File:  GBEB

 

 

 

 

Staff Conduct

(And Responsibilities)

 

All staff members have a responsibility to make themselves familiar with and abide by federal and state laws as these affect their work, and the policies and regulations of the district.

 

As representatives of the district and role models for students, all staff shall demonstrate and uphold high professional, ethical and moral standards. Staff members shall conduct themselves in a manner that is consistent with the educational mission of the district and shall maintain professional boundaries with students at all times. Interactions between staff members must be based on mutual respect and any disputes will be resolved in a professional manner.

 

Rules of conduct

 

Each staff member shall observe rules of conduct established in law which specify that a school employee shall not:

 

1.            Disclose or use confidential information acquired in the course of employment to further personal financial interests.

 

2.            Accept a gift of substantial value or substantial economic benefit tantamount to a gift of substantial value which would tend to improperly influence a reasonable person in the position, or which the staff member knows or should know is primarily for the purpose of a reward for action taken.

 

3.            Engage in a substantial financial transaction for private business purposes with a person whom the staff member supervises.

 

4.            Perform an action and substantially confers an economic benefit tantamount to a gift of substantial value on a business or other undertaking in which the staff member has a substantial financial interest or is engaged as counsel, consultant, representative or agent.

 

 

All staff members shall be expected to carry out their assigned responsibilities with conscientious concern.

 

It shall not be considered a breach of conduct for a staff member to:

 

1.            Use school facilities and equipment to communicate or correspond with constituents, family members or business associates on an occasional basis.

 

2.            Accept or receive a benefit as an indirect consequence of transacting school district business.

 

Essential to the success of ongoing school operations and the instructional program are the following specific responsibilities which shall be required of all personnel:

 

1.            Faithfulness and promptness in attendance at work.

 

2.            Support and enforcement of policies of the Board and regulations of the school administration in regard to students.

 

3.            Diligence in submitting required reports promptly at the times specified.

 

4.            Care and protection of school property.

 

5.            Concern and attention toward the safety and welfare of students, including the need to ensure that students are appropriately supervised.

 

 

Child abuse

 

All district employees who have reasonable cause to know or suspect that any child is subjected to abuse or to conditions that might result in abuse or neglect must immediately upon receiving such information report such fact in accordance with Board policy and state law.

 

The superintendent is authorized to conduct an internal investigation or to take any other necessary steps if information is received from a county department of social services or a law enforcement agency that a suspected child abuse perpetrator is a school district employee. Such information shall remain confidential except that the superintendent shall notify the Colorado Department of Education of the child abuse investigation.

 

Possession of Dangerous weapons

 

The provisions of the policy regarding public possession of dangerous weapons on school property or in school buildings also shall apply to employees of the district. However, the restrictions shall not apply to employees who are required to carry or use dangerous weapons in order to perform their necessary duties and functions.

 

Felony/misdemeanor convictions

 

If, subsequent to beginning employment with the district, the district has good cause to believe that any staff member has been convicted of, pled nolo contendere to, or received a deferred or suspended sentence for any felony or misdemeanor other than a misdemeanor traffic offense or infraction, the district shall make inquiries to the Department of Education for purposes of screening the employee.

 

In addition, the district shall require the employee to submit a complete set of fingerprints taken by a qualified law enforcement agency. Fingerprints must be submitted within 20 days after receipt of written notification. The fingerprints shall be forwarded to the Colorado Bureau of Investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado Bureau of Investigation and the Federal Bureau of Investigation.

 

Disciplinary action, which could include dismissal from employment, may be taken against personnel if the results of fingerprint processing provide relevant information. Non-licensed employees shall be terminated if the results of the fingerprint-based criminal history record check disclose a conviction for certain felonies, as provided in law.

 

Employees shall not be charged fees for processing fingerprints under these circumstances.

 

Unlawful behavior involving children

 

The Board may make an inquiry with the Department of Education concerning whether any current employee of the school district has been convicted of, pled nolo contendere to, or received a deferred or suspended sentence or deferred prosecution for a felony or misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children. Disciplinary action, including termination, may be taken if the inquiry discloses information relevant to the employee’s fitness for employment.

 

Personnel addressing health care treatment for behavior issues

 

School personnel are prohibited under state law from recommending or requiring the use of psychotropic drugs for students. They are also prohibited from testing or requiring testing for a student’s behavior without giving notice to the parent/guardian describing the recommended testing and how any test results will be used and obtaining prior written permission from the student or from the student’s parent/guardian. See the Board’s policy concerning survey, assessment, analysis or evaluation of students. School personnel are encouraged to discuss concerns about a student’s behavior with the parent/guardian and such discussions may include a suggestion that the parent/guardian speak with an appropriate health care professional regarding any behavior concerns school personnel may have.

 

Employee Screenings

 

Colorado school districts are required to report to the Colorado Department of Education (CDE) if an employee is dismissed or has resigned as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which is supported by a preponderance of evidence. The superintendent is delegated the responsibility for notifying the Colorado Department of Education as soon as possible but no later than ten (10) business days after the employee’s dismissal. The superintendent shall provide any information requested by CDE concerning the circumstances of the dismissal. The district also shall notify the employee that information concerning the dismissal is being forwarded to CDE unless such notice would conflict with the confidentiality requirements of the Child Protection Act.

 

If the district learns that a current employee has been convicted of, pled nolo contendere to, or received a deferred sentence or deferred prosecution for any felony or misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, the superintendent shall immediately report this information to CDE. In addition, the superintendent shall immediately notify CDE when a dismissal action against a licensed employee is based upon the employee’s conviction, guilty plea, plea of nolo contendere, or deferred sentence for any of the following offenses:

 

        Any felony, including but not limited to felony child abuse, felony unlawful sexual behavior, a felony offense involving unlawful sexual behavior, and a felony offense involving an act of domestic violence;

        A crime of violence;

        Indecent exposure;

        Contributing to the delinquency of a minor;

        Misdemeanor domestic violence;

        Misdemeanor sexual assault;

        Misdemeanor unlawful sexual conduct;

        Misdemeanor sexual assault on a client by a psychotherapist;

        Misdemeanor child abuse;

        Misdemeanor sexual exploitation of children;

        Misdemeanor involving the illegal sale of controlled substances;

        Physical assault;

        Battery; or

        A drug-related offense.

The superintendent shall also notify CDE when:

 

        The county department of social services or the local law enforcement agency reasonably believes that an incident of child abuse or neglect has occurred and the employee is the suspected perpetrator and was acting in an official capacity as an employee of the district.

        The Board reasonably believes that an employee is guilty of unethical behavior or professional incompetence.

 

Superintendents or other designated executive staff for public, charter or private schools should submit the Colorado Department of Education Notification Form by email to CDELicensingBackgroundUnit@cde.state.co.us or you may send it by mail to Colorado Department of Education, Enforcement Unit, 6000 E. Evans Ave, #2, Suite 100, Denver, CO 80222.

 

Adopted June 26, 2019

 

LEGAL REFS:            

C.R.S. 18-12-105.5     

C.R.S. 18-12-214 (3)(b) (school security officers may carry concealed handgun pursuant to valid permit)

C.R.S. 19-3-308 (5.7) Children’s Code - Child Abuse and Neglect

C.R.S. 22-30.5-110.5(1)-(2), (7)(a)-(7)-(7)(b) Education School Districts - Charter Schools Act

C.R.S. 22-32-109.7 (1)-(3.5) Education School Districts - Board of Education - Specific Duties - Employment of Personnel

C.R.S. 22-32-109 (1)(ee) (duty to adopt policy prohibiting personnel from recommending certain drugs for students or ordering behavior tests without parent permission)

C.R.S. 22-32-109.1 (8) (policy requiring inquiries upon good cause to department of education for purpose of ongoing screening of employees)

C.R.S. 22-32-109.7

C.R.S. 22-32-109.8 (6) (requirement to terminate non-licensed employees for certain felony offenses) 

C.R.S. 22-32-109.8 (10)

C.R.S. 22-32-109.9     

C.R.S. 22-32-110 (1)(k)

C.R.S. 22-60.5-107 Colorado Educator Licensing Act - Grounds for denying, suspending, or revoking license, certificate, endorsement, or authorization

C.R.S. 24-18-104

C.R.S. 24-18-109

 

CROSS REFS:             

JLC, Student Health Services and Records

JLDAC, Screening/Testing of Students

JLF, Reporting Child Abuse/Child Protection

KFA, Public Conduct on District Property