INDEX 200 SERIES
PERSONNEL
(Human Resources)
200 Personnel Policy Statement
201 Nondiscrimination Policy
202 Educators’ Code of Ethics
203 Employer-Employee
Relations
204 Code of Ethics for All
Coaches
205 Applicant
Background Investigations
206 Qualifications
for Licensed Employees
207 Job Descriptions
208 Superintendent of Schools
212
Principals of Schools, Employment and Functions
215 Evaluation of Employees
216 Evaluation of Coaches
217 Employment, Assignment, Reemployment,Termination of Employees
218 Transfer of
Certified Personnel
219 Reemployment / Termination / Discharge of Licensed School
Instructors
220
Reemployment / Termination of Other Employees
221 Resignations of Employees
222
Drug-Free Schools and Campuses and Drug-Free Work Place
223 Bus Driver Drug Testing
224 Employee Use of
Tobacco Products
225 Employee Dress Code
227 Reduction-in-Force (R.I.F)
230 Sexual Harassment-Employees
231 Sexual Misconduct
233 Employee Assault
234
Violent and Aggressive Conduct by School Employees
236 Optional Grievance
Procedure
239 Substitute Teachers
242 Tutoring of Students
243 Conflict of Interest
245 Travel, Per
Diem and Mileage Payments
248 Soliciting and
Selling by Employees
249 Gifts and Gratuities
251
Political Activities by Employees and Others
252 Academic Freedom
254 Employee / Immediate Family Members Doing Business with the School
District
257 Personnel Records
258 Release of
Personnel Information
259 Disclosure of
Employee Names
260 Professional Leave
261 Sick Leave
263 Family and Medical
Leave
264 Personal Leave
265 Extended Personal Leave
266 Jury Duty / Court
Subpoena Leave
267 Bereavement Leave
268 Military Leave
269 Sick Leave Bank
270 Child Rearing Leave
271 Employee
Eligibility for Fringe Benefits
272
Personnel and Communicable Disease/Health Threats
273 Overtime Compensation
274 Personnel Assignments
275 Contracts
and Extracurricular Activities
276 Reporting
Illegal or Improper Conduct
277
Reporting Student Abuse of Alcohol or Drugs
278
Reporting Acts of Violence, Vandalism
279 Reporting Child
Abuse and Neglect
280 Injury Reporting
281 Sex Offender Registration and Notification (Megan’s Law)
282 Employment Recommendations for Current or Former Employees of the
District
283 Code of Ethics and
Conduct
284 Training & Experience
285 Hiring Procedures
286 Holidays
287 District Cellular
Phone Usage
288 Use of Credit Cards
Personnel Policy Statement
200
TOP
The personnel policies of the Taos Municipal School District are an
essential part of the program of public education in the community.
Through its policies, the Board of Education wishes to establish
conditions that will attract and hold the highest qualified personnel
who will devote themselves to the education and welfare of our students.
The Board of Education encourages cooperative efforts by the
administration and employees or their representatives in the development
of personnel policies and regulations. Provisions for the implementation
of adopted personnel policies should include channels of communication
and procedures for the handling of professional and ethical problems,
through which all persons or groups affected may voice their opinion.
To keep its personnel policies and corresponding regulations in the
highest state of effectiveness to achieve the above purposes, the
Superintendent is directed to establish the procedures needed.
Nondiscrimination Policy 201
TOP
The Taos Municipal School District is an Equal Opportunity employer. It
is the policy of the school district to not discriminate against any
employee or applicant for employment because of race, color, religion,
age, sex, handicap, national origin, ancestry, physical disability,
marital status or political affiliation. The school district promotes
the principle of equal employment opportunity.
Accordingly, all recruiting, hiring and promoting for all job
classifications is made without regard to race, color, religion, age,
sex, handicap, national origin, ancestry, physical disability, marital
status or political affiliation, except where age, sex, or type of
handicap is a bona fide occupational qualification. The school district
makes diligent efforts to assure that all personnel actions, such as
recruitment, job advertising, employment, rates of pay or other forms of
compensation, promotion, transfer, demotion, layoff, termination,
discharge, selection for training, discipline, application or
administration of any bargaining agreements, or any rule, regulation or
policy relating to the terms and conditions of employment will be
administered without regard to race, color, religion, age, sex,
handicap, national origin, ancestry, physical disability, marital
status, sexual orientation or political affiliation, except where age,
sex, or type of handicap is a bona fide occupational qualification.
Educators’ Code of Ethics
202-1
TOP
The Taos Board of Education expects all staff to instill the highest
ethical standards in the students and therefore, expects employees to
model the highest ethical standards. Members of the instructional and
administrative staffs of the Taos Municipal Schools are expected to
conduct themselves according to the professional standards established
in the following Code of Ethics for the educational profession.
In fulfilling his/her obligation to the student, the educator:
A. Shall not, without just cause, restrain the student from independent
action in the pursuit of learning, shall not, without just cause, deny
the student access to varying points of view.
B. Shall not deliberately suppress or distort subject matter for which
he/she bears responsibility.
C. Shall make reasonable effort to protect the student from conditions
harmful to learning or to health and safety.
D. Shall conduct professional business in such a way that the student is
not exposed to unnecessary embarrassment of disparagement.
E. Shall teach the assigned curriculum.
F. Shall not on the grounds of race, color, creed, religion, or national
origin exclude any student from participation in or deny the benefits
under any program, nor grant any discriminatory consideration or
advantage.
G. Shall not use professional relationships with students for private
advantage.
H. Shall keep in confidence information that has been obtained in the
course of professional service, unless disclosure serves professional
purposes or is required by law.
I. Shall not misrepresent the institution or organization with which
he/she is affiliated, and shall take adequate precautions to distinguish
between personal and institutional or organizational views.
J. Shall not distort or misrepresent the facts concerning educational
matters in direct and indirect public expression.
K. Shall not use institutional privileges for private gain or to promote
political candidates or partisan political activities.
L. Shall accept no gratuities, gifts or favors that might impair or
appear to impair professional judgment, nor offer any favor, service or
thing of value to obtain special advantage.
M. Shall conduct professional business through the appropriate chain of
command.
Employee-Employer
Relations 203
TOP
The Taos Municipal School District endeavors to provide a positive work
environment for its employees. The District recognizes the importance of
creating a fundamental relationship of mutual respect between all
employees, administration and the Board of Education. In doing so, the
Board recognizes the need to solicit and facilitate employee input and
participation in the decision making processes in the District.
The District recognizes the following activities as protected by policy
and afforded to the Taos Federation of United School Employees or any
formally recognized employee representative.
A. The authority to solicit membership from District employees:
1. Including the opportunity to utilize District facilities for
meetings.
2. Make announcements of a nonpolitical nature at orientations and staff
meetings when they have scheduled the opportunity with the appropriate
administrator.
3. Accommodate visits by union officials to District campuses when the
visit is scheduled outside of the classroom day.
4. Allow union literature and information to be posted in employee
lounges or specified gathering places.
B. To have representation on permanent and Ad Hoc District committees.
C. The right to collect union dues through payroll deduction or employee
payroll checks with the District.
D. Allow union representation at meetings requested by an employee with
administration, or at any meeting whose purpose is potentially
disciplinary in nature.
1. The union representative may not address the administration unless
both parties request their input.
2. The representative is the recognized individual from that site or an
individual assigned by the Taos Federation of United School Employees.
E. The right to represent employees in cases of employment which may
result in a request for arbitration in accordance with New Mexico
employment statutes.
Code of Ethics for All Coaches
TOP
The Coach's primary role
is to facilitate the process of the individual development through the
achievement of athletic potential. This role accepts the
student-athlete's long-term all around interests as of greater
importance than short-term athletic considerations. To fulfill this
role, the coach must:
-
Respect basic human
rights.
-
Operate without
discrimination on the grounds of gender, ethnic origin, cultural
background, sexual orientation, religion or political affiliation.
-
Respect the dignity
and recognize the contribution of each individual; this includes
respecting the right for freedom from physical, emotional, verbal or
sexual harassment.
-
Act in a responsible
and professional manner at all times because he/she represents the
school, community, profession, faculty, and the student body.
-
Stress the importance
of academic success, not only to attain good grades, but also to
secure a well-rounded education.
-
Acknowledge and
respect the rules of competition. This respect should extend to the
spirit as well as to the letter of the rules.
-
Never place the value
of victory above that of instilling the highest possible ideals and
character traits in their athletes. The safety and welfare of the
players should always be uppermost in their mind and these values
must never be sacrificed for personal prestige or personal gain.
-
Exhibit an active
respect for officials by accepting the ability of the officials to
ensure that competitions are conducted fairly and according to the
established rules.
-
Assert a positive and
active leadership role n all respects to prevent any use of
prohibited drugs, alcohol, or other disallowed performance enhancing
substances or practices.
-
Coaches will
discourage student athletes from partaking in legal nutritional
supplements.
Applicant
Background Investigations** 205
TOP
The Taos Municipal School District will conduct work and education
investigations and personal reference inquiries on each applicant
recommended for hire, including but not limited to, substitutes,
temporaries, and finalists for position vacancies. Each applicant must
sign a statement which authorizes the District to inspect and/or obtain
copies of any arrest fingerprint-card-supported record of information
maintained by the State Department of Public Safety, including
information concerning felony or misdemeanor arrests pursuant to NMSA
1978, Section 29-10-6 (A) of the New Mexico Arrest Record Information
Act, and as maintained in any other state in which an applicant
resides/resided. This arrest record investigation will be conducted at
the candidate’s expense and is a condition of further consideration for
employment.
The signed statement shall also include acknowledgements by the
applicant:
1. that the person’s application reveals any and each prior felony
conviction(s), and
2. that the applicant understands that the District may, at its
discretion, make inquiries about the applicant with persons other than
the persons listed as references.
Any offer of employment is contingent upon the satisfactory completion
of all background investigations.
Criminal convictions shall not automatically bar an applicant from
obtaining employment with the Taos School District; however, pursuant to
the Criminal Offence Act, NMSA 1978, Sections 28-2-4 and 28-2-5, and any
other relevant state or federal law, may be the basis for refusing
employment.
With regard to existing employees, the District may conduct equivalent
background investigations if the District becomes aware of facts,
circumstances or conduct giving rise to a reasonable suspicion that the
employee has a history that, if substantiated, may adversely affect
their fitness to continue employment with the District.
Reference: NMSA 1978, Section 29-10-6 (A) of the
NM Arrest Record Information Act
Criminal Offence Act, NMSA 1978, Sections 28-2-4 and 28-2-5
Qualifications for
Licensed Employees 206
TOP
All persons employed to administer, teach, supervise, counsel or provide
special instructional services in the Taos Municipal School District
shall hold and present to the District within ninety (90) days after the
beginning of the school year a valid New Mexico license authorizing that
person to perform that function. Failure to present such license within
the prescribed time leads to forfeiture of all claims to compensation
rendered thereafter.
Each licensed employee shall comply with and enforce all laws,
regulations and policies applicable to the Taos Schools; if instructing,
teach the courses prescribed; exercise supervision over students on Taos
Municipal School District property and while students are under the
control of the Taos Schools; and furnish such reports and attend such
meetings as may be required.
See policies: 222, 230, 231, 290, 291, 292, 293, 338, 526
Job Descriptions 207
TOP
The Superintendent is charged with the responsibility for creating job
descriptions for all classes of employees. It is the Board’s desire that
the job descriptions:
1. assist employees to meet their duties and responsibilities,
2. assist employees and supervisors in the employee evaluation process,
3. encourage the cooperation and collaboration among and between
employees needed for maximum efficiency and effectiveness in achieving
the work of the District, and
4. assist the District in meeting its responsibilities under the
Americans with Disabilities Act.
See policy: 201
Superintendent of Schools 208
TOP
The Superintendent of Schools is employed as the executive officer of
the Board and the administrative head of the schools.
The Superintendent of Schools shall be qualified to hold office under
the current rules and regulations governing licensure of teachers and
administrators, State Department of Education.
The Superintendent shall assume the responsibility and be given the
authority for the operation of the schools. This responsibility extends
to business and administration, educational leadership, personnel,
management, public relations, organization of resources, both material
and personnel, delegation of duties and authority, and supervision of
all delegated tasks and of all individuals to whom authority and
responsibility are assigned.
The Board will meet at least once each year with the Superintendent to
discuss the Superintendent’s job performance.
The Board will take action on the Superintendent’s contract no later
than the month of January in the year in which the Superintendent’s
contract expires, but may also extend the contract in the intervening
year of a multi-year contract, not to exceed three (3) years.
The Superintendent’s salary shall be determined annually by the Board of
Education.
See policy: 190
Principals
of Schools: Employment and Functions 212
TOP
The Principal is the chief administrative officer of the individual
school.
The Principal is responsible to and shall serve under the direction of
the Superintendent.
The Principal is responsible, in accordance with state standards,
regulations, statutes and local school policies, for the organization,
administration, supervision and outcomes of the school.
All principals shall meet New Mexico State Licensure requirements for
the position for which they are elected and salaries shall be determined
subject to budgetary allowances and salary schedules as adopted by the
Taos Board of Education.
The Board of Education, upon the recommendation of the Superintendent,
shall appoint the District’s principals.
See policy: 217
Evaluation of Employees 215
TOP
The Superintendent shall provide a system of periodic evaluation for all
employees of the school district, with written reports prepared and
reviewed with each employee and kept on file in the Superintendent’s
office. The plan for evaluation for each class of employees shall meet
any state regulatory or statutory requirements and shall be reviewed by
the Board.
No evaluation report shall be placed in an employee’s file without
review and discussion between the employee and employee’s supervisor.
An employee in disagreement with the contents of the evaluation report
may submit a written rebuttal to be attached to the report and kept on
file. Such a rebuttal must be submitted within ten (10) school days of
the evaluation review.
Evaluation of Coaches
TOP
Coaches and assistant
coaches are at-will employees of the District. At the high school
level, the Principal and Athletic Director shall observe and evaluate
coaches and their assistant coaches during practice and game sessions.
At the middle school level, coaches and assistant coaches shall be
evaluated by the Athletic Coordinator, the head coach and the
Principal. Parents and students will be allowed to provide their input
regarding a coach's evaluation.
Final evaluations shall
be completed within one month at the end of the season. The evaluation
shall be in writing and on a form consistent with the policies of the
District.
No written evaluation
shall be placed in a coach or assistant coach's file without being
reviewed and discussed. The coach and assistant coach will be given an
opportunity for comment or rebuttal. Written comments must be received
by the Athletic Department within ten (10) days of the evaluation review
to be part of the evaluation.
The final decision on the
continued employment of head coaches is the responsibility of the
Superintendent, based upon the recommendation of the Athletic Director.
Employment, Assignment, Re-Employment, Termination of Employees 217
As provided by law, the employment, re-employment and termination of
employees is the responsibility of the Board of Education, acting only
after hearing the recommendation of the Superintendent.
The assignment of employees is delegated to the Superintendent with
specific policy guidance in the matter of transfers of employees from
one location to another as set out in policy 218.
The following schedule shall prevail for re-employment of employees:
1. Licensed administrative and supervisory employees other than the
Superintendent (see policy 208) shall have their status reviewed by the
Board in March of the year in which such employee’s contract expires,
with action taken no later than the last day of April. The Board may
also extend the contract of any such employee in the intervening year of
a multi-year contract.
2. All other personnel shall be given written notice of re-employment or
termination on or before the fourteenth (14th ) day before the last day
of pupil-attendance in the existing employment contract, but shall, in
April, have their status reviewed for possible action by the Board.
See policies: 208, 218, 219, 220
Transfer of Certified
Personnel 218-1
TOP
Transfers from one school to another should be viewed as opportunities
for professional growth and instructional improvement.
While it is the intent of the Board to consider the desires and needs of
staff members impacted by transfers, the ultimate authority to reassign
staff lies with the Superintendent as delegated by the Board. In all
cases, transfers will be made in the best interests of the District.
The following procedures apply to certified staff.
Voluntary Transfers (Employee-Initiated)
A. The employee requesting a transfer shall make his/her request in
writing to the Superintendent on a form provided by the District no
later than April 15 of each year. The request shall indicate the grade
and/or subject desired and the school or schools in order of preference
to which he/she desires to be transferred.
B. A copy of the request will, upon request of the employee, be
distributed to the school(s) to which he/she desires to be transferred.
C. In acting on requests for voluntary transfer, consideration shall be
given, but not limited to the following criteria:
1. vacancy availability
2. licensure
3. instructional requirements
4. staff availability and experience
5. years of service in the district
D. Employees requesting transfers shall be notified of the status of
their request as soon as possible.
Involuntary Transfers (Employer-Initiated)
A. Transfers of this nature can be made in the following circumstances:
1. when there is a need to comply with federal or state requirements
2. when there are changes in certification requirements and/or
instructional skills necessary for implementation or maintenance of
programs
3. when there is the need to reduce staff due to declining enrollment
4. when there are distinct differences in pupil-teacher ratios at school
sites and there is a need to more appropriately balance classes
5. whenever there are other needs that would benefit the district
B. In all cases, every effort will be made to accomplish needed
adjustments through a voluntary process. Volunteers will be considered
first.
C. When it becomes necessary to reassign employees in an involuntary
transfer, consideration will be given, but not limited to, the following
factors:
1. licensure
2. length of service in the district
3. instructional requirements
D. Upon receiving notification of involuntary transfer, the affected
employee may complete a form provided by the District indicating grade
level or subject desired and school(s) in order of preference. The
employee may request a meeting with the Superintendent or his/her
designee to discuss the reasons for the transfer. The District will
consider these requests in making its decisions regarding involuntary
transfers.
See policies: 201, 227
Reemployment, Termination, Discharge of Licensed School
Instructors**219-1
On or before the 14th day before the end of the school year of the
existing employment contract, or earlier as may be provided by the State
Board of Education Rules and Regulations, the Board shall serve written
notice of reemployment or termination on each licensed school instructor
(teacher, counselor, librarian, therapist, and coordinator) employed by
the Taos Municipal School District. The notice of reemployment shall be
an offer of employment for the ensuing school year. A notice of
termination shall be a notice of intention not to reemploy for the
ensuing school year. Failure of the Board of Education to serve a
written notice of reemployment or termination on a licensed school
instructor shall be construed to mean that notice of reemployment has
been served upon the person for the ensuring school year according to
the terms of the existing employment contract but subject to any
additional compensation allowed other licensed school instructors of
like qualifications and experience employed by the District.
Each licensed school instructor shall deliver to the Board of Education
a written notice of acceptance or rejection of reemployment for the
ensuing school year within fifteen (15) days of the following:
A. The date written notice of reemployment is served upon the person;
or,
B. The last day of the school year when no written notice of
reemployment or termination is served upon the person on or before the
last day of the current school year.
Termination
All procedures and required time-lines regarding the rights of
terminated certified school instructors referred to in the following
paragraphs are detailed in MNSA 1978, 22-10-14, copies of which are on
file and available in the Superintendent’s office.
A certified school instructor who has been employed by the District for
three consecutive years may be terminated only for a reason that is
rationally related to the employee’s competence or turpitude or the
proper performance of duty and that is not in violation of the
employee’s civil or constitutional rights. The employee may request an
opportunity to make a statement to the Board of Education and may also
request in writing the reasons for the termination action, as provided
by law. Neither the Superintendent, administrator, nor the Taos Board of
Education shall publicly disclose its reasons for termination.
The employee may be granted a hearing before the Board of Education, as
provided by law, under the contention that the decision to terminate was
made without just cause. If the employee is still aggrieved by the
decision of the Board following the hearing, the law provides that an
appeal may be made to an independent arbitrator for a de novo hearing.
The arbitrator shall decide whether there was just cause for the
decision to terminate.
The Board may decline to re-employ a certified school instructor with
less than three years of consecutive service with the District, in the
same classification, for any reason it deems sufficient. Upon request of
the certified school instructor, the Superintendent or administrator
shall provide written reasons for the decision to terminate. The
Superintendent, administrator, or Board of Education shall not publicly
disclose the reasons. The reasons shall not provide a basis for
contesting the decision.
Discharge
A certified school employee may be discharged only for a reason that is
rationally related to the employee’s competence or turpitude or the
proper performance of duty and that is not in violation of the
employee’s civil or constitutional rights.
The Superintendent shall serve a written notice of intent to recommend
discharge on the certified school employee in accordance with the law of
process in civil actions. The notice shall state the intent to recommend
discharge and the cause for the recommendation, and shall advise the
employee of the right to a discharge hearing before the Board of
Education.
The employee may exercise the right to a hearing by giving the
Superintendent written notice of that election within five (5) working
days of the receipt of the notice to recommend discharge.
All details pertaining to the employee’s rights and the procedures to be
followed are detailed in NMSA 1978, 22-10-17, 17.1, copies of which are
available in the Superintendent’s office.
Reference: NMSA 1978, 22-10-17, 17.1
Reemployment/Termination of Other Employees 220
TOP
This policy and the statutes upon which it is based do not pertain to
certified school instructors employed to fill a position of a certified
school instructor entering military service or a person employed as a
certified school administrator, or a non-certified school employee
employed to perform primarily district-wide management functions.
The Board of Education may terminate an employee with fewer than three
(3) years of consecutive service for any reason it deems sufficient.
Upon request of the employee, the Superintendent or administrator shall
provide written reasons for the decision to terminate. The reasons shall
be provided within ten (10) working days of the request. The
Superintendent, administrator or the Board shall not publicly disclose
the reasons. The reasons shall not provide a basis for contesting the
decision.
All procedures and timelines regarding the rights of terminated
non-certified school employees referred to in the following paragraphs
are detailed in NMSA 1978, 22-10-14, 14.1; copies of which are on file
and available in the Superintendent’s office.
Before terminating a non-certified school employee, the Board shall
serve the employee with a written notice of termination. Termination of
a non-certified school employee who has been employed for three (3)
consecutive years shall be only for a reason that is rationally related
to the employee’s competence or turpitude or proper performance of duty
and that is not in violation of the employee’s civil or constitutional
rights. Any such employee who has been employed for three (3)
consecutive years may request an opportunity to make a statement to the
Board of Education and may also request in writing the reasons for the
termination action. Neither the Superintendent, administration nor the
Board shall publicly disclose the reasons for termination.
If the employee is still aggrieved by the decision of the Board
following a hearing with the Board, an appeal may be filed to request a
de novo hearing with an independent arbitrator. The arbitrator shall
decide whether there was just cause for the termination.
Reference: NMSA 1978, 22-10-14, 14.1
Resignations of Employees 221
TOP
Licensed employees shall provide the Superintendent with at least thirty
(30) days notice of the intent to resign.
Non-licensed employees shall provide at least two (2) weeks notice of
the intent to resign.
Under extenuating circumstances, the Superintendent may waive these
notice requirements.
Drug-Free
Schools/Campuses and Work Place** 222-1
TOP
The Taos Board of Education realizes that on-the-job substance abuse is
a pervasive problem throughout the American society. The District
recognizes that drug abuse in the work place can seriously injure the
health of employees, adversely impair job performance, and endanger the
safety and well being of other employees, students and members of the
community. In addition, increased health care problems arising from
substance abuse can cause increased health care costs to the employee
and District in the form of treatment costs and increased insurance
costs. Therefore, in response to this significant problem, the Board has
adopted this policy and will make a good faith effort to maintain a
drug-free work place.
Prohibited Practices
Substance abuse in the work place, on school premises, during school
programs, or while on school business is prohibited. The unauthorized
manufacture, distribution, dispensation, sale, possession, or transfer,
use or being under the influence of controlled substances (as proscribed
by the Controlled Substances Act and Schedules I through V of the
Federal Drug Free Work Place Act of 1988) or any other substance abuse
in the work place, on school premises, during school programs, or while
on school business constitutes a violation of this policy. Also
prohibited is possessing, selling, giving away or using any equipment or
apparatus used for measuring, packaging, distributing or facilitating
the use of drugs.
Disciplinary Actions
Any violation of these prohibited practices by an employee may result in
disciplinary action up to and including dismissal, reprimand, suspension
with or without pay, termination or discharge from employment and
referral for investigation and/or prosecution by law enforcement
agencies. A disciplinary action may also include the satisfactory
completion of a rehabilitation program at the individual’s expense.
However, when a certified employee acknowledges having an alcohol and/or
drug abuse problem and willingly undergoes treatment, his/her job rights
and job security will not be jeopardized.
Any violation by a student of these prohibited practices may result in
suspension or expulsion from school or in suspension or dismissal from
participation in and attendance at extracurricular activities.
The following definitions are used in this policy:
A. “Substance abuse” means the unauthorized possession, distribution,
dispensing, manufacture, sale, or use or being under the influence of
controlled substances that are identified in Schedules I through V of
Section 202 of the Controlled Substances Act, 21 USC, Statute 812
(United States code, Title XXI, Chapter 13) or in implementing
regulations, 21 CFR Sections 1308.11 to 1308.15 where the use is neither
authorized by law nor a valid prescription, or the misuse of a legal
substance, including but not limited to prescription drugs, that may
affect an individual’s ability to perform his or her job in a safe,
adequate and secure manner. Controlled substances include, but are not
limited to marijuana, barbiturates, anabolic steroids, cocaine,
(including crack), amphetamines, heroin, PCP, hallucinogens, and certain
prescription drugs. Substance abuse shall also include the unauthorized
use or possession of, or being under the influence of, alcohol or
alcoholic beverages on school premises or during school programs and
look-alike drugs. Also included are solvents or inhalants used for
intoxication and any substances that are represented to be controlled or
illegal substances.
B. “School premises” means any school building and any school property,
any school-owned vehicles and any other school-approved vehicle used to
transport students to and from school activities or for school business.
C. “School programs” means any school sponsored or approved activity,
event or function, on or off school premises where students are under
the jurisdiction of the District; or during any period of time school
employees are supervising students on behalf of the District or are
otherwise engaged in school business. Collectively, school premises and
school programs constitute the work place.
Use of Authorized Prescriptions and Drugs
Authorized prescription drugs and “over the counter” legal drugs may be
used at the work place so long as prescribed dosage and recommended use
is not exceeded and the use of these drugs do not adversely affect the
employee’s ability to perform required work in a safe and secure manner.
When such legal drugs are to be used at the work place and will affect
performance, employees should inform their supervisors.
Federal Funding Requirements
Taos Municipal Schools is a recipient of federal funding and is subject
to the Federal Drug Free Work Place Act of 1988. As a condition of
employment each employee shall notify his or her employer of such
employee’s conviction of any criminal drug statute for a violation
occurring in the work place no later than five (5) days after such
conviction.
As a condition of employment, each employee shall abide by the terms of
this policy. Any employee who violates the terms of this policy may be
disciplined, up to and including dismissal, reprimand, suspension with
or without pay, termination or discharge from employment and referral
for investigation and/or prosecution by law enforcement agencies for
violation of the standards of conduct or may be required to participate
in and satisfactorily complete a drug abuse assistance or rehabilitation
program approved by the district at the employee’s expense.
Employee/Student Assistance
Substance abuse affects employee performance, conduct, and/or
reliability, and students’ ability to learn and complete assigned tasks.
The District strongly encourages employees who engage in any form of
substance abuse, including alcohol or other drug-related problems, to
voluntarily refer themselves for assistance. The District will provide
information or referral for employee asistance, rehabilitation, and/or
counseling.
Employees are encouraged to participate in employee assistance.
Referrals may be provided for employees who request medical help or
rehabilitation. Therefore, employees who voluntarily seek such
assistance, termed self-referrals, will be accorded different treatment
than supervisor referrals. Information regarding the employee who is
participating in the program will be treated as confidential and will be
accorded the protection required by applicable state and federal law.
Employees who have entered into rehabilitation must comply with the
terms of the program. Employees entered into inpatient rehabilitation a
a part of a prescribed program will be placed on appropriate leave
status for that period. Fees and expenses incurred are the
responsibility of the employee.
Employee Performance/Supervisor Referrals
Supervisors will observe employee performance and on-the-job conduct to
detect behavior that could compromise the health and safety of the
employee or others. When that observation indicates cause to believe
that substance abuse is a factor, supervisors are to take appropriate
action as directed in this policy when:
1. behavior is observed that may pose an immediate threat to the health
and safety of the employee or of others and the supervisor reasonably
suspects that substance abuse may be a contributing factor.
2. The use of controlled substances, the misuse of legal substances, or
unauthorized use of alcohol has been observed in the work place; or,
3. a work-related accident or incident occurs where the supervisor
reasonably
suspects that substance abuse, misuse of legal substances, or alcohol
abuse
may be a contributing factor.
Standards of Conduct
All employees are expected to cooperate fully with the District’s
objective of maintaining a Drug-Free Work Place. Failure to do so is
deemed to be a violation of this policy and the standards of conduct
prescribed therein. Accordingly, in the event that an employee violates
this policy, refuses to submit to a required evaluation for substance
abuse, refuses rehabilitation, fails to complete a prescribed
rehabilitation program, fails to submit required documentation relative
to evaluation, or falsifies any record relative to abuse of any
substance, such employee will be subject to disciplinary action up to
and including discharge.
Random Drug Testing
The obligation of employees in certain positions to perform their duties
unimpaired holds direct consequences for the safety of the students of
the District and of the general public. Examples would include any
positions that involve driving a motor vehicle as a prime and regular
duty. As to such employees, in addition to the enforcement procedures
set forth above, the Board of Education reserves the right at any time
to require the submission of blood, breath, or urine samples by any such
employees for testing by an authorized testing laboratory. (See policy
223.)
The District will not engage in random testing or general periodic
testing for drug or alcohol use by other employees.
The Board shall also possess the discretion to require nondiscriminatory
random drug testing programs for students participating in athletic
activities conducted or sponsored by the District.
Education Program
1. The Superintendent shall arrange for periodic (at least annually)
training and education in the dangers and risks to physical and mental
health, economic welfare, and civil status from the use of illicit drugs
and abuse of alcohol and tobacco.
2. The Superintendent or designee will post notices regarding drug-free
work place on major bulletin boards at each school site and
administrative building and will likewise post notices in prominent
areas frequented by students on all school sites.
3. This policy shall be
included with the orientation package of materials for each new
employee. The principal of each school will distribute the policy to
each employee under his/her supervision and will maintain records signed
by the employee substantiating this distribution and stating that
compliance with the policy is mandatory. This policy shall also be
incorporated in student handbooks.
Confidentiality and Due Process
Employees and students are assured that every effort will be taken to
protect their confidentiality. Actions taken in enforcement of this
policy shall comply with such hearing or due process procedures as may
be required by district policy or state laws.
Policy Review
A biennial review of this policy shall be conducted to determine its
effectiveness, or implement changes as needed, and to ensure that
disciplinary sanctions are consistently enforced.
This policy is adopted in accordance with Public Law 101-226, Drug-Free
Schools and Communities Act Amendments of 1989, for receipt of federal
program funds.
Reference: Public Law 101-226, Drug-Free Schools and Communities Act
See policies: 336, 339, 445, 543
See policies: 223, 369 (Use of tobacco products.)
Bus Drivers Drug Testing** 223
TOP
The Taos Municipal School District and its transportation contractors
shall require that all applicants for employment as bus drivers be
tested for the use of substances which could lead to impaired
performance as a driver. As noted in policy 222, drivers may be required
to undergo such testing at any time during their employment by the
District or a district contractor. Refusal by the employee to undergo
such testing upon request will be considered insubordination and shall
automatically disqualify the employee from further employment as a
driver.
Unless required by law, the Taos Municipal Schools and its contractors
shall not disclose individual drug testing results to anyone other than
the applicant without a written release from the applicant or employee
requesting the disclosure.
All procedures followed regarding the drug testing of drivers shall be
consistent with the Regulations of the United States Department of
Transportation.
As used in this policy, drug testing involves the driver or applicant
making himself or herself available at a place and time specified by the
Superintendent or his or her designee, and providing a sample of body
fluid or tissue to be analyzed for the presence of alcohol or controlled
substances, as those terms are defined by DOT regulations.
All contracts with school bus operators are subject to such operators
providing the Superintendent with test results for their employees and
applicants for employment.
The Taos board of Education hereby delegates to the Superintendent the
authority to adopt implementation guidelines and regulations governing
testing and testing procedures as called for by this policy.
See policy: 222
Employee Use of
Tobacco Products 224
TOP
The use of tobacco products by employees and any other persons is
forbidden in school buildings, on school property, in any district-owned
vehicle or in any vehicle used to transport students.
See policy: 369
Employee Dress Code 225
TOP
The Taos Board of Education believes that student and community respect
for school and school employees is highly important to having a
successful school system. One of the factors leading to that respect is
the manner in which employees dress while on duty and thus present
themselves to our students and community.
Accordingly, the Board expects all employees to dress for work in an
acceptable manner. Specifically, this means that with the exception of
custodial and maintenance personnel and physical education, the
following attire will be considered appropriate:
Men --- pants (including presentable jeans)
and shirts with collars
Women --- dresses, skirts or pants (including presentable jeans)
with blouses
Wearing T-shirts, sweat shirts, jogging suits, shorts and the like is to
be reserved for special “spirit” days declared at the individual school
or school district level.
Reduction-In-Force
(R.I.F.)** 227-1
TOP
Pursuant to State Board of Education Regulation 80-1, the Taos Board of
Education (hereinafter “Board”) has the authority to discharge certified
school personnel during the term of their contracts or to terminate
certified school instructors and non-certified school employees with
rights created by NMSA 1978, Section 22-10-14 (C), (hereafter “tenured
employees”), after notice and a hearing when a reduction in such
personnel is required as a result of decreased enrollment or a decrease
or revision of educational programs. Reduction-in-force (R.I.F.) is
“just cause” for discharges of certified school personnel and
terminations of tenured employees, when established pursuant to this
policy. This policy is adopted as the procedure by which reductions in
the personnel who are covered by the policy may be accomplished, within
the context of the district’s general personnel policies.
The Board is vested with the discretion to determine the educational
program of the District, so long as the State Board of Education’s
Educational Standards and statutorily required standards are met. The
Board, in its discretion, may revise the educational program or decrease
the number of employees of the District at any time and is solely vested
with the discretion to determine when decreased enrollment, financial
exigency, or other causes justify a reduction in personnel.
Situations that justify a R.I.F. shall include, but are not limited to,
the following:
A. decrease in student enrollment;
B. decrease in revenue:
1. because of decrease of student enrollment;
2. because of loss or reduction of tax revenues;
3. because of reduction of state, local, or federal financial support;
or
4. because of inflation reducing the value of revenues received;
C. change in the educational program of the District, as determined by
the Board in its good-faith exercise of discretion;
D. consolidation or de-consolidation involving the District;
E. court orders;
F. orders of the State Board of Education;
G. legislative mandates.
Reduction-In-Force (R.I.F.) (continued) 227-2
The Board shall exercise its discretion in good faith, and
determinations that a R.I.F. is necessary shall be based on bona fide
educational considerations and not be a subterfuge for discharging or
terminating certified personnel without good or just cause or for
impermissible reasons.
A R.I.F. may occur at any time during the calendar year when the Board,
in its discretion, determines that it is justified and the procedures
prescribed herein are applicable and are followed. A R.I.F. may be based
upon projections of future enrollment, revenues or expenses, and the
subsequent receipt of more revenue than expected or a subsequent saving
of projected expenses shall not invalidate any actions previously taken
in good faith reliance on such projections or require the reemployment
of any employees who were released on the basis of such projections.
Except as required by legislative mandate or orders of the State Board
of Education and to the extent that circumstances permit, the
Superintendent, with the assistance of the administrative staff, shall
report to the Board any circumstances which may ultimately require a
R.I.F., in order that notice be given to certified personnel of the
possibility of a R.I.F. and so that consideration b given to means by
which a R.I.F. may be avoided.
When the Superintendent concludes that a R.I.F. is necessary, a plan for
R.I.F. shall be developed for presentation to and consideration by the
Board after consultation with the exclusive representative of the
employees involved, at least thirty (30) days prior to the effective
date of the R.I.F. The R.I.F. plan shall not identify individuals to be
discharged or terminated, but rather shall focus upon the total
educational program of the District and how it may be modified to reduce
the number of certified personnel while still providing the educational
program required and the particular educational needs of the District.
The R.I.F. plan shall include, but need not be limited to, the
following:
A. a detailed description of the cause or causes requiring a R.I.F.;
B. a description of all adjustments already made by the administration
in an attempt to avoid a R.I.F., if any (e.g. reduction by attrition,
cuts in non-certified staff, abolition of extra-curricular activities,
etc.);
C. a designation of the part or parts of the total educational program
in which the R.I.F. is proposed and the number of positions to be
reduced in each program;
D. a designation of extra-curricular activities which are to be
retained, with a justification for retaining such programs; and
E. a discussion of alternatives (if any) considered by the
Superintendent with an explanation as to why such alternatives were
rejected.
Reduction-In-Force (R.I.F.) 227-3
The Board shall consider the recommendations of the Superintendent for
the adoption of the R.I.F. plan at a duly called board meeting, the
public notice of which announces that a R.I.F. will be considered. The
discussion and action on the plan shall be in open session; however,
nothing herein shall restrict the Board from holding portions of those
discussions in closed session, if such discussion would be proper under
the New Mexico Open Meetings Act. The Board may allow such review,
consultation, and comment by employees and members of the public, prior
to taking final action on the plan, as the Board, in its discretion,
deems appropriate. The Board may accept, reject, or modify the plan
recommended by the Superintendent as it deems appropriate.
Any plan for a R.I.F. adopted by the Board shall be made available to
all staff, by providing copies thereof in the office of each building
principal and at the Superintendent’s office, within three (3) work days
after adoption by the Board.
Based upon the R.I.F. plan approved by the Board, the administration
shall perform a study of the school district’s personnel to determine
which person or persons must be wholly or partially terminated or
discharged in order to implement the plan.
CERTIFIED PERSONNEL
The proper certification or licensure and qualification of certified
staff to maintain a sound and balanced educational program which is
accredited and meets statutory requirements and the State Board of
Education’s program requirements, as well as the Board’s educational and
extra-curricular program for the District, shall be the primary concern
and the initial criterion to be applied in making the R.I.F. selections.
Substandard certification or licensure is inferior to full certification
or licensure, and a person who is fully certified or licensed for the
available position(s) shall be retained in preference to a person
holding a substandard certificate or license. A person having a “waiver”
of certification or licensure requirements shall be treated as having
substandard certification or licensure for the purpose of this policy.
Training and experience in the extra-curricular activities which are to
be retained as part of the District’s overall program for its students
may be considered as a qualification requirement, in addition to
certification or licensure status, in making the selection of personnel
to be released under this policy.
Where certification-licensure/qualification status is equal between two
or more certified school instructors being considered for termination or
discharge, tenured certified school instructors shall be retained in
preference to certified school instructors who have been employed by the
District for less than three consecutive school years.
Reduction-In-Force (R.I.F.) 227-4
Certified employees shall be laid off in accordance with seniority. Said
certified employees may only be laid off if the R.I.F. is not met
through normal attrition or through the release of employees with less
than three (3) years of continuous service and only if there is no
available position for which the employee qualifies. Qualifications
shall be determined by:
1. licensure endorsements
2. verifiable experience or demonstrated performance regarding required
skills state on the job description
3. verifiable extra-curricular or co-curricular activities
DECIDING AMONG EQUALS
If two or more certified-licensed individuals are equal or equivalent in
certification-licensure, qualification, tenure status (if any), and
seniority, and it is necessary to decide which shall be discharged or
terminated, the following selection criteria shall be applied:
A. Each certified-licensed individual considered for termination or
discharge shall be awarded one (1) point for each year of full-time
service during the most recent period of uninterrupted service with the
District, prior to the current year, excluding approved leaves, up to a
maximum of fifteen (15) points.
B. The amount of credit for education shall be determined based on
degree and additional hours:
1. B.A./B.S. 1 point
2. B.A./B.S. + 15 2 points
3. B.A./B.S. + 45 or M.A./M.S. 4 points
4. M.A./M.S. + 15 6 points
5. Post M.A./M.S. and M.A./M.S. + 15 8 points
6. Ed.D. or Ph.D. 10 points
C. The current supervisor of each certified school instructor considered
for termination or each certified person considered for discharge shall
rate the relative performance of each such person on a rating form to be
prepared by the Superintendent, or under his/her direction. Such rating
form may be based on the District’s standard evaluation form(s) or may
be specially designed by the Superintendent to reflect his or her
judgment as to the attributes necessary for success in the particular
program(s) affected by a R.I.F., shall specify the score for each
performance category or attribute, and shall allow for a maximum score
of seventy-five (75) points. The supervisor(s) may. consult with the
Superintendent concerning the implementation of the evaluation. The
supervisor(s) shall complete the rating forms and return them to the
Superintendent within the time specified for completion of the
evaluations.
If different individuals considered for a R.I.F. have different
supervisors, the supervisors may consult with each other and/or with the
Superintendent to insure that the rating system is applied uniformly.
There shall be no requirement of observation of performance by a
supervisor specifically for the purpose of completing the rating form;
however, each supervisor shall review prior evaluations of the
individuals considered for a R.I.F. for a period of the three (3) years
immediately prior to the R.I.F., if available. Where a supervisor lacks
familiarity with an individual’s performance (e.g., a new supervisor),
the Superintendent may assign the evaluation to a present or past
district administrator or supervisor who has greater familiarity with
the individual’s performance. The Superintendent may devise such other
measures as he or she sees fit to deal with situations where
implementation of the performance rating cannot occur in the normal
manner, so long as such measures are rationally designed to select the
best certified personnel for retention.
D. The Superintendent shall total the points for service, education, and
performance. The person with the lowest score shall be the person who is
released. The computations of the Superintendent, plus the rating forms
on the persons considered for release, shall be available for review by
the person released.
TRANSFER OR REASSIGNMENT
If, as a result of the application of the selection criteria, a person
is selected to be released from the affected program, but such person
(“the affected person”) is also certified or licensed and qualified for
another program(s) within the District, the person shall be considered
for transfer or reassignment to such program(s). The fact that there are
one or more other certified or licensed employees within the program
affected by the R.I.F. who scored higher than the affected person, and
that such person(s) may be certified or licensed and qualified to teach
or administer in other programs in the District, shall not require that
the higher scoring persons be transferred or reassigned to the other
program or programs, even if there is a vacancy in the other program or
programs. The transfer/reassignment obligation shall not arise until
after the selection of the person or persons to be released from
program(s) affected by the R.I.F. and shall only apply to the person or
persons selected for release. Consideration of transfer or reassignment
of the affected person shall be governed by the following criteria:
A. Existing Vacancy. If, upon the effective date of the termination or
discharge due to a R.I.F., there is an existing vacancy in another
program for which the affected person is certified or licensed and
qualified, he or she shall be transferred or reassigned to that vacant
position. There shall be no obligation to create a vacancy to
accommodate such person.
B. No Existing Vacancy. Where the affected person is certified or
licensed and qualified for another program or programs in the District,
but all such positions are currently filled, the selection criteria
described above, subject to the modifications described below, shall be
applied to determine whether the affected person will be transferred or
reassigned to another program and another person, currently employed in
the other program, shall be released.
1. If the person is fully certified or licensed for a position in
another program or an administrative position but has not actually
taught in such program or held such an administrative position during
any part of the preceding five (5) school years, such person shall not
be considered qualified for transfer or reassignment to the other
position.
2. If neither the Superintendent nor the current supervisor of the
program has observed the person being considered for transfer or
reassignment performing the duties of the other program, it is
impossible for the relative performance of the person being considered
for transfer or reassignment and the person or persons currently
teaching or administering in the program to be rated based on direct
observation. Under such circumstances, the Superintendent or his/her
designee shall make judgment as to the likely performance of the person
being considered for transfer or reassignment and assign the performance
score which will be used in the selection process in comparison to the
person or persons currently employed in the other program. The
Superintendent or designee shall consider the affected person’s
performance in other programs and his/her knowledge of all persons in
the program in question in making the judgment, and may consult with
other knowledgeable persons in making this determination.
Each certified instructor or administrator discharged and each tenured
teacher terminated pursuant to this policy shall be entitled to the
procedural rights provided under the applicable statutes and regulations
of the State Board of Education governing discharge of certified school
personnel or the termination of tenured teachers. The written decision
of the Taos Board of Education, to the extent required by statute and
regulation, shall clearly specify that the termination or discharge
resulted from a R.I.F. and not from any cause personal to the person
released.
NON-CERTIFIED PERSONNEL
Where two or more non-certified employees are being considered for
termination, the employee(s) shall be laid off in accordance with
seniority.
If two or more non-certified employees have equal seniority and it is
necessary to decide which shall be terminated, the following selection
criteria shall be applied:
A. Each employee shall be awarded one (1) point for each year of
full-time service during the most recent period of uninterrupted service
with the District, prior to the current year, up to a maximum of fifteen
(15) points.
B. The current supervisor of each non-certified employee considered for
termination shall rate the relative performance of each such person on a
rating form to be prepared by the Superintendent or under his/her
direction. Such rating form may be based on the District’s standard
evaluation form(s) or may be specially designed to reflect the
Superintendent’s judgment as to the attributes necessary for success in
the particular program(s) affected by the R.I.F., shall specify the
score for each performance category or attribute, and shall allow for a
maximum score of fifty (50) points. The supervisor(s) may consult with
the Superintendent concerning the implementation of the evaluation. The
rating forms shall be complet4ed and returned to the Superintendent
within the time specified for completion of the evaluations.
If different individuals considered for a R.I.F. have different
supervisors, the supervisors may consult with each other and/or with the
Superintendent to insure that the rating system is applied uniformly.
There shall be no requirement of observation of performance by a
supervisor specifically for the purpose of completing the rating form;
however, each supervisor shall review prior evaluations of the
individuals considered for a R.I.F. for a period of the three (3) years
immediately prior to the R.I.F., if available. Where a supervisor lacks
familiarity with an individual’s performance (e.g., a new supervisor),
the Superintendent may assign the evaluation to a present or past
district administrator or supervisor who has greater familiarity with
the individual’s performance. The Superintendent may devise such other
measures as he or she sees fit to deal with situations where
implementation of the performance rating cannot occur in the normal
manner, so long as such measures are rationally designed to select the
best non-certified personnel for retention.
C. The Superintendent shall total the points for service and
performance. The person with the lowest score shall be the person who is
released. The computations of the Superintendent, plus the rating forms
on the persons considered for release, shall be available for review by
the person released.
Each non-certified employee terminated pursuant to this policy shall be
entitled to the procedural rights provided under the applicable New
Mexico statutes and regulations governing the termination of
non-certified personnel. The written decision of the Taos Board of
Education, to the extent required by statute and regulation, shall
clearly specify that the termination or discharge resulted from a R.I.F.
and not from any cause personal to the person released.
APPEAL
Appeals to an independent arbitrator from termination or discharge
pursuant to this policy are governed by the provisions of NMSA 1978,
Section 22-10-14.1 or NMSA 1978 22-10-17.1, respectively and any
applicable regulations of the State Board of Education.
RECALL OF RELEASED STAFF
For a period of two years after the effective date of the discharge or
termination of any employee pursuant to this policy, the Board shall
offer to such person any position(s) which become(s) available for which
such person is certified or licensed and qualified unless he/she:
• waives his/her recall rights in writing
• fails to accept recall to a position for which he/she is qualified; or
• fails to report to work in a position that he/she has accepted within
five (5) days after receipt of the notice of recall unless such employee
is sick, injured, or if the work year has not yet begun. Thereafter, a
certified employee shall lose his/her right to recall.
All certified employees laid off pursuant to a necessary reduction in
staff shall be placed at the head of the substitute list of the
District, provided that a written request for such placement is made by
the affected certified employee.
Seniority, for the purpose of this policy, shall be based upon the
employee’s most recent period of uninterrupted service with the Taos
Municipal District. Time spent on an unpaid leave of absence or in a
position outside the bargaining unit shall not count towards seniority,
but shall not constitute a break in service.
All benefits to which an employee was entitled at the time of his/her
layoff, including unused, accumulated sick leave, and which remain in
existence, will be restored to him/her upon his/her return to active
employment. He/she will be placed on the proper step of the salary
schedule for his/her current position according to his/her experience
and education. An employee will not receive credit on the salary
schedule for time spent on layoff nor will such time count toward years
of service.
After the two-year recall period has expired, any person discharged or
terminated under this policy shall no longer have any right to be
recalled. Such persons who wish to be reemployed thereafter shall file
applications for employment and will be treated as would any other
applicant for a vacant position.
In the event legislation is passed which requires the Board to reduce
certified school personnel, for any reason, the Board shall follow the
legislative procedures, if any, in lieu of this policy.
In the event State Board Orders are entered which have the effect of
revising the District’s boundaries to exclude school facilities
previously operated by the District, reducing the District’s enrollment,
or reassigning certified school personnel to another District, then the
procedures described in the State Board’s order for transfer of school
facilities, students, and personnel shall be followed in lieu of this
policy. Notwithstanding the foregoing, the termination or discharge of
school employees in compliance with a State Board Order shall be
governed by NMSA 1978, Statutes 22-10-14, 22-10-14.1, and 22-10-17.1.
Sexual Harassment** 230-1
TOP
The policies of the Board of Education of the Taos Municipal School
District forbid discrimination against any employee or applicant for
employment on the basis of sex. The Board of Education will not tolerate
sexual harassment activity by any of its employees. This policy
similarly applies to non-employee volunteers, and to any other persons
who work subject to the control of school authorities.
A. Definitions
1. Conduct of a Sexual Nature
Conduct of a sexual nature may include, but is not limited to, any
unwanted physical, verbal or visual sexual advances, including subtle
pressure for sexual activity; touching, pinching, patting or brushing
against; requests for sexual favors and any other sexually-oriented
conduct which is offensive or objectionable to the recipient; comments
regarding physical or personality characteristics of a sexual nature;
other sexually-oriented conduct such as epithets, derogatory or
suggestive comments, slurs or gestures, “kidding”, “teasing”, double
entendres and jokes; use of offensive cartoons, posters, pictures or
drawings, and objects; and any harassing conduct to which an employee
would not be subjected but for the employee’s gender.
2. Unwelcome Conduct of a Sexual Nature
a. Verbal or physical conduct of a sexual nature may constitute sexual
harassment even if the allegedly harassed employee has not indicated
that it is unwelcome.
b. An employee who has initially welcomed such conduct by active
participation must give specific notice to the alleged harasser that
such conduct is no longer welcome in order for any such subsequent
conduct to be deemed unwelcome.
B. Sexual Harassment Prohibited
1. For the purposes of this policy, unwelcome sexual advances or
requests for sexual favors, and other unwelcome conduct of a sexual
nature, constitute prohibited sexual harassment if:
a. submission to the conduct is made either an explicit or implicit
condition of employment; or
Sexual Harassment 230-2
b. submission to or rejection of the conduct is used as a basis for an
employment decision affecting the harassed employee; or
c. the conduct substantially interferes with an employee’s work
performance, or creates an intimidating, hostile, or offensive work
environment.
2. Specific Prohibitions
a. Administrators and Supervisors
1) It is sexual harassment for an administrator or supervisor to use his
or her authority to solicit sexual favors when the subordinate’s failure
to submit will result in adverse treatment, or when the subordinate’s
acquiescence will result in preferential treatment.
2) Administrators and supervisors who either engage in sexual harassment
or tolerate such conduct by other employees shall be subject to
sanctions, as described below.
b. Non-administrative and Non-supervisory Employees
1) It is sexual harassment for a non-administrative and non-supervisory
employee to subject another such employee to any unwelcome conduct of a
sexual nature. Employees who engage in such conduct shall be subject to
sanctions as described below.
C. It is the express policy of the Board of Education to encourage
victims of sexual harassment to come forward with such claims.
1. Employees who feel that administrators or supervisors are
conditioning promotions, increases in wages, or continuation of
employment upon agreement to unwelcome conduct of a sexual nature, are
encouraged to report these conditions to the appropriate administrator,
including members of the Board of Education. If the employee’s direct
administrator or supervisor is the offending person, the report shall be
made to the next higher level of administration or supervision.
Sexual Harassment 230-3
2. Employees are also urged to report any unwelcome conduct of a sexual
nature by supervisors or fellow employees if such conduct interferes
with the individual’s work performance, or creates a hostile or
offensive working environment.
3. Confidentiality will be maintained and no reprisals or retaliation
will be allowed to occur as a result of the good faith reporting of
charges of sexual harassment.
D. In determining whether alleged conduct constitutes sexual harassment,
the totality of the circumstances, the nature of the conduct, and the
context in which the alleged conduct occurred will be investigated. The
Superintendent or other appropriate official has the responsibility of
investigating and resolving complaints of sexual harassment.
E. Any employee found to have engaged in sexual harassment shall be
subject to sanctions, including, but not limited to, warning or
reprimand, suspension or termination, subject to applicable procedural
requirements.
See policy: 290
Sexual Misconduct** 231-1
TOP
Sexual misconduct by school employees involving students strikes at the
heart of the educational process. In addition to the potential damage to
the immediate victims, sexual misconduct damages or destroys
relationships in the school community between teachers and students,
parents and schools, and others.
Sexual misconduct can result in criminal prosecution by law enforcement
authorities. In addition, however, the district has an independent basis
as employer for receiving and investigating charges of such misconduct
by employees and for taking appropriate action against those culpable of
such misconduct. Accordingly, the reporting and investigation procedures
prescribed herein are to be conducted by the district in addition to any
criminal investigation that may be conducted by law enforcement
authorities. In conducting investigations of charges of sexual
misconduct by school employees, district personnel should take care to
avoid prejudicing any criminal investigation.
In a normal school environment, it is impossible to prevent all such
instances of misconduct by employees. Prompt and thorough investigation
of information suggesting misconduct by employees provides an additional
measure of deterrence, however, thereby helping to protect the welfare
of students. In addition, not all charges of misconduct against
employees are true or verifiable. Prompt and thorough investigation of
such information protects innocent employees who may otherwise be the
victims of wrongful accusations or rumors.
All employees, as part of their regular duties, shall therefore be
watchful of the welfare of students, particularly with respect to
circumstances that suggest sexual victimization of students by school
employees, as described in greater detail below. All reports of possible
sexual misconduct against students by school employees shall be promptly
and fully investigated by the administration according to the procedure
set forth herein.
The Superintendent prescribes the following procedures for investigating
information suggesting sexual misconduct by employees against students.
1. Definition of “Sexual Misconduct”: As used herein, “sexual
misconduct” means any sexual or romantic contact between any employee of
the district and any student of the district.
2. Duty to Report Information: All employees of the district, including
counselors, shall report to their building principal any information
from any source concerning a threat or potential threat to the welfare
of a student, including any information concerning sexual misconduct. In
the event the employee implicated by the information is the building
principal, then such report shall be made to the Superintendent. If the
Superintendent is implicated, the report shall be made to a member of
the school board.
N.B.: School personnel
may have a direct obligation, imposed by state statute, to provide a
report to social services or law enforcement agencies immediately upon
knowledge or a reasonable suspicion that a child is abused or neglected.
The duty to report imposed by this policy, however, is independent of,
and in addition to, any such statutory obligation.
3. Duty to Investigate Reports: Administrative employees shall promptly
and fully investigate all reported information concerning sexual
misconduct. The Superintendent, in consultation with district legal
counsel, shall oversee investigations conducted by building
administrators.
4. Cooperation with Investigations: Non-administrative staff are neither
authorized nor responsible for conducting investigations with respect to
such information, but will be expected to cooperate in the district’s
investigation by providing information they have received.
5. Failure to Report: Failure of an employee in possession of such
information who does not promptly provide the report described in
paragraph 1 may result in discipline of that employee.
6. The Role of the School Counselors: School counselors are frequently
in the delicate position of being the recipients of information from
students that students wish to remain confidential. Regardless of any
other commitments the school counselor makes in his or her work with
students, no school counselor is authorized or permitted to agree not to
disclose information indicating sexual misconduct by a district
employee.
7. Notification of Central Administration: A principal who has received
information regarding any district employee shall immediately notify the
Superintendent of such information and shall discuss with the
Superintendent how the principal intends to conduct his or her initial
investigation of the matter.
8. Investigation of Reports – Initial Investigation: Upon receiving
information regarding sexual misconduct by a school employee, the
principal or designee, or the Superintendent or designee, who shall be
referred to herein as the “investigator”, shall promptly seek
preliminarily to determine whether a reasonable suspicion of sexual
abuse by a school employee exists, and whether a full investigation of
the information should be conducted.
a. Interview of Affected Students: The initial interview of the student
or students involved shall be conducted by a psychotherapist experienced
in work with sexually abused children and minors. The psychotherapist
shall be engaged at the district’s expense and shall be chosen with the
consent of the parents of the student or students involved. The initial
interview shall be conducted as promptly as reasonably possible after
receipt of information by the Superintendent indicating sexual
misconduct by a district employee, and in any event, shall be conducted
within forty-eight (48) hours of receipt of such information. If, for
any reason, an interview of the student or students involved cannot be
conducted according to this paragraph within the forty-eight (48) hour
period, the mater shall be immediately reported to the office of the
local district attorney and social services agency.
b. Basis for Initial Determination: The investigator’s initial
determination should be made on the basis of the findings of the
psychotherapist, upon contacts with any other original sources of the
information, and by otherwise seeking information from other sources.
The investigator shall make such determination within seventy-two (72)
hours of the receipt of the reported information by the Superintendent.
c. Termination of Initial Investigation: If the investigator determines
that a full investigation is not warranted because the reported
information was false or unreliable, or that the reported information
could not be verified, the investigator shall immediately provide an
oral report to the Superintendent, and shall also, within twenty-four
(24) hours of the oral report, submit a written report to the
Superintendent, stating the information or accusation initially reported
and the source of the report, describing how the initial investigation
was conducted, discussing additional information discovered during the
initial investigation, stating the investigator’s conclusions and
identifying the basis for the conclusions in the reported and discovered
information, and providing the investigator’s recommendations.
d. Suspension of the Accused Employee: If, on the basis of the initial
investigation, the investigator determines that a full investigation of
the information is warranted, the investigator shall notify the accused
employee of the accusation against him or her, that he or she is
suspended with pay pending the investigation and that he or she is to
leave school premises immediately.
e. Notification of Law Enforcement Authorities: In all cases in which
the investigator has made a preliminary determination that a full
investigation is warranted, the Superintendent shall notify law
enforcement authorities of the report and the initial findings,
regardless of whether any employee may have previously reported the
matter.
9. Investigation of Reports – Further Investigation: If, on the basis of
the initial investigation, the investigator determines that a full
investigation of the information is warranted, the investigator shall
notify the Superintendent of that determination and shall discuss with
the Superintendent how the investigator intends to conduct his or her
further investigation of the matter. The investigator shall conduct and
conclude his or her further investigation of the matter as promptly as
reasonably possible. Once the investigator determines, on the basis of
further investigation, that reasonable grounds do or do not exist to
believe that the accused employee is culpable of sexual misconduct, the
investigator shall provide an immediate oral report to the
Superintendent, and shall also, within twenty-four (24) hours of the
oral report, submit a written report to the Superintendent, stating the
information or accusation initially reported, describing how the further
investigation was conducted, summarizing and discussing all information
compiled during the investigation, stating the investigator’s
conclusions, the basis for the conclusions, and the investigator’s
recommendations.
10. Initiation of Disciplinary Proceedings: Upon consideration of the
investigator’s report and upon any additional consultation with the
investigator, with the psychotherapist, or with district’s legal
counselor, the Superintendent shall determine whether to initiate
disciplinary or discharge proceedings against the accused employee.
11. Confidentiality: Consistent with the legal obligation to report
criminal activity, and consistent with the requirements of a
comprehensive investigation the activities prescribed by this procedure
shall be carried out in such a way as to protect the identities of those
involved from unnecessary public disclosure.
See policy: 290
Employee Assault 233-1
TOP
The Board of Education acknowledges the need for its employees to
perform their duties in a safe, secure and non-threatening atmosphere.
The Board recognizes, however, the possibility of assault on an employee
or another person on school property, or at school-sponsored events. The
term “assault” as used in this policy shall mean not only a violent
physical or verbal attack, but shall also include the concepts of legal
battery, legal assault, and intentional infliction of severe mental or
emotional distress.
No employee shall, while on duty, physically or verbally assault any
other person except as may be specifically allowed by regulation.
An on-duty employee will be permitted to use reasonable force to repel a
physical assault upon himself or a physical assault on another person.
No verbal statements justify use of force. If an on-duty employee is
threatened with an assault upon himself or another and has a reasonable
method of retreating or causing the other to retreat so as to avoid the
assault, the employee shall retreat or cause the other to retreat.
When assaults occur, the following procedures shall be utilized:
1. An employee shall immediately report to the immediate supervisor any
assault at school or school-sponsored events.
2. The supervisor shall immediately get medical help where needed and
notify the Superintendent or designee.
3. The supervisor shall submit to the Superintendent or designee a
written report of the incident and actions taken. The employee shall
have the right to submit a written report of his/her version of the
incident.
4. When warranted, the immediate supervisor will notify the police of
the assault. If requested by the employee, the district shall advise the
employee of the manner to initiate a criminal complaint arising from a
physical assault.
5. When reasonably necessary and with prior approval of the
Superintendent, leave with pay shall be granted to an employee for court
appearances or for conducting business as a result of an assault
occurring while on duty, and which cannot reasonably be conducted on
off-duty hours.
6. When absence from work is reasonably necessary to the full recovery
of an employee, and with the prior approval of the Superintendent, an
employee may be granted leave with pay for up to twenty (20) days for
injury, physical or mental, as a result of a physical attack while on
duty at school or on duty at a school-sponsored event. After three days,
the employee may be required to obtain a doctor’s certificate attesting
to the employee’s injuries and resulting disability. The school district
may also require the employee to be examined by a physician of the
district’s choice. Payment for the time away from work shall be made
only in the amount of the difference between (1) the employee’s regular
wage or salary for the time absent, and (2) workers compensation
payments made to the employee, if any. Payment will be made only upon
written application describing the assault and injury in reasonable
detail. The purpose of this provision is to insure that an employee need
not use sick leave after incurring an injury due to a physical assault.
7. In every case involving an assault upon or by an on-duty employee,
the Superintendent or designee shall conduct such investigations and
hold such hearings – upon at least two days notice to employees involved
– as may be reasonably necessary to determine what led to the assault
and what occurred during the assault. No particular formalities need be
observed for hearings, but, in every assault case, both sides shall be
allowed to confront opposing witnesses, to explain fully their side of
the conflict, and to present witnesses in support of their version of
the facts. This hearing may be combined with any other hearing required
because of the assault.
8. If, after investigations and hearings have concluded, it is
determined that the employee initiated the assault, or an assault by the
employee was not reasonably necessary to repel a physical assault or to
prevent a physical assault upon another person, provisions 5 and 6 shall
not apply. In such cases, the employee shall be subject to additional
discipline measures as provided by statute and regulation.
9. In the event any employee involved in the assault is dissatisfied
with the result of the investigations and hearings, the employee may
appeal the decision as in the case of a grievance beginning, however,
with “Step Two”, submission to the appropriate central office
administrator. The decision of the Taos Board of Education shall be
final, unless it is combined with a decision to terminate employment. If
it is combined with such a decision to terminate employment, the
decision may be appealed as provided by law.
Violent and Aggressive Conduct by School Employees 234-1
TOP
Violence or violent conduct by employees is inconsistent with the
District’s mission of instilling respect, self-control, and personal
discipline in our students. The effective operation of the Taos
Municipal School District requires that employees strictly avoid
subjecting other employees or non-student third persons to violence, the
threat of violence, other forms of physical harassment, or intimidation.
Violent Conduct
by Employees Prohibited
TOP
The prohibitions and exceptions in this policy apply to conduct by an
employee on school premises, and while an employee is on duty at, or in
connection with a school sponsored activity.
The Taos Municipal Schools Board of Education’s prohibition of employee
violence toward students is set forth in its policy on Corporal
Punishment (See policy 345.) Instances of employee violence toward
students shall be addressed according to the terms of that policy.
Violent conduct by employees is prohibited, including, but not limited
to, the following:
1. Any form of physical violence, as defined herein;
2. Intimidation, harassment, or any threat of physical violence,
communicated by words or conduct;
3. Possession of a weapon.
Definitions
“Physical violence” is any form of intentionally forceful, harmful,
hurtful, or patently offensive physical contact administered upon or
directed to the body of another, including, but not limited to:
• striking, kicking, squeezing, or pinching any part of the body, or
forcefully grabbing the body or clothing, or attempting to do any of the
foregoing; or
• restraining or restricting physical movement through physical contact,
or attempting to do either.
• Exceptions: the following actions by an employee are exempt from this
policy, and will not constitute a violation of the policy:
a. an employee may, but is not required to, reasonably restrain another
employee or third party whose conduct is violent or physically
disruptive if:
• the conduct of the person-to-be-restrained is directed toward any
person, including, but not limited to, any employee, a student, any
third person, or the employee himself or herself, of
• the conduct of the person-to-be-restrained is directed toward school
property or the property of another on school premises.
b. in any instance in which another employee or third party has refused
valid directives to proceed to, to leave, or to avoid entering any part
of the District’s premises, and the employee’s or third party’s refusal
creates a disruption or potential disruption of the operations of the
school or District. An employee may, but is not required to, exercise a
reasonable grasp upon, or restraint of, the other employee or third
party for the purpose of moving or removing such person, or for the
purpose of preventing the other employee or third party from entering
the premises.
“Violence toward property” is intentionally damaging or destroying the
property of the District, of another employee, of a third party, or
attempting to do any of the foregoing.
Interpretation
This policy shall be reasonably interpreted to achieve the Board’s goal
of preventing and addressing employee violence. In assessing an
employee’s conduct under this policy, consideration will be given to the
totality of the circumstances, including what the employee reasonably
perceived, what the employee reasonably intended, and whether the
employee’s conduct was reasonable under the circumstances and in view of
the employee’s professional status.
Discipline
An employee who is found to have violated this policy shall be subject
to discipline, which may include suspension or discharge for any
violation.
Violent and Aggressive Conduct by School Employees (continued) 234-3
Reporting
Violations or suspected violations of this policy shall be reported to
the Superintendent and the Superintendent shall be responsible for
reporting violations or suspected violations to the District’s legal
counsel for further action as may be necessary.
In addition, violations of this policy by employees may be referred to
law enforcement agencies, at the discretion of the Superintendent and
upon consultation with District legal counsel.
Nothing in this policy shall limit the right of any person who believes
himself or herself to have been a victim of employee violence to pursue
criminal charges or other legal remedies as may be available.
Optional Grievance
Procedure 236-1
TOP
As specified by contract any certified employee who so desires may have
a grievance handled through this procedure.
The purpose of this procedure is to provide an equitable solution, at
the lowest possible administrative level, to any employee problem(s) or
grievance(s) which may arise.
IMPORTANT: Before using this formal procedure the employee should first
discuss the problem with his/her supervisor in an informal manner in an
attempt to solve the matter.
PROVISIONS
1. An employee must deliver a written statement to his or her immediate
supervisor stating the pertinent facts regarding the problem within ten
(10) school days of the act or occurrence out of which the problem
arose. In cases involving employee groups, the written statement must be
filed within fifteen (15) school days of the act or occurrence out of
which the problem arose. Monday through Friday will constitute school
days in counting minimum and maximum days when a problem is not solved
before the end of the school year.
2. Grievances will be heard by the supervisor at a reasonable time
agreeable to both parties, but in no event more than three (3) days
after the written statement has been delivered to the supervisor.
3. All proceedings will be kept informal and confidential.
4. An employee may discuss the matter personally with the supervisor or
the employee may be accompanied by a representative of his/her choice.
5. The supervisor may be accompanied by another representative of the
administration at any hearing or meeting with the employee.
6. In view of the importance of resolving the matter as rapidly as
possible, the number of days indicated at each step shall be maximum,
and every effort shall be made to expedite the process.
7. No member of the Taos Board of Education and no member of the
administration shall retaliate against any employee by doing any act
which affects the employee’s employment status because the employee
instituted a grievance proceeding. No member of the Board or
administration shall act in retaliation to detrimentally affect or
damage a party, any professional organization’s representative, or any
other participant in the grievance procedure.
Optional Grievance Procedure (continued) 236-2
8. The supervisor shall keep all communications, documents and records
relating to the grievance matter in a separate file, and such
communications, documents and records shall not be kept in the personnel
file of any of the participants. All materials shall be destroyed after
the resolution of the grievance.
9. Any forms developed, which are useful in facilitating a resolution of
an employee problem, shall be made available in sufficient quantities to
employees, groups of employees and professional organizations in the
school district upon request.
10. The administration agrees to make available to the employee(s) or
his/her representative all pertinent information, not privileged, in its
possession or control which is relevant to the issues raised.
11. All meetings and hearings shall be conducted in private, unless
prohibited by the Open Meetings Act, and shall include only such parties
in interest and their designated or selected representatives.
12. The aggrieved party shall be responsible for submitting the
grievance, when appropriate, to the next step.
13. Any step in the procedure may be the last step.
STEP ONE
The employee shall submit to the immediate supervisor a written
statement setting forth in detail the background and essence of the
problem. The supervisor shall hold a meeting or hearing with the
employee and, if requested, his/her designated representative within
three (3) school days after delivery of the written statement to the
supervisor. The supervisor shall submit to the employee a decision, in
writing, within four (4) school days after delivery of the written
statement by the employee. If the supervisor fails to submit a written
decision to the employee within the four (4) school days, the issue
shall automatically be submitted for resolution to the appropriate
central office administrator pursuant to STEP TWO.
STEP TWO
If the employee or group of employees is not satisfied with the
disposition of the problem at STEP ONE, the written statement may be
submitted to the appropriate central office administrator, including the
Superintendent, within three (3) school days after the decision at STEP
ONE has been rendered. Immediately thereafter, the supervisor shall
deliver his file on the matter to the central office administrator.
The central office administrator will meet with the employee, group of
employees, or any other person involved in an effort to resolve the
matter; the meeting to take place within five (5) school days after
receipt of the written statement by the central office administrator.
The employee(s) or administrator(s) shall have the right to submit
written statements and other evidence, give testimony and call
witnesses. The central office administrator shall within three (3)
school days after the meeting render a decision on the matter in
writing. If the central office administrator fails to submit a decision
in writing within the three (3) school-day period, the problem shall
automatically be submitted to the Superintendent in accordance with STEP
THREE.
STEP THREE
If the employee(s) is not satisfied with the disposition of the problem
at STEP TWO, the matter may be appealed in writing to the
Superintendent, if the Superintendent was not involved in STEP TWO. Such
appeal may be instituted by the employee’s delivering a notice in
writing to the Superintendent within two (2) days after a decision has
been rendered by the central office administrator.
Within five (5) school days following receipt of the notice of appeal or
of the failure of the central office administrator to render a written
decision, the Superintendent shall review any file on the matter and
meet with the appealing employee and any other individuals deemed by the
Superintendent to be appropriate for a fair resolution of the matter.
The Superintendent shall, within three (3) days of such meeting, render
a written decision on the matter and mail or deliver a copy to the
appealing employee.
STEP FOUR
If the employee(s) is not satisfied with the disposition of the matter
by the Superintendent, a written appeal may be submitted to the Taos
Board of Education, if delivered to the Superintendent within five (5)
school days after the Superintendent’s decision has been rendered.
The Board of Education shall review the matter at its next regular
meeting or, if deemed appropriate, at a special meeting called for the
purpose of entertaining the appeal. The Board shall review all written
statements, written testimony, documents and other tangible evidence
which has been accumulated in the matter. If deemed necessary by the
Board, a hearing shall be called for the purpose of resolution of the
grievance. The employee and the Superintendent shall be advised in
writing of the Board’s decision within five (5) school days of the
meeting. The decision of the Taos Board of Education is final.
A grievance related to Title IX should be taken to the district Title IX
Coordinator.
See policy: 201
Substitute Teachers 239
TOP
The Superintendent shall maintain an active list of persons approved and
licensed by the State Department of Education to act as substitute
teachers. Only persons on this approved list or persons holding a New
Mexico teaching license or persons assigned to the classroom in question
as a student teacher, co-op student, or instructional assistant may be
employed as substitutes. The Superintendent is directed to establish
administrative procedures that will enhance the district’s ability to
maintain the best possible roster of substitutes.
Employment for less than half the work day will be compensated at half
the daily rate, and employment for more than half the work day but less
than the full day will be compensated at the full daily rate.
Substitute teachers are not eligible for participation in any fringe
benefit offered by the district.
Tutoring of Students 242
TOP
The Taos Board of Education believes that by maintaining an
instructional staff of high quality and providing for a rich and varied
curriculum the need for individual tutoring is minimized.
When paid tutoring of a student by an employee is deemed necessary, such
tutoring will be conducted outside the employee’s regular work hours.
Such paid tutoring is to be arranged between families or other agencies
and the employee, and the school district assumes no responsibility for
the arrangements or the performance thereof.
Employees are not to enter into a paid tutoring arrangement with their
own students.
Conflict of Interest 243
TOP
Each employee of the Taos Municipal School District is in fact an
employee of the State of New Mexico, responsive to the people or
taxpayers of the state. As such, each employee will refrain from
activities, employment, and business transactions that would constitute
a conflict of interest. (1978 NMSA 22-21-1)
Reference: NMSA 1978, 22-21-1
Travel, Per
Diem and Mileage Payments 245
TOP
The Superintendent or designee shall be responsible for determining the
necessity for reimbursable travel by employees.
Approved travel shall be reimbursed by mileage and per diem amounts
allowed under New Mexico statute or regulation, except when lesser
payments are agreed to by the employee(s) and the approving
administrator. Specifically, employees shall receive:
1. reimbursement for actual expenses for lodging; and
2. reimbursement for actual expenses for meals not to exceed twenty-two
dollars fifty cents ($22.50) per day.
The Superintendent or designee shall approve the appropriateness of the
lodging selected by the employee requesting travel.
Soliciting and
Selling by Employees 248
TOP
Employees are prohibited from soliciting from children on school
premises during school hours.
School employees are prohibited from conducting any business
transactions for political campaigns or candidates or for personal
profit during school hours and on school premises.
School employees engaged in the sale of raffle tickets or other items
for support of student-related organizations shall do so in a manner and
time that will not interfere with the proper conduct of any school
function or interfere with a school employee’s effective performance of
duties.
The Taos Board of Education normally will not sanction district-wide
charitable fundraising drives; however, application may be made to the
Superintendent’s office for Board approval of such a drive in special
circumstances.
See policies: 150, 251, 254
Gifts and Gratuities 249
TOP
Employees shall neither solicit nor accept personal gratuities, favors
or anything of monetary value from contractors as merchants with whom
the Taos Municipal School District is doing business or who are
attempting to sell goods or services to the schools. This policy does
not preclude acceptance of food or drinks of a social nature or
participation in a social event.
See policy: 151
Political
Activities by Employees and Others 251
TOP
Employees seeking political office, as well as other candidates, are
proh
