FILE: GBRA
EMPLOYEE CONDUCT
The Orleans Parish School Board believes the teaching profession occupies a position of public trust involving not only the individual teacher's personal conduct, but also the interaction of the school and the community. Education is most effective when these many relationships operate in a friendly, cooperative, and constructive manner. A teacher's conduct, as well as the conduct of all employees throughout the school district, should meet acceptable standards of the community and show respect for the law and the rights of others.
All employees, volunteers, student teachers, interns, and any other persons affiliated with the Orleans Parish School Board shall have the responsibility to be familiar with and abide by the laws of the state, the policies and decisions of the Orleans Parish School Board, and the administrative regulations and procedures designed to implement School Board policies. Employees shall also comply with the standards of conduct set out in this policy and with any other policies, regulations, procedures, or guidelines that impose duties, requirements, or standards of conduct attendant to their status as School Board employees.
Employees shall be expected to observe at least the following standards of conduct:
Be courteous to students, one another, and the public and conduct themselves in a professional and ethical manner.
Recognize and respect the rights and property of students, other employees, and the public.
Maintain confidentiality of all matters relating to students and other employees.
Demonstrate dependable attendance and punctuality with regard to assigned activities and work schedules.
Observe and adhere to all terms of an employee's contract or job description.
Strive to keep current and knowledgeable about the employee's area of responsibility.
Refrain from promoting personal attitudes and opinions for matters other than general discussion.
Refrain from using undue influence to gain, or attempt to gain, promotion, leave, favorable assignments, or other individual benefit or advantage.
Refrain from conducting or participating in any unauthorized studies, surveys, or investigations while on duty.
Advocate positive personal behavior on or off campus and attempt to avoid improprieties or the appearance of improprieties.
While the operation of the School Board and its schools is governed by the provisions of this and all other School Board policies, administrative regulations and procedures, as well as procedures of the individual schools, no policy manual can list each and every instance of misconduct that is precluded. Accordingly, employees are cautioned that the appropriateness of certain action or behavior must necessarily be dictated by the nature of the position held by the employee and standards of common sense. By virtue of one's education and experience, an employee knows and understands that certain actions or conducts are unacceptable even in the absence of formal School Board policy. For instance, without the need of a specific prohibition or warning, a classroom teacher should be aware of the impropriety of certain practices such as leaving students unattended, using profanity or sexually suggestive language, or bringing a firearm onto campus. Such conduct constitutes both incompetence and willful neglect of duty. Such conduct, as well as violation of any state or federal law or School Board policies, administrative regulations or procedures, or school regulations or procedures, shall result in the imposition of discipline up to and including termination.
RELATIONSHIPS WITH STUDENTS
The School Board shall prohibit any type of close personal relationship between a school employee and a student that may be reasonably perceived as unprofessional, such as excessive personal attention outside of school or dating. School Board employees shall not entertain students, socialize with students, or spend an excess time with students in such a manner as to reasonably create the impression to other students, their parents, or the public that an improper relationship exists.
Prohibited Sexual Conduct
Employees shall be prohibited from engaging in any form of sexual conduct with students. In particular, it is a violation of criminal statutes for any educator, which includes any administrator, coach, instructor, teacher, paraprofessional, teacher aide, or student aide, to engage in sexual conduct, as defined in La. Rev. Stat. Ann. §14:81.4 with a student who is seventeen (17) years of age or older, but less than twenty-one (21) years of age, where there is an age difference of greater than four (4) years between the two persons.
Notwithstanding any claim of privileged communication, any educator, having cause to believe that prohibited sexual conduct has occurred between another educator and a student, shall be required by state law to immediately report such conduct to a local or state law enforcement agency.
JOB INTERFERENCE
Employees shall be prohibited from knowingly aiding or engaging in any activity for the purpose of causing disruption or interference with the performance of his or her job duties or duties of other employees, or conduct that is otherwise detrimental to the efficient and orderly operation of the school system for which the employee is employed.
NOTIFICATION BY EMPLOYEES
Convictions
A teacher or any other School Board employee shall report to his/her immediate supervisor and to the Department of Human Resources any final conviction or plea of guilty or nolo contendere to any criminal offense, excluding traffic offenses within forty-eight (48) hours of conviction or plea.
Any incarcerated employee may authorize another person to act on that employee’s behalf in notifying or providing documents to that employee’s immediate supervisor and the Department of Human Resources.
Initiation of Criminal Prosecution
When a criminal prosecution is initiated in court against any employee by way of indictment, bill of information, or affidavit for committing any offense, other than a minor traffic violation, that employee shall provide his/her immediate supervisor and the Department of Human Resources each with a copy of the indictment, bill of information, or affidavit within five (5) calendar days of his/her arrest or service of summons. In lieu of such indictment, bill of information, or affidavit, the employee so charged may otherwise properly notify his or her supervisor and the Department of Human Resources of the particulars of the criminal prosecution.
Within five (5) calendar days of the scheduling of any court hearing or trial related to criminal prosecution, the affected employee shall give notice to the Department of Human Resources of the date and time of the pending hearing or trial.
Arrests for Certain Sexual Offenses
Any public school employee shall be required to report his/her arrest for a violation of La. Rev. Stat. Ann. §§14:42-14:43.5, 14:80-14:81.5, any other sexual offense affecting minors, any of the crimes listed in La. Rev. Stat. Ann. §15:587.1, or any justified complaint of child abuse or neglect on file with the Louisiana Department of Children and Family Services.
The report shall be submitted to the Department of Human Resources within twenty-four (24) hours of the arrest. However, if the employee is arrested on a Saturday, Sunday, or a legally declared school holiday such report shall be made prior to the employee next returning for his/her work assignment at a school. Such report shall be made by the employee or an agent of the employee regardless of whether he/she was performing an official duty or responsibility as an employee at the time of the offense. In addition, the employee shall report the disposition of any legal proceedings related to any such arrest, which shall also be made a part of any related files or records.
Any employee who fails to comply with these provisions shall be suspended with or without pay if such employee is serving a probationary term of employment or if the provisions of law relative to probation and tenure are not applicable to the employee.
Any employee employed with the School Board who is a tenured employee of the School Board shall be subject to removal under applicable state laws for failure to comply with these provisions. Written and signed charges alleging such failure shall be brought against the employee.
Unless criminal charges are instituted pursuant to an arrest which is required to be reported as provided above, all information, records, hearing materials, and final recommendations of the school pertaining to such reported arrest shall remain confidential and shall not be subject to a public records request.
School employee, as used in this policy, shall mean any employee of the School Board, including teachers, substitute teachers, janitors, or custodians, and shall include all temporary, part-time, and permanent school employees.
Ref: 41 USC 8103 (Drug-Free Workplace)
La. Rev. Stat. Ann. §§14:42, 14:42.1, 14:43, 14:43.1, 14:43.2, 14:43.3, 14:43.5, 14:80, 14:80.1, 14:81, 14:81.1, 14:81.1.1, 14:81.2, 14:81.3, 14:81.4, 14:81.5, 17:15, 17:16, 17:81
Sylvester v. Cancienne, 95-0789 (La. App. 1st Cir. 11/9/95), 664 So.2d 1259
Howard v. West Baton Rouge Parish School Board, 2000-3234 (La. 6/29/01), 793 So.2d 153
Spurlock v. East Feliciana Parish School Board, 03-1879 (La. App. 1st Cir. 6/25/04), 885 So.2d 1225
Orleans Parish School Board