This booklet was prepared to assist you in making your employment with Broken Arrow Public Schools a successful experience. This handbook does not create a contract, express or implied. This handbook is not all inclusive, but it contains policies, procedures, and guidelines to which you may frequently refer. This handbook supersedes any previous handbook or unwritten policies or procedures. Specific questions related to your individual employment should be referred to your supervisor.

(Revised 02/2006)

It is the policy of the Board of Education of Broken Arrow Public Schools that no person shall, on the grounds of race, color, religion, national origin, sex, age, marital or veteran status, or disability, be excluded from participation, be denied the benefits of, or be otherwise subjected to discrimination under any education program or in recruitment, consideration, selection or employment whether full-time or part-time, or any other activity for which the Board is responsible. The Executive Director for Human Resources is designated to act as Director of Equal Employment Opportunity and to coordinate Title IX, Section 504 and the Americans with Disabilities Act compliance activities. The Executive Director for Human Resources can be contacted at 601 South Main Street, Broken Arrow, OK 74012, Telephone (918)259-4300.

The successful achievement of this non-discrimination policy shall be the function and responsibility of the Board of Education, the administration, and all employees of the District.

Employment shall be on a yearly contract beginning on July 1 of each calendar year and ending on June 30 of the next calendar year.

Temporary Status: Support personnel (full-time and part-time) shall be initially employed in the Broken Arrow School District on a temporary status. The temporary status shall be in effect for a period of sixty calendar days from the date of employment, except that it may be extended for an additional thirty calendar days upon the recommendation of the supervisor, following an evaluation of the employee’s work performance during the first sixty (60) calendar days. Upon completion of the temporary status period the employee shall either advance to a designated employment classification status or his/her employment with the Broken Arrow School District shall be terminated. An employee on temporary status is not entitled to benefits normally provided for employees of the Broken Arrow School District. When the employee has successfully completed the period of temporary employment and has been assigned to an employment classification, the date of employment for purpose of calculating fringe benefits shall be the date of original employment on temporary status. All insurance coverage begins on the first of the month following completion of the sixty (60) day temporary status period. During the first year of service, the employee may terminate his/her services for any reason without prejudice and the employer may dismiss the employee for any reason without being subject to grievance.

As a pre-employment condition, every person employed by Broken Arrow Public Schools will place on file in the Human Resources Office a photocopy of his/her Social Security card. Metal duplicates will not be accepted. Applicants having no valid Social Security card will have sixty (60) calendar days in which to obtain one, at the end of which time all salary checks will be withheld until a valid photocopy is on file in the employee’s personnel file. All employment records and payroll records will be carried under the name shown on this Social Security Card.

The original day of employment for a new employee shall be the first day actually worked. This date will be used to establish eligibility for benefits and seniority rights.

In determining length of service for longevity awards, all periods of employment of one hundred-twenty (120) days or more in any fiscal year shall count as a year of service, whether or not years of service are continuous.

Physical examinations required for support personnel before employment in certain assignments will be paid for by the Broken Arrow Public Schools providing the employee remains with the school system ninety (90) days or longer.

In the event an employee leaves employment with the Broken Arrow Public Schools within ninety (90) days of his/her employment date, the cost of his/her physical examination will be deducted from his/her final paycheck. If the employee is terminated by Broken Arrow Public Schools within ninety (90) days, the school district will pay for the physical examination.

The Broken Arrow Public Schools operates on a five-day workweek. Daily schedules are set for each employee. The workday for most employees will consist of six to eight working hours per day plus an additional 30-minute to one hour period per day for lunch, as determined by the supervisor. The scheduled workday may not be shortened by deleting the lunch period without approval of the principal or supervisor. During the summer the district may elect to operate within a four (4) day, ten (10) hours per day work week.

When it is necessary to work in excess of the normal 40-hour work week, employees, with the exception of exempt employees as defined in the Fair Labor Standards Act, are to be compensated at one and one-half times the regular rate of pay. When possible, overtime work will be rewarded with compensatory time off. Such compensatory time must be taken in the same week in which the extra time was accrued. All deviations from designated and regular work hours require advance supervisor approval. Unauthorized overtime is prohibited. The accumulation of extra time/overtime by virtue of early or late clock-ins is prohibited.

Employees classified as nonexempt as defined by the Department of Labor/Fair Labor Standards Act are required to utilize the automated timekeeping system. Those non-exempt employees who perform seasonal jobs only and have no access to an automated card reader will keep a manual timesheet to be approved by the supervisor.

Employees will register their attendance no earlier than 7 minutes before their scheduled start time, and will swipe out within 7 minutes after their scheduled stop time.

Early or late clock-ins/outs in excess of 7 minutes must be justified and approved by the supervisor. The accumulation of extra time/overtime by this practice is prohibited, but is not intended to disallow approved ET/OT. (Reference district OT procedure)

Employees are required to swipe their own badge to register attendance.

Meal breaks for district support staff are intended to be a minimum of 30 minutes in length. It is expected that the employee will be relieved from duty and take the meal break away from their immediate work area. Should exceptions occur in which the employee must return to duty prior to completion of the meal break, or should the employee be unable to be relieved from duty, said employee will complete and submit for supervisor approval the ET/OT request form. Site clerical support staff and teacher assistants will have a designated time of not less than 30 minutes automatically deducted each day for a meal break. Non-exempt central office staff will have one hour automatically deducted. All other non-exempt support staff will clock in/out for the meal break.

Requests for employees to work in more than one department/site within the district must be approved in advance by the HRD.

Each site/department will designate an "approver" who is responsible for verifying hours worked by nonexempt staff and submitting the automated report of hours worked to the Payroll Department by 12:00 p.m. each Tuesday. Each employee listed on the report will verify the accuracy of their reported time by signing the report. Any discrepancies must be reported to the supervisor prior to submission of the time worked report.

The salary for support personnel in the Broken Arrow Public Schools is within an overall salary schedule. Compensation for each particular position depends upon the duties, responsibilities, and qualifications required for job performance of the position.

Paychecks are issued every other Friday for support personnel except when the Friday falls on a paid holiday. The payday is then scheduled on the preceding workday.

During summer 10-hour workdays payday will be on Thursday.

The following deductions will be made each pay period the employee is with the Broken Arrow Public Schools:

Federal Withholding Tax

Oklahoma Withholding Tax

Social Security (FICA and Medicare)

In addition to these, voluntary deductions may be authorized by the employee for the following:

Tax Sheltered Annuities

U. S. Savings Bonds

United Way Funds

Credit Union (available to those employees who work at least

half time)

Legal Services

Insurance

Health

Dental

Vision

457 Plan

Salary Protection

Flexible Benefits

Cancer

Life Insurance

Teachers’ Retirement

Questions regarding pay are to be discussed with immediate supervisor or the payroll department and not fellow employees.

It is important that each person be in a position for which he/she is suited, and one in which his/her skills and abilities are utilized. When an employee desires to transfer from job assignment to another within the school system, such a transfer request should be made and approved through the employee's immediate supervisor. Submission of a request for transfer does not automatically guarantee favorable action. Transfer of an employee is an administrative decision that involves approval of both supervisors.

An employee transferred to a position that requires like skills as those in the previous assignment retains class status if he/she had advanced to class status in the previous position. Transfer to a position requiring different skills could result in a different pay scale for an employee. If this change would result in a reduction in salary, the employee must acknowledge and approve the reduction.

Employees may be transferred involuntarily at the discretion of administration when it deems in the best interest of the school district.

The health of students and employees is important to the district. The use of tobacco and tobacco products (including smokeless tobacco) is prohibited in all of the district’s facilities and on its property 24 hours per day, 7 days per week. This prohibition includes but is not limited to the inside and outside of school buildings, district support facilities (such as maintenance, warehouse, ESC, Special Services, Central Learning Center and the like), classrooms, corridors, restrooms, locker rooms, work areas, cafeterias, offices, faculty lounges, gymnasiums, stadiums, parking lots (including in personal vehicles parked on district property), atletic fields, performing arts facilities, and all vehicles owned, leased or operated by the district.

Disregard of the tobacco policy by an employee may be cause for suspension, demotion, termination or nonreemployment.

Safety is an important factor in maintaining a smoothly functioning school system. Safety procedures will be explained to each employee according to the work performed in his/her department. These procedures have been designed to enable the department to operate safely and efficiently. The employee is expected to conform to these safety practices. The use of personal protective equipment must be used, if required by job description. Employees are to immediately report and correct unsafe work conditions. Attention to safety is expected of every district employee.

For your protection, the Broken Arrow Public Schools insist that all injuries be reported immediately to the supervisor of the department. Under no circumstances should an employee leave the work site without reporting an injury. (Refer to section on Worker’s Compensation on page 20).

Employees of Broken Arrow Public Schools shall demonstrate through dress and grooming an appreciation and respect for the Education Profession.

The image you portray as a Broken Arrow Public Schools employee through the day-to-day contact with the public, and with work colleagues, has a direct bearing on how they judge the effectiveness of our school system. It is important that a positive image is portrayed. Cleanliness and personal grooming are important and expected.

2. Work clothing of denim, twill or comparable material, and any shirt containing insignia, may be approved by the department director.
3. Shoes shall be closed-toe style with leather upper, appropriate for individual work assignments.
4. Alternative dress may be approved by the department director depending on activity and weather conditions.
5. Any dress and accessories worn must meet safety standards.
6. Employee identification badges shall be worn at all times when an employee is on duty.

1. Employees in Child Nutrition Program assignments shall wear specified uniform items defined in the department handbook. Employee guidelines include type and color of uniforms, type and color of shoes, aprons, hair coverings, and restrictions on jewelry, makeup and nail polish.
2. Child Nutrition employee identification badges shall be worn at all times when an employee is on duty.

1. Employees in Transportation Department assignments shall comply with clothing guidelines defined in department employee’s handbook.
2. Employee identification badges shall be worn at all times when an employee is on duty.

1. Employees assigned to office positions shall wear clothing appropriate for persons employed in professional, business and office assignments.
2. Office employees shall meet dress code requirements established for classroom teachers.

The Executive Director for Human Resources is delegated authority to act upon dress code violations, and to determine proper action to be taken in issues related to the dress code.

Employees are expected to be at work on time and to be prompt in returning from lunch periods. Excessive tardiness could result in suspension or termination of employment. If the employee is going to be tardy to work because of an unavoidable circumstance, the supervisor should be telephoned as soon as possible and informed of the reason.

Regular job attendance is expected of every employee. An employee who is unable to report for work is to notify his/her supervisor as soon as possible prior to his/her shift and no later than 15 minutes prior to his/her shift so the supervisor may arrange for temporary replacement and plan the work schedule accordingly. The employee should call in each day he/she is going to be absent. An unauthorized absence from the job during regular work hours, including absence for a portion of a workday, shall be without pay and could result in suspension, demotion, termination or nonreemployment. (Refer to section on Authorized Leave without Pay on page 17.)

Personal telephone calls take time, tie up telephone lines, and add unfairly to the costs of operating the school system. Therefore, personal telephone calls should be made or received during breaks or lunch periods. The number of calls and the length of time on the telephone should be limited. Unnecessary calls should be avoided.

In order to control admittance of persons to the premises of all school-owned or supervised property, thereby protecting the safety of staff, students, and school property, all employees are required to wear photo-identification badges at all times. All employees who travel as a part of their job responsibilities will wear photo-identification badges at all times when on duty. The identification badge is the property of the school district, and upon termination of employment, must be surrendered to the appropriate supervisor in order to receive final paycheck. The employee will be required to pay a fee for replacement of lost badges.

Many jobs performed in the Broken Arrow Public Schools require the employees to assume responsibility for the security of a building, office, or area. It is important that the employee exercise caution and prudent judgment in maintaining security as required by his/her job performance. If the employee possesses keys in the performance of his/her job, all such keys will be kept secure by the employee and returned to his/her immediate supervisor upon leaving the employment of the district.

The employee’s responsibility includes ethical conduct in all business dealings. Respect for the law, observation of work regulations, and recognition of the rights of others are representative component parts of high personal ethics. A failure to observe these can be the basis for disciplinary action.

All employees are required to maintain current and correct records of personal information with the Human Resources Office. All personnel records and payroll transactions will reflect the name shown on the employee’s social security card. Immediately report any change in home address or telephone number. In addition, any change in marital status, number of dependents, or local person to contact in the event of an emergency must be reported to the Human Resources Office. Upon separation from the school system, employees are requested to leave a forwarding address so that appropriate records and forms, i.e., Internal Revenue Service W-2 Forms may be mailed to them.

Complaints shall consist of matters affecting the employer-employee relationship except those specifically covered by School Board policy or regulations. An employee who has a complaint concerning his/her employment shall follow this procedure:

The complaint shall be reported to the employee’s immediate supervisor within five (5) working days after its occurrence, or after the employee has become aware of its occurrence.

The employee shall discuss the alleged complaint first with the immediate supervisor. If it is not satisfactorily resolved, the employee may enter a written request to the Executive Director for Human Resources for a hearing of the complaint in the presence of the supervisor.

A response in writing shall be given to the employee within five (5) working days after the hearing of the alleged complaint.

This procedure is not available to employees who have been suspended, demoted, terminated or nonreemployed from Broken Arrow Public Schools.

Each employee is required to provide his/her own small hand tools as required by the job for which employed. Safekeeping of personally owned tools is the responsibility of the employee. Each employee should take measures to keep the tools in a secure place. Replacement of the personally owned hand tools, which are worn, lost or destroyed, is the responsibility of the employee.

The successful operation of Broken Arrow Public Schools requires a number of jobs. A job description is maintained within each department and the employee is expected to become knowledgeable of the details and abilities necessary for the satisfactory performance of his/her job. In addition, an employee might be asked by a supervisor to perform assignments other than the specified duties for which he/she was employed.

Support personnel of the Broken Arrow Public School System will be evaluated on work performance at the completion of the temporary status period (60 days) and during each year of service.

This evaluation becomes a part of the employment history of each employee, and may be shared with future employers who request a reference on work performance of the employee.

When an employee transfers positions, receives a promotion, or returns following a suspension or for other circumstances, the supervisor may hold a special evaluation of the employee’s performance.

A personnel file is maintained for each support employee in the Human Resources office. This file contains all information pertaining to employee’s employment with the Broken Arrow Public Schools. An employee may examine his/her personnel file at any time by making written request to the Executive Director for Human Resources. The file will be made available to the employee within two (2) working days following receipt of the request.

A letter of resignation giving the intended termination date should be sent to the Executive Director for Human Resources. Employees resigning from employment with the school system are expected to give two weeks notice of their intention to leave. Leave may not be used during the notice period except in an emergency.

Full-time employees who have been employed with the Broken Arrow Public School District for one year or more may be suspended, demoted, terminated or nonreemployed for the causes set forth in the Broken Arrow Public School District Policy. (Refer to this policy on pages 22-30.)

Persons previously employed by Broken Arrow Public Schools may be considered for reemployment provided their previous record of employment with the district was good and they are recommended by their former supervisor. Employees returning will be eligible for benefits on the 1^st of the month following their rehire date if rehired within 12 months.

The temporary status time of employment is waived for reemployed employees if he/she was on a designated class status when previously employed with the school district, if the employee returns to the same job classification. If the employee is reemployed in a different job classification, experience credit will be allowed and employment will be on a temporary status.

Employees who terminate employment and then are subsequently rehired will lose all previous years of service unless returned to work in less than one year. If an employee returns within one year from termination date, all previous years of experience will be reinstated for compensation and benefits purposes. If an employee returns after being gone one year but less than two years, up to five years experience may be reinstated. This experience would be counted using the work schedule for the job to which the employee returns (i.e., bus drivers, child nutrition employees and others working fewer than twelve (12) months would have only those months counted for which they would have been scheduled to work.) New employees may be given credit for verified school experience. New employees may be given credit for _ of their relevant industry experience up to a maximum of seven (7) years.

When an employee changes to a position with a higher salary index than the one they are presently on, years of service will be calculated using the following method:

1. Employee working less than four (4) hours/day for the majority (120 days) of the year will receive _ credits for the year.
2. Employees working at least four (4), but less than six (6) hours/day for the majority (120 days) of the year will receive _ credit for the year.
3. Employees working at least six (6) hours/day for the majority (120 days) of the year will receive a full year’s credit.

If the reemployed employee has been out of the employment with Broken Arrow Public Schools for more than six (6) months and the designated job requires a physical examination; an examination will be required before reemployment.

Employees who have been terminated, nonreemployed, suspended or designated "ineligible for rehire", may be reemployed only upon the approval of the Superintendent of Schools.

The following benefits are provided to those employees who are indicated, subject to the provisions that are stated. NOTE: Partial year employees, employees on a temporary status, and employees working less than 30 hours per week do not qualify for benefits of any kind other than the funeral and personal leave. Vacation and sick leave benefits do not accrue while an employee is on unpaid leave.

Medical Insurance Benefits

A flexible benefit allowance is provided to Class 1, 2, 3 and 4 working a minimum of 6 hours per day for 173 days per year. Employees who do not receive a paycheck during school closed periods are responsible for paying their premiums by personal check or money order to the Insurance Coordinator. Employees who lapse from non-payment of premiums will be cancelled and may not re-enroll.

Broken Arrow Public Schools provides the following paid holidays for twelve month full-time employees:

1. New Year’s Day, January 1
2. Memorial Day, Last Monday in May
3. Independence Day, July 4
4. Labor Day, First Monday in September
5. Thanksgiving Day, Fourth Thursday and following Friday in November.
6. Christmas Eve and Day, December 24 and 25
7. Friday of Spring Break.
8. Four (4) Floating Holidays to be designated by the Superintendent.

An official holiday which falls on a Saturday shall be observed the proceeding Friday, or if on Sunday, it shall be observed the following Monday. Only twelve-month regular employees who have completed the temporary status period shall receive pay for authorized holidays.

Authorized holidays falling within a support employee’s vacation period will not count as vacation time.

In order to be eligible to draw "Holiday Pay", an employee must work, or draw "Vacation Pay" or "Sick Leave Pay", during the week in which the holiday occurs, and must be employed currently on the day before and after the holiday. An employee on any kind of extended leave who does not draw pay during the week in which the holiday occurs is not eligible to draw "Holiday Pay".

Paid vacation time is authorized for Class 1 employees who are employed in twelve-month, eight-hour per day positions. Employees who work less than Class 1 assignments are not eligible to receive vacation benefits. Employees in Class 1 assignments shall be allowed vacation time annually according to the following schedule:

*Employees with a break in service of 12 months or more will be reemployed at the vacation accrual rate of a first time employee.

Previous years of service will be considered to be a year’s service if the employee worked a minimum of thirty (30) hours a week for nine (9) months during the fiscal year.

Employees may accrue a maximum of 240 hours (30 days) of vacation. No further vacation time will be earned until the employee has used vacation time to reduce the number of accrued hours below 240.

Vacation time may not be requested or used in less than one-half day increments nor more than ten (10) days consecutively without supervisor’s approval.

Vacation may not be used during the first sixty (60) days of employment. Vacation will begin to accrue on the first of the month following start date.

Employees on unpaid leave do not accrue benefits.

Sick leave is provided to protect the employee against loss of salary due to personal accidental injury, illness or pregnancy. Each employee who is eligible for sick leave under Board of Education personnel policies is granted one day for each month of contract (i.e., 10-month employee, 10 days: 11-month employee, 11 days; 12-month employee, 12 days.) No eligible employee shall receive less than 10 sick leave days. An employee may accumulate up to 120 days.

The district reserves the right to require acceptable evidence of sickness or injury before allowing any sick leave benefits.

When an employee leaves the employment of the district, the entire amount of unused sick leave is forfeited, unless the employee goes to work without interruption in service for another school district in Oklahoma. In that case, unused sick leave days may be transferred to the new district. In the event of subsequent reemployment in the district after a break in service, no credit is granted for prior unused sick leave. Payment of unused accrued sick leave at the time of retirement is granted to those employees who have completed ten (10) consecutive years of service and shall be a maximum of one hundred twenty (120) days paid for by the district at a rate to be determined by the Board of Education. Payment shall be in accordance with applicable Oklahoma State law.

Employee may use sick leave for accidental injury or illness of spouse, child, parent, corresponding in-laws, or any relative who resides permanently with the employee in the home if the employee is needed to care directly for the sick family member.

Employee on unpaid leave does not accrue paid benefits.

All employees will be granted up to five days funeral leave in the event of the death of a wife, husband, child, mother, father, or corresponding in-laws or corresponding step relatives.

All employees will be granted up to three days funeral leave in the event of the death of a sister, brother, grandparents, grandchildren or corresponding in-laws, including step relatives.

In the event of the death of an aunt, uncle, niece or nephew or corresponding in-law, all employees will be granted one day.

Funeral leave days, if taken, must be used within 30 days of the death of the relative.

The District reserves the right to require proof of the death before allowing funeral leave.

After all sick leave has been used for Temporary disability, support personnel on Class 1 status may receive an extended medical leave of absence without pay, for a period of ninety (90) calendar days if approved by the Board of Education, upon recommendation of the Employee’s medical doctor and the Executive Director for Human Resources. Such leave may be renewed for one additional ninety (90) calendar day period, or a portion thereof at the request of the employee and approval of the supervisor. Employees granted an extended medical leave of absence are assured of a position upon recovery within the 180-day limit, but not necessarily the one previously occupied or the same class status if it was necessary to fill the previous position during their absence.

Employees who do not return to work at the end of any medical leave will be considered to have voluntarily terminated their employment with Broken Arrow Public Schools.

At the point when the employee’s sick leave is exhausted, the employee will automatically be placed on extended medical leave for up to 180 days or until released to return to work. Starting on the first of the month following use of all such leave, the employee must pay the premiums for the insurance and any other benefits directly to the school district insurance office to keep these benefits in force until returning to work.

To be eligible for Family Medical Leave, an employee must have worked at least 1,250 hours during the 12 months before the leave is taken.

Personal Business Leave may not be used before or after a holiday or vacation period except in cases of emergency or extenuating circumstances beyond the control of the employee. Personal Business Leave must be on a scheduled or a contract day.

All personal leave requires advance approval by the employee’s supervisor. Unused personal days will be rolled to sick leave if the employee is in an eligible class.

Employee leave without pay is discouraged and is restricted to short term absences of a maximum of five (5) days due to emergency situations needing immediate attention. Requests for leave from regularly assigned duties for the purpose of personal or family business, family illness, funerals not covered by funeral leave, or other emergency matters may be considered.

In order to request leave without pay, the employee must complete the request form and submit to his/her supervisor for approval in advance of the date(s) when leave is desired. In sudden emergencies when the need to be absent cannot be foreseen, the form must be completed upon the employee’s return to work.

If the amount of time missed is small enough for the employee to make up the time within the current forty-hour week, the employee, with the approval of the supervisor, may choose that option, provided that no substitute was provided in the employee’s absence.

Time missed without pay, which was not authorized by the immediate supervisor or covered by established leave policy, will be recorded as "Unexcused Absence".

The employees of the Broken Arrow Public School System are permitted to eat in the school cafeteria where they work. An adult fee is charged for these meals. The employees are expected to follow the rules of procedure for the cafeteria of the school while eating there.

(2) The accident must arise out of the scope of employment.

3. The injury sustained while performing the job must be

If an employee is unable to obtain a release from the doctor to return to duty within a "reasonable time" period as established by the Board of Education, and it becomes necessary to employ a replacement to fulfill the job requirements, then the employment of the injured employee may be terminated. The Broken Arrow Board of Education has established ninety (90) calendar days as a "reasonable time" period for the return of the injured employee to the job.

When the injury warrants additional time, leave may be renewed for one additional ninety (90) calendar day period or a portion thereof.

Employees granted medical leave due to an injury sustained in the performance of his/her job are assured a position upon recovery within the 180-day time limit, but not necessarily the one previously occupied or the same class status if it was necessary to fill the previous position during their absence.

Employees on extended medical leave of absence must report their status to the Human Resource Department each month. Employees who make no contact with the Human Resource Department concerning their status may be terminated.

Illegal collection of workers’ compensation is a fraud and is classified as a felony under Oklahoma law. If you know of someone who is committing fraud, please report it to the Human Resources office. You will remain anonymous.

WARNING: Any person who knowingly, and with intent to injure, defraud and deceive any insurer, makes any claim for the proceeds of insurance policy containing any false, incomplete or misleading information is guilty of a felony. (Title 36 S 3613.1 O.S.)

A promotion is a change in duty assignment requiring a higher level of skills and involving a greater degree of responsibility and pay. An employee’s request for promotion will be considered only when his/her supervisor recommends the promotion of the employee.

Each employee will be given an appropriate service award on selected anniversary dates of his/her employment with Broken Arrow Public Schools.

State and federal law specifically prohibits sexual harassment of employees and students in connection with their employment by or enrollment in the Broken Arrow School District. The following will set forth the rules and regulations to be followed by all employees and Board members of the School District with regard to the issue of sexual harassment.

"Employee" means any person who is authorized to act on behalf of the School District, whether that person is acting on a temporary or permanent basis, with or without being compensated, or on a full-time or part-time basis and including Board members and school volunteers.

In the case of the employee of the School District, "sexual harassment" is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by one employee towards another employee which; (a) is made an explicit or implicit term or condition of an employee’s employment, or (b) is used as a basis for employment decisions affecting that employee, or (c) has the purpose or effect of unreasonable interference with an employee’s work performance, or creating an intimidating, hostile, or offensive working environment.

All students, employees and Board members are strictly prohibited from engaging in any form of sexual harassment of any student, employee or applicant for employment. Any employee engaging in sexual harassment is subject to disciplinary action, including but not limited to suspension, demotion, forfeiture of pay or benefits and termination. Such penalties shall be imposed based on the facts taken as a whole and the totality of the circumstances such as the nature, extent, contact and gravity of such activities or incidents.

Any employee or student who is or has been subjected to sexual harassment or knows of any student or employee who is or has been subjected to sexual harassment shall immediately report all such incidents to either the superintendent, assistant superintendent, executive directors of elementary or secondary instruction, executive director for human resources, principal or assistant principal. If the report of an incident needs to be made after business hours, the above listed individuals may be contacted at home. It is preferred that all such reports be made in person or in writing signed by the reporting party. However, in order to encourage full, complete and immediate reporting of such prohibited activities any person may report such incidents in writing and anonymously by mailing such reports to the personal attention of any of the above-designated persons. All such reports should state the name of the student, employee or applicant involved, the nature, context and extent of the prohibited activity, the dates of the prohibited activity and any other information necessary to a full report and investigation of the matter.

Any employee who is subjected to job related sexual harassment is entitled to protection under Title VII of the Civil Rights Act of 1964 and the Oklahoma Anti-Discrimination Act and may reports such incidents to the United States Equal Employment Opportunity Commission or the Oklahoma Human Rights Commission.

The superintendent, assistant superintendent, executive director for human resources, principal and assistant principal, upon receiving a report (formal or informal) of sexual harassment shall do the following as quickly as reasonably possible:

1. obtain a statement, oral or written, from the individual who is alleged to have been sexually harassed which contains information necessary to conduct a full investigation of the matter. This information should include, but is not limited to, the name of the alleged harassing student, employee or board member, the person(s) being harassed, the nature, context and extent of the prohibited activity, the dates of the prohibited activity and the names of any witnesses;
2. take appropriate and reasonable steps to separate and protect the individual who is allegedly being sexually harassed from the alleged harasser, until the matter can be fully investigated and the appropriate remedial steps taken;
3. keep the individual who is allegedly being sexually harassed reasonably apprised, to the extent allowed under federal and state privacy laws and regulations, of the investigation and the actions taken as a result of the investigation;
4. conduct a full and complete investigation, to the extent reasonably possible, regarding the alleged sexual harassment, which would include, but not be limited to, interviewing the individual allegedly harassed, any witnesses, review of any supporting documents and interviewing the alleged harasser;
5. based on the facts as revealed by the investigation, taken as a whole and the totality of the circumstances, such as the nature, extent, context and gravity of such activities or incidents, take or recommend the taking of appropriate measures, including but not limited to, suspension, demotion, forfeiture of pay or benefits, termination or reassignment.

During and after the investigation, confidentiality shall be maintained, as far as reasonably possible; provided, however, nothing in this policy shall preclude public disclosure of any information of a personal or confidential nature during the course of any suspension, dismissal or nonrenewal hearing or in any litigation. No reprisals or retaliation will be allowed to occur as a result of the good faith reporting of charges of sexual harassment.

Broken Arrow Public Schools expressly prohibits any form of unlawful employee harassment based on race, color, religion, gender, national origin, age, disability or veteran status. Improper interference with the ability of school employees to perform their expected job duties is absolutely not tolerated.

1. A "support employee" shall mean an employee of the School District who provides those services, not performed by professional educators or licensed teachers, which are necessary for the efficient and satisfactory functioning of the School District.
2. "Full-time Support Employee" shall mean a support employee who regularly works the standard period of labor which is generally understood to constitute full-time employment for the type of services performed by the employee and who is employed by the School District for a minimum of 172 days per year.
3. "Suspension without pay" shall mean the temporary denial of a support employee’s right to work and receive any pay and other benefits during the term of the suspension. "Suspension without pay" may be as a disciplinary measure as provided in paragraph 4.B(1), below or as a suspension pending investigation as provided in paragraph 4.B(2), below. If a final decision is made under the procedures stated below that a suspension without pay was improper, the support employee shall receive full pay and other benefits for a period of suspension.
4. "Suspension with pay" may occur in those situations in which the superintendent or his/her designee, or a supervisor of the support employee perceives a significant hazard in keeping the support employee on the job, in which event the support employee may be asked to immediately leave the School District’s premises and the support employee is temporarily relieved of his/her duties pending a hearing under paragraph 4, below.
5. "Demotion" shall mean a reduction in pay during the term of the support employee’s contract. "Demotion" shall not mean a change in job description or work assignment of duties.
6. "Termination" shall mean the discharge of the support employee from his/her employment with the School District during the term of his/her contract and does not include the cessation of employment upon expiration of the support employee’s contract.
7. "Nonreemployment" shall mean the failure to offer a support employee a new contract for the next successive school year after the contact under which the support employee is presently employed has expired.

2. Policy on Suspension, Demotion, Termination or Nonreemployment of Full-Time Support Employees.

A full-time support employee who has been employed by the School District for more than one year shall be suspended, demoted, terminated or nonreemployed during the term of his/her contract only for cause as provided in this policy. In addition to the definition of cause stated in section 3 of this Policy, "cause" shall also specifically include lack of funds or lack or work.

3. Cause for Suspension, Demotion, Termination or Nonreemployment.

1. A support employee may be suspended, demoted, terminated or nonreemployed during the term of his/her contract for any of the following:

1. Violation of any rule, regulation or requirement issued by the Office of the Superintendent or Board of Education of the School District; or
2. Conduct not otherwise specified in the above rules, regulations or requirements which constitutes insubordination, neglect of duty, incompetency in job performance, dishonesty, or causing or allowing damage, destruction or theft of school property.

1. The rules, regulations and requirements referred to above shall be posted in a prominent place at each work location or otherwise communicated in writing to all support employees. The rules, regulations and requirements, which may be revised from time to time, shall state that violation of the rules regulations and requirements may result in suspension, demotion, termination or nonreemployment during the term of his/her contract.

1. Any full-time support employee is subject to disciplinary action in the form of a suspension without pay, demotion or termination. Prior to instituting any such disciplinary action the full-time employee shall receive the following hearing rights.

1. The superintendent of schools or his/her designee shall orally advise the support employee of the cause or basis for the proposed disciplinary action;
2. The superintendent of schools or his/her designee shall explain to the support employee the evidence against the support employee;
3. The superintendent of schools or his/her designee shall allow the support employee an opportunity to present his/her side of the matter.

1. After the support employee is afforded the above hearing rights the superintendent of schools or his/her designee may take any of the following actions:

1. Suspension without pay for ten (10) working days or less as a disciplinary measure;
2. Suspension without pay pending investigation as to whether cause exists for the termination of the support employee;
3. Demotion of the support employee;
4. Termination of the support employee
5. Conclude that no disciplinary action is appropriate.

1. If a support employee is suspended without pay pending an investigation as to whether termination is appropriate, then within five (5) working days after the effective date of the suspension without pay such investigation must be completed and the superintendent or his/her duly authorized designee shall afford the support employee a second hearing with the same hearing rights as set forth in paragraph 4.A., above. After the second hearing, the support employee shall either be reinstated, with back pay and other benefits, suspended without pay further as a disciplinary measure (not to exceed a total of ten (10) working days including the initial days of suspension without pay), demoted or terminated.
2. The support employee shall have the right to appeal to the Board of Education a suspension without pay as a disciplinary measure, a demotion or a termination as set forth in the Procedures for Appeal to the Board of Education in section 6 below.

5. Procedures for Nonreemployment.

Prior to being nonreemployed, a full-time support employee who has been employed by the School District for more than one (1) year shall be entitled to the following hearing rights:

1. The Board of Education or the superintendent of schools or his/her designee shall advise the support employee, in writing, of the board’s intention to consider and act on the nonreemployment of the support employee for the subsequent fiscal year.
2. The written notification shall set out the cause(s) for such action;
3. The support employee shall have the right to contest his/her nonreemployment before the Board of Education as set forth in the Procedures for Appeal to the Board of Education in section 6 below.

6. Procedures for Appeal to the Board of Education.

1. After any suspension without pay as a disciplinary measure, or prior to the effective date of any demotion, termination during the term of his/her contract or nonreemployment, the support employee shall receive notice of his/her right to a hearing before the Board of Education as herein provided.
2. All notices shall be sent to the support employee by certified mail at the address of the support employee shown on the school records. If the support employee refuses to accept the notice or fails or refuses to pick up the notice after being notified by the post office to do so, then the support employee shall be deemed to have received the notice on the date that the notice was postmarked. The notice shall contain the information provided in the form attached hereto. The postmark shall be used to determine the timeliness of the notice.
3. A support employee who has been notified in writing of his/her suspension without pay as a disciplinary measure, demotion or termination during the term of his/her contract or nonreemployment may notify the Clerk of the Board of Education of the School District within ten (10) working days of the postmark on the notice if the support employee desires a hearing before the Board of Education. If the support employee fails to notify the Clerk of the Board of Education of the School District in writing within ten (10) working days of the postmark on the notice that the support employee requests a hearing, the support employee shall be deemed to have waived the right to a hearing and the suspension without pay as a disciplinary measure, demotion or termination action shall be final and, in the case of a nonreemployment, the board may take final action to nonreemploy the employee without further notice or hearing rights.
4. Hearing before Board of Education:

1. Upon timely notice as set forth above, the support employee shall be entitled to a hearing before the Board of Education. The hearing shall be conducted at the next, or next succeeding, regularly scheduled meeting of the Board of Education if the request for the hearing was received at least ten (10) days prior to the next or next succeeding, regularly scheduled Board of Education meeting. At the request of the support employee or at the discretion of the Board of Education, the Board of Education shall call a special meeting to conduct the requested hearing, which special meeting shall be held no earlier than ten (10) days nor later than thirty (30) days after receipt of the support employee’s request.
2. At the hearing before the Board of Education, the support employee shall be entitled to be represented by counsel, to cross-examine witnesses presented by the School District, to present witnesses on his/her behalf and to present any relevant evidence or statement which the support employee desires to offer. The hearing shall be conducted in "open" session. The hearing shall commence with a statement to the support employee of his/her rights at the hearing. Following this statement, the school administration shall present facts showing the cause for the support employee’s suspension without pay as a disciplinary measure, demotion, termination or nonreemployment. The burden of proof shall be upon the school administration. The support employee shall then have the right to present his/her side of the matter. After both the school administration and the support employee have fully presented their respective positions, the Board of Education shall deliberate on the evidence in executive session. The Board of Education shall announce its findings and decision immediately in open session by individual voice vote. The decision shall be made by a majority of the Board of Education members present at the meeting.
3. As to suspension as a disciplinary measure, demotion or termination, the Board of Education may affirm, modify or reverse the action taken against the support employee, including increasing or decreasing the severity of the original action. As to nonreemployment, the board may reemploy or nonreemploy the employee for the subsequent fiscal year.
4. The decision of the Board of Education at the hearing shall be final and non-appealable.

2. Miscellaneous.

This policy shall be effective immediately upon adoption by the Board of Education and shall supersede all previous policies regarding the subject matter contained herein. The Board of Education reserves the right to modify or amend this policy from time to time in any manner consistent with applicable law.

Nothing contained in this policy shall prevent the Board of Education from acting on its own volition in matters pertaining to suspension, demotion, dismissal or nonrenewal of support employees.

A support employee may be suspended, demoted, terminated or nonreemployed for violation of any of the following Rules and Regulations. The list below is not inclusive.

1. Falsification of personnel or other records.
2. Unexcused failure to be at workstation at starting time.
3. Leaving workstation without authorization prior to lunch periods, or end of workday.
4. Excessive unexcused absenteeism.
5. Chronic absenteeism for any reason.
6. Chronic tardiness.
7. Wasting time or loitering during working hours.
8. Leaving work area during working hours, without permission, for any reason.
9. Possession of weapons on school premises or in school district vehicle or while on duty.
10. Removing district property or records from district without proper authority.
11. Willful abuse, misuse, defacement or destruction of district property, including tools, equipment, or other property of other employees.
12. Theft or misappropriation of property of employees, students or of the district.
13. Sabotage.
14. Distracting the attention of others.
15. Refusal to follow instructions of supervisor.
16. Refusal or failure to do work assignment.
17. Unauthorized operation of machines, tools or equipment.
18. Threatening, intimidating, coercing or interfering with employees or supervisors.
19. The making or publishing of false, vicious, or malicious statements concerning any employee, supervisor.
20. Creating a disturbance on school premises including but not limited to engaging in quarrelsome behavior and fighting.
21. Creating or contributing to unsanitary conditions.
22. Practical jokes injurious to other employees or school district property.
23. Possession, consumption, or reporting to work under the influence of alcoholic beverages (including wine), non-prescribed drugs, or controlled dangerous substances.
24. Disregard of known safety rules or common safety practices.
25. Unsafe operation of district owned motor-driven vehicles.
26. Operating machines or equipment without safety devices provided.
27. Gambling, lottery, or any other games of chance on district property.
28. Unauthorized distribution of literature, written or printed matter of any description on school district property.
29. Posting or removing notices, signs, or writing in any form on bulletin boards on district property at any time without specific authority of the administration.
30. Poor workmanship.
31. Immoral conduct or indecency including abusive and/or foul language.
32. Excessive personal calls during working hours, except for emergencies. This includes both incoming and outgoing calls.
33. Walking off job.
34. Clocking in or out on another employee’s time card or time sheet.
35. Smoking or other use of tobacco products on school property or in school vehicles.
36. Refusal of job transfer, if the transfer does not result in a demotion.
37. Abuse of "breaks" (rest periods) or meal period policies.
38. Insubordination of any kind.
39. Sexual harassment of an employee, a student or a third party such as a patron.
40. Failure to observe rules for proper timekeeping.
41. Misuse or abuse of any school district leave policy or guidelines.
42. When it is in the best interest of the school district, any support personnel may be suspended, demoted, terminated or nonreemployed.
43. Because of the difficulty of retaining support employees on a temporary basis over an extended period of time, a support employee shall be subject to termination or nonreemployment for physical inability to perform the essential job requirements if the employee is unable due to illness or accidental injury to return to work for his/her regularly schedule hours and to perform all of the essential duties of the position with or without reasonable accommodation.

Violation of any of the causes listed in the policy shall be sufficient grounds for the suspension, demotion, dismissal or nonrenewal of the support employee during the contract year. The foregoing list should not be considered to be inclusive.

The listed causes, which could lead to suspension, demotion, dismissal or non-renewal of employee, apply to all persons employed by the Broken Arrow Public Schools, whether full-time or part-time.

Absenteeism 9

Accident 8

Appearance, Personal 8

Authorized Leave without Pay 19

Benefits, Employee 14

Changes, Personnel records 11

Class status, Defined 3

Complaints, Procedure 11

Court Appearance 17

Definitions, Employment 2

Dress code 8

Due Process Hearing 24

Employee Identification Badges 10

Employee Leave Benefits 16

Employment 3

Ethics 10

Evaluation, Performance 12

Food Service Privileges 20

Fringe Benefits 14

Funeral Leave 17

Hearing, Employee Request 26

Holidays 14

Hours, Work Schedule 4

Identification Badge 10

Insurance Benefits 14

Integrity 10

Job Description 12

Jury Duty 17

Leave, All Types 16

Overtime 5

Part-Time/Partial Year Employees 3

Pay 6

Performance Evaluation 12

Personal Illness 16

Personal Telephone Calls 10

Personnel File 12

Physical Examination 4

Promotions 22

Promptness 9

Re-employment 13

Resignation 12

Resolution of Complaints 11

Retirement Benefits 16

Safety 8

Security 10

Service Awards 22

Sexual Harassment 22

Smoking 7

Social Security Card 4

Suspension 12, 24

Teacher Retirement System 16

Telephone Calls, Personal 10

Temporary Status 2

Ten Month Employees 3

Termination 12, 24

Timekeeping Procedures 5

Tobacco, Use of 7

Tools, Personally-owned 11

Transfers 7

Twelve Month Employees 3

Vacations 15

Voting 19

Workers’ Compensation 20

Working Hours 4