Douglas County School District

 

Learn today. Lead Tomorrow.

 

 

 

Administrator’s Guide

for

Employee’s Performance

  

 

 

 

 

 

 

 

 

 

 

 

Effective July 1, 2009

Office of Human Resources

Douglas County School District Re.1

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1

 

Table of Contents

 

 

 

Table of Contents………………………………………………………………………………………………….1

 

A Guide for Improved Performance and Corrective Discipline - Licensed Employees. . . . . . . . . . . . . . . . . . . . . 2

A Guide for Improved Performance and Corrective Discipline - Classified Employees. . . . . . . . . . . . . . . . . . . . 7

 

Letter of Concern Template - Licensed Employee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Letter of Concern Sample - Licensed Employee………………………………………………………………. .13

Letter of Direction Template - Licensed Employee…………………………. . . . . . . . . . . . . . . . . . . . . . . . . . .15

 

Letter of Direction Sample - Licensed Employee………………………………………………………

.

. . . . . 16

 

Letter of Reprimand Template - Licensed Employee……………………………………………………………18

Letter of Reprimand Sample - Licensed Employee……………………………………………………………...19

Letter of Concern Template - Support Staff Employee………………………………………………………….21

o

Letter of Direction Template - Suppport Staff Employee……………………………………………………….22

Letter of Reprimand Template - Support Staff Employee……………………………………………………….23

Administrative Leave with Pay Checklist - Licensed…………………………………………………………. . 24

Administrative Leave with Pay Checklist - Classified/ATU. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25

Reasonable Suspicion - Classified/Certified Controlled Substance/Alcohol Testing Protocol. . . . . . . . . . . . . . .26

Investigation Steps……………………………………………………………………………………………….29

 

Investigation Protocol……………………………………………………………………………………………30

DCSD Behavior Expectations……………………………………………………………………………………31

DCSD Core Values………………………………………………………………………………………………32

Child Abuse Indicators Chart…………………………………………………………………………………… 33

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A Guide for Improved Performance and Corrective Discipline - Licensed

 

This guide is a District document that was developed in a collaborative effort between the Department of

Human Resources and the Douglas County Federation (DCF). The purpose of this document is a resource to

assist administrators in effectively managing matters pertaining to corrective actions and discipline. It is

anticipated that this guide will be a resource for licensed employees as well.

 

The evaluation system and procedures do not create any contract of employment or employment for a definite

term. The contents of the evaluation or disciplinary letters and the procedures followed are not grievable.

However, if an employee disagrees with the content of the evaluation/letter, he or she may prepare a written

statement, which, if any remaining differences are not resolved between the employee and the evaluator, will be

added as an attachment to the evaluation/letter, and become a part of the employee’s file.

 

This guide does not specifically cover coaching/counseling/verbal warnings, which can be given at any time

without any formal procedures, or recommendations to the Superintendent that a licensed employee be

dismissed under the Licensed employee Employment, Compensation and Dismissal Act of 1990, Article 63 of pl

Title 22, Colorado Revised Statutes.

 

As you review this guide, administrators are encouraged to consult the resources that are available to help them

work through individual situations. It is the Department of Human Resources and the DCF’s goal to provide

technical assistance to help administrators make the best decision about what type of correction is necessary to a

improve a licensed employee’s conduct and/or performance. The intent of this document is to help make the

difficult decision that corrective action has not resulted in the desired improvement and a recommendation for

non-renewal or dismissal if appropriate.

 

A. Goals

 

1.

  

Licensed employees hold the key to our success in achieving the Board of Education’s End Statements

and Executive Limitations.

2.

  

To ensure quality instruction by our licensed employees, the District intends administrators follow

processes that will result in prompt, reasonable, and fair resolution (good faith effort) of matters related

to the correction of licensed employees performance and/or misconduct.

 

B. Matter of Concern/Investigation

 

1. A matter of concern that may give rise to licensed employee corrective discipline must first come to the

attention of an administrator. Matters of concern regarding a licensed employee may be expressed

verbally or in writing to a school administrator. A school administrator may also determine matters of

concern exist with a licensed employee based upon his/her observations, documentation, interviews, or

dialogue with the licensed employee. A matter of concern can arise from internal school issues and/or e

external issues.

 

COMPLAINTS AGAINST LICENSED EMPLOYEES. A licensed employee’s official

evaluator shall work with the licensed employee to address the concerns of a specific individual

about a licensed employee’s performance. The goal is to maintain professional relationships and

support licensed employee performance, while remaining responsive to the community.

Complaints by an individual other than the evaluator shall not be used in the evaluation process

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unless the following conditions have been met:

Note: A complaint is not data or information

solicited by a school administrator for the purpose of investigation or evaluation.

 

a. When possible, the complaint should be in writing. If this is impossible, the evaluator shall

reduce the complaint to writing and paraphrase the issues as specifically as possible.

 

b. The evaluator will review the written complaint with the licensed employee within five (5)

school days and provide the licensed employee with a copy of the written specifics.

 

c. The complaints must correlate with the professional indicators for licensed employees within e

the licensed employee Evaluation Tools.

 

d. The evaluator shall investigate the complaint and determine the complaint is inconclusive,

valid, or invalid. The evaluator shall provide the licensed employee with a written record of their

determination in a timely manner.

 

e. Records of complaints found invalid or inconclusive will be purged from the licensed

employee’s file. Records the district reasonably believes need to be kept to protect the District t

from possible litigation (i.e., sexual harassment, child abuse, reckless endangerment) will be ., s

forwarded to the appropriate Douglas County agency and/or central office department. Such

records will not be used in the licensed employee’s evaluation or included in his/her permanent

files.

 

2.l

 

Investigations

 

The District shall investigate the matter of concern to gather information. The investigation will

typically be conducted by the supervising Principal, but may be conducted by some other person

designated by the District. The investigation shall be concluded as expeditiously as possible.

 

a. Upon providing notice of the complaint as referenced above, the licensed employee may be

questioned regarding the allegation, immediately if appropriate, as part of the investigation. The

licensed employee may also be provided an opportunity to respond as soon as possible at a date, time

and location to be determined by the District. The licensed employee shall cooperate with the

investigation, and under no circumstances engage in unlawful or prohibited retaliation against any

complainant.

 

b. The Human Resources Director shall determine whether administrative leave with pay is necessary t

to protect the interests of students, the licensed employee, or other staff, or to conduct an appropriate

investigation. It will ordinarily be deemed necessary to place the licensed employee on paid

administrative leave only in connection with pending investigations of serious allegations, such as e

those that, if subsequently proven, might lead to non-renewal or recommendation to dismiss under

State Statute. Administrative leave with pay is not a punitive or corrective action, and is not an

indicator that a matter has been prejudged.

 

c. If leave is determined to be necessary, the Department of Human Resources shall:

 

1. Give the licensed employee the specific allegation(s) of misbehavior and the basic reason

why the leave is deemed necessary, when possible.

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2. Provide the licensed employee a copy of the administrative leave checklist (see Appendix 1)

and review it with the licensed employee. The licensed employee shall sign the

administrative leave checklist for receipt acknowledgment purposes, and a copy of the

document shall be provided to the licensed employee. The licensed employee is advised to

bring a DCF representative to this meeting.

 

3. At the licensed employee’s request, allow the licensed employee the opportunity to respond d e

to the allegations that caused the licensed employee to be put on leave at a meeting set by the

District. The licensed employee may be represented by DCF at that meeting. This meeting

may, at the discretion of the Human Resources Department, be combined with the meeting

referenced above.

 

4. The Department of Human Resources will keep the licensed employee and DCF informed as

to the progress of the investigation and duration of leave.

 

 

d. If administrative leave is not necessary, the Principal and/or Human Resources Department will

obtain relevant information and documents from appropriate sources including the licensed

employee and conclude the investigation as expeditiously as possible.

 

e.

  

The Human Resources Department shall review all the evidence gathered, including any response

provided by the licensed employee, and preliminarily determine if corrective action may be

necessary. See below.

 

3. Resolution

 

a. Determination of No Corrective Action.

If no corrective action is deemed necessary, the District shall provide such notice and information to

the licensed employee and DCF as appropriate to close out the investigation.

 

b.

  

Determination that recommendation for dismissal under the State Statute is warranted.

All such actions are governed by State Statute and not by this guide.

 

c. Preliminary Determination of Corrective Action.

If corrective action may be deemed necessary, the District shall follow the guidelines outlined

below.

 

4. Corrective Action Guidelines

 

a. This guide does not determine what level of discipline should be imposed or that any particular

progression of discipline be followed. The District or School Administration should use corrective ne

action when a licensed employee has performance issues or engaged in misconduct or violated a

directive, work rule, Board or school policy, or job duty, or where other good and just cause exists.

Work rules and directives should be communicated verbally or in writing to the licensed employee, and

cannot conflict with law, District policy, or the terms of the Contract. Appropriate corrective action

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should be imposed promptly and not deferred until the licensed employee evaluation process is d be

completed.

 

b. Provide Notice: An Administrator and/or Human Resources Director will inform the licensed employee

of the preliminary intent to consider imposition of corrective action, and schedule a meeting at which the ons

licensed employee may be accompanied by a DCF representative. At that meeting, to the extent it has

not already occurred, the licensed employee shall be given an opportunity to respond to the allegations i

and the investigation results, which the Administrator/Human Resources Director will share with the

licensed employee at that time. If the licensed employee fails to meet with the Administrator and/or

Human Resources Director at the designated date, time and location, such failure will not limit the i

District’s right to implement corrective action in accordance with this guide. Upon consideration of any

additional information/response provided by the licensed employee at the meeting, the

Administrator/Human Resources Director shall complete any necessary follow-up to the investigation,

and then determine if corrective action will be imposed. The Administrator/Human Resources Director

may render the decision (e.g., determination that no corrective action is necessary, issuance of a Letter r

of Concern, Letter of Direction, or a Letter of Reprimand with/without suspension without pay) at the

conclusion of that meeting. Alternately, the Administrator/Human Resources Director may schedule a

separate meeting for the specific purpose of rendering the decision to the licensed employee. At any

subsequent meeting, the licensed employee is advised to be accompanied by a DCF representative.

     

c. Corrective action may include one or a combination of the following:

 

1. Letter of Concern: A Letter of Concern constitutes written notice to the licensed employee that

professional indicators from the evaluation tools are not being met which may result in additional

corrective action up to and including non-renewal and/or dismissal. These performance issues may

have been identified through observation, documentation, or through interviews. The document will

include: the licensed employee’s name; date; facts of the matter; any previous discussions and

instructions with the licensed employee on the performance issues; professional indicators that are

not being successfully met; impact to student/school/parents; suggestions/directives for s

improvement and the actions to be taken; a reasonable period of time to correct performance;

additional corrective action for failure to correct the performance issues; and a statement advising i

the licensed employee of the right to attach a written rebuttal (the contents of a letter of concern are

not grievable). A copy of this is to be sent to a Director of Human Resources, the Director of

Schools, and the DCF. At the discretion of the Principal, and if referenced in the final evaluation,

the Letter of Concern may be placed in a licensed employee’s permanent file in Human Resources.

If the licensed employee refuses or fails to sign the copy of the Letter of Concern, improvement is

still required and the letter will still be placed in the licensed employee’s personnel file with an l

indication that the licensed employee refused to sign it.

 

2. Letter of Direction: A Letter of Direction constitutes written notice to the licensed employee that

certain types of behavior are prohibited and that future misconduct may result in more serious

corrective action or other discipline up to and including non-renewal and dismissal. The document

will include: the licensed employee’s name; date; facts of the behavior/situation and the

investigatory conclusions (what, where, when, who); any previous discussions and instructions with

the licensed employee on this situation; behavior/situation needing improvement; the actions to be

taken; a reasonable period of time, if appropriate, to correct behavior; the consequences for failure to

correct the behavior; and a statement advising the licensed employee of the right to attach a written

rebuttal (the contents of a Letter of Direction are not grievable). A copy of this is to be sent to a

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Director of Human Resources, the Director of Schools, and the DCF. At the discretion of the

Principal, and if referenced in the final evaluation, the Letter of Direction may be placed in a

licensed employee’s permanent file in Human Resources. If the licensed employee refuses or fails to n R

sign the copy of the Letter of Direction, improvement is still required and the letter will still be

placed in the licensed employee’s personnel file with an indication that the licensed employee

refused to sign it.

 

3. Letter of Reprimand: A Letter of Reprimand, which is a serious consequence, provides written

notice to the licensed employee that certain types of behavior are prohibited and that future

misconduct will result in more serious corrective action or other discipline up to and including e

suspension without pay, non-renewal, or dismissal. The Letter of Reprimand should include the

same information referenced above which is contained in a Letter of Direction. A copy of a Letter of

Reprimand is placed in the licensed employee’s personnel file. The licensed employee must be

provided with an opportunity to review the Letter of Reprimand and to sign the copy of the letter as

an acknowledgment of receipt. If the licensed employee refuses or fails to sign the copy of the letter,

improvement is still required and the letter will be placed in the licensed employee’s personnel file

with an indication that the licensed employee refused or failed to sign it.

 

Note: The distinction between a Letter of Concern, Letter of Directive and Letter of

Reprimand:

 

* A Letter of Reprimand is placed in the licensed employee’s personnel file whereas a Letter of

Concern and Letter of Directive may be placed, at the discretion of the Principal.

 

* A Letter of Reprimand is usually reserved for serious or repeated infractions.

 

4. Suspension without Pay: In the event of egregious behavior, blatant insubordination, or failure to

correct issues addressed in a previous letter of reprimand, a licensed employee may be suspended

without pay as a sanction for the licensed employee’s actions or inaction, for a period of time not to he

exceed 5 licensed employee work days. A suspension will be implemented by providing the

licensed employee with a written decision, which may be included in the Letter of Reprimand, i

finding that the District, has determined that suspension of the licensed employee is appropriate for a

specified period of time. The duration (1-5 days) of the suspension will be determined at the

discretion of the District in consultation with DCF based upon the severity of the particular situation

under consideration.

 

Miscellaneous

 

1. Return to work: Administration and/or a Human Resources Director will meet with licensed employee

who returns to work after administrative leave with pay or suspension without pay to transition the

licensed employee back into the classroom to ensure high quality and continuity of instruction.

 

2. The failure of the Principal or his/her designee to follow any of the requirements contained in this

document does not limit the Board of Education’s right to non-renew a probationary licensed employee

or dismiss a regular status licensed employee under State Statute.

 

 

 

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A Guide for Improved Performance and Corrective Discipline –

  

Classified Employees

 

 

 

The purpose of this document is a resource to assist supervisors in effectively managing matters pertaining to

corrective actions and discipline. It is anticipated that this guide will be a resource for employees as well.

 

The evaluation system and procedures do not create any contract of employment or employment for a definite

term. The contents of the evaluation or disciplinary letters and the procedures followed are not grievable.

However, if an employee disagrees with the content of the evaluation/letter, he or she may prepare a written

statement, which, if any remaining differences are not resolved between the employee and the evaluator, will be

added as an attachment to the evaluation/letter, and become a part of the employee’s file.

 

This guide does not specifically cover coaching/counseling/verbal warnings, which can be given at any time

without any formal procedures, or recommendations that an employee be dismissed.

 

The intent of this document is to help make the difficult decision that corrective action has not resulted in the

desired improvement and a recommendation for non-renewal or dismissal if appropriate.

 

A. Goals

 

3.

  

Employees hold the key to our success in achieving the Board of Education’s End Statements and

Executive Limitations.

4.

  

To ensure quality performance by employees, the District intends evaluators will follow processes that

will result in prompt, reasonable, and fair resolution (good faith effort) of matters related to the

correction of the employee’s performance and/or misconduct.

 

B. Matter of Concern/Investigation

 

1. A matter of concern that may give rise to an employee’s corrective discipline must first come to the

attention of a supervisor. Matters of concern regarding an employee may be expressed verbally or in of

writing. A matter of concern can arise from internal and/or external issues.

 

 

Complaints Against Employees

. An employee’s evaluator will work with the employee to na

address the concerns of a specific individual. The goal is to maintain professional relationships

and support the employee’s performance, while remaining responsive to the community.

Complaints by an individual other than the evaluator shall not be used in the evaluation process

unless the following conditions have been met:

Note: A complaint is not data or information

compiled or solicited by an evaluator for the purpose of investigation or evaluation.

 

a. When possible, the complaint should be in writing. If this is impossible, the evaluator shall

reduce the complaint to writing and paraphrase the issues as specifically as possible.

 

b. The evaluator will review the written complaint with the employee within five (5) work days e

and provide the employee with a copy of the written specifics.

 

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c. The evaluator shall investigate the complaint and determine the complaint is inconclusive,

valid, or invalid. The evaluator shall provide the employee with a written record of their

determination in a timely manner.

 

d. Records of complaints found invalid or inconclusive will be purged from the employee’s file.

Records the District reasonably believes need to be kept to protect the District from possible

litigation (i.e., sexual harassment, child abuse, reckless endangerment) will be forwarded to the r

appropriate Douglas County agency and/or central office department. Such records will not be

used in the employee’s evaluation or included in his/her permanent files.

 

3.

  

Investigations

Note: The Reasonable Suspicion section of this guideline. If investigation includes reasonable suspicion of

an employee using

or being under the influence

of a controlled substance or alcohol at a school or on

DCSD property, see*

 

The District shall investigate the matter of concern to gather information. The investigation will

typically be conducted by the supervisor, but may be conducted by some other person designated by the

District. The investigation shall be concluded as expeditiously as possible.

 

a. Upon providing notice of the complaint as referenced above, the employee may be questioned

regarding the allegation, immediately if appropriate, as part of the investigation. The employee may

also be provided an opportunity to respond as soon as possible at a date, time and location to be

determined by the District. The employee shall cooperate with the investigation, and under no

circumstances engage in unlawful or prohibited retaliation against any complainant.

 

b. The Human Resources Director shall determine whether administrative leave with pay is necessary

to protect the interests of students, the employee, or other staff, or to conduct an appropriate

investigation. It will ordinarily be deemed necessary to place the employee on paid administrative

leave only in connection with pending investigations of serious allegations. Administrative leave

with pay is not a punitive or corrective action, and is not an indicator that a matter has been

prejudged.

 

c. If leave is determined to be necessary, the Department of Human Resources shall:

 

1. Give the employee the specific allegation(s) of misbehavior and the basic reason why the

leave is deemed necessary, when possible.

 

2. Provide the employee a copy of the administrative leave checklist (see Appendix 1) and

review it with the employee. The employee shall sign the administrative leave checklist for

receipt acknowledgment purposes, and a copy of the document shall be provided to the

employee.

 

3. At the employee’s request, allow the employee the opportunity to respond to the allegations

that caused the employee to be put on leave at a meeting set by the District. The employee o

may be represented by the Union at that meeting. This meeting may, at the discretion of the U

Human Resources Department, be combined with the meeting referenced above.

 

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4. The Department of Human Resources will keep the employee informed as to the progress of

the investigation and duration of leave.

 

d. If administrative leave is not necessary, the supervisor and/or Human Resources Department will

obtain relevant information and documents from appropriate sources including the employee, and

conclude the investigation as expeditiously as possible.

 

f.

  

The Human Resources Department shall review all the evidence gathered, including any response

provided by the employee, and preliminarily determine if corrective action may be necessary. See

below.

 

3. Resolution

 

a. Determination of No Corrective Action.

If no corrective action is deemed necessary, the District shall provide such notice and information to

the employee, as appropriate, to close out the investigation.

 

c.

  

Determination for dismissal.

 

c. Preliminary Determination of Corrective Action.

If corrective action may be deemed necessary, the District shall follow the guidelines outlined

below.

 

4. Corrective Action Guidelines

 

a. This guide does not determine what level of discipline should be imposed or that any particular

progression of discipline is followed. The District or supervisor should use corrective action when an

employee has performance issues or engaged in misconduct or violated a directive, work rule, Board or

site policy, or job duty, or where other good and just cause exists. Work rules and directives should be

communicated verbally or in writing to the employee, and cannot conflict with law, District policy, or

the terms of the Contract. Appropriate corrective action should be imposed promptly and not deferred c

until the employee evaluation process is completed.

 

b. Provide Notice: A Supervisor and/or Human Resources Director will inform the employee of the

preliminary intent to consider imposition of corrective action, and schedule a meeting at which the ons

employee may be accompanied by a Union representative. At that meeting, to the extent it has not

already occurred, the employee shall be given an opportunity to respond to the allegations and the

investigation results, which the Supervisor/Human Resources Director will share with the employee at

that time. If the employee fails to meet with the Supervisor and/or Human Resources Director at the

designated date, time and location, such failure will not limit the District’s right to implement corrective

action in accordance with this guide. Upon consideration of any additional information/response

provided by the employee at the meeting, the Administrator/Human Resources Director shall complete

any necessary follow-up to the investigation, and then determine if corrective action will be imposed.

The Supervisor/Human Resources Director may render the decision (e.g., determination that no

corrective action is necessary, issuance of a Letter of Concern, Letter of Direction, or a Letter of

Reprimand with/without suspension without pay) at the conclusion of that meeting. Alternately, the

Supervisor/Human Resources Director may schedule a separate meeting for the specific purpose of

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rendering the decision to the employee. At any subsequent meeting, the employee may request to be he

accompanied by a Union representative.

     

c. Corrective action may include one or a combination of the following:

 

1. Letter of Concern: A Letter of Concern constitutes written notice to the employee that professional

indicators from the evaluation tools are not being met which may result in additional corrective

action up to and including dismissal. The document will include: the employee’s name; date; facts

of the matter; any previous discussions and instructions with the employee on the performance

issues; professional indicators that are not being successfully met; impact to site/dept./co-workers; e

suggestions/directives for improvement and the actions to be taken; a reasonable period of time to

correct performance; additional corrective action for failure to correct the performance issues; and a

statement advising the employee of the right to attach a written rebuttal (the contents of a letter of he

concern are not grievable). A copy of this is to be sent to a Director of Human Resources. At the

discretion of the Supervisor, and if referenced in the final evaluation, the Letter of Concern may be

placed in the employee’s permanent file. If the employee refuses or fails to sign the Letter of

Concern, improvement is still required and the letter will still be placed in the employee’s personnel

file with an indication that the employee refused to sign it.

 

2. Letter of Direction: A Letter of Direction constitutes written notice to the employee that certain types i

of behavior are prohibited and that future misconduct may result in more serious corrective action or

other discipline up to and including dismissal. The document will include: the employee’s name;

date; facts of the behavior/situation and the investigatory conclusions (what, where, when, who); any

previous discussions and instructions with the employee on this situation; behavior/situation needing nd i

improvement; the actions to be taken; a reasonable period of time, if appropriate, to correct behavior;

the consequences for failure to correct the behavior; and a statement advising the employee of the o c

right to attach a written rebuttal (the contents of a Letter of Direction are not grievable). A copy of

this is to be sent to a Director of Human Resources. At the discretion of the Supervisor, and if

referenced in the final evaluation, the Letter of Direction may be placed in an employee’s permanent

file. If the employee refuses or fails to sign the copy of the Letter of Direction, improvement is still

required and the letter will still be placed in the employee’s personnel file with an indication that the

employee refused to sign it.

 

3. Letter of Reprimand: A Letter of Reprimand, which is a serious consequence, provides written

notice to the employee that certain types of behavior are prohibited and that future misconduct will

result in more serious corrective action or other discipline up to and including suspension without

pay or dismissal. The Letter of Reprimand should include the same information referenced above a

which is contained in a Letter of Direction. A copy of a Letter of Reprimand is placed in the

employee’s personnel file. The employee must be provided with an opportunity to review the Letter

of Reprimand and to sign the copy of the letter as an acknowledgment of receipt. If the employee

refuses or fails to sign the copy of the letter, improvement is still required and the letter will be

placed in the employee’s personnel file with an indication that the employee refused or failed to sign

it.

 

             

 

 

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Note: The distinction between a Letter of Concern, Letter of Directive and Letter of

Reprimand:

 

* A Letter of Reprimand is placed in the employee’s personnel file whereas a Letter of

Concern and Letter of Directive may be placed, at the discretion of the Supervisor in the e

supervisor’s working file.

 

* A Letter of Reprimand is usually reserved for serious or repeated infractions.

 

4. Suspension without Pay: In the event of egregious behavior, blatant insubordination, or failure to

correct issues addressed in a previous letter of reprimand, an employee may be suspended without

pay as a sanction for the employee’s actions or inaction, for a period of time not to exceed 5 work

days. A suspension will be implemented by providing the employee with a written decision, which

may be included in the Letter of Reprimand, finding that the District, has determined that suspension

of the employee is appropriate for a specified period of time. The duration (1-5 days) of the s

suspension will be determined at the discretion of the based upon the severity of the particular

situation under consideration.

 

Miscellaneous

 

1. Return to work: The Supervisor and/or a Human Resources Director will meet with employee who

returns to work after administrative leave with pay or suspension without pay to transition the employee

back into his/her position to ensure high quality and continuity of performance.

 

2. The failure of the Supervisor or his/her designee to follow any of the requirements contained in this

document does not limit the District’s right to dismiss an employee.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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12

 

Letter of Concern Template – Licensed Employee

 

 

To be personally delivered to licensed employee

Date:

Re: Professional Performance Concern

Dear (licensed employee’s name)

 

Facts of the matter:

 

(describe performance concerns)

 

Previous discussions, and instructions with the licensed employee, if any, on these performance concerns:

 

(list conversations, emails, meetings, etc. and date)

 

Professional Indicators that are not being successfully met:

 

(list specific indicators from evaluation tools)

 

Impact to student/school/parents:

 

(student learning, classroom management, communication, relationships, leadership, etc.)

 

Suggestions/directives for improvement and actions to be taken:

 

(describe recommended action to improve performance and suggest resources)

 

Reasonable period of time to improve performance:

 

(date by which performance must be improved and sustained)

 

Additional corrective action for failure to improve performance:

 

(future corrective actions)

 

Statement advising the licensed employee of the right to attach a written explanation

 

 

A copy of this letter may be placed in your personnel file at the end of this evaluation process.

    

The contents of the Letter of Concern

and the procedures followed are not grievable. However, if an employee disagrees with the content of the Letter, he or she may

prepare a written statement, which, if any remaining differences are not resolved between the employee and the evaluator, will be e

added as an attachment to the evaluation, and become a part of the employee’s file. If you refuse or fail to sign the copy of the letter, a

copy of the letter may be placed in your personnel file with an indication that you refused or failed to sign the letter.

  

With this letter, I am giving you an opportunity to improve your performance.

 

Cordially,

 

Principal: ______________________________ Date: _______________________

 

I have had an opportunity to review this letter of concern, receive a copy and, if applicable, provide a written rebuttal.

 

Licensed employee: _______________________________ Date: __________________

 

 

 

 

C:

Director of Schools

Director of Human Resources

Douglas County Federation

Principal’s working file

 

 

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13

 

Letter of Concern Sample – Licensed Employee_

 

 

 

 

DATE: October 1, 2008

TO: Licensed Employee

RE: Professional Performance Concern

 

The purpose of this letter is to communicate with you my continuing and growing concerns with your performance as a third grade

teacher. Based on my two observations in your classroom this Fall, I have concerns regarding the following performance issues:

1.

  

Clear objectives shared with students so they know the purpose of the lessons/activities;

2.

  

Student movement limited and off-task behavior stopped quickly;

3.

  

A focus on quality work with exemplars available to students so they know what ‘good’ looks like;

4.

  

Student accountability for producing quality work;

5.

  

Focused and differentiated assignments for individuals.

 

As you know, strategies focused on these topics have been discussed at staff meetings and school-wide expectations in these areas are

clear. Additionally, we discussed my concerns after your formal observations (9/10/08, 9/25/08). I also provided you with informal

coaching around these concerns early in September.

  

The performance concerns that need to be addressed and improved are specifically related to the following professional indicators in

the Summative Evaluation Tool:

1.2

  

Demonstrates instructional practices that meet individual student learning needs.

1.6 Creates a learning environment which provides students opportunities to be responsible citizens as defined by the Board of

Education End Statement (leadership, student ownership, involvement and participation).

3.2 Continuously learns about and develops knowledge of content and pedagogy.

3.3 Implements new understandings to improve instructional programming.

4.1 Communicates expectations for student learning and behavior.

5.2 Creates a positive learning environment characterized by effective management of student behavior. The environment

requires positive interactions and uses as its framework the Douglas County Student Code of Conduct and expectations of

responsible citizenship as defined by the Board of Education End Statement.

5.3 Creates a learning environment characterized by effective and efficient process management strategies (e.g., procedures,

instructional groups, transition materials and supplies).

 

Our primary mission at Success Elementary School is helping students reaching their full potential through academic growth and

achievement. When teaching objectives are unclear and students are allowed to be off task, and allowed to produce less than quality

work, student growth and achievement are negatively impacted.

 

As a teacher in Douglas County, you are expected to show steady and visible growth in implementing our programs and instructional

practices. A focused and engaging learning environment needs to be observable daily. Routines and expectations need to be taught

and reinforced. Lessons need to be developed that respond to the needs of the students – both academically and behaviorally.

Students need to be held accountable for producing quality work in a timely manner.

 

Before the Winter Break, I will be observing you several more times and would expect to see improvements and growth in the above

areas of concern (student engagement, clear, purposeful instruction, and quality student-produced work). I suggest that you work

closely with the Building Resource Teacher and the Assistant Principal (former third grade teacher) and implement their suggested

strategies. I will also be willing to provide you with the resources to attend a workshop that would help you develop better classroom

management strategies.

 

This Letter of Concern will be placed in your school personnel file and is not grievable. Failure to demonstrate significant

improvement may result in an unsatisfactory mark on your mid-year and/or final evaluations. Other actions may include non-renewal

of your probationary teaching contract or placement on Profession Improvement Plan (regular status only).

 

With this letter, I am giving you an opportunity to improve your performance.

 

 

 

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14

 

 

Cordially,

Principal

 

 

__________________________________________________________________

Employee’s Signature/Date

(Employee’s signature indicates the employee has read and understands but does not necessarily constitute agreement with the

contents of this letter. The employee further understands his/her contractual right to file a rebuttal to this letter within five working

days of its receipt.)

 

 

__________________________________________________________________

Principal’s Signature/Date

 

 

 

 

C: Director of Schools

Director of Human Resources

Douglas County Federation

Principal’s working file

 

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15

 

Letter of Direction Template - Licensed Employee

 

 

 

To be personally delivered to licensed employee

Date:

Re: Professional Performance Concern

Dear: (licensed employee’s name)

 

Facts of the situation and investigatory conclusions (what, where, when, who)

 

(describe details of the violation)

 

Previous discussions and instructions with the licensed employee, if any, on this situation, and date on which licensed employee

was provided an opportunity to respond to the allegation/complaint:

 

(list situation, date)

 

Rules/Policies/Procedures/Norms violated:

 

(give general statement of what rule, law, board or school policy, Principal directives, lack of professional behavior etc. that was

violated)

 

Impact to student/staff/parents/organization:

 

(culture, student learning, classroom management, communication, relationships, leadership, etc.)

 

Suggestions/directives for immediate improvement of behavior and conduct and actions to be taken:

(describe recommended action to correct behavior and recommend resources)

You will not (repeat what rule, policy, professional behavior needs to be followed in the future)

 

Time to correct behavioro

 

(provide date by which behavior must comply with the work rule, etc.)

There will be no further violations of (whatever)

 

Consequences for failure to correct the behavior:

 

Failure to comply with this letter of direction may result in further disciplinary action, including possible non-renewal or dismissal

recommendation.

 

Statement advising the licensed employee of the right to attach a written explanation

 

 

A copy of this letter may be placed in your personnel file at the end of this evaluation process.

    

The contents of the Letter of Direction

and the procedures followed are not grievable. However, if an employee disagrees with the content of the Letter, he or she may

prepare a written statement, which, if any remaining differences are not resolved between the employee and the evaluator, will be

added as an attachment to the evaluation, and become a part of the employee’s file. If you refuse or fail to sign the copy of the letter, a

copy of the letter may be placed in your personnel file with an indication that you refused or failed to sign the letter.

  

With this letter, I am giving you an opportunity to correct your behavior.

 

Cordially,

 

Principal: ______________________________ Date: _______________________

 

I have had an opportunity to review this letter of direction, receive a copy and, if applicable, provide a written rebuttal.

 

Licensed employee: _______________________________ Date: __________________

 

C:

Director of Schools

Director of Human Resources

Douglas County Federation

Principal’s working file

---

 

16

 

Letter of Direction Sample - Licensed Employee

 

 

 

DATE: October 1, 2008

TO: Licensed Employee

RE: Professional Performance Concern

 

This letter summarizes our meeting on September 28, 2008 in which I provided you clear directives around some significant and

persistent performance and behavior concerns regarding collaboration and fulfillment of your professional responsibilities. As you

know, we have met on three previous occasions this year specifically to discuss similar issues (8/15/08, 9/3/08, 9/10/08). In all three

of these meetings, you stated that the issues discussed were not your responsibility, but rather the responsibility of others.

 

During our meeting on September 28, we discussed several concerning incidents. Behaviors such as those described below, seem to

be increasing in terms of frequency and severity and are impacting your working relationship with others and the instructional

programming for your special education students.

 

Collaboration:

 

As documented in your own e-mail, you called in sick to avoid a meeting with your team that was intended to address team

concerns around collaboration.

You refused to meet with the school psychologist to work through her concerns about your professional relationship, so t

hat student services would not be negatively impacted.

You have not met on a regular basis with classroom teachers to determine student progress and collaborative support for

special education students.

Fulfilling Professional Responsibilities:n

 

You have not taken ownership for case management responsibilities for all students for which you are responsible as case

manager, including one student with significant needs.

You have not proactively planned to ensure coverage for students on your caseload.

You have not demonstrated solution-oriented thinking and in some cases made no attempt to develop solutions when trying

to figure out coverage for students you are responsible for.

You have not provided regular support to several special education students for whom you are responsible.

You did not directly answer a question posed to you by your supervisor, and responded in a manner that was unprofessional

when asked again for a response.

You did not report to a before school meeting that was scheduled between a long-term substitute, the school psychologist,

and you. The purpose of this meeting was to discuss strategies and support for a student that was experiencing great

difficulties in class with behavior.

You did not respond in a timely manner to several requests made by staff members to provide a written schedule of support

for a high-needs student at a time when the student was experiencing significant behavior issues in class.

 

Your behaviors and lack of diligence in fulfilling your professional responsibilities are not in alignment with the district expectation

for your job responsibility and the professional indicators, specifically:

 

2.4 Demonstrates high standards of professional behavior and responsible citizenship including trust, honesty, fairness,

mutual respect, ethical decision-making, and critical thinking.

 

5.3 Manages time effectively to complete roles and responsibilities (IEP meetings and paperwork, management of

paraprofessionals, collaboration with other professionals, communication with families, direct instruction with

students).

 

I informed you that your actions had a negative impact on both the adults you work with and your students, whose adequate growth is

dependent on how effectively you manage their special education support plan. Additionally, your lack of follow-through on your

professional responsibilities and your difficulties collaborating with members of your team is negatively impacting the entire culture

of your department.

 

During the conference, I directed you to do the following:

1)

   

Promote and demonstrate positive collaboration with teammates, classroom teachers, educational assistants, administrators,

and other individuals who work with you to support your special education students.

---

 

17

 

2)

   

Attend all meetings for which administration, teammates, regular education teachers, and other individuals who you work

with directly to support your special education students request your presence.

3)

   

Proactively plan for coverage of all special education students for whom you are responsible. This includes students you case

manage, as well as students you are “covering” while a teammate is off track.

4)

   

Demonstrate solution oriented thinking in your communication to others.

5)

   

Meet regularly with regular education teachers for the purpose of collaboration to plan the instructional program for your o

special education students.

6)

   

Maintain a regular schedule of support for in-class support for your special education students.

 

This Letter of Direction will remain in your personnel file through the 2009-10 evaluation cycle and is not grievable. Failure to

comply with these directives immediately will result in additional disciplinary action, up to and including a formal Letter of

Reprimand in your permanent personnel file, an Unsatisfactory Evaluation, placement on Professional Improvement Plan, and/or

recommendation for dismissal to the Superintendent of Schools.

 

 

Sincerely,

Principal

 

 

 

__________________________________________________________________

Employee’s Signature/Date

(Employee’s signature indicates the employee has read and understands but does not necessarily constitute agreement with the

contents of this letter. The employee further understands his/her contractual right to file a rebuttal to this letter within five working

days of its receipt.)

 

 

 

__________________________________________________________________

Principal’s Signature/Date

 

 

 

 

 

 

C: Director of Schools

Director of Human Resources

Douglas County Federation

Principal’s working file

 

 

---

 

18

 

Letter of Reprimand Template – Licensed Employee

 

 

 

To be personally delivered to licensed employee

Date:

Re: Professional Performance Concern

Dear: (licensed employee’s name)

 

Facts of the situation and investigatory conclusions (what, where, when, who)

 

(describe details of the violation)

 

Previous discussions and instructions with the licensed employee, if any, on this situation, and date on which licensed employee

was provided an opportunity to respond to the allegation/complaint:

 

(list situation, date)

 

Rules/Policies/Procedures/Norms violated:

 

(give general statement of what rule, law, board or school policy, Principal directives, lack of professional behavior etc. that was

violated)

 

Impact to student/staff/parents/organization:

 

(culture, student learning, classroom management, communication, relationships, leadership, etc.)

 

Suggestions/directives for immediate improvement of behavior and conduct and actions to be taken:

(describe recommended action to correct behavior and recommend resources)

You will not (repeat what rule, policy, professional behavior needs to be followed in the future)

 

Time to correct behavior

 

(provide date by which behavior must comply with the work rule, etc.)

There will be no further violations of (whatever)

 

Consequences for failure to correct the behavior:

 

Failure to comply with this letter of reprimand may result in further disciplinary action, including possible non-renewal or dismissal c

recommendation.

 

Statement advising the licensed employee of the right to attach a written explanation

 

 

A copy of this letter will be placed in your personnel file at the end of this evaluation process.

    

The contents of the Letter of

Reprimand and the procedures followed are not grievable. However, if an employee disagrees with the content of the Letter, he or she

may prepare a written statement, which, if any remaining differences are not resolved between the employee and the evaluator, will be

added as an attachment to the evaluation, and become a part of the employee’s file. If you refuse or fail to sign the copy of the letter, a

copy of the letter will be placed in your personnel file with an indication that you refused or failed to sign the letter.

  

With this letter, I am giving you an opportunity to correct your behavior.

 

 

Cordially,

 

Principal: ______________________________ Date: _______________________

 

I have had an opportunity to review this letter of reprimand, receive a copy and, if applicable, provide a written rebuttal.

 

Licensed employee: _______________________________ Date: __________________

 

C:

Director of Schools

Director of Human Resources

Douglas County Federation

Principal’s working file

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19

 

 

Letter of Reprimand Sample – Licensed Employee

 

 

 

DATE: November 7, 2008

TO: Licensed Employee

RE: Professional Performance Concern

 

On November 4, 2008 it was brought to the attention of Mr. Principal, that on the previous day and in more than one of your

geography classes, you repeatedly used an inappropriate gesture, generally referred to as

flipping someone off

. At the same time this

was being reported, students also disclosed that during the week of October 20, you had repeatedly used a derogatory racial term in the

same classes.

 

When I interviewed you on November 5, you did not deny that you had

“flipped-off”

either class nor repeatedly used the derogatory

racial term in the same classes at an earlier date. When I asked you why you would repeatedly make a universally offensive gesture to

your students, you indicated it was a means of helping them understand nonverbal communication in other cultures. When I asked

why you chose to use a racially charged and completely inappropriate term as part of your geography instruction, you indicated you

did it to support proper pronunciation of terms like Niger, Nigeria, and the Niger River, and that you believed it would promote

greater cultural awareness and tolerance. In regards to both issues, you said this was a regular part of your teaching practice when

studying geography and that you believed it a good thing if it generated conversation and awareness among students.

 

Regardless of your rationalization or justification, the repeated use of an obscene gesture and the use of a wholly inappropriate racial

slur in front of your students is unprofessional and unacceptable. Furthermore, your behavior on these occasions was in complete

contradiction to the school and District’s expectations as established in the District’s Teacher Evaluation tools that instruction be

consistent with District approved curriculum, and that teachers maintain a healthy learning environment that respects the dignity of all

students. In addition, by your actions, you failed to be a positive role model for your students by demonstrating and reinforcing

appropriate behavior. Finally, this entire matter seriously calls into question your ability to exercise reasonable and sound professional

judgment.

 

As a result of these incidents, your year-end evaluation will be marked “Unsatisfactory” based on your failure on the following DCSD c

expectations and professional indicators:

1.1 Demonstrates knowledge of content area and DCSD K-12 articulated curriculum.

1.5 Matches appropriate resources with instructional practices to enhance student learning.

1.6 Creates a learning environment which provides students opportunities to be responsible citizens as defined by the Board of

Education End Statement (leadership, student ownership, involvement and participation).

2.2 Follows applicable school, district, state and federal policies, procedures, and laws, including DCSD Core Values

and Behavior Expectations.

2.3 Demonstrates high standards of professional behavior and responsible citizenship including trust, honesty, fairness,

integrity, mutual respect, ethical decision making, and critical thinking.

5.2 Creates a positive learning environment characterized by effective management of student behavior. The environment

requires positive interactions and uses as its framework the Douglas County Student Code of Conduct and expectations of

responsible citizenship as defined by the Board of Education End Statement.

 

In addition, I am directing you to use any inappropriate or obscene gestures or racially offensive terms as part of your instruction or

otherwise in the presence of students. Be aware, failure to comply with this directive will be treated as an act of insubordination and

result in appropriate disciplinary action up to and including suspension without pay and/or a recommendation to the Superintendent of

Schools to initiate dismissal proceedings to terminate your employment with Douglas County Schools.

 

This Letter of Reprimand will be placed in your central office personnel file as a record of this matter and the action taken by the

District on this occasion. The contents of this letter are not grievable. If you have any questions, do not hesitate to contact me in the

Department of Human Resources.

   

 

 

 

 

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20

 

 

 

Sincerely,

Director of Human Resources

 

 

 

__________________________________________________________________

Employee’s Signature/Date

(Employee’s signature indicates the employee has read and understands but does not necessarily constitute agreement with the

contents of this letter. The employee further understands his/her contractual right to file a rebuttal to this letter within five working

days of its receipt.)

 

 

 

__________________________________________________________________

Director of Human Resources’ Signature/Date

 

 

 

 

 

 

C: Director of Schools

Director of Human Resources

Douglas County Federation

Principal’s working file

 

 

---

 

21

 

Letter of Concern Template – Support Staff Employee

 

 

 

To be personally delivered to employee

Date:

Re: Professional Performance Concern

Dear (employee’s name)

 

Facts of the matter:

 

(describe performance concerns)

 

Previous discussions, and instructions with the employee, if any, on these performance concerns:h

 

(list conversations, emails, meetings, etc. and date)

 

Professional Indicators that are not being successfully met:

 

(list specific indicators from evaluation tool, District/Dept. Behavior Expectations, etc. )

 

Impact to dept./site/staff:

 

(productivity, relationships, etc.)

 

Suggestions/directives for improvement and actions to be taken:

 

(describe recommended action to improve performance and suggest resources)

 

Reasonable period of time to improve performance:

 

(include periodic meetings to review progress)

  

Additional corrective action for failure to improve performance:

 

(future corrective actions)

 

Statement advising the employee of the right to attach a written explanation

 

 

A copy of this letter may be placed in your personnel file.

    

The contents of the Letter of Concern and the procedures followed are not

grievable. However, if an employee disagrees with the content of the Letter, he or she may prepare a written statement, which will

become a part of the employee’s file. If you refuse or fail to sign the copy of the letter, a copy of the letter may be placed in your l

personnel file with an indication that you refused or failed to sign the letter.

  

With this letter, I am giving you an opportunity to improve your performance.

 

Cordially,

 

Building Administrator: ______________________________ Date: _______________________

 

I have had an opportunity to review this letter of concern, receive a copy and, if applicable, provide a written rebuttal.

 

Employee: _________________________________________ Date: _______________________

 

 

 

 

Cc: Director of Human Resources

DCFCE Office

Evaluator’s working file

 

 

 

 

---

 

22

 

Letter of Direction Template – Support Staff Employee

 

 

To be personally delivered to employee

Date:

Re: Professional Performance Concern

Dear: (employee’s name)

 

Facts of the situation and investigatory conclusions (what, where, when, who)

 

(describe details of the violation)

 

Previous discussions and instructions with the employee, if any, on this situation, and date on which employee was provided an

opportunity to respond to the allegation/complaint:

 

(list situation, date)

 

Rules/Policies/Procedures/Norms violated:c

 

(give general statement of what rule, law, board or dept. policy, directives, lack of professional behavior etc. that was violated)

 

Impact to dept./site/staff:

 

(productivity, relationships, etc.)

 

Suggestions/directives for immediate improvement of behavior and conduct and actions to be taken:

 

(describe recommended action to correct behavior and recommend resources)

You will not (repeat what rule, policy, professional behavior needs to be followed in the future)

 

Time to correct behavior

 

(provide date by which behavior must comply with the work rule, etc.)

There will be no further violations of (whatever)

 

Consequences for failure to correct the behavior:

 

Failure to comply with this letter of direction may result in further disciplinary action, up to and including dismissal.

 

Statement advising the employee of the right to attach a written explanation

 

 

A copy of this letter may be placed in your personnel file at the end of this evaluation process.

    

The contents of the Letter of Direction

and the procedures followed are not grievable. However, if an employee disagrees with the content of the Letter, he or she may

prepare a written statement, which, if any remaining differences are not resolved between the employee and the evaluator, will be e

added as an attachment to the evaluation, and become a part of the employee’s file. If you refuse or fail to sign the copy of the letter, a

copy of the letter may be placed in your personnel file with an indication that you refused or failed to sign the letter.

  

With this letter, I am giving you an opportunity to correct your behavior.

 

Cordially,

 

Building Administrator: ______________________________ Date: _______________________

 

I have had an opportunity to review this letter of direction, receive a copy and, if applicable, provide a written rebuttal.

 

Employee: _________________________________________ Date: _______________________

 

Cc: Director of Human Resources

DCFCE Office

Evaluator’s working file

 

 

 

 

---

 

23

 

 

Letter of Reprimand Template – Support Staff Employee

 

 

 

To be personally delivered to employee

Date:

Re: Professional Performance Concern

Dear: (employee’s name)

 

Facts of the situation and investigatory conclusions (what, where, when, who)

 

(describe details of the violation)

 

Previous discussions and instructions with the employee, if any, on this situation, and date on which licensed employee was

provided an opportunity to respond to the allegation/complaint:

 

(list situation, date)

 

Rules/Policies/Procedures/Norms violated:

 

(give general statement of what rule, law, board or school policy, Principal directives, lack of professional behavior etc. that was

violated)

 

Impact to student/staff/parents/organization:

 

(culture, student learning, classroom management, communication, relationships, leadership, etc.)

 

Suggestions/directives for immediate improvement of behavior and conduct and actions to be taken:

(describe recommended action to correct behavior and recommend resources)

You will not (repeat what rule, policy, professional behavior needs to be followed in the future)

 

Time to correct behavior

 

(provide date by which behavior must comply with the work rule, etc.)

There will be no further violations of (whatever)

 

Consequences for failure to correct the behavior:

 

Failure to comply with this letter of reprimand may result in further disciplinary action, including possible non-renewal or dismissal

recommendation.

 

Statement advising the employee of the right to attach a written explanation

 

 

A copy of this letter may be placed in your personnel file at the end of this evaluation process.

    

The contents of the Letter of

Reprimand and the procedures followed are not grievable. However, if an employee disagrees with the content of the Letter, he or she

may prepare a written statement, which, if any remaining differences are not resolved between the employee and the evaluator, will be

added as an attachment to the evaluation, and become a part of the employee’s file. If you refuse or fail to sign the copy of the letter, a

copy of the letter may be placed in your personnel file with an indication that you refused or failed to sign the letter.

  

With this letter, I am giving you an opportunity to correct your behavior.

 

Cordially,

 

Building Administrator: ______________________________ Date: _______________________

 

I have had an opportunity to review this letter of reprimand, receive a copy and, if applicable, provide a written rebuttal.

 

Employee: _________________________________________ Date: _______________________

 

Cc: Director of Human Resources

DCFCE Office

Evaluator’s working file

 

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24

 

Administrative Leave with Pay Checklist - Licensed

 

 

Name of Licensed Employee: ______________________________ Date: ___________________

 

You are being placed on administrative leave with pay for the purpose of our investigation of which an

Administrator/Human Resources Director has apprised you. This leave is not a disciplinary action and no allegations

have been substantiated at this time. The following information is intended to outline your rights and responsibilities

while on leave.

 

In order to maintain the integrity of the investigation process, as well as maintain necessary confidentiality, you are

instructed to adhere to the following:

   

 

You are directed to:

      

Leave all keys and keycards with your Administrator/Human Resources Director

 

      

 

Leave a hard copy of your lesson plans for the following 5 school days at the school office, including class

rosters, seating charts, grade books, and all student records and data in your possession

 

      

 

These lesson plans may be faxed or e-mailed to the school office, if necessary, no later than 5:00 a.m. the

morning of the first day of your administrative leave.

 

For security purposes, access to the following will be temporarily suspended during the administrative leave period:

      

All District servers

      

E-mail

      

Voicemail

 

During this leave, you will not have access to school or school grounds unless specified otherwise below:

      

By appointment

      

At certain times: ___________________

      

Other:

 

 

During your administrative leave:

      

A District investigator may be contacting you and you are directed to cooperate in this investigation

 

      

 

You are required to be available during regular school hours for such an appointment or a return-to-work

meeting

 

      

 

You may not contact any students, parents, or personnel involved with the school or school district except

for Principal, Human Resources, and DCF office

      

District personnel assigned to conduct the investigation will gather all necessary information

      

You will be informed of the results of the investigation at a meeting

 

 

      

 

You may, but are not required to, remove personal effects from the school premises under the supervision

of staff designated by the Administrator/Human Resources Director or by calling the Principal’s office to

make an appointment

 

      

 

Should you be contacted by co-workers or other DCSD staff, please tell them you are not able to speak

about the events and/or circumstances surrounding this investigation

 

Your Administrative Leave is indefinite pending the outcome of the investigation. At that time you will be contacted

and a meeting will be scheduled to discuss the investigation findings and resulting next steps. If you have any

concerns or questions, please feel free to contact me at 303-387-0100.

 

 

Please sign and date this form below to indicate your receipt of it and your compliance with the requirements.

 

Licensed Employee: _______________________________Date: __________________

 

 

Administrator/Human Resources Director: ______________________________ Date: _______________

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25

 

 

 

Administrative Leave with Pay Checklist – Classified

 

 

 

Name of Employee: ______________________________ Date: ___________________

 

You are being placed on administrative leave with pay for the purpose of our investigation of which a Supervisor/Human

Resources Director has apprised you. This leave is not a disciplinary action and no allegations have been substantiated at

this time. The following information is intended to outline your rights and responsibilities while on leave.

 

In order to maintain the integrity of the investigation process, as well as maintain necessary confidentiality, you are

instructed to adhere to the following:

   

 

You are directed to:

         

Leave all keys and keycards with your Supervisor/Human Resources Director

 

For security purposes, access to the following will be temporarily suspended during the administrative leave period:

         

All District servers

         

E-mail

         

Voicemail

 

During this leave, you will not have access to school or school grounds unless specified otherwise below:

         

By appointment

         

At certain times: ___________________

         

Other:

 

 

During your administrative leave:

         

A District investigator may be contacting you and you are directed to cooperate in this investigation

 

         

You are required to be available during regular work hours for such an appointment or a return-to-work meeting

         

You may not contact any students, parents, or personnel involved with the school or school district except for the

Building Administrator, your immediate supervisor, Human Resources, and the Union.

         

District personnel assigned to conduct the investigation will gather all necessary information

 

         

You will be informed of the results of the investigation at a meeting

.

         

You may, but are not required to, remove personal effects from the school premises under the supervision of staff

designated by the Building Administrator, Supervisor, Human Resources Director or his/her designee.

 

         

Should you be contacted by co-workers or other DCSD staff, please tell them you are not able to speak about the

events and/or circumstances surrounding this investigation

 

Your Administrative Leave is indefinite pending the outcome of the investigation. At that time you will be contacted h

and a meeting will be scheduled to discuss the investigation findings and resulting next steps.

 

Please sign and date this form below to indicate your receipt of it and your compliance with the requirements.

 

Employee: _______________________________________________________Date: __________________

 

 

Building Administrator/Supervisor/HR Director: ______________________________ Date: _______________

 

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26

 

Reasonable Suspicion - Classified/Certified Controlled Substance/Alcohol

Testing Protocol

                                         

 

Introduction and Purpose

  

 

The intent of this policy is to enhance and protect the health, safety and welfare of students and employees of

the District; to help assure compliance with the School District's Drug Free Workplace Policy (Policy GBEC);

and to provide objective information to aid the District when considering discipline of employees who violate

the District's drug and alcohol policies. This Reasonable Suspicion Employee Controlled Substance/Alcohol

Testing Protocol applies to all employees who are not subject to controlled substance and alcohol testing under m

Policies EEAEAA, EEAEAA-R, and EEAEAB, located on the District website.

 

Alcohol-Related Prohibited Conduct

   

 

The following conduct involving alcohol is prohibited:

 

1. Reporting for or remaining on duty while having an alcohol concentration of 0.02 or greater.

2.

  

Possess alcohol while on duty. This includes medication, either prescribed or “over-the-

counter,” that contains alcohol.

3.

  

Use of Alcohol while ready to perform job duties. Alcohol use means the consumption of any of

beverage, mixture or preparation, including medication that contains alcohol.

 

Controlled Substance-Related Prohibited Conduct

 

 

The following conduct involving controlled substance is prohibited as defined in Policy EEAEAA-R:

 

1. Reporting for or remaining on duty, when the employee subject to this policy has used any por

controlled substance, unless the medical exception applies. An employee who uses a controlled

substance pursuant to the instructions of a physician who has advised the employee that the

substance, as prescribed, will not adversely affect the employee’s ability to perform the assigned

duties of his/her job will not be considered to have violated this prohibition if the employee has

used the controlled substance in no greater amount than that prescribed by the physician.

 

2. Reporting for or remaining on duty where the employee has tested positive for controlled

substances.

 

Reasonable Suspicion Testing

  

 

An employee must submit to an alcohol or controlled substance test upon reasonable suspicion that the

employee has engaged in prohibited conduct under this policy or policy GBCE.

 

The District will provide transportation to and from the testing site to all employees required to take a a

reasonable suspicion controlled substance or alcohol test.

Note: This procedure will be conducted by a person trained to detect reasonable suspicion situations.

Reasonable suspicion must be based upon specific, contemporaneous, articulable observations concerning the

employee's appearance, behavior, speech, or body odor. Indicators may include the following: slowed or e

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slurred speech, impaired visual tracking, dilated or constricted pupils, profuse sweating, impaired coordination,

dizziness, odor of alcohol or marijuana, slow reaction time, vomiting, or a report of drug or alcohol use or

possession from a reliable and credible source.

 

Reasonable suspicion may also be based upon inappropriate or erratic behavior while at work, a significant o be

deterioration in work performance, or information that an employee has caused, contributed to or been involved or

in an accident while at work, accompanied by other observable behaviors which might reasonably be suspected

to relate to drug or alcohol use.

 

Observations relating to reasonable suspicion must be made during or just preceding, or just after the period of

the work day the employee is required to be in compliance with District policies concerning alcohol and drug r

use or possession.

 

Refusals to Submit to Testingr

 

 

It is prohibited conduct to refuse to submit to a controlled substance or alcohol test required under this policy. A

refusal to submit, considered grounds for termination is defined as follows:

 

1. Failure to provide adequate breath for alcohol testing without a valid medical explanation after

the employee has received notice of the requirement of a breath test in accordance with this i

policy; or

 

2. Failure to provide adequate urine for a controlled substance test without a valid medical

explanation after the employee has received notification of the requirement for urine testing in e

accordance with this policy.

 

3. Engaging in conduct that clearly obstructs the testing process.

   

  

 

Administrative Steps

  

 

If there is reasonable suspicion that an employee has consumed alcohol or used controlled substances in

violation of District policy, the employee’s direct supervisor is responsible for immediately notifying Human

Resources or the Testing Liaison to initiate an investigation and steps to ensure the safety and well being of

students and the employee.

 

When an employee is suspected of being under the influence of alcohol or a controlled substance, the following

steps should be followed:

 

1)e

 

Make contact with the employee to informally confirm or invalidate the suspicion.

 

2)

   

Look for visible signs indicating intoxication including:

a.

  

Unusual or erratic behavior (aggressiveness, agitation, disorientation, etc.).

b.

  

Speech (slurred, excessively rapid delivery, rambling or nonsensical, etc.).

c.

  

Appearance (red eyes, dilated pupils, disheveled hair or clothing, etc.).

d.

  

Body odors (alcohol, chemicals, etc.).

3)

   

Make arrangements to cover the employee’s duties/responsibilities/assignment as necessary.

 

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28

 

4)nm

  

Contact Human Resources and District Security to notify them of your suspicion, discuss concerns, s

determine next steps, and/or request assistance.

 

5)e

 

If you believe you have reasonable suspicion, invite the employee into a confidential space, an office or

conference room, and inform the employee of your suspicion and that District Security is coming to the

site.

 

6)t

 

Keep the employee isolated in the conference room or office. Remain with the employee until District

Security arrives to administer a preliminary breath test. In the event the employee were to insist on

leaving the premises or refuses to wait to be tested, inform the employee of the following:

a.

  

They have signed a Drug-Free Workplace Agreement and the test is a condition of employment.

b.

  

Refusal to submit to the test or an effort to leave will be treated as insubordination and may

result in a recommendation for termination.

c.

  

Any effort to access a vehicle will be reported to law enforcement.

 

7)y

 

District Security will administer a preliminary breath test. In the event the breathalyzer indicates a

positive result, Security will transport the employee to a third-party testing agency to administer a

second test.

 

8)

   

If the test results are negative, the employee will be released to go home for the remainder of the day

with no loss of pay.

 

General testing procedures will be those described in Policy EEAEAA-R.

Disciplinary Procedures

Where an employee has an alcohol test result of greater than 0.02, but less than 0.04, the employee will be

removed from their duties for 24 hours unpaid; however, sick leave may be used if available. No further action

will be taken against the employee based upon this information alone. More serious discipline, up to and

including dismissal may be imposed for subsequent violations.

Where an employee has a confirmed alcohol test result of greater than 0.04 or has a verified positive test result

for controlled substance use, the employee shall be removed from his/her position immediately. More serious y

discipline, up to and including dismissal may be imposed for subsequent violations.

 

An employee who refuses to be tested for alcohol or controlled substances as defined under the "Prohibited

Conduct" above will also be dismissed from his or her employment with the District.

 

Confidentiality

  

 

All records maintained by the District pursuant to this policy are strictly confidential. Employee information

contained in these records may not be released except as permitted or required by law.

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29

 

Investigation Steps

 

 

1.

  

Interview complainant

2.

  

If supervisor is not the accused, keep supervisor informed through the investigation.

3.

  

Decide if employee should be placed on paid administrative leave or temporary re-assignment

4.

  

Interview all known witnesses with 1

st

hand knowledge

5.

  

Interview accused

6.

  

Conduct any follow-up interviews or interviews for additional witnesses

7.

  

Type investigation summary report, include:

a.

  

Original interview notes (Don’t throw away your original hand-written notes if you type the

notes.)

b.

  

Statements from parties involved

c.

  

Other documents submitted to support the investigation

8.he

  

Type letter to complainant and accused informing them of the conclusion of the investigation. If a

letter gives directives to one or both of the parties, add the letter in the employee’s personnel file.

 

9.’

 

File report

a.

  

Potential criminal investigation – file in HR’s confidential investigation file.

b.

  

Other investigations – keep in your investigation file.

 

Basic Interview Questions:

 

•

 

What happened? What were the circumstances that lead to the event?

•

 

Who was involved?

•

 

When did the incident happen?

•

 

Where did the incident occur?

•

 

Is there any evidence to corroborate your story?

•

 

Do you have any other information that may help resolve this issue?

•

 

Would there be anyone else that may have information about this issue?

 

Information Shared with all Parties:

 

•

 

Explain purpose of the interview

•

 

HR will limit the disclosure of information to those with a legitimate need to know. (Be careful

not to guarantee absolute confidentiality)

•

 

Assure the individual the District does not permit retaliation for raising a legitimate concern.

•

 

Ask individual to either write his/her side of the story or confirm your notes with a signature.

•

 

Instruct employee not to discuss the situation with other employees.

 

 

 

 

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30

 

Investigation Protocol

 

 

 

 

Suspicion of Drug/Alcohol Use

 

*

 

The site contacts Security immediately. After contacting Security, contact Human Resources.

*

 

Do not let the employee leave the premises.

*

 

Security will talk with the employee and take the lead on the situation, determining the need to test the

employee

o

 

If the employee tests positive,

*

 

Security will contact the site administrator* and Human Resources

•

 

*School – Principal or Asst. Principal

•

 

*Support Services – Director of the Department

*

 

Security will inform employee he/she is being placed on administrative leave

*

 

Security will take employee home or contact responsible party to take the employee

home.

o

 

If the employee refuses drug/alcohol test,

*

 

Security will contact site administrator and HR

*

 

Security will inform employee he/she is being placed on administrative leave.

*

 

Security will take employee home or contact responsibility to take the employee home

*

 

HR will dismiss employee for refusing to test based on Board Policy EEAEAA – R,

which states,

•

 

“All employees subject to this policy must submit to an alcohol or

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31

 

DCSD Behavior Expectations

 

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32

 

DCSD Core Values

 

 

 

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33

 

Child Abuse Indicators Chart

 

 

 

 

 

 

 

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34

 

Douglas County School District

 

Child Abuse and Neglect Report Form

 

 

STUDENT NAME: ______________________________________ DOB: ____________ AGE: _______ SEX: _______

 

RACE: ____________________________ SCHOOL: ________________________________ GRADE: _______________

 

STUDENT ADDRESS: ________________________________________ TELEPHONE NUMBER: ____________________

 

PARENT/GUARDIAN NAME: ___________________________________________________________________________

 

PARENT/GUARDIAN ADDRESS: ________________________________________________________________________

 

NAMES AND RELATIONSHIP OF OTHER HOUSEHOLD MEMBERS: _________________________________________

______________________________________________________________________________________________________

 

ANY EVIDENCE OF PREVIOUS CASES OF SUSPECTED OR KNOWN ABUSE/NEGLECT OF SAME CHILD OR SIBLINGS:

____________________________________________________________________________________________

____________________________________________________________________________________________________________

________________________________________________________________________________________________

 

DESCRIPTION OF SUSPECTED OR KNOWN ABUSE/NEGLECT: ____________________________________________

____________________________________________________________________________________________________________

________________________________________________________________________________________________

 

NAME AND ADDRESS OF ALLEGED PERPETRATOR, IF KNOWN: __________________________________________

______________________________________________________________________________________________________

 

ANY ACTION TAKEN BY REPORTING PERSON OR OTHER SCHOOL DISTRICT PERSONNEL: _________________

______________________________________________________________________________________________________

______________________________________________________________________________________________________

 

ANY OTHER INFORMATION THAT MAY BE HELPFUL: ___________________________________________________

______________________________________________________________________________________________________

______________________________________________________________________________________________________

 

NAME OF PERSON WHO INITIALLY HAD KNOWLEDGE OR SUSPICION OF ABUSE/NEGLECT: ________________

______________________________________________________________________________________________________

 

NAME OF PERSON WHO ORALLY MADE REPORT TO DOUGLAS COUNTY HEALTH & HUMAN SERVICES:

 

NAME: _____________________________ TITLE: ___________________________ DATE: _______________________

 

NAME OF PERSON FILING WRITTEN REPORT: ___________________________ DATE SENT: _________________

 

SIGNATURE OF PRINCIPAL: ____________________________________________ DATE: _______________________

 

 

SEND COPY OF FORM TO: DOUGLAS COUNTY HUMAN SERVICES, 4400 CASTLETON COURT,

CASTLE ROCK, CO 80109 (303) 688-4825

                               

 

 

 

CONFIDENTIAL:

THIS FORM IS NOT TO

BE A PART OF ANY

EXISTING STUDENT

RECORD!

DATE RECEIVED AT HEALTH AND HUMAN SERVICES OF DOUGLAS COUNTY:_____________________

 

SIGNATURE OF RECIPIENT:______________________________________________________________________

Human Services- Please send this form to DCSD Safety & Security Office 620 Wilcox Street