SECTION 1: INTRODUCTION

1.01    ABOUT THIS HANDBOOK

Employees Covered: This Handbook is provided as a reference document for the School District of Janesville (hereinafter referred to as “District” and “SDJ”). It is intended to provide all employees of the District with information regarding their employment with the District. Throughout this Handbook references are made to SDJ Board Policies, Administrative Regulations and Procedures, Ethical Code of Conduct, SDJ Mission and Vision and other sources that support employment procedures, employee expectations and employee responsibilities.

Disclaimer: The language that appears in the Handbook is not intended to create, nor is it to be interpreted as a contract between the SDJ and any one or all of its employees. Nothing contained in this Handbook is intended to be, nor should it be understood, as a guarantee that employment or any employment benefit will be continued for any period of time, except as mandated by state or federal law. The provisions set forth in this Handbook replace any and all prior personnel policies, procedures, and practices, whether written, verbal or established by past practice.

The District reserves the right to modify, rescind, suspend, supplement, or terminate any or all such policies, procedures, and practices in whole or in part, at any time as it deems appropriate with or without notice. Final interpretation and implementation of any sections in this Handbook are vested solely with the District.

The rights and obligations of all employees are governed by all applicable laws and regulations, including, but not limited by enumeration to the following: Federal laws and regulations, the laws of the State of Wisconsin, Wisconsin State Administrative Code and the policies of the SDJ Board of Education. Copies of Board Policies and Administrative regulations are available on the District website at www.janesville.k12.wi.us.

1.02      BOARD GOALS AND OBJECTIVE (Board Policy po4100)

In formulating specific policies, the Board has tried to work toward these goals:

• To recruit, select and employ the best qualified personnel within reasonable fiscal policy and budget limitations.
• To provide an appropriate in-service training program for all employees.
• To deploy personnel and ensure that they are utilized as effectively as possible.
• To conduct an employee appraisal program that will help to contribute to the continuous improvement of staff performance.
• To develop an employee compensation program sufficient to attract and retain highly qualified employees within reasonable fiscal policy and budget limitations.
• To develop the quality of human relationships conducive to maximum employee performance and satisfaction.

1.03      STRATEGIC PLAN

The Strategic Plan was devised by a committee of administrators and board members as they sought to understand the magnitude of the work involved with creating the SDJ Employee Handbook. They represent what SDJ holds most important. They were adopted by the Janesville Board of Education on August 28, 2012.

• The SDJ will prepare students to be competitive in the global workforce.
• The SDJ will foster collaboration, creativity, critical thinking, problem solving, communication and innovation.
• The SDJ will recruit, retain, and recognize high performing employees that embody the standards of integrity and accountability through the Ethical Code of Conduct.
• The SDJ is committed to the continuous development, coaching, and support of our employees. The SDJ will continue to adhere to strict standards of achievement and excellence.

1.04      DEFINITIONS

• Board: This term refers to the nine (9) elected members of the Board of Education.
• Temporary Employee: Temporary Employee is defined as a person hired for a specific project for a specific length of time. A Temporary Employee has no expectation of continued employment.
• Limited Term Employee: A Limited Term Employee is an employee hired under contract for a specific length of time. A Limited Term Employee has no expectation of continued employment.
• Probationary Employee: Certified staff shall be considered probationary employees during the first two (2) years of employment. All other staff shall be considered probationary employees during the first year of employment.
• Regular Employees: Regular Employees are defined as employees whom the District considers continuously employed, working either a fiscal or school year.
  • Categories associated with Regular Employees include:
  • Full-Time Twelve-Month Employees,
  • Full-Time School Year Employees,
  • Part-Time Twelve-Month Employees,
  • Part-Time School Year Employees.
    • Full-Time status is defined as 35 or more hours per week.
    • Part-Time is defined as less than 35 hours per week.
• School Year: School Year is defined by the adopted school calendar.
• Exempt Employees: Employees that are not entitled to overtime pay for hours worked in excess of 40 hours per week.
• Non-Exempt Employees: Employees that are entitled to overtime pay for hours worked in excess of 40 hours per week.

2.01    DISCRIMINATION

It is the policy of the Board that no employee shall be subjected to illegal discrimination under any program or activity and in employment. SDJ is an equal opportunity employer. Personnel hiring and administration in the District shall be conducted so as not to discriminate against applicant or employee on the basis of sex or sexual orientation, race, color, national origin, age, religion, pregnancy, marital status, disability or handicap, creed, political affiliation, citizenship, ancestry, arrest record, conviction record not substantially related to the nature of a person’s job or activity in the school, membership in the National Guard, state defense force or any other reserve component of the military forces of the United States or Wisconsin, use or non-use of lawful products during non-working hours, or any other reason prohibited by state or federal law.

The SDJ complies with the following laws:

• Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin;
• The VII of the Civil Rights Act of 1964, which prohibits discrimination in all employment practices on the basis of race, color, religion, sex, or national origin;
• Title IX of the Education Amendments Act of 1972, which prohibits employment discrimination on the basis of sex with regard to educational programs or activities and employment practices;
• Section 504 of the Rehabilitation Act of 1973, which prohibits employment discrimination on the basis of handicap; and
• American with Disabilities Act.

Reasonable accommodations shall be made for qualified individuals with a disability or handicap, unless such accommodations would impose an undue hardship to the District. Employees wishing to apply for such accommodations should contact the Employee Benefits Department.

2.02    FAMILY MEDICAL LEAVE ACT (FMLA)

The District complies with all applicable laws concerning family and medical leave (FMLA). Employees may be eligible for leave under both the federal and state family and medical leave laws. There are different eligibility provisions for these laws, different rights under the laws, and different procedural requirements for employees to follow. Medical leaves that qualify under the FMLA will also run concurrently with leaves under short- and long-term disability policies, worker’s compensation, and other laws, as applicable and as allowed by law. Employees interested in receiving more information on rights or eligibility or wishing to apply for leave under the Family and Medical Leave Act should contact the Employee Benefits Department.

• BASIC LEAVE ENTITLEMENT

FMLA requires covered employers to provide up to twelve (12) weeks of unpaid, job-protected leave in a 12-month period for the following reasons:

• The birth of a child or placement of a child for adoption or foster care,
• To bond with a child (leave must be taken within one year of the child’s birth of placement),
• To care for the employee’s spouse, child, or parent who has a qualifying serious health condition,
• For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job,
• For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent.

An eligible employee who is a covered service member’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA-protected leave in a single 12-month period to care for the servicemember with a serious injury or illness.

An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule.

Employees may choose, or an employer may require, use of accrued paid leave while taking FMLA-protected leave. If an employee substitutes accrued paid leave for FMLA-protected leave, the employee must comply with the employer’s normal paid leave policies.

• BENEFITS AND PROTECTIONS

While employees are on FMLA-protected leave, employers must continue health insurance coverage as if the employees were not on leave.

Upon return from FMLA-protected leave, most employees must be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions.

Employees who return to work from FMLA-protected leave within the timeframes protected by the FMLA laws will be returned to their former position, or if that position is no longer available, an equivalent position with equivalent pay, benefits and other employment terms.  If an employee wishes to return to work before his/her leave is to end, the employee should notify the Employee Benefits Department at least 2 days prior to the desired return date.  If an employee took FMLA leave for his/her own serious health condition, a return to work certification signed by a physician will be required before the employee may return to work.  In such cases, an employee’s return will be delayed until such a certification is received.

An employer may not interfere with an individual’s FMLA rights or retaliate against someone for using or trying to use FMLA-protected leave, opposing any practice made unlawful by the FMLA, or being involved in any proceeding under or related to the FMLA.

If an employee fails to return to work after the expiration of an approved FMLA-protected leave, the employee’s rights under state and federal FMLA laws will no longer be in effect and the employee will be subject to termination.  If the employee’s inability to return to work is due to the continuation, recurrence, or onset of the employee’s own serious health condition, or of the serious health condition of the employee’s spouse, child, or parent, the District will consider a request for a further leave.  However, the employee must submit a written request for consideration of a further leave as soon as the employee realizes that he/she will not be able to return at the expiration of the FMLA-protected leave period.  The District will consider each such request on a case-by-case basis.  There is no guarantee that further leave will be granted.

• ELIGIBILITY REQUIREMENTS

An employee who works for a covered employer must meet three criteria in order to be eligible for FMLA leave. The employee must:

• Have worked for the employer for at least 12 months;
• Have at least 1,250 hours of service in the 12 months before taking leave; * and
• Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite.

• REQUESTING LEAVE

Respectfully, employees must provide 30-days notice of the request for FMLA leave. If the employee is unable to provide 30-days notice, the employee must notify the employer as soon as possible and, follow the employer’s standard procedures.

An employee does not have to provide a medical diagnosis but must provide enough information to the employer so that a determination can be made as to if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or will be unable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. An employee must inform the employer if the need for leave is for a reason for which FMLA was previously taken or certified.

Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the certification is incomplete, it must provide written notice indicating what additional information is required.

You may submit requests for additional unpaid extensions of Leave to the Employee Benefits Department.  The District reserves the right to accept or deny these requests as well as the right to request a doctor’s certificate prior to granting any extension.

• EMPLOYER RESPONSIBILITIES

When the employee is made aware of an employees need for a leave that may qualify under the FMLA-protection, the employer must notify the employee if he/she is eligible for an FMLA-protected leave and, if eligible, must also provide a notice of rights and responsibilities under the FMLA.  If the employee is ineligible, the employer must provide reason for the ineligibility.

The employer must notify the employee if leave will be designated as an FMLA-protected leave, and if so, how much leave will be designated as FMLA leave.

• ENFORCEMENT

An employee may file a complaint with the U.S. Department of Labor, Wage and Hour Division, or may bring a private lawsuit against an employer.

The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.

FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice. Regulation 29 C.F.R. § 825.300(a) may require additional disclosures.

 For additional information: 1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627

WWW.WAGEHOUR.DOL.GOV

U.S. Department of Labor Wage and Hour Division WHD Publication 1420 · Revised 04/2016

LEGAL REFERENCE: Federal Family and Medical Leave Act - 29 U.S.C. 2601, et. seq.

Federal Family and Medical Leave Act Regulations-29 CFR Part 825 Wisconsin Family & Medical Leave Act - Wis. Stats. §103.10 Wisconsin Family & Medical Leave Act Regulations - Wis. Admin. Code DWD 225

2.03    HARASSMENT

(Board Policy po4122 Non-Discrimination and Equal Employment Opportunity;  po4122.02 Non-Discrimination Based on Genetic Information of the Employee; po4362 Employee Anti-Harassment)

Harassment and other similar activities that could alter conditions of employment, or form a basis for personnel decisions, or interfere with an employee’s work performance are prohibited.

All employees are responsible for ensuring that discrimination and harassment do not occur. It is the intent of the District to comply with both the letter and spirit of the law in making certain illegal discrimination does not exist in its policies, regulations and practices. Anyone who believes that he or she has been the subject of discrimination or harassment or has knowledge of violations of this policy shall report the matter in accordance with established complaint procedures.

2.04  COMPLAINT PROCEDURE RELATIVE TO EMPLOYEE SEXUAL HARASSMENT'
 

(Board Policy po4122 Non-Discrimination and Equal Employment Opportunity)

• PURPOSE

Employees of SDJ have the right and can expect to work in an environment free of sexual harassment. It is the responsibility of the school administration to provide employees with a working environment free of any form of sexual harassment. All employees are charged with the responsibility of knowing what constitutes sexual harassment and with whom they may seek to file a complaint if desired.

•  DEFINITION

Sexual harassment is an unlawful form of discrimination on the basis of sex under state and federal laws and regulations. Some forms of sexual harassment may also constitute criminal conduct resulting in criminal penalties.

Sexual harassment is defined as, what to a reasonable person would be interpreted as, unwelcome sexual advances, requests for sexual favors, and other inappropriate verbal, written, or physical conduct of a sexual nature directed at a person of the same or opposite gender that occurs on school property or at a school- sponsored event. Sexual harassment must include a pattern of behavior that is considered to be severe, pervasive, and objectively offensive. A pattern of severe, pervasive and objectively offensive behavior is established when it is directed more than once at the same employee.

The following circumstances would constitute sexual harassment:

1. When submission to such conduct is made, explicitly or implicitly, a term or condition of employment, instruction, or participation in other school activities.
2. When submission to or rejection of such conduct by an individual is used by the offender as the basis for making personal and/or professional decisions affecting the individual subjected to sexual advances.
3. When such conduct has the effect of interfering with the individual’s employment or creating an intimidating, hostile, or offensive working or learning environment. This includes, but is not limited to, repeated deliberate verbal or physical conduct of a sexual nature, that is sufficiently severe to interfere substantially with an employee’s work performance or sufficiently severe to create an intimidating, hostile or offensive work environment. This also includes, but is not limited to, unsolicited gestures or comments of a sexual nature, or the display of offensive sexually graphic materials which are unnecessary for business purposes.

Sexual harassment is a form of sexual discrimination in employment: it may be physical, such as, but not limited to, unwelcome touching or interference with movement; verbal, such as but not limited to, epithets, derogatory comments, or slurs; or visual, such as, but not limited to, the display of derogatory cartoons, drawings, or posters.

• EMPLOYEE PROCEDURES

1. The policy and regulation on sexual harassment apply to all sexual harassment incidents involving School District of Janesville employees. The policy addresses a pattern of incidents committed by a person of either sex against a person of the opposite or same sex and establishes that it is against policy and recognizes that it is unlawful for SDJ employees to commit acts of sexual harassment or be subjected to acts of sexual harassment by students or staff members.
2.  It is the responsibility of all employees of the SDJ to recognize acts of sexual harassment and take prompt action.
3. Any employee may seek guidance and/or support in addressing matters related to sexual harassment or inappropriate behavior of a sexual nature. The Department of Administrative and Human Resources is available for these services.

• FILING A COMPLAINT

1. Any SDJ employee, who believes that he/she has been subjected to a pattern of sexual harassment by a student or staff member, should report such conduct immediately. A copy of the sexual harassment policy for the SDJ including the Sexual Harassment Complaint Form shall be given to the complainant.
2. The report may be made verbally or in writing.
3. The report may be made to the Director or Assistant Superintendent of Administrative and Human Resources, principal, assistant principal, or Title IX Officer for the school district.

• INVESTIGATING A COMPLAINT

1. Every complaint must be reported to the Director or Assistant Superintendent of Administrative and Human Resources either by the complainant or by the person receiving the complaint.
2. The Director or Assistant Director of Administrative and Human Resources will, as expeditiously as practical, in writing, notify the person alleged to have committed an act(s) of sexual harassment of the specific allegations. A copy of the sexual harassment policy of the School District of Janesville shall be included with the notification.
3. The proposed timeline for the investigation shall be noted in the letter.
4. Once a verbal or written report has been filed an investigation must be initiated by the Department of Administrative and Human Resources possibly in coordination with the Pupil Services Department. Every effort will be made to conclude the investigation within thirty (30) workdays.

•  INVESTIGATION PURPOSES AND GUIDELINES

The purpose of an investigation will be to:

1. Gather information to determine whether a violation(s) has occurred;
2. Determine what steps are required to stop harassment; and
3. Determine what, if any, disciplinary actions will be taken.

• INVESTIGATION CONSIDERATIONS

1. The full circumstances of the situation will be considered in the investigation of sexual harassment complaints.
2. In determining whether the alleged conduct constitutes sexual harassment, consideration shall be given to the record of the incident as a whole and to the totality of the circumstances, including the context in which the alleged incidents occurred.
3. An effort will be made to render findings and recommendations within fifteen (15) working days of the conclusion of the investigation. The complainant and alleged harasser will receive written notification of the findings of the investigation.
4. There will be no adverse action taken against an individual for reporting an incident or participating in or cooperating with an investigation of an alleged incident.
5. Confidentiality will be preserved consistent with applicable laws and the SDJ’s responsibility to investigate and address such complaints.
6. Any attempt at retaliation by the alleged harasser toward the complainant will be met with appropriate disciplinary action by the building principal or District Administrator/designee.
7. In the event the complainant is a minor, parent(s) will be contacted.
8. Any employee who violates the sexual harassment policy will be subject to disciplinary action. Such action could include but not limited to verbal or written reprimand, professional counseling, reassignment, demotion, suspension, or termination.
9. Investigation findings can be appealed under Board Policy po4122 regarding employee sexual harassment complaints.

3.01    DISTRICT EXPECTATIONS

The District expects its employees to abide by the District’s Ethical Code of Conduct. Each employee is expected to review and sign a copy of the Ethical Code of Conduct as part of the hiring process. The employee’s signature serves as verification that the employee has read and understands the Ethical Code of Conduct.

Further, the District expects employees to comply with the standards of conduct set out in Board policies, this Handbook, administrative regulations, and with any other policies, regulations and guidelines that impose duties, requirements or standards attendant to their status as District employees. Violation of any policies, regulations and guidelines may result in disciplinary action leading up to and including termination of their employment.

3.02    ATTENDANCE                  

The SDJ places great emphasis on employee attendance. Absences or tardiness places an extra burden on co- workers and undermines the quality of service that is provided to students, parents, community, and other stakeholders. It is each employee’s responsibility to be on the job, on time each day, and fully able and ready to work.

Employees are expected to perform all assigned duties and work all scheduled hours during each designated workday, unless the employee has received approval for time off from work (refer to Section 10 of this Handbook for more information about Leaves, Holidays, and Vacations). Any deviation from assigned hours must have prior approval from the employee’s Supervisor.

• UNEXCUSED ABSENCE: An Unexcused Absence is defined as failing to report to work for a scheduled shift or workday without having secured pre-approved leave.
• TARDINESS: Tardiness is defined as failing to report to work at the scheduled start time of an employee’s shift or workday. Tardiness also includes failing to report back to work on time after a scheduled lunch or break period, without having preapproval to report late from one’s supervising administrator or manager.
• REPORTING ABSENCES AND TARDIES:Employees must follow procedures to report absences and/or tardiness to their supervising administrator or manager. Employees should also follow any procedures for securing substitutes for the duration of the absence.
• LEAVE DURING WORKDAY: Employees must receive pre-approval for mid-day leave.

The District will monitor attendance and tardiness and address problematic patterns with individual employees. An employee who misses two (2) consecutive days of work without approval and/or notification may be considered to have voluntarily abandoned their job.

3.03      CHILD ABUSE REPORTING

(Board Policy po5451 & Administrative Regulation po5451.1)

State law requires that all public-school employees who in the performance of their duties have reasonable cause to suspect a child has been abused or neglected or have reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect will occur, shall make a child abuse or neglect report to the appropriate authorities.

3.04      REPORTING IMMINENT THREATS

State law requires that all public-school employees report to local law enforcement if the person believes in good faith, based on a threat made by an individual seen in the performance of their duties regarding violence in or targeted at a school, that there is a serious and imminent threat to the health or safety of a student or school employee or the public. State law mandates that training related to the reporting of threats of violence be completed within the first six months of employment with a school district and once every five years thereafter.

3.05      COMMUNICATIONS

The SDJ believes that effective communication is a key component in the successful operation of the District. The employee who effectively communicates considers 1) the way in which they communicate; 2) the clarity of the message or information; 3) who is receiving the message; 4) what environment they are in when they are communicating; and 5) the reason behind the communication.

ELECTRONIC AND/OR MANUAL BULLETIN BOARDS: 

• Electronic and/or manual bulletin boards will be allowed as a limited forum for employees to post professional development information and other apolitical literature that is directly connected to employment at the District and is consistent with District policy and applicable law. All distributed and posted materials shall always be professional in approach, shall not contain any derogatory comments about staff, parents, students or board members and shall not be in contravention of any District policy or law. The District Administrator will be provided a copy of all posted material at the time of the posting. The District Administrator and/or their designee shall be allowed to remove material from the bulletin board(s) at their discretion.

3.06      COMMUNICATIONS THROUGH ELECTRONIC RESOURCES

ELECTRONIC RESOURCES – GENERAL INFORMATION: 

• SDJ provides electronic resources to staff and students, and allows personal devices on selected networks, as a means to further the educational mission, goals, and objectives of the District. These resources include, but are not limited to, Internet access, hardware, software, data, network resources, electronic communication tools, web sites, social media, instant messaging, forums, blogs, and image/video sites. These resources provide access to global information and communication, including research, information sharing, and the exchange of ideas. Access to these resources is a privilege, not a right; this privilege may be monitored, restricted, or revoked at any time without notice.

DISTRICT FILTERING AND LOCAL, STATE, AND FEDERAL COMPLIANCE:

• While the District believes the benefits and values of broad access to electronic resources far exceeds the disadvantages, some material may be inaccurate, illegal, defamatory, or offensive. To that end, the SDJ complies with all local, state, and federal laws and has taken precautions to filter inappropriate materials so that staff and students are protected within reason; however, the District does not warrant the effectiveness of these precautions.

FOUNDATIONAL BEHAVIOR BELIEFS: 

• SDJ’s Ethical Code of Conduct serves as a foundational guide to foster and promote appropriate, prudent, and conservative use of electronic resources. District electronic resources may not be used for illegal or unlawful purposes, including, but not limited to copyright infringement, obscenity, libel, slander, fraud, defamation, plagiarism, harassment, cheating, intimidation, forgery, impersonation, solicitation, discrimination, or political advocacy, nor may they be used for personal gain, advocacy, or promotion.

Staff are directed to never engage in inaccurate, offensive, disruptive, or potentially harmful communication or data sharing.

Some examples include, but are not limited to:

1. Data or images that misrepresent accurate, fact-based, provable information;
2. Images that are pornographic, erotic, lewd, or lascivious;
3. Information, images, or instructions related to any aspect of physical harm;
4. Slurs, comments, or innuendoes that focus on age, gender, sex, sexual orientation, race, religious beliefs, political affiliations, national origin, or disabilities;
5. Information or images intended to frighten, intimidate, threaten, abuse, annoy, harass or bullying;
6. Any activities that invade privacy.

• NETWORK ID AND NETWORK PASSWORD

To protect personal and professional data, all staff will be provided a network ID and password to access electronic resources. At no time, or for any reason, may staff members use another’s ID or password, or provide their own ID or password to someone else. It is the responsibility of each staff member to maintain strong and confidential passwords and failure to do so may result in disciplinary action leading up to and including termination of their employment.

Should personal or professional data be compromised, the District will not be liable for any data or information that may become lost, damaged, or unavailable due for any reason. The District is not liable for losses, claims, or demands against the District, or the use of technology resources by any other party.

It is best practice to change your passwords periodically, as this helps protect your personal and private information. If you have questions about changing your passwords, contact your Innovation Specialist or contact a member of the IT staff.

SOCIAL MEDIA: 

• Social Media are defined as, but not limited to, Internet forums, weblogs, social blogs, micro blogging, wikis, social networks, podcasts, photograph, picture, or video sharing sites, ratings and opinions sites, and social bookmarking.

PROFESSIONAL USE: 

• The use of social media for professional purposes is encouraged to promote student engagement, provide instructional relevance, and foster communication with students. Staff and coaches may also use social media to support school sanctioned or sponsored student activities. For school sanctioned use, faculty and staff MUST use their SDJ e-mail address. For example: A staff member or coach who wanted a professional Facebook account would create an account using their @janesville.k12.wi.us e-mail address. As always, when using social media professionally, comments, posts, and other content must be professional in nature, age appropriate, and in compliance with all Board of Education policies and SDJ Ethical Code of Conduct.

SOCIAL MEDIA IN THE CLASSROOM: 

• Staff should work with their building principal whenever they are considering a new use of social media or digital communication within the classroom.
  • Only use your @janesville.k12.wi.us address. This is for your protection and the District’s. There are many laws pertaining to public records, and student records, that must be adhered to. Using your District-provided account is required.
  • Staff should only use password-protected social media sites available.
  • Always use common sense and professional judgement when contacting students through social media.
  • Communications must be age-appropriate and related directly to a student’s education, participation, engagement, or attendance.

PERSONAL USE: 

• Personal use of e-resources and social media on District time should be limited and should not involve more than a trivial amount of one’s day. When using social media personally, staff and coaches are expected to exercise prudent and conservative judgment regarding posts, comments, and other content. When using social media for personal reasons, no faculty or staff member should “friend” a student for any reason nor should staff or coaches communicate with students or parents through personal accounts.
  • If staff use social media on their own time, outside of work, the District will not generally regulate or monitor such conduct. However, the District may choose to monitor staff personal use of social media if (1) the staff member identifies themselves as a District employee or coach, (2) the activities outside of work affect the staff member’s job performance or the performance of other employees and coaches, (3) the social media activities involves District students, and (4) the activity is harmful to the District’s interests.

GENERAL CONSIDERATIONS: 

• Even with the most stringent privacy settings, when posting online comments that are related to school, students, families, or the district, even in a personal capacity, staff should act as if all comments/postings are in the public domain. Use caution when posting any comments and/or images to the internet that may reflect negatively on the District, or on your professional image. Be advised that failure to adhere to these guidelines may result in disciplinary action leading up to and including termination of their employment.
  • When using social media for either professional or personal use, employees and coaches need to keep in mind that they are responsible for what they publish with social media tools and should consider the following:
    • a.   Does what I am publishing represent the permanent digital footprint the District wants to portray to students, colleagues, parents, and community members?
    • b.   Does my professional or personal use of social media with students maintain appropriate boundaries?
    • c.   Does your online behavior reflect the same standards of professionalism, respect and integrity as your face-to-face communications?

EMPLOYEE PRIVACY WHEN UTILIZING DISTRICT ELECTRONIC RESOURCES: 

• As a condition of use, users understand that they have no expectation of privacy in anything they create, store, send, disseminate, or receive via the school district’s technology and networks. (Board Policy po6724)
• The District reserves the right to review all data and communications and may exercise that right without notice. The District may choose to use a variety of geo-location software(s) to protect and find lost or missing mobile devices, which may include the use of the asset’s internal components, including, but not limited to cameras, microphones, GPS, wireless, etc. Staff are hereby notified that there is no implied or expressed personal or professional privacy when utilizing district electronic resources either from district assets or personal devices on the District’s wired or wireless networks. Staff must comply with all local, state, or federal laws, including all policies, administrative rules, and codes of conduct, user agreements, and any other guidelines for professional behavior, regardless of written consent. Failure to follow the procedures and prohibition listed within this document may result in the loss electronic resource access, disciplinary action, employment termination, and/or prosecution.

3.07    CONFIDENTIALITY (Board Policy po5500 and Administrative Regulation 5500.1)

CONFIDENTIALITY WITH REGARD TO STUDENTS: 

• The law and respect for our students require that student issues are only discussed with employees and parents who need to know the information.
  • To protect the confidentiality and proper dissemination of student records, persons who have access to such information as provided by law shall contact the school office in advance for an appointment so that a staff member is available to provide the information requested and so that assigned duties of staff members will not be interrupted.
  • Primary responsibility for maintaining the confidentiality of student records shall rest with the District Administrator or their designee.
  • Progress Records shall be maintained confidential except when an adult student or parent or guardian of a minor student shall, upon request, be shown and provided with a copy of such records, or as otherwise permitted by law.

GENERAL REMINDERS ABOUT CONFIDENTIALITY:

• In addition to student information, confidentiality is expected in other areas, including certain employee or District business information and information protected by HIPAA (Health Insurance Portability and Accountability Act). HIPPA is a federal act requiring companies with group health plans to keep all medical records private.
• As an SDJ employee you may be exposed to sensitive and/or confidential information and materials from time to time. Some positions require an employee to have access to confidential information on a regular basis. In these cases, information or materials that would be considered confidential will be limited to those who need the information in order to fulfill professional responsibilities. Administrators and Department Managers will communicate guidelines for maintaining confidentiality consistent with the job descriptions of employees under their supervision.
• Subsequent to any security or confidentiality breach a thorough review of the incident will occur. Employees who are found to have disclosed confidential materials or information will face consequences that may include disciplinary action leading up to and including termination of their employment.

 

3.08    DANGEROUS WEAPONS (NEOLA PO 3217, 4217)

3.09    DRUG, ALCOHOL, AND TOBACCO FREE WORKPLACE (Board Policy po3645, po4132, po4133)

The District seeks to provide a safe drug-free workplace for all of its employees.

• A.   TOBACCO USE: The use of any tobacco products, including papers used to roll cigarettes and/or the smoking of electronic, “vapor,” or other substitute forms of cigarettes, shall be prohibited in all school district buildings, on school district grounds, and in school district vehicles. Employees who violate the District’s Tobacco Use policy will be subject to normal disciplinary procedures.

 

• B.   DRUGS AND ALCOHOL-FREE WORKPLACE: The District prohibits the manufacture, distribution, dispensation, possession, use of or presence under the influence of illegal drugs, controlled substances, and/or alcohol by an employee on school property, in District- owned or contracted vehicles, or while engaged in extra duty assignments or school sponsored activities, or during the workday. 

Employees on duty shall not use or take prescription drugs above the level recommended by the prescribing physician and shall not use prescribed drugs for purposes other than those for which they are intended.

Employees shall not dispense prescription drugs to others while engaged in extra duty assignments or school sponsored activities or during the workday unless authorized to do so.

 

• C.   DRUG AND ALCOHOL TESTING BASED UPON REASONABLE SUSPICION: Whenever the SDJ, through its administration, reasonably suspects that an employee’s work performance or on the job behavior may have been affected in any way by illegal drugs, misuse/abuse of prescription drugs, or alcohol, the employee may be required to submit to drug/alcohol testing.

If an employee who is required to submit to drug/alcohol testing based upon reasonable suspicion and refuses, the employee shall be charged with insubordination and may be subject to disciplinary action leading up to and including termination of their employment.

An employee who tests positive on a reasonable suspicion test will be in violation of this policy and shall be subject to disciplinary action leading up to and including termination of their employment.

Circumstances under which substance testing may be considered include, but not limited to: Observed use, possession of alcohol or illegal drugs, the sale of illegal drugs, illegal use, unauthorized dispensing of, or sale of prescription drugs; apparent physical state of impairment of motor functions; marked changes in personal behavior not attributable to other factors.

• D.   NOTIFICATION OF CONVICTION: Employees engaged in the implementation of a direct federal grant shall notify the District Administrator or their designee within five (5) days of their conviction for any criminal drug statute violation which occurred in the workplace. The District Administrator shall notify the appropriate federal agency of the conviction.
• E.   LAW ENFORCEMENT: Illegal drugs and/or controlled substances, drugs believed to be illegal and/or controlled substances and drug paraphernalia found on District property will be turned over to the appropriate law enforcement agency and the full cooperation given to any subsequent investigation.

3.10    STAFF ETHICS

An effective educational program requires the services of men and women of integrity, high ideals, and human understanding. To maintain and promote these essentials, the Board of Education expects all professional staff members to maintain high standards in their working relationships, and in the performance of their professional duties, to:

• A.   Recognize basic dignities of all individuals with whom they interact in the performance of duties;
• B.   represent accurately their qualifications;
• C.   exercise due care to protect the mental and physical safety of students, colleagues, and subordinates;
• D.   seek and apply the knowledge and skills appropriate to assigned responsibilities;
• E.   keep in confidence legally confidential information as they may secure;
• F.    ensure that their actions or those of another on their behalf are not made with specific intent of advancing private economic interests;
• G.   avoid accepting anything of value offered by another for the purpose of influencing judgment;
• H.   adhere to the policies of the Board;
• I.     refrain from using position or public property or permitting another person to use an employee's position or public property for partisan political or religious purposes. This will in no way limit constitutionally or legally protected rights as a citizen.

3.11    EMPLOYEE IDENTIFICATION BADGES

The District shall provide all employees with an employee identification badge. Employee identification badges are an important part of employee work attire. They allow students, parents, coworkers, vendors, and the public to know who employees are. They are an important part of providing a secure environment for our students. Employees must wear their employee identification badges in a visible spot while on SDJ sites.

3.12      LICENSURE/CERTIFICATION

Each employee who is required to be licensed or certified by law must provide the District with a copy of the current license or certificate to be maintained in his or her personnel file. Employees are expected to know the expiration date of their license/certification and meet the requirements for re-licensure or certification in a timely manner.

1.13      EMPLOYEE DRESS CODE

The professionalism of the School District of Janesville is reflected in the appearance and professional image the employees portray. A professional image is important and requires SDJ employees to maintain standards of dress and appearance appropriate to both the organization and individual position and responsibilities. Dress, grooming, personal cleanliness and professional behavior contribute to the professional image and positive learning environment that we strive to present for our students, parents and visitors. Therefore, SDJ employees are expected to dress in professional attire to best represent our school district.

• A.   APPROPRIATE ATTIRE EXAMPLES WHEN REPRESENTING THE DISTRICT
  • Business dress is required for all employees when conducting business with the business community, attending professional or service organizations or attending outside school related appointments such as the Forward Janesville Banquet. Business dress includes: a suit, sport coat or blazer, tie, dress pants, skirts or dresses and dress shoes.
• B.   DAILY PROFESSIONAL ATTIRE EXAMPLES
  • Business, business casual or clothing that is appropriate to the day’s activities are all acceptable. All clothing must be in good condition without tears, fraying or stains. All personnel working within schools and the administration building during normal operating or instructional hours shall dress in accordance with the following guidelines. These include but are not limited to:

1. Employees shall wear shoes that provide support and protection.
2. Exceptions from the standard dress code will be made for employees in specialized job assignments such as Tech Ed, Art, F.A.C.E., Physical Education, Maintenance, Custodial, Food Service and employees working with very young and/or behaviorally challenged students.
3. Other exceptions may apply and will be considered on a case-by-case basis by the employee’s immediate supervisor. Clothing should be clean, in good repair and appropriate to the duties or activities being performed and comply with all OSHA and Health Codes.
4. Other exceptions include school spirit days, designated “casual Fridays” and extreme hot weather. These exceptions are at the discretion of the employee’s immediate supervisor.
5. ESC Staff may wear jeans during school year non-student contact days, including winter break, spring break, and conference days.

• C.  INAPPROPRIATE ATTIRE EXAMPLES: 

1. Clothing which causes distraction within the learning or working environment is prohibited.
2. Clothing may not be ill-fitting, revealing of undergarments, provocative or ragged.
3. Clothing, jewelry, and personal expressions through body art may not contain offensive comments, inappropriate illustrations, advertisement of drugs and/or alcohol, political views, and any sexual, racial, ethnic, or religious discriminatory suggestions.

ENFORCEMENT: 

1. Schools: Principals shall be responsible for enforcing the standards of professional appearance based on their evaluation whether an employee’s appearance adversely impacts the learning environment, school climate, work process, or the site’s image in the community. The principal shall determine the appropriateness of apparel for school building employees under these guidelines
2. Administrative Building: Supervisors shall be responsible for enforcing the standards of professional appearance based on their evaluation whether an employee’s appearance adversely impacts the work site’s climate, work process, or the site’s image in the community. The supervisor shall determine the appropriateness of apparel for school building employees under these guidelines.
3. If an employee is unclear about dress and appearance guidelines, it is the employee’s responsibility to consult with their principal or supervisor. If an employee reports to work in questionable attire or appearance, a notification and discussion will occur with the employee to advice and counsel him or her regarding the inappropriateness of the attire. Depending upon the circumstances, the employee may also be sent home with directions to return to work in proper attire. Absence from work that results from being sent home for a violation of this policy will be unpaid.

Continued or frequent departures from these guidelines will not be permitted and employees who appear for work inappropriately dressed or groomed repeatedly will be subject to disciplinary action leading up to and including termination of their employment.

3.14 PERSONAL RECORDS (Board Policy 4150)

All employees have the right to inspect their own personnel records (excluding exceptions outlined in Board Policy 4150) upon request to the Assistant Superintendent of Administrative and Human Resources or their designee.

Personnel records will be made available for inspection in the district’s Administrative and Human Resources Office during regular working hours. Employees must make their request to view their records at least 24 hours in advance.

3.15 POLITICAL ACTIVITY (Board Policy po1311)

Employees may exercise the rights and privileges of any citizen in matters of a political nature consistent with restrictions as outlined in Board Policy po1311.

3.16      WORKPLACE SAFETY

It is important to the well-being of our students, employees, and visitors that all employees conform to basic workplace safety provisions and to be familiar with building procedures in the event of any emergency such as fire, tornado, intruders, etc. Employees shall report unsafe conditions or practices to their supervisor immediately.

A. EMERGENCY PROCEDURES

• Emergency drills are staged regularly in each SDJ building. During these drills every staff member must participate in the drill and follow proper procedures.
• At least once each year the building administrator will meet to update staff regarding procedures for emergencies. All employees should make themselves aware of the flipcharts in each room and become familiar with specific incidents, their role in a crisis, and what action needs to take place.

B.   NOTIFICATION OF SAFETY AND HEALTH STANDARDS

• Wisconsin Statute § 101.055 requires the Wisconsin Department of Safety and Professional Services to adopt and enforce safety and health standards that will provide protection to public employees at least equal to that provided to private sector employees under standards promulgated by federal Occupational Safety and Health Administration (OSHA). A District employee who believes that a safety or health standard is being violated, or that a situation exists which poses a recognized hazard likely to cause death or serious physical harm, may request the District to conduct an internal review of the matter. Furthermore, the employee may request the Wisconsin Department of Safety and Professional Services to conduct an inspection.

The District shall not discriminate against or discharge any employee for exercising any right afforded by this section. An employee may file a grievance under PART ONE, SECTION 5: GRIEVANCE PROCEDURE of this Handbook.

3.17 WORK SCHEDULES, HOURS OF WORK, AND OVERTIME

A.   WORK SCHEDULES; HOURS OF WORK

• Work schedules for employees vary throughout the district. Scheduled hours of work are set by the Human Resource Department under the advisory of administration and department managers. Administration and department managers or their designee(s) will inform employees of their individual work schedules.

B.   OVERTIME

• Whenever possible it is best to provide a normal scheduled work day and work week for employees. However, from time to time it is necessary to schedule work beyond the normally scheduled work day or work week.  For the purposes of overtime, a work week runs from Sunday through Saturday.
• Employees whose job duties qualify them for overtime compensation under the Fair Labor Standards Act (FLSA) will receive 1) time and one-half compensation for each hour worked over 40 in a work week or 2) compensatory time will be comped at time and one half for each hour worked over 40 hours in a work week.
• Employees eligible for overtime shall be paid at one and one-half time their regular hourly rate of pay for all hours physically worked in excess of 40 hours per week. Holidays, vacation, or any other time off whether paid or unpaid shall not count toward determining overtime. For the purposes of overtime, a work week runs from Sunday through Saturday.
• The process of scheduling overtime will be determined on a department or division basis. Employees should contact their supervisors to learn how overtime is assigned within their department or unit. An Administrator or Department Manager may, at their discretion, rearrange an employee’s schedule to eliminate any overtime liability for the workweek. Employees who work overtime without specific authorization from an administrator or manager will be subject to discipline, up to and including discharge.
• Employees who are considered to be exempt are ineligible for overtime payments.

3.18 VIOLENCE/BULLYING IN THE WORKPLACE

A.   VIOLENT BEHAVIOR

• Violent behavior of any kind or threats of workplace violence/bullying, either direct or implied are prohibited on District property and at District sponsored events. The District will not tolerate such conduct in its employees, former employees, contractors, or visitors. An employee who violates this policy may be subject to disciplinary action up to and including termination and may also be referred to law enforcement.

B.   PROHIBITED BEHAVIOR

• Examples of behavior that are prohibited under this policy include, but are not limited to:

1. Assault or battery.
2. Blatant or intentional disregard for the safety or well-being of others.
3. Commission of a violent felony or misdemeanor.
4. Dangerous or threatening horseplay or roughhousing.
5. Direct threats or physical intimidation.
6. Loud, disruptive, profane or obscene language or gestures that are clearly not part of the typical school district learning environment.
7. Physical restraint, confinement.
8. Possession of weapons of any kind on District property.
9. Stalking.
10. Any other act that a reasonable person would perceive as constituting a threat of violence.

C.   REPORTING PROCEDURE

• An employee, who is the victim of violence, believes they have been threatened with violence, or witnesses an act or threat of violence towards anyone else shall take the following steps:

1. If an emergency exists and the situation is one of immediate danger, the employee shall contact the local law enforcement by dialing 9-1-1 and may take whatever emergency steps are available and appropriate to protect themselves from immediate harm, such as leaving the area.
2. If the situation is not one of immediate danger, the employee shall report the incident to his or her immediate supervisor or their designee as soon as possible.
3. An employee who has received a court order against an individual, who may impact the employee at work [e.g., verbal or physical contact or proximity has been prohibited or restricted], shall immediately supply a copy of the signed order to their supervisor. The supervisor shall provide copies to the other appropriate supervisors and inform other employees on an as-needed basis.

D.   INVESTIGATION AND INVESTIGATION FINDINGS

• The District will investigate all complaints filed and may investigate in other situations where no complaint was filed but was brought to the District’s attention. Retaliation against a person who makes a good-faith complaint regarding violent behavior or threats of violence made to them is also prohibited.
• In appropriate circumstances, the District will inform the reporting individual of the results of the investigation. To the extent possible, the District will maintain the confidentiality of the reporting employee and the investigation but may need to disclose results in appropriate circumstances; (i.e., in order to protect individual safety or to conduct an adequate investigation).

3.19 REQUIRED VEHICLE USE BY EMPLOYEE

Any employee whose job requires them to use their own vehicle for job related purposes needs to have a valid driver's license and proof of current insurance coverage. Employees who regularly drive their vehicle for job related purposes, including those employees who work in multiple SDJ building sites, must provide a copy of their driver's license and proof of current insurance coverage to the Administrative and Human Resources Department.

4.01    EXPECTATIONS

SDJ expects that employees will keep abreast of developments within their own area of expertise, keep all certifications current, and participate in their own development throughout their employment with SDJ. This implies that all employees will take an active role in planning their own personal development, participating in required trainings, and engaging in any training and development evaluation processes. Employees can expect that their supervisors will provide support and guidance in relation to the training and development of those reporting to them, particularly in relation to the identification of training and development needs of individuals, teams, and departments.

Should an employee lack the knowledge, the skill or the ability to such an extent that they cannot carry out their duties to the standard required, training and development may be provided in an attempt to improve performance.

The SDJ will monitor and evaluate training and development activity so as to continually improve the program and the participation of SDJ employees.

4.02      TIME ALLOCATION FOR TRAINING AND DEVELOPMENT

Release time during regular work times and days when school is in session is increasingly difficult; however, whenever it is possible training and development activities that are required by SDJ will usually take place during work time with employees receiving their regular pay during the activity. In these cases, substitutes or other work coverage will be furnished if needed.

Training and development activities that are encouraged but not required may take place during work time or other time outside of usual patterns of work with supervisor approval. Supervisors will work closely with employees to arrange for any substitutes or other work coverage.

The purpose of this Section is to provide for an internal method for resolving grievances related to discipline, workplace safety, and termination. A determined effort shall be made to settle any grievance at the lowest possible level in the grievance procedure.

This Employee Grievance Policy and Procedure, as currently drafted, conforms to the requirements of state statutes. Future legislation may eliminate the obligation to adopt such a policy and procedure and/or may modify the requirements for such policy and procedure.

This Employee Grievance Policy and Procedure is intended to apply to all school district employees.

5.01 PURPOSE

The purpose of this Grievance Procedure is to provide a way for employees of the School District of Janesville (employer) to resolve grievances concerning discipline, termination, or workplace safety. The employer believes that it is in the best interests of both employees and employer that all matters in dispute between the employee and the employer first be addressed informally in an effort to resolve them, prior to engaging in this Grievance Procedure.

This Grievance Procedure is intended to comply with Wis. Stat. §66.0509(1m). This procedure does not create a contract of employment and does not change an employee's employment status. Employment disputes that are covered by state or federal statutes and/or administrative enforcement mechanisms are not covered by this Procedure.

5.02 DEFINITIONS

1. Grievance: means a written complaint related to the discipline or termination of an employee or to "workplace safety."
2. Days: mean calendar days.
3. Employee Termination: shall be narrowly construed to mean a separation from employment by the employer for disciplinary or performance reasons. "Employee termination" does not include layoff, failure to be recalled from layoff, furlough or reduction in workforce, administrator or teacher nonrenewal for the purpose of the elimination of a position or a reduction in staff, job transfer, non-disciplinary demotion, reduction in or elimination of position, resignation, voluntary quit, abandonment, end of employment due to disability, retirement, or death, and end of employment and/or completion of assignment of limited term, temporary, seasonal, substitute, or part-time employees.
4. Employee Discipline: shall be narrowly construed to mean a suspension without pay, or a demotion or reduction in rank, pay, or other benefits, imposed by the employer for disciplinary reasons. Employee discipline does not include oral or written reprimands, performance evaluations, performance improvement plans, termination, non- renewal of teacher contracts under Wis. Stat. § 118.22, non-renewal of administrator contracts under Wis. Stat. § 118.24, layoff, failure to be recalled from layoff, furlough or reduction in workforce, administrative leave or suspension with pay, or any other employment action such as wage, benefit or salary adjustments, or change in assignment, which are taken for a non-disciplinary reason.
5. Workplace Safety: shall be narrowly construed to refer to (1) an existing condition that substantially endangers an employee's health and safety; or (2) any workplace policy or procedure established by state or federal law or the Board to protect the safety and health of employees in the District which is alleged by an employee to have been violated and to have substantially adversely affected the employee's safety at a District workplace.

5.03      TIME LIMITS

If the grievant fails to comply with any time periods or other procedures of this policy, the grievance will be deemed resolved and the grievant shall have no further right to pursue or appeal a grievance decision. If the employer fails to comply with any time periods or other procedures of this policy, the grievant may advance the grievance to the next level, and there shall be no other consequence or remedy for the employer's failure to comply with any time periods or other procedures. A grievance may be withdrawn by the employee at any time. Once a grievance is withdrawn, it cannot be reopened or refiled. The parties may mutually agree to extend any time deadline. Such extensions shall be non-precedential.

5.04 TERMINATION OF AN EMPLOYEE WITH A CONTRACT FOR A DEFINITE TERM

Termination of an Employee with a Contract for a Definite Term. The required procedure for terminating an employee where there is an expectation of continued employment because of the existence of a contract for a definite term, a "cause" standard or another basis in law or fact, is as follows:

A.   The District Administrator or designee (or in the case of the termination of the District Administrator, an individual designated by the Board President) shall notify the employee, in writing, that they intend to recommend that the Board terminate the employee’s contract and the basis for that recommendation.

B.   The Board shall provide the employee with such due process as is required by law in making its decision on the termination recommendation.

C.   In making its decision on the recommendation, the Board shall apply the standard established in the contract for termination of the contract or, if no standard is set forth in the contract, and the employee is not a probationary employee, shall determine whether just cause exists for termination of the contract. “Just cause” shall include, but not be limited to, incompetence or substantial negligence in the performance of job duties or obligation; failure or refusal to perform job duties or obligations; a material violation of state or federal law; violation of Board policies or the employee’s job description; dishonest, immoral, fraudulent or criminal conduct or any similar conduct. In determining whether “just cause” is present, the Board will base its decision on the seven steps of the “just cause” disciplinary standard reflected in Board Policy po4121, as follows:

1. Was the employee forewarned of the consequences of his or her actions?
2. Are the employer’s rules reasonably related to business efficiency and performance the employer might reasonably expect from the employee?
3. Was an effort made before discipline or discharge to determine whether the employee was guilty as charged?
4. Was the investigation conducted fairly and objectively?
5. Did the employer obtain substantial evidence of the employee’s guilt?
6. Were the rules applied fairly and without discrimination?
7. Was the degree or discipline reasonably related to the seriousness of the employee’s offense and the employee’s past record?

If the employee is a probationary employee, and no standard is set forth in the contract, the Board shall determine whether good and sufficient cause exists for termination of the contract. “Good and sufficient cause” includes, but is not necessarily limited to, the factors included under a “just cause” standard. However, in making such determination, the Board need not base its decision on the seven steps of the “just cause” disciplinary standard described above, and shall instead base its decision on whether the administrative recommendation to terminate is based on a reasonable finding of: 1) incompetence or substantial negligence in the performance of job duties or obligations; 2) failure or refusal to perform job duties or obligations; 3) material violation of state or federal law; violation of Board policies or the employee’s job description; 4) dishonest, immoral, fraudulent or criminal conduct; or 5) similar conduct unbecoming an employee of the District.

The Board shall inform the employee in writing, of its decision regarding the termination recommendation. If the employee wishes to appeal the termination decision, the employee must file an appeal requesting an “Impartial Hearing” at 5.05 PROCESS - D. of this Grievance Procedure by filing a completed grievance form with the Board President within fourteen (14) days of receiving written notice of termination. If no appeal is filed; the Board’s decision shall become final.

D.   Non-Renewal of a Teacher or Administrator Contract Governed by Wis. Stat. §§ 118.22 or 118.24. The procedures for non-renewal of a teacher or administrator contract set forth in Wis. Stat. §§ 118.22 and 118.24, respectively, shall be followed, if applicable. If the Board non-renews the contract of a teacher or administrator for reasons other than the elimination of the position or a reduction in staff, pursuant to Wis. Stat. §§ 118.22 or 118.24, and the teacher or administrator wishes to appeal the non-renewal decision, the teacher or administrator may file an appeal requesting an "Impartial Hearing" at 5.05 PROCESS - D. of this Grievance Procedure by filing a grievance form with the Board President within fourteen (14) days of receiving final, written notice of non-renewal from the Board. If no appeal is filed, the Board's decision shall be final. For non-renewal of non-probationary employees, the Board shall apply the same standard for non-renewal as it would apply for termination of a contract for a definite term. For non-renewal of probationary employees, neither the “just cause” standard nor the “good and sufficient cause” standard apply.

5.05      PROCESS

A.   WRITTEN GRIEVANCE SUBMISSION

Only the employee who is subject to the discipline or termination or directly impacted by the issue of workplace safety may file a grievance. The employee must file a grievance within fourteen (14) Days of the date the employee knew or reasonably should have known of the termination, employee discipline or workplace safety issue. The grievance must be in writing on the Employee Grievance Form available from the School District of Janesville Employee Handbook. On the form, the grievant shall: (1) identify the category of grievance (i.e., termination of an employee without a contract with a definite term, discipline, or workplace safety); (2) Describe the attempts to resolve the complaint informally; (3) identify the facts supporting the grievance; (4) specify the policy, rule, regulation, or law alleged to have been violated, and the rationale supporting the grievance; and (5) describe the relief requested. The grievance must be given to the District Administrator. If the grievant is the District Administrator, the grievance must be given to the Board President.

B.   REPRESENTATIVES

Any party involved in the grievance may have a representative present at all levels once the grievance has been filed in writing.

C.   ADMINISTRATIVE DECISION

The District Administrator shall act on the grievance within fourteen (14) days of receipt of the written grievance, unless the District Administrator is the Grievant in which case the response shall be provided by the Board. The written response shall contain a statement of the basis for the decision to sustain or deny the grievance, and, if denied, the deadline for the Grievant to appeal the grievance to an Impartial Hearing Officer. The District Administrator is encouraged to meet with the Grievant to discuss the grievance.

D.   IMPARTIAL HEARING

Impartial Hearing. If the grievant wishes to appeal the administrative decision or Board decision described in 5.04 TERMINIATION OF AN EMPLOYEE WITH A CONTRACT FOR A DEFINITE TERM - A. or B. above, the grievant must file a written appeal with the Board President within fourteen (14) days of receipt of the administrative decision or Board decision, requesting a hearing before an Impartial Hearing Officer ("IHO"). The hearing shall take place within a reasonable time. The IHO shall file a written decision within thirty (30) days after the hearing is concluded, including any post-hearing briefing period, unless the IHO notifies the parties that more time is needed and provides the reasons for the extension. Additional information regarding the Impartial Hearing process is found in 5.06 PROCEDURE FOR IMPARTIAL HEARING - #6. below.

E.   APPEAL OF IMPARTIAL HEARING OFFICER’S DECISION

If either party is aggrieved by the decision rendered by the Impartial Hearing Officer, the aggrieved party may file a written appeal with the Board within ten (10) days of receiving the IHO's decision. If no appeal is filed within ten (10) days, the decision of the IHO shall become final. Additional information regarding the Board's review on appeal of an IHO's decision is found in 5.07 PROCEDURE FOR BOARD REVIEW ONAPPEAL OF IMPARTIAL HEARING OFFICER’S DECISION below.

5.06      PROCEDURE FOR IMPARTIAL HEARING

A.   STANDARD OF REVIEW

The standard of review to be applied by the IHO to an administrative/Board decision, including a Board decision under 5.04 TERMINIATION OF AN EMPLOYEE WITH A CONTRACT FOR A DEFINITE TERM - A. or B. above, shall be based on the following:

1. The review of a Boards decision to terminate an employee under 5.04 TERMINIATION OF AN EMPLOYEE WITH A CONTRACT FOR A DEFINITE TERM - A. above, shall require deference to the Board’s decision and be upheld if it has a reasonable basis in fact.
2. The review of an administrative decision to terminate or discipline an employee under any circumstance or to non-renew an employee’s contract under 5.04 TERMINIATION OF AN EMPLOYEE WITH A CONTRACT FOR A DEFINITE TERM - B. above, shall require deference to the administrator/Board decision.
3. Termination of a probationary employee under a contract for a definite term shall be upheld unless the IHO determines that the decision to terminate does not reasonably meet the “good and sufficient cause” standard set forth in 5.04 TERMINIATION OF AN EMPLOYEE WITH A CONTRACT FOR A DEFINITE TERM - A. above.
4. Non-renewal of a probationary employee under a contract for a definite term and termination or discipline of a probationary employee not under a contract for a definite term shall be upheld unless it is found to be so unreasonable as to be without rational basis or the result of an unconsidered or irrational choice.
5. For non-probationary employees, the administrative/Board decision shall be upheld unless the IHO finds that administration has failed to adequately meet the seven steps of the “just cause” disciplinary standard as set forth in Board Policy 4121 and described in 5.04 TERMINIATION OF AN EMPLOYEE WITH A CONTRACT FOR A DEFINITE TERM - A. - #3. above.
6. The review of an administrative decision concerning a workplace safety grievance shall require deference to the administrative decision and the decision shall be upheld if it is not “arbitrary or capricious,” which shall be defined as an action which is either so unreasonable as to be without rational basis or the result of unconsidered, willful, or irrational choice.

B.   IMPARTIAL HEARING OFFICER

The IHO shall not be an officer, agent or employee of the Board at the time of appointment. The Board shall appoint the Impartial Hearing Officer.

C.   IHO RESPONSIBILITIES AND AUTHORITY

The IHO shall do the following:

1. Screen the grievance and determine whether it falls within one of the categories subject to the Grievance Procedure and whether it has been timely filed.
2. Provide reasonable notice to the parties of the time and location for the hearing.
3. When requested by either party, subpoena witnesses as necessary to ensure their testimony.
4. Make evidentiary findings and conclusions. In the case of a grievance related to a termination or discipline, the IHO shall determine whether a full evidentiary hearing is needed to afford the employee the requisite due process, and, if so, shall allow the grievant to present evidence, call and question witnesses, cross- examine adverse witnesses, obtain copies of evidentiary materials and argue his or her case. The rules of evidence shall not apply at any hearing; however, depending on the nature of the hearing, a material fact may not be supported solely by hearsay evidence. Additionally, the IHO may exclude or limit irrelevant, repetitive, or redundant evidence or any evidence lacking probative value. The IHO shall act so as to provide a speedy and inexpensive resolution of any appeal brought before them.
5. If the grievance is sustained, in whole or in part, determine the appropriate remedy, provided, however, that the IHO may not award attorney’s fees or litigation expenses against the Board at any time.
6. The IHO shall only consider only the precise issue(s) submitted on the grievance form and letter of appeal, if applicable, shall apply the applicable standard of review, and shall have no authority to determine any other issue.
7. The IHO has no authority to make any decision which requires the commission of an act prohibited by law.
8. The hearing shall be recorded. The IHO shall consider whether to engage a court reporter in lieu of recording the hearing. The grievant may request the opportunity to have the hearing conducted in open session, subject to such other legal requirements relating to confidentiality or privacy which may apply to the subject matter of the hearing.
9. The IHO shall issue a written decision no more than thirty (30) days after the hearing is concluded, including any briefing period, unless the IHO notifies the parties that more time is needed and the reasons therefore.
10. The IHO shall inform the parties that an appeal of the decision may be taken to the Board if filed within ten (10) days of the receipt of the IHO's decision, and that if no timely appeal is filed, the IHO's decision shall become final.

5.07    PROCEDURE FOR BOARD REVIEW ONAPPEAL OF IMPARTIAL HEARING OFFICER’S DECISION

If either party is aggrieved by the IHO's decision, either party has the right to file a written appeal with the Board within ten (10) days of receiving the IHO's decision. If no timely appeal is filed, the IHO's decision shall become final.

3. The Board President shall provide the parties with ten (10) days’ notice of any meeting scheduled by the Board to hear the appeal.
4. The Board shall review the grievance on the record established by the IHO. Each party may make a brief oral presentation to the Board to summarize the party's position as to whether the IHO decision should be sustained, modified, or reversed. No factual evidence or argument not presented to the IHO for consideration shall be presented to the Board for review. The appeal meeting shall be held in closed session. If the Board determines more information is necessary, it may either remand the matter to the IHO for further proceedings.

4. Board may affirm, reverse, or modify the IHO's decision. The IHO's decision will be reversed or modified if the decision was:

1. In excess of the District’s statutory authority or jurisdiction;
2. Based upon improper application or interpretation of Board policies or handbook provisions;
3. Unsupported by relevant evidence to support the conclusion or is otherwise erroneous;
4. So unreasonable as to be without a rational basis or the result of unconsidered, willful or irrational choice;
5. The result of an inappropriate application of the standard of review by the IHO;
6. Beyond scope of review of IHO; or,
7. In contravention of public policy considerations.

Procedural errors, which do not have a substantial effect on the rights of the parties, shall not be grounds for reversal of any decision.

Board's decision shall be final. The Board shall send the grievant and the District Administrator a written statement of its decision within a reasonable time after hearing the appeal.

LEGAL REFERENCE:            
Wis. Stat. § 66.0509(1m)
Wis. Stat. § 118.22 
Wis. Stat. § 118.24