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Vista USD |  AR  4100  Personnel

Certificated Personnel   

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Rules of Conduct

The Governing Board expects district employees to maintain the highest ethical standards, exhibit professional behavior, follow district policies and regulations, and abide by state and federal laws. Employee conduct should enhance the integrity of the district and advance the goals of the district's educational programs. Each employee should make a commitment to acquire the knowledge and skills necessary to fulfill his/her responsibilities and should focus on his/her contribution to the learning and achievement of district students.

The Board encourages district employees to accept as guiding principles the professional standards and codes of ethics adopted by educational or professional associations to which they may belong.

Employee Conduct

1. Each employee is required to perform all listed duties and responsibilities contained in applicable Board Policies, the applicable job description and applicable law.

2. Each employee shall follow all reasonable directives from the employee's immediate supervisor, the Superintendent or designee, and the Board. Each employee is required to follow all such directives unless they necessarily place the employee, another employee or a student in an unsafe or dangerous condition; or they necessarily require the violation of applicable law.

3. Each employee shall adhere to relevant working conditions, the employee's assignment, including any rules or regulations regarding discipline, established by a collective bargaining agreement, the Board, the Superintendent or designee, or the employee's immediate supervisor.

4. Each employee shall adhere to all applicable law, including the law covering the operations of the District, the educational program of the District, the rights of students, the rights of employees, and the rights of parents and the public.

5. The District is an equal employment opportunity employer that complies with all applicable federal and state non-discrimination laws. The District does not tolerate the violation of such laws by any employee. The District also does not tolerate illegal sexual harassment or any other illegal harassment by an employee.

6. The District is committed to all applicable laws concerning equal educational opportunity for all the students in the District. The District does not tolerate the violation of such laws by any employee.

7. Each employee is prohibited form the unlawful manufacture, distribution, dispensation, possession, or use of alcohol or a controlled substance in any workplace or facility of the District. Each employee must notify the Superintendent in writing within five (5) days of any drug statute conviction for a violation occurring in any workplace or facility of this District. A conviction includes any finding or guilt, including a no contest plea, or imposition of a sentence.

8. No employee shall be under the influence of alcohol or a controlled substance while the employee is acting within the scope of employment. The use of drugs under and consistent with the directions of a physician which does not unreasonably impair the performance of an employee is not prohibited. An employee may use prescribed drugs while acting within the scope of employment as long as such use is under and consistent with the directions of a physician and such use does not unreasonably impair the performance of the employee.

9. Each employee shall report any unsafe condition or illegal activity to the employee's immediate supervisor, the Superintendent or the Assistant Superintendent as soon as possible after discovering the unsafe condition or illegal activity. The District does not tolerate the observance of illegal activity without reporting it as soon as possible to a representative of the District.

10 The District requires each employee to adhere to the Child Abuse and Neglect Reporting Act (Penal Code sections 11164-11174.3). Each employee who has knowledge of or observes a child in the employee's professional capacity or within the scope of employment when the employee knows or reasonably suspects has been the victim of child abuse shall report the known or suspected instance of child abuse to a child protective agency immediately or as soon as practically possible by telephone. Each employee then shall prepare and send a written report to the child protective agency within 36 hours of receiving the information concerning the incident.

11. No employee shall release confidential information involving another employee or a student to a parent or any other member of the public unless expressly authorized by applicable law, the Superintendent or designee, or the Board. Each employee is required to adhere to all applicable laws protecting the privacy rights of employees and students.

12. No employee shall smoke or use tobacco products at any workplace or facility of the district. The district discourages all employees from smoking or using tobacco products, and prohibits smoking and the use of tobacco products wherever an employee is acting within the scope of employment.

13. Pursuant to Education Code section 44932(a), a permanent employee may be dismissed for:

a. Immoral or unprofessional conduct;

b. Commission, aiding, or advocating the commission of acts of criminal syndicalism, as prohibited by law;

c. Dishonesty;

d. Incompetency;

e. Evident unfitness for service;

f. Physical or mental condition unfitting them to instruct or associate with children;

g. Persistent violation of or refusal to obey the school laws of California, or reasonable regulations adopted by the State Board of Education, or reasonable regulations or policies adopted by the District; Conviction of a felony or of any crime involving moral turpitude;

h. Violation of statutes prohibiting the advocacy of communism;

i. Violation of any provision in Education Code sections 7001 to 7007;

j. Knowing membership in the Communist Party; or

k. Alcoholism or other drug abuse which makes the employee unfit to instruct or associate with children.

14. The Commission on Teacher Credentialing has adopted Rules of Conduct for Professional Educators which became operative on February 3, 1989. Each employee is required to abide by such rules that are set forth in the California Code of Regulations, Title 5, Sections 80331-80338.

15. No employee shall remove District property from District facilities for personal use.

16. It is the responsibility for each employee to register his/ her credential with the District prior to reporting to duty. Failure to do so may result in the pay warrant being withheld. Employees shall not be paid prior to the date of a valid credential. Failure to maintain a valid credential may result in removal from the assigned position.

Staff Conduct with Students

The Board expects all employees to exercise good judgment and maintain professional standards and boundaries when interacting with students both on and off school property. Inappropriate employee conduct shall include, but not be limited to, engaging in harassing or discriminatory behavior; engaging in inappropriate socialization or fraternization with a student; soliciting, encouraging, or establishing an inappropriate written, verbal, online or physical relationship with a student; furnishing tobacco, alcohol, or other illegal or unauthorized substances to a student; or engaging in child abuse.

An employee who observes or has evidence of inappropriate conduct between another employee and a student shall immediately report such conduct to the principal or Superintendent or designee. An employee who has knowledge of or suspects child abuse shall file a report pursuant to the district's child abuse reporting procedures as detailed in AR 5141.4 - Child Abuse Prevention and Reporting.

Any employee who is found to have engaged in inappropriate conduct with a student in violation of the law or this policy shall be subject to disciplinary action.

No employee shall inflict, or cause to be inflicted, corporal punishment upon a student. The term "corporal punishment" means the same as it is defined by Education Code section 49001. Each employee is required to adhere to Education Code sections 49000 and 49001 that prohibit corporal punishment.

No employee shall use physical redirection that causes harm or embarrassment to students to redirect student conduct. Prohibited physical redirection includes, but is not limited to pinching, pushing, grabbing, blocking and holding students. For purposes of this policy, this prohibition does not include an employee's use of force that is reasonable and necessary to protect the employee, students, staff or other persons or to prevent damage to property or to obtain possession of weapons or other dangerous objects within the control of the student. (Education Code 49001).

The Board delegates to the Superintendent the authority to adopt written regulations regarding the conduct of employees as long as they are not inconsistent with Policies adopted by the Board. Any such written regulations shall be adhered to as if the Board adopted them.

(cf. 0200 - Goals for the School District)

(cf. 4112.2 - Certification)

(cf. 4119.1/4219.1/4319.1 - Civil and Legal Rights)

(cf. 4131 - Staff Development)

(cf. 4231 - Staff Development)

(cf. 4331 - Staff Development)

(cf. 2111 - Superintendent Governance Standards)

(cf. 9005 - Governance Standards)

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 4040 - Employee Use of Technology)

(cf. 5131 - Conduct)

(cf. 6163.4 - Student Use of Technology)

(cf. 5141.4 - Child Abuse Prevention and Reporting)

(cf. 5144- Student Discipline)

(cf. 4118 - Suspension/Disciplinary Action)

(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

Regulation VISTA UNIFIED SCHOOL DISTRICT

approved: June 28, 2012 Vista, California