ISNA WICA OWAYAWA

2017-2018

PERSONNEL POLICIES AND PROCEDURES


ISNA WICA OWAYAWA

PERSONNEL POLICIES AND PROCEDURES

TABLE OF CONTENTS

                                                                                                   Page:

4.01 Personnel Goals and Objectives                                                                        5

4.02 Equal Employment Opportunity                                                                        6

4.03 Indian and Veteran Preference Policy                                                                6

4.04 Nepotism                                                                                                7

4.05 Staff Involvement in Decision Making                                                                7

4.06 Employment Positions                                                                                7

4.07 Position Vacancy Announcements                                                                8

4.08 Position Re-Advertisement                                                                        8

4.09 Employment Application Procedures                                                                9

4.10 Personnel Hiring                                                                                        9

4.11 Criminal History Background Check and Character Investigation                               11

4.12 Falsification or Omission of Application Information                                               13

4.13 Former Employer and Reference Checks                                                       13

4.14 Notification to Applicant of Employment Offer                                                       14

4.15 Notification to Applicants Not Selected for Employment                                       14

4.16 Temporary Appointments                                                                       14

4.17 Personnel Probation                                                                               14

4.18 Personnel Supervision                                                                               16

4.19 Definition of Employee                                                                               16

4.20 Pay Scale                                                                                               17

4.21 Tenure                                                                                               17

4.22 In-Service Training                                                                               17

4.23 Substitute Teacher Training Plan                                                               18

4.24 Employee Status                                                                                       18

4.25 Employee Continued Employment                                                               18

4.26 Employee Orientation                                                                               18

4.27 Employee Supervisor                                                                               19

4.28 Employee Supervisor Policy Administration                                                       19

4.29 Supervisor Role in Employee Grievances                                                       19

4.30 Supervisor Evaluation of Employee Performance                                               19

4.31 Personnel Evaluation                                                                               20

4.32 Employee Performance Evaluation Outcome Grievances                                       22

4.33 Employee Personnel File Maintenance and Access                                               23

4.34 Compensation Guides and Contracts                                                               24

4.35 Position Classification                                                                               27

4.36 Procedure for New Positions                                                                       27

4.37 Qualifications                                                                                       28

4.38 Position Reclassification                                                                               28

4.39 Health Examination                                                                               28

4.40 Immunizations and Training                                                                       29

4.41 Compensatory Time and Overtime                                                               29

4.42 Staff Meetings                                                                                       30

4.43 Consulting                                                                                       30

4.44 Leaves and Absences                                                                               31

4.45 Annual Leave                                                                                       32

4.46 Jury Leave                                                                                       32

4.47 Sick Leave                                                                                       32

4.48 Educational Leave                                                                               33

4.49 Maternity/Paternity Leave                                                                       33

4.50 Family Care Leave                                                                               33

4.51 Military Leave                                                                                       34

4.52 Bereavement Leave                                                                               34

4.53 Holidays                                                                                               34

4.54 Professional Publishing                                                                               35

4.55 Labor, Teacher or Employee Unions                                                               35

4.56 Political Activity                                                                                       35

4.57 News Releases                                                                                       36

4.58 Conflict of Interest                                                                               36

4.59 Public Appearances                                                                               36

4.60 Tutoring Pay                                                                                       36

4.61 Personnel Extra Duty                                                                               37

4.62 Gifts and Solicitation                                                                               37

4.63 Community Involvement                                                                       38

4.64 Employee Promotion                                                                               38

4.65 Employee Transfer                                                                               38

4.66 Reduction in Forces                                                                               39

4.67 Personnel Resignation                                                                               39

4.68 Re-Employment                                                                                       40

4.69 Personnel Time Schedule                                                                       40

4.70 Personnel Workload                                                                               41

4.71 Employee Discipline and Grievance Procedures                                               41

4.72 Grievance Committee                                                                               42

4.73 Appeal Committee                                                                               42

4.74 Personnel Discipline                                                                               43

4.75 Supervisor Responsibility for Administration of Employee Discipline                               43

4.76 Employee Code of Professional Ethics                                                               44

4.77 Authority for Employee Suspension and Dismissal                                               44

4.78 Employee Suspension and Dismissal Procedures                                               44

4.79 Employee Serious Misconduct                                                                       44

4.80 Disciplinary Action                                                                               45

4.81 Personnel Disciplinary Procedures                                                               46

4.82 Employee Assistance Program (EAP)                                                               47

4.83 Purpose of EAP                                                                                       47

4.84 Objectives of EAP                                                                               47

4.85 EAP Coordinating Committee                                                                       48

4.86 Intent of the EAP Policy                                                                               49

4.87 EAP Referral Procedure                                                                               49

4.88 Supervisor’s Responsibilities with EAP                                                               50

4.89 EAP Program Coordinator’s Responsibilities                                                       50

4.90 Sexual Harassment                                                                               51

4.91 Telephones                                                                                       52

4.92 Travel Policy                                                                                       53

4.93 Personal Appearance                                                                               53

4.94 Mandatory Reporting                                                                               54

4.95 Internet Use                                                                                       54

5.00 Gun Free School Act (GFSA)                                                                       55

PERSONNEL POLICIES AND PROCEDURES

4.01        PERSONNEL GOALS AND OBJECTIVES

The Isna Wica Owayawa/Loneman School (K-8) manifests consideration of the whole student. The School strives to meet the individual needs of each student. This ideal is based on the premise that the purpose of education is to cultivate a productive member of society who thinks rationally, who can choose intelligently, who can act reasonably, and who can recognize and develop his/her potential for achieving success spiritually, mentally, physically and culturally,in an ever changing world.

To meet the needs of each student, the School will keep in mind what has proven to be successful in the past while initiating positive changes to the student’s role, the pattern of the school day, the school’s organization, and the resources of learning. The school will teach the basic skills in the required subject areas and as deemed necessary for State, Tribal, Bureau and North Central standards.  The Board believes that all students deserve to be helped to develop a proud and positive self-image. In order to have faith and confidence in themselves.  Students need to understand and respect their families and people in their communities and their cultural heritage. The students, in turn, need this confidence in order to assume their roles as productive members of a society in which they must function.

The School will create a climate in which the identity and dignity of its students are recognized and respected.

The School will provide resources and personnel necessary to create a stimulating environment for students. The school will strive to develop appreciation, knowledge, and skills of various activities that enhance the minds and bodies of students.

The School believes in keeping the Community informed and will attempt to understand and remain informed of the Community attitudes and hopes for the School. The School has the responsibility to teach and develop knowledge, skills, and attitudes that aid in supporting and strengthening the family unit.

The School is committed to promoting good habits concerning health and assisting students to understand environmental conditions necessary for maintaining emotional, mental and physical well-being.

The School has the responsibility to teach and emphasize good tribal and community citizenship and contribute to the development and acceptance of tribal law and custom.

Morals and values are qualities that develop character beneficial to society. Honesty, integrity, justice, personal responsibility, and loyalty to others are equally important in our educational program. The School will strive to develop ethical character in each and every student it serves.

Each child will be challenged to rise to their utmost potential through the use of positive self-esteem.

4.02        EQUAL EMPLOYMENT OPPORTUNITY

Race, creed, color, national origin, religion, gender, age, marital status, disability, or prior civil rights activity will not be a factor in the hiring, assignment, reassignment, promotion, demotion, or dismissal of personnel at Loneman, with the exception of Indian preference.  However, Isna Wica Owayawa/Loneman School is an exempt employer under Title VII of the 1964 Civil Rights Act, as amended, and reserves the right to defend itself against any and all claims accordingly.

4.03        INDIAN AND VETERAN PREFERENCE POLICY 

In accordance with the provisions of federal and tribal law, particularly Public Law 93-638, 100-297 and Chapter 17 of the Oglala Sioux Tribal Law & Order Code; and all other qualifications being relatively equal, Isna Wica Owayawa/Loneman School shall, to the extent feasible, and consistent with the efficient performance of the school, give preference in employment and training opportunities to qualified Indians.

In determining level of qualification, Isna Wica Owayawa/Loneman School will assign preference in the following descending order, if the applicant chooses to self-identify as such:  

1.        Enrolled member of the Oglala Sioux Tribe.

2.        Individual Oglala Sioux Tribal member descendant or pending enrollment status with the Oglala Sioux Tribe.

3.        An enrolled Indian, not a member of the Oglala Sioux Tribe, but is married to such a member.

4.        An enrolled Indian who is a member of a federally-recognized (by the BIA) Tribe other than the Oglala Sioux Tribe.

An individual must be capable of proving their membership in a federally-recognized Indian tribe by providing an enrollment number, enrollment certificate, or other acceptable means of showing membership as established under tribal law.  An individual may be treated as an enrolled Indian if that individual can show that he or she is at least a one-fourth or more blood degree descendant of a member of a federally-recognized (by the BIA) tribe.  

Although not obligated to do so under the law, Isna Wica Owayawa/Loneman School will also give preference in selection and appointment to veterans of the Armed Forces of the United States, all other things being equal and Indian preference being considered first.  In determining level of qualification, Isna Wica Owayawa/Loneman School will, if the applicant chooses to self-identify as such, exercise preference in the following descending order:

1.        Veteran with service-connected disability.

2.        Veterans who served in times of combat.

3.        Veterans who served in non-combat periods.

An individual must be capable of proving their veteran status through a DD214 document from the Veterans Administration.

4.04        NEPOTISM

Hiring the best qualified applicant is the School’s primary objective. No person will be employed or promoted to a position when he or she would be immediately supervising or receiving immediate supervision from a member of his or her immediate family.  Immediate supervision is defined as the first level above or below the person involved.  Immediate family means first degree relatives, including father, mother, son, daughter, sister, brother, uncle, aunt, first cousin, nephew, niece, husband, wife, common-law spouse (residing in the same household), father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, step-father, step-mother, step-son, step-daughter, step-brother, step-sister, half-brother, half-sister, grandfather or grandmother.

4.05        STAFF INVOLVEMENT IN DECISION-MAKING 

The Principal is responsible for ensuring that decision-making processes are designed to incorporate the advice of employees in matters that affect their conditions of employment, program and institutional evaluations, educational planning, community involvement, school climate, student activities and other related developmental activities.  Principal may consult with faculty or staff organizations as a way of obtaining such advice.

4.06        EMPLOYMENT POSITIONS

The Isna Wica Owayawa/Loneman School Board (hereinafter referred to as the Board) has the authority to establish positions required to provide services to students and other required functions of Loneman School.  The Board has the final authority on the approval of positions for employment, and appointment and/or hiring of employees.

Position descriptions will be approved by the Board upon recommendation by or consultation with the immediate supervisor and CFO or lead administrator before advertisement of the position.

Position descriptions will be prepared for all positions in the School to serve as an aid for identifying and delegating responsibilities, coordination and division of work, and prevention of duplication of efforts.  The position description will describe the overall general and specific duties and responsibilities, and the qualifications for the position, ensuring that licensing and/or certification or other requirements are included.  These descriptions are only guides and are not all-inclusive of a person’s abilities or the requirements for fulfilling their positions; these position descriptions are not intended to be used as work limitations or restrictions, and the Board may assign additional duties as required by the needs of the school or principal.

Position descriptions will include the following:

(1)        Effective Date: This is the date the description was amended or implemented.

(2)        Title and Department: The employee’s title will be short and simple yet as descriptive as possible. The applicable department will be listed.

(3)        Supervisor of employee.

(4)        Summary of Functions: This will be a one or two sentence statement encompassing the basic function and objectives of this position.

(5)        Major Duties and Responsibilities: This section will describe with specificity the major duties and/or responsibilities for performing the job.

(6)        School Relationships: This section will outline the relationships between this position and other key positions including supervisors and positions supervised. This statement will also include the requirements for coordination with other positions or departments.

(7)        Experience, Qualification, or Education: If required, indicate the minimum requirements necessary to be able to fill the position. For example, this may include a description of the minimum years of experience or accomplishments in specific job categories or completion of degrees from post-secondary institutions, technical or trade schools necessary to perform this job.

(8)        The pay scale to which the position is classified.

Supervisors are responsible for initiating drafts or changes to existing position descriptions when applicable.  Whenever practical, supervisors will interact with employees in developing or reviewing descriptions for accuracy and clarity.  Job descriptions will mirror the growth and changes of the School.  Supervisors will not fall into a routine of allowing individuals or their operations to be governed by pre existing job descriptions when changes will benefit the School.

4.07        POSITION VACANCY ANNOUNCEMENTS

All full-time and part-time positions of Isna Wica Owayawa/Loneman School will be advertised for a minimum of two weeks.  Vacancy announcements will be posted in School buildings throughout the School service area and may be submitted to local, state and national placement agencies or utilize other methods deemed appropriate by the Principal or designated administrator.

Hiring and selection procedures will be strictly in accordance with job qualifications. Waivers of job qualifications will only be granted with concurrence of the Board.

4.08        POSITION RE-ADVERTISEMENT

The Principal may re-open position advertisements or extend the closing date of position advertisements in the event that an insufficient number of suitable applicants have applied for the position.

4.09        EMPLOYMENT APPLICATION PROCEDURES

The Principal is responsible for the recruitment and making recommendations to the Board of the best personnel for the school. Anyone who believes he/she is qualified for a vacant position may submit a completed application to the Principal or designated administrator.  Any vacancy announcements will clearly set forth that before an applicant can be permanently employed with the School, the applicant will be subject to a criminal history background check, and pre-employment drug and alcohol testing.

The Principal and/or his/her designee is responsible for monitoring the employee application process to ensure that application timelines are adhered to by applicants, and for reviewing employee applications to ensure that applications are complete.  Applications for employment which do not include all requested information, references, and other documentation will not be considered in the review of qualified applicants for positions at the school.

All applications including applications for volunteer positions will contain a question asking whether the applicant has ever been arrested, charged, or convicted of a crime involving a child; including but not limited to; violence, sexual assault, sexual molestation, sexual exploitation, sexual contact or prostitution, or crimes against other persons.  The application may require a description of the disposition of the arrest or charge.  False or misleading applications will constitute grounds for declaring the employee’s contract null and void and for the immediate dismissal of the employee.

The application will also inquire as to the applicant’s residences within the last five years.

The School will obtain from the prospective employee his/her signature authorizing that the employee has been informed of the School’s obligation to perform a background check, granting permission for the background check to be performed, and authorizing the school to obtain a copy of the employee’s criminal history.  The employee will also be informed that he/she has the right to obtain a copy of the criminal history report and the right to challenge the accuracy and completeness of any information contained in the report by commenting, explaining, denying, or refuting the information.

4.10        PERSONNEL HIRING

At the earliest possible date following the closing date of a job announcement, the Principal will submit applications to the screening/interview committee. The screening/interview committee may be composed of the Principal, and/or his/her designee, supervisor of the position to be filled, and one or more Board members. The Principal will determine appropriate screening procedures for job announcements advertised as opened until filled.

The purpose of the committee will be to review and rate applications based solely on the information contained in the application and other documentation provided by the applicant, as well as background checks, references, interviews, and other information made available to the committee in the ordinary course of the process.  The screening committee will be responsible to carefully rate information contained in the application.

Applications that may not be rated are:

  1. Applications not meeting job qualifications as indicated in job advertisement;

b.        Applications that are not signed by the applicant;

  1. Applications received after job advertisement closing date; and

d.         Applications of former Isna Wica Owayawa/Loneman School employees who were terminated for disciplinary reasons within one year from date of application.

e.         Applications of individuals who have failed the criminal history background check, or who have failed to comply with assistance offered by the school after failing the pre-employment drug and alcohol test.

All applications which meet qualifications will be screened and rated based on established criteria. Applicants with the highest overall qualifications may be selected for interviews.

  1. Applicants with the highest qualifications will have at least one interview.

2.         Immediate supervisors, the Principal, and/or one or more members of the Board may be included among persons who interview an applicant.  However, the Board may establish and appoint employees to a hiring or interview committee.

3.         There will be no travel expenses paid to applicants for interviewing, unless approved by the Board.

4.         There will be no interviews conducted by telephone unless an in-person interview is waived by the Board.

If, in the opinion of the Board, applicants interviewed for a position are not suitable for the position, the Board may re-advertise the position or require that other applicants screened for the position be scheduled for an interview.

A background check and/or employment verification will be initiated by the Principal or his/her designee.  The Principal will follow the provisions set forth in this manual when performing the background check.  The contract with the employee, even if signed by the parties, will not be considered executed, valid or enforceable until all results are returned regarding the background check. The legal effect of negative results coming in after the contract has been signed is that the employee's contract will be considered null and void, as if no employment relationship exists between the employee and Isna Wica Owayawa/Loneman School.

The Board has the final decision on all appointments for employment at Loneman.

The Board reserves the right to select alternates who will fill a position in the event the selected person declines the job offer or fails to fulfill her/his probation period, or becomes ineligible for some other reason.

4.11        CRIMINAL HISTORY BACKGROUND CHECK AND CHARACTER INVESTIGATION

All information obtained in a background investigation is subject to privacy requirements under Federal, state, or tribal agencies from which the information is obtained.  The Principal or his/her designee is responsible for making certain that these privacy requirements are complied with by the School.  The information will be in the possession of an appointed administrator in the Personnel Office.  This information will only be released to the employee if permitted by law and only to those involved in the determination of the employee’s initial or continued employment.

Isna Wica Owayawa/Loneman School must complete a criminal history background check before an employee may be hired unconditionally and a character investigation on any individual who Isna Wica Owayawa/Loneman School considers hiring.  This provision includes volunteers who work in close contact with children or have regular contact or control over children.

This criminal history background check will be based on a set of the employee’s fingerprints obtained by a law enforcement officer and on other identifying information.  The background check will be conducted through the Identification Division of the Federal Bureau of Investigation and through the State criminal history repositories of all States that a prospective employee lists as current or former residences in an employment application. The Principal or his/her designee will be responsible for initiating the check through the personnel program of the applicable Federal agencies.  The background check will cover the applicant’s past five years.

An employee may be hired by Isna Wica Owayawa/Loneman School provisionally prior to a background check being completed.  If the employee who is hired provisionally has children in his/her care, the employee will at all times be within the sight and under the supervision of a staff person who has completed a background check.

An individual may be denied employment or terminated from employment if the individual has been convicted of an offense involving a child victim, a sex crime, or a drug felony. A conviction of other crimes may be considered if it bears on the employee’s fitness for the safety and well-being of children.  An individual will be denied employment if the individual was found guilty of or entered into a plea of nolo contendere or guilty to any offense under Federal, State, or tribal law involving crimes of violence; sexual assault, molestation, exploitation, contact or prostitution; or crimes against persons.

If the background investigation reveals that a potential employee with one of the offenses  has been charged with one of the offenses listed above or a current employee is charged with one of the offenses listed above  and the charge has not been disposed of the employer may deny the applicant employment until the charge is resolved, an employer may suspend an employee from having contact with children while on the job until the charge is resolved, the employer may detail or resign the employee to duties which do not involve contact with children until the charge is resolved, or the employer may place the employee on leave with pay until the charge is resolved.

 

An individual including volunteers may also be denied employment or disqualified from continued employment if it is determined that:

(1)        The individual’s misconduct or negligence interfered with or affected a current or prior employer’s performance of duties and responsibilities;

(2)        The individual’s criminal or dishonest conduct affected the individual’s performance or the performance of others;

(3)        The individual made an intentional false statement, deception or fraud on an examination or in obtaining employment;

(4)        The individual’s alcohol or substance abuse is of a nature and duration that suggests the individual could not perform the duties of the position or would directly threaten the property or safety of others;

(5)        The individual has illegally used narcotics, drugs, or other controlled substances without evidence of substantial rehabilitation;

This list is not inclusive and in no way limits the list which is contained within the disciplinary section of this policies and procedure manual.

Character Investigation

The Principal will establish a list which identifies those positions which permit contact with or control over Indian children.  This list will be updated yearly.

The Principal will appoint an adjudicating official.  This person will serve as the adjudicating official until s/he is terminated, resigns, or the Principal in his/ her discretion finds it necessary to appoint another adjudicating official.  In the event that the adjudicating official will appear to the Principal to have a conflict because of the potential applicant involved, the Principal will appoint an individual to serve as the adjudicating official for the conflicting case.

The School must make certain that the adjudicating official is well-qualified and trained; that if the adjudicating official is not well-trained that the official is supervised by an individual in the school who is experienced in this area until the adjudicating official is sufficiently trained; and that the adjudicating official is familiar with the laws, regulations, and criteria involved in making suitability determinations.  

The adjudicating official will at a minimum:

1.        Review that background investigation provided by the FBI or any other information obtained from any other law enforcement agencies;

2.        Review each background investigation form and the employment application and compare the information provided in the potential employee’s application with documentation not provided by the employee;

3.        If available, review the results of written record searches requested from local law enforcement agencies, former employers, former supervisors, employment references, and schools;

4.        Consider whether the employee has met the standards established for suitability of employment; and

5.        Will ensure that no individual has been found guilty of or entered a plea of no contest or guilty to any felonious offense or any of two or more misdemeanor offenses under Federal, State, or Tribal law involving crimes of violence; sexual assault, molestation, exploitation, contact or prostitution; or crimes against persons or offenses against children.

The following are standards to consider when determining if a potential employee who will have contact or control over students is suitable for employment.  When an adjudicating officer is considering whether an applicant is suitable for employment the adjudicating officer should consider:

(1)        the nature and seriousness of the prior conduct;

(2)        the currency and circumstances surrounding the conduct in question;

(3)        the age of the applicant at the time of an incident, societal conditions which may have contributed to the nature of the conduct;

(4)        the probability the individual will continue the questionable behavior; and

(5)        the applicant’s commitment to rehabilitation.  

(6)        an individual has not been found guilty of or entered into a plea of nolo contendere or guilty to any offense under Federal, State, or tribal law involving crimes of violence; sexual assault, molestation, exploitation, contact or prostitution; or crimes against persons.

(7)        what degree of risk does the individual bring to the position?

(8)        past conduct will not interfere with the employee’s duties or create long-term risk;

4.12        FALSIFICATION OR OMISSION OF APPLICATION INFORMATION

Applicants who are offered employment by Isna Wica Owayawa/Loneman School who falsify or intentionally omit information which could impair the decision of the Board as to the competency or suitability of the applicant or employee will be immediately terminated from their employment with Loneman, and their contract will be null and void.

4.13        FORMER EMPLOYER AND REFERENCE CHECKS

Any member of the screening committee and/or the Principal or his/her designee will have the right to contact applicant references and former employers to verify application information, and to obtain information from these resources pertinent to the job-related strengths and limitations of applicants. Information obtained from applicant former employers and references will be treated in a confidential manner and used only in determining applicant suitability for employment at Loneman.

4.14        NOTIFICATION TO APPLICANT OF EMPLOYMENT OFFER

The Principal will be responsible for notifying selected applicants of Isna Wica Owayawa/Loneman School offered employment, and for issuing contracts/wage agreements (be signed and returned by the employee within ten (10) calendar days from the receipt of notification of employment), and will include information regarding starting dates, contract term, salary rate, and other appropriate information. Applications of individuals who are employed by Isna Wica Owayawa/Loneman School will be placed in the personnel folder of the new employee.  Any offer of employment will be construed as being rejected if not accepted by the employee within ten (10) calendar days.

4.15         NOTIFICATION TO APPLICANTS NOT SELECTED FOR EMPLOYMENT

The Principal and/or his/her staff will notify applicants of their non-selection.

4.16        TEMPORARY APPOINTMENTS

The Board will have the authority to appoint temporary personnel to work assignments required at the School, dependent upon available funding sources.

Temporary appointment, for other than teaching and transportation personnel, may not exceed ten (10) work days and the temporary employee will be paid at a rate established by the Board for actual work performed.

4.17        PERSONNEL PROBATION

All new employees and any employees who transfer from one job to another within the school system will be covered by this policy.  The probationary period will last ninety (90) days and may be extended for one additional ninety (90) day period if deemed necessary.  Any extension of the probationary period will not be construed as an offer of permanent employment or the existence of a contract or other employment agreement.

Nature and Purpose: Probation is established to benefit the employee and the school and is a time for personal adjustment, adaptation, learning the job requirements, and the policies and procedures of the school. This ninety (90) calendar day period will determine if the new employee meets required standards of employment.  During the probationary period, the employee and her/his supervisor will pay close attention to the employee's job performance and progress.

Conditions Preliminary to Regular Appointment: The regular appointment of an employee will begin with the date ending the probation period. The Principal is responsible for obtaining a written statement from the employee's supervisor containing an appraisal of the employee's duties indicating her/his services during the probation period have been satisfactory and the employee is recommended for regular status. The supervisor will notify the employee in writing if the appointment is to be made a regular employee and a copy of such notice will be placed in the employee's personnel file.

Promotions During Probation: Employees must complete the probation period before being eligible for promotion.

Transfers During Probation or During Employment: An employee may be transferred during the probation period if such action would benefit the School or the employee. A new probation period will begin on the date of transfer, if the transfer is to a different job category.

When an employee is transferred to a new position that employee will be required to go through the 90 day probationary period at the new position.  Transferred employees who are unable to perform at their new position may be returned to their original job if a vacancy exists or may be recommended for termination.  Even if a vacancy exists, the employee may be recommended for termination.

Performance Appraisal During Probation: The supervisor will provide a performance appraisal at least ten (10) days prior to the end of the probation period.  Performance appraisals will be documented and used to determine how the employee is adapting to job requirements, the department, the overall system, and to recommend for regular employment, extension to the probation period or termination of employment. Appraisals are not required in the event a probationary employee is terminated or recommended for termination within the ninety (90) day period.

Continuing Employment: Those employees whose continuing employment is contingent upon the employee meeting special conditions, as recommended by their supervisor to the Principal and approved by the Board, may be placed on a subsequent ninety (90) calendar day probation period. All special conditions to employment contracts and agreements must have Board approval.  In no instance will an employee’s probationary period extend beyond one-hundred and eighty (180) days.

Dismissal During Probation: Any time during the probation period that an employee fails to successfully adapt to the requirements of the position, the department, or the school system, employment will be terminated immediately, and the employee’s employment agreement or contract will be considered null and void and the offer of employment withdrawn. The supervisor will make a recommendation to terminate to the Principal who will notify the employee in writing of such recommendation and the date services will be terminated. The Board will make the final decision on termination. The employee will have no right to appeal the Board's decision.

Salary Adjustments During Probation: Salary adjustments will not be made for a probationary employee who is fulfilling her/his probationary period. Such adjustment will be made following the successful completion of probation.

Attendance of Workshops and Training Sessions/Seminars: Probationary employees, other than continued contract employees, are not eligible to attend workshops and training sessions/seminars that are held off of Isna Wica Owayawa/Isna Wica Owayawa/Loneman School property until that employee's probationary period has ended and the employee has been made a regular employee. The Principal, upon request of the employee's supervisor, may make exceptions for those probationary employees who must attend training as part of a special project or orientation which requires such training.

Continued Contract Employees: A contract employee whose contract is continued will have a forty-five (45) day probationary period each time a contract is renewed.  If the employee’s contract is renewed for a different position the ninety day probationary period would then apply.  

4.18        PERSONNEL SUPERVISION

The major focus of employee supervision will be to assist, monitor and support the capabilities of an employee to competently perform their assigned job responsibilities.

Employees will be notified of the identity of their direct supervisor by the Principal at the time of their initial appointment. The employee’s direct supervisor will record time and attendance, evaluate, provide technical assistance, consult with, assist in planning, conflict resolution and problem solving, identify developmental needs and resources, acquire materials, approve/disapprove all leave, and assign duties to the employee.

4.19        DEFINITION OF EMPLOYEE

An employee is defined as an individual who has signed an agreement with the organization or has otherwise been employed, by letter or other informal or formal appointment, who performs work for Isna Wica Owayawa/Loneman School, who works under the supervision of someone in the organization, and who utilizes the resources of the organization to perform these functions. The classes of employees are defined as follows:

Regular Full-time Employees: Those employees who work at least forty (40) hours per week for fifty-two (52) weeks per year and who maintain regular employment status. All regular full-time employees are eligible for all employee benefits, annual leave, holidays, and sick leave benefits. These employees may utilize the grievance procedures.

Regular Part-time Employees: Those employees who may work less than forty (40) hours per week or less than fifty-two (52) weeks per year, but who maintain regular employment status. Regular part-time employees are eligible for all employee benefits, annual leave, holidays and sick leave benefits on a prorated basis. These employees may utilize the grievance procedures.

Temporary Employees:  An appointment which does not exceed ten (10) working days, except for teaching substitutes and transportation employees, and which includes, but is not limited to substitute teachers and staff. These temporary employees will not be eligible for employee benefits, including but not limited to, leave, holiday pay, and insurance or retirement benefits. These employees may be dismissed with or without cause at any time. These employees may not utilize the grievance procedures.

Non-exempt: An employee who is subject to the Fair Labor Standards Act. These employees will receive overtime pay at a rate of 1 ½ times the hourly rate or will receive compensatory time at a rate of 1-1/2 hour for each hour of overtime worked.  All overtime and compensatory time will be approved in advance, in writing, by the employee’s supervisor and Business Office Manager contingent upon availability of funds.  The employee has the option of electing, in advance, whether they choose overtime or compensatory time.  (Compensatory time is for hours over 80 hours in a pay period.)  Compensatory time shall be taken within 30 days of its occurrence.  Overtime is any work done beyond the eighty (80) hours in each pay period.

Exempt: An employee who is not subject to federal overtime laws. These employees do not have to be paid overtime when they work more than forty (40) hours in a workweek. These employees are classified based on specific job descriptions and duties involved.  

An employee who is not required to sign a contract with Isna Wica Owayawa/Loneman School is an at-will employee and may be terminated with or without cause and will be referred to as a non-contract employee.  A non-contract employee may be terminated at the discretion of the Board within the limits of this Policies and Procedure Manual.

4.20        PAY SCALE

There will be a pay scale for professional and contract employees and a pay scale for nonprofessional and at-will employees.  

4.21        TENURE

There is no tenure for any employee of Isna Wica Owayawa/Isna Wica Owayawa/Loneman School.

4.22        IN SERVICE TRAINING

The Principal is responsible for administering a needs assessment to identify areas of training and for reporting the results to the Board who will provide funding annually to accommodate the resources needed to implement pre-service and in-service programs.

All employees are required to participate in programs of pre-service and in-service as scheduled.

Isna Wica Owayawa/Loneman School has a professional development program which provides training to teachers to improve their short-term and long-term professional skills.  This plan will be reviewed every year by the respective administrators to determine whether the plan's goals are being fulfilled and if any changes or additions to the plan should be incorporated.

4.23        SUBSTITUTE TEACHER TRAINING PLAN

Both non-certified and certified substitute teachers are required to meet with their respective principal on their initial employment to receive a general orientation of the school and policies.  The substitute teacher will be provided information from the files of the regular classroom teacher including: subject matters, daily lessons, a seating chart, lunch schedule, and special education student needs.   Within the discretion of the Principal, a certified substitute teacher may be permitted to attend in-service programs conducted by the school district and may also be sent to workshops like a regular classroom teacher.  All substitute teachers will be required to attend one substitute training class per year, which are provided regularly during the school term. All substitutes must pass the background check and drug and alcohol test to work as a substitute at the school.

4.24        EMPLOYEE STATUS

The School may terminate non-contract employees with or without cause.  The School may terminate contract employees for cause or without cause by mutual agreement.  Suspension or dismissal procedures against contract employees should be carried out pursuant to this Policies and Procedural Manual.  Terminated employees may not use grievance procedures once terminated, but all other forms of discipline may utilize grievance procedures.

4.25        EMPLOYEE CONTINUED EMPLOYMENT

Consideration of the continued employment of any employee will be based upon work performance of each employee as indicated by performance evaluations, recommendations as to contract renewal or non-renewal by the employee's immediate supervisor, and will consider the staffing pattern required for operation of the School during the subsequent School term.

4.26        EMPLOYEE ORIENTATION

The Principal and/or his/her designee will, unless there is good cause to the contrary shown, coordinate and conduct a staff orientation session prior to the beginning of each academic year. The purpose of the orientation is to provide clarification to all employees concerning the expectations, policies, procedures, resources, and goals of the School for each academic year.  Supervisors will be assigned specific roles in carrying out the orientation program.

The Principal and/or his/her designee will be responsible to work with supervisors to ensure all support staff  have the required preparation and training as outlined in her/his job description.

All employees will be required to attend and participate in staff orientation activities prior to the issuance of salary payment.

Employees will document their participation in orientation by completing a checklist developed by the Principal. The list will determine items requiring additional awareness.  All employees will also be required to certify their understanding of personnel policies and procedures and other orientation information on the checklist. The employee signed certificate of understanding will be placed in their personnel folder.  In the event that an employee is unable to certify understanding of any of the orientation checklist items, it will be the responsibility of the immediate supervisor of the employee to clarify any of the items to ensure full understanding of the orientation checklist items. After clarification the employee will certify their understanding.

The new employee will also be responsible for certifying understanding of policies, procedures, and other items on the orientation checklist prior to assuming their job role and/or receiving any salary payment.

4.27        EMPLOYEE SUPERVISOR

Each employee of Isna Wica Owayawa/Loneman School will be assigned an immediate supervisor upon their employment at the School. The immediate supervisor of an employee is to be considered a resource to the employee regarding work task assignments, scheduling, planning, in-service training/staff development, advisement regarding policy and procedure and other activities, employee performance expectations and performance outcomes, motivation, and consultation/communication.

4.28        EMPLOYEE SUPERVISOR POLICY ADMINISTRATION

The immediate supervisor of an employee is also responsible for ensuring that the employee functions in accordance with personnel and other policies and procedures, and for administration of these policies and procedures in the event of employee non-compliance.

4.29        SUPERVISOR ROLE IN EMPLOYEE GRIEVANCES

The immediate supervisor of an employee is the initial resource to which the employee is to address any work-related grievances.  Therefore, it is essential that a positive working relationship and communication be established between the supervisor of the employee and the employee.

4.30        SUPERVISOR EVALUATION OF EMPLOYEE PERFORMANCE

The immediate supervisor of an employee is responsible for conducting periodic evaluations of the employee's performance in accordance with the process, outcomes, and criteria identified in the employee's performance evaluation plan. The employee’s evaluation will include expectations and outcomes to which employee tasks are to be focused.  The outcomes of the performance evaluation will be used by the supervisor in issuing any recommendations for continuing employment, including continuation of employment following completion of the employee's probationary period.

4.31        PERSONNEL EVALUATION

a.     Purpose

The formal appraisal program is intended to assist and motivate employees to attain their maximum potential. It is a means of employee self-improvement. The program is designed to analyze the strengths and weaknesses of an employee. It enables the Supervisor and the employee to direct their efforts toward those personal characteristics, skills, knowledge, and abilities that will make her/him a more effective employee.

b.     Policy

It is the policy to conduct an on-the job performance review with each employee on a regular basis as an employee development activity. Promotions, pay increases, and continued employment are based on performance not on length of service or longevity. Performance evaluations will be considered in decisions affecting training, placement, salary increases, promotions, demotions, layoffs, and dismissals.

c.     Frequency of evaluations

The performance of all employees will be reviewed on an ongoing informal basis. Formal reviews will be made in accordance with the established schedule outlined below:

1.     Annual Review

— Annually between January 1 and March 31;

— An employee's performance becomes markedly better or worse; or

— The Supervisor, Principal, or the Dean of Students, deems it necessary or appropriate.

2.     Promotion/Transfer Review

Within ninety (90) calendar days of transfer or promotion to a new position. At the discretion of the Supervisor, this review may take place sooner if the employee has demonstrated her/his ability to satisfactorily perform the job requirements.  Any transferred or promoted employee shall be subject to the ninety (90) day probationary period, and this review is a part of that process.

d.     Responsibility

The employee's immediate supervisor will normally be the rating officer. They will be responsible for evaluating the performance of each employee under their supervision, discussing the completed evaluation with the employee.

The Principal will evaluate the performance of each supervisor under her/his supervision and the Board will evaluate the performance of the Principal.

e.     Procedures

Each supervisor will establish performance objectives for each employee or group of employees. The performance objectives will be based on actual job requirements and will be conveyed to the employee in writing. This will ensure that the employees know what level of performance is expected and understand the basis for success or failure to meet these objectives when evaluated.

It is the supervisor's responsibility to conduct a thorough and impartial review of each employee reporting directly to her/him.

If a supervisor is not completely familiar with all phases of an employee’s job assignment, a second person knowledgeable of the employee’s performance will be requested to assist in the evaluation.  

All evaluations will be discussed and reviewed with the employee evaluated.

The following steps may, at the discretion of the supervisor, be observed in accomplishing the

evaluation process:

1.         Prepare performance requirements by determining employee job performance.                               

2.             Discuss the performance requirements with the employee and adjust them as needed.

3.             Observe what the employee is doing.

4.             Evaluate the performance against the requirements.

5.             Discuss the evaluation with the employee.

6.             Take appropriate action.

The Principal shall prescribe the form on which the evaluation shall be entered.

f.     Elements of Evaluation.

Some of the elements of the evaluation which may be measured include but are not limited to:

1.             Job proficiency - the ability to perform tasks at or above the job standards.

2.             Harmonious Working Relationships - the way an employee gets along with her/his supervisor and fellow workers shall be evaluated. Willingness to accept and to carry out orders is also important.

3.             Absenteeism and Tardiness - the punctuality and consistency of attendance of an employee on the job is an important consideration.

4.             Errors - accidents, errors in work and/or accidents that are attributed to improper performance of job tasks shall be noted and evaluated.

5.             Failure to follow rules and regulations - any employee may receive an unfavorable evaluation if s/he disregards written or oral rules and regulations of which s/he could reasonably be deemed to be aware of.

6.            Relationship with the Public - public relations is an important part of the duties of every employee.

Each supervisor shall evaluate the manner in which her/his subordinates deal with the public. Discourteous treatment, lack of tact, and other elements of misconduct in dealing with the public are valid reasons for an unfavorable evaluation.

g.     PERFORMANCE REVIEW- INTERVIEW

Each employee may be given the benefit of a private performance review - interview with the rating officer. The purpose of the private interview is to review the ratings and discuss the employee's job performance. The employee will be allowed a reasonable time to enter comments on the review form. The employee will sign the evaluation form, indicating the evaluation has been explained and discussed.  An employee’s signature does not mean that the employee agrees with the evaluation, but that he or she understands it and that it has been explained and discussed. The employee can outline agreement or disagreement with the supervisor's appraisal. The review form will not be placed in an employee's personnel file until this has been accomplished.

The evaluation form then will be forwarded to the Principal for appropriate action.

h.     UNSATISFACTORY EVALUATION

An employee who receives an overall rating of "unsatisfactory" on the annual evaluation may be placed on 90 (ninety) day probation at the Principal's discretion. Job performance will be re-evaluated prior to the end of the probationary period. Employees who again receive overall ratings of "unsatisfactory" will be recommended by the Principal for termination to the Board.

I.     ADMINISTRATION AND COORDINATION

The Principal or his/her designee has the responsibility to administer and coordinate the performance appraisals completed on the staff. Advice and assistance will be given to rating officers and employees to assure that evaluation and review procedures are carried out in accordance with the provisions of this section.  

Each completed evaluation instrument and improvement plan will be placed in the employee's personnel file.

4.32        EMPLOYEE PERFORMANCE EVALUATION OUTCOME GRIEVANCES 

In the event that any employee is not in agreement with the outcomes of informal or formal performance evaluations completed by their immediate supervisor, the employee shall be required to follow established grievance procedures to process their grievance.

4.33        EMPLOYEE PERSONNEL FILE MAINTENANCE AND ACCESS

The Principal and/or his or her staff shall be responsible for maintaining employee personnel files. The Principal and the Board, and authorized federal, tribal, or state government officials, shall have access to employee personnel files. Employees also have the right to access and review their personnel file, however, may not remove the file from the office in which the file is located, nor remove or alter any information in the file. Other individuals who request access to personnel files must have the written approval of the employee.

Personnel records are kept on file in the School Office and should include, if applicable, but are not limited to:

1.     Job advertisement

2.     Job description

3.     Application

4.     W-4 and I-9 Form

5.     Employment Record-Salary

6.     Evaluations

7.     Employee Contract

8.     Health Certificates

9.     Personnel Actions

10.   Valid Certificate or License

11.   Transcripts of Credit

12.   Diplomas

All personnel records are considered confidential and are not open for inspection by unauthorized personnel.

Upon her/his written request, each employee has the right to review their own personnel file and to ask for removal of any unnecessary information from the file.  No documents may be removed from an employee's personnel file without the approval of the Board; however, copies of letters, certificates, employment applications, transcripts, or other information in the personnel files may be duplicated by an employee at the request of the employee. When any employee is reviewing his or her personnel file, a member of the School administration, or designees of the same, shall be present at all times.

All personnel files shall be reviewed annually by the Principal and/or his/her designee to recommend to the Board the removal of unnecessary material from those files. Documentation of personnel actions may be removed annually from the personnel folder upon the recommendation of the Principal and with Board approval.

Documentation of personnel actions resulting from alcohol-related incidents or serious misconduct shall be maintained for a period of three (3) years with removal from the files upon the recommendation of Principal and Board approval.

4.34        COMPENSATION GUIDES AND CONTRACTS

Salary ranges shall be established in order to provide a basis for recognizing individual differences among positions. The objective is to insure equal pay for equal work.

No employee shall be paid less than the federal minimum wage. Salary increases may be given no more frequently than annually to reward efficient work and career development.

SALARY AND WAGE SCHEDULES: Salary and wage schedules will be reviewed every three (3) years. Any adjustments made to salary and wage schedules will be based on the overall financial status of the school.  The salary and wage schedules will be maintained in the school administration office, and available for review by employees.  The School Board will follow these schedules until they are revised by the Board.  

SALARY INCREASES: Each employee will be evaluated annually. At the discretion of the Board, and dependent upon funding availability, with salary considerations, salary increases may be granted for one or more of the following reasons: Step increase, educational attainment, or cost of living.

ENTRANCE SALARY: Salary granted to new employees will depend on evaluation of education, experience, and qualifications. New employees may be credited for up to six (6) years of related outside experience.  If the employee is a former Isna Wica Owayawa/Loneman School employee, all previous experience at the School may also be used to determine entrance salary if such experience is directly related to the position hired for.

TEMPORARY EMPLOYMENT SALARY: Salary for temporary employees will be based on established rates approved by the Board, which shall be identified in the salary and wage schedule.

SUBSTITUTE TEACHER SALARY: Payment for substitute teachers will be based on established rates approved by the Board.

COMPENSABLE: Compensatory hours are all hours that the employee is required to work for the organization. This will also include time during which the employee is necessarily required to be on the employer’s premises, on duty or at a prescribed workplace. This section does not apply to exempt personnel.

Some employees may not be required to remain at work during their lunch periods; however, it will be necessary for certain employees to remain at work during their lunch periods to assist in the supervision of students.  Whether an employee is required to remain is within the discretion of the Principal.  Upon approval of the employee’s supervisor, an employee may waive her/his lunch period and thereby leave her/his work station prior to the end of the normal work day, equal to the length of the lunch break not taken.  There are no morning or afternoon breaks, and employees and may not leave early because of breaks not taken.   Employees will not take work home without prior approval from the immediate supervisor.

CONTRACTS: The Board does not provide for a continuing contract. All executive, professional, and instructional employees will sign a contract.  Designated administrative positions may also be contract positions.  All contracts are one-year or less, non-renewal contracts except for some executive positions where the job description so specifies.  Their contracts are not deemed to be continuing.  Failure to timely renew or failure to provide timely notice of a non-renewal of a contract will not constitute a constructive or automatic renewal of the prior contract.  These employees will sign an employment contract or agreement prior to beginning employment, with such contract or agreement on file in the employee's’ personnel file before salary is received. The Board reserves the right to annually attach such addendums to offered contracts in an effort to improve the performance of Loneman School employees. An annual contract once offered by the Board,  must be accepted or rejected no later than ten (10) calendar days after the date of offer, and may not be altered in any way by the employee or the Board, unless the parties mutually agree to the alteration.

Instructional personnel (teachers) will sign a contract annually to provide services for a predetermined number of days per school term. Days missed without approved leave will be deducted at a rate calculated by dividing the contract amount by the number of contract days to acquire a daily rate for deductions, which will be prorated.

Instructional personnel will receive their salary on a bi-weekly basis, but may opt to be paid over twenty-six (26) pay periods and will receive bi-weekly salary payment until the contract amount is fulfilled.  The employee will elect which payment plan he or she seeks at the start of the contract term.

Contract employees sign a contract to work for approximately nine months (‘Extended’ salary is optional – 26 pay periods), with actual days worked to be established by the Board when it sets the school calendar.  

 Days missed without leave will be deducted from an instructional personnel’s paycheck by dividing the contract amount by the number of school days in that year.  Before a teacher receives his/her paycheck at the end of the school year, the teacher must complete certain tasks, including but not limited to the following: report cards, promotional summaries, cumulative folders, classroom inventories, classroom cleaning, and orders.

Wage personnel are employees at will and are paid bi-weekly at their hourly rate based on hours of service provided during a two (2) week period.

BENEFITS:  Fringe benefits for personnel will be established by the Board on an annual basis and will be indicated in the employee’s contract or by notice to the employee (non-contract employees).

Fringe Benefits will include: social security, unemployment insurance, federal employment insurance, workmen’s compensation, life insurance, single health insurance, vision insurance, dental insurance and retirement or IRA.

DRUG TESTING::

Isna Wica Owayawa/Loneman School has a vital interest in maintaining a positive learning environment that is safe and healthy for all students.  To fulfill that purpose and as a proactive measure to keep the school drug free, Isna Wica Owayawa/Loneman School has a random drug testing policy. It is the policy of the Isna Wica Owayawa/Loneman School Board that a ‘drug free’ workplace will be maintained.  The Board prohibits the unlawful manufacture, transmission, conspiring to transmit, possession, use or being under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, counterfeit drug, alcohol, other intoxicants of any kind, or any other controlled substance.  The Board prohibits the possession, use, transmission or conspiring to transmit drug paraphernalia.  In addition, no employee will be impaired by the excessive use of prescription or nonprescription drugs.  Employees must not operate equipment while taking prescription drugs that impair/limit their ability to do so.  The proper use of a drug authorized by valid medical prescription from a legally authorized healthcare provider will not be considered a violation of this rule when the drug is taken by the one for whom the drug is prescribed.

This policy will govern each employee while on any property owned by the Board, at any time during which an individual employee is acting in the course and scope of his/her employment with the Board, or at any other time that the employee's violation of this policy has a direct and adverse effect upon the performance of his/her job.

Each employee will be given a copy of this policy. A record of receipt will be kept on file. Each employee will comply with this policy and will notify his/her supervisor of his conviction of any criminal drug statute within 24 hours after such conviction. The supervisor will notify the Superintendent of any such conviction within 24 hours of receiving notice of  conviction.  Any employee of the Isna Wica Owayawa/Loneman School may be subjected to random test(s) for the use of alcohol or controlled substances in the workplace, which will be used one time only to trigger employee assistance.  When the employee's superior(s) has probable cause or reasonable suspicion that the employee is using or is under the influence of alcohol or any controlled substance in the workplace, the School may immediately require drug testing. If the employee tests positive, the School will suspend the employee with pay until the next regular or special board meeting, at which time the employee will be recommended for termination. Any employee who refuses a drug or alcohol screening test will have his/her failure to test considered a positive test result and will be treated accordingly. If the failure or refusal to test came from random testing, the employee will be treated as a positive test result and referred according to these policies.  If the failure or refusal to test came from an attempted search and seizure as a result of probable cause or reasonable suspicion, then the employee will be suspended immediately and recommended for termination by the board at the next regular or special meeting.   Cost of pre-employment or random drug testing or screening will be assembled by the Board of Education. Additionally, within 30 calendar days, any employee who has tested positive will be required to undergo a chemical and alcohol dependency evaluation by an approved facility.  The employee will follow the recommendations of the evaluation, or be terminated for insubordination. Violation of this policy a second time, or violation as a result of probable cause or reasonable suspicion, or failure to fully cooperate and comply with employee assistance the first time the employee tests positive, will be deemed unacceptable personal conduct which will be cause for disciplinary action up to and including dismissal. Any illegal drug activity will be reported to the appropriate law enforcement authority.

Employees will be provided with information concerning available counseling, rehabilitation, reentry programs and the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. Each employee will notify the Principal and/or the Dean of Students his/her of any conviction, guilty plea or no contest plea for violation of any criminal drug statute no later than 5 days after such occurrence.

4.35        POSITION CLASSIFICATION

The Principal will develop and recommend to the Board a classification plan for all positions. The Principal will be responsible for the operation and maintenance of the position classification plan for the school. The Board considers all positions vital to the smooth functioning of the School and requires all employees to work together as partners to provide the best learning situation for students of the School.

Only those positions approved by the Board may be implemented. Only the Board may create or abolish a position.

The purpose of the position classification plan will be to:

a.             Provide the school employee with a means to identify work distribution, areas of responsibility, lines of authority, and other relationships between positions.

b.            Provide uniform titles for positions.

c.            Establish that all positions will be paid according to specific salary schedules.

The position classification plan will be based upon the analysis of the duties and responsibilities of each position and will be maintained on a current basis. The plan will include:

a.             An appropriate classification of each kind and level of work.

b.             A description of the duties and responsibilities of each classification.

c.             A statement of the knowledge, skills, and abilities generally needed to perform the work.

d.             A statement of any special qualifications necessary to enter the position.

4.36        PROCEDURE FOR NEW POSITIONS

All requests for new positions will be made to the Principal who may either approve or disapprove the request considering the budget and need.  If the Principal approves the request, the Principal will then work with the supervisor to develop a job description. Once the job description is written, the Principal will compare the qualifications to the established plan to establish a pay level to be assigned. The request will then be submitted to the Board for approval. If approved, the Personnel Director will take action to fill the position.

4.37        QUALIFICATIONS

Job qualification requirements will be equivalent to those established by the appropriate licensing and certification authorities relied upon by Isna Wica Owayawa/Isna Wica Owayawa/Loneman School, which are currently adopted from the State of South Dakota.

Teachers and other certified staff must be certified in the State of South Dakota with majors or minors in the field of their employment.

All Teacher aides/paraprofessionals are required to have a minimum of 60 college credit hours or an AA degree or pass the state para-pro test and must meet all job requirements.

Nonprofessional staff members will be high school graduates or have a GED equivalent and must meet all job requirements.

All other staff must meet applicable federal and State licensing, certification and job requirements.

4.38        POSITION RECLASSIFICATION

When the duty assignments of an employee have changed substantially as to kind and level of work, the supervisor or employee may initiate a request for change in the pay class level in writing to the Principal. The request should outline the reasons why the employee and/or supervisor feels change is needed. All requests must be routed through the supervisor who will provide her/his input to the request.

If the Principal determines that the position has changed sufficiently to warrant a change in pay/ class level and budget considerations have been made, recommendation will be made to the Board for approval or disapproval.

A position may be reclassified on the basis of change in or re-evaluation of the duties, responsibilities, and qualification requirements of the position. The Principal shall recommend such reclassification as is justified.

4.39        HEALTH EXAMINATION

All employees of the School will be required to have a physical examination at their own expense within thirty (30) calendar days of their starting date of work and every three years thereafter, and will file a medical certificate attesting to the employee's freedom from communicable diseases), including tuberculosis, in their personnel file.   TB tests will be required annually for all school employees, and are the financial responsibility of the employee.   Employees must take either sick or annual leave to conduct their tests.

4.40        IMMUNIZATIONS AND TRAINING

The School is requiring that all employees take the Hepatitis-B immunization shot and be provided with blood borne pathogen training/exposure.  If an employee declines to take the hepatitis-B shot, that employee will be required, as a condition of employment, to sign a declination of the immunization shot, as well as the employee’s reasons therefore, and it will be retained in that employee’s personnel file.

 

4.41        COMPENSATORY TIME AND OVERTIME

With effective planning and efficient management, overtime work is not required. Overtime work will be permitted only upon the authorization of the designated supervisor and Principal, and will be in writing.  

All non-exempt, non-salaried employees will decide during employee orientation whether they wish to receive compensatory (comp) time or overtime pay. The employee will sign an annual agreement with Isna Wica Owayawa/Loneman School stating their preference. Once an agreement is made with the employee stating their preference, the agreement will be binding throughout the contracted employment period.

Prior to incurring overtime which will lead to the granting of compensatory time, the employee will request approval from their immediate supervisor.

Compensatory time earned, the length of time worked, the reasons for such overtime, and authorization will be documented by the immediate supervisor. False claims regarding compensatory time by employees will subject the employee to suspension or termination.

Isna Wica Owayawa/Loneman School will grant compensatory time to all non-exempt employees who elect compensatory time. Such compensatory time will be given for all involuntary or permitted hours beyond forty (40) hours per workweek. Compensatory time will be granted at one and one-half hours (1-1/2) for each hour of overtime worked.

Compensatory time can be accrued up to 240 hours for nonexempt employees. Such employees will attempt to take compensatory time within (30) days of its occurrence if scheduling permits. Non-exempt employees will not lose accrued compensatory time and if terminated will be paid for all accrued compensatory time. Requests for leave for compensatory time will be done in accordance with annual leave requirements and are approved and scheduled by the supervisor. Compensatory time accrued in excess of 240 hours earned by nonexempt employees will be paid at one and one-half (1-1/2) times the hourly rate of such person.

It is anticipated that exempt employees will be expected to incur some overtime hours as part of their duties and responsibilities.

Overtime Pay:

Prior to incurring overtime which will lead to overtime compensation, the employee will request approval from their immediate supervisor.  There will be no overtime compensation paid, unless prior approval of such overtime has been made by the employee’s immediate supervisor or that supervisor’s designee, in writing.

Compensation time earned, the length of time worked, the reasons for such overtime, and authorization will be documented by the immediate supervisor.

“Non-exempt employees” as defined in the Fair Labor Standards Act, and above in this document, who elect to be paid for overtime rather than take compensatory time will be paid at one and one-half (1 ½) times their hourly rate of compensation for all involuntary or permitted hours in excess of forty (40) hours per workweek. False claims regarding overtime by employees shall subject the claimant to immediate discipline up to, and including, termination.

Exempt employees will not be entitled to overtime pay for overtime hours worked.

Involuntary or permitted work:

Involuntary is defined as work which has been required by Isna Wica Owayawa/Loneman School or the immediate supervisor.  Permitted work is defined as work which the employee performs with the written authorization of the employee’s supervisor.  The Board will comply with the provision of the Fair Labor Standards Act regarding such work.

The Principal will maintain a record of all overtime which leads to compensatory time or the payment of overtime pay.

4.42        STAFF MEETINGS

Supervisors will conduct regular meetings that do not significantly interrupt work schedules with the personnel they directly supervise and will document the outcomes of the meetings, inclusive of agenda items, decisions made, committees formed, tasks delegated, timelines for the completion of activities, and other appropriate information. This information is to be disseminated to those in attendance within five (5) days of the meeting to assist in communications.

4.43        CONSULTING

Personnel wishing to provide consultant services to other agencies are required to submit a request to their immediate supervisor who will consult with the Principal for approval.

Personnel receiving approval to provide consulting services will utilize annual leave or leave without pay during time consultant services are required, unless consulting is done on a day of legal discontinuance or off-duty hours.

Personnel will not be allowed more than five (5) days per year of annual/personal leave for consulting purposes, with no more than two (2) consecutive days at any one time.

4.44        LEAVES AND ABSENCES

There are only specified forms of leave available to Isna Wica Owayawa/Loneman School personnel. These include: annual, administrative, sick, personal, bereavement, legal, military, family care, family and medical leave, and leave without pay (LWOP).  Absence without leave is a serious act of misconduct, is not compensable, and will subject the employee to discipline up to and including termination.

Administrative leave is defined as leave granted by the Lead Principal or his/her designee only for the following situations: conferences and visitations, jury duty, weather-related school closings, pending disciplinary proceedings against personnel, tribal administrative leave, any other required closing of the school necessitating the dismissal of staff, and/or any other situation requiring temporary removal of an employee from his/her position necessary for the good of the school.  All other leave is defined below.

The Board realizes employees may require emergency leave for essential matters that cannot be met during off-duty time.

Applications for leave must be made through established procedures and as far in advance as possible (at a minimum must be twenty-four (24) hours before leave unless for emergency).   All employees must receive prior approval for all leave requests, except in emergencies. Failure to receive approval in advance may result in assignment of Absent Without Leave (AWOL) status and disciplinary action taken as described above.

At the discretion of the immediate supervisor and the Business Supervisor, Leave Without Pay (LWOP) may be granted to an employee for extreme emergencies. Leave without pay refers to unpaid leave and will be considered excessive after three days have been granted and may result in personnel action taken.  Once an individual has three (3) days without pay within a two (2) week period, administration will take appropriate disciplinary action.

There will be no advance leave granted. Advance leave is defined as deductions from future leave not yet earned by the employee.

The Business Tech will be responsible for submitting any leave report to the Principal for Board review, reporting accumulated leave taken annually.

Each nine month employee will be advanced ten days of leave.  This leave could be used as sick, personal, etc.  If an employee has unused leave at the end of the school year, the employee will be eligible to sell back to the school unused leave at the employee's daily rate plus 25% for professional staff and the daily rate plus 25% for paraprofessional and support staff.

All payout of unused leave will be contingent upon funding availability.

4.45        ANNUAL LEAVE

Annual/personal leave may be granted if employee has annual/personal leave available to include such consideration as essential legal matters, meetings required by other obligations outside of Isna Wica Owayawa/Isna Wica Owayawa/Loneman School (including but not limited to belonging to other boards or organizations unrelated to Isna Wica Owayawa/Isna Wica Owayawa/Loneman School), marriage or graduation of immediate family members, religious ceremonies or practices, or other personal matters that cannot be met during non-working hours.  The use of annual leave is a privilege rather than a right and is subject to supervisory approval.  Approval of annual leave which has been scheduled and approved may be withdrawn if warranted by workload requirements and/or the need of the employee’s services.

For twelve (12) month staff, an employee will accrue leave at the following rates, per pay period:

1.     Under 3 years of employment— 4 hours annual, 4 hours sick.

2.     3 years to 15 years— 6 hours annual; 4 hours sick.

3.     15 years and over— 8 hours annual; 4 hours sick.

An employee will only be allowed to carry over a maximum of 40 hours of annual.  All unused sick leave can be carried forward.  Only unused annual leave can be paid out with Board approval.  All payout of unused leave will be contingent on the availability of funding.

4.46        JURY LEAVE

Leave will be granted to any employee duly called and accepted for jury duty, whether or not they have asked the court to be excused.  If an employee accepts funds from the Court, he or she will take annual leave.  Otherwise, the juror will be given administrative leave.

4.47        SICK LEAVE

Sick leave may be granted for employee illness; for an appointment with a medical appointment, e.g. doctor, dentist, optical; or for a contagious disease or serious disease which may be life threatening to the employee or that of an immediate family member which requires the employee’s personal care.   Failure to notify the Administration twenty-four hours in advance will result in LWOP statute unless the injury or illness prohibits is of such an emergent situation that such notice isn’t possible.  If twenty-four hours’ notice isn’t possible, the school will be notified as soon as possible.  Sick leave taken in excess of three (3) consecutive work days or twenty-four (24) consecutive work hours shall require a physician's statement.  If it is the administration’s position that sick leave is being abused, the administration may in its discretion require a physician’s statement for sick leave which is less than three (3) consecutive work days.

Sick leave for all personnel on twelve (12) month contracts or letters of appointment will be earned at a rate of four (4) hours per pay period, but the employee will not be paid at the end of employment for any unused sick leave.

4.48        EDUCATIONAL LEAVE

Educational leave, which is paid leave, if related to job improvement, may be granted to employees upon approval of their supervisor.  Employees may apply Educational Leave through their supervisor and Administration.  Educational Leave is NOT to exceed four (4) hours a week for fifteen (15) weeks.

4.49        MATERNITY/PATERNITY LEAVE

Employees may be granted a family leave of absence not to exceed twelve (12) weeks. Such leave will be unpaid leave, but benefits other than salary or wages will be maintained.  Employees may use accrued leave available during this period. Employees do not accrue leave during this period, but benefits will be maintained.

If both parents are employed by the Board, their aggregate leave is limited to twelve (12) weeks for the birth of a child. If the leave is requested because of the illness of a child, each parent is entitled to twelve (12) weeks of unpaid leave. Employees are expected to follow the provisions of the Federal Family and Medical Leave Act, which supersede any contrary provisions in this policy, if applicable.

Employees are encouraged to report pregnancy as soon as possible so health can be safeguarded and plans can be made for temporary replacements.

4.50        FAMILY CARE LEAVE

Employees may be granted up to twelve (12) weeks of unpaid leave in any twelve (12) month period for the purpose of their own health condition or the birth or placement for adoption or foster care of a child, or to care for a family member which is defined as child, parent, or spouse who has a serious health condition.

The Board may require certification, on a periodic basis, of the family member's continuing serious health condition by the family members’ physician and/or a physician selected by the Board. Employees may use accrued leave available during the twelve (12) week unpaid leave. Employees are expected to follow the provisions of the Federal Family and Medical Leave Act, which supersede any contrary provisions in this policy, if applicable.

Ref: Family and Medical Leave Act of 1993, as amended.

4.51        MILITARY LEAVE

An employee will be allowed approved leave of absence from her/his duties without loss of status or efficiency rating while performing "ordered military duty," with full employment, and compensation reinstated upon return, as provided by law.

"Ordered military duty" means any military duty performed in the service of the United States or the State of South Dakota pursuant to orders issued by competent federal or state authorities with or without the consent of the employee.  This includes employees who are members of the National Guard or Reserves.

Military leave will be granted only when in the performance of ordered military duty or while reporting to and returning from such duty not to exceed a total of fifteen  (15) work days in any one calendar year.  If an employee is called to duty and has used all his/her military leave, the employee will be granted leave without pay on request or may be granted annual leave if s/he desires.

Military auxiliary members (ex: American Legion or V.F.W.) may be granted unpaid leave, at the discretion of the Principal with notification to immediate supervisor for purposes relating to their obligations, but may use personal leave, if available.

4.52        BEREAVEMENT LEAVE

For death in immediate family, up to three (3) days absence with pay may be granted by the lead administrator. Immediate family will be interpreted to mean first degree blood, relative, i.e., father, mother, son, daughter, sister, brother, uncle, aunt, grandmother, grandfather, grandchildren.   One (1) day will be granted for second degree blood relatives: first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, step-father, step-mother, step-son, step-daughter, step-brother, step-sister, half-brother, and half-sister.

One (1) day (day of funeral) will be granted for ‘Hunka’ relative.

One (1) day without loss of pay may be granted for extended family members at the discretion of the lead administrator, if annual leave is exhausted.

4.53        HOLIDAYS

Personnel will be provided paid holidays which shall include:

Independence Day, Labor Day,  Native American Day, Veteran's Day, Thanksgiving Day, Christmas Day, New Year's Day, Martin Luther King Day, Tribal President’s Day, Liberation Day (OST Ordinance 98-02), Memorial Day, Wounded Knee Massacre (OST Ordinance 01-01), and Little Big Horn Day.  If the holiday falls on a Saturday, the Friday before will be taken as a holiday. If the holiday falls on a Sunday, the Monday after will be taken as a holiday.  Only those holidays that fall within the time frame of the employment contract will be considered paid holidays.  Temporary employees are not paid for these holidays, the lead administrator has the authority to grant leave to temporary employees if warranted.

4.54        PROFESSIONAL PUBLISHING

Employees are encouraged to write and prepare professional material for publication in their areas of expertise. Employees who prepare material on their own time without use of school facilities or equipment are not required to submit such material for review prior to publication.

Employees who desire to copyright, patent, or market material prepared totally or partially on school time, will submit a-copy of such material to the Principal for review accompanied by:

1.             The names of persons who participated in preparation of the material;

2.             The percentage of duty time spent by these persons during preparation; and

3.             A statement as to whether royalties would be waived in any purchases of the material which might be made by the School.

The Board may authorize the sale of copies or reproduction rights to instructional material prepared by the School to other School systems, organizations or commercial firms. The Board may choose to own the copyright if the materials are produced for school use.

4.55        LABOR, TEACHER, OR EMPLOYEE UNIONS

Employees have the right to join or participate in the activities of organizations of their choosing; however, Isna Wica Owayawa/Loneman School does not participate in or recognize any formally-organized employee State, Federal, Tribal, or other labor union for the negotiation of employee salaries, fringe benefits, or any condition of employment. The Principal or her/his designee, and/or the employee’s supervisor may, however, informally consult with employees on an annual basis to acquire input into the formulation of employee salary schedules, fringe benefits, and conditions of employment which may be appropriate for the following year's work term.

4.56        POLITICAL ACTIVITY 

The Board recognizes and encourages the right of employees to be engaged in activities that exemplify good citizenship.  However, employment in the school will not be offered as a consideration for the support or defeat of any political party or candidate for public office (Tribal; local, Federal; State).  Employees are prohibited from using any school property or work time to further political purposes of any kind.

Employees will not have the right to engage in unorganized labor activities during the academic day, or when they are on school property, unless such activity is protected by and in conformity with federal law, including but not limited to the Indian Self-Determination Act and the Labor Management Relations Act. Unprotected or legally nonconforming behavior related to unorganized labor activities will be the subject of disciplinary action up to and including dismissal.

Social Media:

Isna Wica Owayawa/Loneman School recognizes the importance of social media for its employees, and acknowledges that its employees have the right under the First Amendment, in certain circumstances, to speak out on matters of public concern.  However, the Board will regulate the use of social media by employees, including employees personal use of social media, when such use: 1) interferes/disrupts with the work of Isna Wica Owayawa/Loneman School, 2) is used to harass coworkers or other members of the school community, 3) breaches confidentiality obligations of the school employees, 4) harms the goodwill and reputation of the school 5) violates the law, board policies and/or school rules and regulations.

4.57        NEWS RELEASES

News releases to the press of a non controversial nature and stories of general interest may be released through the office of the Administration.  When any newsworthy event or other subject is to be released that might stir controversy in the community, it must be submitted to the President of the Board prior to release.

4.58        CONFLICT OF INTEREST 

Employees of the School will be required to refrain from activities that conflict with the policies and procedures of the school, that may result in a conflict of interest, or that may interfere with job performance.  No employee will engage in or have a financial interest in any activity that conflicts or raises a reasonable question of conflict with her/his duties and responsibilities in the school system or engage in any type of private business during school time or on school property.

4.59        PUBLIC APPEARANCES

Personnel making public appearances not on behalf of the Board or Principal will take appropriate leave to do so. They will represent the school in a positive way.  False allegations regarding the School, School officials or employees are libelous or slanderous and will be grounds for disciplinary action, up to and including termination.

4.60        TUTORING PAY 

Teachers or other employees of the school will not receive money for tutoring students of the School if they have the responsibility for serving the student as a part of their regular job duties, and will, if  not paid for such tutoring, be allowed to use school facilities for the provision of such tutoring services.  If a teacher or employee does receive additional money for tutoring students of the School, then that teacher or employee will not be allowed to use the School’s facilities for the provision of such tutoring services, unless such tutoring is at the request of the School.

4.61        PERSONNEL EXTRA DUTY

Each certified staff member must assume his/her share of duties incidental to programs, extracurricular activities, or community involvement activities assigned by his/her supervisor.  However, there may be extra-duty contracts which are above and beyond expected duties as described above.  Such extra duty contracts will be specified and be advertised.  They may be issued for such extra duties as activity sponsorship, coaching, dance club, or other duties that require constant supervision, subject to the approval of the School Board.

The administrator responsible for extra duty contracts will be responsible for providing an orientation for all individuals having extra-duty athletic contracts.  Orientation will be provided to sponsors and coaches on expectations, rules, regulations, purchasing procedures, philosophy, excepted hours of employment, supervision, and other requirements.

Extra-duty contract payment will not be made until the activity has been completed, unless a payment schedule has been approved by the Board at the time of issuance.  Coaches will be evaluated annually following the completion of the coaching assignment.  The compensation rate will be established by the School Board and notice of the compensation rate will be included in any written extra-duty contracts.

4.62        GIFTS AND SOLICITATION

Employees of the School may not accept money, gifts, or gratuities from persons who vend to or receive benefits or services under Loneman School programs. In recognition of tradition, those gifts given as part of traditional custom are allowable.  In recognition and support of local customs, those gifts given as part of community activities or in exercise of Lakota customs, e.g., funeral giveaways, are allowed.

Employees will not sell, solicit for sale, or advertise for sale, merchandise, or services, or organize students for such purposes, without the approval of their respective supervisor.

NON-SCHOOL EMPLOYMENT

Employees have a primary obligation to competently perform the job for which they were employed by the Loneman.  Isna Wica Owayawa/Loneman School recognizes the right of individuals to meet their overall economic needs, and school staff may perform work extending beyond their basic employment responsibilities at the Isna Wica Owayawa/Loneman Schools long as these activities do not interfere with or reduce the work performance of the employee at the School, do not result in dual compensation of the employee, and do not cause poor public relations for the School.  

Before accepting a second job, employees must receive prior approval of the Principal.  Approval by the Principal is subject to the following conditions: (1) that Loneman School work requirements including necessary overtime will take precedence over employee’s other job; (2) employee’s job performance will not be sacrificed; (3) the School is not responsible for injuries or sickness resulting from employment outside the School; and (4) employees cannot work in a business which is in direct competition with the School.

4.63        COMMUNITY INVOLVEMENT

The creation of increased community involvement in support of the School’s activities is important. Therefore, all employees of the School are expected to commit and provide their fair share of time and effort in supporting and helping at the School/community activities and functions that are sponsored by the School without an expectation of additional compensation.  Community involvement and support is included as one of the primary criteria for employee performance evaluation, and employees will be required to identify specific activities that they will perform and/or assist with to enhance community involvement at the School to meet this evaluation criteria.

4.64        EMPLOYEE PROMOTION

Whenever new jobs are created or vacancies occur in a higher-rated position that may provide salary advancement, present employees who meet job qualifications may be eligible for consideration.

4.65        EMPLOYEE TRANSFER 

Personnel may transfer within the School on a voluntary or involuntary basis, unless position advertising restrictions prohibit such transfer. Transfer may not be used as a means of disciplinary action.

Voluntary:

Employees may request transfer of assignment from one department or job to another which may be granted when in the best interest of the employee and the school.  

Personnel wishing to transfer to another position within the school will notify the Principal of reasons for the request and the position to which transfer is desired. The Principal will refer the request for transfer to the Lead Principal who will make the final decision.

Involuntary:

If an involuntary transfer is in the best interest of the school, the Principal will discuss the need for a transfer with the immediate supervisor of the person involved and provide the Board with information concerning the need for a transfer. The Lead Principal will meet with the person(s) involved to discuss the reasons for a transfer and will make final recommendations concerning the transfer. Noncompliance with transfer request of the Board may result in loss of employment to person(s) involved. The Principal or lead administrator may consider maintaining the transferring employee's former salary, pay, or grade, but is not required to do so.

Transfers of support personnel will be made in the best interest of the school and employee preference may be considered. The Lead Principal may take into consideration the recommendation of the transferring employee's supervisor prior to transfer. If an employee is transferred to a vacant or soon-to-be vacant position, then the requirement for advertisement of that position is waived by the Board, and only the position being left vacant by the transferring employee will be advertised, unless the former position is the subject of a Reduction-in-Force.

4.66        REDUCTION IN FORCES

A reduction in force (RIF) is defined as a situation where staff reductions become necessary because of one of the following: (1) a position no longer serves the mission or purpose of Isna Wica Owayawa/Loneman; (2) reductions in funding sources have occurred; or (3) budget shortfalls have occurred or are reasonably projected.

The Board may lay-off an employee or may reduce an employee’s hours if a RIF is determined to be necessary.  The Board, whenever possible, will provide as much advance notice as possible to potentially-affected employees.

The Board will notify all personnel in writing as to their job status in any RIF action by the Board.

An employee laid off due to a RIF action may be given priority in hiring for job vacancies for which they are qualified. This priority for rehiring will end, in all cases, at the end of the school year in which the employee was RIFed.  The position offered may be at a lesser salary than the former salary of the RIFed employee, under conditions which are less than the former position of the RIFed employee, or may be a position for which the RIFed employee would normally consider himself or herself to be over-qualified. If a RIFed employee is offered a position, and that RIFed employee rejects it or fails to accept it within five (5) days, then Isna Wica Owayawa/Loneman School will not give the RIFed employee priority consideration for any further positions and obligations of Isna Wica Owayawa/Loneman School under this policy will cease. This preference for rehiring will also end when a RIFed employee accepts employment with Isna Wica Owayawa/Loneman School or any other organization.  All personnel must keep the Principal informed of their current mailing address in order for them to be eligible for employment.

 

In the event that RIF becomes necessary, the employee contract with Isna Wica Owayawa/Loneman School is considered to be lawfully terminated pursuant to the terms of the employee’s contract.

Employees who are laid-off or dismissed as a result of RIF shall not have access to the grievance system for employees.

4.67        PERSONNEL RESIGNATION

Any support employee (non-contract employee) may resign-at any time with consent of the Board. Support personnel wishing to voluntarily resign from their position will give written notice of separation to the Principal fourteen (14) calendar days prior to leaving their employment.

A contract employee may resign effective at the end of her/his current contract. If an administrator becomes aware of a situation which may constitute a possible resignation, that administrator will notify the Principal, who will then notify the Board within forty-eight (48) hours.

Once an employee has signed a contract, the employee may not terminate or cancel his/her contract, unless the Board has given its consent.   In cases where an employee has breached his/her contract by departing during the contract year, terminating or canceling the contract without the Board's consent, the Board may consider legal action.  The Board may levy a five (5) percent penalty on the financial value of the entire current contract of the certified employee as liquidated damages or as a salary penalty.  This amount may be deducted from any remaining salary due and owing to the employee.

4.68        RE-EMPLOYMENT

The Board will, whenever possible, notify an employee up for contract renewal or nonrenewal for the following year by the first Monday in May.  Failure of the Board to do so does not constitute an expressed or implied promise to renew the contract for the following year.

The employee must notify the Board in writing whether s/he accepts or rejects the re-employment offer within ten (10) calendar days following the date of notification.  Failure to provide the Board with such notification, writing new terms into the contract, or signing a contract under protest, will constitute a rejection of the contract offer and will mean that the employee is no longer entitled to the requirements of the RIF’s policy of this manual. Signing an offered contract constitutes proper notice of acceptance.

The contract employee’s supervisor is responsible for recommending contract renewal or non-renewal of teachers to the Principal for Board approval on or before May 1.

If an employee was subject to a layoff, rehiring will be carried out on the basis of the RIF policy.

4.69        PERSONNEL TIME SCHEDULE

The Board requires employees to report to work punctually as scheduled and to work all scheduled hours.

It is the responsibility of the supervisor to keep an accurate record of employee time and attendance and to discuss with the employee any difficulties that they may have in this area.

The regular daily time schedule for support personnel shall be from 8:00 AM to 4:30 PM during the regular work day for a minimum of eight (8) hours per day, unless otherwise indicated by the Board forty (40) hours constitutes a regular work week.  All full-time support personnel are expected to work 40 hours per week, on a schedule set by their supervisor. Supervisors may implement varying time schedules for support personnel based on the needs of the School after consulting with the employee and the Principal.

No staff or administrator is to have their own children, family members, friends or significant others at their duty station during the regular work day, unless authorized by the supervisor.  This includes children not of school age and school-age children.

4.70        PERSONNEL WORKLOAD

Workload of personnel shall be determined after consultation between the supervisor, Principal, and Board commensurate with needs of the school.

4.71        EMPLOYEE DISCIPLINE AND GRIEVANCE PROCEDURES 

A grievance is defined as a complaint of an employee concerning interpretation or application of a work-related policy, rule or regulation by supervisors or fellow employees.

Grievance procedures are to be available to the employee until exhausted under the policies and procedures of Loneman, if timely filed.  Any information concerning an employee grievance is to be held in strict confidence by Isna Wica Owayawa/Loneman School administration, staff and the grieving employee.  All written communications regarding any employee grievances shall be maintained in the employee's personnel file.

Employees are encouraged to attempt to informally resolve their complaints prior to filing a formal grievance.  This may be accomplished by contacting the employee’s immediate supervisor or if the supervisor is the subject of the complaint, then contacting the next supervisor in line.  This process shall continue until the grievance is received by the Board (the Board shall be considered to be the supervisor of the Principal).

At each level, the complaint will be heard and attempted to be resolved to the employee’s satisfaction.  If the employee is not satisfied with the informal resolution, then the employee must file a formal grievance with the Personnel Office of Loneman.  The formal grievance must be received by the Personnel Office within ten (10) calendar days of the date of the incident giving rise to the complaint, or the employee may not proceed any further within the grievance procedures of Loneman.

This ten (10) calendar day limitation includes the informal counseling period, so employees are reminded to file within ten (10) days, even if informal counseling is still continuing.  The ten (10) calendar day limitation is counted beginning the day after the alleged incident giving rise to the complaint.

4.72        GRIEVANCE COMMITTEE

Any regular full-time and regular part-time employee of Isna Wica Owayawa/Loneman School who has timely filed a formal grievance with the Personnel Office of Isna Wica Owayawa/Loneman School may request a hearing by the Grievance Committee, or may request that the Grievance Committee make a decision based upon the personnel record of the employee, the personnel record of the alleged subject of the complaint, and written statements of the grieving employee, including the alleged subject of the complaint and any other written document requested by the Grievance Committee.  The written statements shall be submitted within five (5) calendar days of the date of filing the grievance.

If a hearing is requested by the grieving employee, the employee shall request the hearing in writing, or by so indicating on a grievance form supplied by Loneman.  A hearing shall be granted and held within thirty (30) calendar days of the date of filing the grievance, unless the Grievance Committee states good cause for postponing the hearing.  

The members of the Grievance Committee shall be:

1.             The Principal or his/her designee, unless the Principal is the subject of the grievance, in which case another administrator shall be appointed.

2.             An employee who is not in the same department as the grieving employee.

3.             A teacher who does not teach the same grade as the grieving employee.

At the hearing, the grieving employee may be accompanied by one personal representative or by an attorney of her/his choosing.  The grieving employee has the right to put on evidence and testimony, cross-examine witnesses, and provide supporting documentation.  The rules of evidence and procedure shall not apply, but the Grievance Committee shall require that the hearing be conducted in an orderly fashion, with decorum and respect, and that the hearing be fair and impartial.  A tape recording of the hearing shall be taken and maintained by the Personnel Office.  Isna Wica Owayawa/Loneman School may be represented by its attorney or by its Principal, or the Principal’s designee.

The Grievance Committee may issue an oral decision at the end of the hearing, or it may choose to issue a written decision, which must be provided to the grieving employee within five (5) calendar days of the end of the hearing or later if the Grievance Committee states good cause for the delay.  Its decision shall constitute a final decision of the Grievance Committee.

4.73        APPEAL COMMITTEE

If an employee is dissatisfied with the decision of the Grievance Committee, the grieving employee may appeal to the Appeal Committee.  The appeal must be filed with the School or Administrator’s Office within five (5) calendar days of the date of the decision of the Grievance Committee.  If the employee fails to timely file, her/his appeal shall be dismissed.

The Appeal Committee shall be comprised of two members of the Board and one community member who is annually appointed by the President of the Board who will serve a one year term.  The Appeal Committee shall be appointed at the beginning of each new academic year by the Board.   The Appeal Committee shall meet once monthly as needed to hear employees grievances.  Once selected, the Appeal Committee shall set a date upon which these meetings will be consistently held, e.g. the third Wednesday of every month.  However, in the event of a conflict with the scheduled date, the Appeal Committee shall notify the appealing employees scheduled to have their appeal heard and reschedule the meeting within a reasonable time.  

An employee’s appeal shall be heard within thirty-five (35) days of the date of filing of the appeal by the appealing employee, unless the Appeal Committee states good cause for an extension of time within which to hold the hearing.  

The Appeal Committee shall not hear any new evidence or receive any new documents, but must make its decision based upon the record established by the Grievance Committee, including, but not limited to a transcript or tape of the Grievance Committee proceedings, and all of the files and documents considered by the Grievance Committee.

The appealing employee may be represented by a personal representative or an attorney of her/his choosing.  The employee must argue that the decision of the Grievance Committee was legally or procedurally flawed, and not argue or present new evidence.  Isna Wica Owayawa/Isna Wica Owayawa/Loneman School shall be represented by its attorney.

The appealing employee may request that a decision be made by the Appeal Committee on the Grievance Committed record, without an oral hearing.   If a hearing is requested, and the appellant fails to appear, the appeal shall be dismissed with prejudice and the decision of the Grievance Committee becomes the final decision of the Appeal Committee.  

The Appeal Committee may issue an oral decision at the end of the appeal hearing, or it may choose to issue a written decision, which must be provided to the appealing employee within five (5) calendar days of the end of the hearing.  The decision of the Appeal Committee shall constitute a final decision of Loneman, and no further appeals to the full Board shall be available.

4.74        PERSONNEL DISCIPLINE

The Board understands the value of progressive discipline in which employees are provided with notice of deficiencies and an opportunity to improve.  The progressive discipline procedures may be applied to an employee who is experiencing a series of problems involving job performance and/or behavior.  The Board reserves the right to ignore the progressive discipline procedures and immediately go to more serious discipline if the Board determines such discipline is warranted.

4.75        SUPERVISOR RESPONSIBILITY FOR ADMINISTRATION OF EMPLOYEE DISCIPLINE

The immediate supervisor of an employee is responsible for ensuring that each employee conducts duties and responsibilities in accordance with the personnel policies and procedures of Loneman. The immediate supervisor is responsible for administering and enforcing all disciplinary actions in the event that employee conduct and/or performance violates any of the personnel policies and procedures, code of ethics, or failure of the employee to competently perform their job responsibilities

4.76        EMPLOYEE CODE OF PROFESSIONAL ETHICS

All employees of Isna Wica Owayawa/Loneman School are expected to conduct duties and responsibilities in accordance to the Code of Professional Ethics, which is included in the ATTACHMENTS portion of this Personnel Policies and Procedures Handbook. Failure of any employee of the school to conduct duties and responsibilities in accordance with the Code of Professional Ethics may result in disciplinary action appropriate to any specific violation of these items, in accordance with disciplinary policies and procedures incorporated into this manual.

4.77        AUTHORITY FOR EMPLOYEE SUSPENSION AND DISMISSAL

An employee's immediate supervisor is responsible for recommending formal disciplinary action for suspension without pay or dismissal of an employee to the Board.  Only the Board has the authority to suspend an employee without pay, and only the Board has the authority to terminate an employee of Loneman.

4.78        EMPLOYEE SUSPENSION AND DISMISSAL PROCEDURES

In the event that an employee's immediate supervisor recommends to the Principal or Board that an employee under their supervision be suspended or terminated from employment, the supervisor shall be required to review this recommendation with the employee, and document in writing to the Principal or Board (with a copy to the employee) of the time, date, and description of the conduct of the employee that is the basis of the recommendation for suspension and/or termination of employment, previous remedies that have been implemented to improve the performance and/or conduct of the employee, and the recommended action to be taken.

A representative of the Principal or Board may meet with the employee and their immediate supervisor prior to approval of any action to suspend or recommend the termination of the employee to the Board or Principal. The Board or Principal will advise the employee and the employee’s immediate supervisor of the action taken, in writing, on the same day that the action is taken, unless the employee is unavailable.

All written communications regarding any employee suspension and dismissal procedures shall be maintained in the employee's personnel file.

4.79        EMPLOYEE SERIOUS MISCONDUCT

The Board or the Principal has the authority to immediately suspend and recommend the termination of an employee of the School for instances of serious misconduct, which is defined as, but not limited to, any act resulting in damage to academic personnel, students, or property, or actions by an employee which impact upon the financial integrity or community reputation of Loneman.

4.80        DISCIPLINARY ACTION

Disciplinary action may result from, but is not limited to, the following employee behavior:

(1)     Failure to competently and consistently perform duties that are the responsibility of the employee;

(2)     Theft, embezzlement, or willful misuse of school funding, property, or other school resources;

(3)     Failure to follow established employee grievance procedures;

(4)     Falsification of records or information about an employee, including one’s self, school funding, students, or staff;

(5)     Destroying school property;

(6)     Conviction of or pleading guilty to a felony;

(7)     Missing one (1) day of work without personally contacting his/her supervisor;

(8)     Chronic absenteeism, tardiness, or early departure from work;

(9)     Use of alcohol or other illegal drugs while on duty, or being under the influence of or having the use of alcohol or other illegal drugs while on duty which affects the safety and quality of services to students;

(10)     Sale or distribution to or consumption of illegal substances with students;

(11)     Sale, distribution, or consumption of alcohol with students who are not legally allowed to consume alcohol because of jurisdiction or age;

(12)     Concealing, removing, mutilating, obliterating, or destroying any school records or documents without expressed approval by appropriate authorities;

(13)     Violation of conditions of the employee contract between the employee and Loneman, which includes failure to follow established policies and procedures;

(14)     Lying or misrepresentation by an employee which has a negative impact on the administration of the School or the academic performance of the students;

(15)     Threatening or causing physical injury to students or personnel of the school;

(16)     Involvement with students ethically or morally prohibited by professional or community standards;

(17)     Insubordination;

(18)     Non-compliance with the Code of Ethics;

(19)     Possession of firearms, explosives, explosive devices, knives, or other dangerous weapons;

(20)     Sexual harassment;

(21)     Non-compliance with section on Personal Appearance;

(22)     Failure to follow mandatory reporting requirements on truancy, bullying and gang activity.

The above listed actions may be classified as serious misconduct if it is felt by the Principal or Board that the actions were sufficiently egregious.

4.81        PERSONNEL DISCIPLINARY PROCEDURES

The immediate supervisor of the employee may utilize the following procedure, unless violation involves serious misconduct or the school administration determines it is in the school’s best interest to circumvent these procedures, if an employee violates a policy:

Step 1:

a.     Meet with the employee to discuss the matter.

b.     Inform the employee of the nature of the problem and the action necessary to correct it.

c.     Written Documentation that a verbal reprimand has occurred shall be maintained by the supervisor.

Step 2:

a.     If situation does not improve, have another meeting with the employee to discuss the matter.

b.     Issue a written reprimand to the employee that shall include the reason(s) for the action, the expected improvement and a timeline for improvement.

c.     The supervisor shall warn the employee that a third incident may result in their suspension.

d.     A copy of the written reprimand shall be filed in the employee’s personnel file.

Step 3:

a.     Hold a third meeting with the employee to discuss the matter.

b.     Recommend suspension of the employee from work to the Board.

c.     The Board should issue a written suspension letter to the employee that shall include the reasons and the dates of the suspension.

d.     The Board shall warn the employee that another incident may result in termination.

e.     A copy of the suspension letter shall be filed in the employee’s personnel folder.

Step 4:

a.     Hold a fourth meeting with the employee to discuss the matter.

b.     Recommend termination of the employee’s contract to the Board.

c.     Provide all written documentation concerning the employee to the Board.

d.     The Board may proceed with the termination of the employee’s contract.

e.     Written notification will be made by the Board to the employee and will include the reason(s) for the disciplinary action, advise the employee of her/his right to timely file a grievance under Loneman’s grievance procedures.

Three or more written reprimands in an employee’s personnel folder may be grounds for immediate termination.

The Employee Assistance Program may be utilized during any step of the disciplinary procedures to correct the problem(s).  

Employees who believe they have been disciplined too severely or without good cause may use the grievance procedures.  Grievance procedures are not available to staff whose contracts have not been renewed, if the grievance is related to the non-renewal.

An employee’s record will be cleared of disciplinary violations if the employee works a full year without further action being instituted under this policy.

Employee dismissal may be appealed only by full-time employees through the employee grievance procedures.  

4.82        EMPLOYEE ASSISTANCE PROGRAM (EAP)

One mission of the Isna Wica Owayawa/Isna Wica Owayawa/Loneman School Corporation is to create a healthy working environment and recognize that health, emotional and social problems not directly associated with one’s job functions can have an effect on a teacher’s job performance, family and students.  It is further recognized that the education system is deprived of the full benefit of talent, experience and professional training when personal problems affect job performance or the coping ability of a teacher and staff.  Effectively helping and supporting competent teachers and staff is more beneficial than terminating their services in some cases because of a decline in work performance.

4.83        PURPOSE OF EAP

The program is intended to do the following:

1.  To assist all teachers and staff experiencing personal problems or concerns which may adversely affect their job performance.

2.  To assist teachers and staff at the earliest possible moment in remedying personal problems and concerns which may adversely influence their job performance by providing professional assistance.

3.  To promote the wellbeing of teachers and staff through activities, which are, designated to prevent problems and enhance work performance.

4.84        OBJECTIVES OF EAP

The program is intended to meet the following objectives:

1.  To establish and implement guidelines for dealing with any problem which may cause a decline in work performance.

2.  To inform teachers and staff about the program.

3.  To provide channels of correct and effective referral for assessment, treatment and follow up so as to ensure maximum assistance.

4.  To monitor effective policies and procedures governing confidentiality.

5.  To recommend and assist administration of appropriate training and in-service that would foster a healthy work environment.

4.85        EAP COORDINATING COMMITTEE

The EAP Coordinating Committee is comprised EAP personnel, three teachers, and three non-teaching staff members.  Teacher and staff members will be chosen by their peers for an annual term, these positions will be non-stipend positions.

The Terms of Reference of the Coordinating Committee are as follows:

1.  To review the structure of the program on an annual basis and make recommendations to the parties for adjustments where appropriate.

2.  To monitor the EAP on a regular basis.

3.  To define the referral procedure to be used for the EAP.

4.  To ensure that the program and its intent are communicated to all teachers, staff, and board members.

5.  To keep updated on employee assistance programs in other companies and geographical areas.

6.  To define the nature and scope of the EAP.

7.  To foster and advocate a violence free workplace for teachers, staff, and students of Isna Wica Owayawa/Isna Wica Owayawa/Loneman School.

8.  To suggest and plan in-service training pertaining to stress free workplace activities.

9.  To develop an annual evaluation of the EAP with this evaluation to be performed by all teachers and staff of Isna Wica Owayawa/Isna Wica Owayawa/Loneman School.

4.86        INTENT OF THE EAP POLICY

Teachers and staff who feel they have a problem are encouraged to seek confidential help through the EAP Coordinators on a voluntary basis.  Any decision on part of the teacher or staff member to seek help will be kept confidential and will not interfere with the teacher's employment.

The EAP attempts to prevent or correct job performance difficulties by providing help for the teacher or staff member at the earliest possible time.  It is not meant to interfere with the private life of a teacher or staff member.

In case an unsatisfactory job performance persists and the teacher or staff member has not availed him/herself the help through a voluntary referral, the Principal and/or Administrator will initiate a written referral to the EAP Coordinators.

The use of the EAP shall not interfere nor conflict with administrative decision where Isna Wica Owayawa/Isna Wica Owayawa/Loneman School personnel policies have been initiated.

4.87        EAP REFERRAL PROCEDURE

All teachers and staff members and their respective family members in appropriate cases of the Isna Wica Owayawa/Isna Wica Owayawa/Loneman School Corporation are eligible for the benefits attainable through the EAP.

1.   Emphasis will be placed on voluntary self-referrals.  Every effort will be made to encourage teachers and staff members, either through self-realization, helpful suggestions from co-workers, informal suggestions from the principal or administrator, or supervisor to initiate entry into the program by making contact with the Employee Assistance Coordinators.  This initial contact usually occurs by telephone or in person.  To provide confidentiality, the Coordinators may have private, direct phone access with a private voice mail service, or secure email message box.  The EAP Coordinator will meet with the teacher to make initial assessment of the problem.

2.  Another option is through the principal or supervisor who will meet as early as possible with the teacher to discuss privately the teacher or staff member’s documented deteriorating job performance and to inform the teacher or staff member of the Employee Assistance Program.  It is still up to the teacher/staff member to become voluntarily involved in the program.  If the teacher/staff member’s performance improves, and is maintained, and there is no longer a problem, no action will be taken.

3.  If the teacher/staff member fails to bring work performance up to an acceptable standard, then a second interview will take place.  This interview will be arranged in writing as a referral by the supervisor/administrator to the teacher/staff member with a copy sent to the EAP Coordinator.  Referrals at this point become mandatory referrals.

4.  If the teacher/staff member refuses to become involved in the Employee Assistance Program, the employer may consider other measures provided in the schools personnel policy and procedure handbook.

5.  When the teacher/staff member is referred, the EAP Coordinator will carry out an assessment session with the teacher to determine which resources may be used for ongoing counseling and/or assistance and arrange for an appointment with the appropriate source of assistance.

6.  The EAP Coordinator will keep the supervisor/administrator informed of the teacher/staff member’s participation in the program upon request when a written referral has been initiated.  The EAP Coordinator will keep confidential all other information aside from this request.

4.88        SUPERVISORS’ RESPONSIBILITIES WITH EAP

Supervisors, Administrator, Assistant Administrator, Principals

Due to the sensitivity of the employer/employee relationship, supervisors will refrain from diagnosing teacher problems, but are expected:

1.  To understand fully the Employee Assistance Program policy and referral procedures.

2.  To be alert to any change in work patterns.

3.  To document unsatisfactory work performance.

4.  To discuss any performance problem with the teacher/staff member in private, encouraging voluntary participation in the program but not diagnosing the causes.

5.  To prove the EAP Coordinator with a report on the teacher/staff member’s job performance leading to a mandatory referral.

6.  To maintain a strict level of confidentiality concerning information supplied by the teacher/staff member, as well as the teacher/staff members participation in the EAP program.

4.89        EAP PROGRAM COORDINATOR’S RESPONSIBILITY

1.  To meet with the teacher/staff member and to make a preliminary assessment of the problem(s).

2.  To refer the teacher/staff member to the appropriate resource person(s) and to maintain an ongoing contact and follow up with the teacher/staff member.

3.  To facilitate prompt referrals.

4.  To ensure that each referral is followed up.

5.  To maintain a strict level of confidentiality regarding all teacher/staff member and families involved in the program.

6.  To provide general reports on program participation (statistics and date) without identifying individuals, to the Employee Assistance Coordinating Committee or any other individual(s).

7.  To develop personal contact with and be familiar with diagnostic and treatment resources in the community and elsewhere.

8.  To become knowledgeable and develop a resource list that will include traditional healers and cultural teachers to be used in treatment.

   

4.90        SEXUAL HARASSMENT

The School will provide employees and students with a pleasant environment which encourages efficient, productive, and creative work. The Board recognizes that sexual harassment is illegal, unacceptable and will not be tolerated.  Any employee or student will be subject to disciplinary action including possible termination of employee or expulsion of student for violation of this policy.

DEFINITION:  Threatening or insinuating, either explicitly or implicitly, that a student’s or employee’s refusal to submit to sexual advances will adversely affect their employment, performance appraisal, compensation, advancement, assigned duties, condition of employment, career development or educational endeavors shall be considered sexual harassment. Other sexually harassing conduct in the school system is prohibited and includes:

1.     Unwelcome sexual flirtations, touching, advances, or propositions;

2.     Verbal abuse of a sexual nature, jokes or stories that the victim has previously or clearly          communicated are unwelcome;

3.     Graphic or suggestive comments about an individual's dress or body;

4.     Sexually degrading words to describe an individual; and

5.     The display of sexually suggestive objects or pictures, including photographs.

RESPONSIBILITY: Board members, employees, and students are responsible for maintaining a working and learning environment free from sexual harassment. In-service training will be provided for employees at the beginning of each school year to explain policy and law.

PROCEDURES: Any employee who believes she or he has been the victim of sexual harassment by another person on the School premises, during school hours, or at school related activities should report such incident immediately.  The teacher or counselor shall immediately report the incident to the Principal.  Employees shall report any incidents of sexual harassment to their immediate supervisor.  If the employee’s immediate supervisor is responsible for the harassment, the employee shall report the harassment to the supervisor of the employee’s supervisor, or to the Principal.  The supervisor is then responsible for reporting the information immediately to the Principal.  The school cannot take appropriate action if it does not receive notice of allegations of sexual harassment.

If sexual harassment behavior is found to exist, the individual participating in such behavior shall be disciplined appropriately, which may include any level of discipline up to and including termination.  If a full-time or part-time permanent employee disciplined due to sexual harassment, the employee may proceed with the established grievance procedures if he or she is dissatisfied.

 

Administration and others responsible for the implementation of this policy will respect the confidentiality and privacy of individuals reporting or accused of sexual harassment to the fullest extent possible.  It is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for being a witness in an investigation of a complaint of sexual harassment.  However, if it is discovered that a reporting party has made false allegations, that reporting party may also be appropriately disciplined, up to and including termination.

4.91        TELEPHONES

All incoming telephone calls will be answered and directed in a prompt, professional manner to project a positive image of the School and assure that customers and vendors are treated in a polite, satisfactory manner.

Although the receptionist is primarily responsible for answering the phones, everyone in the office who may be responsible for answering the phone will understand that answering the telephone correctly is a part of their job requirements. They will be proficient in using the system, transferring calls, and taking messages correctly.

Employees will use a professional, considerate phone manner. Employees will treat the caller the way the employee would like to be treated.  An employee will also be prompt in answering the telephone.  Generally a phone call will be answered within three (3) rings.

When answering the telephone, or paging employees, an employee will speak clearly, concisely, and professionally.  Callers will always be handled in a polite and courteous manner and will not be kept waiting.   For example, before putting a caller on hold, the person answering the phone will politely ask the caller if they mind being put on hold.  When the employee returns the employee will thank the caller for holding and ask them how you may direct their call. No one will wait on hold for more than forty (40) seconds.

All personnel are limited to local and administration-approved long distance calls.  Calls to (900) numbers are prohibited under any circumstances and violation shall be grounds for termination.

The use of personal cell phones is prohibited during ‘Tour of Duty’ hours and will not be allowed on school grounds.  Warnings and monetary penalties will be warranted for staff who are utilizing personal cell phones: 1) Verbal warning, 2) Written memo and copy in personnel file, 3) Monetary fine of $100 for continued use.

4.92        TRAVEL POLICY

Travel Authorization for any employee must be approved by their supervisor, the Business Manager and the Lead Administrator for any travel when conducting official school business. No travel will be paid without a completed and approved travel authorization.

Travelers will be advanced 85% of the completed Travel Authorization.

Meals and incidentals will be paid only on travel requiring an employee to be gone twelve (12) or more hours:

 

Per Diem rates shall be the same as current BIA travel rates and will be paid at three-fourths of the daily rate for the first and last day of travel and at the full rate on the other days.

Mileage for use of employee or Board members personal vehicle for official school business shall be paid at established Federal Travel Regulations. To receive mileage reimbursement employees or Board members must complete a mileage reimbursement sheet. Mileage will be based on actual miles, in the absence of actual mileage a standard mileage rate may be used. Every effort must be made to utilize school vehicles.

Travel reports will be based on actual receipts turned in the Accounts Payable Clerk. Receipts will include, but not be limited to: Lodging, Taxi, Shuttle, Car Rental, Registration, and Airport Parking Fees.  No handwritten receipts will be accepted as proof of lodging, meals or travel expenses.  Receipts will be originals, duplicate copies will not be accepted unless they are certified copies directly from the vendor.

Travel reports must be done within ten (10) business days of completion of the trip, unless other arrangements are made by the employee or Board member. If receipts are not turned in with a completed travel report, the travel expenses will not be reimbursed.

When a travel advance is given to an employee or School Board member and they do not attend, the travel advance will be deducted in its entirety from the employee’s next payroll check and a Board members stipend will be withheld to pay back the travel.  An employee or Board member will not be allowed to travel until all outstanding travel is paid in full.

All receipts will be turned into the Accounts Payable Clerk.

4.93        PERSONAL APPEARANCE

The Isna Wica Owayawa/Isna Wica Owayawa/Loneman School Board expects all employees to set a good example for our youth and make a favorable impression in their contacts with the general public.  All employees will be neat in personal appearance at all times and to be free from hickeys which may be visible to students when wearing appropriate clothing.  Employees will wear clothing appropriate for their jobs.  Employee dress will meet standards of health and safety, not be obscene or disrupt the education process, nor wear clothing that promotes illegal substances and/or alcohol or gang activity.

4.94        MANDATORY REPORTING

Pursuant to Oglala Sioux Tribe Resolution No. 69-42 and Ordinance No. 01-25, Isna Wica Owayawa/Isna Wica Owayawa/Loneman School and employees are mandated to report certain information to law enforcement regarding truancy and gang affiliation.  If an employee knows or has reported to them that a student is wearing gang colors, clothing or emblems or is participating in gang activities such as gang signs, graffiti, etc., that employee is required to immediately notify the Principal or Superintendent in writing of the information.  The administrators will determine what action will be taken against the respective student; however, the administrator(s) are required to notify local law enforcement in writing of the gang-related activity within five (5) working days of receiving the report.  Failure to comply with this section may result in disciplinary action, up to and including termination as the above cited ordinances impose criminal penalties for such a failure.

4.95        INTERNET USE

Administration will establish these guidelines and responsibilities for the staff and administration who are accessing the Internet using Isna Wica Owayawa/Isna Wica Owayawa/Loneman School equipment and/or telephone lines.  The primary goals are to:

  1. Protect the information assets of the Isna Wica Owayawa/Isna Wica Owayawa/Loneman School.
  2. Establish staff and student accountability and responsibility for the acceptable use of the Internet.
  3. Protect Isna Wica Owayawa/Isna Wica Owayawa/Loneman School from liability resulting from illegal use of the Internet.

Isna Wica Owayawa/Loneman School staff, students and other affiliated persons who use Isna Wica Owayawa/Loneman School computing facilities to access the Internet are expected to exercise responsible and ethical behavior, and will be held accountable for ensuring that such use:

  1. Is consistent with Isna Wica Owayawa/Loneman School values and policies.
  2. Protects the integrity and confidentiality of  Isna Wica Owayawa/Loneman School records and computer and electronic assets.
  3. Will be checked for proper use per computer log every 6 months with inventory check
  4. Does not violate any local, state or federal laws.

Failure to abide by this policy can result in cancellation of Internet access privileges, disciplinary review, and/or legal action.

Procedure:

  1. Each applicant requesting Internet access will read and sign the “Acceptable Use Policy,” and is responsible for knowing and understanding this policy.  A copy of the “Acceptable Use Policy” will be kept on file in an appropriate location.

        

  1. Students, staff and other associates who use the Internet will be informed of their responsibility to use the services of the Internet in a manner which is consistent with the service, quality and education goals of Isna Wica Owayawa/Loneman School before being granted access privileges.

  1. Abusive use of the Internet by Isna Wica Owayawa/Loneman School administration, staff, students or employees, including committing violations of tribal, federal, or state law, and/or the use of Isna Wica Owayawa/Loneman School equipment or telephone lines to engage in the procurement, storage, dissemination, or transfer in any fashion of pornography or lewd materials, photographs, visual depictions, or materials capable of being converted into visual depictions, will make that individual subject to immediate discipline, up to and including expulsion and/or termination.

5.00        Gun Free Schools Act

South Dakota law prohibits any person from possessing or storing a firearm on or in any elementary or secondary school premises, including school vehicles or buildings. There is no exception for concealed weapon permit holders.

The current Gun Free School zone Act (GFSA), effective January 8, 2002, requires states receiving certain federal funds have laws requiring local educational agencies to adopt a policy on carrying/possessing guns in a school zone. “School” is defined as “any setting that is under the control and supervision of the local educational agency for the purpose of student activities approved and authorized by the local educational agency.  The School Board and Isna Wica Owayawa/Loneman School abides by this law.  

The Board or the Principal has the authority to immediately suspend and/or recommend the termination of an employee of the School for instances of serious misconduct, which is defined as, but not limited to, the integrity or community reputation of Isna Wica Owayawa/Loneman School.