The following administrative rules apply to Human Resources.

This section contains rules and expectations that apply to all employees of the Eugene School District 4J (District). By reading this section, employees will better understand what is expected of them, as well as what they can expect from their employer, Eugene School District 4J. Each District employee is responsible for familiarizing her/himself with this section and complying with the rules it contains, as well as referenced Board policies and other administrative rules. Additionally, each employee is responsible for knowing Board policies and administrative rules that apply to his or her department or job.If any provision of this section conflicts with any District bargaining agreement which applies to you, the bargaining contract takes precedence.

It is the policy of the District (District Board policy, GBA) to treat all applicants and employees fairly and impartially without regard to race, religion, creed, color, national origin, sex, age, disability, marital or family status, sexual orientation, gender identity, source of income, or any other basis prohibited by local, state, or federal law, except where there are bona fide occupational requirements. The District is committed to extending equal employment opportunity to all persons in all aspects of employment including recruitment, hiring, promotion, layoff, termination, demotion, transfer, training, pay, benefits, use of facilities, and all other terms, conditions, and privileges of employment.

The District is required by law to collect demographic information from applicants and employees for use in federal reporting and affirmative action (AA) tracking purposes. Collection of this information is not voluntary, all employees and students are required to comply with the new Federal Guidelines.

The District is committed to fair and impartial treatment of all employees, applicants, contractors, volunteers, and agents of the District, and to provide a work environment free from discrimination and harassment, where people treat one another with respect. It is the responsibility of all employees to maintain a work environment free from any form of discrimination or harassment based on race, creed, sex, sexual orientation, gender identity, color, national origin, age, religion, disability, marital status, familial status, source of income, or any other legally protected status. The District prohibits unlawful harassment and/or discrimination. Accordingly, derogatory racial, ethnic, religious, age, gender, sexual orientation, sexual, or other inappropriate remarks, slurs, or jokes will not be tolerated.

1. Any employee who engages in discriminatory or harassing conduct is subject to discipline up to and including termination.
2. Supervisors and managers have responsibility to:

1. Model appropriate behavior;
2. Solicit feedback and provide direction and coaching to employees on appropriate behavior;
3. Monitor the work place and stop any discrimination and harassment; and,
4. Listen to and document complaints of discrimination or harassment and work directly with Human Resources staff to investigate and take corrective action where appropriate.

1. Discrimination different treatment of employees or applicants because of their race, sex, sexual orientation, gender identity, color, national origin, age, religion, disability, marital status, familial status, source of income, or any other legally protected status with respect to hiring, promotion, demotion, transfer, recruitment, termination, compensation, or any other term or condition of employment.
2. Harassment a form of unlawful discrimination defined as any unwelcome verbal, physical or visual conduct based on race, sex, sexual orientation, gender identity, color, national origin, age, religion, disability, marital status, familial status, source of income, or any other legally protected status, when that conduct is made explicitly or implicitly a term or condition of employment, is used as a basis for employment decisions, or has the purpose or effect of unreasonably interfering with performance or of creating an intimidating, offensive or hostile work environment. Each employee must exercise his or her own good judgment to avoid engaging in conduct that may be perceived by others as harassment.
3. Sexual harassment – unlawful discrimination based on gender. Unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature constitute sexual harassment when the conduct is directed toward a person because of his/her gender, and when submission to such conduct is made explicitly or implicitly a term or condition of employment; submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting that individual; or, when the conduct has the purpose or effect of unreasonably interfering with work performance or creating an intimidating, hostile or offensive work environment.

Whether particular conduct constitutes sexual harassment is viewed from the perspective of a reasonable person in the circumstances of the person alleging harassment. The fact that the alleged harasser did not intend to offend does not mean that his/her actions cannot constitute illegal harassment.

Harassment, discrimination and retaliation against district staff and students are strictly prohibited by school board policy. Employees who believe this policy has been violated must report it promptly to their building administrator, the Director of Human Resources or designee (541-790-7660), or the Superintendent’s office (541-790-7707), Eugene School District Education Center, 200 N. Monroe Street, Eugene, Oregon 97402.

Any intimidation, coercion, discrimination or retaliation against an individual who files a complaint or who testifies, assists, or participates in any manner in an investigation will not be tolerated. Employees should report retaliation immediately, using any of the avenues for making a complaint described above. Complaints will be investigated according to the District’s investigation procedure. Corrective action, including discipline or termination, will be taken where appropriate.

The following administrative rules apply to Americans with Disablities Act (ADA).

1. It is the policy of the District to comply with the provisions of the Americans with Disabilities Act (ADA) and applicable state and local laws that forbid discrimination in employment against qualified individuals with disabilities. (As defined in the ADA, a qualified person with a disability is an individual with a disability who can perform the essential functions of the job the individual holds or desires to hold, with or without reasonable accommodation.) The District will ensure that qualified individuals with disabilities are treated in a non discriminatory manner in the pre employment process and in all terms, conditions, and privileges of employment. The District will give applicants and employees with disabilities reasonable accommodations, except where making an accommodation would create an undue hardship for the District. Every District employee holds the responsibility of creating an environment free from discrimination or harassment, including discrimination or harassment due to a disability.
2. The District is also committed to complying with the requirements of Section 504 of the Rehabilitation Act of 1973, which also prohibits discrimination against an otherwise qualified individual due to his/her disability. The Human Resources Director is designated as the coordinator of the District’s efforts to comply with the employment related portions of this law, as well as the ADA.
3. The Human Resources Department will provide notice to all applicants and employees of the procedures for requesting accommodation; work with applicants who request accommodation during selection processes; work directly with hiring supervisors to ensure compliance to the ADA; work with supervisors to ensure that they are trained on the ADA; and, work with supervisors when accommodation needs are requested by employees. Applicants or employees of the District who feel they have a disability that requires accommodation should follow the procedures maintained by and available through the Human Resources Department.

Employees who have suffered a non-work related injury or illness and cannot carry out the full range of their regular job duties due to medical limitations may be accommodated within their school or department if productive work is available that is consistent with the employee’s physical abilities. Employees must provide their supervisor with documentation from their treating physician regarding the abilities of the employee and the specific limitations placed on them, prior to the District evaluating potential modified duty assignments.

Employees who have complaints of violations of the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973 may use the complaint procedures maintained by and available through Human Resources for complaints of discrimination and harassment. Complaints may also be filed with the Oregon Bureau of Labor and Industries or the federal Equal Employment Opportunity Commission.

Oregon Administrative Rules (OAR 584-020) outlines standards for the competent and ethical performance of Oregon educators. These standards apply to licensed staff of the District; all licensed employees must familiarize themselves with them. In support of the State standards, and in addition to them, all District employees and volunteers are expected to comply with the following standards in the performance of their duties and responsibilities for the District. As an integral part of a team dedicated to delivering high quality education for students and service to the public, each District employee shall accept certain responsibilities, adhere to accepted principles, and foster the highest standards for personal integrity and honesty in carrying out his/her duties, recognizing that the interest of students and the public must always be the primary concern.

1. Employees are expected to do their work and conduct themselves competently and professionally at all times when at work or representing the District. Employees must accept responsibility for their own conduct, and show personal and professional integrity at all times. Employees are also expected to conduct themselves off work in a lawful manner, and in a manner that does not bring reproach to the District, or impair their ability to perform as District employees.
2. The District encourages parents and community members of the District to volunteer their time, services and financial support to District schools and programs. Employees should take the time to recognize contributions to the District. Employees may not, however, grant special favors, exceptions, or fail to take appropriate action with a parent or community member because of his or her contributions. District employees are expected to be fair and judicious in the execution of their duties.

The District is committed to workforce diversity and having a positive and professional workplace for all who work here. The District will take all necessary steps to ensure that the work environment remains productive for everyone. It is the responsibility of all employees and agents of the District to treat each other with courtesy, consideration, and respect. The District does not tolerate: (1) any forms of harassment, or offensive or discourteous behavior; (2) demeaning statements, threats, or intimidation; (3) unprofessional and discourteous actions; or (4) any behavior that creates or fosters an unwelcome or abusive work environment.

Employees who feel they have been subjected to disrespectful communication or treatment by other District employees, volunteers, or the public should report it to their supervisor or their administrator.

The expectations for public employees differ from employees in the private sector because of the nature of the work public employees perform, the political structure in which they work, laws and regulations governing public employees, and the funding sources which support the organization. Many of the expectations outlined below are derived from State ethics laws and guidelines. (ORS 244)

It is critical that every employee of the District conducts the work of the District in a highly ethical manner. Serving the interest of students and the public interest should always be the primary determining factor in resolving ethical issues at work.

Occasionally offers of gifts, discounts, or other financial benefits are made available to District staff. These offers may come from a member of the public or a business. An important part of the relationship that the District organization has with the public is based on both the reality and perception of fairness and honesty.Acceptance of a cash gift by any individual employee is strictly prohibited. Generally, state law prohibits public employees from using their positions to obtain financial benefits or avoid financial detriment. This would include most gifts (other than those with a cash value of less than $50), donations, discounts or other financial benefits. Employees should check with a supervisor prior to accepting gifts over $50, donations, discounts, or other financial benefits to ensure that it meets the policy guidelines of the District.

District employees are entrusted with the resources of the community including the management of public funds. Many employees’ jobs require them to handle cash, mange funds, and make purchases. Employees have a fiduciary responsibility to the public and are expected to conduct all management of public funds with the utmost accuracy, accountability, and honesty.
For those employees whose jobs require placing orders for goods or services or otherwise making a commitment to purchase in the name of the District such as with the use of a District credit card, the following responsibilities must be met.

1. Propriety – The purchase must be a proper one, and the goods and services must be necessary to conduct activities of the department or divisions in fulfillment of its programs. No portion of the goods or services, when provided, shall be used for personal gain or use.
2. Compliance – The purchase must comply with District Public Contracting Regulations, District policy, and Oregon Revised Statutes, including Oregon Ethics laws, as well as standard purchasing practices.
3. Fair Price – A definite price or basis for charges that is fair and reasonable must be established at the time of purchase, and a proper expenditure method must be secured and approved prior to making the purchase.

1. The District and individual employees must be careful to avoid the appearance or perception that they are using public funding inappropriately to benefit individuals and organizations associative with charitable and non-profit companies.
2. The District participates in the Combined Charitable Contributions Campaign which is an organized annual fund raising effort approved by the Superintendent that benefits many groups. United Way manages this multi-agency effort. Employees participating in the United Way Day of Caring must use vacation or other personal leave for the time away from work.
3. Any other fund raising activities that involve the use of District resources (computers, phones, faxes, etc.) or are done during work time must be approved by a director and must meet all criteria outlined in the District’s administrative policies.

As a public entity, the District is committed to keeping community members informed about issues of public interest All records produced and maintained by the District will be open to the public, unless exempt from disclosure under state or federal law.

1. E-mail messages, voice mail messages, faxes, interdepartmental mail, computer files and information printed from District computers are all considered property of the District, and may be subject to disclosure under Oregon’s Public Records Law.
2. All employees have an obligation to maintain appropriate confidentiality in the management of public records and to understand the appropriate dissemination of those records.
3. Employees do not have the authority to copy, remove, or distribute public records unless it serves a specific business purpose of the organization. Only the custodian of a specific public record has the authority to disclose or disseminate that record. (ORS 192.410 to 192.505)

 

The following administrative rule concerning e-mail use is intended to promote an ethical and professional work environment and to meet the requirements governing the use of District computer resources. District e-mail accounts are provided to current District staff for the purpose of conducting District business, and to students to enhance their educational experience. Staff e-mail accounts will be deactivated upon termination of employment; student e-mail accounts will be deactivated upon graduation or withdrawal.

All District e-mail users are responsible for understanding and observing the District Technology Appropriate Use Guidelines, and all other applicable policies, regulations and laws in connection with their use of District computer technology resources. The District Technology Appropriate Use Guidelines are available on the District’s website at www.4j.lane.edu/cis. These guidelines require that communications on District equipment be appropriate, professional, and courteous. These guidelines and state law also provide that an employee’s District e-mail account is not to be used as a substitute for an employee’s personal e-mail account. Using District-provided email for personal correspondence, except on an incidental basis, is prohibited. Conversely District business that is conducted by e-mail should use a District e-mail account and not a personal e-mail account. A personal e-mail account should not be forwarded to a District e-mail account and a District e-mail account should not be forwarded to a personal e-mail account.

All electronic mail records are considered District records subject to potential disclosure under the Public Records Act. Employees and students should have no expectation of privacy in their electronic communications.

All staff and student e-mails sent and received through the District e-mail system are the property of the school system and will be retained (archived) for a minimum of three (3) years. An investigation team will be established when necessary to review archived records. In the case of a litigation hold (a directive not to destroy electronic mail that might be relevant to a pending or imminent legal proceeding), normal retention procedures will be suspended for all related records.

Oregon Revised Statues (ORS 419B.010) requires any school employee having reasonable cause to believe that any child with whom he or she comes in contact has suffered abuse or that any person with whom he or she comes in contact has abused a child to immediately report it by telephone or otherwise to the local office of the Department of Human Services or to a law enforcement agency within the county where the person making the report is located at the time of the contact. The report shall contain, if known, the names and addresses of the child and the parents of the child or other persons responsible for care of the child, the child’s age, the nature and extent of the abuse, including any evidence of previous abuse, the explanation given for the abuse and any other information that the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator.Abuse is defined in the statute as:

1. Any assault of a child and any physical injury to a child which has been caused by other than accidental means, including any injury which appears to be at variance with the explanation given of the injury;
2. Any mental injury to a child, which shall include only observable and substantial impairment of the child’s mental or psychological ability to function caused by cruelty to the child, with due regard to the culture of the child;
3. Rape of a child, sexual abuse, or sexual exploitation;
4. Negligent treatment or maltreatment of a child, including but not limited to the failure to provide adequate food, clothing, shelter or medical care that is likely to endanger the health or welfare of the child;
5. Threatened harm to a child, which means subjecting a child to a substantial risk of harm to the child’s health or welfare;
6. Buying or selling a person under 18 years of age;
7. Permitting a person under 18 years of age to enter or remain in or upon premises where methamphetamines are being manufactured; and,
8. Unlawful exposure to a controlled substance that subjects a child to a substantial risk of harm to the child’s health or safety.

A new law, effective July 1, 2010, requires reporting and other procedures when a staff member is suspected of directed sexual conduct toward a student. Please inform your staff about the requirements below:

1. Sexual Conduct by School employees towards students is prohibited.
The District strictly prohibits child abuse and sexual conduct by school employees. “Child Abuse” is defined in District Administrative Rule G2400 and discussed above.

 

“Sexual conduct” means any verbal or physical conduct by a school employee that:

1. Is sexual in nature;

2. Is directed toward a student;

3. Has the effect of unreasonably interfering with a student’s educational performance; and

4. Creates an intimidating, hostile or offensive educational environment.

 

Sexual conduct does not include behavior that would be child abuse as outlined in District Administrative Rule G2400 – Reporting Child Abuse.

 

All employees are subject to this administrative rule.

 

2. Employees need to follow certain reporting procedures in cases of Suspected Child Abuse or Sexual Conduct by School Employee: Any employee who suspects that another employee, contractor or volunteer has engaged in child abuse or sexual conduct must immediately report it to his/her supervisor and the Director of Human Resources or designee who may be reached at 541‑790‑7660. This reporting obligation is in addition to the duty of every school employee to report suspected child abuse to a local law enforcement agency or the local office of the Department of Human Services.

No reprisal or adverse action will be taken as a result of an employee who initiates a good faith report about suspected child abuse or sexual conduct by a school employee.

3. Administrative Leave and Investigation: In all cases of suspected child abuse or sexual conduct by a school employee there will be an investigation conducted, and in some cases, the district will place an employee on paid administrative leave pending the investigation.

4. Required Training: By law, district employees must receive training each year on the prevention and identification of child abuse and sexual conduct and on employees’ obligations to report. Additional information on the mandatory training will be provided by Human Resource later in the year.

5. Required Posting: The law requires each school building to post the name and contact information of the persons designated for the school building to receive reports of suspected child abuse by school employees and the procedures the person will follow upon receipt of a report. In addition to this notice, please post District Administrative Rule G2400.01 in a conspicuous place.

It is a common practice for attorneys to issue subpoenas to school personnel in cases relating to child custody and other family matters. Employees should not volunteer to testify on behalf of either party but are required to become witnesses if they receive subpoenas. When an employee receives a subpoena and has specific questions, he or she may direct specific questions to her/his supervisor.Oregon Revised Statutes extend the privilege of confidential information to employees under certain situations. ORS 40.245 extends the privilege of confidential communication to all licensed staff members of an elementary or secondary school. ORS 40.245 extends the privilege of confidential communication to school counselors. ORS 418.755 (1) states that in the case of abuse of a child, as defined in ORS 418.740, the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to registered clinical social workers and the husband-wife privilege created by ORS 40.230 to 40.255 shall not be a ground for excluding evidence regarding a child’s abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 418.750.

It is the policy of the District to provide a safe and healthy place for students and employees (Board policy EB/EBC). The District is committed to complying with all federal, state, and local regulations pertaining to the health and safety of students and employees.Each employee is expected to obey safety rules, to exercise caution in all work activities, and to provide guidance to students regarding safety and accident prevention. Employees must immediately report unsafe conditions to the appropriate supervisor or administrator. Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate remedy such situations, may be subject to discipline, up to and including dismissal. See Administrative Rule E1000 – E1999 for further information regarding the District’s safety rules and procedures, including the responsibilities of employees of the District.

The District is committed to maintaining a safe work environment free of all forms of violence for all District employees, agents of the District, and our customers. Any act of violence or intimidation, including verbal or physical threats, is strictly prohibited at all times.Workplace violence is defined as any act of physical, verbal or written aggression by an individual in or related to the work place. This includes, but is not limited to, verbal threats or intimidation and physical intimidation, assault or battery by an employee, former employee or any visitor to a District workplace. Workplace violence may also include destruction or abuse of property.

It is the responsibility of all employees and agents of the District to create and maintain a work environment free of workplace violence.

Employees and other agents of the District, who experience any form of violence in the workplace, including physical or verbal threats, are expected to report the incident immediately to a supervisor, administrator, or Human Resources. In addition, any employee having knowledge of a violent act committed in the workplace must also report it.

District Board policy KGB prohibits anyone, including employees, from possessing, handling, or transmitting any object that is reasonably considered a weapon on school District property or at a school-sponsored activity, function, or event, that occurs off of school property,(including those with a concealed weapons permit), except for law enforcement officers or those authorized by the superintendent. Additionally, employees working in schools or at school activities must follow the standards set for the students of that school, which may be more restrictive than the definition of weapons in Board policy.

The District recognizes that the use of drugs and alcohol, whether on or off the job, which adversely affects job performance, may constitute a serious threat to the health and safety of students, the public, and employees and impact effective instruction and the efficient delivery of District services. (See Board Policy GBCBA) The primary goal of this policy is to achieve a work place free of the impairments of drugs and alcohol, and to be in compliance with OR-OSHA regulation 437-001-0760(4), which prohibits anyone whose ability to work safely has been impaired by alcohol, drugs, or medication from working in that condition.In any instance where an employee’s impaired job performance or conduct provides reasonable suspicion of drug or alcohol use, the District may require appropriate testing. Testing procedures and the validity of the results will be measured by the prevailing practice in the medical field. In all situations where testing is called for, due consideration will be given to the legal rights and privacy of the tested employees.

Employees who are concerned about their use of alcohol or drugs are urged to seek confidential assistance from the Employee Assistance Program (EAP). Employees may also contact the Human Resources Department for assistance and can be assured that the contact will remain confidential to the extent legally possible. For employees who seek assistance in advance of detection, the District will provide reasonable accommodation as necessary and practical to allow treatment to take place.

The legal use of prescribed drugs or over-the-counter medications is permitted on the job, unless the use of the drug(s) may limit or impair the employee’s ability to perform employment related duties safely and efficiently. It is the employee’s responsibility to ascertain whether the use of a medication will limit or impair them.

For purposes of this document, the following definitions apply:

1. Alcohol – The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
2. Drugs – Any intoxicants or controlled substances as defined by the criminal code of the State of Oregon, or substances lawfully prescribed for the employee’s use and over-the-counter medications, which could have an adverse impact on their ability to perform their job duties in a safe manner. The definition of drugs excludes alcohol.
3. Drug or Alcohol Test – The compulsory submission of urine, breath, or blood by an employee in accordance with established collection and testing procedures to detect drug and/or alcohol use.
4. Reasonable Suspicion – Specific observations concerning the appearance, conduct, speech, odor on the breath or body odors of an employee that would cause one to suspect that the employee is under the influence of alcohol or drugs.
5. Under the Influence of Alcohol – An individual is considered to be “under the influence of alcohol” when the individual’s blood alcohol content exceeds .02%.
6. Under the Influence of Drugs – An individual is considered to be “under the influence of drugs” when a detectable amount of a drug is found in the individual’s body that may impair the individual’s ability to safely and efficiently perform job duties and responsibilities.
7. Work place: Any location where an employee is performing District job duties or is representing the District in an official capacity whether or not the employee is compensated. The exclusion of alcohol from the work place does not pertain to those sites at which, in the judgment of the Superintendent, the use of alcohol cannot be avoided, such as during business meetings with members of foreign delegations where refusal of a traditional “toast” would show disrespect for the customs or culture of the delegate.

This section does not attempt to address all possible issues that may arise around the use of alcohol and drugs. Each individual employee and each supervisor is responsible for using his or her best judgment and acting in a reasonable and responsible manner when faced with a situation that is not explicitly covered in the policy, such as situations that may arise outside the usual work place or when an employee may be called back to work outside of their regularly scheduled hours.Violations may result in discipline up to and including discharge.

The following conduct is prohibited in the work place, on school premises, while working, and at a District activity:

1. The unlawful buying, selling, transportation, possession, providing or use of drugs;
2. The use of alcohol;
3. Being under the influence of alcohol;
4. Being under the influence of drugs;
5. Having a detectable odor of alcohol on the breath;
6. Operating a District owned or leased vehicle or one rented with District funds at any time proximate to consuming intoxicants or a private vehicle if using the vehicle in the course of conducting District business or when going to, or coming from, District business, either in town or while attending training or other business out of town;
7. Failure to report limitations or impairment caused by prescribed medications or over-the-counter drugs.

An employee who has tested positive for drugs or alcohol as defined by this policy may be referred to the Employee Assistance Program or drug and/or alcohol counseling. An employee’s participation in the Employee Assistance Program or in drug or alcohol counseling will be considered in determining what, if any, disciplinary action may be taken.If an employee is not terminated for violations of this policy, the employee who has tested positive for drugs or alcohol will be required to sign a performance agreement. Provisions for unannounced testing for a specified period following the positive test may be included in the agreement. If the employee violates the terms of the agreement or again tests positive during such a period, he or she may be subject to immediate dismissal.

Any activity which purposely interferes with the District’s policy on the use of drugs and alcohol will be grounds for disciplinary action which may include discharge. Examples include, but are not limited to, the following: tainting, tampering, or substitution of blood or urine samples; falsifying information regarding the use of prescribed medications or controlled substances; failure to cooperate with any tests outlined in this policy to determine the presence of drugs or alcohol; or failure to consent to or cooperate with any administrative search.

Any employee who has tested positive shall be given access to all written documentation available from the testing laboratory, which verifies the accuracy of the testing equipment used in the testing process, the chain of custody of the specimen, and the accuracy rate of the laboratory. The employee will be provided with a copy of the results. All documentation on the testing will be sealed and maintained in a secured file in Human Resources. All test results will be kept confidential by the District.

As stated in Board Policy GBK, no staff member is permitted to smoke, inhale, dip, or chew or sell tobacco at any time, including non-work hours, in any District building, facility, or vehicle owned, leased, rented, or chartered by the District or on school grounds, athletic grounds, or parking lots or other property used by the District, or when he or she engaged in any District-related responsibilities.

The District reserves the right to search or inspect District equipment or facilities such as desks, files, lockers, or offices, from time to time for work-related or administrative purposes. The District also reserves the right to access District computers and any files or materials contained on them for work-related or administrative purposes, including monitoring of appropriate use.Additionally, an employee’s assigned District property (e.g. desk, locker, and vehicle); personal property (e.g. handbag, brief case, and backpack) and clothing may be subject to search with reasonable suspicion. All searches of this nature will be documented and handled in a confidential manner.

The District also reserves the right to conduct searches related to any criminal investigation, as in the case of unlawful buying, selling, transporting, possessing or providing drugs.

1. District employees who have other employment while working for the District, including on-going self employment, must ensure that the other employment meets the following criteria:
   1. Other employment must not detract from the efficiency of the employee in his/her District’s work;
   2. Other employment must not be a discredit to the District or interfere in any way with the District’s mission; and,
   3. Other employment must not create a conflict of interest, or the perception of a conflict, with the employee’s District job.
2. The District reserves the right to condition continued employment or the offer of employment on an employee’s ending other employment if, in the Superintendent’s judgment, the other employment violates one or more of the above criteria.
3. Contracting for District Work
   A District employee cannot be a contractor or sub-contractor with the District, unless an exception is granted by the District’s Chief Financial Officer or his/her designee.

The following administrative rules apply to Compensation.

Regular Employees are those who are employed to work for the District for a work year (nine and one-half, ten, eleven, or twelve months per year). Regular employees in licensed or administrative positions must work a minimum of twenty (20) hours per week. Regular full-time employees are those that work forty (40) hours per week. Regular part-time employees work less than forty (40) hours per week. The following are three types of regular employees:

1. Classified employees are those regular employees in positions represented by the Oregon School Employees’ Association (OSEA).
2. Licensed employees are those regular employees in positions represented by the Eugene Education Association (EEA).
3. Administrative employees are those regular employees in administrator, supervisory, or professional positions.

If approved by Human Resources and both supervisors, an employee may be employed in two part-time regular positions. The employee will be paid the appropriate rate for the hours worked in each position and will receive benefits based on total hours of both positions, based on the contract or agreement covering the position with the majority of the hours. Employees may work additional hours in another position on a temporary or casual basis if approved. The employee will be paid the appropriate rate for the hours worked in each position. However, the hours worked in the temporary or casual position will not affect the employee’s accrual or benefits. Unless an exception is approved by Human Resources, employees covered by the Fair Labor Standards Act may not be regularly scheduled to work more than forty (40) hours in a week.

The following administrative rules apply to Salary Administration.

To ensure that the District can hire and retain qualified employees, the District considers the compensation for similar jobs in comparable agencies in the appropriate recruiting market for the job and evaluates internal comparability for jobs with similar responsibilities and requirements. The pay grade for all represented classifications is established through the collective bargaining process. The pay grade for non-represented classifications is established by the superintendent. The superintendent’s salary is set by the Board.

1. Human Resources oversees or conducts general salary surveys for identified classifications on a periodic basis. The classifications to be surveyed and the appropriate jurisdictions for each classification are approved by the superintendent. If a classification falls within a range of five percent (5%) average above or below the market, it is considered to be within market.
2. Salary surveys for specific positions will be conducted only when a new classification is being established or specific conditions exist that indicate the compensation for a classification needs to be reviewed. The two primary causes for a market review of a classification outside a broader process are recruitment problems (having advertised the position more than once without successfully filing it) or turnover problems (a pattern of resignation for other employment).
3. The internal comparability of administrative and classified positions is evaluated by a committee using a point factoring system. Separate committees are used for each group. Internal comparability is evaluated when there is insufficient market information to establish pay for a position. The committees also review existing classifications when there are significant and ongoing changes of duties or responsibilities.

The District salary schedule for regular employees consists of salary ranges (pay grades) for each classification with steps within each range. Step increases, the movement to the next step on the salary range, are effective on July 1 each year if an employee has been employed for a specified period of time. Eligibility periods for increases are defined in each bargaining contract. These increases are not automatic and depend on an employee’s satisfactory performance of their job duties.

A promotion occurs any time an employee moves to a classification at a higher pay grade through a selection process, appointment, or a reclassification. Employees who are promoted receive an increase approximately equal to a one-step increase over their current step. The employee cannot be lower than the first step or above the top step of the new pay grade.

A transfer is the movement of an employee from one position to another position within the same classification or to another classification with the same pay grade.

A demotion is the movement, either voluntary or involuntary, of an employee to a classification with a lower pay grade.When an employee is reclassified to a lower pay grade, has a reduction in pay grade due to market data, or accepts a voluntary demotion to avoid being laid off, her/his salary will be frozen or “red-lined” until his/her salary is at or below the top step for the new range, or for the period of time of time specified in the contract or agreement. Benefits are not red-lined. If the employee moves to a position with a shorter work year, additional duties may be assigned that allow the employee to work additional days.

The District will implement the following rules regarding Hours and Overtime.

The following rules apply to all employees covered by state and federal wage and hour laws. Only those employees expressly exempt from the law are not covered. Employees performing duties that meet the definitions as “administrative”, “executive”, “professional”, or “computer professional” are exempt employees.

The work week is a fixed and regularly recurring period of seven (7) consecutive twenty-four hour periods. The work week for most District employees is from 12:01 a.m. Monday to midnight Sunday. For all FLSA-covered employees, the work week established will be the designated work period used for determining overtime requirements.

According to state and federal wage and hour laws, work performed by covered employees in excess of 40 hours per work week constitutes overtime. Covered employees must be compensated for all time worked over 40 hours in a work week at one and a half (1.5 times) their regular rate of pay.In lieu of overtime, employees covered by a bargaining agreement may elect to receive compensatory (comp) time off at the rate of one and a half to one for all hours of overtime worked. A maximum accrual for comp time is specified in bargaining agreements. In accordance with federal regulations, employees must be permitted to use comp time within a reasonable period after requesting the time off, unless the employee’s absence would unduly disrupt the operations of the District. Also, comp time may be cashed out at any time and must be paid at the employee’s regular rate at the time.

A rest break of at least ten (10) minutes must be provided during each half shift (four hours on an 8-hour shift or five hours on a 10 hour shift), approximately mid way in the period.Employees are provided at least a thirty (30) minutes meal period for any shift six (6) hours or more in length. This time is unpaid as long as an employee is relieved of all duties.

Neither breaks nor meal periods may be taken at the beginning or end of the work period.

1. An employee needing to express milk for her child 18 months of age or younger will be provided a 30 minute unpaid rest period during each four hour work period, to be taken by the employee approximately in the middle of the work period. The employee shall, if feasible, take the rest periods to express milk at the same time as the rest periods or meal periods that are otherwise provided to the employee. To the extent that the break period needed to express milk exceeds the employee’s paid rest period, it is unpaid, although the supervisor may allow the employee to work before or after her normal shift to make up the amount of time used during the unpaid rest periods.
2. Unpaid rest periods used by the employee to express milk will be considered paid work time for the purpose of determining an employee’s contribution toward their health insurance premium.
3. The District is not required to provide rest periods to express milk if doing so would impose an undue hardship on District operations.
4. The employee should provide the supervisor of notice that employee intends to take rest periods to express milk.
5. Work units are required to make reasonable efforts to provide a location other than a public restroom or toilet stall close to the employee’s work area for the employee to express milk.

Part of the total compensation package for all regular employees includes insurance and leave benefits.

The District will implement the following rules regarding Employee Insurance.

1. The District provides health insurance which includes medical, dental, and vision coverage for regular employees and their eligible dependents to cover non occupational injuries and illnesses. Employees may enroll their domestic partners and the domestic partner’s eligible dependents.
2. Payment of a portion of the health insurance premium may be required depending on the employee group, the employee status as part-time or full-time, the medical plan selected, and/or the number of dependents covered.
3. In order to be covered by district health insurance plans, eligible employees must submit a plan election no later than 31 days after their first day of work in a benefits-eligible position.
4. The District will provide information to employees on district health insurance options and other insurance benefits.

Employees retiring under Public Employees Retirement System (PERS) or Oregon Public Service Retirement Plan (OPSRP) immediately upon termination of employment from the District can continue health insurance coverage through the District’s plans on a self pay basis, as provided by state law, provided that they elect to continue coverage within 60 days after termination. Retirees have the choice of COBRA or Retiree Continuation Coverage, but not both. This insurance is only available as long as the former employee and their dependents meet the eligibility requirements of the plan in which they enroll.

Currently, the District provides the following benefits at no out-of-pocket cost to every benefits-eligible employee:

1. Basic Life/Accidental Death and Dismemberment Insurance – pays benefits to the named beneficiary in the case of the employee’s death, or to the employee in the case of the employee’s dismemberment. Benefit amounts and maximums vary by employee classification.
2. Long-Term Disability Insurance – pays benefits to the employee in the case of the employee’s loss or reduction of income as a result of disability.
3. Flexible Spending Accounts – a voluntary program which reduces income tax liability for employees who elect to set aside funds for eligible health care related and/or dependent care expenses. Employees must actively enroll each plan year in order to participate. There is no “cost for participation” to the employee.
4. Access to the 4J Wellness Clinic – a medical facility dedicated to providing basic health care services solely to 4J benefits-eligible employees and their benefits-eligible dependents. There is no cost to the patient at the point of service.
5. Access to the Employee Assistance Program (EAP) – access to no-cost mental health, financial and/or legal counseling services and/or substance abuse treatment. The EAP provides confidential personal, family, and other counseling services, up to four (4) visits per issue per year. EAP services include assessment, short term counseling and referral.
   1. Coding Time
      1. When a supervisor refers an employee to the EAP for job related issues, the EAP appointments may be coded to regular work time.
      2. In other situations, if the employee is unable to schedule an EAP appointment outside of regular shift hours, sick leave may be used for the appointment.
6. Supplemental Life Insurance – the District may make available (depending on the employee group) supplemental life insurance at the employee’s cost which may pay benefits (depending on type of plan elected) to the designated beneficiary in the case of the employee’s death, or to the employee in the case of the employee’s dismemberment, or death or dismemberment of the employee’s spouse, domestic partner, child or domestic partner’s child (specific eligibility requirements apply to each plan)

The District participates in the Oregon Public Employees Retirement System (PERS) and the Oregon Public Service Retirement Plan (OPSRP). Currently, both PERS and OPSRP requires two contributions for each eligible employee: a mandatory employer’s contribution, paid by the District, and an employee contribution equal to 6% of the employee’s salary. Currently, the District pays the employee’s contribution.

1. Employees hired prior to January 1, 1996 are eligible for membership in PERS Tier One. Employees hired on or after January 1, 1996, and before August 29, 2003 are eligible for membership in PERS Tier Two.
2. Employees hired on or after August 29, 2003 are eligible for membership in the Oregon Public Service Retirement Plan (OPSRP), unless membership was previously established in PERS. OPSRP has two components: the Pension Plan (defined benefit) and the Individual Account Program (or IAP, which is defined contribution). OPSRP is administered by the PERS Board.
3. The PERS Tier 1 and Tier 2 employee contributions also go into the Individual Account Program (IAP).
4. Consult the PERS website http://oregon.gov/PERS for more information on benefits calculations, retirement ages and other details of the PERS retirement plan.

The District participates in a tax sheltered annuity (TSA) program for regular employees. Regular employees may voluntarily defer a portion of their salary as an investment for retirement. Some employees are eligible for a District paid contribution or a matching contribution from the District as specified in the employee’s contract or agreement.Employees may elect to start, stop or change their TSA amounts at any time during the year. Changes are effective at the first of the month following the election, as required by IRS regulations.

Prior to termination of employment withdrawals are only possible by completing a TSA hardship withdrawal application, unless an employee qualifies for a voluntary small account withdraw. All withdrawals must meet IRS guidelines in order to be approved.

The Joint Benefits Committee (JBC), comprised of representatives from the District and the employee groups, is responsible for designing and managing the employee benefit programs as provided by the collective bargaining agreements and within the framework provided by the Oregon Educators Benefits Board (OEBB).

The District will implement the following rules regarding Employee Leaves.

Regular employees are eligible to accrue or receive a number of paid leave benefits, as outlined in general below. See specific unit contract or agreements for more information

Only employees with a twelve (12) month employment contract are eligible for paid vacation time.Employee wishes to request vacation should obtain supervisor approval prior to taking the time, in accordance with his/her department or building procedures. It is the employee’s responsibility to ensure he/she has sufficient unused earned vacation time for the time requested.

Regular employees will receive paid holidays observed by the District based on their work year and you contract or agreement provisions.

Regular employees are eligible for personal leave, bereavement, jury duty, court appearance, and federal and state mandated as described below.

Leave requests of thirty days or more must be submitted to the supervisor and then the Human Resources Department on forms provided for that purpose on the Human Resources web site.

Employees may submit a request for unpaid leave to their supervisor. Such leave shall not adversely affect the programs or services of the District. Requests for unpaid leaves of more than 5 days must be submitted to the supervisor and then the Human Resources Department on forms provided for that purpose on the HR web site. See specific unit contract or agreements for more information.

The District provides eligible employees with family, parental and medical leaves of absence consistent with the Oregon Family Leave Act (OFLA) and the Federal Family and Medical Leave Act of 1993 (FMLA). The employee is granted family, medical and parental leave under the law that provides the greatest benefit to the employee in his/her situation. The Human Resources Department administers and tracks OFLA and FMLA leaves. An outline of an employee’s rights and responsibilities under OFLA and FMLA is maintained by and available through Human Resources.

1. Annual Military Training Leave
   Employees who have worked for the District for six (6) months are entitled to a military leave of absence with pay not to exceed fifteen (15) days in any one training year for annual active duty for training as a member of the National Guard, National Guard Reserve or any reserve component of the U.S. Armed Forces, or of the U.S. Public Health Service. A training year means the federal fiscal year for any particular unit of the National Guard or a reserve component. Such leaves are granted without loss of other leave and without impairment of other rights or benefits, providing the employee receives bona fide orders to training duty for a temporary period and providing they return to their position immediately upon expiration of the period of ordered duty.
2. Leave While on Military Duty
   The following policies apply when employees are called up for military duty. Unless the employee dies, resigns, or is relieved or discharged from duty under other than honorable conditions, the employee will be considered on military leave for a maximum period of five years, as specified in ORS 408.240 and the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).While on military leave the District will not provide salary or benefits.
   1. Leave Without Pay While on Military Leave
      Leave without pay is allowed in accordance with ORS 408.240 and USERRA for employees who enter military service for extended periods of duty. District policy requires employees going on leave without pay to use all appropriate personal leave before leave without pay can begin. However, employees may request to receive a lump sum payout of eligible accrued leave or the ability to retain a portion of their accruals.
   2. Health Insurance While on Military Leave
      Employees on military leave without pay may elect to continue their health insurance coverage through the District on a self pay basis for up to 24 months under USERRA.

However, upon returning from military leave, employees will be credited their military leave time for the purposes of determining their vacation accrual rate or any other affected benefit. The sick leave balance the employee had at the time s/he began their military leave will be reinstated.

The employee must apply for re-employment within 90 calendar days after discharge from military duty. In the event that the employee is no longer able to perform the duties of the position, the District must provide other employment for which the employee is qualified with seniority, status and pay as near to the employee’s previous position as possible. If the employee was serving a probationary period at the time of taking military leave, the employee must serve the remainder of the probationary period.

When an employee who is a PERS/OPSRP member returns from active military service and exercises his/her reemployment rights, the District will make retroactive contributions to the member’s Individual Account Program (IAP) Account in the amount that would have been paid during the member’s period of military service, based on the employee’s salary at the time the leave began.

Temporary employees whose end date expires while on military leave do not have reinstatement rights.

Federal and state laws cover a number of types of leave for individuals providing public service outside their normal employment with the District. These include, but are not limited to, leave time associated with military service, search and rescue response, disaster response, specialized teams working on homeland security, and Peace Corps service.The District will comply with all federal and state laws pertaining to such leaves, upon request by an employee. An employee requesting a leave of this type should provide their supervisor with a memo stating the type, nature, and length of the leave. Some of the leave is mandatory and some is at the discretion of an employer. Supervisors should contact Human Resources for assistance in determining the extent of federal or state requirements on the District, prior to approving the leave request.

Eligible employees will be granted reasonable leave of absence if the employee or the employee’s minor child or dependent needs time to address domestic violence, sexual assault or stalking, unless the employee’s leave creates an undue hardship. To be eligible, an employee must have worked an average of more than 25 hours per week for a covered employer for at least 180 days immediately before the date the employee takes leave; and is a victim of domestic violence, sexual assault or stalking or is the parent or guardian of a minor child or dependent who is a victim of domestic violence, sexual assault or stalking, as described in the ORS.

1. An eligible employee shall be allowed to take reasonable leave from work for any of the following purposes caused by or related to domestic violence, sexual assault or stalking of the employee or the employee’s minor child or dependent:
   1. to seek legal or law enforcement assistance or remedies;
   2. to seek medical treatment for or to recover from injuries;
   3. to obtain counseling from a licensed mental health professional;
   4. to obtain services from a victim services provider; and,
   5. to relocate or take steps to secure an existing home.
2. An eligible employee is required to give reasonable advance notice, unless providing advance notice is not feasible.
3. The District may require certification of the victimization and that the leave is being taken for one of the covered reasons for leave. The employee is required to provide the certification within a reasonable time after receiving the employer’s request.
4. Crime Victim Leave is unpaid leave, however, an eligible employee is entitled to use any accrued vacation leave or any other paid leave that can be used in place of vacation leave.
5. Records and information kept by the employer, including the fact that the employee has requested or obtained CVL are confidential and may not be released without the express permission of the employee, unless otherwise required by law.
6. An employer may not deny Crime Victim Leave to an eligible employee and may not discharge, demote, suspend, discriminate or retaliate against an employee with regard to promotion, compensation or other terms and conditions of employment because the employee took CVL

The following administrative rules apply to Recruitment, Selection, and Assignment.

The Human Resources Department is responsible for the posting and recruiting of all licensed, classified, and administrative positions. In consultation with the hiring administrators or supervisors, Human Resources staff will develop advertising and recruitment plans for open positions, consistent with the District’s policies and goals, including the affirmative action policy and the District’s diversity goals. Unless an exception is granted, only vacant authorized, budgeted positions will be posted and filled.Unless specified otherwise in a collective bargaining agreement or approved by the superintendent, all regular positions will be posted for both external and internal applicants. All applications for employment must be submitted to Human Resources or through the District’s online application service, as directed in the job posting.

The administration of the hiring process is the joint responsibility of Human Resources and the hiring administrator or supervisor. Human Resources’ primary responsibility is to ensure that processes meet legal requirement and protect the integrity of the District’s employment policies. Human Resources’ staff are also responsible for screening all applications to ensure applicants have the appropriate license or certification and meet the minimum requirements specified in the job description.The hiring administrator or supervisor, in consultation with Human Resources, has the responsibility to conduct an appropriate and effective selection process and making a hiring recommendation. It is the hiring administrator’s or supervisor’s responsibility to be familiar with the District’s affirmative action plan and consider the goals outlined in the plan when filling positions. The selection process for positions may vary but will generally include a structured interview process. Other selection tools, such as written testing or skill demonstrations, may be used if they are job-related.

All hiring recommendations must be approved by the Superintendent. For all administrators and licensed employees, hiring recommendations must also be approved by the Board.

A thorough employment reference check should be completed for any finalist prior to being offered employment to ensure that individuals who join the District are well qualified and have a strong potential to be successful. The reference check should be completed by the hiring administrator or supervisor with the assistance of Human Resources.

After all recruitment procedures have been completed, finalists for positions which require heavy physical labor or exertion may be required to successfully pass a pre-employment physical, which may include a drug test. In compliance with the Americans With Disabilities Act, the District must send a conditional offer of employment letter to the finalist for this type of position, prior to the physical exam. Conditional letters of employment must be in writing and mailed to the finalist prior to the physical exam.

As specified in Board Policy GCDA, any individual offered employment shall be required to submit fingerprints and to undergo a state and nation-wide criminal records checks, except for individuals licensed by the state Teacher Standards and Practices Commission who have been required to complete this for their licensure. The cost of the fingerprinting and records check is the responsibility of the new employee.

Moving expenses may be paid (in part or full) for newly hired employees in higher level administrative positions. Exceptions for other employees may be made by the Superintendent. In all cases, agreement to pay moving expenses must be approved by the Assistant or Deputy Superintendent or the Superintendent.The District will only reimburse for actual moving expenses. The employee must provide back-up documentation or invoices for moving expenses.

If employees, whose moving expenses have been paid by the District, resign or are terminated within one year of appointment, they will be required to reimburse the District through a payroll deduction.

In compliance with the Immigration Reform Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired must also complete the form if they have not completed an I-9 with the District within the past three years, or if their previous I-9 is no longer retained or valid.If a new employee has alien or visa status, he/she may not work or be paid past the end date on a Visa unless eligibility for employment can be re-certified. It is the responsibility of the employee to obtain the extension. If the visa or work permit has not been extended, the employee needs to be terminated. Supervisors should contact Human Resources for assistance with employees who have a visa status.

All documentation from recruitment and selection processes must be maintained a minimum of three years. The documentation should include all information and materials related to a specific job posting, including materials for all applicants such as applications, testing materials, reference checks, interview materials, and screening information.

The contents of these files are confidential.

1. Employment Verification
   Written employment verification requests from lending institutions that require financial information must be referred to Payroll. All other employment verification requests should be referred to Human Resources.
2. Reference Checks on Employees
   Human Resources responds to all reference checks for both current and former employees. All written or telephone requests for references should be referred to Human Resources. Unless a written release is provided signed by the employee, only public information, including job title, salary range, and dates of employment, should be provided. Human Resources may refer reference checks to administrators or supervisors after receiving a written release. A written release provided directly to an administrator or supervisor should be forwarded to Human Resources for inclusion in the personnel file.

Probation is a period of time for newly hired or promoted employees to demonstrate their ability to achieve a satisfactory level of performance and for the employee to determine if the new position meets their expectations. Employees’ capabilities, work habits, and overall performance will be evaluated to determine their eligibility for regular status with the District or in a classification. Employees on probation are not entitled to the full set of rights and privileges applicable to regular employees. Probationary employees do not generally have the right to grieve terminations or removal from their position. All TSPC-licensed employees serve a three year probation period in accordance with Oregon Revised Statutes. Non-licensed administrators, supervisors, and professional employees serve a one year probationary period. Classified employees have a seven work months probationary period.

The District will implement the following rules regarding Transfer, Resignation and Reduction in Force.

Voluntary and involuntary transfers shall be made in accordance with the terms of the collective bargaining agreements.

Board Policy authorizes the superintendent to assign or reassign principals, assistant principals, and other district administrative employees below the rank of deputy and assistant superintendent. The superintendent will consider the training, experience, licensure, and other qualifications of the employees and the requirements of the position in making his/her decision.

The superintendent may designate any vacancy as being open to voluntary transfer and will define the process that will be used to consider requests for transfer.If an administrative employee volunteers to transfer to a position at a lower pay grade or with a different work year, his or her salary will be as follows:

1. Placed on the lowest step in the new position salary range that is equal to or above their current daily rate of pay, or
2. If the employee’s current salary is above the pay grade for the new assignment, his/her salary will be frozen, or red lined, at the current pay rate and he/she will not receive an increase until the pay rate of the newly assigned classification exceeds his or her rate at the effective date of the new classification assignment or 12 months after the effective date if sooner.
3. If the employee moves to a position with a shorter work year, additional duties may be assigned that allow the employee to work additional days.

The following provisions apply to the transfer and reassignment of administrative employees during a reorganization, downsizing of the administrative workforce, or an involuntary transfer.

1. Downsizing occurs when the number of administrative positions has been reduced and there are an insufficient number of administrative positions in the District for each administrative employee to be placed in an administrative position for which he or she is qualified.
2. An administrative reorganization occurs when the district reorganizes how it provides services or assigns administrative responsibility. It may or may not result from a budget reduction or other reduction in the number of administrative employees.
3. An involuntary transfer occurs when the superintendent implements a transfer because he or she believes that it is in the best interest of the District. When the superintendent implements an involuntary transfer he or she will review the proposed assignment with the administrative employee and give the employee the opportunity to state his or her interest in or concern about the new assignment.
4. The superintendent, after consultation with the administrative employee, will determine the placement of the employee.
5. In a downsizing or administrative reorganization, the program needs of the building and District will be the primary consideration in determining which position will be eliminated and which administrative employee will be transferred. The length of service in a position or at a site will not be a primary consideration in determining which administrative employee position will be eliminated or which administrative employee will be transferred.
6. If during a downsizing, administrative reorganization, or involuntary transfer an administrative employee is assigned to a position that is currently a lower salary, the employee’s salary will be frozen (red-lined).The employee will continue to be paid at his or her current salary but will not receive a salary increase until the pay rate of the newly assigned position exceeds his or her rate at the effective date of the new position assignment.
7. If the employee moves to a position with a shorter work year, additional duties may be assigned that allow the employee to work additional days.
8. This administrative rule does not apply when an administrative employee is moved to a lower paying position or his/her compensation is decreased due to his/her unsatisfactory performance or misconduct.

The District will implement the following rules regarding Resignation.

A contract or probationary teacher must submit a resignation in writing to the superintendent and to the Human Resources Department. For a contract or probationary teacher to be released from a contract during the school year, at least sixty (60) calendar days notice must be given prior to the effective date of the resignation. Immediate resignations may be granted under emergency conditions if a satisfactory replacement is available or if such release does not result in a hardship to the district. The written resignation should explain the circumstances which have caused the employee to wish to terminate employment.

A resignation by an employee must be made in writing to the Human Resources Department at least fifteen (15) calendar days prior to the date of the resignation. The length of prior notice may be waived under extenuating circumstances.

All regular employees, eligible for sick leave, are credited with their full annual sick leave benefits on the first month of their work year, those terminating before the end of their work year, who have used more days of sick leave than they have accrued shall reimburse the district for the excess days.

A reduction in force (RIF) may occur from declining enrollment, a school closure, an administrative reorganization, or the district’s inability to continue to fund its educational program or departments at the anticipated level.If it is necessary to reduce a full-time regular employee to less than full-time or to lay off a full or part-time regular employee due to reduction-in-force reasons, the process shall be followed that is outlined in Oregon Revised Statutes and, where applicable, the classified and licensed employee collective bargaining agreements. The administrative employee reduction in force process is outlined below. The reduction in force process should be communicated to all affected employees as soon as practical.

The District will implement the following rules regarding Reduction in Force for Regular Administrative Employees.

The reduction in FTE of a part-time administrative employee is not considered a RIF unless it reduced below 0.5 FTE.

1. The district’s action during a reduction-in-force will be implemented as follows:
   1. In a reduction-in-force, employees being laid off from administrative positions requiring a TSPC license have the rights outlined in the Fair Dismissal Law (ORS 342.934) and Board Policy CCCAA (Reassignment of Administrators).
   2. In a reduction-in-force, administrative employees being laid off from positions which do not require a TSPC license have the rights identified in Board Policy CCCAA (Reassignment of Administrators).
2. Procedures
   When the superintendent determines that one or more administrative employees will be laid off, affected administrative employees will be considered for other positions according to the following:
   1. Whether or not they have the appropriate license and/or endorsement for the position.
   2. Seniority, competence, merit, skill, and qualifications, as defined below:
      1. Seniority for each district administrative employee will be determined by the total number of years of continuous service the employee has provided in an administrative position in School District 4J.Service is deemed to commence on the first day services were rendered in the position.
         1. Part-time administrative employee service will be prorated into a full-time equivalency.
         2. A district-paid study leave or professional leave will be credited as service for seniority.
         3. Unpaid leaves granted under board policy will not be credited in seniority calculations but will not interrupt continuous service with the district.
      2. Competency means ability to administer based upon recent administrative experience or educational attainments, or both, in the administrative category under consideration; i.e., elementary school principal, middle school principal, junior high school principal, high school principal, assistant principal, and education center administrative position.
      3. Merit means measurement of the ability and effectiveness of one administrative employee against the ability and effectiveness of another administrative employee.

An administrative employee laid off from a district position which requires a TSPC license shall be considered for a licensed position in compliance with ORS 342.934(5), if qualified. However, an administrator who has never been employed as a contract teacher in the District shall not be eligible to displace a licensed employee.

1. A recall list of laid-off administrative employees in positions that require a TSPC license will be developed in order of administrative seniority for administrative employees with the same license. People on the recall list will be eligible for job openings which require a TSPC license for twenty-seven (27) months after being laid off. The superintendent will consider seniority, competence, merit, skill, and qualifications in determining which administrator to recall.
2. A recall list of laid-off administrative employees in positions that do not require a TSPC license will be developed in order of seniority. These administrative employees will be eligible for job openings for twelve (12) months after being laid off. The superintendent will consider seniority, competence, merit, skills, and qualifications in determining which employee to recall.
3. A rejection of a recall to a specific comparable position shall be a waiver of his/her recall rights.
4. Recall notices will be sent to the last known address by certified mail. Employees who do not respond within ten (10) calendar days shall waive his/her recall rights.
5. An administrative employee who is assigned to a lower paying position as a result of a RIF shall have recall rights to the former or comparable position for a period of twenty-seven (27) months from the date of reassignment.

An administrative employee who has been laid off is entitled to a pre-termination hearing before the superintendent or designee if a written request is filed with the director of Human Resources within seven (7) calendar days of the notice of the RIF.

A laid-off administrative employee may purchase group health insurance to extend insurance coverage as provided by law.

Policy Category:

G Personnel

Position Responsible:

Director of Human Resources

This Revision Edited by:

Christine Nesbit

Department:

Human Resources 790-7660