1 5212F Every Employee Must Be Told

User Manual: 5212F

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Training Module: For New and Existing Employees
Copyright © 2013
This training module is licensed
for the time period of
September 1, 2013 through August 31, 2014
copyright © 2013, Version 8
No information may be replicated without the expressed consent
of the Washington School Personnel Association.
For more information on additional resources and training, contact:
Washington School Personnel Association
Email: admin@wspa.net
To proceed through the training module,
press either key identified below
and the next operation will automatically be performed as you
advance from one slide to the next.
*********************************************************
To go back to a previous slide,
press either key identified below.
Index
•Instructions slide #5
•District Policies slide #6
•Schools Deal with Misconduct slide #7
•Dear Employee slide #8
•Training Objectives slide #9
•Training Module Guide slide #10
•Legal References slide #11
•What the Data Says slide #12
•The Outstanding Employee slide #13
•Teacher Responsibilities slide #14
•Acts of Unprofessional Conduct slide #15
•Crimes Requiring Dismissal slide #16
•Student Records and Confidentiality slide #17
•Child Abuse Reporting slide #18
•Bullying slide #20
•Professional Boundaries slide #22
•Sexual Misconduct slide #28
•Pornography slide #29
•Firearms and Dangerous Weapons slide #30
•Investigations slide #31
•Whistleblower Protection slide #32
•Privacy and Search slide #33
•Search and Seizure slide #34
Ready to go? Let’s get started.
Press the forward key on your
keyboard. 4
•Supervision of Students slide #35
•Safety slide #39
• Discrimination slide #41
•Malicious Harassment slide #42
•Sexual Harassment slide #43
•Alcohol, Drugs, and Tobacco slide #51
•Technology Ethics slide #52
•Use of E-Mail slide #53
•Electronic Recording slide #54
•Freedom of Speech slide #55
•Social Networking slide #56
•School Employee Ethics slide #57
•Attendance and Absenteeism slide #58
•Facilities in Election Campaigns slide #59
•Religion slide #60
•Bloodborne Pathogens slide #64
•Injury at Work slide #66
•Employee Rights slide #67
•Employee Files slide #68
•Employee Assistance slide #69
•Values-Based Culture slide #70
•Student Medication slide #71
•Certificate of Completion slide #72
Index
Index
Instructions
1) Specific training assignments will be given. These assignments will be
identified by an apple icon . To make your learning meaningful, follow
through on these assignments to enhance your knowledge of the topic.
Welcome to the What Every Employee Must Be Told training module. In
order to progress through the training, you will need to be aware of the
following:
5
2) Upon conclusion of your training, you will receive a certificate of
completion verifying your participation and understanding of the
module. A copy of this certificate is the last slide in this module.
Complete by signing and having your supervisor sign. Copy the
certificate and retain one for your files. Forward the other signed copy
to your Human Resources Office.
3) Before beginning this online training, you will need to reflect on the next
slide, titled District Policies.
Index
District
Policies
• Records and Confidentiality 5202P/5260
•Child Abuse Reporting 3421 & P
• Investigations 5212 & P/5271P
• Supervision 6605P/6630
• Safety 6605 & P/6510 & P/6511 & P
• Discrimination 5010 & P & F
• Sexual Harassment 6590 & P & F
•Boundaries 5253 & P/5212F
•Bullying 5212 & P
•Alcohol and Drugs 5201
• Weapons 4210/3241P
• Religion 3210
• Search and Seizure 3230
• Bloodborne Pathogens 6512 & P/3414 & P
•Technology Ethics 5274 & P & F
•Employee Discipline 5281 & P
Do you know what each policy states?
6
Reflect for a moment.
Does your district have a
policy/regulation regarding the
topics listed below?
Yes Policy #s
Each and every student within our schools
should feel safe and comfortable walking down
the halls of his/her school. Sadly, this is not
always the case. This training module is
designed by the Washington School Personnel
Association to assist all employers and
employees in being accountable for our greatest
resource: our students.
Index 7
Index
Dear Employee:
As employees within educational institutions across the
state, our job is to prepare Washington students to
live, learn, and work as productive citizens in the 21st
century. As the providers of education to our diverse
students, we have a responsibility to model and uphold the highest levels of
professionalism. Our schools throughout this great state are places of learning for
students and workplaces for staff. Institutions that allow employee misconduct in
the teaching, learning, and working environments of employees and students risk
not only unlawful practices, but a betrayal of trust. Our goal is to keep both
students and employees safe and avoid behaviors that put them at risk.
School districts must educate employees in their responsibilities when interfacing
with students, parents, community, and staff. This training module is an essential
resource for understanding those responsibilities. It provides an overview of what
is expected to ensure an environment where all students can learn, thrive, and
prosper, and where employees can excel.
8
Index
Training Objectives
for
What Every Employee Must Be Told
1) To provide necessary information
required by statute for public school
employees in the state of Washington.
2) To reinforce the personal and
professional responsibilities all
employers and employees have in
providing a nurturing environment for
all students to learn.
3) To assure that all employees are
provided reasonable knowledge and
adequate notice of acceptable and
unacceptable behaviors.
9
Index
Training Module Guide
This training is designed as a self-study module. As you progress through each
slide, you will see information presented in the following format.
Topic addressed.
Left side of slide presents
summary information.
Right side of slide provides
“talking points” for topics
just presented.
Apple icon represents
assignments to be
completed.
Refers to helpful hot links.
Provides ability to always
return to the Index page.
Slide number.
10
References
•RCWs – refers to the Revised Code
of Washington, which are statutes
enacted by the state legislature
•WAC – refers to the Washington
Administrative Codes, which, in the
case of school districts, consist of
rules adopted by the State Board of
Education and the Superintendent of
Public Instruction
•Title VII – refers to the Civil Rights
Act of 1964 that prohibits
discrimination in the workplace
•FERPA – refers to the federal
Family Education Rights and Privacy
Act, which protects the privacy of
student education records and
provides access to parents
•OSPI – refers to the Office of the
Superintendent of Public
Instruction
While progressing through this training
module, you will notice legal references.
They provide the legal basis for the
information presented.
This employee training module has
four parts: 1) statistical information
related to the educational environment, 2)
employee expectations and exemplary
behavior, 3) an overview of unprofessional
conduct, and 4) a discussion of employee
rights and responsibilities together with
resources available.
A certificate of completion is awarded for
satisfactorily completing the training.
Index 11
What the Data Says
•Approximately 10% of students in grades 8 through 11
report unwanted sexual misconduct by a school
employee during their years in school.
•Teachers are identified as the most common offenders
followed by coaches, substitute teachers, bus drivers,
teacher aides, other school employees.
USDOE, Educator Sexual Misconduct: A Synthesis of
Existing Literature, Washington, D.C., 2004
Most employees within the public school
setting in the state of Washington
demonstrate the highest levels of
commitment and professionalism. At the
same time, a review of the data and
newspaper articles reveals the
grim reality of employee misconduct. When
it occurs, the impact is monumental. Not
only are students, families, and the
organization affected, the profession of
education is called into question.
In light of the data presented, it is our
responsibility to protect children and
reinforce an employee code of behavior
that enhances the mission and goals of
our educational system.
Index 12
•About 80% of HR professionals and employees agree that
their organization provides employees with enough
information on its mission while employees are twice as
likely as HR professionals to disagree that their
organization provides employees enough information on
workplace policies.
•HR professionals are more likely than employees to agree
that their organization provides employees enough
information on the organization’s ethics and values.
Society for Human Resource Management: Employee Trust
and Organizational Loyalty, Alexandria, VA, 2004
•The most frequent types of employee misconduct
observed are abusive or intimidating behavior,
misreporting of hours worked, lying, and withholding
needed information.
•Nearly half of non-management employees still do not
report the misconduct they observe.
Ethics Resource Center, National Business Ethics Survey,
Washington, D.C., 2003
The Outstanding or Competent Employee
In addition to having the knowledge,
skills, and abilities to be successful in
the workplace, an OUTSTANDING
employee:
What makes
an outstanding
and competent
employee?
What did you come up with? See
if any of your responses are addressed
in this training module.
Index 13
Let’s pause here and take
a minute to reflect on the
following question.
•has a clear understanding of their
role within the organization,
•embraces the policies, culture, and
values of the institution,
•demonstrates a commitment to
addressing unique needs of students
and employees, and
•possesses personal characteristics
that earn respect as a professional.
Teacher Responsibilities
WAC 180-44
•Must follow the prescribed course
of study and enforce the rules and
regulations of the school district
and the state
•Must evaluate each student’s
educational growth and
development and make periodic
reports to parents and
administrators
•Must make daily preparation for
their duties, to include attendance
at teachers’ meetings and such
other professional work as may be
required by the principal,
superintendent, or board of
directors
•Must maintain good order and
discipline in the classroom
Teaching is more than instruction.
Teachers must be prepared and must
participate in their professional
community. Teachers must also accept
responsibility as advocates for
students. Teachers, however, are not
responsible for personally resolving
issues that impact on a student’s
readiness to learn or that place a
student at risk. Teachers do have a
responsibility to be alert to student
issues and needs and to communicate
those needs to parents, administrators,
or counselors so that the welfare of the
student can be properly addressed.
Index 14
Examples
•Misrepresentation or falsification in the
course of professional practice
• Alcohol or controlled substance abuse
•Disregard or abandonment of
generally recognized professional
standards
•Abandonment of contract for
professional services
•Unauthorized professional practice
•Sexual misconduct with students
•Furnishing alcohol or controlled
substance to students
•Improper remunerative conduct
• Failure to assure the transfer of
student record information
• Failure to file a complaint regarding
misconduct
As important as it is to know the qualities of a
professionally competent employee, it is equally
important to understand what behaviors constitute
unprofessional conduct. What follows is a discussion
of unprofessional conduct and the specific
responsibilities of public school employees.
For certificated employees, school districts must
report acts of unprofessional conduct to the Office of
Professional Practices (OPP) when there is reason to
believe that a certificated employee has committed an
act of unprofessional conduct. The report, which
becomes a matter of public record, is subject to
investigation by OPP and may lead to discipline,
suspension, or revocation of the teaching certificate.
Such investigation and discipline is separate from any
action taken by the district with regards to continued
employment.
For classified employees, acts of unprofessional
conduct are not subject to state reporting, with some
limited exceptions such as child abuse or use of drugs
or alcohol by school bus drivers. Non-reportable
unprofessional conduct is still subject to investigation
and discipline consistent with district policies and
collective bargaining agreements.
Acts of Unprofessional Conduct
WAC 181-87
Index 15
Crimes that Require Dismissal
RCW 28A.400
Felony crimes against children are
those defined in criminal statutes for:
• Indecent exposure
• Physical neglect
• Homicide
• Assault
• Sex offense
• Kidnapping
• Child selling or buying children
• Promoting prostitution
• Robbery
• Similar laws under other jurisdictions
Washington statutes require
termination of school district
employees upon pleading guilty or
upon being convicted of a felony
crime against children or attempts,
conspiracies, or solicitations to
commit a felony crime against a child.
School districts are entitled to recover
compensation provided to an
employee who is on paid leave until
the time of a guilty plea or conviction.
Index 16
•Educational records are student
records kept or maintained by schools.
•FERPA (the Family Education Rights
and Privacy Act) governs the
information in records.
•Personally identifiable student
information is confidential – no sharing
of student information without parental
permission unless a specific FERPA
exception applies.
•Student records are available to both
parents, even if divorced, unless there
is a court order to the contrary.
•Student records are available to staff
with legitimate need to know.
Student Records and Confidentiality
Employees must protect all student
information and should not engage in any
discussions concerning a student with any
person within or outside of the school district,
other than the student’s teacher(s),
administrators or other designated district
officials, or the student’s parents.
There are no appropriate circumstances for a
non-certificated employee to discuss a student
with a parent without the active involvement of
the teacher and/or administrator. Protected
information includes, but is not limited to, the
student’s academic performance, special
needs, and discipline record.
Index
Clicking here will take you to a website on
confidentiality.
17
Index
•When in doubt, report.
•Notify district office.
•Report is made to law enforcement
agency or Child Protective Services
(CPS).
•Follow CPS or law enforcement
directions regarding parent
notification.
•Disclose all requested education
records to officials investigating a
child abuse report (an exception to the
FERPA requirement of confidentiality).
NOTE: Depending on the district policy,
employees report directly, or may contact a
supervisor or administrator and jointly make the
report to CPS or law enforcement.
Child Abuse Reporting
RCW 26.44.030
Protecting students is one of our greatest
responsibilities in public education. All school
district employees, classified and certificated,
are required by law to report suspected child
abuse, regardless of the perceived source of
abuse. Suspected means you have reasonable
cause to believe abuse has occurred. You don’t
have to be positive. Employees are reporters,
not investigators. If the alleged abuser is an
employee, reports are to be made to a
supervisor or administrator, who will cause a
report to be made to law enforcement if
reasonable cause exists to believe that abuse
has occurred. An employee who fails to make
such a report violates state statute and is
subject to discipline up to and including
dismissal.
Employees must protect student
confidentiality and must not discuss situations
with other employees, students, or individuals.
18
Employees and administrators are mandatory
reporters of child abuse. They must report to
CPS or law enforcement as soon as possible, but
in no event later than 48 hours. Employees
should not attempt to investigate the abuse
themselves. School administrators should be
aware of the proper procedures for determining
reasonable cause to believe that the misconduct
has occurred.
The school administrator must notify a parent or
guardian of the complaint within forty-eight (48)
hours of receiving the report. When notifying the
parent or guardian, the school administrator must
inform the parent or guardian of their rights under
the Washington Public Disclosure Act (RCW
42.56) to request the public records regarding
school employee discipline.
•Applies to certificated and classified
personnel.
•Personnel must report knowledge or
reasonable cause to believe that a
student has been a victim of physical
abuse or sexual abuse by another
school employee.
•Report must be made to a school
administrator, who must cause a
report to be made if he/she has
reasonable cause to believe the
misconduct has occurred.
Index 19
Child Abuse Reporting
If school employee is suspect – RCW 28A.400.317
Bullying
RCW 28A.300.285
Harassment, intimidation or bullying
means any intentional electronic,
written, verbal, or physical act,
including but not limited to one shown
to be motivated by any characteristics
in RCW 9A.36.08, or other
distinguishing characteristics when
the intentional act:
Physically harms a student or damages
the student’s property; or
Has the effect of substantially interfering
with a student’s education; or
Is so severe, persistent, or pervasive that
it creates an intimidating or threatening
educational environment; or
Has the effect of substantially disrupting
the orderly operation of the school
Bullying is a growing phenomenon
that is destructive to students and to
the learning environment.
The aggressor may be a student, staff
member, or other school community
member.
All school district staff are required to
intervene if they see bullying
behaviors.
All incidents are to be reported to a
school administrator.
Index 20
Clicking here will take you to a website
with more information on bullying.
Adult-to-Adult Bullying
Bullying Examples:
•Repeated use of insults
•Verbal threats, humiliation
and verbal abuse
•Swearing and yelling
•Undermining work
performance
•Assigning impossible tasks
•Assigning trivial tasks
•Taking credit for another’s
work
•Constant undervaluing
•Non-productive criticism
Adult-to-adult bullying is repeated
hurtful or hostile actions intended to
mistreat or control another and
decrease a person’s self-worth.
Bullying takes an emotional toll on the
bullied employee and impacts his/her
ability to work effectively. It can
increase leave usage and impact
productivity. Notify a supervisor when
you observe behaviors that could be
bullying.
Know your district policy. Some
policies on bullying apply to staff-
student relations as well as student-
student and adult-adult. A civility
policy may also address adult
bullying. Index 21
Click here for more information:
http://www.lni.wa.gov/Safety/Research/Files/Bullyi
ng.pdf
Sexual grooming is behavior
that desensitizes the victim.
It refers to actions
deliberately undertaken with
the aim of befriending and
establishing an emotional
connection with a child, in
order to lower the child's
inhibitions in preparation for
child sexual abuse.
It is estimated that there are 60 million
survivors of childhood sexual abuse in
America today.
It is estimated that children with
disabilities are 4 to 10 times more
vulnerable to sexual abuse than their
non-disabled peers.
Long-term effects of child abuse
include fear, anxiety, depression,
anger, hostility, inappropriate sexual
behavior, poor self-esteem, tendency
toward substance abuse, and difficulty
with relationships.
Guilt is universally experienced by the
victim.
Index 22
Professional Boundaries
(Sexual Grooming)
Sexual Grooming Behaviors
•Granting special
privileges/favoring/undue interest
•Meeting privately in unsupervised
or off-campus settings
•Providing rides home
•Offering additional, unneeded
assistance
•Making personal, flattering
comments
•Writing letters or e-mails
•Giving gifts or money
•Moving closer and closer
physically (i.e., sitting next to
student, touching student, putting
hand on shoulder, putting
affectionate arm around the back)
Sexual misconduct with students most often
doesn’t “just happen.” Over the course of
time, the victim is “groomed.” Offenders
spend a great deal of time and energy
gradually crossing boundaries and setting the
individual up for victimization. This grooming
behavior may start very innocently. Over time,
“personal space” boundaries are violated.
Offenders often justify this behavior by
rationalizing that the victim was lonely and
needed support, affection, or time with
someone who cared. These grooming
activities are “red flags.”
Pay attention to these “red flags.”
Recognize that perception of others is
crucial. If you notice these grooming
behaviors in others, do something about it
and inform your supervisor or building
administrator.
Index 23
Professional Boundaries
(Sexual Grooming)
More Unacceptable Behaviors
•Allowing inappropriate behavior
•Engaging in peer-like behavior
•Touching
•Personal secrets
•Outings away from other adults
•Home visits
•Inviting students to your home
•Inviting student to employee’s home
•Being behind closed doors
•Discussing personal problems or
sharing personal information
•Showing pornography
•Invading student’s space or privacy
•Socializing outside of school or
school events
•Using personalized terms of
endearment or affection
It may not be possible to determine
whether boundary invasion behaviors
are in fact sexual grooming until it is
too late.
Boundary invasion behaviors engaged
in by school employees which are
inappropriate or have questionable
educational benefit are prohibited.
All school district employees share a
responsibility to report behaviors that
may be inappropriate to a supervisor.
Index 24
Professional Boundaries
(Boundary Invasions)
Electronic Grooming:
•Instant Messaging
•Twitter
•MySpace
•Facebook
Index 25
Professional Boundaries
(Sexual Grooming)
Technology has enabled adults with an inappropriate
sexual interest in children to establish contact with
them, to develop relationships, and to groom potential
victims for sexual abuse. Of particular concern are
social networking technologies.
Social networking is being used extensively by
children, and some communications are of an
improper and illegal nature, in which personal
information is gathered for use in establishing
relationships with children for purposes of sexual
exploitation.
School employees do not need access to a
student’s personal electronic space for school
business. Additionally, school employees must
recognize the risk they create for themselves
when posting personal information to their own
electronic spaces. Such information, once disclosed,
could impair the employees’ ability to work effectively
and could result in discipline or loss of employment.
Professional Boundaries
Outside of school contact is
outside your scope of duty!
•Don’t put yourself at risk…even with parent
permission.
•Don’t transport students unless it’s
in the job description.
•Don’t invite students to your home or give
personal gifts.
• Don’t take students on private
excursions as rewards.
• Don’t socialize where students are
consuming alcholol, drugs or tabacco.
• Don’t send students on personal errands.
• Don’t use cell phones and personal
communication devices to create an
inappropriate relationship that could be
viewed as grooming and boundary
violation.
School employees, both certificated and
classified, are expected and required to
maintain proper boundaries between
themselves and students. School employees
should not become personally involved
(whether as a buddy or in romantic trysts) with
students.
Employees who interact with students outside
of the school district place themselves in an
extremely vulnerable position regarding
complaints of inappropriate behavior. They
may also compromise their roles as objective,
effective professionals when they give some
students inappropriate personal attention.
Such compromises can lead to performance
and/or discipline.
Index 26
Boundaries and Coaching
Coaches are placed in situations that
put them at greater risk of committing
an act of misconduct with a student or
creating the perception and allegation of
an act of misconduct. Reasons for this
include both settings and interactions:
Settings: trips, off-hours, one-on-one coaching,
athletic medicine, locker rooms, camaraderie
activities, closed rooms and closed facilities.
Interactions: buddies, hero worship, engagement
in personal life, more casual conversation, power
position, sense of special relationship.
Be vigilant in such situations, and exercise
great care not to behave in a manner that
leads to misconduct or the perception of
misconduct. Avoid being alone with
students; be especially guarded in physical
contact; and keep professional boundaries
in conversations and relationships.
Be the coach, not the buddy!
Index 27
Clicking here will take you to a website with
more information on coaching boundaries.
Sexual abuse is a physical act that
may involve touching and non-touching
behavior.
It may be seductive or coercive.
In any form, it is an abuse of power,
creates dependency, and builds on a
false sense of loyalty.
The risk of abuse is greater when there
are loose controls, passive attitudes, and
lack of bystander action.
Misconceptions
•If it’s consensual, it’s okay.
•No one will find out.
•The laws don’t apply to me.
•Age makes a difference.
____________________
Washington State law makes sexual
misconduct between school district
employees and students unlawful!
Sexual Misconduct
(By School Employee)
Students cannot consent to sexual relations
with a school district employee, thereby
making such behavior acceptable.
All cases involving sexual relationships
between students and employees are
unprofessional and unacceptable and will
generally result in discharge. For teachers, it
will also mean loss of the teaching credential
and posting to national databases.
Employees who commit sexual misconduct,
which includes verbal and physical abuse and
sexual harassment, are subject to being
reported for unprofessional conduct. If it
results in resignation or discharge, the
information must be provided by law to
future school district employers.
Index 28
Clicking here will take you to a website for more
information on sexual harassment..
Pornography Possession
and Access
RCW 28A.410.090 provides for the
mandatory suspension or
revocation of any teaching
certificate upon finding that:
•an employee has engaged in an
unauthorized use of school
equipment to intentionally access
material depicting sexually explicit
conduct
OR
•has intentionally possessed on
school grounds any material
depicting sexually explicit conduct
In keeping with equal treatment
concepts, districts generally impose
comparable penalties for teaching
and non-teaching staff.
Under the statute, a first occurrence
must result in either suspension or
revocation of a certificate. A second
occurrence must result in revocation
(i.e., discharge).
Suspension may, and revocation will,
result in discharge of the teacher for
failure to fulfill the certification
requirement of the employment
contract.
Index 29
Clicking here will take you to a website on the
definition of sexually explicit conduct.
Firearms and Dangerous Weapons
RCW 9.41.280
It is unlawful to carry onto, or to
possess on, public or private
school premises, school-provided
transportation, or areas of facilities
while being used exclusively by
public or private schools:
•any firearm
•any other dangerous weapon
•any device commonly known as
“nun cha ka sticks” or “throwing
stars”
•any air gun, including any air
pistol or air rifle
See RCW 9.41.280(3)(e) for licensed permit exception when
dropping off or picking up a student.
Weapons are a zero-tolerance issue
for school districts. Read and
understand your district policy on
firearms and dangerous weapons. It
is common for district policies to
extend the ban to:
•any device that looks like or is
alleged to be a firearm,
•any paintball gun, and
•any laser or laser system.
Employees must follow the district
policy not only in their personal
behavior, but also in their professional
duties. Seek the guidance of an
administrator when considering the
use of real or simulated weapons for
such activities as staging a student
play or planning student projects.
Index 30
Investigation of complaints is a very deliberate
process. Employees must be cautious not to
undertake their own investigation or take steps that
could undermine the ability of the district or law
enforcement to conduct an effective investigation (e.g.,
don’t release or share information outside of the
reporting structure).
If, as an employee, you are interviewed as part of an
investigation, you have an obligation to be responsive
and truthful in answering legitimate questions. Refusal
to answer such questions, or withholding of
information, is insubordination and may be subject to
discipline. You will be told to keep the matter
confidential to protect the integrity of the investigation.
An employee who has been accused of improper
behavior is entitled to representation during an
investigation interview that could reasonably lead to
discipline of the employee. Such representation does
not relieve the employee of the obligation to be
responsive and truthful.
Investigation interviews will typically result in the
employee being provided a documented copy of the
interview notes and being asked to sign a verification
that it is an accurate portrayal of the interview.
Investigations Are the
Responsibility of District
Administrators, Law
Enforcement, OSPI
Discussion points will address:
•Relationship of district
investigation to law enforcement
•Relationship of district
investigation to OSPI
•Maintaining the integrity of the
investigation
•Documenting the investigation
Investigations
Index 31
Whistleblower Protection
(RCW 42.41)
It is an improper action for an employee
to: • violate any law or rule
• abuse authority
• waste public funds
• endanger public health or safety
This does not apply to personnel
actions that fall under labor relations
statutes.
The identity of a reporting employee is
kept confidential to the extent possible
under law.
School district employees are encouraged
to disclose improper actions by school
officials and employees.
Employees who make “good faith” reports
are protected from retaliation under
42.41 RCW.
Retaliation includes adverse personnel
actions and hostile actions.
Employees are encouraged to make
such reports to an appropriate supervisor
or to the district’s designated official.
Index 32
Privacy Expectations
on:
•School property
•Private automobiles on
school property
•Desks and cabinets
•Briefcases and purses
Districts have a right to search
on school property. Automobiles
in the school parking lot, and
desks and storage areas at
school, are not immune from
search, and due process will be
followed. When there is a
reasonable basis to believe that
dangerous or inappropriate items
may be in personal belongings
such as briefcases and purses,
you will be asked to open them for
inspection. Though you have a
right to decline, the district may
contact law enforcement officials
for assistance. Drugs, alcohol,
weapons, and contraband are
prohibited in the school setting.
Privacy and Search
(Employees)
Index 33
Questions to Consider
•Is there reasonable cause to
search at the inception of the
search?
•Is the scope of the search based
on the object of the search?
•Is the invasiveness of the search
based on the maturity of the
students?
Search and Seizure
(Students)
The definitive guidance for what school district
employees may and may not do in cases of search
and seizure derives from a Supreme Court case titled
New Jersey vs. T.L.O.
While the court confirmed students’ 4th Amendment
rights against unlawful search and seizure, it said
school officials can search if they have “reasonable
suspicion.” This is different and more lenient than the
“probable cause” police officers must have before
searching. If school officials, in light of all the
circumstances, at the inception of the search, have
reasonable suspicion that a search will produce
evidence that a school rule has been violated, they
may search.
School administrators should conduct student
searches. Strip searches are prohibited under
Washington law and should never be undertaken
by a school district employee. If it is believed the
student has hidden illegal substances or objects
inside of clothing, parents and law enforcement
should be contacted.
NEVER, NEVER, NEVER strip search!
Strip
Search
Index 34
•Schools have a duty of care to
protect students from unreasonable
risk of harm.
•How much supervision is enough?
•Enough supervision must occur to
keep negative things from
happening.
Supervision consists of direct supervision,
student accountability, and being
observant.
Direct supervision is straightforward; when
inappropriate or unsafe behavior occurs, it must be
addressed consistent with school discipline policies
and classroom management practices.
Accountability is the process of accounting for each
student during each transition. It requires accurate
attendance and accurate accounting when
transitioning between classes and to and from recess
and lunch. Failure to account for students during
transitions is one of the more common areas of
employee misconduct.
Observant behavior goes beyond direct supervision
and accountability. It requires employees to remain
vigilant about what they see and hear and to act on
those things that suggest inappropriate or risky
behavior. That “action” may include direct intervention
or engaging another professional or administrator.
What it does not include is ignoring the problem and
leaving it to someone else.
Index 35
Supervision of Students
Does the activity involve ladders, knives,
wilderness, tide pools, or open flame? Are
there students involved who are known to not
follow directions or be unruly? These are
examples of factors that require greater
supervision. Think of all the “what-ifs” and
strive to prevent mishaps before they occur.
The most effective way to manage severe
behavior and/or risky behavior is to act
promptly and correct/defuse the behavior
before it escalates. Failure to do so is a
performance deficiency.
Always remain attentive. Being
inappropriately distracted, being asleep,
being out of supervisory range without good
cause, or other inattentive behaviors are a
significant performance and behavior failure.
Considerations for level
of supervision
–Activity
–Locale
–Equipment
–Students (behavioral
history, age,
competence)
Index 36
The greater the likelihood and gravity
of injury, the greater the amount of
supervision necessary.
Supervision of Students
Supervision of Students
Generally rely on breaks and
transition periods for tasks out of
the room or student area. When
possible, call for an adult to relieve
you. A few minutes out of a quiet
classroom may be OK if the students
are older, engaged, and capable of
self-supervision and no adult relief is
available.
Do you need to be out of
the room?
•Courts don’t expect 24-hour
supervision
•Parents do
•Test: Would the reason
you’re out of the room be
justifiable to parents of an
injured student? To a
newspaper reporter?
CAUTION!
Never leave a disruptive or
dangerous situation without
obtaining relief. Do not ask
students to supervise other students.
Index 37
Here are some crucial pointers to
review in addressing suicide
prevention and response:
•Take any suicide ideation or attempt seriously.
•Immediately report to principal or designee.
•Escort student to office or arrange for another
adult to do this.
•Do not leave student unattended at any time.
Never fail to act on information or
observations that may suggest that a student
is despondent, emotionally distressed, or
suicidal. Immediately contact school
administrators and school counselors and/or
psychologists to help assess the student.
They will contact mental health officials,
law enforcement, and/or parents as
appropriate.
Never leave a distressed student alone. Stay
with the student until administrator or
professional help is available.
SUICIDE STATISTICS
•Suicide is the 2nd leading cause of
death in Washington State for youth
(ages 15-19).
•An average of two young people
commit suicide each week in
Washington.
•Over 25% of 8th to 12th graders are so
depressed that they stop usual
activities.
•Over 20% of Washington State 6th to
10th graders indicated that they
sometimes think “life is not worth it.”
•Girls are twice as likely as boys to
develop depression.
Washington State Department of Health, 2008
Clicking here will take you to a website for more
information on teen suicide.
Index 38
Supervision of Students
Schools have a duty to protect
students from dangers that are
known or should have been
known. Dangers come from:
• Activity
•Environment
•Other students
•Other adults (volunteers,
contractors, chaperones,
partnerships)
Safety
(On Campus)
Even before education, a
school district’s primary
responsibility is the safety of
students. Every school district
employee is required to be
vigilant regarding student
safety, take actions to
safeguard students, and report
student safety concerns to
appropriate supervisors and
administrators.
Index 39
Do not allow students to
leave school without parent
permission.
Safety
(Off Campus)
Preplanning is necessary
•Purpose and relationship to curriculum
•Specific activity
–Insured?
–Board approved?
•Specific locale
–Known dangers?
–Nearest medical facility?
•Mode of transportation
• Chaperones
–Adequate number?
–Clear expectations?
•Special student needs
–Accommodations
–Medications
–Alternate activity for students not
participating in the field trip
Unfamiliar environments, more outside
influences, and less structured activities
present unique issues of safety and
supervision. Students participate in field trips
only with the expressed approval of
parents/guardians, and field trips are
conducted only with the expressed approval of
an administrator. Careful preplanning is a
necessity.
Employees should never transport students in
their personal automobiles except in
specifically approved situations. Such
situations are limited by the school district. Be
sure you understand your school district
policy regarding transportation of students
in personal vehicles.
Chaperones must know what is expected of
them and the scope of their responsibilities. If
they will be alone with students, they must
have criminal record clearance.
Index 40
Overview
•No person is to be discriminated
against based on sex, race, creed,
religion, color, national origin,
honorably discharged veteran or
military status, sexual orientation
including gender expression or
identity, the presence of any sensory,
mental, or physical disability, or the
use of a trained dog guide or service
animal by a person with a disability.
•Rising incidents in racial harassment
•Rising incidents in sexual orientation
harassment
•To ignore is to endorse the behavior
Discrimination
WAC 392-190-0591
Discrimination, prohibited by the Civil Rights
Act and Washington Law Against Discrimination,
is contrary to everything that public education
stands for. It is not acceptable in overt forms
(e.g., denying jobs to employees or denying
opportunities to students) or more discreet
forms. For example, it is discriminatory to
provide less assistance or more discipline to
students based on race or national origin. It is
discriminatory to set standards that have a
disparate impact on one sex or one race, and
the goal cannot be achieved by any lesser
means.
Index 41
At this time, obtain a copy of your
district’s discrimination complaint form.
Overview
•Criminal action based on bigotry
and bias
•Attack on person or property of
group historically persecuted (like
homosexuals)
•Prima facie examples
–Cross burning
–Swastika graffiti
•Different from sexual harassment
because it requires intent by the
perpetrator
Malicious Harassment
(Hate Crimes)
RCW 9A.36.078
Malicious harassment occurs when a person,
because of the victim’s race, color, religion,
ancestry, national origin, gender, sexual
orientation, or mental, physical, or sensory
handicap:
1) causes physical injury to the victim or
another person,
2) causes physical damage to or destruction
of the property of the victim or another
person, or
3) threatens a specific person or group of
persons and places that person, or
member of the specific group, in
reasonable fear of harm to person or
property.
Malicious harassment is a felony.
It subjects the harasser to civil
action and discipline.
Clicking here will take you to a website for more
information on malicious harassment.
Index 42
What Is Sexual Harassment?
•A form of sex discrimination
•Consists of unwanted sexual overtures so
severe or pervasive they disrupt the
learning or work environment
•Two types
–Quid pro quo - submission to harassment
is a basis for employment or educational
decisions
–Hostile environment - the harassment
creates an offensive work or learning
environment
•Staff and students are protected by Title
VII of the Civil Rights Act of 1964
Sexual Harassment
Index 43
Examples of Sexual Harassment
•Unwanted sexual or romantic letters,
notes, phone calls, requests for dates
• Unwanted kissing, sexual touching, leers,
or gestures
•Comments about own or others’ sexual
activity
•Sexual jokes, posters, cartoons, nude
photos, graffiti
•Name calling, “gay bashing”
• Sex-based “motivational” goading/teasing
• Skits, assemblies of a sexual nature,
dress-up days involving cross-dressing
• Sexual bullying, rape, sexual assault
• “Complimenting” on sexual development
•Rumors of a sexual nature
Clicking here will take you to a website for more
information on sexual harassment.
Different laws and
district policy
•Protect students from sexual
harassment
•Protect you as an employee from
sexual harassment
•Require you to re-examine your
own actions toward others
•Provide a complaint process for
prompt and thorough investigation
Sexual Harassment
Sexual harassment is one of the most
common forms of misconduct and discipline
experienced in school districts. It can be
minor, insidious, and pervasive, or it can be
more severe and more shocking.
It can be from employee to employee,
employee to student, student to student, male
to female, female to male, male to male, or
female to female.
It’s wrong. It interferes with learning and is
illegal. School districts have a significant
moral, functional, and legal responsibility to
maintain an environment free of sexual
harassment. Employees have a responsibility
to model appropriate behavior in their
interactions with students and staff.
Index 44
Sexual harassment is prohibited
by federal and state law and
district policy.
REMEMBER! NO ONE HAS TO
PUT UP WITH IT!
Key concept: UNWELCOME
•“Unwelcomeness” is in the
perception of the harassed.
•Intent does not matter.
•If conduct is welcome at first, then
later becomes unwelcome, the
change must be communicated.
•Complainant has no duty to tell
harasser before filing a complaint
except as above.
•“Reasonable woman” test: would
a person of the same sex consider
this harassment?
Sexual Harassment
The most common response from those
accused of unacceptable behavior is “I didn’t
mean it in an offensive way.” Employees must
understand that such a response is not a
defense and will not preclude disciplinary
action. It is the perception of the recipient
that is determinative. This means that each
employee has a responsibility to consider how
their words and behavior will be perceived, not
just how they are intended.
A good test is to ask yourself, “Would
I want my daughter or son to be on the
receiving end of such behavior?”
Index 45
Non-excuses
•“Didn’t mean to offend”
•“Thought he/she liked it”
•“Just teasing”
•“I wasn’t talking to him/her”
•“Boys will be boys”
•“This too shall pass”
•“Everyone else does/says it”
•“Can’t he/she take a joke?”
•“I’ve always acted this way”
•“I didn’t want to interfere”
•“Everyone else does it”
Sexual Harassment
Times change, but not all people do. Many
behaviors that were tolerated (perhaps never
“OK”) in the past are not socially, legally, or
professionally acceptable today. It’s not about
excuses, it’s about behavior appropriate for
today – and appropriateness is determined by
the perception of the recipient of the behavior,
not the intention of the perpetrator.
Dismissing or passing off inappropriate
behavior as “just teasing” or “boys will be boys”
only fosters such behavior for the future.
Ignoring the behavior will be construed as
condoning it.
Be decisive: make it stop!
Index 46
Where is sexual harassment likely
to occur?
For students:
•Classrooms
•Hallways
•Buses
•Field trips
•Rest rooms
•Locker rooms
•Cafeteria
•Playground
For staff:
•Faculty room
•Closed-door meetings
•School social events
•Conferences and field trips
Sexual Harassment
Sexual harassment can occur anywhere at any
time. If it occurs during a school-sponsored
activity, whether on school property or off, it is
unacceptable and subject to discipline.
There are settings that may be more
susceptible to acts of sexual harassment.
In more relaxed settings or more one-on-one
situations, there is an increased opportunity for
inappropriate behavior. Employees must
always be aware of the impact and
appearance of their behavior, but should be
especially so in such situations.
Similarly, school employees with
supervision responsibilities for students
should be especially attentive in such
situations.
Index 47
Protecting Students
•Promote a respectful culture of
safety and acceptance in your
school.
•Don’t harass: think professionalism.
•Be a role model in your interactions
with students and staff members.
•Be proactive: don’t wait for a
complaint when you see
harassment.
•Take every complaint seriously, and
don’t have students settle it
themselves.
•The principal must take action to
make it stop once he or she has
actual notice.
Sexual Harassment
Preventing sexual harassment is
fundamental to supervision.
Don’t wait for a student to complain. They
may, for many reasons, not do so. Act
on what you observe and hear.
Never underestimate the complexity of
sexual harassment. It is about power –
not sex. The very nature of that power
makes it difficult and sometimes
impossible to be resolved without
intervention.
Follow up!!!! Make sure
it has stopped and remains
stopped.
Index 48
Protecting Employees
•Promote an environment of respect
and professionalism, and if you are
the victim or an observer, report.
•Retaliation for reporting or blaming
the victim is prohibited.
•Perpetrators and victims should
never be told to settle it themselves.
•You can’t be told what disciplinary
steps may or may not have been
taken, but the district’s duty is to
make it stop.
•Document the complaint so that the
district can act.
Sexual Harassment
At this point, check with your supervisor to
review your district’s policy and/or
regulations regarding sexual harassment. Obtain a
copy of your district’s complaint form. If you have
any questions, make sure to talk with your
supervisor.
If you feel harassed, notify your supervisor
(unless he/she is the offender) and file a
written complaint. If you observe someone
else being harassed, encourage them to do
the same. While it is the victim who must file a
written complaint, no employee should leave
perceived sexual harassment unaddressed. If
the victim won’t act on his/her own, you should
share your concern with a supervisor who
must then act.
A district’s purpose and objective is an
environment free of sexual harassment. It’s an
organization-wide value and not restricted to
just the individual.
Index 49
Consequences
•For district, possible
–federal complaint
–lawsuit
–loss of federal funds
–loss of credibility with the
community
•For employees, possible
–district discipline
–report to OSPI (teachers)
–criminal prosecution
–sued as individual
•For students, possible
–suspension
–expulsion
–report to police
Sexual Harassment
Serious consequences exist when
substantiated claims have been made. School
districts practice progressive discipline ranging
from (1) admonishment to (2) reprimand to (3)
suspension without pay to (4) discharge.
Progressive discipline, however, can be and is
bypassed when the circumstances of a case
warrant. Severe forms of sexual harassment
will result in discharge for a first offense.
Repeating harassing behavior after being
disciplined and/or provided with training
and guidance will increase the likelihood of
legal action, which may be against the district if
it has failed to act, as well as the individual
committing the harassing behavior.
Index 50
WAC 180-44-060
Use by any certificated person of
habit-forming drugs, without
pharmaceutical prescription by a duly
licensed practitioner of medicine
and/or dentistry or licensed doctor of
medicine, or any unauthorized
use of alcoholic beverage on school
premises, or at a school-sponsored
activity off the school premises, shall
constitute sufficient cause of
dismissal or non-renewal of contract.
The SAME STANDARD exists
for
classified employees!
Alcohol, drugs, and tobacco products are not allowed
on school district property. Possession and/or use of
such products is subject to discipline and is often
considered sufficiently serious to warrant bypassing
progressive discipline and discharging the employee.
Prescription drugs brought onto district property must
be carefully safeguarded by the employee. Sharing
prescription drugs prescribed for another is illegal
and subject to discipline.
Under the Federal Safe and Drug Free Schools Act
and Board Policies, there is no exception to the NO
drug policy for medical or legalized recreational
marijuana.
Medical situations requiring prescription drugs
that impact cognitive skills or alertness should be
discussed with the supervisor or a Human
Resources Specialist to assess potential
performance or behavior impact and work or
leave alternatives – particularly in terms of
student and colleague safety.
Alcohol, Drugs, and Tobacco
(Employees)
Index 51
Technology Ethics
There is a tendency for employees to
believe that their use of technology in
the workplace is a protected privacy
under the Electronic Communications
Privacy Act (ECPA).
What is not always understood is that
there are two critical exceptions to
ECPA. One is the “business purpose
exception,” which allows employers to
monitor communications for legitimate
business purposes. The second is the
“consent exception” when the
employer’s technology specifically
notifies the employee that by using the
technology they are aware of and agree
to monitoring.
Know your district’s policy for the use
of technology. Certain practices are
generally incorporated into all policies.
•Protect the security of your access. You
are accountable for access under your
identification.
•Do not post student information on web-
based or other public resources.
• Use of public technology for personal use in
other than incidental situations is generally
prohibited.
•If an inappropriate site is accidentally
accessed, back out of the site and notify
your technology supporter.
• Do not use district technology for personal
“blogging.”
•Remember that “blogs,” “MySpace,” etc.
may be accessible to employees and
students, and inappropriate content could
place your employment in jeopardy.
Index 52
Use of E-Mail
E-mail presents great opportunities for
communicating, but also great
opportunities for creating embarrassing
and unintended situations.
People tend to “say” things in an email
in much the same manner that they
might say things in a private
conversation. Yet nothing is private
about an e-mail.
REMEMBER:
•Employee e-mails on district technology
are public records in Washington State
and are subject to disclosure in a public
records request.
•If the district is required to release your
e-mails, the district may only redact
protected personal and student
information.
• What employees write can and will be
read by anyone who makes a public
record request.
• Don’t write it in an e-mail if you do not
want to see it in public.
Index 53
Clicking here will take you to a website for more
information on the Washington Public Records Act.
E-mails are public records and must
be identified, managed, protected,
and retained as long as needed for
operations, audits, legal proceedings,
research, or any other known
purpose.
Electronic Recording
RCW 9.73, Privacy, prohibits the
recording of conversations without the
consent of all parties.
Public media is exempt from the
restriction if consent is given or if the
recording is readily apparent.
It is not uncommon for employees to
attempt to record, openly or secretly,
conversations with other people.
The privacy provisions in Washington
require that such recording be:
• announced in advance
• consented to by all parties
• consent must also be recorded
Index 54
Freedom of Speech
Public employees enjoy the same
constitutional freedoms as all other
employees. However, this does not
mean that any manner of speech is
automatically protected.
Federal courts have consistently
found that there must be a balance
between the government’s
interest as an employer and the
employee’s interest as a citizen.
Employees are generally expected to work
within the organization to raise their
concerns and express their opinions about
the operations of the district. The general
criteria pertaining to public criticism are a
2-step process:
Step 1: Did the employee engage in speech
that addressed a matter of public concern
and is therefore constitutionally protected?
If so,
Step 2: Is the government’s interest as an
employer in providing effective and efficient
services outweighed by the employee’s
interest as a citizen in commenting upon the
matter of public concern?
Public criticism that is more in the
personal interest of the employee is not
generally protected and can lead to
discipline.
Index 55
Freedom of Speech & Social Networking
SOCIAL NETWORKING:
•Includes such sites as
MySpace, Friendster, Blogger,
and Facebook
•Should not be done on school
district equipment or time
unless specifically work-related
and in conformance with
district policy.
•Whether at school or away from
school, social networking
creates an employee risk of
disclosure of confidential,
personal, offensive, or
defamatory information that can
impact the school environment
or employee’s ability to
perform.
The use of social networking is on the rise by
students and staff. It can serve valuable
purposes, such as engaging colleagues in
thoughtful discourse or exploring areas of
mutual professional interest.
Social networking can also place employees at
risk. Any communication between staff and
students that can be characterized as private
could raise a due diligence concern that the
district would need to investigate as a possible
boundary invasion. Under Washington law, your
employer may require you to share your content
under certain investigative conditions.
School employees may also be subject to board
policy when communicating with students and
fellow staff and must also be aware of those
policies governing sexual harassment or
discrimination. Teachers are expected to be role
models to students and to impart basic societal
values and qualities of good citizenship. When
employees use social networking in violation of
these expectations, they place themselves at
risk of discipline.
Before blogging, remember that it may be read
by thousands of people, including students and
those you are writing about. Blogging is only
subject to First Amendment protections as
called for under existing law. There may be a
difference in the protection afforded your
speech as a citizen versus your speech as an
employee.
Think before you blog. Index 56
School Employee Ethics
RCW 28A.400.332
Ethics provisions for school district
employees:
May not employ or use any person,
money, or property, without
authorization, for private benefit
or gain.
Employees should always be cautious
of using school district resources for
a purpose or in a manner that could be
viewed as personal use.
School districts may allow for limited
exceptions in the use of district resources.
Such exceptions must be of “de minimis”
(minimal) cost and value and must not
interfere with the performance of public
duties. When in doubt, ask!
Employees must always seek approval
before using district resources for personal
use. Failure to do so can, and generally
will, result in discipline up to and including
the possibility of discharge.
Index 57
Attendance
and
Absenteeism
Washington statutes provide for “annual
leave” accrual for school district employees
to be used for illness, injury, or emergencies.
Washington statutes also provide an incentive
program to encourage employees to conserve
illness, injury, or emergency leave.
An employee who has exhausted accrued
leave may usually request an advance of leave
or leave without pay. Such requests are
governed by district policy and collective
bargaining agreements. Approval is generally
at the district’s discretion.
An employee who has exhausted his or her leave,
has not been granted a leave advance or leave
without pay, and is unable to report for duty
may be subject to termination of employment.
It is essential to the objective of educating
children that school employees be
present for as many student days as
reasonably possible. Substitutes are
never a better alternative than regular
employees.
Employees are encouraged to conserve
and use leave for bona fide illnesses,
injuries, and emergencies. Proper use
protects the interests of employees and
strengthens the learning process.
Employees must follow school and district
policies and procedures for use of leave.
Failure to do so can, and usually will,
result in discipline.
Index 58
Use of Public Facilities
in Election Campaigns
Washington State’s Public Disclosure
Commission is responsible for issuing
guidelines governing the conduct of
employees in election campaigns.
The guidelines specifically prohibit:
•use of work hours or public resources
to promote or oppose a candidate or
an issue
•pressuring or coercing other
employees to participate in campaign
activities
• use of district resources to organize or
distribute campaign materials
• use of district internal mail or e-mail
systems to communicate campaign-
related material
•distribution of promotional materials in
the classroom or other public areas
Public disclosure guidelines are intended to
protect the integrity of public resources. They
do not remove an employee’s citizenship
rights outside of the public resource.
Employees may, for instance:
• speak at community forums
• inform staff during non-duty hours of
opportunities to participate
• engage in campaign activities on their
own time
•wear campaign buttons while on the job if
district policy allows
•make materials available to employees in
lunchrooms and break rooms during non-
duty hours if the rooms are only used by
staff
•place window signs or bumper stickers on
their cars even if parked on school
property during duty hours
Index 59
Clicking here will take you to a website for more
information on the Public Disclosure Commission
Guidelines.
Under the U.S. Constitution, the First
Amendment’s two clauses provide for
freedom from and of religion in the
public schools:
•Establishment Clause limits what
government can do (it keeps the
government from imposing its religious
beliefs on students)
•Free Expression Clause provides for all
citizens, including students, to be able to
express their own religious beliefs
Religion
It is not OK to press one’s religious beliefs on
others while working or representing the
district. While employees and students don’t
leave their free speech rights at the
schoolhouse door, religious discussions
between employees should not occur in the
presence of students or in such a manner as
to create discomfort for others.
Index
The courts mandate neutrality:
Government in our democracy, state and
nation, must be neutral in matters of
religious theory, doctrine and practice…
not hostile to any religion or to the
advocacy of non-religion.
Within the approved district curriculum, there
may be objective discussions of religion within
the classroom. Teachers and staff must
assure neutrality and fair representation of
all views when such approved, curriculum-
based discussion occurs.
Employers have an obligation to support
employees in observing their religious holy
days. Usually, arrangements can be made for
compensatory time to celebrate religious
holidays that are otherwise workdays. See
your supervisor for specific questions.
60
Index
Religion
The fact that money may not be
appropriated for religious worship,
exercise or instruction, or the support of
any religious establishment, translates
into a prohibition against employees
using paid duty time for these purposes.
Here are examples of prohibited activities:
• students, such as band or orchestra
members, being required to attend religious
services such as baccalaureate
•school buses being used to transport choir
students to religious fundraisers or services
• coaches leading teams in prayer before a
school-sponsored game
Under the Washington
Constitution, Article 1 Section 11:
•“All schools maintained or
supported wholly or in part by the
public funds shall be forever free
from sectarian control or
influence.”
•“No money or property shall be
appropriated for, or applied to any
religious worship, exercise or
instruction, or the support of any
religious establishment.”
•This provision of the Washington
Constitution was upheld in a 2004
U.S. Supreme Court decision,
Locke v. Davey.
61
Clicking here will take you to a website for more
information on religion in public schools.
Religion
(For Students)
Because of the two different clauses
in the U.S. Constitution, students
have much broader latitude for
religious activities at school than
employees or volunteers.
Students have freedom of religious
expression at school so long as it
does not cause a substantial
disruption to the educational process.
What Is Constitutional?
•Give individual prayer
•Wear religious dress or messages on
their clothes
•Read and distribute religious materials
at school (but school can determine
the time, place, and manner)
•Initiate religious meetings at school in
accordance with the Federal Equal
Access Act and district policy
•Express personal religious beliefs and
invite others to attend their church
•Be excused for religious holidays or
religious instruction
•Be excused from activities that violate
their religious beliefs (flag salute,
health class)
•Give a religious response to open-
ended assignments
Index
Clicking here will take you to a website for more
information on the Equal Access Act.
62
Religion
(For Employees and Volunteers)
The issue of religion in schools can be compli-
cated, with passionate viewpoints coming from
both sides. Some basic guidelines, however,
as to what is unconstitutional and constitutional
can be of assistance. Supported by law and
the community, schools can create an environ-
ment that is consistent with the Constitution
and educationally beneficial for students.
What Is Unconstitutional?
•To distribute religious materials in class
•To promote or be hostile toward particular
religious beliefs or non-beliefs
•To give religious assignments
•To present predominantly religious music
programs
•To lead or encourage student prayers
•To invite students to attend your church or
synagogue
Index
What Is Constitutional?
•To teach about religion
•To acknowledge all religious holidays
•To excuse students during school day for
religious instruction
•To permit secondary students to hold student-
initiated religious meetings at school under the
Equal Access Act
•To celebrate the cultural aspects of religious
holidays
How to Teach About Religion
•Utilize academic, not devotional approach.
•Strive for awareness, not acceptance.
•Study religion, don’t practice it in class.
•Expose a diversity of viewpoints, but
refrain from imposing one’s view.
•Educate about all religions, do not promote
or denigrate religions or nonbelievers.
•Inform students about beliefs as opposed
to conforming to a belief.
-taken from Educational Leadership,
Teaching About Religion, 2002
63
Bloodborne pathogens are infectious
diseases than can be transmitted through
direct contact with blood. Several types
of bloodborne pathogens that can put
individuals at risk are:
•Hepatitis B and C viruses, which can
infect and damage the liver
•HIV (human immunodeficiency virus),
which attacks the immune system,
causing it to break down
Bloodborne Pathogens
Exposure to bloodborne pathogens can and
does occur in the workplace. Blood is the
most important source of Hepatitis B and C
and HIV exposure for individuals.
People can be infected in a variety of ways,
including being stuck by needles and sharp
objects or having contaminated blood splash
on their bodies. In addition, the diseases can
be spread through contact with other bodily
fluids, or if blood contacts broken skin or
mucous membranes of the eyes, nose, or
mouth.
While the risk of contracting these diseases is
low, employees must be educated to deal with
blood and bodily fluids safely.
Index
Clicking here will take you to guidelines and more
information on bloodborne pathogens.
64
Protecting Employees from Exposure
(WAC 296-823)
OSHA’s bloodborne pathogens standards require all
employers to prepare a written exposure control plan,
which evaluates routine activities in the workplace
that involve exposure to blood or other infectious
materials. Workers performing the activities must be
identified and methods of reducing risks need to be
established.
Bloodborne Pathogens
Hepatitis B, Hepatitis C, and HIV
infections are preventable.
Index 65
Universal Precautions
•Always wash your hands when
handling bodily fluids and after using
the bathroom.
•Utilize gloves as needed. Dispose of
properly.
•Clean infected areas after a blood spill
by using approved hospital-grade
disinfectant.
•Utilize resuscitation devices when
giving CPR.
•Dispose of infectious waste properly.
•Obtain vaccines to protect against
hepatitis A and B.
At this time, obtain a copy of your
district’s exposure control plan (ECP) on
addressing occupational exposure to
bloodborne pathogens.
Injury at Work
Public school employees in
Washington are entitled to no-fault
accident and disability coverage by
Labor & Industries (L&I) or the
school district if self-insured.
Claims must be filed as soon as
possible, but no later than 1 year for
injuries and 2 years for occupational
disease.
Any person making a false claim may
be guilty of a misdemeanor or a
felony depending on the level of the
claim.
The first priority is always to assure the
safety of employees. All supervisors and
employees share a responsibility to be
vigilant about safety issues and resolving
concerns or bringing them to the attention
of the district.
Employees who suffer an injury or
occupational disease must notify their
supervisor and fill out an accident report.
Additionally, employees who seek medical
attention must complete a Physician’s
Initial Report at the doctor’s office.
Index 66
Clicking here will take you to a website for more
information on benefits and procedures.
•Right to representation
•Right to a hearing
•Right to grieve
•Right to seek court action
•Right to privacy
Employees are entitled to representation under law
and by virtue of collective bargaining agreements if
the employee reasonably believes that discipline or
discharge may result. The representative is not
entitled to materially interfere with the employer’s
right to conduct the investigatory interview.
Employees may not be discharged without the
opportunity to be informed of the charges and given
the opportunity to respond to the charges. Such a
hearing is essential to determine whether or not
there are reasonable grounds for discharge.
Employee rights are generally protected through
union grievance procedures and, in the case of
certificated school employees, through the due
process provisions in RCW 28A.405.300.
Records of public employees have only limited
protection under the Washington Public Records
Act. Privacy rights only protect records that
would be highly offensive to a reasonable person
AND that are not of legitimate concern to the
public.
Employees Have the:
Employee Rights
Index
Clicking here will take you to a website for more
information on employee rights.
67
Employee Files and Disclosure
RCW 42.56
Washington Public Disclosure Act:
Some information is protected under
this or other statutes, to include:
* Applications of candidates for
employment
* Personal confidential information
* Medical information
* Immigration documents
* Fingerprint and background checks
The statute provides for release of
information of public interest that is not
otherwise protected.
Privacy information will be redacted before
releasing an employee file, including an
investigation or discipline file. Privacy
information includes such items as SSN,
home address, home phone number,
names of children, etc.
It is important to note that discipline records
are generally subject to release.
Employees are legally entitled, and encouraged,
to inspect their personnel records at least
yearly.
Employee consent to a Public Disclosure Act
request is not required.
Index 68
School districts generally contract
with counseling specialists for an
employee assistance program.
Services typically include:
• Marital and Family Counseling
• Emotional and Stress Counseling
• Alcohol and Drug Counseling
• Other Life Adjustment Problems
Services are usually free to the
employee for initial consultation and
counseling services.
Protect your health and avoid placing your job at
risk. Employees encounter many personal
challenges. Some have the capacity to resolve
their own problems; others need help. Employee
assistance is a very private service that
employees may access directly without any
involvement or knowledge by supervisors or the
school district.
Problems that challenge your physical or mental
health or may impact your attendance,
performance, or behavior will almost always lead
to discipline or performance probation if left
unattended. Employers will work with employees
to provide accommodations, and explain such
entitlements as the Family Medical Leave Act,
which can help the employee avoid such
consequences.
Employee Assistance
Index 69
Check with your Human Resources
Office and ask whether your district has
an employee assistance program.
Clicking here will take you to a website for
more information on employee assistance.
We all want to be part of an organization
that embodies the very best of purpose
and values. In public education, the moral
purpose of making a difference in the lives
of people provides a values framework.
Those values include honesty, integrity,
and commitment. As part of a
professional learning community, values
also include interpersonal relationships,
communications, sharing and
collaborating, advocacy for students,
lifelong learning, and an unyielding belief
that every student needs the very best
that we can offer as teachers and support
staff.
SET THE EXAMPLE: Each of us has a
dual obligation. The first is our own
professionalism and commitment to the
moral purpose and the values of the
organization. The second is to create and
contribute to sustaining those same values
in the greater environment that surrounds
us (i.e., the organizational culture).
HELP OTHERS SUCCEED: Observing
and not acting on behavior by others that is
contrary to the values of the organization
not only affects our collective ability to
achieve the moral purpose, but also denies
the individual(s) the opportunity to change.
Take ownership: share concerns with a
supervisor. It’s not about “telling,” but about
facilitating help for someone who needs to
change.
A Values-Based Culture
Index 70
Schools may provide for the
administration of oral medication,
topical medication, eye drops, ear
drops, or nasal spray, to students
who are in the custody of the
school at the time of
administration.
Medication may ONLY be administered
by specifically designated staff
members.
Nasal spray that is a legend drug (i.e.,
prescription) or a controlled substance
must be given by a school nurse. If no
nurse is on the premises, it may be
administered by a trained school
employee or parent-designated adult
who has been trained under the
District’s policy.
When such nasal spray is administered
by an approved person other than a
nurse, the employee shall summon
emergency medical assistance as soon
as practical.
If you are not an approved and trained
employee and are confronted by a
student medication issue, immediately
contact an administrator or the school
health office.
Administering Student Medication
RCW 28A.210.260
Index 71
Certificate of Completion
for satisfactorily completing
What Every Employee Must Be Told
In signing this certificate, I certify that I have completed the training and understand the information presented.
Employee Signature Date Supervisor/Trainer Signature Date
After completing both signatures, copy this certificate and retain one for your files. Forward the other copy to your Human Resource district office.
Index 72
Employee Name

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