed in this type of action include:
1. Basic services required for school operations.
2. Particular funding resources reductions requiring action.
3. Length of service to the School and its students.
4. Positions required meeting accreditation, programming and contracting requirements.
It is the responsibility of employees in administrative and supervisory roles to administer policies in an equitable and consistent manner, for any violations of policy or procedure by an employee for which they provide immediate supervision. These procedures have been established by the School Board to ensure the effective operation of the School for the benefit of the students, and to assure all employees of fair treatment.
The Superintendent shall have the authority to immediately
suspend an employee from their duties in the event of employee serious
misconduct (any act which results in serious damage to
In instances, where employee performance is not consistent with policies and expectations of the personnel policies and procedures, and are not included under the definition of serious misconduct (such as: Failure to carry out duties, repeated tardiness, insubordination, and other similar performance issues), the following procedure will be initiated in an effort to improve employee performance by the supervisor:
a. Order and Documentation. Process set forth in the code of conduct.
b. Conflict Resolution.
It is the intent of this procedure to improve performance through
conflict resolution at the lowest administrative level; the procedure will
follow the following order: Informal
Discipline: Oral Warning. Written Warning, Formal Discipline:
Official Reprimand, Suspensions, Dismissal.
If deemed appropriate, depending upon the nature of the behavior of serious misconduct as defined in this policy, the Superintendent may suspend an employee within the limitations prescribed above and recommend a hearing with the Board to review the matter for determination of any additional disciplinary action, or possible termination of employment at the School.
Behaviors or acts, which constitute misconduct, may include but are not limited to:
1. Missing work without reporting in and acquiring leave approval.
2. Use of alcohol or drugs on the job or at school-sponsored activities.
3. Distribution or selling of alcohol, drugs or other substances.
4. Physical assault of a student, employee or other individual at the School.
5. Failure to report child abuse or neglect.
6. Failure to use established grievance procedures in working toward a resolution of grievance.
7. Failure to adhere to policies regarding staff-student relations.
8. Conviction of a felony.
9. Immoral conduct as judged by community standards.
10. Repeated gross inefficiency and failure to perform duties after reasonable written notice.
11. Repeated failure to follow established policies and procedures of the Board after reasonable written notice.
12. Theft, misuse or embezzlement of school funds, and property.
13. Falsification or misrepresentation of information for which an employee bears responsibility.
14. Failure to provide adequate supervision of students which results in physical or emotional injury to a student, consistent with the intent of child protection laws.
15. Use of corporal punishment or physical force with students as a disciplinary measure; use of verbal abuse (name-calling); swearing or other non-professional communications in dealing with students.
16. Miscommunication regarding the school, students or employees of the school which results in an intentional and purposeful disparagement of the school, students, or employees of the school; this is especially true in public expressions as an employee of the School.
17. Communication of confidential information regarding students or employees of the school which was expressed in confidence and personal matters.
18. Public non-support of the School in matters pertaining to situations, grievances, and non-use of appropriate procedures to process concerns that result in disruption of normal school activity, professional relationships, and overall school environment.
19. Inability or failure to adhere to conditions as stated in performance improvement plan.
If an employee does not agree with a suspension action, they must follow established grievance procedures to further process their concerns.
There is no tenure policy or provision at the School. Contract renewal or non-renewal shall be based on current term performance for all employees at the School, for each annual contract term.
Job openings will be posted in-house for a period of five days. Employees wishing to transfer to an open position must notify the personnel office in writing within five days. The School Board may, upon recommendation of the Superintendent and with the consent of the employee, transfer an employee to another position vacancy with the School. Position transfers will take into consideration:
a. The ability of the employee to competently perform the duties and responsibilities of the position vacancy to which employee transfer is being considered;
b. The education, experience, and other background and preparation of the employee in regard to the position vacancy to which employee transfer is being considered;
c. The employee must be properly endorsed and certified or meet other requirements of the position vacancy to ensure standards compliance for accreditation and other requirements of the school;
d. The transfer of the employee to a position vacancy is considered to be in the best interest of students and the overall program of the School.
Position transfers do not require transfer of an employee to a position of equal job status or pay, as the school has established specific salary and wage scales for various position roles at the school.
Voluntary Termination: Any employee wishing to voluntarily resign from his/her position shall give written notice to the Superintendent prior to leaving duties: ten working days for noncertified staff or thirty working days for certified staff.
Involuntary Termination: The Board shall give consideration prior to any decision to discharge an employee for cause before the expiration of the term of the contract. Notification of these intentions shall be given the employee in writing prior to discharge. The notice shall include the time and place for a special meeting of the Board and specific reasons for such discharge. The Board may dismiss an employee, effective immediately, for violations of the code of professional ethics and/or the code of conduct.
If the employee contests the termination the grievance policy will be followed.
The meeting shall be in executive session of the Board unless both the Board and the employee requesting such meeting shall agree that it shall be open to other persons or to the public.
The Board may suspend the staff from regular duty during the determination of violations of policy and code of ethics.
Any certified staff member who breaks a signed contract without school board approval will be penalized $1500.00. The school board can waive or reduce this amount.
Noncertified-Employees wishing to resign their position at the School must provide the Superintendent with a minimum of ten working days notice of separation.
Certified personnel must provide a minimum of 30 days notice. Failure to provide adequate notice or Board’s non-acceptance of resignation or separation request may result in a Board request of certification revocation and a penalty. The Board must approve all resignations or requests for separation from duty.
The school has a retirement program for regular employees.
First Year Employee contribution will be at 1% with contributions being accrued for one calendar year period. Contributions will be paid into the employee retirement account 30 days after the initiation of the second year contract. One year or less employment will result with forfeiture of retirement contributions.
The following contribution categories apply to employees over one year of service:
1-3 years 2%
4-6 years 3%
7-9 years 4%
10+ years 5%
School employees shall have a physical examination prior to employment and shall file a medical certificate attesting to their freedom from communicable disease. Such certificate must be filed with the Business Manager. Communicable Disease JGCC Policies pertain to all employees of the Enemy Swim Day School.
The Superintendent shall establish the time schedules as needed.
Staff will abide by the Internet Usage agreement.
Staff meetings will be regularly scheduled according to the needs of the school.
Each staff member agrees to assume his or her share of duties incidental to the programs of the school, including, extra-curricular and co-curricular activities and community activities as assigned by the Administration. Roles, responsibilities and compensation will be stated within the extra duty contracts and will be approved by the school board. Failure to successfully complete the duties of the extra duty contract will be referred to the school board for action.
Employees who are authorized to travel in performance of some special duty shall be reimbursed for other expenses when appropriate as approved by the Superintendent. Authorization for such travel reimbursement must be obtained in writing from the Superintendent prior to incurring such expenses.
Employees shall not engage at any time in any employment that would interfere with their effectiveness in performing regular assigned duties. Employees shall not be employed or involved in any private business during the hours necessary to fulfill appropriate assigned duties. Employees shall not engage in employment that is in conflict of morals or ethics as judged by community standards
Teachers shall not receive money for tutoring any student. The school provides an extended school day program, which allows for extra tutoring as scheduled. Staff are allowed to be compensated for special projects such as reading and math clinic, as approved by the superintendent and school board.
The Superintendent may authorize professional leave for visitations, attendance of personnel at State, regional and national meetings, workshops, and conferences without pay deduction. The Superintendent shall consider the factors of limitations for employing substitutes and reimbursement for travel, meals and lodging.
All staff members are entitled to paid leave each year with the exception of temporary employees. (Part-time employees shall have their leave prorated.) Paid leave includes planned or unplanned leave. The administrator, up to the amount contracted to the employee, may approve paid leave. Leave must be requested and approved on a leave slip at least five calendar days in advance (except in the case of illness or emergency). The administrator based on scheduling and availability of appropriate substitutes will approve leave.
All unused leave up to 240 hours may be carried over to the next year. Leave over the balance of 240 hours will be bought from the employee at the rate of $2.00/hour during the next regular payroll period on or about January 2 and July 2 of every year. The leave amount granted in a week will be such that it does not exceed the total number of hours in the employee’s contracted workweek. It will not be granted if it puts an employee into overtime.
If leaving in good standing, employees will be paid up to half of the leave balance at the time of separation of employment at their regular hourly contract rate.
In any other situation the employee will not be compensated for unused leave.
New employees will be allowed to use their accrued leave upon the successful completion of their 90 days probationary period.
In instances of unplanned leave, the employee is required to contact the Administrator at least one hour before scheduled duty time in the event of their absence from their duty station and work area. Failure to report absence will result in AWOL status and be subject to personnel action. If notification is not made, such absence will be charged to leave without pay, written notification of actions and it is considered absence without leave. Even Leave Without Pay (authorized absence but no leave earned or available) must be approved in advance. All leave must be approved in advance, with the exception of unplanned leave.
An employee must have a doctor’s statement if more than 24 hours of leave is taken consecutively without prior approval.
Leave will be at the following rates for school term employees (prorated according to contracted hours):
0-4 Years at ESDS 5-9 Years at ESDS 10+ Years at ESDS
8 hours per working month 10 hours per working month 12 hours per working month
Educational Leave: Employees of the School that are enrolled in courses in a higher educational institution may be granted four (4) hours per week for educational leave, as long as participation does not significantly interrupt the delivery of instructional services to students. This leave must be reported to the Board.
Leave may be granted for employees who need to comply with a subpoena to appear in a court of law or before a judge, legislative committee, or any officer, board or body authorized to conduct any hearings or inquiry for jury duty. Administrative leave will be granted and any compensation is to be turned into the school.
Unplanned leave may be granted when an employee has an illness or an emergency that is unforeseen. The employee needs to contact the Supervisor ASAP to make arrangements for the absence.
Unplanned leave may be used in the following instances; when an employee is incapacitated due to a personal injury or illness or is receiving dental, medical or optical examination or treatment or when through exposure, his/her presence would jeopardize the health of fellow workers, students, or when it is necessary for an employee to care for a member of his immediate family (members of the employee’s household or legally responsible for) who is ill or injured.
An employee must notify the administrator of absence for unplanned reasons one hour before scheduled duty time. If notification is not made, such absence will be charged to leave without pay with written notification and it is considered absence without leave.
The amount of time charged to leave, when an employee misses a day of work, will equal that employee’s regular contracted hourly day, regardless of the actual length of that school day. (Ex. An employee calls in sick in the a.m. and then school is dismissed at 11:00 a.m. due to weather. A full day will be charged to the employee’s leave.)
Medical and dental appointments for routine work should be made at a time that would not affect the students or the welfare of the school operations. The administrator (such as for late arrival) may grant unplanned leave at other times deemed appropriate. Leave used in excess of earned paid leave shall be charged to leave without pay.
An employee may utilize leave up to 12 weeks for the delivery or adoption of a child. Leave without pay is granted by the School Board for time in excess of accrued paid leave.
Any employee who is a member of the National Guard, member of the armed forces reserve, subject to call in the federal service by the President of the United States, when ordered by proper authority to active non-civilian employment, shall be entitled to a leave of absence without loss of status or evaluation status.
If such a person has been in the continuous employment of the Enemy Swim Day School for 90 working days immediately preceding the leave of absence, the first fifteen days of such leave shall be with pay.
A maximum of three days leave without loss of pay and with no charge to paid leave for the death of an immediate family member (Grandparent, parent, spouse, son, daughter, brother, sister, mother-in-law, father-in-law, or grandchild).
Leave without pay or leave of absence is a temporary non-pay status from regular duties. Leave without pay (LWOP) is a short-term leave (that may not exceed two months) when the employee has exhausted all other leave. Leave without pay must be approved by the administrator. Leave of absence is a long-term leave without pay for up to one year. A leave of absence may be granted only if it is determined that the leave will be of mutual benefit and interest to the School and the employee. Leave of absence and leave without pay must be requested in writing to the administrator stating purpose, when it shall start, and when it shall end. The School Board must approve the request. Any employee on leave of absence status is not entitled to any benefits accrued during that period.
An Employee shall be considered absent without leave (AWOL) when s/he fails to report for work without prior approval of leave, does not give proper notification or does not have an acceptable excuse for absence. AWOL places an employee on non-pay status, but it is not considered a suspension. Such leave shall be cause for disciplinary action on an annual basis as follows: After two (2) occurrences of AWOL, a letter will be sent to the employee and a copy will be put in the employee’s personnel file. At the third (3rd) instance, the Superintendent will recommend appropriate action to the Board. Three (3) AWOL are grounds for termination.
GBRIH
GIFTED LEAVE
An employee may gift leave to a co-worker in the event the receiving employee has exhausted all of their paid leave. The gifted amount will be deducted from the donor’s leave balance. Donated amounts may not exceed the total amount the employee would normally accrue in a 12 month period. A leave donation form must be completed.
Selection:
1. Supervisors shall select substitute personnel as required from an approved list. If the substitute is needed in the teaching area, preference should be given to those approved persons who are certified to teach.
2. All substitutes are required by the Board to have an application form completed, a successful background check and approved by the School Board.
Substitute rates will be set yearly at the re-organizational meeting.
All twelve month employees may schedule a five day leave period. The Superintendent and the Business Manager are required to schedule five consecutive days of absence from their duty station.
Due to the numerous interruptions from telephone calls during the hours of the school day, there is a need to limit the amount of personal telephone calls employees are receiving. Telephone calls/messages will be forwarded to voice mail boxes (unless in an emergency). Cell phone usage should be limited to professional emergency use only, this includes texting.
Employees who prepare material concerning or relating to ESDS are required to submit materials to the school board for review and approval prior to publication.
Employees who desire to copyright or patent, and to market, material prepared totally or partially on school time, shall submit a copy of such material to the School Board for approval. The material shall be accompanied by the following information:
1. The names of persons who participated in preparation of the material;
2. The percentage of duty time spent by these persons during preparation;
3. A statement as to whether royalties would be waived in
any purchase of the material which might be made by the
The School Board may authorize the sale of copies of, or
reproduction rights to, instructional material prepared by the
Obligation to Students. In fulfilling their obligations to the students, educators shall:
1. Not without just cause restrain students from independent action in their pursuit of learning, and shall not without just cause deny to the students access to varying points of view.
2. Not deliberately suppress or distort subject matter for which they bear responsibility.
3. Make reasonable effort to maintain adequate discipline and order in the classroom and the school system to protect the students from conditions harmful to learning, health and safety.
4. Conduct professional business in such a way that they do not expose the students to unnecessary harassment, embarrassment or disparagement.
5. Not for reasons of race, color, creed, sex, national origin, marital status, political affiliation, or family, social or cultural background exclude any students from participation in or deny them benefits under any program, nor grant any discriminatory consideration or advantage.
6. Not use professional relationships with students for personal gain.
7. Keep in confidence information that has been obtained in the cause of professional service, unless disclosure serves professional purposes or is required by law.
8. Not tutor for remuneration students assigned to their classes unless no other qualified educator is reasonably available.
9. Maintain professional relationships with students in a manner, which is free of vindictiveness and recrimination.
Obligations to the Public. In fulfilling their obligations to the public, educators shall:
1. Not misrepresent an institution or organization with which they are affiliated, and shall take adequate precautions to distinguish between their personal views and institutional or organizational views.
2. Not knowingly distort or misrepresent the facts concerning educational matters in direct and indirect public expressions.
3. Not interfere with a colleague’s exercise of political and citizenship rights and responsibilities.
4. Not use institutional privileges for private gain or to promote political candidates or partisan political activities.
5. Accept no gratuities, gifts or favors that might impair or appear to impair professional judgment, nor offer any favor, service, or thing of value to obtain special advantage.
6. Engage in no act that results in a conviction.
7. Commit no act of moral turpitude or gross immorality.
8. Not misuse or abuse school equipment or property.
Obligations to the Profession. Fulfilling their obligations to the profession, educators shall:
1. Not interfere with the free participation of colleagues in the affairs of their associations.
2. Accord just and equitable treatment to all members of the profession in the exercise of their professional rights and responsibilities.
3. Not use coercive means or promise special treatment in order to influence professional decision of colleagues.
4. Maintain confidentiality of professional information acquired about colleagues in the course of employment, unless disclosure serves professional purpose.
5. Not misrepresent their professional qualifications.
6. Not knowingly distort evaluation of colleague.
7. Not disparage a colleague before others nor criticize a colleague before students.
8. Discuss professional matters concerning colleagues in a professional manner.
9. Use sound professional judgment in delegating professional responsibilities to others.
10. Not knowingly misrepresent their professional qualifications.
11. Cooperate with authorities and the commissions regarding violations of the codes of ethics of the South Dakota Professional Teachers Practices and Standards Commission and the Professional Administrators Practices and Standards Commission.
12. Perform duties in accordance with local, tribal, state, and federal rules and laws.
Obligations to Professional Employment Practice. Fulfilling their obligation to professional employment practices, educators shall:
1. Apply for, accept, offer, or assign a position or responsibility on the basis of professional preparation and legal qualifications.
2. Apply for a specific position only when it is known to be vacant, and shall refrain from underbidding or commenting adversely about other candidates.
3. Not knowingly withhold information regarding a position from an applicant or misrepresent an assignment or conditions of employment.
4. Give prompt notice to the employing agency of any change in availability of service; and the employing agency of any change in availability or nature of a position.
5. Adhere to the terms of a contract or appointment unless the contract has been legally terminated, legally voided or substantially altered, without prior consultation with the effected parties.
6. Conduct professional business through channels that have been developed and approved by the employing agency, when available.
7. Not delegate assigned professional responsibilities to unqualified personnel.
8. Permit no commercial exploitation of their professional position.