part b: policies in this section follow the complete index in this document

Board Policy	Administrative Regulation
401.26 Golden Pass (Revised 1/10/05)	401.26A
401.27 Recognition for Service of Employees (Revised 11/24/03)
401.28 Employee Discount for Adult Education Courses (Deleted 10/8/01)
401.29 Expressions of Caring/Concern (Revised 1/10/05)
401.30 Agents or Salesmen (Revised 1/10/05)
401.31 Advertising in the Schools (Deleted 2/22/99)
401.32 Non-School Employment (Revised 1/10/05)
401.33 Use of Protective Equipment (Revised 9/19/05)
401.34 Public Office: Campaigning and Serving (Revised 1/10/05)
401.35 Complimentary Tickets (Deleted 1/10/05)	401.35A
401.36 Safety Policy (Revised 3/13/06)	401.36A
401.37 Safety Committee (Deleted 11/12/01)
401.38 Nepotism (Revised 09/19/05)
401.39 Dental/Vision Insurance (Revised 1/10/05)
401.40 Review of Personnel Records (Revised 2/12/07)
401.41 Communicable Diseases-Employees (Reviewed 12/10/07)	401.41A
401.42 Harassment: Personnel (Revised 02/23/04)	401.42A
401.43 Verification of Criminal Conviction Records (Reviewed 12/10/07)	401.43A
401.44 Employee Substance Abuse Policy (Revised 12/20/04)
401.45 Professional Development (Revised 8/11/03)
401.46 Student Abuse by Employees (Reviewed 12/10/07)	401.46A
401.47 Employee Substance Abuse Testing (See 401.44;401.48)  (Revised 11/22/04)	401.47A
401.48 Drug Free Workplace Policy (See 401.44 & 401.47) (Revised 11/22/04)
401.49 Violence in the Workplace (Revised 1/10/05)
401.50 Publication of Articles (Revised 1/10/05)
401.51 Organizations (Revised 1/10/05)

401.26

PERSONNEL--CHANGE

Golden Pass

A Golden Pass shall be given to all retirees and retired board members from the District. This pass shall permit the  retired board member, employee and spouse free entry to all school extra-curricular events.

An employee must have ten years of service with the system prior to retirement to qualify for the pass.

• Cross Reference:  Administrative Regulation 401.26A

• By action of the Board 10/11/76, 4/11/83, Reviewed 1/13/92; Revised 11/23/98; Revised 1/10/05

• Edited 1/05

401.27

PERSONNEL--GENERAL

Recognition for Service of Employees

The Board recognizes and appreciates the service of its employees. Employees who retire or resign may be honored by the Board, administration, and staff in an appropriate manner.

• By action of the Board 10/11/76, 1978, 4/11/83, 9/15/86; Reviewed 1/13/92;    Reviewed 1/26/98; Revised 11/24/03

• Edited 11/03

401.29

PERSONNEL--GENERAL

Expressions of Caring/Concern

The Board  is concerned about the welfare and health of its employees. Consequently, it authorizes the Superintendent and/or the Board Secretary to extend its concerns through symbols of caring (i.e., flowers, cards, books, etc.) to employees/retired employees or their families during times of personal crisis. Any item selected shall not generally exceed $35.00.

• By action of the Board 10/11/76, 4/11/83; Revised 11/13/95; Reviewed 11/23/98; Revised 1/10/05

• Edited 1/05

401.30

PERSONNEL--GENERAL

Agents or Salesmen

No agent, canvasser, advertiser, or other person shall, without permission of the Board and/or the Superintendent or superintendent designee, enter any school premises or use the District mail system for the purpose of soliciting contributions of money; selling tickets, merchandise, or other commodity; announcing in any manner any public entertainment to teachers or pupils; or for the purpose of securing the names or addresses of pupils.

• By action of the Board 10/11/76; Revised 4/11/83, Revised 1/13/92; Reviewed 11/23/98; Revised 1/10/05

• Edited 1/05

401.32

PERSONNEL--GENERAL

Non-School Employment

 If outside employment interferes with an employee's performance of duties, this may be cause for discipline or dismissal.

• By action of the Board 10/11/76, 4/11/83, Reviewed 1/13/92, 11/23/98; Revised 1/10/05

• Edited 1/05

401.33

PERSONNEL--GENERAL

Use of Protective Equipment

All employees of the District shall wear the proper clothing or use the proper protective equipment when specified by the District for safety purposes.

The administration will develop administrative regulations that will apply to the use of protective equipment for employees. Any procedures regarding violations or reprimands for probationary workers will be included in these procedures.

• By action of the Board 10/11/76; Revised 4/11/83, Reviewed 1/13/92, 11/23/98; Revised 09/19/05

• Edited 09/05

401.34

PERSONNEL--GENERAL

Public Office: Campaigning and Serving

A District employee may be a candidate for or serve in a political office during the school year, provided, in the judgment of the administration, such candidacy, campaigning, or service, does not interfere with assigned duties. If in the judgment of the administration, such campaigning or service for or in political office interferes with the normal duties, the District employee will be required to take a leave of absence without pay for that semester or year.

• By action of the Board 10/11/76, 4/11/83, Reviewed 1/13/92, 11/23/98; Revised 1/10/05

• Edited 1/05

401.35

PERSONNEL--GENERAL

Complimentary Tickets

                                                         (DELETED 1/10/05)

• By action of the Board 10/11/76; Revised 4/11/83, Reviewed 1/13/92; Revised 2/7/94; Reviewed 11/23/98; Deleted 1/10/05

• Edited 1/05

401.36

PERSONNEL--GENERAL

Safety Policy

The District shall provide the necessary active leadership and support in the development and maintenance of an adequate safety program for all employees, students, and patrons.

Building principals shall provide leadership in the following areas:

1. Develop and maintain a program to prevent human and economic losses from personal injury and property damage.

2. Develop and maintain a program to prevent or protect against losses from fire or explosion.

3. Develop and maintain a program to prepare staff personnel to care for victims of an accident or sudden illness until professional medical help arrives.

4. Develop and maintain a program to insure the security, protection, and well-being of students and staff and the property of our school district by the prevention and control of physical violence, misconduct, theft, or vandalism.

5. Develop and maintain a District safety manual that includes procedures and directions with regard to safety issues. The manual will be reviewed by the central administration and the Truancy Officer for any changes that need to be updated or drills added that are appropriate. The manuals will be available in each building for use by the administration in handling safety in the buildings.

Complete cooperation in this vital program is expected of everyone.

• Cross Reference:  Board Policy 504.03 Search and Seizure; 504.01 Discipline Policy; Administrative Regulation 401.36A

• By action of the Board 10/11/76, 4/11/83, Reviewed 1/13/92, 11/23/98; Revised 5/24/04; Revised 03/13/06

• Edited 03/06

401.37

PERSONNEL--GENERAL

Safety Committee         (Deleted 11/12/01)

• By action of the Board 10/11/76; Revised 4/11/83, Reviewed 3/11/91; Revised 2/7/94; Deleted 11/12/01

• Edited 7/97

401.38

PERSONNEL--GENERAL

Nepotism

More than one family member may be an employee of the District. In extraordinary circumstances, after consultation with the direct supervisor of those affected, the Superintendent may allow one individual to be supervised by another family member. The recommendation is subject to annual Board approval.

District employment by the Board of more than one individual in a family shall be made on the basis of the person's qualifications, credentials, and records.

NOTE: Previously called Hiring and Assignment of Family Members

• By action of the Board 10/11/76; Revised 4/11/83; Revised 12/10/90; Complete Revision with Title Change 1/22/96; Reviewed 11/23/98; Revised 09/19/05

• Edited 09/05

401.39

PERSONNEL--GENERAL

Dental/Vision Insurance

The Board  will provide dental/vision insurance coverage for employees as stipulated by their negotiated contract agreement or as approved by the Board.

• By action of the Board 2/79; Revised 8/80, 4/11/83, Reviewed 1/13/92, 11/23/98; Revised 1/10/05

• Edited 1/05

401.40

PERSONNEL

Review of Personnel Records

An employee of the District may review his/her personnel record unless review of that record is prohibited.

To review the personnel file an employee should make written request to the Director of Human Resources. Files must be reviewed in the Human Resources Office, and materials may not be removed from the file by the employee. copies may be made for the employee at a reasonable charge determined by the administration.

• Cross Reference: Board Policy #306.05 Public Examination of School District Records; Board Policy #401.06 Personnel Records

• By action of the Board 4/8/85, Reviewed 1/13/92, 11/23/98; Revised 2/12/07

• Edited 2/07

401.41

PERSONNEL--GENERAL

Communicable Diseases: Employees

Each instance of an employee with a communicable disease shall be considered on a case-by-case basis. The District's medical services provider in conjunction with the employee's personal physician and public health personnel, shall determine that the employee is free of transmissible infection and does not pose a risk to others in the course of performing duties. The Superintendent or superintendent's designee shall consider the recommendation of the District's medical services provider in making a final determination on the appropriate decision.

• Cross Reference:  Administrative Regulation 401.41A

• By action of the Board 9/15/86; Revised 10/14/96; Revised 8/12/02; Reviewed 12/10/07

• Edited 12/07

401.42

PERSONNEL--GENERAL

Harassment: Personnel

It is the policy of the District to maintain a learning and working environment that is free from harassment.

It shall be a violation of this policy for any employee of the District to harass another employee or student through conduct of a sexual nature or conduct designed to reduce the dignity of that individual with respect to race, color, creed, religion, national origin, gender, age, disability, marital status, sexual orientation, or any other form of harassment.

It is a violation of Policy No. 504.07 for students to harass employees through conduct of a sexual nature or conduct designed to reduce the dignity of that individual with respect to race, color, creed, religion, national origin, gender, age, disability, marital status, sexual orientation, or any other form of harassment.

Employees found in violation of this policy will be subject to discipline including, but not limited to, reprimand, probation, demotion, suspension, termination, or other sanctions determined appropriate by the supervisor, administration, and/or Board. Students harassing employees will be found in violation of this policy and are subject to discipline outlined in Policy #504.07.

Each school employee shall be responsible for promoting understanding and acceptance of, and assuring compliance with, state and federal laws and board policy and procedures governing harassment within the school setting.

Administrators and/or supervisors shall conduct annual training sessions on this policy and the prevention of sexual, and other forms of harassment for all employees..

This policy governs vendors or any others having business or other contact with District personnel or students.

Any employee who believes they have been the subject of sexual, or other forms of harassment should report the alleged act immediately (preferably within 48 hours after the alleged harassment occurs) to their immediate supervisor or the Director of Assessment, Equity, and Student Records Services. An investigation of the complaint will be undertaken immediately.

This policy applies while on school grounds, District property, or on property within the jurisdiction of the District; while on school-owned and/or school-operated buses, vehicles or chartered buses; while attending or engaged in school activities; and while away from school grounds if the harassment directly affects the good order, efficient management and welfare of the District.

Sexual harassment means unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

• submission to such conduct is made either explicitly or implicitly a term or condition of an employee's employment or of an employee's work assignment;
• submission to or rejection of such conduct by an employee is used as the basis for decisions affecting the employee; or
• such conduct has the purpose or effect of unreasonably interfering with an employee's performance or creating an intimidating or hostile work environment.

Sexual harassment may include, but is not limited to the following:

• verbal or written harassment or abuse;
• pressure for sexual activity;
• repeated remarks to a person with sexual or demeaning implications;
• unwelcome touching;
• suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one's job performance or assignment.

Harassment means conduct of a verbal or physical nature that is designed to embarrass, distress, agitate, disturb or trouble employees when:

• submission to such conduct is made either explicitly or implicitly a term or condition of an employee's employment or of an employee's work assignment;
• submission to or rejection of such conduct by an employee is used as the basis for decisions affecting the employee; or
• such conduct has the purpose or effect of unreasonably interfering with an employee's performance or creating an intimidating or hostile work environment.

Harassment may include, but is not limited to the following:

• verbal, physical or written harassment or abuse;
• repeated remarks of a demeaning nature;
• demeaning jokes, stories or activities directed at the employee.

Retaliation against an employee because the employee has filed a harassment complaint or assisted or participated in a harassment investigation or proceeding is also prohibited.  An employee who is found to have retaliated against another in violation of this policy will be subject to discipline up to and including suspension and termination.

• Legal References: Code of Iowa, Section 216.9; 19B.11;  Section 19B.12(3); Title IX of Education Amendments (1972); Title VII of Civil Rights Act of 1964; Title II of the Vocational Education Amendments of 1976; and Carl Perkins Vocational Act (1984)

• Cross Reference:  Administrative Regulation 401.42A; Board Policies 504.07 Harassment of Students; 504.01 Discipline Policy

• By action of the Board 5/11/87; Reviewed 1/13/92; Revised 11/8/93, 11/14/94; Revised 9/29/97; Revised 02/23/04

• Edited 02/04

401.43

PERSONNEL--GENERAL

Verification of Criminal Conviction Records

In the interest of safety and the security of students, employees, and the property of the District, it shall be the District's policy to require applicants who are provisionally selected for employment to provide a criminal conviction check from each and every jurisdiction in which they have resided in at least the last five years.

Conviction check information shall be reviewed and used to verify application form information involving criminal conviction records, if any, prior to selected individuals beginning employment.

Any cost for obtaining the "conviction check" shall be the responsibility of the school district.

• Cross Reference:  Administrative Regulation 401.43A

• By action of the Board 7/9/87; Reviewed 1/13/92; Revised 3/11/96; Revised 10/28/96; Reviewed 12/10/07 with further consideration in 2007-2008

• Edited 12/07

401.44

PERSONNEL

Employee Substance Abuse Policy

I. Definitions

For the purposes of this policy these terms are defined as follows:

A. Alcohol: Any beverage containing more than one-half of one percent of alcohol by volume including alcoholic liquor, wine, and beer.

B. Controlled Substance: A drug substance, or immediate precursor in schedules I through V, as found in Iowa Code 204.202 - 204.212.

C. Counterfeit Controlled Substance: A controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance.

D. "Reasonable Suspicion": Includes but is not limited to observable phenomena while at work, abnormal or erratic behavior while at work, a report of alcohol or drug use from a credible source or evidence that an employee caused an accident while at work.

E. Substance Abuse: The use of drugs or alcohol in violation of federal law or in violation of school policy.

F. Under the Influence: Can be measured by the employee's impaired job performance resulting from substance abuse or a positive urinalysis result.

G. "Drug Test": Any blood, urine, saliva, chemical, or skin tissue test conducted for the purpose of detecting the presence of a chemical substance including alcohol in an individual.

II. Drug and Alcohol Use or Possession

A. The use, possession, sale, transfer, purchase, or being under the influence of alcohol (se Definitions Section 1.F) or illegal controlled substances or other intoxicants by employees at any time on District premises, or while on District business, is absolutely prohibited, and the employee is subject to disciplinary action up to and including termination.

B. Drugs prescribed by a certified doctor for a specific individual may be possessed and used as long as the drug does not impair the individual or the individual's ability to perform the job safely.

C. Employees who report for duty or are on District property or are on District business while under the influence of any alcoholic beverage or illegally obtained drug, narcotic, or other illegal substance are subject to disciplinary action up to and including termination.

D.  Refusal to submit immediately to an alcohol or drug screening when requested by a supervisor or the Director/Associate Director of Human Resources Services may constitute insubordination and will be grounds for discipline up to and including termination.

III. Due Process

Disciplinary action taken against an employee for a violation of this policy shall be subject to Iowa law and procedures set forth in any applicable collective bargaining agreement. At the employee's request, representation in accordance with the applicable labor agreement may be in attendance. 

• Cross Reference: Policy 401.47 Employee Substance Abuse Testing Policy

• By action of the Board 3/14/88; Revised 6/14/93; Revised 10/4/99; Revised 12/20/04

• Edited 12/04

401.45

PERSONNEL

Professional Development

Professional development is a basic component in the continuing preparation of teachers, administrators, and other K-12 certificated and classified staff as they extend their professional or technical knowledge. The Board supports this commitment to the continued process of professional growth so that the skills and content background of all staff are consistent with the current best practices and translate into improved student learning in all areas.

As part of the budgeting process, the Board shall allocate sufficient funds to provide a reasonably comprehensive staff development program for all employees.

The Iowa Professional Development Model will be used as the structure for Davenport Community School's Staff Development Plan. It will provide a structure for staff development that is focused, collaborative, and that directly supports the Comprehensive School Improvement Process goals for student achievement.

Employees shall also be encouraged to attend professional meetings at the regional, state, and national levels and to belong to professional organizations.

• Legal References: Code of Iowa Chapter 294.A Educational Excellence Programs; Chapter 295 School Improvement Technology Programs; Iowa School Standards - Chapter 670-4.7

• By action of the Board 7/17/89; Revised 5/27/97; Revised 8/11/03

• Edited 8/03

401.46

PERSONNEL

Student Abuse By Employees

It is the policy of the District that school employees will not commit acts of physical or sexual abuse, including inappropriate and intentional sexual behavior, toward students. Any school employee who commits such acts is subject to disciplinary sanctions up to and including discharge.

It is the policy of the District to respond promptly to allegations of abuse of students by school employees by investigating or arranging for full investigation of any allegation, and to do so in a reasonably prudent manner. The processing of a complaint or allegation shall be handled confidentially to the maximum extent possible. All employees are required to assist in the investigation when requested, to provide information, and to maintain the confidentiality of the reporting and investigation process.

The Superintendent or superintendent's designee shall prescribe procedures and regulations in accordance with the rules adopted by the State Board of Education to carry out this policy. Complaint forms are available at each school and at the Administration Service Center. Additional information may be obtained by contacting the school or Administration Service Center.

LEVEL I AND II INVESTIGATORS

The District shall appoint a Level I Investigator and an alternate, and shall arrange for an experienced professional to serve as the Level II Investigator. The Level I Investigator and alternate shall be provided training in the conducting of an investigation at the expense of the District. The Level I Investigator and alternate appointments, and the Level II Investigators' list will be approved annually by the Board.

• Legal References: Chapter 102 School Rules of Iowa 1996; Code of Iowa: 19B.12 Sexual Harassment Prohibited

• Cross Reference:  Administrative Regulation 401.46A

• By action of the Board 6/11/90; Revised 5/27/97; Revised 12/09/02; Reviewed 12/10/07

• Edited 12/07

401.47

PERSONNEL

Employee Substance Abuse Testing

A. The District may require current and prospective employees to submit to a "drug test" when one of the following conditions exists:

1. The District has reasonable suspicion to believe that an employee's faculties are impaired on the job.

2. The employee is chosen as part of a system of random testing as required by state or federal law. Random testing may be done without further notice after employees have been initially notified of this possibility. 

3. The prospective employee is required to operate a DCSD vehicle or heavy equipment.

B.  PROCEDURES

1. The Supervisor, after notifying the employee about the test and reviewing the procedure with the employee, must make arrangements with the Metropolitan Lab or CADS to arrange for screening as soon as possible.

2. The Director or Supervisor must either accompany the employee to the screening site or see that transportation is provided and, after testing, see that the employee is taken home.  The employee will not be allowed to drive.

3. A test sample from the employee will be withdrawn and analyzed by a laboratory or testing facility that has been approved under rules adopted by the Department of Public Health.  Testing shall occur immediately before, during or immediately after a regular work shift.  All costs for the test will be borne by the District. 

4. 4. If a test is conducted and the results indicate that the employee is under the influence of alcohol or a controlled substance, or indicate the presence of alcohol or a controlled substance, a second test using an alternative method of analysis may be conducted. When possible and practical, the second test shall use a portion of the same test sample withdrawn from the employee for use in the first test. Costs for the second test will be borne by the employee. If the results of the second test do not confirm the results of the first test, the District will reimburse the employee for the costs associated with the second test.

5. If the results of a first test are positive, the District will notify the current employee by certified mail, return receipt requested.  If a test is confirmed positive for a prospective employee, the District will notify the prospective employee in writing of the confirmed positive results and provide the name and address of the medial review officer who made the report. An employee shall be accorded a reasonable opportunity to rebut or explain the results of a drug test.

C. The District prohibits the use of alcohol or illegal controlled substances during work hours and reserves the right to discipline employees up to and including discharge for the use of, or being under the influence of alcohol,  in possession of, or distributing  illegal controlled substances during work hours. For the purposes of this section, an employee is deemed to have used alcohol or be deemed under the influence of alcohol if the test confirms a level of .04 or higher.

D.  If an employee refused to submit to a drug test, the employee is subject to discipline, including discharge.

E. The District shall protect the confidentiality of the results of any drug test conducted on an employee. The results of the test may be recorded in the employee's personnel records. However, if an employee whose test indicated the employee was under the influence of alcohol or a controlled substance, or indicated the presence of a controlled substance, has undergone substance abuse evaluation, and when treatment is indicated under the substance abuse evaluation, has successfully completed treatment for substance abuse, the employee's personnel records shall be expunged of any reference to the test or its results when the employee leaves employment.

F. The District shall educate employees and prospective employees of the dangers of drug and alcohol use in the workplace by making available a resource file with the names of area drug and alcohol abuse programs and mental health providers, including the benefits and services of the District's Employee Assistance Program.

• Cross References: Policy 401.44 Employee Substance Abuse Policy,  Administrative Regulation 401.47A

• By action of the Board 3/14/88; Revised 6/14/93; Revised 10/4/99; Revised 11/22/04

• Edited 11/04

401.48

PERSONNEL

Drug Free Workplace Policy

A. As a condition of employment, the employee will notify the District in writing of any drug statute conviction for a violation occurring in the workplace no later than five calendar days after such conviction.

B. Within 30 calendar days of receiving notice under the preceding paragraph "A," the District shall take one of the following actions with respect to any employee who is so convicted:

1. Take appropriate disciplinary action against such employee, which may include termination.

2. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved by a federal, state, or local health, law enforcement, or other appropriate agency.

C. It is the intention of the District to comply fully with U. S. Department of Transportation regulations implementing the Omnibus Transportation Employee Testing Act of 1991 (including subsequent revisions or additions) and the laws of the State of Iowa as they may pertain to this area. Any employee covered by this act shall be subject to reasonable suspicion, post-accident, return-to-duty and follow-up alcohol and drug testing pursuant to procedures set out in this Federal law and federal regulations.

• By action of the Board 6/14/93; Revised 12/19/95; Revised 1/24/00; Revised 11/22/04

• Edited 11/04

401.49

PERSONNEL

Violence in the Workplace

The District is committed to providing a safe, professional work environment that is free of violence, either by employee against employee or by third parties against employees. Workplace violence includes, but is not limited to, the following when such conduct is committed on District property, at a school activity or event, or in connection with a school activity or event:

1. The offensive and/or unlawful touching by one person against another;

2. Threats or bodily harm to another;

3. The use of abusive language, threatening, or intimidating comments;

4. The possession of unauthorized firearms or weapons while on school district property;

5. Conduct detrimental to District personnel, which may cause undue disruption of work or endanger the safety of persons or property;

6. Stalking;

7. Causing or encouraging another to commit conduct as listed above.

Such conduct will be subject to disciplinary action, up to and including termination of employment. Employees who believe they have been subjected to violence in the workplace as defined in this policy should immediately terminate all contact and communication with the offending party and file a written complaint with the immediate supervisor or other appropriate administrator. Allegations of workplace violence shall be investigated and if substantiated, disciplinary action shall be taken. Initiating a complaint under this policy shall not cause any negative impact on complainants nor shall it affect their employment, compensation, or work assignments.

• Legal References: (Code of Iowa) §708.6, 708.11, 724.4

• By action of the Board 12/19/95; Reviewed 11/23/98; Revised 1/10/05

• Edited 1/05

401.50

PERSONNEL--GENERAL

Publication of Articles    

Employees should report to the Human Resources Office all articles published in professional magazines or papers. These articles are desired as a matter of record and also in order that proper recognition may be given to outstanding members of the staff.

• Former Policy 402.19

• By action of the Board 10/11/76, Revised 4/11/83, Reviewed 1/13/92; Revised 1/25/99; Revised 1/10/05

• Edited 1/05

401.51

PERSONNEL--GENERAL

Organizations

It shall be the policy of the District to encourage employees to belong and be active in professional and community organizations.

• Note Former Policy 402.21

• By action of the Board 10/11/76, Revised 4/11/83; Reviewed 1/13/92; Revised 1/25/99; Revised 1/10/05

• Edited 1/05