4000 Personnel Certified/Non-Certified

Personnel

Concepts and Roles in Personnel 4000

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All parts of the school system exist for one purpose - to facilitate the educational development of the students. A dynamic and efficient staff dedicated to education is necessary to constantly improve the education program for the students. To this end, the development of the personnel policies for certified and non-certified staff is an essential component of the educational program in this school district. The philosophy of the district and the community generally will be reflected in these policies.

Through the personnel policies, the Board of Education will establish a school environment that will attract and maintain the best-qualified people whose mission will be to provide the best possible learning opportunities for the students.

The long-range goals on which these policies will be based are:

1. To recruit, select, and employ the best qualified personnel to meet the needs of the district.

2. To provide staff compensation and benefit programs sufficient to attract and retain qualified employees.

3. To provide an in-service training program for all employees to improve their performance.

4. To conduct an employee evaluation program that will contribute to the continuous improvement of staff performance.

5. To assign personnel to ensure that they are used as effectively as possible.

6. To develop the quality human relationships necessary to obtain maximum staff performance and satisfaction.

Implementation of the adopted personnel policies should include channels of communication and procedures for handling of professional and ethical problems through which all persons or groups affected many express their suggestions, concerns and opinions.

Legal Reference:

Connecticut General Statutes

10-220 Duties of boards of education

Reviewed: June 12, 2017

Revised: March 11, 2013

Personnel

Certified Personnel

Staff Planning/Creation of Positions/Recruitment,

Screening, & Selection 4111

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The Board desires the Superintendent to develop and maintain a recruitment program designed to attract and hold the best possible personnel who are "effective teachers" as defined by federal law in the District's schools. All District teachers must meet applicable state certification and licensure requirements, including any requirements for certification obtained through alternate routes to certification.

The school district recognizes the heterogeneity of the people who live in the school district and believes that this characteristic should have an important bearing on all aspects of the school district's activities.

The Board believes it is especially important that this heterogeneity of population be recognized in the recruitment and assignment of personnel.

To this end, the Board shall develop and implement a written plan for minority staff recruitment. The administration is directed to make a serious effort to see that the recruitment procedures of the district produce a total staff representative of the total population of the district and that the assignment procedures of the district bring to each school staff members representative of the population represented by the student membership in each local school.

The schools shall engage in fair and sound personnel practices in the appointment of all district employees. The administration shall be responsible for establishing recruitment, selection and appointment procedures.

The Superintendent shall insure that the District is in compliance with the provisions of Title I and the Every Student Succeeds Act. Manuals and handbooks shall comply with federal law as to the qualifications for instructional personnel. Parents/guardians of students in Title I schools shall be informed annually, at the beginning of each school year, of their right to request information about whether their child's teacher has met state qualifications and licensing criteria for the grade levels and subject areas in which the teacher provides instruction; is teaching under emergency or other provisional status through which state qualifications or licensing criteria have been waived; and is teaching in the field of discipline of the certification of the teacher. The qualifications of services provided by paraprofessionals shall also be provided. Timely notices shall also be provided to parents/guardians that the student has been assigned, or has been taught in a Title I school for 4 or more consecutive weeks by a teacher who does not meet applicable state certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.

Hiring of Retired Teachers

A retired teacher receiving benefits from the Teachers Retirement System (TRS) may be reemployed by the Board for up to one full school year in a position (1) designated by the Commissioner of Education as a subject shortage area, or (2) at a school located in a priority school district for the school year in which the teacher is being employed. Such employment may be for up to one full school year. Such reemployment may be extended for an additional school year, provided the Board (a) submits a written request for approval to the Teachers' Retirement Board, (b) certifies that no qualified candidates are available prior to the reemployment of such teacher and (c) indicates the type of assignment to be performed, the anticipated date of rehire and the expected duration of the assignment.

The salary of such teacher shall be fixed at an amount at least equal to that paid other teachers in the District with similar training and experience for the same type of service.

Except as indicated below, and in the first paragraph in this section, a certified educator receiving retirement benefits from the Teachers Retirement System (TRS) may not be employed in a certified position receiving compensation paid out of public money appropriated for school purposes except that such educator may be employed in such a position and receive no more than forty-five percent of the maximum salary level for the assigned position. Any certified educator who receives in excess of such amount shall reimburse the Board for the amount of such excess.

Until to June 30, 2020, the exemption from the limitation on the compensation of a reemployed certified educator apply to an educator who (A) is receiving retirement benefits from TRS based on thirty-four or more years of credited service, (B) is reemployed in a district designated as an alliance district (pursuant to C.G.S. 10-262u), and (C) was serving in the district on July 1, 2015.

A certified educator receiving retirement benefits from the system may be employed and receive compensation, health insurance benefits, and other employment benefits provided to active teachers employed by such school system provided such teacher does not receive a retirement income during such employment. Payment of such teacher's retirement income shall resume on the first day of the month following the termination of such employment.

Legal Reference: Connecticut General Statutes

10-151 Employment of teachers. Notice and hearing on termination of contract. (as amended by P.A. 12-16 An Act Concerning Educational Reform)

10-153 Discrimination on account of marital status.

10-183v Reemployment of teachers, as amended by PA 10-111, An Act Concerning Education Reform in Connecticut and P.A. 16-91, An Act Making Changes to the Teacher's Retirement System. And P.A. 17-173 An Act Concerning Minor Revisions and Additions to the Education Statutes and PA 18-42 An Act Concerning a Provision Concerning Reemployment of Certain Teachers

10-220 Duties of Boards of Education. (as amended by PA 98-252)

31-126 Unfair Employment Practices

46a-60 Discriminatory employment practices prohibited.

Title IV Equal Employment Opportunities

20 U.S.C. Section 1119 N Child Left Behind Act

34 C.F.R. 200.55 Federal Regulations

P.L. 114-95 Every Student Succeeds Act, S.1177-55, 56

Policy Revised: October 22, 2018

October 30, 2017

October 17, 2016

February 9, 2004

August 23, 2010

Personnel
                                    
Certified Personnel

Equal Employment Opportunity and Affirmative Action    4111.1

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Equal Employment Opportunity:  The Vernon Board of Education (“Board”) affirms its commitment to equal employment opportunities for all applicants for positions within the school system and directs that recruitment, appointment and hiring comply with all state, federal and local laws pertaining to fair employment practices.  As an equal opportunity employer, the Board does not discriminate on the basis of race, color, religious creed, age, veterans’ status, genetic information, marital status, national origin, ancestry, sex, sexual orientation, gender identity or expression, pregnancy, physical disability, or any other category protected by state or federal law towards the employment of any individual who can perform the essential functions of the job with or without reasonable accommodations (except in the case of a bona fide occupational qualification or need.)  

Affirmative Action:  The Board commits itself to providing a staffing environment and  selection of instructional programs which expose students to a broad range of concepts and ideas.  The Board’s affirmative action guidelines shall be consistent with Board policy on Equal Employment Opportunity, encouraging the recruitment and employment of highly qualified people to reflect the diverse population of the community.

The Superintendent of Schools (“Superintendent”), or a staff member designated by the Superintendent as Affirmative Action Officer, is ultimately responsible for  ensuring the establishment, maintenance and implementation of employment practices that effectuate the intent of this policy and also to bring to the attention of the Superintendent and/or Board, as applicable, any issues which impede the Board’s efforts to comply with Affirmative Action laws.

The Superintendent/Affirmative Action Officer will annually report to the Board on the impact of the Affirmative Action Policy’s progress towards achievement of the goals of the policy.

Review and Evaluation:

All Board administrators and/or supervisors bear responsibility for compliance with this policy within their own school and/or department.  

The Affirmative Action program will be continually evaluated to ensure that reasonable diversity is maintained within the school system’s staff.

The Superintendent will ensure that diversity employment statistics will be made available for his/her review before May 1st of each year. In June of each year, the Superintendent will present a report to the Board, indicating the trends, needs, accomplishments, and any necessary revision recommendations in the approach to implementing the goals of this policy.

Grievance Procedures:

Applicants:  Any applicant who feels he/she have been subject to discrimination in the job selection process may contact the.  If the complaint cannot be remedied by the Administration or Board, the applicant should contact the Connecticut Commission on Human Rights and Opportunities.  

Current Employees:  Employees capable of performing the essential functions of the job with or without reasonable accommodations (except in the case of a bona fide occupational qualification or need), who feel they have been subject to discrimination because of race, color, religious creed, age, veterans’ status, genetic information, marital status, national origin, ancestry, sex, sexual orientation, gender identity or expression, pregnancy, physical disability, or any other disability status protected by state or federal law, in any personnel action, including but not limited to, classification, compensation, training, or employment, may initiate an affirmative action complaint under this policy.  The individual should bring the complaint in writing to the Superintendent or Affirmative Action Officer.

Legal Reference:
Connecticut Constitution
Constitution of the State of Connecticut, Article I, Section 20

Connecticut General Statutes
4a-60    Nondiscrimination and affirmative action provisions in awarding agency, municipal public works and quasi-public agency project contracts.   
4a-60a    Provisions re nondiscrimination on the basis of sexual orientation required in awarding agency, municipal public works and quasi-public agency project contracts.  
10-153    Discrimination on the basis of sex, gender identity or expression or marital status prohibited.
46a-60    Discriminatory employment practices prohibited.
46a-81a-r Sexual orientation discrimination.

Federal
Title II of the Genetic Information Nondiscrimination Act of 2008
Title VII, Civil Rights Act 42 U.S.C. 2000e, et seq.
Executive Pay Act of 1963, 29 U.S.C. 206 (d)
The Vietnam Era Veteran’s Readjustment Assistance Act of 1974, as amended, 38 U.S.C. #§4212
Meritor Savings Bank FSB v. Vinson, 477 U.S. 57 (1986)

Revised:         January 24, 2022
                July 24, 2017
May 14, 2012
September 12, 2011
January 24, 2011
 

Personnel

Certified Personnel

Selection, Appointment, Hiring of Staff    4112

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The Board shall establish policies governing the employment and dismissal of certified personnel below the rank of superintendent and delegate to the Superintendent employment of all substitute personnel. 

The Superintendent shall ensure that all certified personnel employed meet state certification requirements for the position, including fingerprinting and other criminal record checks.

The Board shall authorize the Superintendent to place appointed employees on the salary schedule within the guidelines of any existing provisions in negotiated agreements.  The Superintendent may award credit for years of previous professional experience at his/her discretion.

Hiring of Teachers

The Superintendent of Schools is authorized to hire teachers, including substitute teachers, for positions authorized by the Board of Education and shall report such hires to the board.

Hiring of Administrators
 
The Board of Education hires administrators.  For purposes of this policy, administrators shall include the assistant superintendent, principals, and other administrators. The Superintendent shall create a hiring process, in conjunction with the Board to select the most qualified candidate(s).

The Superintendent, based on the recommendations of the screening committee, shall subsequently make recommendations of candidates to the Board which shall act as a committee of the whole in accepting or rejecting the recommendations of the Superintendent.

If the recommendations from the Superintendent are rejected by the majority of the Board members voting, the Board, through its Chair, may request further consultation with the Superintendent concerning the acceptability of any of the other candidates recommended for consideration by the screening committee.

If the superintendent does not wish to make a recommendation from the other candidates recommended for consideration by the screening committee, then the process of a search for other candidates shall be re-initiated through a newly constituted committee.

Legal Reference:
Connecticut General Statutes
10-144o through 10-145f re teacher certification.
10-151 Employment of teachers. Definitions. Notice and hearing on failure to renew or termination of contract. Appeal.
10-153 Discrimination on account of marital status.
10-155f Residency requirement prohibited.
46a-60 Discriminatory employment practices prohibited.

Reviewed:     January, 24, 2022
Revised:         June 26, 2017
            March 13, 2013
            December 10, 2001 

Personnel                                         4112.4

Certified/Non-certified
Health Examinations 

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The Board, in conjunction with the Superintendent or designee, shall develop a list of employment categories for which various health and physical examinations will be required. Information from these exams may be required of applicants for positions with the school system or from those already employed. The costs associated with some examinations may be fully or partially absorbed by the Board.  Information about the examinations required and cost reimbursements which might be available should be obtained from the Superintendent’s office. 

The following is a general statement concerning physical examinations and is intended only to indicate the type of information medical examination reports may be expected to contain. 

Physical Examinations: 

Potential Employees: Each potential employee, must submit a report from a physical examination which shall include, but not be limited to, information on the following: 
1. Tuberculosis (TB) skin test, which if positive is to be followed by a chest X-ray. 
2. Drug tests. 
3. The presence of communicable diseases. 

The applicant may submit such a report from a physical examination held within 6 months prior to assuming his/her duties. If such a report is not available, the potential employee shall have a physical examination by a physician of choice at least thirty (30) days prior to beginning work in the district. The results of such examination shall be recorded by the examining physician on the form provided by the school and shall be retained in the employee's medical file. 

Current Employees: As necessary, the Superintendent may require a medical examination of any employee to evaluate the employee's ability to perform assigned duties. This may be required whenever the Superintendent has grounds to believe that the performance of the employee is adversely affected by health issues of any kind. Such additional medical examinations will be performed by a physician selected by the Superintendent, and the Board of Education will bear the costs of these examinations. 

Reviewed:      January 24, 2022
Revised:     March 12, 2018
March 11, 2013
February 20, 2018
 

Personnel

Certified Personnel
Security Check/Fingerprinting           4112.5
                                                                4212.5

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Applicants for employment in the Vernon Public Schools shall make disclosures containing (1) current and past employers’ contact information; (2) authorization allowing contact with such employees; and (3) statements about any past misconduct, discipline, or licensure penalties as a result of sexual misconduct or abuse allegations. Each applicant shall be asked whether they have ever been convicted of a crime and whether there are any criminal charges pending against them at the time of application.  

In order to create a safe and orderly environment for students, all offers of employment will be conditional upon the successful outcome of a criminal record check. Each person who is hired by the Vernon Board of Education for either a certified or non-certified position shall be required to submit to State and National Criminal Records Checks and Connecticut Department of Children and Families (DCF) Child Abuse and Neglect Registry Checks within the first 30 days of the date of employment.  In order to process such record and registry checks, the following procedure will be followed:

No later than ten calendar days after the Superintendent or designee has notified a job applicant of a decision to hire the applicant, or as soon thereafter as practicable, the Superintendent or designee will supply the applicant with a packet containing all documents and materials necessary for the applicant to be fingerprinted by a Regional Educational Service Center.  This packet shall also contain all documents and materials necessary for the Regional Educational Service Center to submit the completed fingerprints to the State Police Bureau of Identification for the processing of state and national criminal record checks.

No later than ten calendar days after the Superintendent or designee has provided the successful job applicant with the fingerprinting packet, the applicant must arrange to be fingerprinted.  Failure of the applicant to have their fingerprints taken within such ten-day period, without good cause, will be grounds for the withdrawal of the offer of employment.

Any person for whom criminal records checks are required to be performed pursuant to this policy must pay all fees and costs associated with the fingerprinting process and/or the submission or processing of the requests for criminal record checks.

Upon receipt of a criminal record check or a child abuse and neglect registry check indicating a previously undisclosed conviction, the Superintendent or designee will notify the affected applicant/employee in writing of the results of the record check and will provide an opportunity for the affected applicant/ employee to respond to the results of the criminal record check.

Decisions regarding the effect of a conviction upon an applicant/employee, whether disclosed or undisclosed by the applicant/employee, will be made on a case-by-case basis.  Notwithstanding the foregoing, the falsification or omission of any information on a job application or in a job interview, including, but not limited to information concerning criminal convictions or pending criminal charges, shall be grounds for disqualification from consideration for employment or discharge from employment.  

6. Adult education teachers and substitute teachers, if they are continuously employed by the district, do not have to be fingerprinted again after fulfilling the initial requirement.

7.   School nurses and nurse practitioners appointed by the Board or under contract         with the Board shall also submit to a criminal history check pursuant to C.G.S.         29-17a.

8. Student teachers placed in District schools as part of completing preparation requirements for the issuance of an educator certificate shall also submit to a criminal history check.  The criminal history check shall be done prior to being placed in a school for clinical experiences such as field experiences, student teaching or internship.  Candidates are required to be fingerprinted at one of the RESCs and not through local police stations or the school district.  The District is required to notify the State Board of Education if notice is received that a student teacher has been convicted of a crime.

9.  Each applicant for a certified or non-certified position must submit to a records check of the Department of Children and Families (DCF) Child Abuse and Neglect Registry established pursuant to C.G.S.17a-101k before the applicant may be hired.  The Superintendent or designee shall request the required records check of DCF in accordance with the procedures established by DCF.

Legal Reference:    
Connecticut General Statutes
10-221d Criminal history records checks of school personnel. Fingerprinting. Termination or dismissed. (as amended by PA 01-173, PA 04-181, and June 19 Special Session, Public Act No. 09-1, PA 11-93 and PA 16-67)
29-17a Criminal history checks. Procedure. Fees
17a-101k Registry of findings of abuse or neglect of children maintained by Commissioner of Children and Families.  Notice of finding of abuse or neglect of child.  Appeal of finding.  Hearing procedure.  Appeal after hearing.  Confidentiality.  Regulations.

PA 16-67 An Act Concerning the Disclosure of Certain Education Personnel Records
Criminal Justice Information Services (CJIS) Security Policy, Version 5.4, U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Division, October 6, 2015

Revised:         January 24, 2022
Revised:    March 12, 2018
May 14, 2012
September 12, 2011
Adopted:    April 26, 2010
 

Personnel

Certified Personnel

Reference Checks
    4112.51/4212.51

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Employment/Reference Checks
The Board of Education (Board) believes that it is critical that references on an application be checked prior to an offer of employment. Also, in order to create a safe and orderly environment for students, all offers of employment will be conditional upon the successful outcome of a criminal record check. In addition, any person applying for employment with the Board shall submit to a record check of the Department of Children and Families Child Abuse and Neglect Registry before the person may be hired.

Requirements for Applicants
The Board shall not offer employment to an applicant for a position, including any position which is contracted for, if such applicant would have direct student contact, prior to the Board requiring of such applicant to provide:
1.  Contact information for current and former employers if they were education employers or the employment otherwise involved contact with children. The contact information must include the name, address and telephone number of each current or former employer.
2.  Written authorization that consents to and authorizes such former employers to disclose information and related records about him or her that is requested on the State Department of Education (SDE) designated standardized form that interviewing employers send. The authorization also must consent to and authorize SDE to disclose information and related records to the District upon request and release such former employees and the SDE from any liability that may arise as a result of such disclosure or release.
3.  To provide a written statement of whether they:
 a. are the subject of an abuse or neglect or sexual misconduct investigation by any employer, state agency or municipal police department, unless the investigation resulted in a finding that all allegations were unsubstantiated;
b. are disciplined or asked to resign from employment or resigned from or otherwise separated from any employment while an allegation of abuse or neglect was pending or under investigation by the Department of Children and Families (DCF), or an allegation of sexual misconduct was pending or under investigation or due to an allegation substantiated by DCF of abuse or neglect, or of sexual misconduct or a conviction for abuse or neglect or sexual misconduct; or
c. they had a professional or occupational license or certificate suspended or revoked or has ever surrendered one while an allegation of abuse or neglect was pending or under investigation by DCF, or an investigation of sexual misconduct was pending or under investigation, or because an allegation substantiated by DCF of abuse or neglect or of sexual misconduct or a conviction for abuse or neglect or sexual misconduct.

Reference Check Procedures
The District shall conduct a review of the applicant's employment history by contacting those employers listed in the required information provided by the applicant. Such review shall be conducted using the SDE form that requests:
1.  the dates of employment of the applicant;
2.  a statement as to whether the employer has knowledge that the applicant was the subject of an allegation of abuse or neglect or sexual misconduct for which there is an investigation pending with any employer, state agency or municipal police department or which has been substantiated; was disciplined or asked to resign from employment or resigned from or otherwise separated from any employment while an allegation of abuse or neglect or sexual misconduct was pending or under investigation, or due to a substantiation of abuse or neglect or sexual misconduct; or has ever had a professional or occupational license, certificate, authorization or permit suspended or revoked or has ever surrendered such a license, certificate, authorization or permit while an allegation of abuse or neglect or sexual misconduct was pending or under investigation, or due to a substantiation of abuse or neglect or sexual misconduct.

Such review may be conducted by telephone or through written communication, not later than five business days after any such current or former employer of the applicant receives a request for such information, and responds with such information. The Board may request more information concerning any response made by a current or former employer. Such employer shall respond not later than five business days after receiving such request; and
The District shall also request information from SDE concerning:
1.  the eligibility status for employment of any applicant for a position requiring a certificate, authorization or permit;
2.  whether SDE has knowledge that a finding has been substantiated by the Department of Children and Families of abuse or neglect or of sexual misconduct against the applicant and any information concerning such a finding;
3.  whether SDE has received notification that the applicant has been convicted of a crime or of criminal charges pending against the applicant and any information concerning such charges.
The Board shall notify SDE if it receives information that an applicant for a position with the District or a current employee has been disciplined for a finding of abuse or neglect or sexual misconduct.
The Board will not employ an applicant for a position involving direct student contact who does not comply with the provisions of this policy.

Temporary Hires
The Board may employ or contract with an applicant on a temporary basis for a period not to exceed ninety days, pending the Board's review of the required and submitted applicant information provided:
1.  The applicant has submitted to the District the three required disclosures;
2.  The Board, has no knowledge of information pertaining to the applicant that would disqualify them from employment; and
3.  The applicant affirms that they are not disqualified from employment with the Board.

Employment Agreements
The Board shall not enter into any collective bargaining agreement, employment contract, resignation or termination agreement, severance agreement or any other contract or agreement or take any action that:
1.  Has the effect of suppressing information relating to an investigation of a report of suspected abuse or neglect or sexual misconduct by a current or former employee;
2.  Affects the ability of the local or regional Board of Education, council or operator to report suspected abuse or neglect or sexual misconduct to appropriate authorities; or
3.  Requires the Board, to expunge information about an allegation or a finding of suspected abuse or neglect or sexual misconduct from any documents maintained by the Board, unless after investigation such allegation is dismissed or found to be false.

Substitute Teachers
The Board shall only hire applicants for substitute teaching positions who comply with this policy and who fulfill the disclosure requirements and after requesting information from the applicant's prior employers and SDE. The Board shall determine which such persons are employable as substitute teachers and maintain a list of such persons. The Board shall hire only substitutes who are on such list.

Approved substitutes shall remain on such a list as long as they are continuously employed by the Board as a substitute teacher, provided the Board does not have any knowledge of a reason that such person should be removed from the list.

Student Teachers
Student teachers must give a written statement about whether they have ever been convicted of a crime or have criminal charges pending against them when they apply to work in the district, along with the charge and court where they are pending.  They must also submit to a DCF Child Abuse and Registry Check before beginning their student teaching experience and submit to State and National Criminal History Checks within 60 days before the start of student teaching.

Adult Education Teachers
Persons employed by the Board as a teacher for a non-credit adult class or adult education activity, as defined in C.G.S. 10-67, who is not required to hold a teaching certificate for their position, shall be required to undergo State and National Criminal History Records Checks.

Contractors and Their Employees
In the case of an applicant who is a contractor, the contractor shall require any employee with such contractor who would be in a position involving direct student contact to supply to the contractor all information required of any applicant for a position in the district as previously described in this policy. The contractor shall contact any current or former employer of such employee that was a Board of Education, council or operator or if such employment caused the employee to have contact with children, and request, either by telephone or through written communication, any information concerning whether there was a finding of abuse or neglect or sexual misconduct against such employee.

Such employer shall report to the contractor any such finding, either by telephone or through written communication. If the contractor receives any information indicating such a finding or otherwise has knowledge of such a finding, the contractor shall, immediately forward such information to the Board of Education with which the contractor is under contract, either by telephone or through written communication.

Any Board of Education that receives such information shall determine whether such employee may work in a position involving direct student contact at any school under the Board's jurisdiction. No determination by a Board of Education that any such employee shall not work under any such contract in any such position shall constitute a breach of such contract.

Falsification of Records/Information
Any applicant who knowingly provides false information or knowingly fails to disclose information required by this policy in compliance with applicable statutes shall be subject to discipline by the Board. Such discipline may include denial of employment, or termination of the contract of a certified employee.

It is understood that any employer and SDE who provide information to the Board and in accordance with this policy shall be immune from criminal and civil liability, provided the employer or SDE did not knowingly supply false information.

Communication
The District, as required, shall communicate with other education employers and also between an education employer and SDE, about findings of abuse or sexual misconduct by applicants or employees. The Board will notify SDE when it receives information that applicants or employees have been disciplined for a finding of abuse or sexual misconduct. In addition, the Board will provide, upon request, to any other education employer or to the Commissioner of Education, information it may have about a finding of abuse or sexual misconduct for someone being vetted for hire as a direct employee of an education employer or a contractor's employee.

The Board, in compliance with federal law, shall not disseminate the results of any National Criminal History Records checks, except as required to the State Board of Education.

Definitions
"Sexual misconduct" means any verbal, nonverbal, written or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialog, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature and any other sexual, indecent or erotic contact with a student;

"Abuse of a child or youth" is defined as (a) inflicting physical injury or non-accidental injuries; (b) inflicting injuries that do not match the story associated with their origin; or (c) maltreatment, including malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment, or cruel punishment; and

"Neglect of a child or youth" is defined as (a) abandonment; (b) denial of proper care and attention physically, educationally, emotionally, or morally; or (c) allowing the child to live under conditions, circumstances, or associations injurious to the child's well-being.

"Abuse and neglect" also includes sexual assault as defined in the statutes. (C.G.S. 46b-120, and includes any violation of Section 53a-70,53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a).

Offer of Employment
Prior to offering employment to an applicant, the Board shall make a documented good faith effort to contact each current and any former employer that was a Board of Education, council or operator or if such employment otherwise caused the applicant to have contact with children of the applicant in order to obtain information and recommendations which may be relevant to the applicant's fitness for employment, provided such effort shall not be construed to require more than three telephone requests made on three separate days.

The Board shall not offer employment to any applicant who had any previous employment contract terminated by a Board, council or operator or who resigned from such employment, if such person has been convicted of abuse or neglect or sexual misconduct.

Sex Offender Registry Checks
The Board requires school district personnel to cross-reference the Connecticut Department of Public Safety’s Sexual Offender Registry prior to hiring any new employee.  Registration as a sexual offender constitutes grounds for denial of employment opportunities.

Pursuant to the federal Every Student Succeeds Act (ESSA), the Board prohibits the Board, individual Board members, and any individual or entity who is a District employee, contractor or agent of the District from assisting a District employee, contractor, or agent in obtaining a new job/position if the Board, individual, or entity knows, or has probably cause to believe, that such District employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law. Routine transmission of an administrative file does not violate this prohibition.

This prohibition does not apply under certain conditions specified by ESSA such as:
1.  The matter has been reported to law enforcement authorities and it has been officially closed or the school officials have been notified by the prosecutor or police after an investigation that there is insufficient information to establish probable cause, or;
2.  The individual has been acquitted or otherwise cleared of the alleged misconduct, or;
3.  The case remains open without charges for more than four (4) years after the information was reported to a law enforcement agency.

This policy shall not apply to a student employed by the Board.

(cf. 4112.5 - Security Check/Fingerprinting)
(cf. 4121 - Substitute Teachers)

Legal References:  Connecticut General Statutes
1-200 through 1-241 of the Freedom of Information Act.
5-193 through 5-269 -State Personnel Act
10-151c Records of teacher performance and evaluation not public records.
10-221d Criminal history records checks of school personnel. Fingerprinting. Termination or dismissal. (as amended by PA 16-67)
10-222c Hiring policy. (as amended by PA 16-67)
Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General Education Provisions Act, as amended, added by section 513 of P.L. 93 568, codified at 20 U.S.C. 1232g)
Dept. of Educ. 34 C.F.R. Part 99 (May 9, 1980 45 FR 30802) regs. implementing FERPA enacted as part of 438 of General Educ. provisions act (20 U.S.C. 1232g) parent and student privacy and other rights with respect to educational records, as amended 11/21/96
Elementary and Secondary Education Act, reauthorized as the Every Student Succeeds Act (ESSA), P.L. 114-95 codified as U.S.C. §1001 et seq.
20 U.S.C. 7926 Prohibition on aiding and abetting sexual abuse
P.A. 17-220 An Act Concerning Mandate Relief
PA 16-67 An Act Concerning the Disclosure of Certain Educational Personnel Records

Policy Revised:        January 24, 2022
Policy Revised:    March 12, 2018
Policy Adopted:    November 14, 2016

Personnel

Certified Personnel

Personnel Records            4112.6
                                              4212.6

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Personnel records shall be maintained securely and confidentially in the central office for all current employees and shall include information customarily kept in personnel files.  Files also shall be maintained for past employees, including years of employment, salaries, and such other basic and essential information as the Superintendent of Schools shall require.

There shall be only one personnel file for each employee, and principals shall not maintain employee files separate from the official employee file in the central office.  Files containing medical information regarding an employee will be kept separate from other personnel files.

Access to Files

Each employee’s own file shall be available for their inspection at reasonable times and, upon request, employees will be provided a copy of information contained in his/her file.

Requests for access to personnel files, except from an employee to see their own file, shall be referred to the Superintendent who shall determine whether disclosure of such records would legally constitute invasion of employee privacy.  If the Superintendent believes disclosure is not an invasion of privacy, requested information shall be disclosed, but professional courtesy suggests the employee shall be notified of such disclosure.

If the Superintendent determines disclosure would invade employee privacy, the employee and collective bargaining representative, if any, shall be notified in writing of the request.  If the Superintendent does not receive a written objection from the employee or bargaining representative within seven business days from receipt of that notification, or if there is no evidence of receipt of a written objection, not later than nine business days from the date the notice was mailed, e-mailed, sent, posted or otherwise given, requested records shall be disclosed.  However, if an objection is received in a timely manner on the form prescribed, the Superintendent shall not disclose requested information unless directed to do so by the Freedom of Information Commission.  Notwithstanding an objection filed by an employee’s bargaining representative, the employee may subsequently approve disclosure of records by filing a written notice with the Superintendent.

Employee or bargaining representative objections to disclosure of records shall be made in writing on a form developed by the Superintendent including a signed statement by the employee or bargaining representative, under penalties of false statement, that to the best of the respondent’s knowledge, information, and belief, there is good grounds to support the objection and that the objection is not interposed for the delay.

Records maintained or kept on file by the Board which are records of a teacher’s personal misconduct shall be deemed to be public records, and subject to disclosure under the Freedom of Information Act.  Disclosure of such records of a teacher’s personal misconduct shall not require the consent of the teacher.

Notwithstanding earlier provisions of this policy, personnel evaluations of certified employees, except the Superintendent, are not public records subject to disclosure – unless the employee consents in writing to the release of such records.

In accordance with federal law, (ESSA), the District shall notify parents at the beginning of each school year of their right to request information regarding the professional qualifications and degrees of teachers and the qualifications of paraprofessionals for any teacher or paraprofessional who is employed by a school receiving Title I funds and who provides instruction to their child at that school.  The District will provide such information on request in a timely manner. The District shall also provide notification to the parent/guardian of a child who has been assigned or has been taught for four or more consecutive weeks by a teacher not meeting applicable state certification at the grade level and subject area in which the teacher has been assigned.

Required File Data

All certified personnel files in the Vernon Public Schools shall contain the following:

A written application
All transcripts of college level work
A copy of all state certifications
Annual evaluations

All other personnel files shall contain items 1 and 4 above.

Legal Reference:
Connecticut General Statutes
1-206  Denial of access to public records or meetings
1-213  Agency administration.  Disclosure of personnel, birth and tax records.
1-214  Objection to disclosure of personnel or medical files (as amended by PA 18-93)
1-215  Record of arrest as public record.
10-151a  Access of teacher to supervisory records and reports in personnel file.  (as amended by PA
      02-138)
10-151c  Records of teacher performance and evaluation not public records.  (as amended by PA
      02-138 and PA13-122)
The Americans with Disabilities Act
Section 1112(c)(6) The Every Student Succeeds Act (ESSA)
Section 1112(e)(1)(B) The Every Student Succeeds Act (ESSA)
Perkins v. Freedom of Information Commission, 228 Conn. 158 (1993)

Revised:          January 24, 2022
Revised:    March 12, 2018
        March 11, 2013
 

Personnel                                         
4112.61/4212.61
Certified/Non-certified
Use and Disclosure of Employee Medical Information (HIPAA)

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Other than health information contained in employment records held by the District in its role as employer, all information in the District’s possession which is related to employee past, present and future health conditions and that identifies the individual employee or could reasonably be utilized to identify the employee, will be protected under the terms of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
To the extent the District possesses personally identifiable health information regarding employees, aside from health information contained in employment records held by the District in its role as employer, the Superintendent or designee shall act as the Privacy Officer to oversee the administration of privacy of such records. The Superintendent or designee shall provide all employees with the following information regarding such records:
1.  The use and disclosure of personally identifiable health information;
2.  Each employee’s rights to privacy with respect to their personally identifiable 
     health information;
3.  Duties under HIPAA with respect to employee’s personally identifiable health  
     information;
4.  Each employee’s rights to file a complaint with the District, Health Benefit Plan, 
     and/or the Secretary of the United States Department of Health and Human 
     Services; and
5.  The person or office that an employee can contact for further information about 
      privacy practices.
In addition, the District shall notify the administrator of each of the District’s health benefit plans of the requirement under HIPAA that it takes reasonable steps to maintain the privacy of each employee’s personally identifiable health information and to inform each employee about the information set forth above in items 1 through 5. Further, the District shall notify the administrator of the health benefit plan of the requirement under HIPAA that it provides reasonable notice to all employees of whom the benefit plan designates as the Privacy Officer to oversee the administration of privacy of the benefit plan and to receive complaints.

(cf. 4112.6/4212.6 - Personnel Records)
Legal Reference:  
42 U.S.C. 1320d-1320d-8, P.L. 104-191, Health Insurance Portability and Accountability Act of 1996 (HIPAA)
65 Fed. Reg. 50312-50372
65 Fed. Reg. 92462-82829
63 Fed. Reg. 43242-43280
67 Fed. Reg. 53182-53273

Revised:       January 24, 2022
Adopted:      March 26, 2018
 

Personnel

Certified Personnel

Nepotism: Employment of Relatives    4112.8
                                                                    4212.8

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It is the policy of the Board of Education that individuals shall not be appointed to any full-time, part-time or temporary position which would create a supervisor/employee relationship within any one department between two individuals who are related by blood, marriage, or law.

As used in this policy, the word “marriage” includes a same-sex marriage that is legally recognized in Connecticut.  

As used in this policy, the word “Department” shall mean and include those levels of organization under the Superintendent’s office into which the various structural areas of operation of the school district are divided.

In the event of marriage or civil union between employees of the District, creating a relationship which violates this policy, one of the persons affected must transfer to a location compatible with policy provisions, or in cases of refusal to transfer, be terminated from that location by the end of the school/fiscal year or within six months from the date the relationship was established, whichever is the greater period.

The degrees of relationship included in the above restrictions are as follows:

By Blood:        Parent, child, grandparent, grandchild, brother, sister, uncle,         aunt, nephew, niece, first cousin.
By Marriage:      Husband, wife, stepparent, stepchild, father-in-law,             mother-in-law, sister-in-law, brother-in-law, daughter-in-law,         son-in-law, half-sister, half-brother, uncle, aunt, nephew,         niece.
By Law:        Guardianship relationships, adoptive parent/child             relationships, partner in a civil union.

In the appointment and selection of new employees, the District shall adhere to this policy.  All current supervisor/employee relationships established prior to the adoption of this policy will not be affected by this policy so long as they remain in present assignments.

(cf. 9270 – Conflict of Interest)

Legal Reference:    Connecticut General Statutes
7-479 Conflicts of Interest
46b-38nn Equality of benefits, protections and responsibilities (civil unions)
46b-38oo applicability of statutes to civil unions and parties to a civil union.
10-153a et seq. Teacher Negotiation Act
            7-467 et seq. Municipal Employees Relations Act

Revised:    January 24, 2022
Revised:    June 26, 2017
        September 23, 2013
 

Personnel - Certified

Minimum Duty-Free Lunch Periods for Teachers 4113.12

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The Board of Education, in compliance with P.A. 22-80, shall provide a minimum 30-minute uninterrupted lunch period for teachers and other certified staff.

 

 

Legal Reference:

Connecticut General Statutes

P.A. 22-80  An Act Concerning Childhood Mental and Physical Health Services in School

 

 

 

Policy Adopted:     November 14, 2022

Personnel

Non-Certified Personnel

Assignment and Transfer    4214/4114

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The assignment and transfer of all staff personnel shall be the responsibility of the Superintendent of Schools or designee consistent with any existing provisions in negotiated agreements.

Revised:    May 23, 2022
Revised:    September 23, 2013

Personnel

Certified Personnel

Supervision and Evaluation    4115

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Teaching is the most important element in a sound educational program; therefore, effective teacher and administrator supervision is a primary leadership responsibility. A component of supervision is cooperative and continuing teacher evaluations which serves to:

improve the quality of instruction and educational services to children;
elevate standards of the teaching profession;
help each teacher grow professionally;
assist with administrative decisions on teacher retention/dismissal.

The Superintendent shall evaluate or cause to be evaluated all certified employees according to the Teachers Evaluation and Professional Development Plan. All evaluations shall be written and performed annually. Teachers and administrators share responsibility for developing effective evaluation procedures and instruments and for establishing and maintaining professional standards and constructive attitudes toward staff evaluation.

https://www.vernonpublicschools.org/departments/vps-evaluations

Legal Reference:

Connecticut General Statutes
10-15 la Access of teacher to supervisory records and reports in personnel file.
10-151 b Evaluation by superintendent of certain educational personnel.
10-15 lc Records of teacher performance and evaluation not public records.
10-111, P.A. 12-116, PA 12-2 (June Special Session), PA 13-245, PA 15-5 (June Special Session)
10-151c Records of teacher performance and evaluation not public records.
10-220a(b) In-service training. Professional development. Institutes for educators. Cooperative and beginning teacher programs, regulations.
PA 11-135 An Act Concerning Implementation Dates for Secondary School Reform.
PA 12-116 An Act Concerning Education Reform (as amended by PA 13-145 An Act Concerning Revisions to the Reform Act of 2012.)
Connecticut Guidelines for Educator Evaluation, adopted by the State Board of Education, June 27, 2012.
Connecticut's System for Educator Evaluation and Development (SEED) state model evaluation system.
"Flexibility to Guidelines for Educator Evaluation" adopted by Connecticut State Board of Education, February 6, 2014
34 C.F.R. 200.55 Federal Regulations.
PL 114-95 Every Student Succeeds Act, §9213

Revised:    January 24, 2022
Revised:    March 12, 2018
        August 23, 2010
 

 

Personnel

Certified Personnel

Job Descriptions
4117
4217

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All employees of the school system are subject to the policies of the Board of Education, applicable laws, and current employee agreements.

The Superintendent of schools shall develop job descriptions for school district employees. Job descriptions for all employees shall be provided to employees by the Superintendent and copies maintained in the Central Office.  

Revised:    April 25, 2022
        July 24, 2017
        September 23, 2013
 

Personnel
Certified Personnel

Reduction in Force (RIF)
4117.3
4217.3

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The Board of Education may reduce the number of personnel employed because of reduced enrollment within the district, lack of funds, elimination or reduction of a special program, school closing, or for other reasons.

When a reduction in force (RIF) plan is not included in negotiated agreements with personnel, this policy for selecting employees to be released, with consideration of seniority, needs of the schools and quality/effectiveness of the individuals, will govern reductions in force.

Prior to terminating teacher contracts because of the need to reduce staff, the Board of Education will abide by procedures currently existing in employee organization agreements, or otherwise will give due consideration to its ability to reduce staff by:

Voluntary retirements.
Voluntary resignation.
Transfer of existing staff members.
Voluntary leaves of absence.

The following criteria, if reduction in force is not covered in employee agreements, will be used to select employees within job classifications and/or bargaining units to be released.

Qualifications and ability as determined by an objective evaluation of the employee's performance.
Seniority.

Recall, Re-employment Procedures:  Unless otherwise required by negotiated agreement, if the contract of employment of an employee is terminated without prejudice because of elimination of a position, the name of that employee shall be placed on a recall list and remain on such list for a period of one year.  If a position within the employee's job classification or bargaining unit opens during such period, and the employee has been selected by the Superintendent as the person who is best qualified for that position, the employee shall be recalled.  An employee must accept or reject the appointment in writing within seven (7) days after receipt of such notification, and if the employee rejects the appointment offer or does not respond according to this procedure within seven (7) days after receipt of the notification, their will be removed from the recall list.

Legal Reference:  Connecticut General Statutes
        10-151 Employment of teachers.  Notice and hearing on termination of contract.

Revised:    April 25, 2022
        July 24, 2017
        September 23, 2013
 

Personnel
Certified Personnel (Non-Tenured)

Non-renewal
4117.4

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Prior to obtaining tenure, a certified employee's contract may be non-renewed provided that the employee is notified in writing prior to May 1st by the Superintendent.  A teacher so notified may request not later than three calendar days after such teacher receives such notice of non-renewal, a written statement of the reasons for non-renewal of the contract, and the district will furnish such a statement not later than four (4) calendar days of the receipt of the request.  The teacher may also file with the Board of Education not later than (10) calendar days of receipt of the notice of non-renewal for a hearing before the Board or, if indicated in such request designated by the Board, before a single impartial hearing officer chosen by the teacher and the Superintendent.  The hearing shall commence not later than fifteen calendar days after receipt of such request unless an extension, not to exceed fifteen calendar days, is mutually agreed upon.

A teacher who has not attained tenure shall not be entitled to a hearing concerning non-renewal if the reason for such non-renewal is either elimination of position or loss of position to another teacher.  The Board shall rescind a non-renewal decision only if the Board finds such decision to be arbitrary and capricious.

Suspension

A certified employee may be suspended by the Board of Education for an alleged or actual violation of any of the reasons for termination in C.G.S. 10-151(c) or 10-151(d) when insufficient cause for dismissal is considered to exist, or may be suspended pending Board or legal action for dismissal of the employee on charges of violation of one or more of said causes for termination. The Superintendent may suspend an employee pending Board action when, in the opinion of the Superintendent, continuation of the employee in the position presents a clear danger to the students, staff, property or reputation of the district, or to the employee.

Legal Reference:     

Connecticut General Statutes         
           10-151(b) Employment of teachers. Definitions. Tenure, etc. (as amended by P.A. 12-116, An Act Concerning Educational Reform)            
        10-151(c) Employment of teachers. (as amended by P.A. 11-136, An Act Concerning Minor Revisions to the Education Statutes.)
    PA 95-98 An Act Concerning Teacher Evaluations, Tenure and Dismissal.
            PA 97-247 AN Act Concerning Revisions to Education Statutes Connecticut Guidelines for Educator Evaluation adopted by the State Board of Education, June 27, 2012.
    Connecticut’s System for Educator Evaluation and Development (SEED)
    Shanbrom v. Orange Board of Education, 2 Conn. L. Rpts. 396, 398 (1990)

Reviewed:    April 25, 2022
Revised:    July 24, 2017
        September 23, 2013
 

Personnel
Certified Personnel
Just Cause    4117.41
4217.41

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One or more of the following causes may be grounds for suspension, demotion or dismissal of any certified employee:

1.    Incompetence or inefficiency in the performance of assigned duties. 
2.    Insubordination, including but not limited to, refusal to do assigned work.
3.    Carelessness or negligence in the performance of duty or in the care or use of district property.
4.    Discourteous, offensive or abusive language or conduct toward other employees, students or the public.
5.    Dishonesty.
6.    Drinking alcoholic beverages on the job, or reporting for work while intoxicated.
7.    Use or possession of harmful drugs on school grounds without medical supervision.
8.    Personal conduct unbecoming an employee of the district.
9.    Engaging in political activity during assigned hours of employment or otherwise in violation of applicable policies or regulations of the district. 
10.    Conviction of any crime involving moral turpitude, including a sex offense.
11.    Repeated or unexcused absence or tardiness.
12.    Abuse of leave privileges. 
13.    Falsifying any information supplied to the school district, including but not limited to information on application forms, employment records, or other school district records. 
14.    Persistent violation of or refusal to obey safety rules and regulations of the Board of Education, the Superintendent, or any appropriate state or governmental agency.
15.    Offering anything of value or service to any supervisor or member of the public in exchange for special treatment in connection with the employee’s job.
16.    Abandonment of position. 

(cf. 4212.1  Provisions of Negotiated Agreements)
(cf. 4212.6  Personnel Records)
(cf. 4214  Assignment/Transfer/Reassignment)
(cf. 4218.11  Nondiscrimination)
(cf. 4218.112  Sexual Harassment)
(cf. 4218.14  Disabilities)
(cf. 4218.231  Smoking, Drinking, and Use of Drugs on School Premises)

Revised:    March 28, 2022
Reviewed:     May 13, 2013
 

Personnel

Certified Personnel 

Suspension or Termination of Employment
4117.5
4217.5

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Suspension:

A certified employee may be suspended by the Board of Education for an alleged or actual violation of any of the stipulated reasons for termination in C.G.S. 10-151 (c) or 10-151 (d) when insufficient cause for dismissal exists.  The employee may be suspended pending Board or legal action for dismissal on charges of violation of one or more of said causes for termination.  The Superintendent may suspend an employee pending board action when, in the opinion of the Superintendent, continuation of the employee in the position is disruptive to the educational process, or presents a clear danger to the students, staff, property or to the reputation of the school district.

No school personnel or Board member, with the exception of the Superintendent and/or designee, shall make any statement concerning the reasons(s) that an individual has been suspended.

Termination:

The Board of Education may terminate either non-tenured or tenured employees in accordance with provisions of Connecticut General Statute 10-151.  The district will also report any serious misconduct which gives rise to certified employee termination to the appropriate authorities, including, but not limited to, the State Department of Education and local law enforcement authorities as appropriate.

No school personnel or Board member, with the exception of the Superintendent of schools and/or designee, will make any statement concerning the reason(s) that an individual has left employment with the district.

(cf. #4114.4 Non-renewal)
(cf. #4117.41 Just Cause)

Legal Reference:
Connecticut General Statutes
10-1512 Employment of Teachers

Reviewed:    March 28, 2022
Reviewed:    July 24, 2017
            May 13, 2013
 

Personnel

Certified Personnel

Exit Interviews    4117.6
4217.6

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It is the policy of the Board of Education to request all certified and non-certified personnel terminating employment with the district to participate in an exit interview. The District endorses the concept of exit interviews and believes valuable information can be gathered to benefit employees and the district.  Such interviews provide an opportunity to solicit employees’ comments and concerns about their work experience in Vernon and their reasons for leaving.  In addition, the exit interview provides the opportunity to discuss the continuation of insurance coverage, as allowed by law, to obtain a forwarding address, and to secure the return of district property.

The employee leaving the district may request to meet with any supervisor or administrator for this exit interview.  To the extent possible, statements made by the employee will be confidential unless waived by the employee.  Administrators leaving the district may request an exit interview with the Board of Education subject to all regulations governing executive session.  

Reviewed:    March 28, 2022
Reviewed:    March 11, 2013
Adopted:      January 10, 2005
 

Personnel

Certified Personnel

Non-Discrimination/Equal Employment Opportunity 4118.11

4218.11

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Page 1 of 2

In accordance with current Federal and State of Connecticut laws, the Board of Education requires equal employment opportunities for all and prohibits discrimination in all district matters pertaining to employees and job applicants. As an Equal Opportunity Employer, the Board of Education does not discriminate on the basis of race, color, religious creed, age, veteran status, genetic information, marital status, national origin, ancestry, sex, sexual orientation, gender identity or expression, pregnancy, physical disability, past or present history of mental disorder, intellectual disability, learning disability, or any classification protected by law regarding any individual who can perform the essential functions of the job with or without reasonable accommodations.

The District shall make reasonable accommodations for known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless in the case of a bona fide occupational qualification or need.

The Superintendent shall appoint and make known the individuals to contact on issues concerning the American with Disabilities Act (ADA), Section 504 of Rehabilitation Act of 1973, Title VI, Title, VII, Title IX and other civil rights or discrimination issues. The Board will adopt and the District will publish grievance procedures for prompt and equitable resolution of employee complaints concerning any area covered in this policy.

Legal References:

Connecticut General Statutes

19-581 through 585 AIDS testing and medical information

10-209 Records not be public

46a-60 Discriminatory employment practices prohibited

Section 504 and the Federal Vocational Rehabilitation Act of 1973,

20 U.S.C. 706(7)(b)

American Disability Act of 1989 (42.U.S.C. Ch 126§12112), as amended

By ADA Amendments Act of 2008

Chalk v. The United States District Court of Central California

Civil Rights Act of 1964, Title VII, 42 U.S.C. 2000-e2 (a).

Equal Employment Opportunity Commission Policy Guidance

(N-915.035) on Current Issues of Sexual Harassment, effective 10/15/88.

Title IX of the Education Amendments of 1972, 34 CFR Section 106.

Meritor Savings Bank FSB v. Vinson, 477 U.S. 57 (1986)

Personnel

Certified Personnel

Non-discrimination 4118.11

4218.11

Page 2 of 2

Connecticut General Statutes

46a-60 Discriminatory employment practices prohibited.

Constitution of the State of Connecticut, Article I, Section 20.

10-153 Discrimination on account of Marital Status

P.A. 11-55 An Act concerning Discrimination

Civil Rights Act of 1987

The Vietnam Era Veteran's Readjustment Assistance Act of 1974, as amended, 38 U.S.C. @4212

Title II of the Genetic Information Nondiscrimination Act of 2008

Revised: August 28, 2017

May 14, 2012

September 12, 2011

December 13, 2010

Personnel

Certified Personnel

Sexual Harassment 4118.112

4218.112

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pg. 1 of 4

Policy Statement: The Board of Education believes that each employee should be able to work in an atmosphere free of harassment. The Board therefore prohibits all discriminatory intimidation on the basis of sex or on the basis of any other status protected by law, including but not limited to race, color, age, religion, gender, gender identity or expression, sexual orientation, national origin, marital status, disability, or veteran status. The Board recognizes that sexual harassment can originate from a person of either sex against a person of the opposite or same sex, and from peers as well as supervisors, students, or others within the school environment. Therefore, this policy seeks to promote a workplace that is free of sexual harassment. Sexual harassment of employees occurring in the workplace or in other settings in which employees may find themselves will not be tolerated.

Definitions:

Employee: all teaching, administrative and support personnel.

Immediate supervisor: the person to whom the employee is directly responsible (e.g., department head, principal).

Sexual harassment: any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature constitutes sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Examples of sexual harassment include:

1. Offering employment benefits or giving preferential treatment in exchange for sexual favors;

2. Retaliation against or getting someone back who turns down sexual advances;

3. Visual Conduct: leering, making sexual gestures, displaying sexually suggestive objects, pictures, cartoons, calendars, magazines, or posters;

4. Verbal Conduct: whistling and catcalls making or using derogatory or sexual comments, epithets, slurs, or jokes. Referring to another person as “doll,” “babe,” “honey,” or a name of this type;

Personnel

Certified Personnel

Sexual Harassment – continued 4118.112

4218.112

pg. 2 of 4

5. Verbal sexual advances or propositions, including repeated and unwanted requests for a date;

6. Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s

body, sexually degrading words used to describe an individual;

7. Obscene or sexually orientated computer or phone mail messages, suggestive or obscene letters, notes or invitations;

8. Physical conduct such as touching, as unwanted neck and shoulder message, assault, impeding or blocking movements, and

9. Repeated and unwelcome comments about one’s physical appearance or attire.

Procedures:

Employees who believe they have been subjected to sexual harassment are to report the incident to the building principal. Should this individual be the alleged harasser, sexual harassment may be reported to the district’s Title IX coordinator:

Director of Pupil Personnel Services

30 Park Street, Vernon, CT 06066

860-870-6000 Ext. 4666

Incidents of sexual harassment may be reported informally or through the filing of a formal complaint.

Consistent with federal and state law, and all applicable provisions in the district's collective bargaining agreements, the following procedures shall be employed in handling any report, investigation or remedial action concerning allegations of sexual harassment:

Informal Complaints:

Employees who believe they have been subjected to sexual harassment may request that an informal meeting be held between themselves and the appropriate supervisor. The purpose of such a meeting will be to discuss the allegations and remedial steps available.

Should the complainant be dissatisfied with the resolution, he/she may file a formal written complaint.

The supervisor will file a report with the next level of management on what has transpired to date. If the complainant submits a formal complaint, a copy of it should accompany the supervisor's report with a recommendation for further action.

Personnel

Certified Personnel

Sexual Harassment – continued 4118.112

4218.112

pg. 3 of 4

Formal Complaints:

Formal complaints may be submitted either to initially report any incidence of sexual harassment, or as a follow-up to an unsatisfactory resolution of an informal attempt to resolve a complaint. In the latter case, the formal written complaint is to be submitted to the supervisor originally consulted, who will then forward it to the next appropriate level of management, or the Superintendent for appropriate action. Formal complaints shall include as much detail about the alleged incident of sexual harassment as possible, including but not limited to the date and place of incident, description of the harassing conduct, the names of all witnesses, and any other relevant information, such as any discussions or action taken in an attempt to resolve the matter.

Complaint Investigations:

Upon receipt of a formal or informal complaint, a prompt, thorough and impartial investigation of the allegations must follow. The investigation of any report of sexual harassment will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances and subject to all applicable laws and any relevant provisions in the district’s collective bargaining agreements.

Remedial Action:

If it is determined that inappropriate conduct has been committed, the Board will take such action as is appropriate under the circumstances to eliminate the offending conduct and, where appropriate, impose discipline. Such action may include discipline up to and including dismissal from employment, as deemed appropriate under the circumstances consistent with applicable law and collective bargaining agreements.

When the harasser is a student, such action may include discipline up to and including expulsion and/or referral to the police or other appropriate agency.

Any employee who reports unlawful harassment or cooperates in the investigation of a complaint will be protected from retaliatory action.

Complaint Records:

The results of the investigation, including a good faith determination of whether or not harassment occurred as well as any disciplinary action to be taken, shall be maintained by the school district in a final report. The Complainant and the alleged harasser will be informed in writing of whether harassment has been found.

Personnel

Certified Personnel

Sexual Harassment – continued 4118.112

4218.112

pg. 4 of 4

Investigation in the Absence of a Complaint:

Upon learning of, or having reason to suspect, the occurrence of any sexual harassment, the board will, in the absence of a victim's complaint, ensure that an investigation is commenced by the appropriate individuals.

Training:

Each year, or more frequently if the Board deems it appropriate, supervisory personnel will receive training regarding sexual harassment and related matters. Such training may include a review of this policy and regulation, discussion, films or other activities.

Legal References:

Civil Rights Act of 1964, Title VII, 42 U.S.C.2000-e2 (a).

Equal Employment Opportunity Commission Policy Guidance (N-915.035) on Current Issues of Sexual Harassment, effective 10/15/88.

Title IX of the Education Amendments of 1972, 34 C.F.R. § 106.

Meritor Savings Bank FSB v. Finson, 477 U.S. 57 (1986)

29 C.F.R. ¶ 1604.11 (Equal Employment Opportunity Commission regulations)

Connecticut General Statutes §§ 46a-54, 46a-60

Constitution of the State of Connecticut, Article I, § 20

Revised: July 24, 2017

February 13, 2012

January 26, 2010

Personnel

Certified Personnel                                     4118.14/4218.14

Nondiscrimination on the Basis of Disabilities

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The Board of Education prohibits discrimination against any individual with a disability with regard to recruitment, advertisement and job application procedures; hiring, upgrading, promotion, awarding of tenure, demotion, transfer, layoff, termination, right of return from layoff, employee compensation, job assignments, job classifications, organizational structures, position descriptions, lines of progression and seniority lists, leaves of absence, sick leave or other leaves, fringe benefits or job training.

Federal law defines a person with a disability as one who (1) has a mental or physical impairment which substantially limits one or more major life activities such as, but not limited to, caring for one’s self; performing manual tasks walking, seeing, hearing, eating, sleeping, standing, sitting, reaching, lifting, bending, reading, concentrating, thinking, communicating, interacting with others, speaking, breathing, learning or working; (2) has a record of such an impairment; or (3) is regarded as having such an impairment. The Board will afford qualified disabled individuals reasonable accommodations. The Supreme Court of the United States has recognized that individuals with a communicable disease may be considered disabled.

The Board of Education recognizes a responsibility to avoid discrimination in policies and practices regarding its personnel, students, parents and members of the public who participate in school-sponsored programs. No discrimination against any person with a disability will be knowingly permitted in any of the programs and practices in the school system.

With regard to its employees, the Board specifically prohibits discrimination against any individual with a qualified disability with regard to recruitment, hiring, promotion or advancement, compensation, evaluation, training, or any other aspect of employment within the school system. The Board will afford qualified disabled individuals reasonable accommodations in accordance with state and federal law.

Disabled employees who can no longer perform essential job functions are encouraged to advise their supervisors or administrators of the nature of their disability and which functions cannot be performed. The Board will consider any reasonable suggestions of accommodation that would enable performance of those functions so long as the accommodation will not impose an undue hardship on the operation of the school system. The determination of whether an individual has a disability should not demand extensive analysis.
Individuals are not qualified to perform their duties if their medical condition or disability poses a threat to the health or safety of individuals in the workplace.

Persons, including employees of the district, that feel they may have been discriminated against on the basis of a disability should contact the Director of Pupil Personnel Services.

Employees seeking accommodations for a disability in order to perform essential job functions are encouraged to contact their supervisors or administrators and/or the Director of Pupil Personnel Services.

(cf. 0521 - Nondiscrimination)
(cf. 4112.4/4212.4 - Health Examinations)

 Legal Reference:  Connecticut General Statutes  
 0-209 Records not to be public.  
19-581 AIDS testing and medical information.  
46a-60 Discriminatory employment practices prohibited.  
Federal Law  
Section 504 and the Federal Vocational Rehabilitation Act of 1973, 20 U.S.C.
    706(7)(b).  
American Disability Act of 1989, 42 U.S.C. 12101 et. seq., as amended by the ADA Amendments Act of 2008  
29 CFR, Part 1630, Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, as amended, published in the Federal Register, 
    Vo. 76, No. 58, 3/25/11  
Chalk v. The United States District Court of Central California.  
Amendments of Americans with Disabilities Act, Title II and Title III, Regulation to 
implement ADA Amendments Act of 2008.  Federal Register, Vol. 81, No. 155 (28 CFR Parts 35 & 36)

Revised:          March 28, 2022
Revised:    May 13, 2013
Revised:          March 28, 2008

Personnel

Certified Personnel

Academic Freedom
4118.21

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Teachers shall be free to discuss controversial ideas and to select and employ materials and methods of instruction.  Such freedoms should be used judiciously and prudently to promote the free exercise of intelligence and learning.

However, academic freedom is not an absolute.  It must be exercised within the law and the basic ethical responsibilities of the teaching profession.  Those responsibilities include:

1.    Understanding of our democratic tradition and its methods;

2.    Concern for the welfare, growth, maturity, and development of children;

3.    Appropriate presentation of appropriate material for children’s intellectual and emotional development;

4.    Appropriate judgment in selecting and employing materials and methods of instruction.

(cf. 1220 Citizens’ Advisory Committees)
(cf. 1312 Requests from Public for Problem Resolutions)
(cf. 5145.2 Freedom of Speech/Expression)
(cf. 6161 Equipment/Books/Materials)

Legal References:
Amendment to U.S. Constitution Article I
Connecticut Constitution, ARTICLE FIRST
Academic Freedom Policy (adopted by Connecticut State Board of Education, 9/9/81)

Revised:    March 28, 2022
Reviewed:    May 13, 2013

Personnel

Certified Personnel

Code of Ethics for Town Officials and Employees              4118.22/4218.22

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Should there be any variation between the text of the Code of Ethics of the Town of Vernon and copy of the code included here for reference, the most recent copy on file with the Town Clerk takes precedence. 

Ordinance #173 Establishing A Code of Ethics for the Town of Vernon

Ordinance #173, which established a code of ethics for town officials and employees was adopted by the Vernon Town Council on September 1, 1987, and became effective as of September 20, 1987.  That ordinance is as follows:

ORDINANCE ESTABLISHING A CODE OF ETHICS

The Council of the Town of Vernon hereby repeals Ordinance #55 entitled "Ordinance Concerning Conflict of Interest in the Town of Vernon" and pursuant to the provisions of Section 7-148h of the Connecticut General Statutes hereby adopts the following CODE OF ETHICS:

Section 1:  DECLARATION OF POLICY

The proper operation of democratic government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for all town officials, employees, individual(s), partnership(s), corporation(s), or other entities as defined hereinafter is adopted.  The purpose of this code is to establish guidelines for ethical standards of conduct for all such officials, employees, individual(s), partnership(s), corporation(s), or other entities by setting forth those acts or actions that are incompatible with the best interests of the town and by directing disclosure by such officials, employees, individual(s), partnership(s), corporation(s) or other entities of private financial or other interests in matters affecting the town.

Section 2:  BOARD OF ETHICS CREATED: PURPOSE

There is hereby created a Board of Ethics (hereinafter referred to as "Board") for the purpose of rendering advisory opinions and making recommendations with respect to the drafting and adoption of amendments to this article.

Section 3:  MEMBERS OF TOWN BOARDS AND COMMISSIONS

APPOINTMENTS

The Board shall consist of five (5) regular members and two (2) alternate members, all of whom shall be electors of Vernon.  No more than three (3) regular members and no more than one (1) alternate member shall be from one political party.  The initial regular and all alternate members shall be appointed by the Council upon recommendation by the Mayor from a list compiled and submitted by any member of the public or town organization.  The term shall be five (5) years except that of the initially appointed regular members, one (1) shall serve for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years and one (1) for five (5) years.  The two (2) alternate members shall be appointed in the same manner for terms of five (5) years.  The duties of such alternate members shall be to sit upon such a Board whenever a regular member is unavailable to do so; such sitting alternate members shall have all of the obligations and duties of a regular member.  A member may resign at any time by written notice to the Mayor and the Town Clerk.  Any such resignation shall become effective upon the date specified therein, or if no date is so specified therein, upon the date of its submission.  No regular or alternate member who serves a five (5) year full term shall be reappointed sooner than one (1) year following the completion of that term.

VACANCIES

Vacancies on the Board among its regular members shall be filled by the Mayor from alternate members of the Board.  Vacancies on the Board among its alternate members shall be filled by the Council upon recommendation by the Mayor from a list compiled and submitted by any member of the public or any town organization.

REMOVAL

Any regular or alternate member of the Board may be removed by the Mayor subject to approval by nine (9) members of the Town Council.

CONFLICTS

No regular or alternate member of the Board shall render or agree to render any service to any person or entity other than the Town in connection with any cause, proceeding, application or other matter which is before any agency, board, department, panel, commission or other official entity of the Town, nor shall such member serve as a member of any such agency, board, department, panel, commission or entity.
 
Section 4:  ORGANIZATION AND PROCEDURE

The Board shall annually elect a chairperson and secretary from among its members.  Pursuant to the provisions of the State Freedom of Information Act, the Board shall keep records of its meetings and shall hold meetings after proper notice at the call of the chairperson and at such other times as the Board may determine. For the purpose of conducting a meeting or hearing five (5) members shall constitute a quorum.  Any action taken by the Board shall be by a majority vote of the members present and voting.  At least once a year, the Board shall meet for the purpose of reviewing this ordinance and making recommendations with respect to the drafting and adoption of amendments to this ordinance.

Section 5:  DUTIES AND POWERS

a.     The Board may make recommendations for amendments to this Code of Ethics for adoption by the Town Council.

b.     The following may submit written requests directly to the Board of Ethics regarding appropriate situations pursuant to the Board of Ethics regarding appropriate situations pursuant to this document: Mayor, Town Administrator, Town Council, Superintendent of Schools, Board of Education, or the public at large.  The Board of Ethics must respond to the submittal per Section 13 and any opinions shall be directed to the agency or person requesting them.

c.    Promulgate rules and regulations.

d.    Hear complaints and render decisions.

Section 6:  EXPENSES AND COMPENSATION

The members of the Board shall serve without compensation for their services.  In the performance of its duties and in the exercise of its powers, the Board shall not incur any expense in excess of the funds appropriated by the Council for such purposes.

Section 7:  APPLICABILITY

The provisions of this Code shall apply to all town officials and employees, whether elected or appointed, paid or unpaid, including individual(s), partnership(s), corporation(s), or other entities which have been or will be compensated by the Town for acting as an agent or consultant for the Town or any of its boards.  The term "town officials", as used in this code, shall include members of the Town Council, members of the Board of Education, and all officials appointed by the Town Council, Board of Education, Mayor or the Town Administrator.  The term "town employees,” as used in this code, shall include all employees of the Town and Board of Education.

Section 8:  CONFLICT OF INTEREST

Individuals who are subject to this Code and have an interest which is in substantial conflict with proper discharge of their duties or employment in the public interest and of their responsibilities as prescribed in the laws of the State of Connecticut and the Town of Vernon if they have reason to believe or expect that they will derive a direct monetary gain or other benefit, or suffer a direct monetary loss or other detriment, as the case may be, by reason of their official activity.  Individuals do not have an interest which is in substantial conflict with the proper discharge of their duties in the public interest and of their responsibilities as prescribed by the laws of the State of Connecticut and the Town of Vernon if any benefit or detriment accrues to them as a member of a business, profession, occupation or group to no greater extent than any other member of such business, profession, occupation or group.  For the purpose of this Code a public officer or employee shall be deemed to have an interest in the affairs of their spouse.

Section 9:  STANDARDS OF CONDUCT

Any official, employee, individual(s), partnership(s), or other entities, who has or may have a substantial or controlling financial or significant personal interest in any property or matter which is the subject of any pending or proposed proceeding before any town agency on which such person sits or by whom such person is employed, shall make known promptly such interest in any matter on which they may be called to act in their official capacity. They shall refrain from voting upon such a transaction, contract or sale.
   
No official, employee, individual(s), partnership(s), corporation(s) or 
           other entities, shall accept, during the course of any twelve (12) month 
           period, any individual gift over the sum of fifty (50) dollars or any gifts 
           which in the aggregate costs one hundred (100) dollars.  The limits of      
           gifts may be changed from time to time by resolution of the Town
           Council.  Gifts, as used above, may take the form of service, loan, thing
           or promise  from any person, firm or corporation which, to
           their knowledge, is interested in directly or indirectly, in any manner
           whatsoever, in business dealings with the town having any relationship
           or connection with such official or employees in the discharge of
           their duties.

No official, employee, individual(s), partnership(s), corporation(s) or other entities, without proper legal authorization, shall disclose confidential information except as required under the Freedom of Information laws of the State of Connecticut, concerning the property, government or affairs of the town.  No official, employee, individual(s), partnership(s), corporation(s) or other entities, shall use information acquired in the course of their public duties, to advance the financial or other private interest of themselves or any other.  

      d. No official, employee, individual(s), partnership(s) corporation(s) or   
          other entities, shall request or permit the use of town-owned vehicles, 
          equipment, materials or property for personal convenience or profit, 
          except when such services are available to the public generally or are   
          provided as municipal policy for the use of such official, employee, 
          individual(s), partnership(s), corporation(s) or other entities, in the  
          conduct of official business or such use as in connection with exchange 
          of private equipment for use by the town.  No official, employee,   
          individual(s), partnership(s), corporation(s) or other entities, shall grant     
          any special consideration, treatment, or advantage to any citizen 
          beyond that which is available to every other citizen.

      e. No official, employee, individual(s), partnership(s), corporation(s) or 
          other entities, shall for the period of one (1) year after the termination of
          service or employment with such municipality, appear before any board   
          or agency of the Town or in any matter in litigation in which the. Town is 
          a party in interest except on behalf of the Town for compensation by any  
          private interest to any case, proceeding or application in which they 
          personally participated during the period of their service or 
          employment or which was under their active consideration.  

       f. To the extent known thereof, all officials, employees,
          individuals, partnerships, corporations or other entities of the Town, 
          whether paid or unpaid, who participate in the discussion or give official     
          opinions to boards and commissions or to a Town Meeting on pending 
          legislation, shall publicly disclose on the official record the nature and     
          extent of any direct or indirect financial or other private interest     
          they have in such legislation.
 
      g. No official, employee, individual(s), partnership(s), corporation(s) or 
          other entities shall render or agree to render for compensation any     
          service to any person or party other than the Town, in connection with 
          any cause, proceeding, application or other matter which is before any 
          town agency over which he has direct control or involvement.  This   
          does not prohibit any town official, employee, individual(s), 
          partnership(s), corporation(s) or other entities from appearing before  
          any board or commission on such person's own behalf or as official 
          spokesman for an organization of which they are a member, 
          provided such appearance does not violate Sections 8-11 and 8-21 and 
          22a-42 of the Connecticut General Statutes and Public Act 83-540 or 
          any other provision of the Code.

 h. No town official, employee, individual (s), partnership (s), corporation (s) or other entities who in their capacity as such officer or employee participates in the making of a contract or accepts a purchase order in which they have a private pecuniary interest, direct or indirect, shall bid upon nor enter into any contract or bid upon nor accept any purchase order from the Town or Board of Education unless the Town Administrator for the Town, or Superintendent of Schools for the Board of Education waives the requirements of this Section after determining that it is in the best interest of the Town to do so.  (As amended by Ordinance #175)

i.    No employee shall engage in or accept private employment or render service, for private interest, when such employment or service is incompatible with the proper discharge of their official duties or would tend to impair their independence of judgement or action in the performance of their official duties, unless disclosure is made as provided in this Code.

Section 10:  EXCEPTION TO CODE

Nothing stated herein shall bar members of the Town Council who are employed as teachers in the Town of Vernon, or whose spouses or other family members are so employed, from taking part in deliberation and voting regarding the Board of Education budget if at such time teacher compensation for the forthcoming year has been established and is not directly affected by such votes.

      b.  Nothing stated herein shall bar members of the Board of Education or 
           their employees from discharging their responsibilities according to 
           applicable state education mandates, statutes, and regulations.  Where 
           conflicts exist between state law and this Code, state law shall prevail.

      c.  A commercially reasonable loan made in the ordinary course of 
          business by an institution authorized by the laws of this state to engage 
          in the making of such loans shall not be deemed to create an interest in 
          violation of this code.

      d.  The ownership of less than five (5%) percent of the outstanding stock 
           in a publicly held corporation shall not be considered a substantial 
           financial or personal interest.

Section 11:  ADVISORY OPINIONS

Where any public officer or employee, individual(s), partnership(s), corporation(s) or other entities has a doubt as to the applicability of any provision of this code to a particular situation, or as to the definition of terms used herein, they may apply to the Board for an advisory opinion.  The officer, employee, individual(s), partnership(s), corporation(s) or other entities shall have the opportunity to present their interpretation of the facts at issue and of the applicability of provisions of the code before such advisory opinion is made.

Such opinion until amended or revoked shall be binding on the Town, the Town Council, and the Board of Education in any subsequent actions concerning the public officer, employee, individual(s), partnership(s), corporation(s) or other entities who sought the opinion and acted on it in good faith, unless material facts were omitted or misstated in the request for the advisory opinion.

Any advisory opinion prepared by the Board shall be made public.  However, the name of the person requesting the opinion and the names of all persons or business entities mentioned in the opinion shall be deemed confidential information and shall not be disclosed by the Board unless the public officer, employee, individual(s), partnership(s), corporation(s) or other entitles waives such confidentiality or where the Board deems the public official to have failed to act in good faith in requesting the opinion or in conforming with the opinion or to have failed to act in conformance with the opinion.

Section 12:  SEPARABILITY

If any provision of this ordinance if found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this ordinance to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this code which can be given effect without the invalid or unconstitutional provision or application.

Section 13:  SANCTIONS

Violations of any provisions of this Code should raise conscientious questions for the official concerned as to whether voluntary resignation or other action is indicated to promote the best interest of the Town.  Violation may, upon determination by the Council or the Board of Education, constitute a cause for censure, suspension, removal from office or other appropriate legal proceedings.  In the case of suspension or removal from office the Town Charter Provisions will be in force.  If a commission member's status is to be changed, then it would be up to the Mayor to proceed.

Section 14:  PROCEDURE FOR HANDLING COMPLAINTS

The Board of Ethics will conduct its investigations as a fact-finding body, adhering to strict confidentiality in all matters concerned, and will render advisory opinions containing its findings and conclusions.

Requests concerning complaints shall be received by the Board of Ethics only in compliance with Section 5 of the Code.

Upon receipt of a complaint, the Board shall determine whether said complaint falls within its jurisdiction within ten (10) working days.

If said complaint does not fall within the jurisdiction of the Board, the case will be dismissed, and the complainant and the accused will be notified in writing.

a. If the Board has any questions concerning jurisdiction, the complainant will be notified in writing to meet with the Board to clarify the allegation in detail, with said meeting to take place within thirty (30) days of notification to the complainant.

b. After meeting with the complainant, the Board shall make a final determination as to jurisdiction.

If the Board determines it has jurisdiction, then within five (5) working days after such determination, the accused shall be notified in writing of the alleged violation of the Code of Ethics and that they may elect to have all proceedings open according to the Freedom of Information Act. Upon receipt of said notice, the party so notified shall have the right to file a response within ten (10) working days and may, within said time period, demand a hearing by the Board. If a hearing is so requested, it shall be convened within twenty !20) working days after such request. If no request for a hearing is made, the Board by a vote of at least three (3) members, shall determine within thirty (30) working days after the mailing of the notice of such complaint whether a hearing is required. In the event a hearing is held, the person against whom such a complaint is filed, shall be notified in writing of the date, time and place of the hearing, within five (5) working days, as will the person who filed the complaint. In such hearings, the person against whom such a complaint is filed shall have the right to counsel, to confront all witnesses, to cross-examination and to present evidence on their behalf. All notices to the person about whom such complaint was made shall be mailed by certified mail.

All hearings and investigatory meetings are subject to the provisions of the Freedom of Information Act (CGS 1-18a through 1-21k as may be amended).

All affected parties to be interviewed shall be notified that the meeting is being held in open or executive session, sworn in and cautioned to observe confidentiality in the event of an executive session.

The Board, pursuant to Connecticut General Statutes Section 7-148h, may issue subpoenas or subpoenas duces tecum, enforceable upon application to the Superior Court, to compel the attendance of persons at hearings and the production of books, documents, records and papers.

If hearings or investigatory meetings are held in executive sessions, the accused shall be afforded the opportunity to be present during said executive sessions.

The Board shall issue a written decision with respect to violations of this Code on each case within ten (10) working days in which it shall give facts and the rationale for the decision.

Copies of the decisions shall be forwarded to the initiator of the request (Town Council or Town Administrator or Mayor; Board of Education or Superintendent of Schools or complainant), and the subject of the complaint.

The Board of Ethics shall maintain a record of all complaints filed. If, in the Board's opinion, it perceives abuse in filing of baseless or frivolous complaints by an individual or organization, the Board shall be empowered to apply sanctions against said complainant(s) according to policies it adopts as enacted by Town Council.

Section 15:  REPORT TO COUNCIL OR BOARD OF EDUCATION

The Board shall report to the Council or Board of  Education, as jurisdictionally appropriate, its findings as to a violation of the Code of Ethics, together with recommendations as to disposition to be made. If there was a defined violation of this Code, the Council or Board of Education shall consider such findings and shall determine what disposition shall be made.  If the Council or Board of Education wishes to proceed on the recommendation of the Board of Ethics, it shall take the appropriate action as may be indicated in Section 13 of this ordinance. Upon written request of the accused, the Council or Board of Education may elect to follow the general outline of Section 14, however, the process shall take no longer than twenty (20) working days.  A special exception may be granted to the time period at the discretion of the Council or Board of Education.

Section 16:  GENERAL GUIDELINES FOR TOWN OFFICIALS

The requirements herein set forth shall constitute a Code of Ethics establishing reasonable standards and guidelines for the ethical conduct of town officers of the Town of Vernon.  The purpose of these guidelines is to encourage town officials to actively participate and vote on as many issues as their conscience allows but still act in a consistent manner.  If a town official finds that they are abstaining from voting frequently they should obtain an advisory recommendation from the Ethics Commission or consider resigning.

Town officials of any commission or board who are officers, or directors of a non-governmental civic group, social, charitable or a religious organization which is seeking financial or other legislative action from that body shall not vote on such matters.

Town officials of any commission or board who are officers, directors, or active in negotiations of a union that is affiliated with any union of town employees shall disclose that relationship and shall not vote in any matters that affect that union or conditions of employment of any union of town employees.

Town officials of any commission or board who are employed in a profession or by a company which may be affected by legislation shall disclose that fact, but may vote on such legislation as long as they receive no direct compensation or benefit or will be affected in any way different from all individuals employed by that company or in that profession.

Town officials who are members of any commission or board who are state legislators, or are active in promoting, lobbying for or drafting related legislation at the state level shall disclose that interest any may vote on such legislation at the town level.

Section 17:  DISTRIBUTION OF CODE OF ETHICS

The Town Clerk shall cause a copy of this Code of Ethics to be distributed to every town officer and employee of the Town within thirty (30) days after enactment of this code.  This code shall be made known and available to individual(s), partnership(s), corporation(s), or other entities doing business with the Town.  Each public officer and employee elected, appointed or engaged thereafter shall be furnished a copy before entering upon the duties of this office or employment.

Revised:        April 25, 2022
                June 9, 2014
Reviewed:    March 11, 2013
 

Personnel

Certified Personnel

Conduct    4118.23
4218.23

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The Board of Education recognizes that school children are often influenced by the conduct displayed by teachers and other members of a school's staff.  The Board expects that staff will strive to set the kind of example for students that will serve them well in their own conduct and behavior and contribute toward an appropriate school atmosphere.

Employees are expected to report for work appropriately dressed, on time, and fully prepared to perform their duties.  They are expected to perform their duties in a timely and efficient manner, and to refrain from inappropriate conduct.  Every employee is expected to deal effectively with students, parents and other staff members, both superior and subordinate.

The personal life of an employee will be of concern to and warrant the attention of the Board only as it may directly affect the employee's fitness to perform the job, his/her their fitness to be placed in a position of trust with children and the property of the district, or constitute a conflict of interest.

Disciplinary action, when necessary, will be applied in accordance with applicable laws, policies, and collective bargaining agreements.

Revised:    March 28, 2022
Reviewed:    July 24, 2017
            March 11, 2013

Personnel – Certified/Students        

Psychotropic Drug Use    4118.231/5141.231    

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The Board of Education prohibits all school personnel from recommending the use of psychotropic drugs for any student enrolled within the school system.  For purposes of this policy, the term “recommend” shall mean to directly or indirectly suggest that a child use psychotropic drugs.

Psychotropic drugs are defined as prescription medications for behavioral or social-emotional concerns, such as attention deficits, impulsivity, anxiety, depression and thought disorders and includes, but is not limited to stimulant medications and anti-depressants.

However, school health or mental health personnel, including school nurses or nurse practitioners, the District’s Medical Advisor, school psychologists, school social workers,  school counselors, and district’s director of special services/special education may recommend that a student be evaluated by an appropriate medical practitioner and school personnel may consult with such practitioner with the consent of the parents/guardian of such child in accordance with this policy.

Communications between and among school health, mental health personnel and other school personnel pertaining to a child in possible need of a recommendation for a medical evaluation shall be accomplished through the District’s established child study teams and/or the planning and placement team and its procedures, in conformity with state and federal special education statutes.

(cf. 5141.4 – Reporting of Child Abuse and Neglect)

Legal Reference:  Connecticut General Statutes
10-212b Policies prohibiting the recommendation of psychotropic drugs by school personnel (as amended by PA 03-211)
46b-120 Definitions
10-76a Definitions (as amended by PA 00-48)
10-76b State supervision of special education programs and services
10-76d Duties and powers of boards of education to provide special education programs and services (as amended by PA 97-114 and PA 00-48)
10-76h Special Education hearing and review procedure.  Mediation of disputes (as amended by PA 00-48)
State Board of Education Regulations
34 C.F.R. 3000 Assistance to States for Education for Handicapped Children
34 C.F.R. §300.174 Prohibition on mandatory medication
American with Disabilities Act, 42 U.S.C. §12101 et seq.
Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.
Rehabilitation Act of 1973, Section 504, 29 U.S.C. § 794

Policy Revised:  April 25, 2022
Policy Adopted:  December 13, 2010
 

Personnel - Certified and Non-Certified

Alcohol, Drugs and Tobacco         
Drug and Alcohol-Free Workplace
                  4118.232
4218.232

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The Board of Education is concerned with maintaining a safe and healthy working and learning environment for all staff and students. The Board recognizes the importance of maintaining an environment for its staff and students that is drug and alcohol free. Reasonable steps will be taken to create a safe workplace free from the effects of alcohol, second-hand smoke and drug abuse.
This policy is adopted in accordance with state law and the Drug Free Workplace Act. Employees must abide by the terms of this policy as a condition of employment.  An employee who violates this policy may be required to successfully complete an appropriate rehabilitation program, may not be renewed or their employment may be suspended or terminated, at the discretion of the Board.
Definitions
"Cannabis" means marijuana which includes all parts of a plant or species of the genus cannabis, whether growing or not, and including its seeds and resin; its compounds, manufactures, salts, derivatives, mixtures, and preparations; and cannabinoid, cannabinol, cannabidiol (CBD), and similar compounds unless derived from hemp as defined in federal law. The definition of marijuana also includes any product made using hemp, as defined in state law, with more than 0.3% total THC concentration on a dry-weight basis, manufactured cannabinoids, and certain synthetic cannabinoids.
"Cannabis product" is cannabis in the form of a cannabis concentrate or a product that contains cannabis, which may be combined with other ingredients, and is intended for use or consumption.
"Cannabis concentrate" is any form of concentration extracted from cannabis, such as extracts, oils, tinctures, shatter, and waxes.
"Medical marijuana product" is cannabis that (1) dispensary facilities and hybrid retailers exclusively sell to qualifying patients and caregivers and (2) the Department of Consumer Protection (DCP) designates on its website as reserved for sale to those individuals.
"Manufactured cannabinoid" means cannabinoids naturally occurring from a source other than marijuana that are similar in chemical structure or physiological effect to cannabinoids derived from marijuana, but that are derived by a chemical or biological process.
"Workplace" means the site for the performance of work done, which includes work done in connection with a federal grant. The workplace includes any District building or property; any District-owned vehicle or any other District-approved vehicle used to transport students to and from school or school activities; and off-District 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/supervision of the District, which could also include work on a federal grant.
"School-sponsored activity" means any activity sponsored, recognized, or authorized by the Board and includes activities conducted on or off school property.
"Drug" is defined as:
1.  "Controlled substances" which includes all forms of narcotics, depressants, stimulants, hallucinogens, steroids, and cannabis (including products made with or infused with these substances) and controlled drugs whose sale, purchase, transfer, use, or possession is prohibited or restricted by state or federal law;
2.  "Synthetic cannabinoids" which include drugs which are known or advertised as possibly affecting judgment, coordination, or any of the senses, including those which may cause drowsiness or dizziness; and
3.  Illegal substances.
“Controlled drugs” are further defined in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) and are further defined by Regulation 21 C.F.R. 1300.11 through 1300.15
"Prescription drugs" means drugs which are used in the course of medical treatment and have been prescribed and authorized for use by a licensed medical practitioner/physician or dentist, other than marijuana (cannabis) and marijuana-related substances.
"Smoking" means the burning of a cigarette, cigar, pipe or other similar device that contains in whole or in part, cannabis or hemp, in addition to tobacco.
"Electronic nicotine delivery system" for purposes of this policy means an electronic device used in the delivery of nicotine or other substances to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any related device and any cartridge or other component of such device, including, but not limited to, electronic cigarette liquid.
"Vapor product" means any product that employs a heating element, power source, electronic circuit or other electronic, chemical, or mechanical means to produce a vapor that may or may not include nicotine and is inhaled by the product's user.
"Under the influence" means any noticeable use, any detectable level of drugs or alcohol in the employee's blood or urine or any noticeable or perceptible impairment of the employee's mental or physical faculties.
"Criminal drug statute" means any criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance.
I.  Prohibited Behavior
To help maintain a drug-free school, community, and workplace, the following conduct is strictly prohibited of all District employees and volunteers. 
A.  Reporting to work or the workplace under the influence of alcohol, illegal and/or controlled substances including marijuana (cannabis) and anabolic steroids;
B.  Manufacturing, selling, delivering, soliciting, consuming, using, possessing, or transmitting alcohol in any amount or in any manner on District property or a District workplace at any time while students are under the supervision of the District, or when involved as an employee in a District activity on or off school district property;
C.  Unlawfully manufacturing, distributing, dispensing, possessing, or using a controlled substance in a District workplace;
D.  Using the workplace, District property or the staff member's position within the District to make or traffic alcohol, illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids;
E.  Using, possessing or transmitting illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids in a manner that is illegal or which impairs job performance or poses a hazard to the safety and welfare of the employee, the public, the students, or other employees; and
F.  Smoking or other use of tobacco products on school property during regular school hours, on transportation provided by the Board of Education, or during the course of any trip sponsored by the Board or under the supervision of the Board or its authorized agent.
II.  Use of Prescription Drugs
A.  Employees are permitted to use prescription drugs on school property, or during the conduct of Board business, that have been prescribed by a licensed medical practitioner.  Such drugs shall be used only as prescribed. In addition, employees shall not possess prescription drugs for the purpose of sale or distribution.
B.  However, the Board, in compliance with C.G.S. 21a-408a through 408q, prohibits the palliative use of marijuana on school property, at a school-sponsored event, or during the conduct of Board business. Employees are prohibited from being under the influence of intoxicating substances, including marijuana used for palliative purposes, during the work day.
III.  Smoking
A.  The Board prohibits smoking, including smoking using an electronic nicotine delivery system (e.g., e-cigarettes), and the use of tobacco products on school property or at any school-sponsored activity. 
B.  The workplace smoking ban also applies to cannabis, hemp, and e-cigarette use, involving cannabis.
C.  Tobacco and cannabis products will be permitted in a situation in which a classroom is used during a demonstration that is part of a medical or scientific experiment or lesson.
D.  The District will not make accommodations for an employee or be required to allow an employee to perform their duties while under the influence of cannabis or allow the employee to possess, use or otherwise consume cannabis while performing their employment duties.
IV.  Notification Requirements
A.  Any staff member who is taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with the safe performance of their job. If the use of a medication could compromise the safety of the staff member, other staff members, students or the public, it is the staff member's responsibility to use appropriate personnel procedures (e.g., use leave, request change of duty, or notify their supervisor of potential side effects) to avoid unsafe workplace practices. If a staff member notifies their supervisor that the use of medication could compromise the safe performance of their job, the supervisor, in conjunction with their superior, will determine whether the staff member can remain at work and whether any work restrictions will be necessary.
B.  As a condition of employment, each employee will notify their supervisor of a conviction under any criminal drug statute. Such notification will be provided no later than five (5) days after such conviction. The District will inform the federal granting agency within ten (10) days of such conviction, regardless of the source of the information.
C.  District employees are directed to report any suspected violation of this policy to an administrator or directly to the Superintendent of Schools or designee. The Superintendent or designee will investigate the allegation and meet with the alleged violator.
D.  All employees will be notified of this policy on a yearly basis and instructed to recognize that compliance is mandated.
E.  This policy shall be made known to prospective employees prior to employment.
V.  Disciplinary Action Upon Violation of Policy
A.  An employee who violates this policy may be subject to disciplinary action, consistent with applicable state and federal laws, up to and including termination. Enrollment and successful completion of an appropriate drug-or alcohol-abuse, employee-assistance rehabilitation program may be required at the discretion of the administration, 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 District incur any financial obligation for treatment or rehabilitation required as a condition of eligibility for reinstatement.
B.  Disciplinary action will include, at a minimum, a letter of reprimand and may include, but is not limited to suspension or termination from employment.
C.  The Board shall take disciplinary action with respect to an employee convicted of a drug offense in the workplace within thirty (30) days after receiving notice of the conviction.
D.  Should District employees be engaged in the performance of work under a federal contract or grant, or under a State contract or grant of $5,000 or more, the Superintendent shall notify the appropriate State or Federal agency from which the District receives contract or grant monies of the employee's conviction within ten (10) days after receiving notice of the conviction.
E.  The District may notify law enforcement agencies regarding a staff member's District deems appropriate.
VI.  Employee Assistance
In order to make employees aware of dangers of drug and alcohol abuse, and to provide an employee with the opportunity for rehabilitation in overcoming addiction to, dependence upon or other problem with alcohol or drugs, the District will:

A.  provide each employee with a copy of this District Drug- and Alcohol-Free Workplace policy;
B.  post notice of the Drug- and Alcohol-Free Workplace policy in a place where other information for employees is posted;
C.  make available materials from local, state, and national anti-drug and alcohol-abuse organizations;
D.  enlist the aid of community and state agencies with drug and alcohol informational and rehabilitation programs to provide information to District employees;
E.  provide information about benefits available under the Board's group medical plan for treatment;
F.  establish a drug-free awareness program to inform employees about:
•  the dangers of drug abuse in the workplace,
•  available drug and alcohol counseling, rehabilitation, re-entry, and any employee assistance programs, and
•  the penalties that the District may impose upon employees for violations of this policy.
CBD Products 
Employees are prohibited from possessing or using any product on school property or school-sponsored activities with cannabidiol (CBD), whether derived from hemp or cannabis, regardless of the amount of THC in the product or to the extent to which it is legal or illegal under state law.

Legal Reference:  Connecticut General Statutes
P.A. 21-1 (June Spec. Session) An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis
Controlled Substances Act, 21 U.S.C. §812; 21 C.F.R. 1308.11-1308.15
Drug-Free Workplace Act of 1988, 41 U.S.C. §701 et. seq.
Drug-Free Schools and Community Act, P.L. 99 570, as amended by P.L. 101 226 (199)
Safe and Drug-Free School and Communities Act of 1994, 20 U.S.C. §7101-71187 (as amended by Title IV - 21st Century Schools)
Drug-Free Workplace Act, 30 ILCS 580/1 et. seq.
Drug-Free Workplace Requirements for Federal Grant and Recipients 41 U.S.C. 8103

Revised:       March 28, 2022
Revised:       May 11, 2020
Reviewed:       July 24, 2017
                  April 27, 2015
                 May 14, 2012
 

Personnel

Certified Personnel

Duties of Personnel    4118.3
4218.3

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All employees of the school district are subject to policies of the Board of Education, applicable laws, and current employee agreements.

Job descriptions and job postings setting forth personnel duties and responsibilities shall include at least the following:

Job title.

Duties to be performed.

Type and extent of training required.

Degree of responsibility assumed.

Other related factors.

Job descriptions shall determine the job classification of employees on salary schedules. In each instance employees shall meet the requirements set forth in the job description. Job descriptions for all employees shall be maintained in the school system’s central administration office. 

Revised:    April 25, 2022
Reviewed:    March 11, 2013

Personnel

Certified Personnel and Non-Certified

Electronic Mail 
4118.4/4218.4

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All district electronic mail systems are owned by the district and are intended for the purpose of conducting official district business only.  District electronic mail systems are not intended for personal use by employees of the district and employees should have no expectation of privacy when using the electronic mail systems.

Users of district E-mail systems are responsible for their appropriate use.  All illegal and improper uses of the electronic mail system, including but not limited to pornography, obscenity, harassment, solicitation, gambling, bullying and violating copyright or intellectual property rights are prohibited.  Use of the electronic mail system for which the district will incur an expense without expressed permission of an administrator is prohibited.

Electronic messages are not for private or confidential matters.  Because there is no guarantee of privacy or confidentiality, other avenues of communication should be used for such matters.  Except for directory information, student records will not be transmitted by electronic mail.  Care should be taken when forwarding an electronic mail message.  If the sender of an electronic mail message does not intend for the mail to be forwarded, the sender should clearly mark the message "Do Not Forward".

In order to keep district electronic mail systems secure, users may not leave the terminal "signed on" when unattended and may not leave their password available in an obvious place near the terminal or share their password with anyone except the electronic mail system administrator.  The district reserves the right to bypass individual passwords at any time and to monitor the use of such systems by employees.

The district retains the right to review, store and disclose all information sent over the district electronic mail systems for any legally permissible reason, including but not limited to determining whether the information is a public record, whether it contains information discoverable in litigation and to access district information in the employee's absence.

Except as provided herein, district employees are prohibited from accessing another employee's electronic mail.  All district employees should be aware that electronic mail messages can be retrieved even if they have been deleted and that statements made in electronic mail communications can form the basis of various legal claims against the individual author or the district.

Electronic mail sent or received by the Board, the district or the district’s employees may be considered a public record subject to public disclosure or inspection.  All Board and district electronic mail communications may be monitored.

District employees will be subject to disciplinary action for violation of this policy.

The Superintendent will ensure that all district employees have notice of this policy and that each district employee is given an acknowledgement form to sign stating they have received and read the policy.  The form will be maintained in the employee’s personnel file.

(cf. 5125 - Student Records)

Legal Reference:   Connecticut General Statutes

The Freedom of Information Act.
31-48d - Employers engaged in electronic monitoring required to give prior notice to employees

Reviewed:     April 25, 2022
Adopted:     February 25, 2013

Personnel                     

Certified Personnel
Rights, Responsibilities and Duties for
Acceptable Computer Network Use on
Social Networking Websites                                            4118.51/ 4218.51

 

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The Board of Education recognizes the importance of social media for its employees, and acknowledges that its employees have the right under the First Amendment, in certain circumstances, to speak out on matters of public concern.  However, the Board will regulate the use of social media by employees, including employees’ personal use of social media, when such use:

interferes with the work of the school district;
is used to harass coworkers or other members of the school community;
creates a hostile work environment;
breaches confidentiality obligations of school district employees;
disrupts the work of the school district;
harms the goodwill and reputation of the school district in the community; or
violates the law, board policies and/or other school rules and regulations.

A. Rules Concerning District-Sponsored Social Media Activity

If an employee seeks to use social media sites as an educational tool or in relation to extracurricular activities or programs of the school district, the employee must seek and obtain the permission of their supervisor prior to setting up the site.

If an employee wishes to use social media sites to communicate meetings, activities, games, responsibilities or announcements for a school-based club, activity, organization, or team, the employee must comply with the following:

a. The employee must communicate through a group list which will be 
     “closed” ( that is, membership in the group is limited to students,
     parents, and appropriate school personnel), and “monitored” regularly
     by that
     
b.  When Facebook (Meta) is used as the social media site, members will not be
     established as “friends”, but as members of the group list.  When other 
     social media sites are used, the employee will establish a similar 
     parameter on the basis of the functionality of the social media site used.

c.  Anyone who has access to the communications conveyed through the 
     site may only gain access by the permission of the employee (that is, 
     teacher, administrator, supervisor, coach).  Persons desiring to access 
     the page may join only after the employee invites them and allows them 
     to join.

d.  Parents shall be permitted to access any site that their child has been 
     invited to join.

e.  Access to the site may only be permitted for educational purposes 
     related to the club, activity, organization or team.

f.  The employee’s supervisor shall be permitted access to any site 
    established by the employee for a school related purpose.

g.  Employees are required to maintain appropriate professional boundaries 
     in the establishment and maintenance of all such district-sponsored 
     social media activity.

    3. Employees are required to use appropriately respectful language in their   
        social media posts on district-sponsored sites; and to refrain from harassing, 
        defamatory, abusive, discriminatory, threatening or other

4. Employees are required to comply with all Board of Education policies and 
        procedures and all applicable laws with respect to the use of computer 
        equipment, networks or devices when accessing district-sponsored social 
        media sites.

    5. All posts on district-sponsored social media websites must comply with the 
        Board of Education’s policies concerning confidentiality, including 
        confidentiality of student information.  If an employee is unsure about the 
        confidential nature of information the employee is considering posting, the 
        employee shall consult with their supervisor prior to making the post.

    6. The Board of Education reserves the right to monitor all employee use of 
 district computers and other electronic devices, including employee blogging and social networking activity.  An employee should have no expectation of personal privacy in any communication or post made through social media while using district computers, cellular telephones or other data services.

    7. An employee may not link a district-sponsored social media site or webpage 
        to any personal social media sites or sites not sponsored by the school   
        district. 

    8. An employee may not use district-sponsored social media communications 
        for private financial gain, political, commercial, advertising, proselytizing or 
        solicitation purpose.

9. An employee may not use district-sponsored social media communications 
        in a manner that misrepresents personal views as those of the Board of 
        Education, individual school or school district, or in a manner that could be 
        construed as such.

B. Rules Concerning Personal Social Media Activity

The Board of Education recognizes and respects the First Amendment rights of its employees and acknowledges that its employees have the right to speak out on matters of public concern through any and all media, including social media.

    1. An employee may not mention, discuss, reference the Board of Education, 
        the school district or its individual schools, programs, or teams on personal 
       social networking sites, unless the employee also states that the post is the 
       personal communication of the employee of the school district and that the 
       views posted are the employee’s alone and do not represent the views of the 
       school district or the Board of Education.

    2. Employees must refrain from mentioning other Board of Education 
        employees or other members of the school community (e.g. parents or 
        others) on personal social networking sites, without such individuals’
        express consent unless the employee is addressing an issue of public 
        concern and the employee’s speech falls under applicable constitutional 
        protections pertaining to the same.

    3. Employees are required to maintain appropriate professional boundaries 
        with students, parents, and colleagues.  For example, it is not appropriate 
        for a teacher or administrator to “friend” a student or otherwise establish special relationships with selected students through personal social media, and it is not appropriate for an employee to give students access to personal postings unrelated to school.

4 . Employees may not use the Board of Education’s logo or trademarks on 
their personal posts.  Please note that this prohibition extends to the use of logos or trademarks associated with individual schools, programs, or teams 
         of the school district.
                                                                                  
    5. Employees are required to use appropriately respectful language in their 
        personal social media posts; and to refrain from harassing, defamatory, 
        abusive, discriminatory, threatening or other inappropriate communications. 
        Such posts would reflect poorly on the school district’s reputation, could 
        affect the educational process and may substantially and materially interfere
        with an employee’s ability to fulfill their professional responsibilities.

    6. Employees are individually responsible for their personal posts on social 
        media.  Employees may be sued by other employees, parents or others, 
        and any individual that views an employee’s social media posts as 
        defamatory, pornographic, proprietary, harassing, libelous or creating a 
        hostile work environment.  Such activities are outside the scope of 
        employment, and employees may be personally liable for such claims.

    7. Employees are required to comply with Board of Education policies and 
        procedures with respect to the use of computer equipment, networks or 
        electronic devices when accessing social media sites.  Any access to 
        personal social media activities while on school property or using school 
        district equipment must comply with those policies, and may not interfere 
        with an employee’s duties at work.

8. The Board of Education reserves the right to monitor all employee use of 
        district computers and other electronic devices, including employee blogging and social networking activity.  An employee should have no expectation of privacy in any personal communication or post made through social media while using district computers, cellular telephones or other electronic devices.

 9. All posts on personal social media must comply with the Board of 
        Education’s policies concerning confidentiality, including the confidentiality 
        of student information.  If an employee is unsure about the confidential 
        nature of information the employee is considering posting, the employee 
        shall consult with their supervisor prior to making the post.

   10. An employee may not link a personal social media site or webpage to the 
         Board of Education’s website or the websites of the individual schools, 
         programs, or teams.

   11. All Board of Education policies that regulate off-duty conduct apply to social media activity, including, but not limited to, policies related to public trust, illegal harassment, code of conduct, and protecting confidential information.

C. Disciplinary Consequences

Violation of the Board’s policies and regulations concerning the use of social media may lead to discipline up to and including the termination of employment consistent with state and federal law.

Legal References:
     The Freedom of Information Act
US Constitution, Amendment I
     Connecticut Constitution, Article I, Sections 3, 4, 14
     Connecticut General Statute 31-48d
     Connecticut General Statute 31-51q
     Connecticut General Statute 53a-182; 53a-183; 53a-250
     Electronic Communication Privacy Act, 28 U.S.C.; 2510-2520
United States Code Title 20675 1-6777 Enhancing Education through Technology Act, Title II, Part D, especially: 6777 Internet Safety
United States Code Title 47
254 Universal Service Discounts (E-Rate)
Code of Federal Regulations: Title 47
54.520 Internet Safety Policy and Technology Protection Measures, E-rate discounts

Revised:    April 25, 2022
Revised:    July 24, 2017
Adopted:       April 27, 2015
 

Personnel

Certified Personnel
Non-Certified Personnel

Electronic Media, Communication/Technology Usage    4118.53
    4155
4255

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As the district grows in its use of technology, it is important that everyone understands that the intended use of technology is to assist all employees and students to be more efficient and productive in the performance of the duties related to their roles.  Therefore, it is imperative that:

All technology, equipment, and software purchased, owned or operated or financed through local and federal grants, or through donations, is to be used for business or approved educational purposes only and is not to be used to transmit, communicate, access or retrieve any obscene, derogatory, defamatory or other inappropriate information, messages, or any materials which violate copyright laws. 

Inappropriate use of technology, including unauthorized personal use, as determined by the Board, the administration or its designee, may result in disciplinary action up to and including termination, suspension or expulsion.

The administration reserves the right to review, audit and disclose all matters transmitted through Board of Education owned or operated technology since such correspondence is regarded as property of the Board.

The Intention of this policy is to encourage and ensure the proper utilization of all technology used for communication purposes.

Some examples of such equipment are, but not limited to: computers, laptops, chromebooks, tablets, telephones, cell phones, audio recorders, video recorders and players, copy machines, and fax machines.

(cf 4118.4/4218.4 Electronic Mail)
(cf 5131.81 Electronic Devices)
(cf Acceptable Use of Technology)  
(cf 6161.7 Use of Proprietary Software Products)  

Revised:    June 27, 2022
            March 12, 2018
            January 27, 2014
 

Personnel

Certified Personnel

Temporary and Part-Time Employment Guidelines    4120

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The Board of Education shall employ such persons as may be needed to conduct the business of the school district in accordance with Board policy, state statutes and regulations of the Commissioner of Education.

The Superintendent of Schools may hire temporary personnel in advance of official action by the Board if such personnel are required to ensure the continuity of the district’s functions and program.  The superintendent shall report such actions to the Board at the first available opportunity at a Board meeting.

Legal Reference Connecticut General Statutes

4-124w Office of Workforce Competitiveness. Responsibilities.
10-21c Donation of teaching services by private sector specialists; neighborhood assistance.
10a-163 Teacher incentive loan program for training in areas of teacher shortages, Eligibility 
    requirements, Loan repayment and forgiveness provisions.
12-631 Definitions.

Revised:    April 25, 2022
Reviewed:    March 11, 2013
    
 

Personnel

Certified Personnel

Substitute Teachers    
4121

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A substitute teacher shall be a person who has earned a Bachelor's Degree, is fully qualified to instruct in our schools and who is employed for short periods of time in the absence of the regular teacher.  The Commissioner of Education may waive requirement for a Bachelor's Degree for good cause upon the request of the Superintendent of Schools.

The Board shall only hire applicants for substitute teaching positions who comply with the reference and background checks as detailed in Policy #4112.51/4212.51 and who comply with the required disclosure requirements and after requesting information from the applicant's prior employers and SDE. The Board shall determine which such persons are employable as substitute teachers and maintain a list of such persons. The Board shall hire only substitutes who are on such list.

Approved substitutes shall remain on such list as long as they are continuously employed by the Board as a substitute teacher, provided the Board does not have any knowledge of a reason that such person should be removed from the list.

Suitable programs for training, assigning, orienting and evaluating the work of substitute teachers shall be provided by the certified staff under the direction of the Superintendent.
Rates of compensation for substitute teachers will be set by the Board of Education.

It will be the responsibility of the Principal or designee to assign a substitute to fill any vacancy by the temporary absence of a regular staff member. The substitute teacher will be selected from a list of approved substitutes furnished by the Superintendent's office.

Only fully certified replacement teachers will be assigned to classes whose regular teachers are on long-term leaves of absence of forty (40) days or more. Principals will attempt to maintain as much continuity as possible by engaging only one substitute for the full period of absence of one teacher and by calling back a substitute to serve in a classroom in which they have already performed successfully.

Substitute teachers will not participate in the health and welfare plans or other fringe benefits of the school system.  

Retired teachers may be employed as substitute teachers without jeopardizing their retirement salary within the limits as prescribed by law.

Legal Reference:  Connecticut General Statutes
10-183v Reemployment of teachers.
10-145a Certificates of qualification for teachers.
June 19 Special Session, Public Act No. 09-1
An Act Implementing the Provisions of the Budget Concerning Education, Authorizing 
State Grant Commitments for School Building Projects and Making Changes to the Statutes Concerning School building Projects and Other Education Statutes. (Section 48) 
Public Act No. 09-6 September Special Session
10-221d Criminal history records checks of school personnel. Fingerprinting. 
Termination or dismissal. (as amended by PA 16-67)
10-222c Hiring policy. (as amended by PA 16-67)

Revised:        April 25, 2022
                October 17, 2016
                March 11, 2013
                    September 11, 2006
 

Personnel

Certified Personnel

Student Teachers    
4122

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The Board of Education endorses participation in undergraduate student teaching programs with colleges and universities for the purpose of training competent future teachers. Student teachers will be accepted on a limited basis and placed according to availability of competent cooperating teachers.
   
The Board of Education authorizes the Superintendent of Schools to approve all prospective student teachers. Decisions to place a student teacher will be determined by the following:
   
    1.  Submission of a regular teacher application including copies of transcripts and references.  
     2.  A screening and interview by the building Principal.  
    3.  Recommendation by the building Principal to the Superintendent of Schools on accepting student teachers with the named cooperating teacher. (Normally no more than one student teacher will be assigned to a cooperating teacher in any given school year.)  
      4.  The Superintendent of Schools may interview prospective student teachers and will make the final decision on acceptance of each student teacher.  
     5.  The successful fulfillment of a criminal background check. 
 
It is the responsibility of the Superintendent of Schools to notify the college or university of acceptance of student teacher(s).

Teachers who cooperate in training student teachers must be:
  
    1.  Tenured;  
      2.  Successful teachers with good to outstanding evaluations;  
     3.  Recommended by the Principal or Core Coordinator;  
     4.  Participating on a voluntary basis.  
 

(cf. 4112.5 – Security Check/Fingerprinting)

Legal Reference:  Connecticut General Statutes  
10-221d Criminal history records checks of school personnel. Fingerprinting. 
Termination or dismissed. (as amended by PA 01-173, PA 04-181 and June 19 Special Session, Public Act No. 09-1)
29-17a Criminal history checks. Procedure. Fees.

Reviewed:     April 25, 2022
            July 24, 2017
Revised:    June 24, 2013
 

Personnel

Certified Personnel

Consultants    
4126

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The Board of Education encourages the use of consultants when it is clear they can provide valuable and necessary specialized services not required on a continuing basis and which cannot be provided by district personnel because of limitations of time, experience, or knowledge.

Funds for consultant help should be budgeted in planning specific projects or programs and will be charged to appropriate budget categories.

Reviewed       May 9, 2022
Reviewed:    July 24, 2017
            March 11, 2013

Personnel

Certified Personnel

Staff Development    4131

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"Staff development" is viewed by the Board of Education (Board) as a continuous systematic effort to improve educational programs in this school district through (1) staff involvement in organized program planning, implementation and evaluation efforts, and (2) activities to upgrade the skills, knowledge and ability of educators to improve student learning.
 
Each certified employee shall annually participate in a program of professional development, of not fewer than eighteen hours in length, of which a preponderance is in a small group or individual group settings. The professional development program shall:

1.  be a comprehensive, sustained and intensive approach to improving teacher and administrator effectiveness in increasing student knowledge achievement;  
 
2.  focus on refining and improving various effective teaching methods that are shared between and among educators;  
  
3.  foster collective responsibility for improved student performance, and  

4.  be comprised of professional learning that is aligned with  rigorous state student academic achievement standards, conducted at the school among educators and facilitated by principals, coaches, mentors and distinguished educators or other appropriate teachers, occurs frequently on an individual basis or among groups of teachers in a job-embedded process of continuous improvement and includes a repository or best practices for teaching methods developed by educators within each school   that is continuously available to such educators for comment and updating; and
5.  include training in culturally responsive pedagogy and practice.

The principles and practices of social-emotional learning shall be integrated throughout the components of such program of professional development described in items 1 through 5 above.

Staff development experiences, made available by the Board directly, or through a RESC, with another Board of Education or through a provider approved by the Commissioner, and shall be consistent with any goals identified by the certified employees and the Board.

The Board believes that staff development experience should be comprehensive, sustained, and intensive enough to improve teacher and administrator effectiveness in raising student performance, and foster collective responsibility for improved student performance.

Teachers must constantly review curricular content, teaching methods and materials, educational philosophy and goals, social change and other topics related to education to enhance the capabilities of educators to improve student learning. The Board of Education recognizes that it shares with its certified staff responsibility for the upgrading and updating of teacher performance and attitudes. The Board of Education and teachers' organizations support the principle of continuing training of teachers and the improvement of instruction.

All employees shall be provided opportunities for the development of increased competence beyond that which they may attain through the performance of their assigned duties.

The Board, in order to determine its professional development program seeking the advice and assistance of teachers, shall establish a professional development committee consisting of certified employees.  Committee membership shall consist of at least one representative from each of the teachers' and administrators' unions and other school personnel the Board deems appropriate. The duties of the committee shall include, but not be limited to, participation in the development of a teacher evaluation and support program for the District, the development, evaluation and annual  updating of a comprehensive local professional development plan, in fulfillment of the statutes, for certified employees of the District.  Such plan shall (1) be directly related to the educational goals proposed by the Board pursuant to C.G.S. 10-220(b), and (2) be developed in full consideration of the priorities and needs related to student social-emotional learning pursuant to C.G.S. 10-148a, as amended, and student outcomes as determined by the State Board of Education, and (3) provide for the ongoing and systematic assessment and improvement of both teacher evaluation and professional development of the Board's professional staff members, including personnel management and evaluation training or experiences for administrators, shall be related to regular and special student needs and may include provisions concerning career incentives and parent involvement.

The members chosen by the Board to be on the professional development and evaluation committee shall serve at the pleasure of the Board.

Special effort shall be made to prepare teachers and other school personnel to meet the needs of students of diverse cultural and ethnic backgrounds. Planning and implementation of such programs shall be done cooperatively by administration, teachers and parent advisory groups.  Special effort shall also be given to administrators and/or supervisors in training pursuant to their obligations in the evaluation of the teacher.

Staff development activities should respond directly to the educational needs of the student body.

The in-service program shall fulfill all applicable statutory requirements, especially those delineated in CGS 10-220a, as amended.
Such in-service training program for certified staff shall provide information on (1) the nature and the relationship of drugs and alcohol to health and personality development and procedures for discouraging their abuse, (2) health and mental health risk reduction education that includes, but need not be limited to, the prevention of risk-taking behavior by children and the relationship of such behavior to substance abuse, pregnancy, sexually transmitted diseases, including HIV-infection and AIDS, violence, teen dating violence, domestic violence and child abuse, (3) school violence prevention, conflict resolution, the prevention of an response to youth suicide and the identification, prevention of and response to bullying, (4) cardiopulmonary resuscitation and other emergency life-saving procedures, (5) the requirements and obligations of a mandated reporter, and (6) the detection and recognition of, and evidence-based structured literacy interventions for, students with dyslexia, as define in CGS 10-3d.

The Board will allow any noncertified employee of the District to participate, on a voluntary basis (unless otherwise stated in their collective  bargaining agreement) , in any in-service training program provided to certified staff on those topics mandated per C.G.S. 10-220a, subsection (a).
  
The District, as required, will participate in compliance audits of the professional development program, as required and conducted to the State Department of Education.
  
The Superintendent or designee is to report annually to the Board of Education on the professional development program and its effect with recommendations for changes as needed.

Professional Development Pertaining to Human Trafficking

The Board, in compliance with PA 17-32, shall provide training pertaining to human trafficking to those staff members who have contact with students. All of these individuals must complete the initial educational training as soon as possible (no later than six months after being hired) and a refresher training annually thereafter.  This training shall use the training program, which includes a video presentation, developed by the Department of Children and Families (DCF) pertaining to the awareness of human trafficking issues and how to accurately and promptly identify and report suspected human trafficking.

(cf. 4115 - Evaluation)
   

 Legal Reference:   Connecticut General Statutes  
     10-27 Exchange of professional personnel and students.  
10-220a In-service training. (amended by PA 04-227, PA 08-160, June 19 Special Session, Public Act No. 09-1 and PA 10-91 and PA 12-116, PA 13-145, PA 15-215, PA 17-37 and PA 19-100 and PA 21-46)
     10-153b Selection of teachers' representatives  
     10-226f Coordinator of intergroup relations.  
     10-226g Intergroup relations training for teachers.  
     10-145b Teaching certificates (as amended by PA 01-173)
10-148a Professional development (as amended by PA 17-37 and PA 19-100 and PA 21-46)

10-151(b) Employment of teachers. Definitions. Tenure 

PA 17-32 An Act Concerning Human Trafficking
PA 17-37 An Act Implementing the Recommendations of the Task Force on Professional Development and In-service Training Requirements for Educators

  

Revised:    May 9, 2022
            May 13, 2013
            
  
 
 

Personnel    4132
Certified Personnel
Publication or Creation of Materials

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Staff members are encouraged to contribute professional articles and news items to local, State, and national agencies. As a matter of professional ethics, all professional articles should be cleared through the office of the Superintendent of Schools in the event that the school system or any of its separate departments is mentioned.
The school system retains the right to legal claim on all products created by its employees on the job with the assistance of school system funds.

(cf. 4132.1 - Copyrights and Patents)
   

Policy Revised:    May 9, 2022
Policy Adopted:     November 13, 2017

Personnel

Certified Personnel

Travel Reimbursement    4133/4233

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At a mileage rate established by the Internal Revenue Service, the Board of Education shall reimburse employees and officials of the district for approved use of private vehicles in the course of performing job related responsibilities.

Revised:    May 9, 2022
Reviewed:    March 11, 2013
 

Personnel

Certified Personnel

Tutoring    4134

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In accordance with standard professional ethics, no teacher shall privately teach (tutor) students of any school where such teacher has classes. This shall not apply to teachers of homebound children employed by the Board of Education.  The instruction of students in a teacher’s class shall be part of their regular duty.  These students shall be entitled to all reasonable amount of time that is needed or can be given to them.  

Legal Reference:
Connecticut General Statutes
53-392a - 53-392e All related to academic crimes.
53-392b Preparation of assignments for students attending educational institutions prohibited.

Revised:    May 9, 2022
            July 24, 2017
                      May 13, 2013
 

Personnel

Certified Personnel

Employee Organizations/Units    

                                                                                                           4135/4235

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Employee/Board of Education Relationships
Providing a high-quality education for children is the paramount aim of this school system, and good morale in the teaching staff is necessary for the best education of the children. Therefore, the Board of Education encourages participation of staff members in activities of their professional organizations and encourages organizations to exercise their rights and responsibilities clearly established by law:
1.  The Board of Education, under law, has the final responsibility of establishing policies for the school system.
2.  The Superintendent and staff have the responsibility of carrying out the policies established.
3.  The certified teaching personnel have the ultimate responsibility for providing excellent education in the classroom.

Attainment of Goals
Attainment of the goals of the educational program conducted in the schools of the district requires mutual understanding and cooperation between the Board of Education, the Superintendent and administrative staff, the certified personnel, the non-certified personnel and other citizens of the community.  Free and open exchange of views is desirable, proper and necessary.

Employee Organizations:  All employees are free to join or not to join employee organizations. Decisions affecting the individual employee are made without regard to membership or non-membership in such organizations.  Each employee is entitled to their individual legal or ethical rights and privileges.

Employees shall not be interfered with, intimidated, restrained, coerced or discriminated against, either by the school district or by employee organizations. They shall have the right to participate through representatives of their own choosing in the presentation of their views to the Board of Education.

Legal Reference:
Connecticut General Statutes
10-153a Rights concerning professional organization and negotiations.
10-153b Selection of teachers' representatives.
10-153c Disputes as to elections.
10-153e Strikes prohibited. Interference with the exercise of employees' rights prohibited.
46a-60 Discriminatory employment practices prohibited.
June 2017 Special Session PA 17-2, Section 157
Janus v. AFSCME Council 31.585 U.S.    138 S. CT. 248 (June 27, 2018)

Revised:         May 9, 2022
Reviewed:    May 13, 2013
 

Personnel

Certified Personnel

Communications with Board of Education
                                                                                                     4135.2

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Communications between the Board of Education and the staff shall be carried out through the Superintendent of Schools.  At times it may be beneficial and necessary for a direct conference to be arranged between these two groups amid areas of mutual concern.  In such cases the following guidelines shall be followed:

Meetings between the Board or Committees of the Board and a staff committee will be arranged by the Superintendent.
Requests for meetings with the Board shall be made in writing to the Superintendent and should include agenda items. These requests shall be brought to the attention of the Board by the Superintendent.
Issuance of publicity releases and the substance of such releases resulting from such meetings shall be approved by both groups.
If it is deemed desirable to invite representatives from outside either group as observers or consultants, such invitations shall be issued with the advance knowledge of the group concerned and approval of the Board.

Policy Adopted:  May 23, 2022
 

Personnel

Certified Personnel

Staff Complaints and Concerns    
                                                                                                     4135.4/4235.4

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Procedures to settle personnel differences shall provide for prompt and equitable resolution of disagreements at the lowest possible administrative levels, and each employee shall be assured opportunity for an orderly presentation and review of complaints and concerns without fear of reprisal.

If unresolved, each employee will be assured the opportunity for an orderly presentation at the next highest level and review of complaints and concerns without fear of reprisal.  If requested, the Board of Education may choose to hear the complaint.

Reviewed    May 9, 2022
Revised:    May 13, 2013
 

Personnel

Certified Personnel

Non-school Employment    4138/4238

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School personnel may work in outside activities as long as these activities do not interfere with the proper discharge of assigned school district duties, do not constitute a conflict of interest, or do not cause poor public relations within the community.  It is expected that any outside activity should be carried out in a professional and ethical manner.  

Reviewed:    May 9, 2022
Revised:    July 24, 2017
        May 13, 2013

Personnel 

Certified Personnel 

Employee Safety and Protection                                                                                                                                                                            4148/4248

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Employees are entitled to work under safe conditions and should familiarize themselves with safety techniques and precautions. 

Legal Protection of Employer

As required by the General Statutes, the Board of Education shall indemnify Board members and employees. 

Use of Physical Force

An employee may use reasonable force as is necessary to protect themselves from attack, to protect another person or property, to quell a disturbance threatening physical injury to others, or to obtain possession of weapons or other dangerous objects upon the person or in the control of a student. 

Physical Assaults or Threats on School Personnel: Employees shall immediately report cases of assault suffered by them in connection with their employment to their principal or other immediate superior. Such notification shall be forwarded immediately to the Superintendent who shall comply with any reasonable request from the employee for non-confidential information in the possession of the Superintendent relating to an incident or the persons involved, and shall act as liaison between the employee, the police and the courts. 

The Superintendent shall maintain records of any assaults for required reports to the Commissioner of Education. 

The employee may also, at their discretion, file a complaint with the local police.  No school administrator shall interfere with the right of a teacher or other school employee to file a complaint with the local police authority in cases of threats of physical violence or actual physical violence against such teacher or employee. 

As required by law, the Board of Education will file a report annually with the State Board of Education indicating the number of threats and physical assaults made by students upon teachers, administrators, and other school personnel and the number of physical assaults involving dangerous weapons made by students upon other students.

If criminal or civil proceedings are brought against an employee alleging that the employee committed an assault in connection with their employment, such employee may request the Board of Education to furnish legal counsel to defend the employee in any civil action or proceeding brought against the employee, within the limits set by law. 

Section 52-557b of the General Statutes provides that a teacher or other school personnel on the school grounds, in a school building, or at a school function who renders emergency first aid to a person in need thereof shall not be liable to such person assisted for civil damages for any personal injuries which result from acts or omissions by such person in rendering the emergency first aid, which may constitute ordinary negligence.

Such immunity does not apply to acts or omissions constituting gross, willful or wanton negligence. 

Legal References: 
Connecticut General Statutes 
10-233b Removal of pupils from class 
10-233c Suspension of pupils. 
10-233g Boards to report school violence. Reports of principals to police authority. 
10-235 Indemnification of teachers, board and commission members and employees in damage suits; expenses of litigation. 
10-236 Liability insurance. 
10-236a Indemnification of educational personnel assaulted in the line of duty. 
52-557b Immunity from liability for emergency medical assistance, first aid or medication by injection. School personnel not required to administer or render. 
53a-18 Use of reasonable physical force or deadly physical force generally. 
53a-19 Use of physical force in defense of person.

Revised:          May 9, 2022
        October 27, 2014

 

Personnel

Certified Personnel

Leaves    4150/4250

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Employed personnel of the school district may need to be absent for several reasons:
  
1.  Those beyond their control, such as personal sickness or injury, jury duty, military service or emergencies;  
 
2.  Those governed by compassion or conviction, such as family illness, bereavement, and other personal reasons;  
 
3.  Those stemming from occupational status such as attendance at meetings, conventions, in-service courses and seminars, and other patterns of additional study;   
 
    4.  Those provided by scheduled vacations.  
 
The Board of Education recognizes that absences for such reasons are justifiable and will provide for employee absences as authorized by law and negotiated agreements with bargaining units.
  
 
Legal Reference:    Connecticut General Statutes  
             1-4 Days designated as legal holidays.  
             10-156 Sick leave.  
                                       10-156b Tenure and sick leave rights of teacher on regionalization of school and dissolution of regional school district.  
              10-156c Military leave.  
             10-156d Reemployment after military leave.
  
 

 

Reviewed:    June 27, 2022
Reviewed:    March 12, 2018
Revised:    June 24, 2013
        June 9, 2003
        June 24, 2002
        

Personnel

Certified Personnel 
Non-Certified Personnel

Family and Medical Leave (FMLA)                              4152.6/4252.6

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In accordance with the Federal Family and Medical Leave Act of 1993, as amended, (hereinafter referred to collectively as “FMLA”), eligible employees may take a leave of absence for certain designated reasons. This policy presents a general overview of FMLA entitlements and requirements and should be interpreted consistently with such entitlements and requirements.  If this policy conflicts with applicable federal or state law, applicable law controls.

I.    EMPLOYEE ELIGIBILITY:

Employee must have worked for the Board for a minimum of twelve (12) months, and

Employee must have worked at least 1,250 hours during the 12-month 
      period prior to the start of the FMLA leave; a school paraeducator must 
have worked at least 950 hours during the previous 12 month period.    
Only hours actually worked – regular worked time plus overtime – count 
towards this requirement.  Paid leave (such as vacation, sick leave, 
holidays) and unpaid leave, including FMLA leave, are not included.

C.    Unpaid family and/or medical leaves may be granted for the following reasons:

Serious Health Condition of Employee, Employee’s Child, Parent or Spouse  

To be considered a serious health condition, the condition must be an 
illness, impairment or physical or mental condition that involves 
inpatient or outpatient care.  Inpatient care generally involves 
treatment at a hospital, hospice, or residential medical care facility.  
Outpatient care generally requires continuing treatment by a health 
care provider.

Birth, Adoption or Foster Care Placement.

To Serve as an Organ or Bone Marrow Donor.

Serious Injury or Illness of a Covered Service Member.

An employee who is a spouse, son, daughter, parent or next of kin of a 
covered service member is eligible to take family leave to care for the 
serious injury or illness of such individual.

To be considered a serious injury or illness, it must be an injury or 
illness incurred by the service member in line of duty on active duty in 
the Armed Forces that may render the member medically unfit to 
perform the duties of the member’s office, grade, rank or rating.

Because of a Qualifying Exigency.

An employee whose spouse, son, daughter or parent is on active duty 
(or has been notified of an impending call or order to active duty) in the
 Armed Forces in support of a contingency operation is eligible to take 
family leave for the following qualifying exigencies: (1) short-notice 
deployment; (2) military events and related activities; (3) childcare and 
school activities; (4) financial and legal arrangements; (5) counseling; 
(6) rest and recuperation; (7) post-deployment activities; and (8) other 
activities which arise out of the covered military member’s active duty 
or call to active duty status that the employer and employee agree 
qualify as an exigency and agree as to the timing and duration of such 
leave.

II.    EMPLOYEE OBLIGATIONS:

Employees are required to use their available paid time off during a family or medical leave of absence for any reason. That portion of the leave of absence that is used under these conditions will be with pay according to Board policies and/or any applicable collective bargaining agreement.

While as stated above, all accrued paid time off must be used before an employee is eligible to utilize any unpaid family or medical leave, an employee will not be required to utilize any such paid leave during an FMLA leave if she/he is simultaneously receiving payments under the Board’s Short Term Disability Plan (if any) or Workers’ Compensation laws (as applicable). 

The maximum amount of family and medical leave allowed, whether it includes paid and/or unpaid leave or whether it includes time off during which an employee is receiving payments under either the Board’s Short Term Disability Plan or the Workers’ Compensation laws, will not exceed the maximum leave entitlement as described below.

Since the purpose of leave under this policy is to enable employees to maintain their ability to continue employment with the Board, an employee may not work elsewhere while on FMLA leave during their regularly scheduled hours, unless otherwise required by applicable law.

When planning medical treatment or seeking intermittent leave, the employee must consult with the Superintendent or designee and must make a reasonable effort to schedule the treatment or intermittent leave so as to avoid unduly disruptive effects on the Board’s operations.  

Employees needing FMLA leave must, at a minimum, follow the Board’s usual and customary call-in procedures for reporting an absence, absent unusual circumstances.

Whenever an eligible employee’s medical or family leave is foreseeable based upon an expected birth, placement for adoption or foster care, or planned medical treatment, or to care for others, the employee should provide as much advance written notice as practicable, but must provide at least thirty (30) days advance written notice to the Superintendent or designee.  If such prior notice is impossible, as in the case of an unforeseen medical emergency or qualifying exigency, an eligible employee must provide notice as soon as practicable after they learn of the need for the leave (typically within one or two working days of learning of the need for leave). Failure to comply with these notice rules is grounds for, and may result in, deferral or denial of the requested leave.

All leaves due to a serious health condition of an eligible employee, or an eligible employee’s son/daughter, parent or spouse, or due to a serious injury or illness of a covered service member, must be accompanied by a medical certification from the appropriate health care provider identifying, among other things, appropriate medical facts regarding the condition and its probable duration.  Such medical certification must be provided before the leave begins, or in any event, within fifteen (15) days after the leave begins, unless the employee can demonstrate that it is not practicable to do so despite their good faith efforts.  Failure to comply with these medical certification requirements is grounds for, and may result in, deferral or denial of the requested leave. 

Subsequent medical re-certification will be required by the Superintendent or  designee as necessary, but no more than once every thirty (30) days after receipt of the initial medical certification. 

All leaves due to a qualifying exigency must be accompanied by a certification as has been prescribed by the Secretary of Labor. 

In response to a request for leave necessitated by the serious health condition of the employee or others, the Board may require the employee to obtain a second opinion from a health care provider selected and paid for by the Board. 

While on leave, employees are, at a minimum, required to report on the 1st day of each month to the Superintendent or designee regarding the status of the family or medical condition(s) and their intent to return to work. 

Under Board policy, employees are required to provide at least two (2) weeks of advance notification of the date they intend to return to work from a leave of absence provided for under this policy. 

III.    MAXIMUM LEAVE ENTITLEMENT:

The maximum FMLA leave entitlement for employees eligible under this policy is twelve (12) weeks in the one-year period measured from the date of the employee’s first day of FMLA leave due to: (1) the serious health condition of the employee or the employee’s child, parent or spouse; (2) birth, adoption or foster care placement; (3) service as an organ or bone marrow donor; or (4) a qualifying exigency.  

The maximum FMLA leave entitlement for employees eligible under this policy due to the serious injury or illness of a covered service member is twenty-six (26) weeks in the one-year period measured from an employee’s first day of FMLA leave taken. 

c.  The maximum entitlements for FMLA leave stated herein do not afford 
     eligible employees who have multiple qualifying reasons the ability to take
     more leave than they otherwise would be entitled to take for a single 
     qualifying reason during the applicable time period.   

Any absences that qualify as FMLA leave runs concurrently with an absence under the Board’s Short Term Disability Plan (if any) and/or Workers’ Compensation laws (as applicable). 

Any time spent performing “light duty” work does not count against an employee’s FMLA leave entitlement, whether such “light duty” work has been required by the Board or requested by the employee.  Therefore, any employee’s right to restoration of their job is held in abeyance during the period of time (if any) the employee performs light duty (or until the end of the applicable FMLA leave period).

F.  1.    When a husband and wife are both eligible employees of the Board, they are each individually eligible to receive the maximum leave time allowable for: 

their own serious health condition or the serious health condition of a son/daughter or spouse;

a qualifying exigency;  

 2.    When a husband and wife are both eligible employees of the Board, they are eligible in the aggregate for the maximum leave allowable to one individual eligible employee for purposes of family leave taken due to:

the birth, adoption or placement of a son/daughter;

 the serious health condition of a parent; or 

the serious injury or illness of a covered service member (or for a combination of leave taken for this reason and any other qualifying reason.  

G.  1.    An eligible employee may take intermittent leave or leave on a reduced schedule (up to the amount of the maximum leave entitlement) when medically necessary due to the employee’s own serious health condition, or the serious health condition of the employee’s son/daughter, parent or spouse, or due to the serious injury or illness of a covered service member. An eligible employee may further take intermittent leave or leave on a reduced schedule (up to the amount of the maximum leave entitlement) due to a qualifying exigency. Employees seeking to take intermittent leave or leave on a reduced schedule are subject to the same notice, medical certification and other employee obligations identified above. In addition, if such intermittent or reduced schedule leave is requested, the Board reserves the right to temporarily transfer the employee to an available alternative position with equivalent pay and benefits (but not necessarily equivalent duties) that better accommodates this type of leave. 

Intermittent or reduced schedule leave may not be taken upon the birth, adoption or foster care placement of an employee’s son/daughter unless agreed to by the employee and the Board.

There is no obligation under the FMLA to guarantee an employee’s original job or an equivalent position beyond the maximum period specified above.

IV.    MAINTENANCE OF HEALTH BENEFITS:

An eligible employee’s medical benefits will continue during a FMLA leave of absence up to the maximum amount of leave afforded under this policy. While on paid leave, if any, the Board will continue to make payroll deductions to collect the employee’s share of the medical insurance premiums. While on unpaid leave, the employee must continue to pay their share of the medical insurance premiums, either in person or by mail. The payment must be received as directed by the Board. Failure of the employee to pay the premium may result in loss of coverage.

Employees have a thirty (30)-day grace period in which to make required premium payments.  If payment is not timely made, health insurance coverage may be cancelled, if the employee has been notified in writing at least fifteen (15) days before the date that coverage would lapse.  At the Board’s option, the Board may pay the employee’s share of the premiums during FMLA leave if the coverage were to lapse due to failure of the employee to make timely payments, and then recover such payments from the employee, through payroll deduction or other means of repayment agreed upon between the Board And the employee, upon the employee’s return to work. 

Should an employee’s health insurance lapse due to non-payment while on FMLA leave, the Board will again provide health insurance benefits according to the applicable plans when the employee returns from the leave of absence.

If an employee does not return to work following FMLA leave for a reason other than: (1) the continuation, recurrence, or onset of a serious health condition (or serious injury or illness in the case of a covered service member) which would otherwise render the employee eligible for FMLA leave; or (2) other circumstances beyond the employee’s control, the Board reserves the right to seek reimbursement from the employee for the Board’s share of any health insurance premiums paid on the employee’s behalf during the employee’s FMLA leave.

V.    RIGHTS UPON RETURN FROM LEAVE:

If an employee is considered a “key employee” as defined in the FMLA, restoration to employment may be denied following FMLA leave if restoration will cause substantial and grievous economic injury to the Board.  

If an employee is not a “key employee” as defined in the FMLA, upon the conclusion of an FMLA leave (or the expiration of the maximum family or medical leave provided by law, whichever occurs first), s/he may return to work with all seniority, retirement or fringe benefits they had at the commencement of such leave. There will be no accruals of such benefits (including paid time off) during an FMLA leave.

If an employee is not a “key employee” as defined in the FMLA, upon the conclusion of an FMLA leave (or the expiration of the maximum family or medical leave provided by law, whichever occurs first), they will be reinstated to the same position they held prior to such leave or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. If an employee is medically unable to perform his/her prior job, they will be offered work suitable to their physical condition, if such work is available, at the pay rate appropriate to that job.

If an employee cannot return to work at the expiration of the maximum FMLA leave allowed, the Board has no obligation under the FMLA to restore an employee to any position. An employee on leave or returning from leave has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the leave period.

VI.    FITNESS FOR DUTY CERTIFICATION:

In accordance with applicable law and Board policy governing returns to work after a medical absence, employees returning to work after a medical leave due to their own serious health condition (other than an employee taking intermittent leave or leave on a reduced schedule) must present a fitness-for-duty certification from their health care provider to the Superintendent or designee prior to their return to employment. 

If there are any medical restrictions upon an employee’s return to work, the health care provider should state these restrictions in the certificate provided.  It is the employee’s responsibility to notify the Superintendent or designee of any such restrictions prior to the employee’s return to work. 

Employees will not be eligible to return to work after a medical leave without being medically cleared to do so.  In addition, the Board reserves the right to have its own health care provider and/or the Superintendent or designee contact the employee’s health care provider for purposes of clarification of the employee’s fitness to return to work certification.  Under no circumstances will an employee’s direct supervisor make contact with the employee’s health care provider for purposes of determining fitness for duty (or any other medical certification issue pertaining to FMLA).

VII.    SPECIAL RULES FOR INSTRUCTIONAL EMPLOYEES:

Notwithstanding the above, special rules affect the taking of intermittent leave, leave on a reduced schedule, or leave near the end of an academic term/semester by instructional employees.   

Instructional employees are those whose principal function is to teach and include teachers, athletic coaches, driving instructors, and special education assistants (such as signers for the hearing impaired).  These special rules do not apply to teacher assistants or aides who do not have as their principal job actual teaching or instructing, nor do they apply to auxiliary personnel such as counselors, psychologists or curriculum specialists.

If an eligible instructional employee needs intermittent leave or leave on a reduced leave schedule to care for a covered family member with a serious health condition, or a covered service member, or for the employee’s own serious health condition, which is foreseeable based on planned medical treatment, and the employee would be on leave for more than twenty percent of the total number of working days during which the leave would extend, the Board may require the employee to choose between: 1. being temporarily transferred to a position outside of the classroom which has equivalent pay and benefits; or 2. taking continuous leave for the entire period rather than a leave on an intermittent basis.

If an eligible instructional employee is scheduled to return from leave near the end of the school year, they may be required to extend the leave through the end of the term/semester (with pay) if they would have returned within the last two (2) or three (3) weeks of the semester’s end, depending on when the leave began and its duration.  This applies in three (3) instances: 1. when an eligible instructional employee begins a leave of absence of at least three (3) weeks duration more than five (5) weeks before the end of the semester, and they are scheduled to return to school during the last three (3) weeks of such semester; 2. when an eligible instructional employee begins a leave of absence of at least two (2) weeks duration within the five (5) week period preceding the end of the semester, and they are scheduled to return to school during the last two (2) weeks of such semester; and 3. when an eligible instructional employee begins a leave of absence of at least five (5) days duration within the three (3) week period preceding the end of the semester.  In each of these three (3) instances, the Board may require the employee to extend their leave until the end of the semester in order to afford the employee the needed leave without interrupting the education process at a critical point in the school year.  In such cases, the eligible instructional employee possesses the same rights to reemployment and continuation of health benefits as stated above.

Legal Reference:

The Family and Medical Leave Act of 1993, as amended. 29 U.S.C. §2601 et seq.

Public Act 12-43

Revised:    June 27, 2022
             June 25, 2018
December 10, 2012
 

Personnel

Certified Personnel
Non Certified Personnel

Vacations and Holidays    4153/4253

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General:  Vacation and holiday practices shall be in accordance with employee negotiated agreements and this policy.  In case of conflict between policy and agreements, provisions of negotiated agreements shall prevail.

Vacation time/days for 11 or 12 month employees will be granted only at times of the year when such vacation days will not interfere with the normal operation of the school system.

All applications for vacations are subject to final approval by the Superintendent.

Legal Reference:
Connecticut General Statutes
1-4 Days designated as legal holidays.

Reviewed:    June 27, 2022
        March 12, 2018
        September 23, 2013

Personnel

Non-Certified Personnel

Staff Planning - Creation of Positions/Recruitment, Screening, and Selection 
4211

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Staff Planning and Creation of Positions:  It is the responsibility of the Superintendent of schools to identify, plan for, and recommend to the Board a personnel plan for the school system.  Non-certified support staff who serve as secretaries, clerks, custodians, maintenance employees, cafeterias workers, and other support staff personnel are vital to the school system.

Support staff positions shall be established by the Board of Education after reviewing the Superintendent’s proposed job descriptions which delineate duties and responsibilities of the position and the qualifications necessary.

Recruitment, Screening, and Selection:  The Superintendent of Schools shall maintain an effective recruitment program to attract, secure, and retain high quality personnel for all certified and non-certified support staff positions.  The recruitment program shall seek candidates who will devote themselves to the education and welfare of children in the public schools.

No inquiry in regard to an employee’s race, color, religion, sex, sexual orientation, gender identity/expression, national origin, ancestry, disability, (including, but not limited to, intellectual disability, past or present history of mental disorder, pregnancy, physical disability or learning disability), genetic information, marital status, age, Veteran’s status or because of the race, color, religion, sex, sexual orientation, gender identity or expression, national origin, disability, genetic information, marital status or age of any other persons with whom the individual associates be made of a person proposed for or seeking employment. 

Fit condition for employment is required as outlined in Job Descriptions.

Legal Reference:        Connecticut General Statutes
46a-60 Discriminatory employment practices prohibited.
46a-81c Sexual orientation discrimination: Employment.
Title VII, Civil Rights Act, 42 U.S.C. 2000e et seq.
10-153 Discrimination on account of Marital Status
10-220 Duties of Boards of Education
Title IV Equal Employment Opportunities

Revised:    June 27, 2022
            October 30, 2017
 

Personnel

Non-Certified Personnel

Equal Employment Opportunity
4211.1

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Equal Employment Opportunity:  The Vernon Board of Education (“Board”) affirms its commitment to equal employment opportunities for all applicants for positions within the school system and directs that recruitment, appointment and hiring comply with all state, federal and local laws pertaining to fair employment practices.  As an equal opportunity employer, the Board does not discriminate on the basis of race, color, religious creed, age, veterans’ status, genetic information, marital status, national origin, ancestry, sex, sexual orientation, gender identity or expression, pregnancy, physical disability, or any other category protected by state or federal law towards the employment of any individual who can perform the essential functions of the job with or without reasonable accommodations (except in the case of a bona fide occupational qualification or need.)  

Affirmative Action:  The Board commits itself to providing a staffing environment and  selection of instructional programs which expose students to a broad range of concepts and ideas.  The Board’s affirmative action guidelines shall be consistent with Board policy on Equal Employment Opportunity, encouraging the recruitment and employment of highly qualified people to reflect the diverse population of the community.

The Superintendent of Schools (“Superintendent”), or a staff member designated by the Superintendent as Affirmative Action Officer, is ultimately responsible for  ensuring the establishment, maintenance and implementation of employment practices that effectuate the intent of this policy and also to bring to the attention of the Superintendent and/or Board, as applicable, any issues which impede the Board’s efforts to comply with Affirmative Action laws.

The Superintendent/Affirmative Action Officer will annually report to the Board on the impact of the Affirmative Action Policy’s progress towards achievement of the goals of the policy.

Review and Evaluation:
All Board administrators and/or supervisors bear responsibility for compliance with this policy within their own school and/or department.  
The Affirmative Action program will be continually evaluated to ensure that reasonable diversity is maintained within the school system’s staff.

The Superintendent will ensure that diversity employment statistics will be made available for their review before May 1st of each year. In June of each year, the Superintendent will present a report to the Board, indicating the trends, needs, accomplishments, and any necessary revision recommendations in the approach to implementing the goals of this policy.

Grievance Procedures:
Applicants:  Any applicant who feels they have been subject to discrimination in the job selection process may contact the.  If the complaint cannot be remedied by the Administration or Board, the applicant should contact the Connecticut Commission on Human Rights and Opportunities.  

Current Employees:  Employees capable of performing the essential functions of the job with or without reasonable accommodations (except in the case of a bona fide occupational qualification or need), who feel they have been subject to discrimination because of race, color, religious creed, age, veterans’ status, genetic information, marital status, national origin, ancestry, sex, sexual orientation, gender identity or expression, pregnancy, physical disability, or any other disability status protected by state or federal law, in any personnel action, including but not limited to, classification, compensation, training, or employment, may initiate an affirmative action complaint under this policy.  The individual should bring the complaint in writing to the Superintendent or Affirmative Action Officer.
 
Legal Reference:
    Connecticut Constitution
    Constitution of the State of Connecticut, Article I, Section 20
 
    Connecticut General Statutes
    4a-60    Nondiscrimination and affirmative action provisions in awarding agency, municipal 
        public works and quasi-public agency project contracts.   
    4a-60a    Provisions re nondiscrimination on the basis of sexual orientation required in 
        awarding agency, municipal public works and quasi-public agency project contracts.  
    10-153    Discrimination on the basis of sex, gender identity or expression or marital status 
        prohibited.
    46a-60    Discriminatory employment practices prohibited.
    46a-81a-r Sexual orientation discrimination.
 
    Federal
    Title II of the Genetic Information Nondiscrimination Act of 2008
    Title VII, Civil Rights Act 42 U.S.C. 2000e, et seq.
    Executive Pay Act of 1963, 29 U.S.C. 206 (d)
    The Vietnam Era Veteran’s Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 
        #§4212
    Meritor Savings Bank FSB v. Vinson, 477 U.S. 57 (1986)

Revised:  June 27, 2022
              September 12, 2011
 

Personnel

Non-Certified Personnel

Selection, Appointment, Hiring of Staff    
4212

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The Superintendent of Schools is authorized to hire non-certified staff for positions authorized by the Board of Education and shall report such hires to the Board.

The Superintendent shall ensure that all personnel employed or recommended to the Board meet district requirements for the position and state requirements for fingerprinting and other criminal records checks.

(cf. 4211 Staff Planning/Creation of Positions/Recruitment, Screening, and Selection)

(cf. 4218.11 Non-Discrimination)

Revised:    June 27, 2022

 

Personnel

Non-Certified Personnel

Provisions of Collective Bargaining or Non-Affiliated Agreements/Contracts 4212.1*

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*The policy and/or regulation is the same for certified and non-certified personnel.

See page 4112.1.

Revised: March 11, 2013

Personnel                                       
4112.4/4212.4

Certified/Non-certified
Health Examinations 

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The Board, in conjunction with the Superintendent or designee, shall develop a list of employment categories for which various health and physical examinations will be required. Information from these exams may be required of applicants for positions with the school system or from those already employed. The costs associated with some examinations may be fully or partially absorbed by the Board.  Information about the examinations required and cost reimbursements which might be available should be obtained from the Superintendent’s office. 

The following is a general statement concerning physical examinations and is intended only to indicate the type of information medical examination reports may be expected to contain. 

Physical Examinations: 

Potential Employees: Each potential employee, must submit a report from a physical examination which shall include, but not be limited to, information on the following: 
1. Tuberculosis (TB) skin test, which if positive is to be followed by a chest X-ray. 
2. Drug tests. 
3. The presence of communicable diseases. 

The applicant may submit such a report from a physical examination held within 6 months prior to assuming his/her duties. If such a report is not available, the potential employee shall have a physical examination by a physician of choice at least thirty (30) days prior to beginning work in the district. The results of such examination shall be recorded by the examining physician on the form provided by the school and shall be retained in the employee's medical file. 

Current Employees: As necessary, the Superintendent may require a medical examination of any employee to evaluate the employee's ability to perform assigned duties. This may be required whenever the Superintendent has grounds to believe that the performance of the employee is adversely affected by health issues of any kind. Such additional medical examinations will be performed by a physician selected by the Superintendent, and the Board of Education will bear the costs of these examinations. 

Reviewed:      January 24, 2022
Revised:     March 12, 2018
March 11, 2013
February 20, 2018

Personnel

Non-Certified Personnel

Drug and Alcohol Testing For School Bus Drivers 4212.42

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The Vernon Public School district is committed to the establishment of a drug use and alcohol misuse prevention program that meets all applicable requirements of the Omnibus Transportation Employee Testing Act of 1991 (OTETA) and applicable state statutes pertaining to pre-employment and random drug testing of school bus drivers. The District shall adhere to federal and state law and regulations requiring a school bus driver’s drug and alcohol testing program.

Legal Reference: United States Code, Title 49

2717 Alcohol and controlled substances testing (Omnibus Transportation Employee Testing Act of 1991)

Code of Federal Regulations, Title 49

40 Procedures for Transportation Workplace Drug and Alcohol Testing Programs

382 Controlled Substance and Alcohol Use and Testing

395 Hours of Service Drivers

Holiday v. City of Modesto (1991) 229 Cal. App. 3d. 528, 540.

International Brotherhood of Teamsters v. Department of Transportation

932 F. 2d 1292 (1991)

American Trucking Association, Inc. v. Federal Highway Administration, (1995) WL 136022 (4th circuit)

Connecticut General Statutes

14-261b Drug and alcohol testing of drivers of certain vehicles, mechanics and forklift operators

14-276a Regulations re school bus operators and operators of student transportation vehicles; qualifications; training. Pre-employment drug test required for operators

Policy Revised: June 24, 2013

Personnel

Certified Personnel
Security Check/Fingerprinting           4112.5
                                                                4212.5

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Applicants for employment in the Vernon Public Schools shall make disclosures containing (1) current and past employers’ contact information; (2) authorization allowing contact with such employees; and (3) statements about any past misconduct, discipline, or licensure penalties as a result of sexual misconduct or abuse allegations. Each applicant shall be asked whether they have ever been convicted of a crime and whether there are any criminal charges pending against them at the time of application.  

In order to create a safe and orderly environment for students, all offers of employment will be conditional upon the successful outcome of a criminal record check. Each person who is hired by the Vernon Board of Education for either a certified or non-certified position shall be required to submit to State and National Criminal Records Checks and Connecticut Department of Children and Families (DCF) Child Abuse and Neglect Registry Checks within the first 30 days of the date of employment.  In order to process such record and registry checks, the following procedure will be followed:

No later than ten calendar days after the Superintendent or designee has notified a job applicant of a decision to hire the applicant, or as soon thereafter as practicable, the Superintendent or designee will supply the applicant with a packet containing all documents and materials necessary for the applicant to be fingerprinted by a Regional Educational Service Center.  This packet shall also contain all documents and materials necessary for the Regional Educational Service Center to submit the completed fingerprints to the State Police Bureau of Identification for the processing of state and national criminal record checks.

No later than ten calendar days after the Superintendent or designee has provided the successful job applicant with the fingerprinting packet, the applicant must arrange to be fingerprinted.  Failure of the applicant to have their fingerprints taken within such ten-day period, without good cause, will be grounds for the withdrawal of the offer of employment.

Any person for whom criminal records checks are required to be performed pursuant to this policy must pay all fees and costs associated with the fingerprinting process and/or the submission or processing of the requests for criminal record checks.

Upon receipt of a criminal record check or a child abuse and neglect registry check indicating a previously undisclosed conviction, the Superintendent or designee will notify the affected applicant/employee in writing of the results of the record check and will provide an opportunity for the affected applicant/ employee to respond to the results of the criminal record check.

Decisions regarding the effect of a conviction upon an applicant/employee, whether disclosed or undisclosed by the applicant/employee, will be made on a case-by-case basis.  Notwithstanding the foregoing, the falsification or omission of any information on a job application or in a job interview, including, but not limited to information concerning criminal convictions or pending criminal charges, shall be grounds for disqualification from consideration for employment or discharge from employment.  

6. Adult education teachers and substitute teachers, if they are continuously employed by the district, do not have to be fingerprinted again after fulfilling the initial requirement.

7.   School nurses and nurse practitioners appointed by the Board or under contract         with the Board shall also submit to a criminal history check pursuant to C.G.S.         29-17a.

8. Student teachers placed in District schools as part of completing preparation requirements for the issuance of an educator certificate shall also submit to a criminal history check.  The criminal history check shall be done prior to being placed in a school for clinical experiences such as field experiences, student teaching or internship.  Candidates are required to be fingerprinted at one of the RESCs and not through local police stations or the school district.  The District is required to notify the State Board of Education if notice is received that a student teacher has been convicted of a crime.

9.  Each applicant for a certified or non-certified position must submit to a records check of the Department of Children and Families (DCF) Child Abuse and Neglect Registry established pursuant to C.G.S.17a-101k before the applicant may be hired.  The Superintendent or designee shall request the required records check of DCF in accordance with the procedures established by DCF.

Legal Reference:    
Connecticut General Statutes
10-221d Criminal history records checks of school personnel. Fingerprinting. Termination or dismissed. (as amended by PA 01-173, PA 04-181, and June 19 Special Session, Public Act No. 09-1, PA 11-93 and PA 16-67)
29-17a Criminal history checks. Procedure. Fees
17a-101k Registry of findings of abuse or neglect of children maintained by Commissioner of Children and Families.  Notice of finding of abuse or neglect of child.  Appeal of finding.  Hearing procedure.  Appeal after hearing.  Confidentiality.  Regulations.

PA 16-67 An Act Concerning the Disclosure of Certain Education Personnel Records
Criminal Justice Information Services (CJIS) Security Policy, Version 5.4, U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Division, October 6, 2015

Revised:         January 24, 2022
Revised:    March 12, 2018
May 14, 2012
September 12, 2011
Adopted:    April 26, 2010

Personnel

Certified Personnel

Reference Checks
    4112.51/4212.51

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Employment/Reference Checks
The Board of Education (Board) believes that it is critical that references on an application be checked prior to an offer of employment. Also, in order to create a safe and orderly environment for students, all offers of employment will be conditional upon the successful outcome of a criminal record check. In addition, any person applying for employment with the Board shall submit to a record check of the Department of Children and Families Child Abuse and Neglect Registry before the person may be hired.

Requirements for Applicants
The Board shall not offer employment to an applicant for a position, including any position which is contracted for, if such applicant would have direct student contact, prior to the Board requiring of such applicant to provide:
1.  Contact information for current and former employers if they were education employers or the employment otherwise involved contact with children. The contact information must include the name, address and telephone number of each current or former employer.
2.  Written authorization that consents to and authorizes such former employers to disclose information and related records about him or her that is requested on the State Department of Education (SDE) designated standardized form that interviewing employers send. The authorization also must consent to and authorize SDE to disclose information and related records to the District upon request and release such former employees and the SDE from any liability that may arise as a result of such disclosure or release.
3.  To provide a written statement of whether they:
 a. are the subject of an abuse or neglect or sexual misconduct investigation by any employer, state agency or municipal police department, unless the investigation resulted in a finding that all allegations were unsubstantiated;
b. are disciplined or asked to resign from employment or resigned from or otherwise separated from any employment while an allegation of abuse or neglect was pending or under investigation by the Department of Children and Families (DCF), or an allegation of sexual misconduct was pending or under investigation or due to an allegation substantiated by DCF of abuse or neglect, or of sexual misconduct or a conviction for abuse or neglect or sexual misconduct; or
c. they had a professional or occupational license or certificate suspended or revoked or has ever surrendered one while an allegation of abuse or neglect was pending or under investigation by DCF, or an investigation of sexual misconduct was pending or under investigation, or because an allegation substantiated by DCF of abuse or neglect or of sexual misconduct or a conviction for abuse or neglect or sexual misconduct.

Reference Check Procedures
The District shall conduct a review of the applicant's employment history by contacting those employers listed in the required information provided by the applicant. Such review shall be conducted using the SDE form that requests:
1.  the dates of employment of the applicant;
2.  a statement as to whether the employer has knowledge that the applicant was the subject of an allegation of abuse or neglect or sexual misconduct for which there is an investigation pending with any employer, state agency or municipal police department or which has been substantiated; was disciplined or asked to resign from employment or resigned from or otherwise separated from any employment while an allegation of abuse or neglect or sexual misconduct was pending or under investigation, or due to a substantiation of abuse or neglect or sexual misconduct; or has ever had a professional or occupational license, certificate, authorization or permit suspended or revoked or has ever surrendered such a license, certificate, authorization or permit while an allegation of abuse or neglect or sexual misconduct was pending or under investigation, or due to a substantiation of abuse or neglect or sexual misconduct.

Such review may be conducted by telephone or through written communication, not later than five business days after any such current or former employer of the applicant receives a request for such information, and responds with such information. The Board may request more information concerning any response made by a current or former employer. Such employer shall respond not later than five business days after receiving such request; and
The District shall also request information from SDE concerning:
1.  the eligibility status for employment of any applicant for a position requiring a certificate, authorization or permit;
2.  whether SDE has knowledge that a finding has been substantiated by the Department of Children and Families of abuse or neglect or of sexual misconduct against the applicant and any information concerning such a finding;
3.  whether SDE has received notification that the applicant has been convicted of a crime or of criminal charges pending against the applicant and any information concerning such charges.
The Board shall notify SDE if it receives information that an applicant for a position with the District or a current employee has been disciplined for a finding of abuse or neglect or sexual misconduct.
The Board will not employ an applicant for a position involving direct student contact who does not comply with the provisions of this policy.

Temporary Hires
The Board may employ or contract with an applicant on a temporary basis for a period not to exceed ninety days, pending the Board's review of the required and submitted applicant information provided:
1.  The applicant has submitted to the District the three required disclosures;
2.  The Board, has no knowledge of information pertaining to the applicant that would disqualify them from employment; and
3.  The applicant affirms that they are not disqualified from employment with the Board.

Employment Agreements
The Board shall not enter into any collective bargaining agreement, employment contract, resignation or termination agreement, severance agreement or any other contract or agreement or take any action that:
1.  Has the effect of suppressing information relating to an investigation of a report of suspected abuse or neglect or sexual misconduct by a current or former employee;
2.  Affects the ability of the local or regional Board of Education, council or operator to report suspected abuse or neglect or sexual misconduct to appropriate authorities; or
3.  Requires the Board, to expunge information about an allegation or a finding of suspected abuse or neglect or sexual misconduct from any documents maintained by the Board, unless after investigation such allegation is dismissed or found to be false.

Substitute Teachers
The Board shall only hire applicants for substitute teaching positions who comply with this policy and who fulfill the disclosure requirements and after requesting information from the applicant's prior employers and SDE. The Board shall determine which such persons are employable as substitute teachers and maintain a list of such persons. The Board shall hire only substitutes who are on such list.

Approved substitutes shall remain on such a list as long as they are continuously employed by the Board as a substitute teacher, provided the Board does not have any knowledge of a reason that such person should be removed from the list.

Student Teachers
Student teachers must give a written statement about whether they have ever been convicted of a crime or have criminal charges pending against them when they apply to work in the district, along with the charge and court where they are pending.  They must also submit to a DCF Child Abuse and Registry Check before beginning their student teaching experience and submit to State and National Criminal History Checks within 60 days before the start of student teaching.

Adult Education Teachers
Persons employed by the Board as a teacher for a non-credit adult class or adult education activity, as defined in C.G.S. 10-67, who is not required to hold a teaching certificate for their position, shall be required to undergo State and National Criminal History Records Checks.

Contractors and Their Employees
In the case of an applicant who is a contractor, the contractor shall require any employee with such contractor who would be in a position involving direct student contact to supply to the contractor all information required of any applicant for a position in the district as previously described in this policy. The contractor shall contact any current or former employer of such employee that was a Board of Education, council or operator or if such employment caused the employee to have contact with children, and request, either by telephone or through written communication, any information concerning whether there was a finding of abuse or neglect or sexual misconduct against such employee.

Such employer shall report to the contractor any such finding, either by telephone or through written communication. If the contractor receives any information indicating such a finding or otherwise has knowledge of such a finding, the contractor shall, immediately forward such information to the Board of Education with which the contractor is under contract, either by telephone or through written communication.

Any Board of Education that receives such information shall determine whether such employee may work in a position involving direct student contact at any school under the Board's jurisdiction. No determination by a Board of Education that any such employee shall not work under any such contract in any such position shall constitute a breach of such contract.

Falsification of Records/Information
Any applicant who knowingly provides false information or knowingly fails to disclose information required by this policy in compliance with applicable statutes shall be subject to discipline by the Board. Such discipline may include denial of employment, or termination of the contract of a certified employee.

It is understood that any employer and SDE who provide information to the Board and in accordance with this policy shall be immune from criminal and civil liability, provided the employer or SDE did not knowingly supply false information.

Communication
The District, as required, shall communicate with other education employers and also between an education employer and SDE, about findings of abuse or sexual misconduct by applicants or employees. The Board will notify SDE when it receives information that applicants or employees have been disciplined for a finding of abuse or sexual misconduct. In addition, the Board will provide, upon request, to any other education employer or to the Commissioner of Education, information it may have about a finding of abuse or sexual misconduct for someone being vetted for hire as a direct employee of an education employer or a contractor's employee.

The Board, in compliance with federal law, shall not disseminate the results of any National Criminal History Records checks, except as required to the State Board of Education.

Definitions
"Sexual misconduct" means any verbal, nonverbal, written or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialog, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature and any other sexual, indecent or erotic contact with a student;

"Abuse of a child or youth" is defined as (a) inflicting physical injury or non-accidental injuries; (b) inflicting injuries that do not match the story associated with their origin; or (c) maltreatment, including malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment, or cruel punishment; and

"Neglect of a child or youth" is defined as (a) abandonment; (b) denial of proper care and attention physically, educationally, emotionally, or morally; or (c) allowing the child to live under conditions, circumstances, or associations injurious to the child's well-being.

"Abuse and neglect" also includes sexual assault as defined in the statutes. (C.G.S. 46b-120, and includes any violation of Section 53a-70,53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a).

Offer of Employment
Prior to offering employment to an applicant, the Board shall make a documented good faith effort to contact each current and any former employer that was a Board of Education, council or operator or if such employment otherwise caused the applicant to have contact with children of the applicant in order to obtain information and recommendations which may be relevant to the applicant's fitness for employment, provided such effort shall not be construed to require more than three telephone requests made on three separate days.

The Board shall not offer employment to any applicant who had any previous employment contract terminated by a Board, council or operator or who resigned from such employment, if such person has been convicted of abuse or neglect or sexual misconduct.

Sex Offender Registry Checks
The Board requires school district personnel to cross-reference the Connecticut Department of Public Safety’s Sexual Offender Registry prior to hiring any new employee.  Registration as a sexual offender constitutes grounds for denial of employment opportunities.

Pursuant to the federal Every Student Succeeds Act (ESSA), the Board prohibits the Board, individual Board members, and any individual or entity who is a District employee, contractor or agent of the District from assisting a District employee, contractor, or agent in obtaining a new job/position if the Board, individual, or entity knows, or has probably cause to believe, that such District employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law. Routine transmission of an administrative file does not violate this prohibition.

This prohibition does not apply under certain conditions specified by ESSA such as:
1.  The matter has been reported to law enforcement authorities and it has been officially closed or the school officials have been notified by the prosecutor or police after an investigation that there is insufficient information to establish probable cause, or;
2.  The individual has been acquitted or otherwise cleared of the alleged misconduct, or;
3.  The case remains open without charges for more than four (4) years after the information was reported to a law enforcement agency.

This policy shall not apply to a student employed by the Board.

(cf. 4112.5 - Security Check/Fingerprinting)
(cf. 4121 - Substitute Teachers)

Legal References:  Connecticut General Statutes
1-200 through 1-241 of the Freedom of Information Act.
5-193 through 5-269 -State Personnel Act
10-151c Records of teacher performance and evaluation not public records.
10-221d Criminal history records checks of school personnel. Fingerprinting. Termination or dismissal. (as amended by PA 16-67)
10-222c Hiring policy. (as amended by PA 16-67)
Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General Education Provisions Act, as amended, added by section 513 of P.L. 93 568, codified at 20 U.S.C. 1232g)
Dept. of Educ. 34 C.F.R. Part 99 (May 9, 1980 45 FR 30802) regs. implementing FERPA enacted as part of 438 of General Educ. provisions act (20 U.S.C. 1232g) parent and student privacy and other rights with respect to educational records, as amended 11/21/96
Elementary and Secondary Education Act, reauthorized as the Every Student Succeeds Act (ESSA), P.L. 114-95 codified as U.S.C. §1001 et seq.
20 U.S.C. 7926 Prohibition on aiding and abetting sexual abuse
P.A. 17-220 An Act Concerning Mandate Relief
PA 16-67 An Act Concerning the Disclosure of Certain Educational Personnel Records

Policy Revised:        January 24, 2022
Policy Revised:    March 12, 2018
Policy Adopted:    November 14, 2016

Personnel

Certified Personnel

Personnel Records            4112.6
                                              4212.6

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Personnel records shall be maintained securely and confidentially in the central office for all current employees and shall include information customarily kept in personnel files.  Files also shall be maintained for past employees, including years of employment, salaries, and such other basic and essential information as the Superintendent of Schools shall require.

There shall be only one personnel file for each employee, and principals shall not maintain employee files separate from the official employee file in the central office.  Files containing medical information regarding an employee will be kept separate from other personnel files.

Access to Files

Each employee’s own file shall be available for their inspection at reasonable times and, upon request, employees will be provided a copy of information contained in his/her file.

Requests for access to personnel files, except from an employee to see their own file, shall be referred to the Superintendent who shall determine whether disclosure of such records would legally constitute invasion of employee privacy.  If the Superintendent believes disclosure is not an invasion of privacy, requested information shall be disclosed, but professional courtesy suggests the employee shall be notified of such disclosure.

If the Superintendent determines disclosure would invade employee privacy, the employee and collective bargaining representative, if any, shall be notified in writing of the request.  If the Superintendent does not receive a written objection from the employee or bargaining representative within seven business days from receipt of that notification, or if there is no evidence of receipt of a written objection, not later than nine business days from the date the notice was mailed, e-mailed, sent, posted or otherwise given, requested records shall be disclosed.  However, if an objection is received in a timely manner on the form prescribed, the Superintendent shall not disclose requested information unless directed to do so by the Freedom of Information Commission.  Notwithstanding an objection filed by an employee’s bargaining representative, the employee may subsequently approve disclosure of records by filing a written notice with the Superintendent.

Employee or bargaining representative objections to disclosure of records shall be made in writing on a form developed by the Superintendent including a signed statement by the employee or bargaining representative, under penalties of false statement, that to the best of the respondent’s knowledge, information, and belief, there is good grounds to support the objection and that the objection is not interposed for the delay.

Records maintained or kept on file by the Board which are records of a teacher’s personal misconduct shall be deemed to be public records, and subject to disclosure under the Freedom of Information Act.  Disclosure of such records of a teacher’s personal misconduct shall not require the consent of the teacher.

Notwithstanding earlier provisions of this policy, personnel evaluations of certified employees, except the Superintendent, are not public records subject to disclosure – unless the employee consents in writing to the release of such records.

In accordance with federal law, (ESSA), the District shall notify parents at the beginning of each school year of their right to request information regarding the professional qualifications and degrees of teachers and the qualifications of paraprofessionals for any teacher or paraprofessional who is employed by a school receiving Title I funds and who provides instruction to their child at that school.  The District will provide such information on request in a timely manner. The District shall also provide notification to the parent/guardian of a child who has been assigned or has been taught for four or more consecutive weeks by a teacher not meeting applicable state certification at the grade level and subject area in which the teacher has been assigned.

Required File Data

All certified personnel files in the Vernon Public Schools shall contain the following:

A written application
All transcripts of college level work
A copy of all state certifications
Annual evaluations

All other personnel files shall contain items 1 and 4 above.

Legal Reference:
Connecticut General Statutes
1-206  Denial of access to public records or meetings
1-213  Agency administration.  Disclosure of personnel, birth and tax records.
1-214  Objection to disclosure of personnel or medical files (as amended by PA 18-93)
1-215  Record of arrest as public record.
10-151a  Access of teacher to supervisory records and reports in personnel file.  (as amended by PA
      02-138)
10-151c  Records of teacher performance and evaluation not public records.  (as amended by PA
      02-138 and PA13-122)
The Americans with Disabilities Act
Section 1112(c)(6) The Every Student Succeeds Act (ESSA)
Section 1112(e)(1)(B) The Every Student Succeeds Act (ESSA)
Perkins v. Freedom of Information Commission, 228 Conn. 158 (1993)

Revised:          January 24, 2022
Revised:    March 12, 2018
        March 11, 2013

Personnel

Certified Personnel

Nepotism: Employment of Relatives    4112.8
                                                                    4212.8

---

It is the policy of the Board of Education that individuals shall not be appointed to any full-time, part-time or temporary position which would create a supervisor/employee relationship within any one department between two individuals who are related by blood, marriage, or law.

As used in this policy, the word “marriage” includes a same-sex marriage that is legally recognized in Connecticut.  

As used in this policy, the word “Department” shall mean and include those levels of organization under the Superintendent’s office into which the various structural areas of operation of the school district are divided.

In the event of marriage or civil union between employees of the District, creating a relationship which violates this policy, one of the persons affected must transfer to a location compatible with policy provisions, or in cases of refusal to transfer, be terminated from that location by the end of the school/fiscal year or within six months from the date the relationship was established, whichever is the greater period.

The degrees of relationship included in the above restrictions are as follows:

By Blood:        Parent, child, grandparent, grandchild, brother, sister, uncle,         aunt, nephew, niece, first cousin.
By Marriage:      Husband, wife, stepparent, stepchild, father-in-law,             mother-in-law, sister-in-law, brother-in-law, daughter-in-law,         son-in-law, half-sister, half-brother, uncle, aunt, nephew,         niece.
By Law:        Guardianship relationships, adoptive parent/child             relationships, partner in a civil union.

In the appointment and selection of new employees, the District shall adhere to this policy.  All current supervisor/employee relationships established prior to the adoption of this policy will not be affected by this policy so long as they remain in present assignments.

(cf. 9270 – Conflict of Interest)

Legal Reference:    Connecticut General Statutes
7-479 Conflicts of Interest
46b-38nn Equality of benefits, protections and responsibilities (civil unions)
46b-38oo applicability of statutes to civil unions and parties to a civil union.
10-153a et seq. Teacher Negotiation Act
            7-467 et seq. Municipal Employees Relations Act

Revised:    January 24, 2022
Revised:    June 26, 2017
        September 23, 2013

Personnel

Non-Certified Personnel

Assignment and Transfer    4214/4114

---

The assignment and transfer of all staff personnel shall be the responsibility of the Superintendent of Schools or designee consistent with any existing provisions in negotiated agreements.

Revised:    May 23, 2022
Revised:    September 23, 2013
 

Personnel

Non-Certified Personnel

Supervision and Evaluation 4215

---

Employee performance is key to the success of an organization; therefore, effective employee supervision is a primary responsibility for all supervisory staff and administrators. Supervision shall be directed to:

1. improve the quality of employee work;

2. elevate standards of employees' field of work;

3. help each employee grow personally and in job skills;

4. assist with administrative decisions on employee retention/dismissal.

The Superintendent shall supervise or cause to be supervised all support staff employees. Supervisors/administrators are responsible for developing effective evaluation procedures and instruments and for establishing and maintaining professional standards and constructive attitudes toward staff evaluation. All evaluations shall be written and performed annually.

Policy Revised: August 23, 2010

Personnel

Certified Personnel

Job Descriptions
4117
4217

---

All employees of the school system are subject to the policies of the Board of Education, applicable laws, and current employee agreements.

The Superintendent of schools shall develop job descriptions for school district employees. Job descriptions for all employees shall be provided to employees by the Superintendent and copies maintained in the Central Office.  

Revised:    April 25, 2022
        July 24, 2017
        September 23, 2013

Personnel
Certified Personnel

Reduction in Force (RIF)
4117.3
4217.3

---

The Board of Education may reduce the number of personnel employed because of reduced enrollment within the district, lack of funds, elimination or reduction of a special program, school closing, or for other reasons.

When a reduction in force (RIF) plan is not included in negotiated agreements with personnel, this policy for selecting employees to be released, with consideration of seniority, needs of the schools and quality/effectiveness of the individuals, will govern reductions in force.

Prior to terminating teacher contracts because of the need to reduce staff, the Board of Education will abide by procedures currently existing in employee organization agreements, or otherwise will give due consideration to its ability to reduce staff by:

Voluntary retirements.
Voluntary resignation.
Transfer of existing staff members.
Voluntary leaves of absence.

The following criteria, if reduction in force is not covered in employee agreements, will be used to select employees within job classifications and/or bargaining units to be released.

Qualifications and ability as determined by an objective evaluation of the employee's performance.
Seniority.

Recall, Re-employment Procedures:  Unless otherwise required by negotiated agreement, if the contract of employment of an employee is terminated without prejudice because of elimination of a position, the name of that employee shall be placed on a recall list and remain on such list for a period of one year.  If a position within the employee's job classification or bargaining unit opens during such period, and the employee has been selected by the Superintendent as the person who is best qualified for that position, the employee shall be recalled.  An employee must accept or reject the appointment in writing within seven (7) days after receipt of such notification, and if the employee rejects the appointment offer or does not respond according to this procedure within seven (7) days after receipt of the notification, their will be removed from the recall list.

Legal Reference:  Connecticut General Statutes
        10-151 Employment of teachers.  Notice and hearing on termination of contract.

Revised:    April 25, 2022
        July 24, 2017
        September 23, 2013

Personnel

Non-Certified Personnel

Suspension or Termination 4217.4

---

Support staff dismissals, terminations, or suspensions are the responsibility of the Superintendent of Schools or designee and shall be in accordance with current state statutes and negotiated employee contracts with appropriate consideration of an affected employee's constitutional and due process rights and protections. Such actions shall be based on just cause.

Personnel
Non-Certified Personnel
Just Cause    4117.41
4217.41

---

One or more of the following causes may be grounds for suspension, demotion or dismissal of any non-certified employee:

1.    Incompetence or inefficiency in the performance of assigned duties. 
2.    Insubordination, including but not limited to, refusal to do assigned work.
3.    Carelessness or negligence in the performance of duty or in the care or use of district property.
4.    Discourteous, offensive or abusive language or conduct toward other employees, students or the public.
5.    Dishonesty.
6.    Drinking alcoholic beverages on the job, or reporting for work while intoxicated.
7.    Use or possession of harmful drugs on school grounds without medical supervision.
8.    Personal conduct unbecoming an employee of the district.
9.    Engaging in political activity during assigned hours of employment or otherwise in violation of applicable policies or regulations of the district. 
10.    Conviction of any crime involving moral turpitude, including a sex offense.
11.    Repeated or unexcused absence or tardiness.
12.    Abuse of leave privileges. 
13.    Falsifying any information supplied to the school district, including but not limited to information on application forms, employment records, or other school district records. 
14.    Persistent violation of or refusal to obey safety rules and regulations of the Board of Education, the Superintendent, or any appropriate state or governmental agency.
15.    Offering anything of value or service to any supervisor or member of the public in exchange for special treatment in connection with the employee’s job.
16.    Abandonment of position. 

(cf. 4212.1  Provisions of Negotiated Agreements)
(cf. 4212.6  Personnel Records)
(cf. 4214  Assignment/Transfer/Reassignment)
(cf. 4218.11  Nondiscrimination)
(cf. 4218.112  Sexual Harassment)
(cf. 4218.14  Disabilities)
(cf. 4218.231  Smoking, Drinking, and Use of Drugs on School Premises)

Revised:    March 28, 2022
Reviewed:     May 13, 2013

Personnel

Certified Personnel 

Suspension or Termination of Employment
4117.5
4217.5

---

Suspension:

A certified employee may be suspended by the Board of Education for an alleged or actual violation of any of the stipulated reasons for termination in C.G.S. 10-151 (c) or 10-151 (d) when insufficient cause for dismissal exists.  The employee may be suspended pending Board or legal action for dismissal on charges of violation of one or more of said causes for termination.  The Superintendent may suspend an employee pending board action when, in the opinion of the Superintendent, continuation of the employee in the position is disruptive to the educational process, or presents a clear danger to the students, staff, property or to the reputation of the school district.

No school personnel or Board member, with the exception of the Superintendent and/or designee, shall make any statement concerning the reasons(s) that an individual has been suspended.

Termination:

The Board of Education may terminate either non-tenured or tenured employees in accordance with provisions of Connecticut General Statute 10-151.  The district will also report any serious misconduct which gives rise to certified employee termination to the appropriate authorities, including, but not limited to, the State Department of Education and local law enforcement authorities as appropriate.

No school personnel or Board member, with the exception of the Superintendent of schools and/or designee, will make any statement concerning the reason(s) that an individual has left employment with the district.

(cf. #4114.4 Non-renewal)
(cf. #4117.41 Just Cause)

Legal Reference:
Connecticut General Statutes
10-1512 Employment of Teachers

Reviewed:    March 28, 2022
Reviewed:    July 24, 2017
            May 13, 2013

Personnel

Certified Personnel

Non-Discrimination/Equal Employment Opportunity 4118.11

4218.11

---

Page 1 of 2

In accordance with current Federal and State of Connecticut laws, the Board of Education requires equal employment opportunities for all and prohibits discrimination in all district matters pertaining to employees and job applicants. As an Equal Opportunity Employer, the Board of Education does not discriminate on the basis of race, color, religious creed, age, veteran status, genetic information, marital status, national origin, ancestry, sex, sexual orientation, gender identity or expression, pregnancy, physical disability, past or present history of mental disorder, intellectual disability, learning disability, or any classification protected by law regarding any individual who can perform the essential functions of the job with or without reasonable accommodations.

The District shall make reasonable accommodations for known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless in the case of a bona fide occupational qualification or need.

The Superintendent shall appoint and make known the individuals to contact on issues concerning the American with Disabilities Act (ADA), Section 504 of Rehabilitation Act of 1973, Title VI, Title, VII, Title IX and other civil rights or discrimination issues. The Board will adopt and the District will publish grievance procedures for prompt and equitable resolution of employee complaints concerning any area covered in this policy.

Legal References:

Connecticut General Statutes

19-581 through 585 AIDS testing and medical information

10-209 Records not be public

46a-60 Discriminatory employment practices prohibited

Section 504 and the Federal Vocational Rehabilitation Act of 1973,

20 U.S.C. 706(7)(b)

American Disability Act of 1989 (42.U.S.C. Ch 126§12112), as amended

By ADA Amendments Act of 2008

Chalk v. The United States District Court of Central California

Civil Rights Act of 1964, Title VII, 42 U.S.C. 2000-e2 (a).

Equal Employment Opportunity Commission Policy Guidance

(N-915.035) on Current Issues of Sexual Harassment, effective 10/15/88.

Title IX of the Education Amendments of 1972, 34 CFR Section 106.

Meritor Savings Bank FSB v. Vinson, 477 U.S. 57 (1986)

Personnel

Certified Personnel

Non-discrimination 4118.11

4218.11

Page 2 of 2

Connecticut General Statutes

46a-60 Discriminatory employment practices prohibited.

Constitution of the State of Connecticut, Article I, Section 20.

10-153 Discrimination on account of Marital Status

P.A. 11-55 An Act concerning Discrimination

Civil Rights Act of 1987

The Vietnam Era Veteran's Readjustment Assistance Act of 1974, as amended, 38 U.S.C. @4212

Title II of the Genetic Information Nondiscrimination Act of 2008

Revised: August 28, 2017

May 14, 2012

September 12, 2011

December 13, 2010

Personnel

Certified Personnel

Sexual Harassment 4118.112

4218.112

---

pg. 1 of 4

Policy Statement: The Board of Education believes that each employee should be able to work in an atmosphere free of harassment. The Board therefore prohibits all discriminatory intimidation on the basis of sex or on the basis of any other status protected by law, including but not limited to race, color, age, religion, gender, gender identity or expression, sexual orientation, national origin, marital status, disability, or veteran status. The Board recognizes that sexual harassment can originate from a person of either sex against a person of the opposite or same sex, and from peers as well as supervisors, students, or others within the school environment. Therefore, this policy seeks to promote a workplace that is free of sexual harassment. Sexual harassment of employees occurring in the workplace or in other settings in which employees may find themselves will not be tolerated.

Definitions:

Employee: all teaching, administrative and support personnel.

Immediate supervisor: the person to whom the employee is directly responsible (e.g., department head, principal).

Sexual harassment: any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature constitutes sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Examples of sexual harassment include:

1. Offering employment benefits or giving preferential treatment in exchange for sexual favors;

2. Retaliation against or getting someone back who turns down sexual advances;

3. Visual Conduct: leering, making sexual gestures, displaying sexually suggestive objects, pictures, cartoons, calendars, magazines, or posters;

4. Verbal Conduct: whistling and catcalls making or using derogatory or sexual comments, epithets, slurs, or jokes. Referring to another person as “doll,” “babe,” “honey,” or a name of this type;

Personnel

Certified Personnel

Sexual Harassment – continued 4118.112

4218.112

pg. 2 of 4

5. Verbal sexual advances or propositions, including repeated and unwanted requests for a date;

6. Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s

body, sexually degrading words used to describe an individual;

7. Obscene or sexually orientated computer or phone mail messages, suggestive or obscene letters, notes or invitations;

8. Physical conduct such as touching, as unwanted neck and shoulder message, assault, impeding or blocking movements, and

9. Repeated and unwelcome comments about one’s physical appearance or attire.

Procedures:

Employees who believe they have been subjected to sexual harassment are to report the incident to the building principal. Should this individual be the alleged harasser, sexual harassment may be reported to the district’s Title IX coordinator:

Director of Pupil Personnel Services

30 Park Street, Vernon, CT 06066

860-870-6000 Ext. 4666

Incidents of sexual harassment may be reported informally or through the filing of a formal complaint.

Consistent with federal and state law, and all applicable provisions in the district's collective bargaining agreements, the following procedures shall be employed in handling any report, investigation or remedial action concerning allegations of sexual harassment:

Informal Complaints:

Employees who believe they have been subjected to sexual harassment may request that an informal meeting be held between themselves and the appropriate supervisor. The purpose of such a meeting will be to discuss the allegations and remedial steps available.

Should the complainant be dissatisfied with the resolution, he/she may file a formal written complaint.

The supervisor will file a report with the next level of management on what has transpired to date. If the complainant submits a formal complaint, a copy of it should accompany the supervisor's report with a recommendation for further action.

Personnel

Certified Personnel

Sexual Harassment – continued 4118.112

4218.112

pg. 3 of 4

Formal Complaints:

Formal complaints may be submitted either to initially report any incidence of sexual harassment, or as a follow-up to an unsatisfactory resolution of an informal attempt to resolve a complaint. In the latter case, the formal written complaint is to be submitted to the supervisor originally consulted, who will then forward it to the next appropriate level of management, or the Superintendent for appropriate action. Formal complaints shall include as much detail about the alleged incident of sexual harassment as possible, including but not limited to the date and place of incident, description of the harassing conduct, the names of all witnesses, and any other relevant information, such as any discussions or action taken in an attempt to resolve the matter.

Complaint Investigations:

Upon receipt of a formal or informal complaint, a prompt, thorough and impartial investigation of the allegations must follow. The investigation of any report of sexual harassment will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances and subject to all applicable laws and any relevant provisions in the district’s collective bargaining agreements.

Remedial Action:

If it is determined that inappropriate conduct has been committed, the Board will take such action as is appropriate under the circumstances to eliminate the offending conduct and, where appropriate, impose discipline. Such action may include discipline up to and including dismissal from employment, as deemed appropriate under the circumstances consistent with applicable law and collective bargaining agreements.

When the harasser is a student, such action may include discipline up to and including expulsion and/or referral to the police or other appropriate agency.

Any employee who reports unlawful harassment or cooperates in the investigation of a complaint will be protected from retaliatory action.

Complaint Records:

The results of the investigation, including a good faith determination of whether or not harassment occurred as well as any disciplinary action to be taken, shall be maintained by the school district in a final report. The Complainant and the alleged harasser will be informed in writing of whether harassment has been found.

Personnel

Certified Personnel

Sexual Harassment – continued 4118.112

4218.112

pg. 4 of 4

Investigation in the Absence of a Complaint:

Upon learning of, or having reason to suspect, the occurrence of any sexual harassment, the board will, in the absence of a victim's complaint, ensure that an investigation is commenced by the appropriate individuals.

Training:

Each year, or more frequently if the Board deems it appropriate, supervisory personnel will receive training regarding sexual harassment and related matters. Such training may include a review of this policy and regulation, discussion, films or other activities.

Legal References:

Civil Rights Act of 1964, Title VII, 42 U.S.C.2000-e2 (a).

Equal Employment Opportunity Commission Policy Guidance (N-915.035) on Current Issues of Sexual Harassment, effective 10/15/88.

Title IX of the Education Amendments of 1972, 34 C.F.R. § 106.

Meritor Savings Bank FSB v. Finson, 477 U.S. 57 (1986)

29 C.F.R. ¶ 1604.11 (Equal Employment Opportunity Commission regulations)

Connecticut General Statutes §§ 46a-54, 46a-60

Constitution of the State of Connecticut, Article I, § 20

Revised: July 24, 2017

February 13, 2012

January 26, 2010

Personnel

Certified Personnel                                     4118.14/4218.14

Nondiscrimination on the Basis of Disabilities

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The Board of Education prohibits discrimination against any individual with a disability with regard to recruitment, advertisement and job application procedures; hiring, upgrading, promotion, awarding of tenure, demotion, transfer, layoff, termination, right of return from layoff, employee compensation, job assignments, job classifications, organizational structures, position descriptions, lines of progression and seniority lists, leaves of absence, sick leave or other leaves, fringe benefits or job training.

Federal law defines a person with a disability as one who (1) has a mental or physical impairment which substantially limits one or more major life activities such as, but not limited to, caring for one’s self; performing manual tasks walking, seeing, hearing, eating, sleeping, standing, sitting, reaching, lifting, bending, reading, concentrating, thinking, communicating, interacting with others, speaking, breathing, learning or working; (2) has a record of such an impairment; or (3) is regarded as having such an impairment. The Board will afford qualified disabled individuals reasonable accommodations. The Supreme Court of the United States has recognized that individuals with a communicable disease may be considered disabled.

The Board of Education recognizes a responsibility to avoid discrimination in policies and practices regarding its personnel, students, parents and members of the public who participate in school-sponsored programs. No discrimination against any person with a disability will be knowingly permitted in any of the programs and practices in the school system.

With regard to its employees, the Board specifically prohibits discrimination against any individual with a qualified disability with regard to recruitment, hiring, promotion or advancement, compensation, evaluation, training, or any other aspect of employment within the school system. The Board will afford qualified disabled individuals reasonable accommodations in accordance with state and federal law.

Disabled employees who can no longer perform essential job functions are encouraged to advise their supervisors or administrators of the nature of their disability and which functions cannot be performed. The Board will consider any reasonable suggestions of accommodation that would enable performance of those functions so long as the accommodation will not impose an undue hardship on the operation of the school system. The determination of whether an individual has a disability should not demand extensive analysis.
Individuals are not qualified to perform their duties if their medical condition or disability poses a threat to the health or safety of individuals in the workplace.

Persons, including employees of the district, that feel they may have been discriminated against on the basis of a disability should contact the Director of Pupil Personnel Services.

Employees seeking accommodations for a disability in order to perform essential job functions are encouraged to contact their supervisors or administrators and/or the Director of Pupil Personnel Services.

(cf. 0521 - Nondiscrimination)
(cf. 4112.4/4212.4 - Health Examinations)

 Legal Reference:  Connecticut General Statutes  
 0-209 Records not to be public.  
19-581 AIDS testing and medical information.  
46a-60 Discriminatory employment practices prohibited.  
Federal Law  
Section 504 and the Federal Vocational Rehabilitation Act of 1973, 20 U.S.C.
    706(7)(b).  
American Disability Act of 1989, 42 U.S.C. 12101 et. seq., as amended by the ADA Amendments Act of 2008  
29 CFR, Part 1630, Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, as amended, published in the Federal Register, 
    Vo. 76, No. 58, 3/25/11  
Chalk v. The United States District Court of Central California.  
Amendments of Americans with Disabilities Act, Title II and Title III, Regulation to 
implement ADA Amendments Act of 2008.  Federal Register, Vol. 81, No. 155 (28 CFR Parts 35 & 36)

Revised:          March 28, 2022
Revised:    May 13, 2013
Revised:          March 28, 2008

Personnel

Certified Personnel

Code of Ethics for Town Officials and Employees              4118.22/4218.22

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Should there be any variation between the text of the Code of Ethics of the Town of Vernon and copy of the code included here for reference, the most recent copy on file with the Town Clerk takes precedence. 

Ordinance #173 Establishing A Code of Ethics for the Town of Vernon

Ordinance #173, which established a code of ethics for town officials and employees was adopted by the Vernon Town Council on September 1, 1987, and became effective as of September 20, 1987.  That ordinance is as follows:

ORDINANCE ESTABLISHING A CODE OF ETHICS

The Council of the Town of Vernon hereby repeals Ordinance #55 entitled "Ordinance Concerning Conflict of Interest in the Town of Vernon" and pursuant to the provisions of Section 7-148h of the Connecticut General Statutes hereby adopts the following CODE OF ETHICS:

Section 1:  DECLARATION OF POLICY

The proper operation of democratic government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for all town officials, employees, individual(s), partnership(s), corporation(s), or other entities as defined hereinafter is adopted.  The purpose of this code is to establish guidelines for ethical standards of conduct for all such officials, employees, individual(s), partnership(s), corporation(s), or other entities by setting forth those acts or actions that are incompatible with the best interests of the town and by directing disclosure by such officials, employees, individual(s), partnership(s), corporation(s) or other entities of private financial or other interests in matters affecting the town.

Section 2:  BOARD OF ETHICS CREATED: PURPOSE

There is hereby created a Board of Ethics (hereinafter referred to as "Board") for the purpose of rendering advisory opinions and making recommendations with respect to the drafting and adoption of amendments to this article.

Section 3:  MEMBERS OF TOWN BOARDS AND COMMISSIONS

APPOINTMENTS

The Board shall consist of five (5) regular members and two (2) alternate members, all of whom shall be electors of Vernon.  No more than three (3) regular members and no more than one (1) alternate member shall be from one political party.  The initial regular and all alternate members shall be appointed by the Council upon recommendation by the Mayor from a list compiled and submitted by any member of the public or town organization.  The term shall be five (5) years except that of the initially appointed regular members, one (1) shall serve for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years and one (1) for five (5) years.  The two (2) alternate members shall be appointed in the same manner for terms of five (5) years.  The duties of such alternate members shall be to sit upon such a Board whenever a regular member is unavailable to do so; such sitting alternate members shall have all of the obligations and duties of a regular member.  A member may resign at any time by written notice to the Mayor and the Town Clerk.  Any such resignation shall become effective upon the date specified therein, or if no date is so specified therein, upon the date of its submission.  No regular or alternate member who serves a five (5) year full term shall be reappointed sooner than one (1) year following the completion of that term.

VACANCIES

Vacancies on the Board among its regular members shall be filled by the Mayor from alternate members of the Board.  Vacancies on the Board among its alternate members shall be filled by the Council upon recommendation by the Mayor from a list compiled and submitted by any member of the public or any town organization.

REMOVAL

Any regular or alternate member of the Board may be removed by the Mayor subject to approval by nine (9) members of the Town Council.

CONFLICTS

No regular or alternate member of the Board shall render or agree to render any service to any person or entity other than the Town in connection with any cause, proceeding, application or other matter which is before any agency, board, department, panel, commission or other official entity of the Town, nor shall such member serve as a member of any such agency, board, department, panel, commission or entity.
 
Section 4:  ORGANIZATION AND PROCEDURE

The Board shall annually elect a chairperson and secretary from among its members.  Pursuant to the provisions of the State Freedom of Information Act, the Board shall keep records of its meetings and shall hold meetings after proper notice at the call of the chairperson and at such other times as the Board may determine. For the purpose of conducting a meeting or hearing five (5) members shall constitute a quorum.  Any action taken by the Board shall be by a majority vote of the members present and voting.  At least once a year, the Board shall meet for the purpose of reviewing this ordinance and making recommendations with respect to the drafting and adoption of amendments to this ordinance.

Section 5:  DUTIES AND POWERS

a.     The Board may make recommendations for amendments to this Code of Ethics for adoption by the Town Council.

b.     The following may submit written requests directly to the Board of Ethics regarding appropriate situations pursuant to the Board of Ethics regarding appropriate situations pursuant to this document: Mayor, Town Administrator, Town Council, Superintendent of Schools, Board of Education, or the public at large.  The Board of Ethics must respond to the submittal per Section 13 and any opinions shall be directed to the agency or person requesting them.

c.    Promulgate rules and regulations.

d.    Hear complaints and render decisions.

Section 6:  EXPENSES AND COMPENSATION

The members of the Board shall serve without compensation for their services.  In the performance of its duties and in the exercise of its powers, the Board shall not incur any expense in excess of the funds appropriated by the Council for such purposes.

Section 7:  APPLICABILITY

The provisions of this Code shall apply to all town officials and employees, whether elected or appointed, paid or unpaid, including individual(s), partnership(s), corporation(s), or other entities which have been or will be compensated by the Town for acting as an agent or consultant for the Town or any of its boards.  The term "town officials", as used in this code, shall include members of the Town Council, members of the Board of Education, and all officials appointed by the Town Council, Board of Education, Mayor or the Town Administrator.  The term "town employees,” as used in this code, shall include all employees of the Town and Board of Education.

Section 8:  CONFLICT OF INTEREST

Individuals who are subject to this Code and have an interest which is in substantial conflict with proper discharge of their duties or employment in the public interest and of their responsibilities as prescribed in the laws of the State of Connecticut and the Town of Vernon if they have reason to believe or expect that they will derive a direct monetary gain or other benefit, or suffer a direct monetary loss or other detriment, as the case may be, by reason of their official activity.  Individuals do not have an interest which is in substantial conflict with the proper discharge of their duties in the public interest and of their responsibilities as prescribed by the laws of the State of Connecticut and the Town of Vernon if any benefit or detriment accrues to them as a member of a business, profession, occupation or group to no greater extent than any other member of such business, profession, occupation or group.  For the purpose of this Code a public officer or employee shall be deemed to have an interest in the affairs of their spouse.

Section 9:  STANDARDS OF CONDUCT

Any official, employee, individual(s), partnership(s), or other entities, who has or may have a substantial or controlling financial or significant personal interest in any property or matter which is the subject of any pending or proposed proceeding before any town agency on which such person sits or by whom such person is employed, shall make known promptly such interest in any matter on which they may be called to act in their official capacity. They shall refrain from voting upon such a transaction, contract or sale.
   
No official, employee, individual(s), partnership(s), corporation(s) or 
           other entities, shall accept, during the course of any twelve (12) month 
           period, any individual gift over the sum of fifty (50) dollars or any gifts 
           which in the aggregate costs one hundred (100) dollars.  The limits of      
           gifts may be changed from time to time by resolution of the Town
           Council.  Gifts, as used above, may take the form of service, loan, thing
           or promise  from any person, firm or corporation which, to
           their knowledge, is interested in directly or indirectly, in any manner
           whatsoever, in business dealings with the town having any relationship
           or connection with such official or employees in the discharge of
           their duties.

No official, employee, individual(s), partnership(s), corporation(s) or other entities, without proper legal authorization, shall disclose confidential information except as required under the Freedom of Information laws of the State of Connecticut, concerning the property, government or affairs of the town.  No official, employee, individual(s), partnership(s), corporation(s) or other entities, shall use information acquired in the course of their public duties, to advance the financial or other private interest of themselves or any other.  

      d. No official, employee, individual(s), partnership(s) corporation(s) or   
          other entities, shall request or permit the use of town-owned vehicles, 
          equipment, materials or property for personal convenience or profit, 
          except when such services are available to the public generally or are   
          provided as municipal policy for the use of such official, employee, 
          individual(s), partnership(s), corporation(s) or other entities, in the  
          conduct of official business or such use as in connection with exchange 
          of private equipment for use by the town.  No official, employee,   
          individual(s), partnership(s), corporation(s) or other entities, shall grant     
          any special consideration, treatment, or advantage to any citizen 
          beyond that which is available to every other citizen.

      e. No official, employee, individual(s), partnership(s), corporation(s) or 
          other entities, shall for the period of one (1) year after the termination of
          service or employment with such municipality, appear before any board   
          or agency of the Town or in any matter in litigation in which the. Town is 
          a party in interest except on behalf of the Town for compensation by any  
          private interest to any case, proceeding or application in which they 
          personally participated during the period of their service or 
          employment or which was under their active consideration.  

       f. To the extent known thereof, all officials, employees,
          individuals, partnerships, corporations or other entities of the Town, 
          whether paid or unpaid, who participate in the discussion or give official     
          opinions to boards and commissions or to a Town Meeting on pending 
          legislation, shall publicly disclose on the official record the nature and     
          extent of any direct or indirect financial or other private interest     
          they have in such legislation.
 
      g. No official, employee, individual(s), partnership(s), corporation(s) or 
          other entities shall render or agree to render for compensation any     
          service to any person or party other than the Town, in connection with 
          any cause, proceeding, application or other matter which is before any 
          town agency over which he has direct control or involvement.  This   
          does not prohibit any town official, employee, individual(s), 
          partnership(s), corporation(s) or other entities from appearing before  
          any board or commission on such person's own behalf or as official 
          spokesman for an organization of which they are a member, 
          provided such appearance does not violate Sections 8-11 and 8-21 and 
          22a-42 of the Connecticut General Statutes and Public Act 83-540 or 
          any other provision of the Code.

 h. No town official, employee, individual (s), partnership (s), corporation (s) or other entities who in their capacity as such officer or employee participates in the making of a contract or accepts a purchase order in which they have a private pecuniary interest, direct or indirect, shall bid upon nor enter into any contract or bid upon nor accept any purchase order from the Town or Board of Education unless the Town Administrator for the Town, or Superintendent of Schools for the Board of Education waives the requirements of this Section after determining that it is in the best interest of the Town to do so.  (As amended by Ordinance #175)

i.    No employee shall engage in or accept private employment or render service, for private interest, when such employment or service is incompatible with the proper discharge of their official duties or would tend to impair their independence of judgement or action in the performance of their official duties, unless disclosure is made as provided in this Code.

Section 10:  EXCEPTION TO CODE

Nothing stated herein shall bar members of the Town Council who are employed as teachers in the Town of Vernon, or whose spouses or other family members are so employed, from taking part in deliberation and voting regarding the Board of Education budget if at such time teacher compensation for the forthcoming year has been established and is not directly affected by such votes.

      b.  Nothing stated herein shall bar members of the Board of Education or 
           their employees from discharging their responsibilities according to 
           applicable state education mandates, statutes, and regulations.  Where 
           conflicts exist between state law and this Code, state law shall prevail.

      c.  A commercially reasonable loan made in the ordinary course of 
          business by an institution authorized by the laws of this state to engage 
          in the making of such loans shall not be deemed to create an interest in 
          violation of this code.

      d.  The ownership of less than five (5%) percent of the outstanding stock 
           in a publicly held corporation shall not be considered a substantial 
           financial or personal interest.

Section 11:  ADVISORY OPINIONS

Where any public officer or employee, individual(s), partnership(s), corporation(s) or other entities has a doubt as to the applicability of any provision of this code to a particular situation, or as to the definition of terms used herein, they may apply to the Board for an advisory opinion.  The officer, employee, individual(s), partnership(s), corporation(s) or other entities shall have the opportunity to present their interpretation of the facts at issue and of the applicability of provisions of the code before such advisory opinion is made.

Such opinion until amended or revoked shall be binding on the Town, the Town Council, and the Board of Education in any subsequent actions concerning the public officer, employee, individual(s), partnership(s), corporation(s) or other entities who sought the opinion and acted on it in good faith, unless material facts were omitted or misstated in the request for the advisory opinion.

Any advisory opinion prepared by the Board shall be made public.  However, the name of the person requesting the opinion and the names of all persons or business entities mentioned in the opinion shall be deemed confidential information and shall not be disclosed by the Board unless the public officer, employee, individual(s), partnership(s), corporation(s) or other entitles waives such confidentiality or where the Board deems the public official to have failed to act in good faith in requesting the opinion or in conforming with the opinion or to have failed to act in conformance with the opinion.

Section 12:  SEPARABILITY

If any provision of this ordinance if found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this ordinance to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this code which can be given effect without the invalid or unconstitutional provision or application.

Section 13:  SANCTIONS

Violations of any provisions of this Code should raise conscientious questions for the official concerned as to whether voluntary resignation or other action is indicated to promote the best interest of the Town.  Violation may, upon determination by the Council or the Board of Education, constitute a cause for censure, suspension, removal from office or other appropriate legal proceedings.  In the case of suspension or removal from office the Town Charter Provisions will be in force.  If a commission member's status is to be changed, then it would be up to the Mayor to proceed.

Section 14:  PROCEDURE FOR HANDLING COMPLAINTS

The Board of Ethics will conduct its investigations as a fact-finding body, adhering to strict confidentiality in all matters concerned, and will render advisory opinions containing its findings and conclusions.

Requests concerning complaints shall be received by the Board of Ethics only in compliance with Section 5 of the Code.

Upon receipt of a complaint, the Board shall determine whether said complaint falls within its jurisdiction within ten (10) working days.

If said complaint does not fall within the jurisdiction of the Board, the case will be dismissed, and the complainant and the accused will be notified in writing.

a. If the Board has any questions concerning jurisdiction, the complainant will be notified in writing to meet with the Board to clarify the allegation in detail, with said meeting to take place within thirty (30) days of notification to the complainant.

b. After meeting with the complainant, the Board shall make a final determination as to jurisdiction.

If the Board determines it has jurisdiction, then within five (5) working days after such determination, the accused shall be notified in writing of the alleged violation of the Code of Ethics and that they may elect to have all proceedings open according to the Freedom of Information Act. Upon receipt of said notice, the party so notified shall have the right to file a response within ten (10) working days and may, within said time period, demand a hearing by the Board. If a hearing is so requested, it shall be convened within twenty !20) working days after such request. If no request for a hearing is made, the Board by a vote of at least three (3) members, shall determine within thirty (30) working days after the mailing of the notice of such complaint whether a hearing is required. In the event a hearing is held, the person against whom such a complaint is filed, shall be notified in writing of the date, time and place of the hearing, within five (5) working days, as will the person who filed the complaint. In such hearings, the person against whom such a complaint is filed shall have the right to counsel, to confront all witnesses, to cross-examination and to present evidence on their behalf. All notices to the person about whom such complaint was made shall be mailed by certified mail.

All hearings and investigatory meetings are subject to the provisions of the Freedom of Information Act (CGS 1-18a through 1-21k as may be amended).

All affected parties to be interviewed shall be notified that the meeting is being held in open or executive session, sworn in and cautioned to observe confidentiality in the event of an executive session.

The Board, pursuant to Connecticut General Statutes Section 7-148h, may issue subpoenas or subpoenas duces tecum, enforceable upon application to the Superior Court, to compel the attendance of persons at hearings and the production of books, documents, records and papers.

If hearings or investigatory meetings are held in executive sessions, the accused shall be afforded the opportunity to be present during said executive sessions.

The Board shall issue a written decision with respect to violations of this Code on each case within ten (10) working days in which it shall give facts and the rationale for the decision.

Copies of the decisions shall be forwarded to the initiator of the request (Town Council or Town Administrator or Mayor; Board of Education or Superintendent of Schools or complainant), and the subject of the complaint.

The Board of Ethics shall maintain a record of all complaints filed. If, in the Board's opinion, it perceives abuse in filing of baseless or frivolous complaints by an individual or organization, the Board shall be empowered to apply sanctions against said complainant(s) according to policies it adopts as enacted by Town Council.

Section 15:  REPORT TO COUNCIL OR BOARD OF EDUCATION

The Board shall report to the Council or Board of  Education, as jurisdictionally appropriate, its findings as to a violation of the Code of Ethics, together with recommendations as to disposition to be made. If there was a defined violation of this Code, the Council or Board of Education shall consider such findings and shall determine what disposition shall be made.  If the Council or Board of Education wishes to proceed on the recommendation of the Board of Ethics, it shall take the appropriate action as may be indicated in Section 13 of this ordinance. Upon written request of the accused, the Council or Board of Education may elect to follow the general outline of Section 14, however, the process shall take no longer than twenty (20) working days.  A special exception may be granted to the time period at the discretion of the Council or Board of Education.

Section 16:  GENERAL GUIDELINES FOR TOWN OFFICIALS

The requirements herein set forth shall constitute a Code of Ethics establishing reasonable standards and guidelines for the ethical conduct of town officers of the Town of Vernon.  The purpose of these guidelines is to encourage town officials to actively participate and vote on as many issues as their conscience allows but still act in a consistent manner.  If a town official finds that they are abstaining from voting frequently they should obtain an advisory recommendation from the Ethics Commission or consider resigning.

Town officials of any commission or board who are officers, or directors of a non-governmental civic group, social, charitable or a religious organization which is seeking financial or other legislative action from that body shall not vote on such matters.

Town officials of any commission or board who are officers, directors, or active in negotiations of a union that is affiliated with any union of town employees shall disclose that relationship and shall not vote in any matters that affect that union or conditions of employment of any union of town employees.

Town officials of any commission or board who are employed in a profession or by a company which may be affected by legislation shall disclose that fact, but may vote on such legislation as long as they receive no direct compensation or benefit or will be affected in any way different from all individuals employed by that company or in that profession.

Town officials who are members of any commission or board who are state legislators, or are active in promoting, lobbying for or drafting related legislation at the state level shall disclose that interest any may vote on such legislation at the town level.

Section 17:  DISTRIBUTION OF CODE OF ETHICS

The Town Clerk shall cause a copy of this Code of Ethics to be distributed to every town officer and employee of the Town within thirty (30) days after enactment of this code.  This code shall be made known and available to individual(s), partnership(s), corporation(s), or other entities doing business with the Town.  Each public officer and employee elected, appointed or engaged thereafter shall be furnished a copy before entering upon the duties of this office or employment.

Revised:        April 25, 2022
                June 9, 2014
Reviewed:    March 11, 2013
 

Personnel

Certified Personnel

Conduct    4118.23
4218.23

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The Board of Education recognizes that school children are often influenced by the conduct displayed by teachers and other members of a school's staff.  The Board expects that staff will strive to set the kind of example for students that will serve them well in their own conduct and behavior and contribute toward an appropriate school atmosphere.

Employees are expected to report for work appropriately dressed, on time, and fully prepared to perform their duties.  They are expected to perform their duties in a timely and efficient manner, and to refrain from inappropriate conduct.  Every employee is expected to deal effectively with students, parents and other staff members, both superior and subordinate.

The personal life of an employee will be of concern to and warrant the attention of the Board only as it may directly affect the employee's fitness to perform the job, his/her their fitness to be placed in a position of trust with children and the property of the district, or constitute a conflict of interest.

Disciplinary action, when necessary, will be applied in accordance with applicable laws, policies, and collective bargaining agreements.

Revised:    March 28, 2022
Reviewed:    July 24, 2017
            March 11, 2013

Personnel - Certified and Non-Certified

Alcohol, Drugs and Tobacco         
Drug and Alcohol-Free Workplace
                  4118.232
4218.232

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The Board of Education is concerned with maintaining a safe and healthy working and learning environment for all staff and students. The Board recognizes the importance of maintaining an environment for its staff and students that is drug and alcohol free. Reasonable steps will be taken to create a safe workplace free from the effects of alcohol, second-hand smoke and drug abuse.
This policy is adopted in accordance with state law and the Drug Free Workplace Act. Employees must abide by the terms of this policy as a condition of employment.  An employee who violates this policy may be required to successfully complete an appropriate rehabilitation program, may not be renewed or their employment may be suspended or terminated, at the discretion of the Board.
Definitions
"Cannabis" means marijuana which includes all parts of a plant or species of the genus cannabis, whether growing or not, and including its seeds and resin; its compounds, manufactures, salts, derivatives, mixtures, and preparations; and cannabinoid, cannabinol, cannabidiol (CBD), and similar compounds unless derived from hemp as defined in federal law. The definition of marijuana also includes any product made using hemp, as defined in state law, with more than 0.3% total THC concentration on a dry-weight basis, manufactured cannabinoids, and certain synthetic cannabinoids.
"Cannabis product" is cannabis in the form of a cannabis concentrate or a product that contains cannabis, which may be combined with other ingredients, and is intended for use or consumption.
"Cannabis concentrate" is any form of concentration extracted from cannabis, such as extracts, oils, tinctures, shatter, and waxes.
"Medical marijuana product" is cannabis that (1) dispensary facilities and hybrid retailers exclusively sell to qualifying patients and caregivers and (2) the Department of Consumer Protection (DCP) designates on its website as reserved for sale to those individuals.
"Manufactured cannabinoid" means cannabinoids naturally occurring from a source other than marijuana that are similar in chemical structure or physiological effect to cannabinoids derived from marijuana, but that are derived by a chemical or biological process.
"Workplace" means the site for the performance of work done, which includes work done in connection with a federal grant. The workplace includes any District building or property; any District-owned vehicle or any other District-approved vehicle used to transport students to and from school or school activities; and off-District 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/supervision of the District, which could also include work on a federal grant.
"School-sponsored activity" means any activity sponsored, recognized, or authorized by the Board and includes activities conducted on or off school property.
"Drug" is defined as:
1.  "Controlled substances" which includes all forms of narcotics, depressants, stimulants, hallucinogens, steroids, and cannabis (including products made with or infused with these substances) and controlled drugs whose sale, purchase, transfer, use, or possession is prohibited or restricted by state or federal law;
2.  "Synthetic cannabinoids" which include drugs which are known or advertised as possibly affecting judgment, coordination, or any of the senses, including those which may cause drowsiness or dizziness; and
3.  Illegal substances.
“Controlled drugs” are further defined in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) and are further defined by Regulation 21 C.F.R. 1300.11 through 1300.15
"Prescription drugs" means drugs which are used in the course of medical treatment and have been prescribed and authorized for use by a licensed medical practitioner/physician or dentist, other than marijuana (cannabis) and marijuana-related substances.
"Smoking" means the burning of a cigarette, cigar, pipe or other similar device that contains in whole or in part, cannabis or hemp, in addition to tobacco.
"Electronic nicotine delivery system" for purposes of this policy means an electronic device used in the delivery of nicotine or other substances to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any related device and any cartridge or other component of such device, including, but not limited to, electronic cigarette liquid.
"Vapor product" means any product that employs a heating element, power source, electronic circuit or other electronic, chemical, or mechanical means to produce a vapor that may or may not include nicotine and is inhaled by the product's user.
"Under the influence" means any noticeable use, any detectable level of drugs or alcohol in the employee's blood or urine or any noticeable or perceptible impairment of the employee's mental or physical faculties.
"Criminal drug statute" means any criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance.
I.  Prohibited Behavior
To help maintain a drug-free school, community, and workplace, the following conduct is strictly prohibited of all District employees and volunteers. 
A.  Reporting to work or the workplace under the influence of alcohol, illegal and/or controlled substances including marijuana (cannabis) and anabolic steroids;
B.  Manufacturing, selling, delivering, soliciting, consuming, using, possessing, or transmitting alcohol in any amount or in any manner on District property or a District workplace at any time while students are under the supervision of the District, or when involved as an employee in a District activity on or off school district property;
C.  Unlawfully manufacturing, distributing, dispensing, possessing, or using a controlled substance in a District workplace;
D.  Using the workplace, District property or the staff member's position within the District to make or traffic alcohol, illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids;
E.  Using, possessing or transmitting illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids in a manner that is illegal or which impairs job performance or poses a hazard to the safety and welfare of the employee, the public, the students, or other employees; and
F.  Smoking or other use of tobacco products on school property during regular school hours, on transportation provided by the Board of Education, or during the course of any trip sponsored by the Board or under the supervision of the Board or its authorized agent.
II.  Use of Prescription Drugs
A.  Employees are permitted to use prescription drugs on school property, or during the conduct of Board business, that have been prescribed by a licensed medical practitioner.  Such drugs shall be used only as prescribed. In addition, employees shall not possess prescription drugs for the purpose of sale or distribution.
B.  However, the Board, in compliance with C.G.S. 21a-408a through 408q, prohibits the palliative use of marijuana on school property, at a school-sponsored event, or during the conduct of Board business. Employees are prohibited from being under the influence of intoxicating substances, including marijuana used for palliative purposes, during the work day.
III.  Smoking
A.  The Board prohibits smoking, including smoking using an electronic nicotine delivery system (e.g., e-cigarettes), and the use of tobacco products on school property or at any school-sponsored activity. 
B.  The workplace smoking ban also applies to cannabis, hemp, and e-cigarette use, involving cannabis.
C.  Tobacco and cannabis products will be permitted in a situation in which a classroom is used during a demonstration that is part of a medical or scientific experiment or lesson.
D.  The District will not make accommodations for an employee or be required to allow an employee to perform their duties while under the influence of cannabis or allow the employee to possess, use or otherwise consume cannabis while performing their employment duties.
IV.  Notification Requirements
A.  Any staff member who is taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with the safe performance of their job. If the use of a medication could compromise the safety of the staff member, other staff members, students or the public, it is the staff member's responsibility to use appropriate personnel procedures (e.g., use leave, request change of duty, or notify their supervisor of potential side effects) to avoid unsafe workplace practices. If a staff member notifies their supervisor that the use of medication could compromise the safe performance of their job, the supervisor, in conjunction with their superior, will determine whether the staff member can remain at work and whether any work restrictions will be necessary.
B.  As a condition of employment, each employee will notify their supervisor of a conviction under any criminal drug statute. Such notification will be provided no later than five (5) days after such conviction. The District will inform the federal granting agency within ten (10) days of such conviction, regardless of the source of the information.
C.  District employees are directed to report any suspected violation of this policy to an administrator or directly to the Superintendent of Schools or designee. The Superintendent or designee will investigate the allegation and meet with the alleged violator.
D.  All employees will be notified of this policy on a yearly basis and instructed to recognize that compliance is mandated.
E.  This policy shall be made known to prospective employees prior to employment.
V.  Disciplinary Action Upon Violation of Policy
A.  An employee who violates this policy may be subject to disciplinary action, consistent with applicable state and federal laws, up to and including termination. Enrollment and successful completion of an appropriate drug-or alcohol-abuse, employee-assistance rehabilitation program may be required at the discretion of the administration, 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 District incur any financial obligation for treatment or rehabilitation required as a condition of eligibility for reinstatement.
B.  Disciplinary action will include, at a minimum, a letter of reprimand and may include, but is not limited to suspension or termination from employment.
C.  The Board shall take disciplinary action with respect to an employee convicted of a drug offense in the workplace within thirty (30) days after receiving notice of the conviction.
D.  Should District employees be engaged in the performance of work under a federal contract or grant, or under a State contract or grant of $5,000 or more, the Superintendent shall notify the appropriate State or Federal agency from which the District receives contract or grant monies of the employee's conviction within ten (10) days after receiving notice of the conviction.
E.  The District may notify law enforcement agencies regarding a staff member's District deems appropriate.
VI.  Employee Assistance
In order to make employees aware of dangers of drug and alcohol abuse, and to provide an employee with the opportunity for rehabilitation in overcoming addiction to, dependence upon or other problem with alcohol or drugs, the District will:

A.  provide each employee with a copy of this District Drug- and Alcohol-Free Workplace policy;
B.  post notice of the Drug- and Alcohol-Free Workplace policy in a place where other information for employees is posted;
C.  make available materials from local, state, and national anti-drug and alcohol-abuse organizations;
D.  enlist the aid of community and state agencies with drug and alcohol informational and rehabilitation programs to provide information to District employees;
E.  provide information about benefits available under the Board's group medical plan for treatment;
F.  establish a drug-free awareness program to inform employees about:
•  the dangers of drug abuse in the workplace,
•  available drug and alcohol counseling, rehabilitation, re-entry, and any employee assistance programs, and
•  the penalties that the District may impose upon employees for violations of this policy.
CBD Products 
Employees are prohibited from possessing or using any product on school property or school-sponsored activities with cannabidiol (CBD), whether derived from hemp or cannabis, regardless of the amount of THC in the product or to the extent to which it is legal or illegal under state law.

Legal Reference:  Connecticut General Statutes
P.A. 21-1 (June Spec. Session) An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis
Controlled Substances Act, 21 U.S.C. §812; 21 C.F.R. 1308.11-1308.15
Drug-Free Workplace Act of 1988, 41 U.S.C. §701 et. seq.
Drug-Free Schools and Community Act, P.L. 99 570, as amended by P.L. 101 226 (199)
Safe and Drug-Free School and Communities Act of 1994, 20 U.S.C. §7101-71187 (as amended by Title IV - 21st Century Schools)
Drug-Free Workplace Act, 30 ILCS 580/1 et. seq.
Drug-Free Workplace Requirements for Federal Grant and Recipients 41 U.S.C. 8103

Revised:       March 28, 2022
Revised:       May 11, 2020
Reviewed:       July 24, 2017
                  April 27, 2015
                 May 14, 2012

Personnel

Certified Personnel

Duties of Personnel    4118.3
4218.3

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All employees of the school district are subject to policies of the Board of Education, applicable laws, and current employee agreements.

Job descriptions and job postings setting forth personnel duties and responsibilities shall include at least the following:

Job title.

Duties to be performed.

Type and extent of training required.

Degree of responsibility assumed.

Other related factors.

Job descriptions shall determine the job classification of employees on salary schedules. In each instance employees shall meet the requirements set forth in the job description. Job descriptions for all employees shall be maintained in the school system’s central administration office. 

Revised:    April 25, 2022
Reviewed:    March 11, 2013

Personnel

Certified Personnel
Non-Certified Personnel

Electronic Media, Communication/Technology Usage    4118.53
    4155
4255

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As the district grows in its use of technology, it is important that everyone understands that the intended use of technology is to assist all employees and students to be more efficient and productive in the performance of the duties related to their roles.  Therefore, it is imperative that:

All technology, equipment, and software purchased, owned or operated or financed through local and federal grants, or through donations, is to be used for business or approved educational purposes only and is not to be used to transmit, communicate, access or retrieve any obscene, derogatory, defamatory or other inappropriate information, messages, or any materials which violate copyright laws. 

Inappropriate use of technology, including unauthorized personal use, as determined by the Board, the administration or its designee, may result in disciplinary action up to and including termination, suspension or expulsion.

The administration reserves the right to review, audit and disclose all matters transmitted through Board of Education owned or operated technology since such correspondence is regarded as property of the Board.

The Intention of this policy is to encourage and ensure the proper utilization of all technology used for communication purposes.

Some examples of such equipment are, but not limited to: computers, laptops, chromebooks, tablets, telephones, cell phones, audio recorders, video recorders and players, copy machines, and fax machines.

(cf 4118.4/4218.4 Electronic Mail)
(cf 5131.81 Electronic Devices)
(cf Acceptable Use of Technology)  
(cf 6161.7 Use of Proprietary Software Products)  

Revised:    June 27, 2022
            March 12, 2018
            January 27, 2014

Personnel

Certified Personnel and Non-Certified

Electronic Mail 
4118.4/4218.4

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All district electronic mail systems are owned by the district and are intended for the purpose of conducting official district business only.  District electronic mail systems are not intended for personal use by employees of the district and employees should have no expectation of privacy when using the electronic mail systems.

Users of district E-mail systems are responsible for their appropriate use.  All illegal and improper uses of the electronic mail system, including but not limited to pornography, obscenity, harassment, solicitation, gambling, bullying and violating copyright or intellectual property rights are prohibited.  Use of the electronic mail system for which the district will incur an expense without expressed permission of an administrator is prohibited.

Electronic messages are not for private or confidential matters.  Because there is no guarantee of privacy or confidentiality, other avenues of communication should be used for such matters.  Except for directory information, student records will not be transmitted by electronic mail.  Care should be taken when forwarding an electronic mail message.  If the sender of an electronic mail message does not intend for the mail to be forwarded, the sender should clearly mark the message "Do Not Forward".

In order to keep district electronic mail systems secure, users may not leave the terminal "signed on" when unattended and may not leave their password available in an obvious place near the terminal or share their password with anyone except the electronic mail system administrator.  The district reserves the right to bypass individual passwords at any time and to monitor the use of such systems by employees.

The district retains the right to review, store and disclose all information sent over the district electronic mail systems for any legally permissible reason, including but not limited to determining whether the information is a public record, whether it contains information discoverable in litigation and to access district information in the employee's absence.

Except as provided herein, district employees are prohibited from accessing another employee's electronic mail.  All district employees should be aware that electronic mail messages can be retrieved even if they have been deleted and that statements made in electronic mail communications can form the basis of various legal claims against the individual author or the district.

Electronic mail sent or received by the Board, the district or the district’s employees may be considered a public record subject to public disclosure or inspection.  All Board and district electronic mail communications may be monitored.

District employees will be subject to disciplinary action for violation of this policy.

The Superintendent will ensure that all district employees have notice of this policy and that each district employee is given an acknowledgement form to sign stating they have received and read the policy.  The form will be maintained in the employee’s personnel file.

(cf. 5125 - Student Records)

Legal Reference:   Connecticut General Statutes

The Freedom of Information Act.
31-48d - Employers engaged in electronic monitoring required to give prior notice to employees

Reviewed:     April 25, 2022
Adopted:     February 25, 2013

Personnel                     

Certified Personnel
Rights, Responsibilities and Duties for
Acceptable Computer Network Use on
Social Networking Websites                                            4118.51/ 4218.51

 

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The Board of Education recognizes the importance of social media for its employees, and acknowledges that its employees have the right under the First Amendment, in certain circumstances, to speak out on matters of public concern.  However, the Board will regulate the use of social media by employees, including employees’ personal use of social media, when such use:

interferes with the work of the school district;
is used to harass coworkers or other members of the school community;
creates a hostile work environment;
breaches confidentiality obligations of school district employees;
disrupts the work of the school district;
harms the goodwill and reputation of the school district in the community; or
violates the law, board policies and/or other school rules and regulations.

A. Rules Concerning District-Sponsored Social Media Activity

If an employee seeks to use social media sites as an educational tool or in relation to extracurricular activities or programs of the school district, the employee must seek and obtain the permission of their supervisor prior to setting up the site.

If an employee wishes to use social media sites to communicate meetings, activities, games, responsibilities or announcements for a school-based club, activity, organization, or team, the employee must comply with the following:

a. The employee must communicate through a group list which will be 
     “closed” ( that is, membership in the group is limited to students,
     parents, and appropriate school personnel), and “monitored” regularly
     by that
     
b.  When Facebook (Meta) is used as the social media site, members will not be
     established as “friends”, but as members of the group list.  When other 
     social media sites are used, the employee will establish a similar 
     parameter on the basis of the functionality of the social media site used.

c.  Anyone who has access to the communications conveyed through the 
     site may only gain access by the permission of the employee (that is, 
     teacher, administrator, supervisor, coach).  Persons desiring to access 
     the page may join only after the employee invites them and allows them 
     to join.

d.  Parents shall be permitted to access any site that their child has been 
     invited to join.

e.  Access to the site may only be permitted for educational purposes 
     related to the club, activity, organization or team.

f.  The employee’s supervisor shall be permitted access to any site 
    established by the employee for a school related purpose.

g.  Employees are required to maintain appropriate professional boundaries 
     in the establishment and maintenance of all such district-sponsored 
     social media activity.

    3. Employees are required to use appropriately respectful language in their   
        social media posts on district-sponsored sites; and to refrain from harassing, 
        defamatory, abusive, discriminatory, threatening or other

4. Employees are required to comply with all Board of Education policies and 
        procedures and all applicable laws with respect to the use of computer 
        equipment, networks or devices when accessing district-sponsored social 
        media sites.

    5. All posts on district-sponsored social media websites must comply with the 
        Board of Education’s policies concerning confidentiality, including 
        confidentiality of student information.  If an employee is unsure about the 
        confidential nature of information the employee is considering posting, the 
        employee shall consult with their supervisor prior to making the post.

    6. The Board of Education reserves the right to monitor all employee use of 
 district computers and other electronic devices, including employee blogging and social networking activity.  An employee should have no expectation of personal privacy in any communication or post made through social media while using district computers, cellular telephones or other data services.

    7. An employee may not link a district-sponsored social media site or webpage 
        to any personal social media sites or sites not sponsored by the school   
        district. 

    8. An employee may not use district-sponsored social media communications 
        for private financial gain, political, commercial, advertising, proselytizing or 
        solicitation purpose.

9. An employee may not use district-sponsored social media communications 
        in a manner that misrepresents personal views as those of the Board of 
        Education, individual school or school district, or in a manner that could be 
        construed as such.

B. Rules Concerning Personal Social Media Activity

The Board of Education recognizes and respects the First Amendment rights of its employees and acknowledges that its employees have the right to speak out on matters of public concern through any and all media, including social media.

    1. An employee may not mention, discuss, reference the Board of Education, 
        the school district or its individual schools, programs, or teams on personal 
       social networking sites, unless the employee also states that the post is the 
       personal communication of the employee of the school district and that the 
       views posted are the employee’s alone and do not represent the views of the 
       school district or the Board of Education.

    2. Employees must refrain from mentioning other Board of Education 
        employees or other members of the school community (e.g. parents or 
        others) on personal social networking sites, without such individuals’
        express consent unless the employee is addressing an issue of public 
        concern and the employee’s speech falls under applicable constitutional 
        protections pertaining to the same.

    3. Employees are required to maintain appropriate professional boundaries 
        with students, parents, and colleagues.  For example, it is not appropriate 
        for a teacher or administrator to “friend” a student or otherwise establish special relationships with selected students through personal social media, and it is not appropriate for an employee to give students access to personal postings unrelated to school.

4 . Employees may not use the Board of Education’s logo or trademarks on 
their personal posts.  Please note that this prohibition extends to the use of logos or trademarks associated with individual schools, programs, or teams 
         of the school district.
                                                                                  
    5. Employees are required to use appropriately respectful language in their 
        personal social media posts; and to refrain from harassing, defamatory, 
        abusive, discriminatory, threatening or other inappropriate communications. 
        Such posts would reflect poorly on the school district’s reputation, could 
        affect the educational process and may substantially and materially interfere
        with an employee’s ability to fulfill their professional responsibilities.

    6. Employees are individually responsible for their personal posts on social 
        media.  Employees may be sued by other employees, parents or others, 
        and any individual that views an employee’s social media posts as 
        defamatory, pornographic, proprietary, harassing, libelous or creating a 
        hostile work environment.  Such activities are outside the scope of 
        employment, and employees may be personally liable for such claims.

    7. Employees are required to comply with Board of Education policies and 
        procedures with respect to the use of computer equipment, networks or 
        electronic devices when accessing social media sites.  Any access to 
        personal social media activities while on school property or using school 
        district equipment must comply with those policies, and may not interfere 
        with an employee’s duties at work.

8. The Board of Education reserves the right to monitor all employee use of 
        district computers and other electronic devices, including employee blogging and social networking activity.  An employee should have no expectation of privacy in any personal communication or post made through social media while using district computers, cellular telephones or other electronic devices.

 9. All posts on personal social media must comply with the Board of 
        Education’s policies concerning confidentiality, including the confidentiality 
        of student information.  If an employee is unsure about the confidential 
        nature of information the employee is considering posting, the employee 
        shall consult with their supervisor prior to making the post.

   10. An employee may not link a personal social media site or webpage to the 
         Board of Education’s website or the websites of the individual schools, 
         programs, or teams.

   11. All Board of Education policies that regulate off-duty conduct apply to social media activity, including, but not limited to, policies related to public trust, illegal harassment, code of conduct, and protecting confidential information.

C. Disciplinary Consequences

Violation of the Board’s policies and regulations concerning the use of social media may lead to discipline up to and including the termination of employment consistent with state and federal law.

Legal References:
     The Freedom of Information Act
US Constitution, Amendment I
     Connecticut Constitution, Article I, Sections 3, 4, 14
     Connecticut General Statute 31-48d
     Connecticut General Statute 31-51q
     Connecticut General Statute 53a-182; 53a-183; 53a-250
     Electronic Communication Privacy Act, 28 U.S.C.; 2510-2520
United States Code Title 20675 1-6777 Enhancing Education through Technology Act, Title II, Part D, especially: 6777 Internet Safety
United States Code Title 47
254 Universal Service Discounts (E-Rate)
Code of Federal Regulations: Title 47
54.520 Internet Safety Policy and Technology Protection Measures, E-rate discounts

Revised:    April 25, 2022
Revised:    July 24, 2017
Adopted:       April 27, 2015

Personnel

Certified Personnel

Travel Reimbursement    4133/4233

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At a mileage rate established by the Internal Revenue Service, the Board of Education shall reimburse employees and officials of the district for approved use of private vehicles in the course of performing job related responsibilities.

Revised:    May 9, 2022
Reviewed:    March 11, 2013

Personnel

Certified Personnel

Employee Organizations/Units    

                                                                                                           4135/4235

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Employee/Board of Education Relationships
Providing a high-quality education for children is the paramount aim of this school system, and good morale in the teaching staff is necessary for the best education of the children. Therefore, the Board of Education encourages participation of staff members in activities of their professional organizations and encourages organizations to exercise their rights and responsibilities clearly established by law:
1.  The Board of Education, under law, has the final responsibility of establishing policies for the school system.
2.  The Superintendent and staff have the responsibility of carrying out the policies established.
3.  The certified teaching personnel have the ultimate responsibility for providing excellent education in the classroom.

Attainment of Goals
Attainment of the goals of the educational program conducted in the schools of the district requires mutual understanding and cooperation between the Board of Education, the Superintendent and administrative staff, the certified personnel, the non-certified personnel and other citizens of the community.  Free and open exchange of views is desirable, proper and necessary.

Employee Organizations:  All employees are free to join or not to join employee organizations. Decisions affecting the individual employee are made without regard to membership or non-membership in such organizations.  Each employee is entitled to their individual legal or ethical rights and privileges.

Employees shall not be interfered with, intimidated, restrained, coerced or discriminated against, either by the school district or by employee organizations. They shall have the right to participate through representatives of their own choosing in the presentation of their views to the Board of Education.

Legal Reference:
Connecticut General Statutes
10-153a Rights concerning professional organization and negotiations.
10-153b Selection of teachers' representatives.
10-153c Disputes as to elections.
10-153e Strikes prohibited. Interference with the exercise of employees' rights prohibited.
46a-60 Discriminatory employment practices prohibited.
June 2017 Special Session PA 17-2, Section 157
Janus v. AFSCME Council 31.585 U.S.    138 S. CT. 248 (June 27, 2018)

Revised:         May 9, 2022
Reviewed:    May 13, 2013

Personnel

Certified Personnel

Staff Complaints and Concerns    
                                                                                                     4135.4/4235.4

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Procedures to settle personnel differences shall provide for prompt and equitable resolution of disagreements at the lowest possible administrative levels, and each employee shall be assured opportunity for an orderly presentation and review of complaints and concerns without fear of reprisal.

If unresolved, each employee will be assured the opportunity for an orderly presentation at the next highest level and review of complaints and concerns without fear of reprisal.  If requested, the Board of Education may choose to hear the complaint.

Reviewed    May 9, 2022
Revised:    May 13, 2013

Personnel

Certified Personnel

Non-school Employment    4138/4238

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School personnel may work in outside activities as long as these activities do not interfere with the proper discharge of assigned school district duties, do not constitute a conflict of interest, or do not cause poor public relations within the community.  It is expected that any outside activity should be carried out in a professional and ethical manner.  

Reviewed:    May 9, 2022
Revised:    July 24, 2017
        May 13, 2013

Personnel 

Certified Personnel 

Employee Safety and Protection                                                                                                                                                                            4148/4248

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Employees are entitled to work under safe conditions and should familiarize themselves with safety techniques and precautions. 

Legal Protection of Employer

As required by the General Statutes, the Board of Education shall indemnify Board members and employees. 

Use of Physical Force

An employee may use reasonable force as is necessary to protect themselves from attack, to protect another person or property, to quell a disturbance threatening physical injury to others, or to obtain possession of weapons or other dangerous objects upon the person or in the control of a student. 

Physical Assaults or Threats on School Personnel: Employees shall immediately report cases of assault suffered by them in connection with their employment to their principal or other immediate superior. Such notification shall be forwarded immediately to the Superintendent who shall comply with any reasonable request from the employee for non-confidential information in the possession of the Superintendent relating to an incident or the persons involved, and shall act as liaison between the employee, the police and the courts. 

The Superintendent shall maintain records of any assaults for required reports to the Commissioner of Education. 

The employee may also, at their discretion, file a complaint with the local police.  No school administrator shall interfere with the right of a teacher or other school employee to file a complaint with the local police authority in cases of threats of physical violence or actual physical violence against such teacher or employee. 

As required by law, the Board of Education will file a report annually with the State Board of Education indicating the number of threats and physical assaults made by students upon teachers, administrators, and other school personnel and the number of physical assaults involving dangerous weapons made by students upon other students.

If criminal or civil proceedings are brought against an employee alleging that the employee committed an assault in connection with their employment, such employee may request the Board of Education to furnish legal counsel to defend the employee in any civil action or proceeding brought against the employee, within the limits set by law. 

Section 52-557b of the General Statutes provides that a teacher or other school personnel on the school grounds, in a school building, or at a school function who renders emergency first aid to a person in need thereof shall not be liable to such person assisted for civil damages for any personal injuries which result from acts or omissions by such person in rendering the emergency first aid, which may constitute ordinary negligence.

Such immunity does not apply to acts or omissions constituting gross, willful or wanton negligence. 

Legal References: 
Connecticut General Statutes 
10-233b Removal of pupils from class 
10-233c Suspension of pupils. 
10-233g Boards to report school violence. Reports of principals to police authority. 
10-235 Indemnification of teachers, board and commission members and employees in damage suits; expenses of litigation. 
10-236 Liability insurance. 
10-236a Indemnification of educational personnel assaulted in the line of duty. 
52-557b Immunity from liability for emergency medical assistance, first aid or medication by injection. School personnel not required to administer or render. 
53a-18 Use of reasonable physical force or deadly physical force generally. 
53a-19 Use of physical force in defense of person.

Revised:          May 9, 2022
        October 27, 2014

 

Personnel

Certified Personnel

Leaves    4150/4250

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Employed personnel of the school district may need to be absent for several reasons:
  
1.  Those beyond their control, such as personal sickness or injury, jury duty, military service or emergencies;  
 
2.  Those governed by compassion or conviction, such as family illness, bereavement, and other personal reasons;  
 
3.  Those stemming from occupational status such as attendance at meetings, conventions, in-service courses and seminars, and other patterns of additional study;   
 
    4.  Those provided by scheduled vacations.  
 
The Board of Education recognizes that absences for such reasons are justifiable and will provide for employee absences as authorized by law and negotiated agreements with bargaining units.
  
 
Legal Reference:    Connecticut General Statutes  
             1-4 Days designated as legal holidays.  
             10-156 Sick leave.  
                                       10-156b Tenure and sick leave rights of teacher on regionalization of school and dissolution of regional school district.  
              10-156c Military leave.  
             10-156d Reemployment after military leave.
  
 

 

Reviewed:    June 27, 2022
Reviewed:    March 12, 2018
Revised:    June 24, 2013
        June 9, 2003
        June 24, 2002
        

Personnel

Non-Certified Personnel

Leave Without Pay for Hourly Employees 4252

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The Vernon Board of Education authorizes the Superintendent of Schools to approve leave without pay for hourly employees. Building administrators are not authorized to officially approve leave without pay for hourly employees. These employees cannot be granted leave without pay unless the Superintendent approves a written request from the employee with a written endorsement by the building administrator. In no case will be a leave without pay be granted in order that the employee might avoid using personal, vacation or sick leave. Individuals taking unauthorized leave may be subject to termination.

Policy Adopted: December 9, 2013

Personnel

Certified Personnel 
Non-Certified Personnel

Family and Medical Leave (FMLA)                              4152.6/4252.6

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In accordance with the Federal Family and Medical Leave Act of 1993, as amended, (hereinafter referred to collectively as “FMLA”), eligible employees may take a leave of absence for certain designated reasons. This policy presents a general overview of FMLA entitlements and requirements and should be interpreted consistently with such entitlements and requirements.  If this policy conflicts with applicable federal or state law, applicable law controls.

I.    EMPLOYEE ELIGIBILITY:

Employee must have worked for the Board for a minimum of twelve (12) months, and

Employee must have worked at least 1,250 hours during the 12-month 
      period prior to the start of the FMLA leave; a school paraeducator must 
have worked at least 950 hours during the previous 12 month period.    
Only hours actually worked – regular worked time plus overtime – count 
towards this requirement.  Paid leave (such as vacation, sick leave, 
holidays) and unpaid leave, including FMLA leave, are not included.

C.    Unpaid family and/or medical leaves may be granted for the following reasons:

Serious Health Condition of Employee, Employee’s Child, Parent or Spouse  

To be considered a serious health condition, the condition must be an 
illness, impairment or physical or mental condition that involves 
inpatient or outpatient care.  Inpatient care generally involves 
treatment at a hospital, hospice, or residential medical care facility.  
Outpatient care generally requires continuing treatment by a health 
care provider.

Birth, Adoption or Foster Care Placement.

To Serve as an Organ or Bone Marrow Donor.

Serious Injury or Illness of a Covered Service Member.

An employee who is a spouse, son, daughter, parent or next of kin of a 
covered service member is eligible to take family leave to care for the 
serious injury or illness of such individual.

To be considered a serious injury or illness, it must be an injury or 
illness incurred by the service member in line of duty on active duty in 
the Armed Forces that may render the member medically unfit to 
perform the duties of the member’s office, grade, rank or rating.

Because of a Qualifying Exigency.

An employee whose spouse, son, daughter or parent is on active duty 
(or has been notified of an impending call or order to active duty) in the
 Armed Forces in support of a contingency operation is eligible to take 
family leave for the following qualifying exigencies: (1) short-notice 
deployment; (2) military events and related activities; (3) childcare and 
school activities; (4) financial and legal arrangements; (5) counseling; 
(6) rest and recuperation; (7) post-deployment activities; and (8) other 
activities which arise out of the covered military member’s active duty 
or call to active duty status that the employer and employee agree 
qualify as an exigency and agree as to the timing and duration of such 
leave.

II.    EMPLOYEE OBLIGATIONS:

Employees are required to use their available paid time off during a family or medical leave of absence for any reason. That portion of the leave of absence that is used under these conditions will be with pay according to Board policies and/or any applicable collective bargaining agreement.

While as stated above, all accrued paid time off must be used before an employee is eligible to utilize any unpaid family or medical leave, an employee will not be required to utilize any such paid leave during an FMLA leave if she/he is simultaneously receiving payments under the Board’s Short Term Disability Plan (if any) or Workers’ Compensation laws (as applicable). 

The maximum amount of family and medical leave allowed, whether it includes paid and/or unpaid leave or whether it includes time off during which an employee is receiving payments under either the Board’s Short Term Disability Plan or the Workers’ Compensation laws, will not exceed the maximum leave entitlement as described below.

Since the purpose of leave under this policy is to enable employees to maintain their ability to continue employment with the Board, an employee may not work elsewhere while on FMLA leave during their regularly scheduled hours, unless otherwise required by applicable law.

When planning medical treatment or seeking intermittent leave, the employee must consult with the Superintendent or designee and must make a reasonable effort to schedule the treatment or intermittent leave so as to avoid unduly disruptive effects on the Board’s operations.  

Employees needing FMLA leave must, at a minimum, follow the Board’s usual and customary call-in procedures for reporting an absence, absent unusual circumstances.

Whenever an eligible employee’s medical or family leave is foreseeable based upon an expected birth, placement for adoption or foster care, or planned medical treatment, or to care for others, the employee should provide as much advance written notice as practicable, but must provide at least thirty (30) days advance written notice to the Superintendent or designee.  If such prior notice is impossible, as in the case of an unforeseen medical emergency or qualifying exigency, an eligible employee must provide notice as soon as practicable after they learn of the need for the leave (typically within one or two working days of learning of the need for leave). Failure to comply with these notice rules is grounds for, and may result in, deferral or denial of the requested leave.

All leaves due to a serious health condition of an eligible employee, or an eligible employee’s son/daughter, parent or spouse, or due to a serious injury or illness of a covered service member, must be accompanied by a medical certification from the appropriate health care provider identifying, among other things, appropriate medical facts regarding the condition and its probable duration.  Such medical certification must be provided before the leave begins, or in any event, within fifteen (15) days after the leave begins, unless the employee can demonstrate that it is not practicable to do so despite their good faith efforts.  Failure to comply with these medical certification requirements is grounds for, and may result in, deferral or denial of the requested leave. 

Subsequent medical re-certification will be required by the Superintendent or  designee as necessary, but no more than once every thirty (30) days after receipt of the initial medical certification. 

All leaves due to a qualifying exigency must be accompanied by a certification as has been prescribed by the Secretary of Labor. 

In response to a request for leave necessitated by the serious health condition of the employee or others, the Board may require the employee to obtain a second opinion from a health care provider selected and paid for by the Board. 

While on leave, employees are, at a minimum, required to report on the 1st day of each month to the Superintendent or designee regarding the status of the family or medical condition(s) and their intent to return to work. 

Under Board policy, employees are required to provide at least two (2) weeks of advance notification of the date they intend to return to work from a leave of absence provided for under this policy. 

III.    MAXIMUM LEAVE ENTITLEMENT:

The maximum FMLA leave entitlement for employees eligible under this policy is twelve (12) weeks in the one-year period measured from the date of the employee’s first day of FMLA leave due to: (1) the serious health condition of the employee or the employee’s child, parent or spouse; (2) birth, adoption or foster care placement; (3) service as an organ or bone marrow donor; or (4) a qualifying exigency.  

The maximum FMLA leave entitlement for employees eligible under this policy due to the serious injury or illness of a covered service member is twenty-six (26) weeks in the one-year period measured from an employee’s first day of FMLA leave taken. 

c.  The maximum entitlements for FMLA leave stated herein do not afford 
     eligible employees who have multiple qualifying reasons the ability to take
     more leave than they otherwise would be entitled to take for a single 
     qualifying reason during the applicable time period.   

Any absences that qualify as FMLA leave runs concurrently with an absence under the Board’s Short Term Disability Plan (if any) and/or Workers’ Compensation laws (as applicable). 

Any time spent performing “light duty” work does not count against an employee’s FMLA leave entitlement, whether such “light duty” work has been required by the Board or requested by the employee.  Therefore, any employee’s right to restoration of their job is held in abeyance during the period of time (if any) the employee performs light duty (or until the end of the applicable FMLA leave period).

F.  1.    When a husband and wife are both eligible employees of the Board, they are each individually eligible to receive the maximum leave time allowable for: 

their own serious health condition or the serious health condition of a son/daughter or spouse;

a qualifying exigency;  

 2.    When a husband and wife are both eligible employees of the Board, they are eligible in the aggregate for the maximum leave allowable to one individual eligible employee for purposes of family leave taken due to:

the birth, adoption or placement of a son/daughter;

 the serious health condition of a parent; or 

the serious injury or illness of a covered service member (or for a combination of leave taken for this reason and any other qualifying reason.  

G.  1.    An eligible employee may take intermittent leave or leave on a reduced schedule (up to the amount of the maximum leave entitlement) when medically necessary due to the employee’s own serious health condition, or the serious health condition of the employee’s son/daughter, parent or spouse, or due to the serious injury or illness of a covered service member. An eligible employee may further take intermittent leave or leave on a reduced schedule (up to the amount of the maximum leave entitlement) due to a qualifying exigency. Employees seeking to take intermittent leave or leave on a reduced schedule are subject to the same notice, medical certification and other employee obligations identified above. In addition, if such intermittent or reduced schedule leave is requested, the Board reserves the right to temporarily transfer the employee to an available alternative position with equivalent pay and benefits (but not necessarily equivalent duties) that better accommodates this type of leave. 

Intermittent or reduced schedule leave may not be taken upon the birth, adoption or foster care placement of an employee’s son/daughter unless agreed to by the employee and the Board.

There is no obligation under the FMLA to guarantee an employee’s original job or an equivalent position beyond the maximum period specified above.

IV.    MAINTENANCE OF HEALTH BENEFITS:

An eligible employee’s medical benefits will continue during a FMLA leave of absence up to the maximum amount of leave afforded under this policy. While on paid leave, if any, the Board will continue to make payroll deductions to collect the employee’s share of the medical insurance premiums. While on unpaid leave, the employee must continue to pay their share of the medical insurance premiums, either in person or by mail. The payment must be received as directed by the Board. Failure of the employee to pay the premium may result in loss of coverage.

Employees have a thirty (30)-day grace period in which to make required premium payments.  If payment is not timely made, health insurance coverage may be cancelled, if the employee has been notified in writing at least fifteen (15) days before the date that coverage would lapse.  At the Board’s option, the Board may pay the employee’s share of the premiums during FMLA leave if the coverage were to lapse due to failure of the employee to make timely payments, and then recover such payments from the employee, through payroll deduction or other means of repayment agreed upon between the Board And the employee, upon the employee’s return to work. 

Should an employee’s health insurance lapse due to non-payment while on FMLA leave, the Board will again provide health insurance benefits according to the applicable plans when the employee returns from the leave of absence.

If an employee does not return to work following FMLA leave for a reason other than: (1) the continuation, recurrence, or onset of a serious health condition (or serious injury or illness in the case of a covered service member) which would otherwise render the employee eligible for FMLA leave; or (2) other circumstances beyond the employee’s control, the Board reserves the right to seek reimbursement from the employee for the Board’s share of any health insurance premiums paid on the employee’s behalf during the employee’s FMLA leave.

V.    RIGHTS UPON RETURN FROM LEAVE:

If an employee is considered a “key employee” as defined in the FMLA, restoration to employment may be denied following FMLA leave if restoration will cause substantial and grievous economic injury to the Board.  

If an employee is not a “key employee” as defined in the FMLA, upon the conclusion of an FMLA leave (or the expiration of the maximum family or medical leave provided by law, whichever occurs first), s/he may return to work with all seniority, retirement or fringe benefits they had at the commencement of such leave. There will be no accruals of such benefits (including paid time off) during an FMLA leave.

If an employee is not a “key employee” as defined in the FMLA, upon the conclusion of an FMLA leave (or the expiration of the maximum family or medical leave provided by law, whichever occurs first), they will be reinstated to the same position they held prior to such leave or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. If an employee is medically unable to perform his/her prior job, they will be offered work suitable to their physical condition, if such work is available, at the pay rate appropriate to that job.

If an employee cannot return to work at the expiration of the maximum FMLA leave allowed, the Board has no obligation under the FMLA to restore an employee to any position. An employee on leave or returning from leave has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the leave period.

VI.    FITNESS FOR DUTY CERTIFICATION:

In accordance with applicable law and Board policy governing returns to work after a medical absence, employees returning to work after a medical leave due to their own serious health condition (other than an employee taking intermittent leave or leave on a reduced schedule) must present a fitness-for-duty certification from their health care provider to the Superintendent or designee prior to their return to employment. 

If there are any medical restrictions upon an employee’s return to work, the health care provider should state these restrictions in the certificate provided.  It is the employee’s responsibility to notify the Superintendent or designee of any such restrictions prior to the employee’s return to work. 

Employees will not be eligible to return to work after a medical leave without being medically cleared to do so.  In addition, the Board reserves the right to have its own health care provider and/or the Superintendent or designee contact the employee’s health care provider for purposes of clarification of the employee’s fitness to return to work certification.  Under no circumstances will an employee’s direct supervisor make contact with the employee’s health care provider for purposes of determining fitness for duty (or any other medical certification issue pertaining to FMLA).

VII.    SPECIAL RULES FOR INSTRUCTIONAL EMPLOYEES:

Notwithstanding the above, special rules affect the taking of intermittent leave, leave on a reduced schedule, or leave near the end of an academic term/semester by instructional employees.   

Instructional employees are those whose principal function is to teach and include teachers, athletic coaches, driving instructors, and special education assistants (such as signers for the hearing impaired).  These special rules do not apply to teacher assistants or aides who do not have as their principal job actual teaching or instructing, nor do they apply to auxiliary personnel such as counselors, psychologists or curriculum specialists.

If an eligible instructional employee needs intermittent leave or leave on a reduced leave schedule to care for a covered family member with a serious health condition, or a covered service member, or for the employee’s own serious health condition, which is foreseeable based on planned medical treatment, and the employee would be on leave for more than twenty percent of the total number of working days during which the leave would extend, the Board may require the employee to choose between: 1. being temporarily transferred to a position outside of the classroom which has equivalent pay and benefits; or 2. taking continuous leave for the entire period rather than a leave on an intermittent basis.

If an eligible instructional employee is scheduled to return from leave near the end of the school year, they may be required to extend the leave through the end of the term/semester (with pay) if they would have returned within the last two (2) or three (3) weeks of the semester’s end, depending on when the leave began and its duration.  This applies in three (3) instances: 1. when an eligible instructional employee begins a leave of absence of at least three (3) weeks duration more than five (5) weeks before the end of the semester, and they are scheduled to return to school during the last three (3) weeks of such semester; 2. when an eligible instructional employee begins a leave of absence of at least two (2) weeks duration within the five (5) week period preceding the end of the semester, and they are scheduled to return to school during the last two (2) weeks of such semester; and 3. when an eligible instructional employee begins a leave of absence of at least five (5) days duration within the three (3) week period preceding the end of the semester.  In each of these three (3) instances, the Board may require the employee to extend their leave until the end of the semester in order to afford the employee the needed leave without interrupting the education process at a critical point in the school year.  In such cases, the eligible instructional employee possesses the same rights to reemployment and continuation of health benefits as stated above.

Legal Reference:

The Family and Medical Leave Act of 1993, as amended. 29 U.S.C. §2601 et seq.

Public Act 12-43

Revised:    June 27, 2022
             June 25, 2018
December 10, 2012
 

Personnel

Certified Personnel
Non Certified Personnel

Vacations and Holidays    4153/4253

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General:  Vacation and holiday practices shall be in accordance with employee negotiated agreements and this policy.  In case of conflict between policy and agreements, provisions of negotiated agreements shall prevail.

Vacation time/days for 11 or 12 month employees will be granted only at times of the year when such vacation days will not interfere with the normal operation of the school system.

All applications for vacations are subject to final approval by the Superintendent.

Legal Reference:
Connecticut General Statutes
1-4 Days designated as legal holidays.

Reviewed:    June 27, 2022
        March 12, 2018
        September 23, 2013

Personnel

Non-Certified Personnel

Employee Assistance 4254*

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*This policy and/or regulation is the same for certified and non-certified personnel.

See page 4154.