ARTICLE III: GENERAL
RIGHTS AND RESPONSIBILITIES
SECTION A: Administrative Responsibility and Authority
1.
The SPS's Board
of Directors and its agents are legally responsible for the management of the
SPS. Reserved to the SPS, therefore, is
the exclusive authority to manage, determine and operate the educational
program and staff, subject to this Agreement.
Except as specifically and expressly covered and controlled by the
language of this Agreement or federal or State laws and/or regulations, all
matters relating to program, facilities, budget, personnel, and staffing shall
be determined and administered by the SPS through the policies, procedures, and
practices as it may select. This
statement of SPS authority shall be deemed the equivalent of a detailed
enumeration of all respects in which the authority may properly be exercised.
2.
The SPS and its
employees share the common purpose of maintaining and improving the performance
of the SPS in serving students and in managing resources effectively and
prudently. School staffs will have a key
role via site-based, decision-making activities and committees in developing CSIPs,
developing building budgets, performing staff development, and hiring of staff
for the buildings.
SECTION
B: Nondiscrimination Rights
There shall be no unlawful
discrimination against any employee or applicant for certificated employment by
reason of race, creed, religion, color, marital status, gender, sexual
orientation, age, disability, national origin, or because of their membership
or non-membership in employee organizations or in their exercise of other
rights including union representation under Chapter 41.59 RCW, Educational Employment
Relations Act. Sexual harassment is recognized to be a form
of unlawful sex discrimination.
1.
The SPS is
committed to treat all sexual harassment complaints with respect and
confidentiality regarding the personal privacy of all concerned parties. Procedures for handling sexual
harassment complaints will be in accordance with SPS's sexual harassment policy.
2.
Retaliatory
action against anyone filing a complaint of sexual harassment is strictly
prohibited.
3.
There shall be
no discrimination against any employee in respect to assignment, promotion or
condition of work due to high position on the salary schedule.
4.
Employees are entitled to full rights of citizenship and the
proper exercise thereof shall not be grounds for any discipline or
discrimination against an employee.
5.
There shall be no discrimination against any employee for using
the grievance procedure.
SECTION C: Representation Rights and Due Process
1.
An employee who
has received a written communication from his/her supervisor indicating
deficiencies requiring improvement, at his/her request shall be entitled to
have a representative of the SEA or legal counsel present at subsequent
meetings with his/her supervisor when the elements of the initial communication
are to be considered. Once
representation is requested, the discussion of the matters communicated in
writing shall not continue until representation is present, provided, however,
the meeting/interview shall not be delayed more than seventy-two (72) hours
unless both parties agree to an extension of time limits.
2.
Weingarten
Rights: Employees have the right to
request union representation in all meetings or interviews which may lead to
disciplinary action. The supervisor
shall grant the employee's request to be represented by the SEA; provided,
however, the meeting/interview shall not be delayed more than seventy-two (72)
hours unless both parties agree to an extension of time limits.
3.
The Annual
Performance Evaluation and evaluation conferences conducted by the building
principal/program manager or supervisor in the evaluation process are
specifically excluded from these provisions, except that subsequent discussions
of the evaluation following the receipt of the written evaluation may involve
representation pursuant to these provisions.
4.
Any complaint
not called to the attention of the employee in a timely manner may not be used
as the basis for future disciplinary action or adverse evaluation against the
employee. Any written complaint or
record of a complaint made against an employee must be called to the attention
of the employee within ten (10) working days of the time the complaint/record
was made. The notification to the
employee must contain the issue that generated the complaint and the date and
time of the alleged incident, if applicable. The employee will be given the
specifics of the allegations known to the District unless this disclosure would
compromise the District’s investigation.
5.
No employee
shall be disciplined without just and sufficient cause. A process of progressive discipline will be
used. Progressive discipline includes,
but is not limited to, oral warning, written warning or reprimand, suspension
and/or termination as appropriate to the circumstances. The SPS may bypass the steps of the
progressive discipline process in any situation because of the seriousness of
the employee conduct that constituted just cause for discipline. Any disciplinary action, except an oral
warning not documented or recorded in the employee’s personnel file, shall be
subject to the grievance procedure including binding arbitration. The specific grounds forming the basis for
disciplinary action will be made available to the employee in writing. This
section shall not apply to matters covered by statutory due process procedures.
6.
Employees may be
placed on paid administrative leave only when the safety of the employee,
students or other employees would be at risk by allowing the employee to remain
on the job or the SPS is investigating issues related to alleged misconduct or
similar serious concerns. Alternatives to placing employees on administrative
leave will be explored and considered whenever possible. The parties agree that
delays in returning employees to work are costly to the SPS and to the
employee’s ability to return to his/her work.
The SEA will be notified of the consideration or decision to place an
employee on administrative leave at the earliest possible time. In addition the
SEA and SPS can mutually agree to place an employee on administrative leave in
exceptional cases.
SECTION
D: Employee Personnel Files
1.
There shall be
only two files established for maintenance of employee performance and
discipline records. The official personnel file, secured at the SPS office and
the working building/program file secured at the building/program.
2.
Exceptions to
this are temporary investigation/probation files that are created by the Human Resources
or legal department while there is an active investigation/probation being
conducted. At the conclusion of the investigation the findings of the
investigation will be put into writing, and provided to the employee along with
supporting documentation if requested by the employee.
3.
If the
investigation exonerates the employee, HR will retain a form document that
indicates a complaint was made and found not to be meritorious. If the
complaint or accusation was made by a student or a group of students, the name
of the student(s) will also be listed on the form document for future reference. All other materials and notes will either be
destroyed or SPS and SEA will have a discussion why or why not the documents
should be retained by the SPS.
4.
If the
investigation has resulted in discipline or a referral to other agencies, HR or
Legal will maintain the supporting documents until the conclusion of any
appeals. If the employee is exonerated the materials will be destroyed. If the
complaint is found valid, the SPS will maintain the relevant supporting
documents, final investigation report and the decisions, if any, of outside
adjudicators. The outcome of discipline
issues will remain confidential and will only be shared with the parties who
have a need to know.
5.
The limitations
in this section shall not be applied in a manner that would require the SPS to
violate State or federal law.
6.
Materials placed
in the employee's SPS personnel file after the employee's employment is
approved by the Board are available for review by the employee under the rules,
regulations, and procedures of the SPS.
7.
All materials
related to an employee's evaluation, discipline, or complaints held at the work
location, except for the building copy of the formal evaluation, shall either
be transferred to the SPS personnel file or shall be destroyed at the end of
the work year, except that the observation report form (see Appendix J and J2)
for those employees determined to be unsatisfactory and/or in need of
improvement or a performance improvement plan may be retained in the building
until the employee's performance has improved as set forth in the observation
report form. However, observation report forms for those employees determined
to be in need of improvement may not be retained at the building beyond twelve
(12) months following the completion of the next school year's performance
evaluation.
8.
College/university
credentials that are confidential shall be handled as directed by the
college/university after employment is approved by the SPS Board.
9.
Materials
reviewed by an employee and judged by the employee to be derogatory to his/her
conduct, service, character, or personality may be:
a.
Answered and/or
refuted by the employee in writing. The
written response shall be permanently attached to the materials and shall
become a part of his/her written personnel records.
b.
Pursued by use
of the grievance procedure.
c.
Removed from the
SPS personnel file after four years upon request, if the disciplinary action
was a written reprimand or less and if the employee has not repeated the action
that caused the discipline to be initiated.
Any documents, required by law to remain in the personnel file, such as
discipline concerning sexual or physical abuse, cannot be removed.
10.
Material judged
through the grievance procedure to need adjustment shall be modified or removed
as appropriate.
11.
When materials
are removed from a personnel file or destroyed for any reason, it shall include
all electronic copies.
1.
The exercise of
full rights of citizenship is guaranteed by the SPS for employees. Toward that end the employee must be free to
think and to express ideas, free from undue pressure of authority, and free to
act within his/her professional group.
The freedom must be unrestricted except as it conflicts with the basic
responsibility to utilize properly the current SPS authorized course of study
and SPS rules and regulations which each member of the profession must accept.
2.
The principle of
academic freedom for employees shall not supersede the basic responsibilities
of the employee to the education profession.
These responsibilities include:
a.
A commitment to
support the Constitution of the
b.
A concern for
the welfare, growth, and development of children; and,
c.
An insistence
upon objective scholarship.
3.
The professional
staff shall assist in designing the curriculum, in conformity with the laws of
4.
Free interchange
of ideas leading to clearer understandings at the maturity level of pupils must
be expected as a part of effective teaching.
Any challenge of members of the professional staff relative to the use
of educational materials on the basis of suitability, upon their presentation
of ideas involving morality or patriotism, or upon their literary merit, shall
be resolved through utilizing established administrative channels.
5.
No single
instructional philosophy or technique is prescribed by the SPS for the
instruction of a Special Education student.
6.
The SPS agrees
to conform to the School Board policy concerning ownership provisions of
copyright materials.
7.
Employees will
have the right to determine grades and evaluation of students. If asked by an administrator due to parent or
student inquiry, concern or complaint, the employee will provide the background
to the administrator on how the grade was determined. In addition, if the administrator determines
that a meeting between the parent/student and the employee is needed, the employee
will participate in the meeting.
1.
The SPS shall
support and uphold employees in their efforts to maintain a sound learning
environment. Using professional judgment
the employee shall request assistance if a student substantially disrupts the
classroom environment and shall provide written information/requests for
assistance as required. It shall be the
responsibility of the appropriate administrator to provide assistance in an
immediate or timely fashion consistent with the circumstances.
2.
Consistent with
SPS discipline procedures, the principal and certificated employees of each
building shall confer at least annually for the purpose of developing, or
reviewing, or both, building discipline standards and the uniform enforcement
of those standards. (WAC 180-40-225(1b)
3.
Employees are
required by law to maintain a suitable environment for learning, and
administrators have the responsibility for maintaining and facilitating the
educational program. A student who by
his/her behavior is substantially disrupting the classroom environment may be
removed from a class pending action by the SPS, subject to the provisions of
SPS regulations and procedures in accordance with State law and Chapter 180-40
WAC. Students shall be removed from the
classroom only for the violation of established rules as set forth in the SPS
Statement of Rights and Responsibilities, the laws of the State of Washington,
Washington Administrative Code Chapter 180-40, or the rules and regulations of
the SPS and the Federal Government.
4.
A student may be
removed immediately from a class, subject or activity by a certificated teacher
and sent to the building principal/program manager or other designated school
authority provided the teacher has good and sufficient reason to believe the
student's presence poses an immediate and continuing danger to the student,
other students, or school personnel or is an immediate and continuing threat of
substantial disruption of the class, subject, activity or educational process
of the student's school, according to Chapter 180-40 WAC as now or hereafter
amended.
5.
The student
shall remain out of the class, subject or activity only until the danger or
threat ceases or until the building principal/program manager or other
designated school authority acts to impose discipline or short-term suspension,
initiates a long-term suspension or expulsion, or imposes an emergency
expulsion.
6.
The building
administrator will utilize written recommendations from employees in his/her
deliberations relative to potential student classroom suspensions and
expulsions.
7.
When a student
is returned to school following temporary removal or suspension from school or
from a class, subject or school activity, the administrator, in consultation
with the employee(s), shall specify in writing the conditions, if any, for the
student to return.
8.
Prior to the
time the student is returned to the class(s), subject(s) or activity(s), the
building principal/program manager or school authority shall notify the teacher
who removed the student of the action which has been taken or initiated.
9.
Parents and/or
guardians shall be adequately informed of the classroom behavior of their
children so they may take corrective measures where necessary.
10.
The SPS will
continue to provide classes and programs for students who are unable to profit
from the regular educational program.
11.
All visitors
shall obtain the approval of the principal/program manager or his/her designee,
prior to entering a classroom. The
principal/program manager will contact the employee regarding the pending visit
and will respect a request to postpone the visit if the timing would be
disruptive to the activity taking place at the time. Visitors will be
encouraged to contact the teacher to schedule the visit. Each school shall
develop a plan to accommodate visitors during the spring assignment
process. Prior to the adoption of the
plan, the principal/program manager shall seek input from staff and parents.
This does not apply to classroom visits by SPS personnel.
SECTION G: Employee Protection
1.
If the
principal/program manager is aware of information about students who evidence
behavior(s) that could present a safety problem to the students or staff, within
twenty-four hours, he/she should pass this information along to the classroom
teacher, and other non-supervisory certificated staff who regularly work with
the students as long as the dissemination does not breach any legal
requirements concerning confidentiality. This requirement may be waived if
there are specific legal restrictions on the ability of the SPS to inform the
staff.
2.
When new
students transfer into the District, SPS will make contact with the previous
school to obtain any pertinent information that may be of concern to the the
staff at the receiving school. This
information should be provided within twenty-four hours to all staff who
regularly work with the student if it is not immediately accessible upon the
time of registration.
3.
Employees have
the right to call 911 in emergency or threatening situations. After making the
911 call the employee will notify the supervisor or identified emergency
building contact should the supervisor be out of the building.
Principals/supervisors will notify the staff of the person (s) to contact when
they are leaving the worksite.
4.
Employees shall
be trained by the SPS prior to being assigned to insert catheters or perform
other required medical procedures.
5.
Employees shall
be trained by the SPS prior to being assigned to dispense medication. All
dispensing of medication will be in accordance with the law.
SECTION
H: Safety and Security
1.
The SPS and the
SEA are jointly committed to providing quality educational programs in a warm,
open, supportive environment which protects the safety and security of all
students and staff. The parties also
agree that an optimal teaching and learning climate for staff and students
requires that the SPS ensure that there are policies and procedures, including
student discipline procedures, to make certain that schools are safe and those
sanctions can be upheld during due process hearings. Students who bring and use weapons and
dangerous devices or who physically touch school staff in a manner that is
designed to threaten, intimidate, and harm staff must be dealt with immediately
through consequences, interventions, behavioral training and in some cases,
mandatory treatment.
2.
The SPS
currently has in place a number of programs and procedures that have been
designed to identify, sort, and direct resources to potentially dangerous
students. These programs and procedures
provide a wide range of effective interventions and sanctions to maximize staff
and student safety, while maintaining student due process rights. These programs and procedures include:
a.
Central
Intervention Team (CIT): The CIT is a team of multidisciplinary members
comprised of representatives from school psychologists, special education,
safety and security, legal, student assignment, ombudsman, nursing, school
officials, and staff who know the student best. The CIT takes referrals from
schools regarding difficult to manage and/or dangerous students. At the
conclusion of the CIT, a plan is developed for dealing with the dangerous or
problematic student.
b.
School Threat
Assessment Team (STAT): The Threat Assessment Team, within the Safety and
Security Department, becomes involved when administrators are concerned about a
student’s safety. School administrators
request STAT services when a student makes a direct and credible threat to do
lethal harm, exhibits behaviors that cause sufficient concern that a student
may pose a significant threat or is sexually aggressive or sexually
inappropriate despite intervention/sanctions.
c.
Risk
Assessments: Potentially assaultive or dangerous students are given risk assessments.
These assessments are designed to identify the circumstances and variables that
are known to be correlated with youth violence and aggression as well as to
assist SPS staff in developing a case management plan. Risk assessments must be completed by a
SPS-approved mental health provider trained in risk assessments.
d.
Safety Plans:
Safety plans are developed by the SPS in order to maximize safety and reduce
fear. The development of these plans includes input from school administrators,
affected staff, students, and parents/guardians. If the Safety and Security Department is
involved in the Risk Assessment, then the department, in consultation with the
General Counsel’s Office, will be involved with the creation and implementation
of the Safety plan. The Safety plans are designed to change variables found in
the risk assessment that affect social, emotional and behavioral factors and
promote safety for staff and students. These may include a range of
interventions such as, but not limited to, social skills training, daily
backpack checks, or transfer to another school.
e.
Emergency
Exclusion for Safety Reasons: A student may be placed on Emergency Exclusion
during continuing investigation and risk assessment. This Safety Exclusion is not disciplinary but
is a response to lethal and dangerous behavior.
The Safety Exclusion continues until the danger is abated and may be
re-instituted if the student does not follow the safety plan.
3.
Whereas, the SPS
and the SEA continue to support a policy of “no tolerance” for weapons,
dangerous devices and assaultive behaviors and continue to support the use of
expulsions from the school as an appropriate sanction for violations of the
weapons policy. However, there are legal limitations to the ability to expel in
every case, including particularly in cases of first offense for possession of
weapons other than firearms in the absence of any exceptional circumstances.
a.
Establishing a
Safe Environment - To achieve the above, consistent with student due process
and other legal requirements, the parties agree to:
1) collaboratively develop improved security procedures,
2) expand training opportunities for all staff, and
3) engage in cooperative problem solving to strengthen
the working relationships among the administration, staff, students, and the
community.
b.
Weapons.
1) Possession or use of weapons, explosives,
firecrackers, illegal knives, or other items capable of producing bodily harm
is prohibited.
2) Possession of Dangerous Device or Weapon Other Than
Firearm: The normal penalty for
possession or use of any weapons or dangerous devices will continue to be
expulsion, except in the limited circumstances involving a first offense for
the possession of an ordinary knife or other SPS defined weapon where there are
no exceptional circumstances present and a sanction less than expulsion is
necessary to comply with student due process rights. On the other hand, when a student uses a
weapon or dangerous device, it is considered an exceptional circumstance and
schools may proceed to expulsion without regard to progressive discipline
3) Items That Appear To Be Weapons: The normal sanction is expulsion when a
student uses any item that appears to be a weapon, is used by the
student/aggressor as a weapon and the victim reasonably believes it to be a
weapon.
4) The normal penalty is emergency expulsion and other
appropriate sanction for any student who commits a serious assault.
5) Serious assaultive behaviors are defined as either
physical assaultive behavior (purposeful assaultive, aggressive behavior, with
intent to do serious harm), or verbal assaultive behavior (racial threat or
threat to do physical harm, either student-to-student or student-to-staff).
6) The emergency expulsion will continue if the
principal or designee, in consultation with directly affected staff, has good
and sufficient reason to believe the student's presence poses:
a) an immediate and continuing danger to employee(s), a
student, other students, or school personnel; or
b) an immediate and continuing threat of substantial
disruption of the class, subject, activity, or educational process of the
student's school.
4. Repeat
Weapons and Serious Assault Offenders:
Repeat offenders relating to weapons and or serious assaultive behavior
will be expelled from their school, not from the SPS.
5. An
employee will not be expected or required to provide emergency treatment in
situations involving weapons if the employee has a reasonable belief the
scene/area is not safe or secure.
a.
Consequences
1) The standards for weapons and dangerous devices and
serious assaultive behavior apply to all students. Students expelled for weapons possession
and/or serious assaultive behavior will be referred to the appropriate SPS
office for:
a) Referral to a behavior modification program, if
available.
b) Support and intervention services, as appropriate, if
available.
c) A temporary school assignment.
d) A new school assignment.
2) The SPS will track these students when they request
readmittance after successfully completing a behavioral modification program.
3) The SPS will reassign these students on an even basis
across the SPS in appropriate individual schools and classrooms when they are
readmitted to a regular school, unless there are extenuating circumstances.
4) The SPS will provide the principal and SEA written
reasons for the extenuating circumstances.
5) The principal will be responsible for distribution to
impacted staff.
6) The principal or designee will immediately and
thoroughly investigate oral and/or written reports regarding weapons,
explosives and firecrackers and/or assaultive behavior.
7) The principal or designee will take prompt and
reasonable action to protect employees and students and their property.
8) The principal or designee will report all incidents
of weapons possession and/or serious assaultive behaviors to Safety & Security.
9) The student’s parents or guardians will be promptly
informed of the incident.
10) Students who have been expelled for offenses relating
to weapons or serious assaultive behaviors must participate in and successfully
complete an approved behavioral modification program prior to readmittance to a
new regular Seattle Public School.
11) Every effort will be made to secure involvement and
support of a parent, guardian or responsible adult.
12) The enrollment of juvenile sex offenders shall be in
schools where victims or victims’ siblings are not in attendance.
13) SPS policy regarding gangs on school grounds will
provide for student suspension and/or expulsion.
b.
Special
Education: In the event a Special Education student is emergency expelled for
misconduct related to the disability, the SPS, if necessary:
1) Will file in the appropriate court a petition for a
temporary restraining order and preliminary and permanent injunctions asking
that the court authorize continued exclusion from school pending consideration
of appropriate placement.
2) Receiving certificated employees will be immediately
given all information properly available concerning students expelled for
weapons, dangerous devices, or serious assaults, including the intervention and
behavior modification program or equivalent, related to the weapons/suspension
prior to admittance to classrooms.
6. Disruptive
Non-students: The SPS will recommend to
the appropriate prosecuting attorneys that any individual on school premises
under the influence of alcohol or who has possession of drugs or other
non-prescribed narcotic substances and/or who physically or verbally abuses or
intimidates or interferes with an employee performing his/her duties will be
prosecuted to the fullest extent provided by law.
7. Hearing
Officers: The SEA and the SPS annually will jointly review and evaluate hearing
officers.
8. Searches:
Bargaining Unit employees will not be required to search a student, a student’s
possessions, or a student’s locker.
Employees may be assigned to supervise other students while search is in
progress.
a.
The SPS shall
provide a safe and healthy workplace per State law, WAC 296-24-020.
b.
Teaching
stations shall be equipped for the purpose of communicating in emergency
situations.
10.
HIV/AIDS,
Hepatitis B Training and Inoculation Requirements:
a.
The SPS will
advise the SEA of those employee groups which will receive special Hepatitis B
training and who will be offered pre-exposure inoculations.
b.
The SPS will
provide HIV/AIDS - Hepatitis B training as required by law.
SECTION I: No
Reprisal for Disclosing Misdeeds
The SPS agrees to abide by
the SPS Whistleblower Policy; however, in the event an employee decides to
pursue the matter in court, the employee shall not have access to the grievance
procedure herein, or the SPS's appeal procedure, in addition to court
proceedings. It is the intent of the
parties that the employee has the right to select one avenue of resolution.