G Personnel

The District will collect demographic information from applicants and employees to be used for federal reporting and affirmative action (AA) tracking purposes. The information is provided on a voluntary basis and is self reported.

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

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

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

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

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

Employees who believe they have been subjected to discrimination or harassment must report it in accordance with the District’s complaint process. The procedures to be followed will be maintained by and available through the Human Resources Department.

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

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

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

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

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

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

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

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

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

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

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

Occasionally offers of gifts, discounts, or other financial benefits are made available to District staff. These offers may come from a member of the public or a business. An important part of the relationship that the District organization has with the public is based on both the reality and perception of fairness and honesty.

Acceptance of a cash gift by any individual employee is strictly prohibited. Generally, state law prohibits public employees from using their positions to obtain financial benefits or avoid financial detriment. This would include most gifts (other than those with a cash value of less than $50), donations, discounts or other financial benefits. Employees should check with a supervisor prior to accepting gifts over $50, donations, discounts, or other financial benefits to ensure that it meets the policy guidelines of the District.

District employees are entrusted with the resources of the community including the management of public funds. Many employees’ jobs require them to handle cash, mange funds, and make purchases. Employees have a fiduciary responsibility to the public and are expected to conduct all management of public funds with the utmost accuracy, accountability, and honesty.

For those employees whose jobs require placing orders for goods or services or otherwise making a commitment to purchase in the name of the District such as with the use of a District credit card, the following responsibilities must be met.

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

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

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

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

 

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

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

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

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

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

Abuse is defined in the statute as:

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

It is a common practice for attorneys to issue subpoenas to school personnel in cases relating to child custody and other family matters. Employees should not volunteer to testify on behalf of either party but are required to become witnesses if they receive subpoenas. When an employee receives a subpoena and has specific questions, he or she may direct specific questions to her/his supervisor.

Oregon Revised Statutes extend the privilege of confidential information to employees under certain situations. ORS 40.245 extends the privilege of confidential communication to all licensed staff members of an elementary or secondary school. ORS 40.245 extends the privilege of confidential communication to school counselors. ORS 418.755 (1) states that in the case of abuse of a child, as defined in ORS 418.740, the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to registered clinical social workers and the husband-wife privilege created by ORS 40.230 to 40.255 shall not be a ground for excluding evidence regarding a child's abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 418.750.

It is the policy of the District to provide a safe and healthy place for students and employees (Board policy EB/EBC). The District is committed to complying with all federal, state, and local regulations pertaining to the health and safety of students and employees.

Each employee is expected to obey safety rules, to exercise caution in all work activities, and to provide guidance to students regarding safety and accident prevention. Employees must immediately report unsafe conditions to the appropriate supervisor or administrator. Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate remedy such situations, may be subject to discipline, up to and including dismissal. See Administrative Rule E1000 – E1999 for further information regarding the District’s safety rules and procedures, including the responsibilities of employees of the District.

The District is committed to maintaining a safe work environment free of all forms of violence for all District employees, agents of the District, and our customers. Any act of violence or intimidation, including verbal or physical threats, is strictly prohibited at all times.

Workplace violence is defined as any act of physical, verbal or written aggression by an individual in or related to the work place. This includes, but is not limited to, verbal threats or intimidation and physical intimidation, assault or battery by an employee, former employee or any visitor to a District workplace. Workplace violence may also include destruction or abuse of property.

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

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

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

The District recognizes that the use of drugs and alcohol, whether on or off the job, which adversely affects job performance, may constitute a serious threat to the health and safety of students, the public, and employees and impact effective instruction and the efficient delivery of District services. (See Board Policy GBCBA) The primary goal of this policy is to achieve a work place free of the impairments of drugs and alcohol, and to be in compliance with OR-OSHA regulation 437-001-0760(4), which prohibits anyone whose ability to work safely has been impaired by alcohol, drugs, or medication from working in that condition.

In any instance where an employee’s impaired job performance or conduct provides reasonable suspicion of drug or alcohol use, the District may require appropriate testing. Testing procedures and the validity of the results will be measured by the prevailing practice in the medical field. In all situations where testing is called for, due consideration will be given to the legal rights and privacy of the tested employees.

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

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

For purposes of this document, the following definitions apply:

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

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

Violations may result in discipline up to and including discharge.

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

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

An employee who has tested positive for drugs or alcohol as defined by this policy may be referred to the Employee Assistance Program or drug and/or alcohol counseling. An employee's participation in the Employee Assistance Program or in drug or alcohol counseling will be considered in determining what, if any, disciplinary action may be taken.

If an employee is not terminated for violations of this policy, the employee who has tested positive for drugs or alcohol will be required to sign a performance agreement. Provisions for unannounced testing for a specified period following the positive test may be included in the agreement. If the employee violates the terms of the agreement or again tests positive during such a period, he or she may be subject to immediate dismissal.

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

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

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

The District reserves the right to search or inspect District equipment or facilities such as desks, files, lockers, or offices, from time to time for work-related or administrative purposes. The District also reserves the right to access District computers and any files or materials contained on them for work-related or administrative purposes, including monitoring of appropriate use.

Additionally, an employee’s assigned District property (e.g. desk, locker, and vehicle); personal property (e.g. handbag, brief case, and backpack) and clothing may be subject to search with reasonable suspicion. All searches of this nature will be documented and handled in a confidential manner.

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

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

The following administrative rules apply to Compensation.

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

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

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

The following administrative rules apply to Salary Administration.

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

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

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

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

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

A demotion is the movement, either voluntary or involuntary, of an employee to a classification with a lower pay grade.

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

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

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

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

The District will implement the following rules regarding Employee Insurance.

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

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

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

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

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

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

The District participates in a tax sheltered annuity (TSA) program for regular employees. Regular employees may voluntarily defer a portion of their salary as an investment for retirement. Some employees are eligible for a District paid contribution or a matching contribution from the District as specified in the employee’s contract or agreement.

Employees may elect to start, stop or change their TSA amounts at any time during the year. Changes are effective at the first of the month following the election, as required by IRS regulations.

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

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

The District will implement the following rules regarding Employee Leaves.

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

Only employees with a twelve (12) month employment contract are eligible for paid vacation time.

Employee wishes to request vacation should obtain supervisor approval prior to taking the time, in accordance with his/her department or building procedures. It is the employee’s responsibility to ensure he/she has sufficient unused earned vacation time for the time requested.

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

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

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

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

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

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

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

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

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

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

Federal and state laws cover a number of types of leave for individuals providing public service outside their normal employment with the District. These include, but are not limited to, leave time associated with military service, search and rescue response, disaster response, specialized teams working on homeland security, and Peace Corps service.

The District will comply with all federal and state laws pertaining to such leaves, upon request by an employee. An employee requesting a leave of this type should provide their supervisor with a memo stating the type, nature, and length of the leave. Some of the leave is mandatory and some is at the discretion of an employer. Supervisors should contact Human Resources for assistance in determining the extent of federal or state requirements on the District, prior to approving the leave request.

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

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

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

The Human Resources Department is responsible for the posting and recruiting of all licensed, classified, and administrative positions. In consultation with the hiring administrators or supervisors, Human Resources staff will develop advertising and recruitment plans for open positions, consistent with the District’s policies and goals, including the affirmative action policy and the District’s diversity goals. Unless an exception is granted, only vacant authorized, budgeted positions will be posted and filled.

Unless specified otherwise in a collective bargaining agreement or approved by the superintendent, all regular positions will be posted for both external and internal applicants. All applications for employment must be submitted to Human Resources or through the District’s online application service, as directed in the job posting.

The administration of the hiring process is the joint responsibility of Human Resources and the hiring administrator or supervisor. Human Resources’ primary responsibility is to ensure that processes meet legal requirement and protect the integrity of the District’s employment policies. Human Resources’ staff are also responsible for screening all applications to ensure applicants have the appropriate license or certification and meet the minimum requirements specified in the job description.

The hiring administrator or supervisor, in consultation with Human Resources, has the responsibility to conduct an appropriate and effective selection process and making a hiring recommendation. It is the hiring administrator’s or supervisor’s responsibility to be familiar with the District’s affirmative action plan and consider the goals outlined in the plan when filling positions. The selection process for positions may vary but will generally include a structured interview process. Other selection tools, such as written testing or skill demonstrations, may be used if they are job-related.

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

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

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

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

Moving expenses may be paid (in part or full) for newly hired employees in higher level administrative positions. Exceptions for other employees may be made by the Superintendent. In all cases, agreement to pay moving expenses must be approved by the Assistant or Deputy Superintendent or the Superintendent.

The District will only reimburse for actual moving expenses. The employee must provide back-up documentation or invoices for moving expenses.

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

In compliance with the Immigration Reform Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired must also complete the form if they have not completed an I-9 with the District within the past three years, or if their previous I-9 is no longer retained or valid.

If a new employee has alien or visa status, he/she may not work or be paid past the end date on a Visa unless eligibility for employment can be re-certified. It is the responsibility of the employee to obtain the extension. If the visa or work permit has not been extended, the employee needs to be terminated. Supervisors should contact Human Resources for assistance with employees who have a visa status.

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

The contents of these files are confidential.

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

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

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

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

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

The superintendent may designate any vacancy as being open to voluntary transfer and will define the process that will be used to consider requests for transfer.

If an administrative employee volunteers to transfer to a position at a lower pay grade or with a different work year, his or her salary will be as follows:

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

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

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

The District will implement the following rules regarding Resignation.

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

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

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

A reduction in force (RIF) may occur from declining enrollment, a school closure, an administrative reorganization, or the district’s inability to continue to fund its educational program or departments at the anticipated level.

If it is necessary to reduce a full-time regular employee to less than full-time or to lay off a full or part-time regular employee due to reduction-in-force reasons, the process shall be followed that is outlined in Oregon Revised Statutes and, where applicable, the classified and licensed employee collective bargaining agreements. The administrative employee reduction in force process is outlined below. The reduction in force process should be communicated to all affected employees as soon as practical.

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

All District employees in positions covered by the licensed employee or the classified employee collective bargaining agreements and employees in administrative, professional and supervisory positions who are half time (0.5 FTE) or greater shall be regular employees after successful completion of a probationary period of employment as provided by collective bargaining agreements, Oregon Revised Statutes, and District policies and rules. 

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

 

Procedures for the dismissal or non-renewal of probationary teachers are set forth in section G7800 of these rules.

Employees who are not required to have a TSPC license and are represented by either the classified employees bargaining unit (Oregon School Employees Association) or the certified bargaining unit (Eugene Education Association) who have successfully completed their probationary period, referred to as school employees in Board policy, shall be regular employees with rights to employment subject to the applicable collective bargaining agreement and Oregon Revised Statutes.

The procedures to be followed for the dismissal or demotion of school employees are set forth in section G7800 of these rules. 

Employees in the licensed employees bargaining unit (Eugene Education Association) who have successfully completed the probationary period, referred to contract teachers in Board policy and Oregon Revised Statures, shall be regular employees with rights to employment subject to the collective bargaining agreement and Oregon Revised Statutes.

A contract teacher may be dismissed only for the grounds specified in ORS 342.865.

The principal and other involved administrators considering dismissal of a contract teacher shall discuss the reasons for dismissal with the Assistant Superintendent or designee and the Director of Human Resources to determine if appropriate action has been taken to assist the contract teacher and comply with the terms of ORS 342.850 (2) (b).

The procedures to be followed for dismissal of a contract teacher are set forth in section G7800 of these rules.

Employees in administrative positions which require a TSPC license, who are employed at half time (0.5 FTE) or greater and who have completed their probationary period, will be regular employees.  These employees are referred to as contract administrators in Board Policy. (Note - this category does not include assistant or deputy superintendents or the superintendent.  For the purposes of ORS 342.815(1), all instructional directors shall be considered deputy or assistant superintendents).

Following a probationary period, a contract administrator shall be employed pursuant to a three-year employment contract. A contract administrator may be dismissed or have a reduction in pay during the term of the contract for any reason set forth for dismissal of a teacher in ORS 342.865, or pursuant to ORS 342.934. The appeal rights of a contract administrator who has been dismissed or had a reduction in pay, or has had a non-extension of contract, are as set forth in ORS 342.845(5)(a).

The contract administrator may be assigned or reassigned at-will during the term of the contract. The School Board may elect not to extend the administrator's contract for any cause the School Board in good faith considers sufficient. Prior to March 15 of the second year of the administrator's contract, the School Board shall make one of the following actions:

(A) Issue a new three-year contract effective July 1 following the March 15 of the second year of the administrator's contract;
(B) Provide, in writing, notice that the contract will not be renewed or extended; or
(C) Extend the existing contract for a period of not more than one year.

A director considering dismissal of a contract administrator should discuss the reasons for  dismissal with the Deputy Superintendent or designee and the Director of Human Resources to determine if appropriate action has been taken to assist the contract teacher and to comply with the terms of ORS 342.850 (2) (b).

The procedures to be followed for the dismissal of contract administrator are set forth in section G7800 of these rules.

All administrative, professional, and supervisory employees in half-time (0.5 FTE) or greater positions, after successful completion of a one year probationary period, will be regular employees and can only be demoted or dismissed for cause.  Employees in this category are referred to as school employees in Board policy and Oregon Revised Statutes.

The procedures to be followed for the dismissal or demotion of school employees are set forth in section G7800 of these rules.

All associate directors, directors, or assistant superintendents who are employed in half-time (0.5) or greater FTE positions, after successful completion of a one year probationary period, will be regular employees employed on a one-year, annual contract, as provided by District policies and rules and Oregon Revised Statutes. 

Annual contracts will be extended each July 1 for an additional year unless the District gives notice in writing to the employee by the preceding March 15 that it is not extending the contract.  The grounds for the non-extension will be included in the written notice. 

During the life of the annual contract, employees can only be demoted for cause or dismissed for gross neglect of duty, insubordination, immorality, or for grounds that constitute a crime. 

The process to be followed for demotion or dismissal is set forth in section G7800 of these rules.

Regular employees are normally disciplined in a progressive manner. Alternate forms of discipline may be used when deemed more appropriate by the District.  If warranted by circumstances, higher level disciplines, including suspension or discharge may occur without prior discipline.  This policy does not apply to probationary, temporary, or casual employees who may be disciplined or discharged at any time, without notice and on any grounds deemed in good faith sufficient by the District in its sole discretion, unless the employee is covered by a collective bargaining agreement or statute which specifies a standard or a process that must be followed.

a.  Due Process - Supervisors are required to afford due process to a regular, non-probationary employee prior to depriving him/her of pay or his/her job.  With any suspension without pay, demotion, discharge, or other form of discipline with a monetary impact, after completing the investigation of the allegation, the employee must be given notice of the charges, the rules or policies that were violated, a summary of the findings, and the discipline being proposed.  The employee must be given the opportunity to respond to the due process notice prior to administering the discipline. 

b.  Discipline for FLSA-Exempt Employees - For employees who are exempt from the Fair Labor Standards Act, any reduction of pay for violations of workplace conduct rules, including suspensions or temporary demotions, must be for one or more full work days, unless the reduction is for an infraction of safety rules of major significance.  Disciplinary reductions of less than a full work day or for a mix of full and partial days are prohibited by the FLSA.   

c.  General Causes for Disciplinary Action - All policies of the Eugene School Board and administrative rules issued by the Superintendent, including but not limited to those included in these administrative rules, must be followed.  Violations of any of the policies or rules may lead to disciplinary action up to and including termination. For contract teachers and TSPC licensed administrators, the exclusive grounds for dismissal or non-extension of contract are found in ORS 342.845(5) and 342.865(1).

The following activities or behaviors, while not all inclusive, are general causes for disciplinary action.

     1.  Inefficiency, incompetence, or performance of less than required duties.

     2.  Using intoxicants on the job or reporting for work under the influence of intoxicants.

     3.  Habitual or excessive absence or tardiness, or abuse of sick leave privileges.

     4.  Absence from duty without authorization or failure to notify a supervisor when an employee is unable to come to work or to report on time.

     5.  Conviction of a felony or misdemeanor when the conviction would impair an employee's effectiveness as a District employee.

     6.  Willful or careless violation of safety rules or policies.

     7.  Failure to demonstrate skill in communications with students, parents, staff, or community members.

     8.  Offensive conduct toward the public or fellow employees in the course of employment or on or off duty conduct unbecoming to a District employee.

     9.  Willful violation of the District policies, rules, or regulations or state laws or regulations.

   10.  Insubordination - willful disobedience or failure to follow a lawful supervisory directive. 

   11.  Misuse of District Property

   12.  Dishonesty

   13.  Fraud in securing employment with the District, such as misrepresentation of employment history or academic achievement.

   14.  Failure or refusal to cooperate in an internal investigation.

   15.  Interfering with an internal investigation.

d.  Disciplinary Authority

The School Board has the ultimate authority to hire and fire employees.  This authority has been delegated to the superintendent for all regular employees who are not employed in a position requiring a valid state license from the Teacher's Standards and Practice Commission (TSPC).

To ensure consistent decision-making, all disciplinary actions should be reviewed with an appropriate level of department management and Human Resources prior to being issued.  Supervisors have the responsibility to monitor performance, investigate violations of policy or allegations of misconduct, and recommend appropriate disciplinary action.  No regular employee may be discharged, without consultation and approval of the superintendent and notification and review of Human Resources.  Additionally, any dismissals must follow the procedures outlined in the sections below.  Depending on the nature of the allegation, this may require that the supervisor place the employee on leave with pay until the necessary consultation can take place and the necessary procedural steps can be completed.  No employee can be suspended without pay, demoted, or deprived of any other monetary benefit without the approval of the department director and the notification and review of Human Resources.

Administrators and supervisors should maintain job performance records to document poor performance when it occurs and written records on investigations and rule infractions even when no disciplinary action is taken.  Documentation of all formal disciplinary action should be sent to Human Resources for inclusion in the personnel file.  Administrators and supervisors will be evaluated on their compliance with this directive.

The district's employment hearing procedures are described in Administrative Rules G7800.01, G7800.02, and G7800.03.

a.  Dismissal
Upon the recommendation of the principal or supervisor and with the approval of the superintendent, if in compliance with ORS 342.850(b)(D)(ii), the board may dismiss (discharge or remove) a probationary teacher employed in a position which requires a TSPC license at any time during the probationary period for any cause deemed in good faith sufficient by the board.   ORS 342.835 (1).

b.  Nonrenewal
Upon the recommendation of the principal or supervisor and with the approval of the superintendent, if in compliance with ORS 342.850(b)(D)(ii), the board may refuse to renew the contract of a probationary teacher during the probationary period for any cause deemed in good faith sufficient by the board.  ORS 342.835 (2).

c.  Notices
For dismissal, the District must provide the probationary teacher written notice of intent to recommend dismissal in advance of board action.  For nonrenewal, the District must provide the probationary teacher written notice of nonrenewal approved by the Board no later than March 15.  This notice provision shall not, however, be construed as a hearing procedure on a standard of conduct, and no appeals of decisions arising from this policy may be based thereon.

The notice to dismiss any probationary teacher shall advise the employee that the board has adopted a resolution to dismiss.  The notice of intent to dismiss or notice of nonrenewal shall specify the causes deemed in good faith sufficient by the board.

d.  Request for Hearing
A probationary teacher who desires a hearing on the nonrenewal or dismissal of his/her contract or employment in accordance with ORS 342.835 must personally or by an authorized representative file a written request therefore with the superintendent's office, together with a request for the reasons for the nonrenewal or dismissal.  The request must be formally filed with the superintendent's office by the end of the fifteenth (15th) calendar day after receipt of the notice to non-renew or dismiss.

e.  Hearing Procedures
     1.  Hearing.  The hearing will occur before a presiding officer designated by the board.  The district and probationary teacher representatives shall each have two (2) hours to present evidence and arguments to the board.  If either party requests more time, then, at the board's discretion, the hearing shall be extended and proceed before a presiding officer designated by the board.  A tape recording or other verbatim transcript of the extended hearing shall be made for the sole use of board members in reaching their decision.

     2.  Presiding Officer.  The presiding officer shall be a board member or other person designated by the board.   At the hearing, the probationary teacher will be given the opportunity to provide information that is relevant for the board to consider.

     3.  Presiding Officer's Report on Extended Hearing.  Unless the full board attends the extended hearing, the presiding officer will submit a report and recommendation to the board within fifteen (15) days after close of the extended hearing.

     4.  Applicable Procedures

          A.  The board shall act promptly on the recommendation to dismiss.  The board decision shall be written and shall be furnished to the parties forthwith.

          B.  The superintendent or his/her designee shall cooperate with the probationary teacher in the investigation of any matter involved and, further, shall furnish the probationary teacher and his/her representative with such necessary and readily available information as is requested for the processing of any hearing.

          C.  Except as provided in ORS 192.660(2)(b), hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives.

          D.  All documents, communications, and records generated by the hearing under this policy shall be filed in a separate file which shall constitute a "personnel file" within the meaning of the confidentiality provisions of ORS 342.850 and shall not be open for inspection by other than the administrative staff of the Human Resources Department in the absence of the specific approval of the superintendent or the probationary teacher.

          E.  Unless the probationary teacher gives notice of an intention to contest any entry in the probationary teacher's personnel file, the entire file may be received in evidence at the discretion of the presiding officer.  If the probationary teacher intends to contest the accuracy, correctness, or appropriateness of any entry that is pertinent to the issues, the probationary teacher, within ten (10) days of receiving the superintendent's notice of intent to dismiss or non-renew must file with the superintendent's office a list of the specific entries to be contested.  The list must state the specific entry to be contested and state the specific respects in which the probationary teacher believes it is inaccurate, incorrect, or inappropriate.  The presiding officer shall take notice of the intention to contest into consideration in determining whether additional testimony should be required to justify placing the contested entry into evidence.

     5.  Review and Decision by the Board

          A.  In General - The board shall review the record made at the hearing before making its decision.  Unless otherwise directed by the board, the evidence considered by it will be confined to the record made at the hearing, and any presentation to the board on the date on which the board makes its decision to dismiss or to review a nonrenewal which will consist only of argument based on the record and presented by either party, the probationary teacher or probationary teacher's representative, but not by both.

          B.  Finality - The hearing provided under this policy shall constitute the hearing specified in ORS 342.835.  The board's decision shall be final, subject to appeal to circuit court, and is not subject to arbitration under any applicable law or contract.

     6.  Applicability

The procedures set forth herein shall also apply to the nonrenewal of employment of temporary teachers.

     7.  Notices

Notices and copies to the probationary teacher given under this policy are deemed given and effective when delivered to the probationary teacher or upon mailing thereof by certified mail to the last address shown for the probationary teacher on the district's personnel record.

     8.  Special Procedures for Large-Scale Nonrenewals

Section e.2 of this policy shall not apply to large-scale non-renewals enacted by the board when required to reduce teachers due to program or budget reductions.  The evidentiary hearings with respect to all those requesting a hearing on such actions shall be consolidated into one proceeding and conducted at a board meeting.  In addition, the time for requests for reasons and hearing provided in Section 4 shall, for purposes of such actions only, be changed from the 15th day after the probationary teacher's receipt of the notice of nonrenewal to three months after the receipt of notice.

In these procedures, contract teacher refers to any regular employee who is required to have a TSPC-license for his or her position.  The term days refers to calendar days.

Preliminary Procedures for Dismissal of a Contract Teacher

1.  If the Principal or supervisor, after a review of all applicable policies and laws with the Director of Human Resources, determines that dismissal of a contract teacher is appropriate, the  principal or supervisor shall notify the contract teacher of his/her recommendation to the superintendent and of the reasons for the dismissal.

2.  A contract teacher may have an informal hearing on the principal's or supervisor's recommendation before the superintendent or superintendent's designee by giving the superintendent a written request for the hearing within ten (10) days of the date of the director's recommendation for dismissal to the superintendent.

3.  The superintendent or superintendent's designee, if requested, shall conduct an informal hearing and determine if substantial evidence supports the principal's or supervisor's recommendation for dismissal.  The superintendent shall notify the contract teacher of his/her support of the recommendation.

Dismissal--Contract Teachers

1.  The board shall initiate procedures to dismiss a contract teacher only after the superintendent gives recommendation for dismissal to the board.

2.  At least twenty (20) days before recommending to the board the dismissal of the contract teacher, the superintendent shall give written notice to the teacher in the form and manner prescribed by ORS 342.895.

3.  The contract teacher shall have a board hearing on his/her recommended dismissal unless the teacher waives the hearing by submitting a written waiver to the superintendent within fifteen (15) days of receipt of the superintendent's recommendation for dismissal.  The following procedures shall apply at a hearing before the board, which is requested by a contract teacher.

4.  Hearing Procedures:

      a.  Hearing.  A presiding officer designated by the board shall conduct the hearing.  The district and teacher representatives shall each have up to three (3) hours to present evidence and arguments to the board.  If either party requests more time, then, at the board's discretion, the hearing may be extended and proceed before the presiding officer designated by the board.

      b.  Presiding Officer.  The presiding officer shall be a board member or other person designated by the board.

      c.  Presiding Officer's Report on Extended Hearing.  Unless the full board attends the extended hearing, the presiding officer shall submit a report and recommendation to the board within fifteen (15) days after close of the extended hearing.

      d.  Decision.  After the hearing and consideration of any report from the presiding officer, the board will decide whether the superintendent's recommendation of dismissal should be affirmed, reversed, or modified.

      e.  Reasons and Issues.  The written reasons for the superintendent's recommendation, which have been provided to the contract teacher, will establish the basis and issues for the hearing.

      f.  Conduct of the Hearing:

           A.  The presiding officer shall inform the contract teacher of the date, time, and place of the hearing.

           B.  The hearing shall not be open to the public unless the contract teacher requests a public meeting.  Unless a public hearing is held, the only tape recording or verbatim transcript will be that created for the use of board members.  Except upon request a tape copy or transcript copy will be provided to the contract teacher after payment for the copy cost.

           C.  Unless the hearing is in public, any witnesses other than the contract teacher, supervisors, superintendent, and board member may attend the hearing only while testifying.

           D.  All documents, communications, and records generated by the hearing are to be filed in a separate file, which will constitute a "personnel file" within the meaning of the confidentiality provisions of ORS 342.850 and will not be open for inspection by anyone other than the Director of Human Resources, in the absence of the specific approval of the superintendent or the contract teacher.

           E.  The presiding officer shall make such rulings as appear appropriate regarding the proceedings, the order of proof, and the form of testimony and evidence.  The following general procedure, however, will apply:

                1)  The presiding officer shall open the hearing.  If a quorum of the board is present, the presiding officer will announce the basis for the executive session (unless the hearing is public by the contract teacher's request).  The presiding officer will also state the issue(s).

                2)  The district and the contract teacher may be represented by counsel.

                3)  The district shall present its position first.

                4)  The contract teacher shall next present his/her position.

                5)  The positions of the district and contract teacher may be presented in narrative format, in writing, through witnesses, and/or through documents.  Each party shall have the right of cross-examination.

                6)  Each party shall be allowed three (3) hours for the parties' presentation.  This time will be extended upon request of the contract teacher.  The board may choose to not be present for any presentation beyond the three hours for each party.

                7)  Failure by the contract teacher to attend the hearing will be deemed a withdrawal of the request for a hearing and a waiver of the right to such a hearing.

                8)  Formal rules of evidence do not apply.  The presiding officer shall allow evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their serious affairs.  ORS 183.450 (1).  Under this standard for admissibility of evidence, hearsay evidence is not automatically excluded.  Objection to hearsay evidence generally relates to the weight to be given the evidence. In reaching a decision, the board will only consider evidence, which has been admitted.

                9)  All decisions regarding the conduct of the hearing will be made by the presiding officer.

              10)  The presiding officer may ask questions of the parties and any witnesses.  With permission of the presiding officer, board members may also pose questions.

5.  Decision of the Board

      a.  In General.  The board's decision will be confined to the evidence presented at the hearing, written and furnished to the parties promptly after the board meets to consider the report of the presiding officer.

      b.  Deliberations.  The board shall deliberate in the presence of the parties after conclusion of the parties' presentation.  Following the hearing, the board shall meet in executive session, unless an open meeting is requested in writing by the teacher, and make its written Findings of  Fact and conclusions of law as to the recommended action.  The Findings of Fact shall be included in the decision and communicated to the employee.  Any action taken in executive session shall be then submitted to the board in open session for final action.

6.  Appeal.  If the board enters an order dismissing the contract teacher, the contract teacher may appeal the decision as provided by law or collective bargaining contract.  The board's order shall be subject to the provisions of ORS 342.805 to 342.937.

7.  Notices.  Notices and copies to the contract teacher given under this policy shall be deemed given and effective when delivered to the contract teacher or upon mailing thereof by certified mail to the last address shown for the contract teacher on the district's personnel records.

In this procedure the term school employee refers to any regular employee who is not required to hold a TSPC-license for his/her position.

a.  Preliminary Procedures:  Dismissal/Demotion

      1.  A dismissal is the termination of a school employee's employment with the district.  A demotion is the district involuntarily assigning a school employee to a position at a lower rate of pay.

      2.  A school employee recommended for dismissal or demotion by his/her supervisor shall be given the reason(s) for the recommendation.

      3.  Upon receipt of a supervisor's recommendation that a school employee be dismissed or demoted, the Director of Human Resources, or a designee, shall investigate to determine whether the supervisor has followed the appropriate procedures and whether substantial evidence supports the recommendation for dismissal or demotion.  The investigation shall include an opportunity for the school employee to have an informal hearing before the Director of Human Resources or his/her designee on the reason(s) for dismissal or demotion.  The school employee shall be given written notice of the informal hearing opportunity and of the right to have a representative at the hearing.

      4.  If the Director of Human Resources determines that dismissal or demotion of a school employee is appropriate, the director shall notify the employee of his/her dismissal or demotion decision and of the reasons for the decision.  The decision of the Director of Human Resources shall be final unless the employee submits an appeal to the superintendent as provided in this policy.  If the employee appeals to the superintendent, then the Human Resources Director shall suspend the employee without pay pending the superintendent's final decision.

      5.  Days shall be calendar days.

b.  Appeal Procedures to the Superintendent for Recommended Dismissal/Demotion of School Employees

      1.  A school employee may appeal his/her dismissal or demotion to the superintendent by giving written notice to the superintendent of the intent to appeal with a statement of the reasons for the appeal within five (5) days of the date of the notice of dismissal or demotion by the Director of Human Resources.

      2.  The superintendent or his/her designee shall determine if substantial evidence supports the dismissal or demotion.  The superintendent or his/her designee shall conduct an informal hearing to gather evidence at the request of the employee.  The informal hearing shall include the right to be represented and the right to cross-examine witnesses presented by the district.  The superintendent will notify the employee of his/her decision on the dismissal or demotion within five (5) days of receipt of the notice of appeal, or of the informal hearing.

      3.  The superintendent's decision on a dismissal or demotion shall have attached to it the Notice to Party of Rights and Procedures set forth in section c of this policy for the board hearing should the school employee elect to appeal to the school board the superintendent's decision as provided herein.  A written request to appeal the superintendent's decision must be filed with the superintendent within fifteen (15) days of the dismissal or demotion.

c.  Notice to Employee of Rights and Procedures for Board Hearing on Dismissal or Demotion of School Employees

      1.  A school employee who has been demoted or dismissed shall be entitled to a hearing before the school board if a written request has been made.

      2.  Hearing Procedure

           A.  Reasons and Issues.  The reasons stated in the superintendent's notice shall establish the basis and issues for a hearing conducted pursuant to these procedures.

           B.  Hearing.  The hearing shall occur before a presiding officer designated by the board.  The parties shall have the right of cross-examination.  The district and employee representatives shall each have two (2) hours to present evidence and arguments to the board.  If either party needs more time, then the hearing may be extended at the discretion of the presiding officer.  A tape recording or other verbatim transcript of the extended hearing will be made for the sole use of board members in reaching their decision.

           C.  Presiding Officer.  The presiding officer will be a board member or other person designated by the board.   At the hearing, the school employee will be given the opportunity to provide information that is relevant for the board to consider.

           D.  Presiding Officer's Report on Extended Hearing.  Unless the full board attends the extended hearing, the presiding officer will submit a report and recommendation to the board within fifteen (15) days after close of the extended hearing.

           E.  Procedures Applicable Generally

                1.  The board shall act promptly on the demotion or dismissal.  The board's decision shall be written and shall be furnished to the parties forthwith.

                2.  The superintendent or his designee shall cooperate with the school employee in the investigation of any matter involved and, further, will furnish the school employee and his/her representative with such necessary and readily available information as is requested for the processing of any hearing.

                3.  Except as otherwise provided by law, hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives

                4.  All documents, communications, and records generated by the hearing under this policy shall be filed in a separate file, which shall constitute a "personnel file" and shall not be open for inspection by other than the staff of the Human Resources Department in the absence of the specific approval of the superintendent or the school employee.

      3.  Review by Board

           A.  In General.  The board shall review the record made at the hearing before making its decision.  Unless otherwise directed by the board, the evidence considered by it will be confined to the record made at the hearing, and any presentation to the board on the date on which the board makes its decision on behalf of a school employee which will consist only of argument based on the record and presented by either the school employee or the school employee's representative, but not by both.

           B.  Finality.  The hearing provided under this policy shall constitute the hearing specified in ORS 332.544.  The board's decision shall be final and is not subject to arbitration except as provided by collective bargaining contract.

      4.  Notices.

Notices and copies to the school employee given under this policy are deemed given and effective when delivered to the school employee or upon mailing thereof by certified mail to the last address shown for the school employee on the district's personnel record.

The following administrative rules apply to Miscellaneous Provisions.

All employee records relating to selection, recruitment, benefits, employment status, performance, discipline, and termination shall be maintained by Human Resources. State Statutes require that some employment records are retained up to 75 years. It is the practice of the District not to remove items from Personnel Files. All employee records should be dated.

Employees need to keep personal information in the District’s database up to date, such as social security number, address, telephone, emergency contacts, name, citizenship status, etc.

Human Resources will maintain the official, complete personnel files of employees (Board Policy GBL). Departments/buildings may also create and maintain employee files which contain duplicates of items in the personnel file and other information concerning the employee that would assist the supervisor in monitoring employee performance and in completing the employee's annual evaluation.

Access to personnel files is limited to authorized supervisory and management employees and those clerical employees responsible for maintaining the files. Personnel file information is not released to others without the written consent of the employee unless required by a court order. An employee may view his/her personnel file or department employee file in accordance with this policy

Employees shall receive copies of all information that is placed in their official personnel file. Supervisors should attempt to secure an employee's signature on any documents that reflect critically upon the employee's performance. The employee's signature confirms that the supervisor has discussed it with the employee and given a copy of the material to the employee. The employee’s signature does not indicate agreement or disagreement. If an employee refuses to sign a document, the supervisor shall write below the employee signature line: “Employee refused to sign" followed by the supervisor's signature.

All records containing medical information, including fitness for duty evaluations, drug screening tests, Commercial Driver's License physicals, independent medical evaluations, FMLA notices, and pre-hire employment medical exams are maintained separately in a Medical Records file maintained in Human Resources. The only exception is medical records pertaining to Workers' Compensation claims. Copies of medical records may not be kept in department or building files.

Employees have the right to review their department or building employee file. Department or building employee files must be reviewed in the presence of a designated department staff member.

Employees have the right to review their personnel file in Human Resources. Personnel files must be reviewed in the presence of a designated staff member of Human Resources. Employees wishing to review their personnel file should contact Human Resources and make an appointment. Employees are required to show picture identification before reviewing their personnel file.

An employee may authorize in writing access to his/her personnel file to his/her designated representative. Personnel files may not be removed from the Human Resources office. Upon request, and for a charge, employees may be provided copies of documents in their personnel file. Certified copies of personnel file documents may be provided only by Human Resources.