Information for the 9-19-16 Board Meeting
Transcription
Information for the 9-19-16 Board Meeting
NAZARETH AREA SCHOOL DISTRICT One Education Plaza Nazareth, PA 18064-2397 610-759-1170 September 19, 2016 7:30 p.m. I. II. PRELIMINARIES: A. Call to Order B. An Executive Session was held prior to this meeting for personnel and legal matters C. Roll Call D. Pledge of Allegiance E. Approval of minutes of the Regular Meeting of August 15, 2016 (To be approved at the second meeting of the month) F. Comments on Board Resolutions Only CORRESPONDENCE AND PRESENTATIONS: A. B. C. III. Recognition of T. J. Bostian for his participation in the Skills USA National Competition this past June - Mr. Alan Davis Recognition of the Varsity Cheerleaders and Coaches - Mr. Alan Davis School Board Art Award for the 2015-16 School Year awarded to Ms. Grace Graves Dr. Dennis Riker AREA UPDATES: A. Student Government Association Leaders [Attendance is tentative] B. Building Principal Reports Building Principal Written Area Updates submitted for Review a. High School – Mr. Davis b. Middle School – Mr. Kern c. Intermediate School – Mr. Yanek d. Shafer Elementary – Mr. Mudlock e. Butz Elementary – Dr. Shoemaker f. Lower Nazareth Elementary – Mr. Santos C. Board Committee Area Reports a. Career Institute of Technology – Mr. Villani/Mr. Vasko b. Intermediate Unit #20 – Mr. Butz 1 IV. EDUCATION PROGRAM AND INFORMATION TECHNOLOGY DEPARTMENT CONSIDERATIONS: 1. 2. 3. 4. Assistant Superintendent’s Report – Ms. Resende Educational Program Written Report Submitted for Review Educational Committee of the Board Report – Mr. Crook Technology – Mr. Uelses - Written Area Update Submitted for Review Technology Committee of the Board Report – Mr. Vasko ___________________________ I move to approve the considerations ___________________________ as hereinafter described: A. Approve the following request/s for homebound education from: 1. Student A, effective October 31, 2016. B. Approve the following conference request/s from: 1. Chris Boylan, support staff, to attend the A/CAPA Fall Conference 2016 from November 2 to November 4, 2016, in Hershey, Pennsylvania, at an approximate cost of $960.42. C. 2. Sandy Jameson, teacher, to attend the NCTE Annual Convention from November 17 to November 20, 2016, in Atlanta, Georgia, at an approximate cost of $495.00 3. Robert Bauder, administrator, to attend the INACOL Conference from October 25 to October 28, 2016, in San Antonio, Texas, at an approximate cost of $1,369.40. 4. Isabel Resende, administrator, to attend the PASA New Superintendent’s Academy on September 20 and 21, 2016, in Harrisburg, Pennsylvania, at an approximate cost of $453.90. Approve the following trip request/s from: 1. Approve the trip request for the Nazareth Area High School Wrestlers to attend the Beast of the East Wrestling Tournament at the University of Delaware, Newark, Delaware, from December 17, 2016, to December 18, 2016. The cost to the District includes the Tournament fee of $675.00, which will be paid through the Athletic Department, as well as a sub for one day. 2. Approve the trip request for the Nazareth Area High School Chorale and Nightingales to participate in a tour across the State, culminating with the Nightingales performing at States, from April 18 to 21, 2017. There will be no cost to the District, other than a sub for four days. 2 D. Approve the following internship request/s from: 1. Currently, no requests have been received. E. Approve the following student teaching request from East Stroudsburg University from August 30, 2016 – October 14, 2016: a. Mitchell Knapp with David Lutte in Grade 8 Social Studies at the Nazareth Area High School. F. Approve the following FALL Primary I field experience assignments (1 day a week for 10 weeks) and SPRING Primary II field experience assignments (2 days a week for 10 weeks) from East Stroudsburg University: G. a. Lyndsey Kremen with Jessica Hanson in Grade 1 at Kenneth N. Butz, Jr. Elementary School b. Corinne Krieg with Sara Smull in Kindergarten at Kenneth N. Butz, Jr. Elementary School c. Jillian Cozzubbo with Laurie Gum in Grade 1 at Kenneth N. Butz, Jr. Elementary School d. Heather Williams with Corinne Hinkel in Kindergarten at Kenneth N. Butz, Jr. Elementary School e. Heather Baumeister with Marissa Reed in Grade 2 at Kenneth N. Butz, Jr. Elementary School f. Jenna Peters with Barb Maitski in Grade 1 at Kenneth N. Butz, Jr. Elementary School. Approve the following student teaching request from Kutztown University from October 24, 2016 – December 15, 2016 (pending receipt of satisfactory clearances, health report and negative TB test results): a. H. Approve the following student teaching request from Moravian College from October 24, 2016 – December 9, 2016: a. I. Breana Rockmore in Grade 3 with Jennifer Pettinelli at Shafer Elementary School. Kayla Krouse with Gina Rakos in Biology at Nazareth Area High School. Authorize the Administration to reclassify the previously Board approved Information Technology capital projects for the 2016-2017 fiscal year. These projects will be paid from the General Fund IT Budget. Teacher Laptops - $98,712.40 Music Lab Upgrade - $75,341.00 Wireless Upgrade - $89,801.93 3 J. Authorize the Administration to make the following changes to the agreement with CIU20 for a Regional Wide Area Network (RWAN) and Internet services: Reduce the monthly estimated cost from $2,974.09 to $2,911.07. Add a secondary Internet Circuit through RCN, to increase redundancy. The agreement began July 1, 2015 and continues through June 30, 2017 (Internet services)/June 2020 (transport services) at the reduced amount, and will be funded though the general fund. First Reading of District Policy #248, Pupils/Unlawful Harassment and District Policy #348, Administrative Employees/Unlawful Harassment. No Board action is required at this time. The Federal Programs Report will be included with the final agenda documents. No Board action will be required on this particular item. V. VI. FINANCIAL BOARD CONSIDERATIONS: 1. Business Administrator’s Report – Mr. Whiteleather 2. Audit and Finance Committee Report of the Board – Mr. Treon ________________________________ I move to approve the considerations ________________________________ as hereinafter described: A. Ratification/Approval of Financial Reports In conformity with provisions under the Public School Code and Series 700 of the Board Policy Manual, the Board at this time shall consider ratification/approval of current school district financial reports including the treasurer’s report, all of which have been provided to the Board in advance of tonight’s meeting and will be included in the official Minutes of this meeting. B. Ratification/Approval of Payment of Bills At this time, the Board shall consider ratification/approval of all the bills paid from the school district’s funds since the last regular meeting of the Board, as previously presented to the Board prior to tonight’s meeting and will be included in the official Minutes of this meeting. PERSONNEL BOARD CONSIDERATIONS: 1. Personnel – Dr. Riker 2. Board Personnel Committee Report – Mr. Vasko 4 _______________________________ I move to approve the considerations _______________________________ as hereinafter described: A. VII. For Board Approval 9-19-16 At the current time, there are no personnel considerations….. PERSONNEL BOARD RESOLUTIONS: _______________________________ I move to approve the resolution (VII.A.) _______________________________ through (VII.K.) as hereinafter described. Vote will be by consent and/or roll call vote. A. Approve the addition/deletion of the following personnel to the substitute list, effective the first day of employment, and pending receipt of all required paperwork: Additions: Subject Name Elementary K-6 Family-Consumer Science Ment/Phys Handicapped K-12 Music PK-12 PK-4 Maureen Phillips Susan Kiehl Linda Baskwell Nichole Boger Brittany Altavilla Katelyn Tekin Lori Trachta Ryan Heiserman Christopher Polini Virginia Bradley, Associate Tchr. Briello Ferraro, Associate Tchr. Ryan Heiserman, Associate Tchr. Elizabeth Kresge, Associate Tchr. Michael Swanson, Food Services & Monitor Joy Supinski, Food Services PK-4,Special Ed Emergency Support Staff Deletions: Associate Nurse Viana Boenzli Christina Haggerty Elizabeth Kochenash Darlene Webb Christina Adams Caitlin Bologitz Laurie Ann Conklin Katelyn Davies April Golick Early Childhood Elementary 5 Elementary (Cont’d) Emergency English Eng/SS/Lib Music PreK-4 Social Studies SpecialEd K-8 Support Staff(Associate) Julie Hamilton Colton Kast Kara Miller Kasi Pohorence Megan Sell Lisa Talarico Gabriella Villanueva-Rauh Lynnzie Schaffer Natasha Lewis Kimberly Kopec Megan Valley Ryan Barrick Tamara Altonen Amanda Audenried Donna Cimahosky Susan Holland B. Approve the following request/s for uncompensated leave from: 1. Currently, there are no request/s for uncompensated leave. C. Approve the following request/s for leaves of absences from: 1. Employee - FMLA 16/17-5, for an intermittent family and medical leave. 2. Employee - FMLA 16/17-6, beginning approximately October 19, 2016 through approximately March 20, 2017 for a family and medical leave. 3. Employee - FMLA 16/17-7, beginning approximately February 13, 2017 through approximately May 9, 2017, for a family and medical leave. D. Approve the following resignations from: 1. Joy Supinski, food service helper, Shafer Elementary School, effective September 9, 2016. 2. Andrea Quintana, long-term substitute teacher, Nazareth Area Intermediate School, effective August 23, 2016. 3. Kasi Pohorance, associate teacher, Kenneth N. Butz, Jr. Elementary School, retroactive to August 24, 2016, and pending approval as a teacher at the Kenneth N. Butz, Jr. Elementary School. 4. Natasha Lewis, associate librarian, Nazareth Area High School, effective September 28, 2016. E. Accept the following retirements for: 1. Susan Bostian, teacher, at multiple buildings, effective December 23, 2016. 6 F. Approve the hiring/transfer/change of position for the following personnel: 1. Hire Amy Daggett as a replacement cafeteria monitor, with an initial assignment at Shafer Elementary School, retroactive to August 24, 2016, and with other terms and conditions currently in effect between the Nazareth Area School District and the Support Professionals’ Association, and pending receipt of all required paperwork. It is understood that employment is provisional until all required paperwork is received, based on the requirements of the Public Employee Relations Act and the Pennsylvania Department of Education. 2. Hire Megan Lane as a replacement associate teacher, with an initial assignment at the Kenneth N. Butz, Jr. Elementary School, retroactive to August 25, 2016, and with other terms and conditions currently in effect between the Nazareth Area School District and the Support Professionals’ Association, and pending receipt of all required paperwork. It is understood that employment is provisional until all required paperwork is received, based on the requirements of the Public Employee Relations Act and the Pennsylvania Department of Education. 3. Hire Caitlyn Lapps as a replacement associate teacher, retroactive to August 25, 2016, with an initial assignment at Shafer Elementary School, and with other terms and conditions currently in effect between the Nazareth Area School District and the Support Professionals’ Association, and pending receipt of all required paperwork. It is understood that employment is provisional until all required paperwork is received, based on the requirements of the Public Employee Relations Act and the Pennsylvania Department of Education. 4. Hire Kasi Pohorance as a replacement teacher, with an initial assignment at the Kenneth N. Butz, Jr. Elementary School, retroactive to August 24, 2016, at Step 1 of the Bachelor’s Salary Schedule, $51,604.00, and with other terms and conditions currently in effect between the Nazareth Area School District and the Education Association, and pending receipt of all required paperwork. It is understood that employment is provisional until all required paperwork is received, based on the requirements of the Public Employee Relations Act and the Pennsylvania Department of Education. 5. Hire Megan Sell as an elementary teacher, with an initial assignment at Lower Nazareth Elementary School, retroactive to August 24, 2016, at Step 1 of the Bachelor’s + 12 Salary Schedule, $51,804.00, and with other terms and conditions currently in effect between the Nazareth Area School District and the Education Association, and pending receipt of all required paperwork. It is understood that employment is provisional until all required paperwork is received, based on the requirements of the Public Employee Relations Act and the Pennsylvania Department of Education. 6. Hire Tiffany Getz as an elementary teacher, with an initial assignment at the Kenneth N. Butz, Jr. Elementary School, retroactive to August 24, 2016, at Step 1 of the Master’s Salary Schedule, $54,007.00, and with other terms and conditions currently in effect between the Nazareth Area School District and the Education Association, and pending receipt of all required paperwork. It is understood that employment is provisional until all required paperwork is received, based on the requirements of the Public Employee Relations Act and the Pennsylvania Department of Education. 7 7. 8. 9. G. Hire April Golick as an elementary teacher, with an initial assignment at Shafer Elementary School, retroactive to August 24, 2016, at Step 2 of the Master’s Salary Schedule, $55,379.00, and with other terms and conditions currently in effect between the Nazareth Area School District and the Education Association, and pending receipt of all required paperwork. It is understood that employment is provisional until all required paperwork is received, based on the requirements of the Public Employee Relations Act and the Pennsylvania Department of Education. Hire Katie McDermott as a long-term substitute teacher during the leave of Amy Fatzinger, Nazareth Area Intermediate School, retroactive to August 24, 2016, at Step 1 of the Master’s Salary Schedule, $54,007.00, and with other terms and conditions currently in effect between the Nazareth Area School District and the Education Association, and pending receipt of all required paperwork. It is understood that employment is provisional until all required paperwork is received, based on the requirements of the Public Employee Relations Act and the Pennsylvania Department of Education. Hire Nicole Huie as a long-term substitute teacher during the leave of Anne Mills, Nazareth Area Middle School, retroactive to September 13, 2016, at Step 1 of the Bachelor’s + 24 Salary Schedule, $52,004.00, and with other terms and conditions currently in effect between the Nazareth Area School District and the Education Association, and pending receipt of all required paperwork. It is understood that employment is provisional until all required paperwork is received, based on the requirements of the Public Employee Relations Act and the Pennsylvania Department of Education. Approve the following EPED assignments for the 2016-2017 school year: Nazareth Area High School: ACTIVITY Add: Art Show Assistant Name Change (Antony to Arner): Band - Music Technician Remove: Commencement Coordinator - Shared Add: Commencement Coordinator - Shared Change from 6 points to 12 points: Student Council Advisor Nazareth Area Middle School: ACTIVITY POSITION DISTRICT FIRST NAME LAST NAME SALARY NAHS D-P Molly Samuelson $ NAHS D-P Michael Arner $ 1,539.00 NAHS D-P Lynn Dietrich $ 864.00 NAHS D-P Sandra Jameson $ 864.00 NAHS D-P Trischia Gostony $ 1,728.00 POSITION DISTRICT FIRST NAME LAST NAME SALARY NAMS NAMS NAMS NAMS NAMS NAMS NAMS NAMS D-P D-P D-P ND D-P D-P D-P D-P Anne Koryn Lauren Kathy Lauren Lauren Anne Abby Mills Musto Munson Heller Munson Munson Mills Bastides $ 2,544.00 $ 1,272.00 $ 2,226.00 $ 384.00 $ 636.00 $ 954.00 $ 795.00 $ 1,092.00 432.00 Changes: Marching Band Director Drama Assistant Director Drama Director Kiwanis Builders' Club Advisor - Shared Musical Show - Front of House Coordinator Musical Show - Choral Director Musical Show - Choreographer SADD Advisor 8 (Cont’d) SAP Advisor - Shared SAP Advisor - Shared Best Buddies Summer School Teacher - Session II (2017) NAMS NAMS NAMS NAMS D-P D-P D-P D-P Jodi Michelle Kristen Christina Chilson Famularo Stoudt Glasgow $ 477.00 $ 477.00 $ 1,113.00 $ 1,820.00 POSITION DISTRICT FIRST NAME LAST NAME SALARY NAIS D-P Lynn Post $ 364.00 NAIS D-P Stephanie Schubert $ 576.00 NAIS D-P Amy Wolf $ 763.20 Nazareth Area Intermediate School: ACTIVITY Remove: Rotary Interact Club Advisor - Shared Change from 2 points to 4 points: Rotary Interact Club Advisor Remove: Ski Club Advisor - Shared H. Approve the following EPED assignments for the 2016-2017 school year: EPED ATHLETICS - FALL 2016-2017 ACTIVITY POSITION DISTRICT FIRST NAME LAST NAME 2016-2017 SALARY ADDITIONS: Assistant Athletic Director - Fall DISTRICT D-A Joseph Celin $ 4,096.00 Athletic Equipment Manager DISTRICT D-SS Thomas Edwards $ 2,500.00 Field Hockey - Assistant MS Coach NAMS ND Britney Williams $ 792.00 Field Hockey - Assistant MS Coach NAMS D-SS Tiffany Columbo $ 792.00 Volleyball - Girls - Varsity Coach - Volunteer NAHS ND Erin Hillman DISTRICT D-A Joseph Celin Unpaid DELETIONS: Assistant Athletic Director - Fall $ 5,096.00 I. Provide compensation to the following individuals for previous EPED service: Michelle Schoeneberger $423.00 2013-14 Student Council Advisor Lucas Schoeneberger $423.00 2013-14 Student Council Advisor Trischia Gostony $423.00 2014-15 Student Council Advisor Lucas Schoeneberger $423.00 2014-15 Student Council Advisor Trischia Gostony $423.00 2015-16 Student Council Advisor Lucas Schoeneberger $423.00 2015-16 Student Council Advisor J. Approve Dr. Estelle Stein as the School Dentist for the Nazareth Area School District, retroactive to August 31, 2016, to be paid $4.00 per examination screening for students in kindergarten, grade 3, and grade 7, who have not had an examination done privately, in accordance with a signed contract. K. Approve Dr. James Wasson, M.D., P.C., as the School District Physician, retroactive to August 31, 2016, to be paid $6,050.00 per ten-month school year, in two equal installments in December and May, in accordance with a signed contract. 9 VIII. IX. FACILITIES AND OPERATIONS CONSIDERATIONS: 1. Cabinet Director of Support Services – Ms. Grube 2. Facilities and Operations – Mr. Zemanick/Ms. Crane - Written Area Updates Submitted for Review 3. Facilities and Operations Committee of the Board Report – Mr. Butz ______________________________ I move to approve the considerations ______________________________ as hereinafter described: A. Approve the facility use requests, as previously presented and as approved by the Board and Administration, and which become part of the resolution through reference. B. Authorize the Administration to proceed with the emergency sinkhole repairs/remediation adjacent to the High School Stadium in the Schoeneck Creek, as previously presented to the Buildings and Grounds Committee of the Board. The project will consist of sinkhole remediation, at an approximate cost of $12,600.00. The cost of the repairs will come from the Capital Improvement Fund. SUPPORT SERVICES RESOLUTIONS: (Transportation, Food Service, and Athletics) 1. 2. 3. 4. 5. 6. Food Service – Ms. Garr - Written Area Updates Submitted for Review Food Service Committee of the Board Report – Dr. Stubits Transportation – Ms. Grube Transportation Committee of the Board Report – Mr. Crook Athletics – Mr. Ramella - Written Area Update Submitted for Review Athletic Committee of the Board Report – Mr. Villani ______________________________ I move to approve the considerations ______________________________ as hereinafter described: A. Authorize the Administration to extend the Athletic Department photographer contract with Bishop Photography through the 2016-2017 school year, under the terms and conditions currently in place, and which becomes part of this resolution through reference. 10 B. X. For Board Approval 9-19-16 Authorize the Administration to extend the Agreement with Media All Stars to produce sports posters through the 2016-2017 school year, under the terms and conditions currently in place, and which becomes part of this resolution through reference. OTHER BOARD RESOLUTIONS FOR APPROVAL: A. Authorize the Business Administrator to cast the vote for the election of the 2016 PSBA Officers and At-Large Representatives, selecting one in each category, as previously presented to the Board, and which becomes part of this resolution through reference: President-Elect: o Michael Faccinetto Vice-President: o David Hutchinson Central At Large (three-year term): No one is running for this seat. This will be addressed when the vacancy officially commences January 1, 2017. There are currently five trustee seats open and five candidates. A school entity can vote for up to five individuals. Trustee (Term ends December 31, 2018): o William S. LaCoff Trustee (Term ends December 31, 2019): o Kathy K. Swope o Mark B. Miller Trustee (Term ends December 31, 2017): o Marianne L. Neel o Michael Faccinetto XI. SUPERINTENDENT’S REPORT 1. 2. 3. 4. Board Update – Dr. Riker Nazareth Area School District Board’s Advisory Committee Nazareth Area School District Liaison Committee Ad Hoc Board Committees: (Updates, if necessary) a. COG – Dr. Stubits 11 XII. OLD BUSINESS XIII. BRIEF COMMUNITY CORNER XIV. NEW BUSINESS XV. ANNOUNCEMENT OF MEETINGS (Please see attached list) XVI. ADJOURNMENT 12 The following are upcoming meeting dates for September: 9/6/16 Education Committee Meeting for General Purposes Walter L. Peters Board Room 6:30 p.m. 9/6/16 Technology Committee Meeting for General Purposes Walter L. Peters Board Room 6:30 p.m. 9/13/16 Support Services Committee Meetings for General Purposes Walter L. Peters Board Room 6:30 p.m. 9/19/16 Blue Eagle Education Foundation Meeting District Office Break Room 6:30 p.m. 9/19/16 Executive Session for Personnel and Legal Purposes Dr. Riker’s Office 6:30 p.m. 9/19/16 Board Meeting for General Purposes Walter L. Peters Board Room 7:30 p.m. 9/20/16 Personnel Committee Meeting** Walter L. Peters Board Room 6:30 p.m. 9/27/16 2020 Committee Meeting for General Purposes Business Administrator’s Office 5:30 p.m. 9/27/16 Audit and Finance Committee Meeting for General Purposes Business Administrator’s Office 6:30 p.m. No Meeting This Month Liaison Committee Meeting** Walter L. Peters Board Room 3:15 p.m. **Indicates meeting is a closed meeting. 13 The following are upcoming meeting dates for October: 10/4/16 Education Committee Meeting for General Purposes Walter L. Peters Board Room 6:30 p.m. 10/4/16 Technology Committee Meeting for General Purposes Walter L. Peters Board Room 6:30 p.m. 10/11/16 Support Services Committee Meetings for General Purposes Walter L. Peters Board Room 6:30 p.m. 10/17/16 Blue Eagle Education Foundation Meeting District Office Break Room 6:30 p.m. 10/17/16 Executive Session for Personnel and Legal Purposes Dr. Riker’s Office 6:30 p.m. 10/17/16 Board Meeting for General Purposes Walter L. Peters Board Room 7:30 p.m. 10/18/16 Personnel Committee Meeting** Walter L. Peters Board Room 6:30 p.m. 10/25/16 2020 Committee Meeting for General Purposes Business Administrator’s Office 5:30 p.m. 10/25/16 Audit and Finance Committee Meeting for General Purposes Business Administrator’s Office 6:30 p.m. **Indicates meeting is a closed meeting. 14 No. 248 NAZARETH AREA SCHOOL DISTRICT SECTION: PUPILS TITLE: UNLAWFUL HARASSMENT ADOPTED: APRIL 25, 2005 REVISED: First Reading - 9-19-16 248. UNLAWFUL HARASSMENT 1. Purpose The Board strives to provide a safe, positive learning climate for students in the schools. Therefore, it shall be the policy of the district to maintain an educational environment in which harassment in any form is not tolerated. 2. Authority Title VII 42 U.S.C. Sec. 2000e et seq Title IX 42 U.S.C. Sec. 1681 43 P.S. Sec. 951 et seq 29 CFR Sec. 1606.8 (a) The Board prohibits all forms of unlawful harassment of students and third parties by all district students and staff members, contracted individuals, vendors, volunteers, and third parties in the schools. The Board encourages students and third parties who have been harassed to promptly report such incidents to the designated employees.Building Principal The Board directs that complaints of harassment shall be investigated promptly, and corrective action be taken when allegations are substantiated. Confidentiality of all parties shall be maintained, consistent with the district's legal and investigative obligations. No Neither reprisals nor retaliation shall occur as a result of good faith charges of harassment. 3. Definitions 29 CFR Sec. 1606.8 (a) 62 Fed. Reg. 12033 (March 13, 1997) 66 Fed. Reg. 5512 (Jan. 19, 2001) For purposes of this policy, harassment shall consist of verbal, written, graphic or physical conduct relating to an individual's race, color, age , creed, religion, gender, sexual orientation, gender identity, gender expression, ancestry, pregnancy, material status, disability, or national origin/ethnicity national origin/ethnicity, gender, age, disability, sexual orientation or religion when such conduct: 1. Is sufficiently severe, persistent or pervasive that it affects an individual's ability to participate in or benefit from an educational program or activity or creates an intimidating, threatening or abusive educational environment. 2. Has the purpose or effect of substantially or unreasonably interfering with an individual's academic performance. 3. Otherwise adversely affects an individual's learning opportunities. Page 1 of 4 248. UNLAWFUL HARASSMENT - Pg. 2 29 CFR Sec. 1604.11 (a) For purposes of this policy, sexual harassment shall consist of unwelcome sexual advances; requests for sexual favors; and other inappropriate verbal, written, graphic or physical conduct of a sexual nature when: 1. Submission to such conduct is made explicitly or implicitly a term or condition of a student's academic status. 2. Submission to or rejection of such conduct is used as the basis for academic or work decisions affecting the individual. 3. Such conduct deprives a student of educational aid, benefits, services or treatment. 4. Such conduct is sufficiently severe, persistent or pervasive that it has the purpose or effect of substantially interfering with the student's school performance or creating an intimidating, hostile or offensive educational environment. Examples of conduct that may constitute sexual harassment include but are not limited to sexual flirtations, advances, touching or propositions; verbal abuse of a sexual nature; graphic or suggestive comments about an individual's dress or body; sexually degrading words to describe an individual; jokes; pin-ups; calendars; objects; graffiti; vulgar statements; abusive language; innuendoes; references to sexual activities; overt sexual conduct; or any conduct that has the effect of unreasonably interfering with a student's ability to work or learn or creates an intimidating, hostile or offensive learning or working environment. 4. Delegation of Responsibility Pol. 103 In order to maintain an educational environment that discourages and prohibits unlawful harassment, the Board designates the Superintendent or designee as the district's Compliance Officer. The Compliance Officer shall publish and disseminate this policy and the complaint procedure at least annually to students, parents, employees, independent contractors, vendors, and the public. The publication shall include the position, office address and telephone number of the Compliance Officer. Each staff member shall be responsible to maintain an educational environment free from all forms of unlawful harassment. Each student shall be responsible to respect the rights of their fellow students and district employees and to ensure an atmosphere free from all forms of unlawful harassment. Page 2 of 4 248. UNLAWFUL HARASSMENT - Pg. 3 The building principal or designee shall be responsible to complete the following duties when receiving a complaint of unlawful harassment: 1. Inform the student or third party of the right to file a complaint and the complaint procedure. 2. Inform the complainant that s/he may be accompanied by a parent/guardian during all steps of the complaint procedure. 3. Notify the complainant and the accused of the progress at appropriate stages of the procedure. 4. Refer the complainant to the Compliance Officer if the building principal is the subject of the complaint. 5. Guidelines Complaint Procedure – Student/Third Party Step 1 – Reporting A student or third party who believes s/he has been subject to conduct that constitutes a violation of this policy is encouraged to immediately report the incident to the building principal or a district employee. A school employee who suspects or is notified that a student has been subject to conduct that constitutes a violation of this policy shall immediately report the incident to the building principal. If the building principal is the subject of a complaint, the student, third party or employee shall report the incident directly to the Compliance Officer. The complainant or reporting employee is encouraged to use the report form available from the building principal, but oral complaints shall be acceptable. Step 2 – Investigation Upon receiving a complaint of unlawful harassment, the building principal shall immediately notify the Compliance Officer. The Compliance Officer shall authorize the building principal to investigate the complaint, unless the building principal is the subject of the complaint or is unable to conduct the investigation. The investigation may consist of individual interviews with the complainant, the accused, and others with knowledge relative to the incident. The investigator may also evaluate any other information and materials relevant to the investigation. Page 3 of 4 248. UNLAWFUL HARASSMENT - Pg. 4 The obligation to conduct this investigation shall not be negated by the fact that a criminal investigation of the incident is pending or has been concluded. Step 3 – Investigative Report The building principal shall prepare a written report within fifteen (15) days, unless additional time to complete the investigation is required. The report shall include a summary of the investigation, a determination of whether the complaint has been substantiated as factual and whether it is a violation of this policy, and a recommended disposition of the complaint. The findings of the investigation shall be provided to the complainant, the accused, and the Compliance Officer. Step 4 – District Action If the investigation results in a finding that the complaint is factual and constitutes a violation of this policy, the district shall take prompt, corrective action to ensure that such conduct ceases and will not recur. Disciplinary actions shall be consistent with the Student Code of Conduct, Board policies and district procedures, applicable collective bargaining agreements, and state and federal laws. If it is concluded that a student has knowingly made a false complaint under this policy, such student shall be subject to disciplinary action. Appeal Procedure 1. If the complainant is not satisfied with a finding of no violation of the policy or with the corrective action recommended in the investigative report, s/he may submit a written appeal to the Compliance Officer within fifteen (15) days. 2. The Compliance Officer shall review the investigation and the investigative report and may also conduct a reasonable investigation. 3. The Compliance Officer shall prepare a written response to the appeal within fifteen (15) days. Copies of the response shall be provided to the complainant, the accused and the building principal who conducted the initial investigation. Page 4 of 4 248. ATTACHMENT REPORT FORM FOR COMPLAINTS OF UNLAWFUL HARASSMENT Complainant: __________________________________________________________________ Home Address: _________________________________________________________________ Home Phone: __________________________________________________________________ School Building: ________________________________________________________________ Date of Alleged Incident(s): _______________________________________________________ Alleged harassment was based on: (circle those that apply) Age Ancestry Color Creed Gender Gender Expression Gender Identity Handicap/Disability National Origin Race Religion Sexual Orientation Name of person you believe violated the district's unlawful harassment policy: ______________________________________________________________________________ If the alleged harassment was directed against another person, identify the other person: ______________________________________________________________________________ Describe the incident as clearly as possible, including what force, if any, was used; verbal statements (i.e. threats, requests, demands, etc.); what, if any, physical contact was involved. Attach additional pages if necessary: ________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ When and where incident occurred: ________________________________________________ List any witnesses who were present: _______________________________________________ ______________________________________________________________________________ This complaint is based on my honest belief that ________________________ has harassed me or another person. I certify that the information I have provided in this complaint is true, correct and complete to the best of my knowledge. _____________________________ Complainant's Signature _______________________ Date _____________________________ Received By _______________________ Date No. 348 NAZARETH AREA SCHOOL DISTRICT SECTION: ADMINISTRATIVE EMPLOYEES TITLE: UNLAWFUL HARASSMENT ADOPTED: APRIL 25, 2005 REVISED: First Reading - 9-19-16 348. UNLAWFUL HARASSMENT 1. Purpose The Board strives to provide a safe, positive working climate for its employees. Therefore, it shall be the policy of the district to maintain an employment environment in which harassment in any form is not tolerated. 2. Authority Title VII 42 U.S.C. Sec. 2000e et seq Title IX 20 U.S.C. Sec. 1681 The Board prohibits all forms of unlawful harassment of employees and third parties by all district students and staff members, contracted individuals, vendors, volunteers, and third parties in the schools. The Board encourages employees and third parties who have been harassed to promptly report such incidents to the to the employee’s Supervisor, an Administrator, or the Superintendent. designated administrators. The Board directs that complaints of harassment shall be investigated promptly, and corrective action be taken when allegations are substantiated. Confidentiality of all parties shall be maintained, consistent with the district's legal and investigative obligations. No Neither reprisals nor retaliation shall occur as a result of good faith charges of harassment. 3. Definitions 29 CFR Sec. 1606.8 (a) 62 Fed. Reg. 12033 (March 13, 1997) 66 Fed. Reg. 5512 (Jan. 19, 2001) For purposes of this policy, harassment shall consist of verbal, written, graphic or physical conduct relating to an individual's race, color, national origin/ethnicity, gender, age, disability, sexual orientation or religion when such conduct: 1. Is sufficiently severe, persistent or pervasive that it affects an individual's ability to perform job functions or creates an intimidating, threatening or abusive work environment. 2. Has the purpose or effect of substantially or unreasonably interfering with an individual's work performance. 3. Otherwise adversely affects an individual's employment opportunities. Page 1 of 4 348. UNLAWFUL HARASSMENT - Pg. 2 29 CFR Sec. 1604.11 (a) For purposes of this policy, sexual harassment shall consist of unwelcome sexual advances; requests for sexual favors; and other inappropriate verbal, written, graphic or physical conduct of a sexual nature when: 1. Acceptance of such conduct is made, explicitly or implicitly, a term or condition of an individual's continued employment. 2. Submission to or rejection of such conduct is the basis for employment decisions affecting the individual. 3. Such conduct is sufficiently severe, persistent or pervasive that it has the purpose or effect of substantially interfering with the employee's job performance or creating an intimidating, hostile or offensive working environment. Examples of conduct that may constitute sexual harassment include but are not limited to sexual flirtations, advances, touching or propositions; verbal abuse of a sexual nature; graphic or suggestive comments about an individual's dress or body; sexually degrading words to describe an individual; jokes; pin-ups; calendars; objects; graffiti; vulgar statements; abusive language; innuendoes; references to sexual activities; overt sexual conduct; or any conduct that has the effect of unreasonably interfering with a employee's ability to work or creates an intimidating, hostile or offensive working environment. 4. Delegation of Responsibility Pol. 103 In order to maintain a work environment that discourages and prohibits unlawful harassment, the Board designates the Superintendent or designee as the district's Compliance Officer. The Compliance Office is responsible to provide annual policy updates, information and awareness for the District. Administrators are responsible to ensure implementation, compliance and enforcement of this policy.The Compliance Officer shall publish and disseminate this policy and the complaint procedure at least annually to students, parents, employees, independent contractors, vendors, and the public. The publication shall include the position, office address and telephone number of the Compliance Officer. The Administration shall be responsible for providing training for employees regarding all aspects of unlawful harassment. The administration shall be responsible to provide training for students and employees regarding all aspects of unlawful harassment. Each staff member shall be responsible to maintain a working environment free from all forms of unlawful harassment. Page 2 of 4 348. UNLAWFUL HARASSMENT - Pg. 3 Any District Administrator or Building Administrator The building principal or designee shall be responsible to complete the following duties when receiving a complaint of unlawful harassment: 1. Inform the employee or third party of the right to file a complaint and the complaint procedure. 2. Notify the complainant and the accused of the progress at appropriate stages of the procedure. 3. Refer the complainant to the Compliance Officer if the building principal is the subject of the complaint. 5. Guidelines Complaint Procedure – Employee/Third Party Step 1 – Reporting An employee or third party who believes s/he has been subject to conduct that constitutes a violation of this policy is encouraged to immediately report the incident to the building principal. If the building principal is the subject of a complaint, the employee or third party shall report the incident directly to the Compliance Officer. The complainant is encouraged to use the report form available from the building principal, but oral complaints shall be acceptable. Step 2 – Investigation Upon receiving a complaint of unlawful harassment, the building principal shall immediately notify the Compliance Officer. The Compliance Officer shall authorize the building principal to investigate the complaint, unless the building principal is the subject of the complaint or is unable to conduct the investigation. The investigation may consist of individual interviews with the complainant, the accused, and others with knowledge relative to the incident. The investigator may also evaluate any other information and materials relevant to the investigation. The obligation to conduct this investigation shall not be negated by the fact that a criminal investigation of the incident is pending or has been concluded. Page 3 of 4 348. UNLAWFUL HARASSMENT - Pg. 4 Step 3 – Investigative Report The building principal shall prepare a written report within fifteen (15) days, unless additional time to complete the investigation is required. The report shall include a summary of the investigation, a determination of whether the complaint has been substantiated as factual and whether it is a violation of this policy, and a recommended disposition of the complaint. The findings of the investigation shall be provided to the complainant, the accused, and the Compliance Officer. Step 4 – District Action If the investigation results in a finding that the complaint is factual and constitutes a violation of this policy, the district shall take prompt, corrective action to ensure that such conduct ceases and will not recur. Disciplinary actions shall be consistent with Board policies and district procedures, applicable collective bargaining agreements, and state and federal laws. Pol. 317, 417, 517 If it is concluded that an employee has knowingly made a false complaint under this policy, such employee shall be subject to disciplinary action, including termination. Appeal Procedure 1. If the complainant is not satisfied with a finding of no violation of the policy or with the corrective action recommended in the investigative report, s/he may submit a written appeal to the Compliance Officer within fifteen (15) days. 2. The Compliance Officer shall review the investigation and the investigative report and may also conduct a reasonable investigation. 3. The Compliance Officer shall prepare a written response to the appeal within fifteen (15) days. Copies of the response shall be provided to the complainant, the accused and the building principal who conducted the initial investigation. Page 4 of 4 2348. ATTACHMENT REPORT FORM FOR COMPLAINTS OF UNLAWFUL HARASSMENT Complainant: __________________________________________________________________ Home Address: _________________________________________________________________ Home Phone: __________________________________________________________________ School Building: ________________________________________________________________ Date of Alleged Incident(s): _______________________________________________________ Alleged harassment was based on: (circle those that apply) Age Ancestry Color Creed Gender Gender Expression Gender Identity Handicap/Disability National Origin Race Religion Sexual Orientation Name of person you believe violated the district's unlawful harassment policy: ______________________________________________________________________________ If the alleged harassment was directed against another person, identify the other person: ______________________________________________________________________________ Describe the incident as clearly as possible, including what force, if any, was used; verbal statements (i.e. threats, requests, demands, etc.); what, if any, physical contact was involved. Attach additional pages if necessary: ________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ When and where incident occurred: ________________________________________________ List any witnesses who were present: _______________________________________________ ______________________________________________________________________________ This complaint is based on my honest belief that ________________________ has harassed me or another person. I certify that the information I have provided in this complaint is true, correct and complete to the best of my knowledge. _____________________________ Complainant's Signature _______________________ Date _____________________________ Received By _______________________ Date