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GBEA-1 ANTI-FRATERNIZATION POLICY: STAFF Preamble
The Definitions For purposes of this policy, “staff” refers to all For purposes of this policy, “student” refers to all
For the purposes of this
policy “school property” includes all places set forth in Policy
All
staff must be aware that students of all ages and intellect are susceptible
to influence by both staff and fellow peers.
While this influence most often yields positive educational results,
it can also be used in a manner that is entirely inappropriate. Accordingly, staff must be cognizant of
their appropriate roles and professional duties in the development of
students. Similarly, staff must be
cognizant of the imbalance of power that exists in relationships between
staff and student, which can live on long after the student has graduated
from the Many personal
relationships are entirely appropriate and develop through family or
neighborhood interactions with respect and adherence to the appropriate
standards of professional conduct. To
the degree that such relationships develop or exist, it is the staff’s
responsibility to ensure that such relationships continue along and within
appropriate boundaries. Failure to adhere to the requirements of this policy
may result in severe consequences, up to and including termination. The
staff of the Staff are
responsible for appropriate and professional conduct in all settings and in
all forms of communication, including, but not limited to, verbal
communications/speech, written communications, Internet and e-mail
communications, physical gestures, motions or any other form of
interaction. This policy does not
preclude legitimate, non-sexual, physical conduct such as the use of
necessary restraints to avoid physical harm to persons or property, or
conduct otherwise necessary to respond to legitimate educational
circumstances. Staff shall not conduct
social activities on a one-on-one basis outside of school with students or single
out students from the general student population for special treatment (e.g.
gifts, dinners, and rides) without prior consent of the student’s parent and
advance notice to the Any question by staff as to the appropriateness of an
activity, relationship, or interaction with a student may be directed to the
school building principal or designee. All inquiries into the appropriateness of
an activity or relationship will be confidential to the fullest extent
appropriate. (All staff that suspect an inappropriate relationship exists between a
staff member and student are required to immediately notify, orally or in
writing, the school building principal or designee.) (Submission of a good
faith report of a suspected violation of this policy will not adversely
affect the reporting individual’s employment.
Submission of a purposely inaccurate report may result in disciplinary
actions.) All staff are required to sign the Rochester School District
Anti-fraternization Agreement Form, which will become a part of an
individual’s personnel file. Reporting
and Investigation Procedures Any
and all suspected violations of this policy must be immediately reported,
orally or in writing, by staff to their school building principal or
designee. The school building
principal or designee shall document all complaints in writing within
twenty-four (24) hours. The school
building principal or designee will immediately conduct an investigation and
create a written record thereof within at least ten (10) workdays, which will
be provided to the Superintendent or designee. If the alleged violation involves the
school building principal, then the report shall be made to Superintendent,
whom shall follow the procedural steps outlined in this section of the
policy. If the alleged violation involves the Superintendent, then the report
shall be made directly to the Chairperson of the School Board or designee,
whom shall also follow the procedural steps outlined in this section of the
policy. The investigation may
consist of personal interviews with the reporting individual, the alleged
offender(s), and others who may have knowledge of the alleged incident(s) or
circumstances giving rise to the suspected violation of this policy, and a
review of records when appropriate to determine the existence of previous
reports. The investigation may also
consist of any other methods and documents deemed pertinent by the
investigator. A written record will include the following: 1. the name of
the alleged offender(s); 2. the nature of
the allegation(s); 3. location and
frequency of the violation(s); 4. a detailed
factual description of the incident(s); 5. a list of all
known witnesses; 6. a summary of
the investigation, which will include interviews with the individual(s) reasonably
believed to have relevant information, including but not limited to, the
reporting individual, the alleged offender(s), and witnesses; 7.
a description of any disciplinary actions already
taken; and 8.
a recommendation for further
disciplinary action or review. In determining whether the alleged conduct or
relationship constitutes a violation of this policy, the District will
consider the surrounding circumstances, the nature of the behavior, past
incidents or past or continuing patterns of behavior, and the context in
which the alleged conduct occurred.
Whether a particular action or incident constitutes a violation of
this policy requires a determination based on all the facts and surrounding
circumstances. In addition, the
District may take immediate steps, at its discretion, to protect the staff
and student pending completion of an investigation of an alleged
inappropriate activity or relationship.
The District must sufficiently investigate all reports of
inappropriate activity or relationships that are brought to its attention in
order to determine the veracity of the report. The District will respect the privacy of
the reporting individual(s), the individual(s) against whom the report is
filed, and the witnesses as much as possible, consistent with the Any and all violations of this policy determined by
the principal or designee may result in disciplinary action taken against the
offending staff member. If the
violation of this policy warrants a criminal investigation, the Rochester
Police Department or appropriate legal authorities will be immediately
contacted. Disciplinary Action
Any violation of this
Anti-fraternization Policy and/or other 1. Written warnings or a letter or
reprimand in the personnel file; 2. Other remedies, such as suspensions and terminations
as covered under 3. Referral to the appropriate legal authorities for
possible criminal prosecution; and 4. Civil liability. The Staff members are expected
to use good judgment in their relationships with students both inside and
outside of the school context including, but not limited to, the following
guidelines: 1. Staff members shall not make derogatory comments to
students regarding the school and/or its staff. 2. Staff members shall not fraternize, written or
verbally, with students except on matters that pertain to school-related
issues. 3. Staff members shall not associate with students in
any situation or activity which could be considered sexually suggestive or
involve the use of alcohol or illegal drugs by students. 4. Dating between staff members and students is
prohibited. 5. Staff members shall maintain a reasonable standard
of care for the supervision, control and protection of students commensurate
with their assigned duties and responsibilities. 6. Staff members shall not send students on personal
errands. 7. Staff members shall, pursuant to law and Board policy,
immediately report any suspected signs of child abuse or neglect. 8. Staff members shall not attempt to counsel, assess,
diagnose or treat a student’s personal problem relating to sexual behavior,
substance abuse, mental or physical health and/or family relationships but,
instead, should refer the student to the appropriate individual or agency for
assistance. 9. Staff members shall not disclose information
concerning a student, other than directory information, to any person not
authorized to receive such information.
This includes, but is not limited to, information concerning
assessments, ability scores, grades, behavior, mental or physical health
and/or family background. Confidentiality
All reports of a suspected
inappropriate activity or relationship will be kept strictly confidential to
the fullest extent practicable. Only
those with “a need to know” shall have access to the report and investigation
documents. Every effort will be made
by the District to protect the anonymity of the reporting person, but it
cannot always be guaranteed. This
policy shall not abrogate other District policies and remain consistent with
appropriate collective bargaining agreements.
It is the intent of the District for all of its policies to be read
and interpreted in a consistent manner in order to provide the highest level
of protection and safety for staff and students in the provision of
educational services and opportunities.
ROCHESTER SCHOOL
DISTRICT ANTI-FRATERNIZATION
POLICY AGREEMENT FORM
1. I
acknowledge that I have received, read, and fully understand the 2. It is clear to me that the spirit and intent of this policy is to foster a positive learning and working environment for all students and staff in order to promote educational excellence. 3. I agree to immediately report any violations of this policy to the Principal of the school where the violation occurred, or where I am based, or the appropriate District employee designated thereby. 4. I am hereby put on notice and fully understand that my violation of this policy may result in disciplinary action, civil liability or criminal prosecution by the appropriate legal authorities. 5. I certify that the information contained in this form is true and accurate. Staff
Signature:_______________________________ Date:________________________ Staff
Name:__________________________________ Date:________________________ (please print) Home Address:_______________________________________________________________ Home Phone
Number:_____________________ Adopted: November 8, 2007 Amended: October 8, 2009
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