Employee Handbook

This Utah International Charter School Employee Handbook establishes policies, procedures, and working conditions that will be followed by all Utah International employees as a condition of their employment at the school. The Standards of Conduct describe the expected actions and behaviors of employees while conducting school business.

This Employee Handbook is not a contract of employment nor is it intended to create contractual obligations for the school of any kind.

Employment at Utah International is on an “at will” basis, which means that you, the employee, or Utah International, may terminate the employment relationship at any time, for any reason, with or without cause.

The policies and procedures outlined in this handbook will be applied at the discretion of Utah International. Utah International reserves the right to deviate from the policies, procedures, and working conditions described in this handbook. Furthermore, the school reserves the right to withdraw or change the policies, procedures, and working conditions described in this handbook at any time, for any reason, and without prior notice.

Utah International will make every effort to notify employees when an official change in policy or procedure has been made but employees are responsible for their own up-to-date knowledge about school policies, procedures, and working conditions.

Utah International values the talents and abilities of our employees and seeks to foster an open, cooperative, and dynamic environment in which employees and the school alike can thrive. Employees are encouraged to take problems to the next level of management if they are unable to resolve a situation with their direct supervisor. The last resort for internal grievances is the board of directors.

Utah International is an equal opportunity employer. Religion, age, gender, national origin, race, or color does not affect hiring, promotion, development opportunities, pay, or benefits. Utah International provides for fair treatment of employees based on merit. The school complies with all applicable federal, state, and local labor laws and statutes.

Please review the policies, procedures, and working conditions described in this handbook. You will be asked to affirm that you have read, understand, agree to abide by, and acknowledge your receipt of this employee handbook and employee Standards of Conduct.

-Angela Rowland, Director
Utah International Charter School
February, 2013

Employment At Will Policy

Utah International does not offer tenured or guaranteed employment. Either the school or the employee can terminate the employment relationship at any time, with or without cause, with or without notice.

This at-will employment relationship exists regardless of any other written statements or policies contained in this handbook or any other school documents or any verbal statement to the contrary.

Equal Employment Opportunity

It is the policy of Utah International to ensure equal employment opportunity without discrimination or harassment on the basis of race, color, national origin, religion, sex, age, disability or any other characteristic protected by law. Utah International complies with applicable state and local laws governing non-discrimination in employment.

Anti-Bullying, Anti-Harassment, and Non-Discrimination Policy

Utah International is committed to an environment in which all students, staff, and volunteers are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment and educational opportunities and prohibits discriminatory practices, including harassment, hazing, bullying, and any violence or threat of violence.

Definitions

Bullying: Aggressive behavior intended to cause distress and harm, exists in a relationship in which there is an imbalance of power, and is repeated over time. Bullying can include intentionally or knowingly committing an act that endangers the physical health or safety of a school employee or student, whether the act involves physical brutality, consumption of food or other substances, dangerous physical activity, or physically obstructing an employee or student’s freedom to move, that is done for the purpose of placing an employee or student in fear of physical harm or of harm to the employee or student’s property. Such conduct constitutes bullying regardless of whether the person against whom it is committed directs, consents, or acquiesces in the conduct.

Civil rights violation: Bullying, cyberbullying, harassment, or hazing that is targeted at a federally protected class.

Cyberbullying: Using the Internet, a cell phone, or another device to send or post text, video, or images with the intent or knowledge, or with reckless disregard for the possibility, that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether the person against whom it is committed directs, consents, acquiesces, or voluntarily accesses the electronic communication.

Federally protected class: Any group protected from discrimination under federal law. These groups include race, color, national origin, sex, disability, religion, gender, and sexual orientation. Policies against bullying, cyberbullying, harassment and hazing apply to all persons, but there are special reporting requirements for federally protected classes.

Harassment: Repeatedly communicating to another individual, in an objectively demeaning or disparaging manner, statements that contribute to a hostile learning or work environment for the individual. Sexual harassment involves unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess or sexual deficiencies; leering, catcalls or touching; insulting or obscene comments or gestures; display or circulation in the workplace (including electronically) of sexually suggestive objects or pictures; and other physical, verbal or visual conduct of a sexual nature. Sex-based harassment, that is, harassment not involving sexual activity or language (e.g., male manager yells only at female employees and not males) may also constitute discrimination if it is severe or pervasive and directed at employees because of their sex.

Hazing: An act of bullying that is done for the purpose of initiation or admission into, affiliation with, holding office in, or as a condition of membership or acceptance, or continued membership or acceptance, in any school or school-sponsored team, organization, program, or event, or if the person committing the act knows that the targeted person is a member of, or candidate for, membership with a school, school sponsored team, organization, program, or event to which the person committing the act belongs to or participates in. Such conduct constitutes hazing regardless of whether the person against whom it is committed directs, consents, or acquiesces in the conduct.

Retaliation: Any act of communication intended as retribution against a person for reporting bullying, cyberbullying, harassing, or hazing, or to improperly influence the investigation of, or the response to, a report of bullying or hazing.

Title IX/Section 504 monitoring officer: The the principal or head counselor at Utah International is assigned the responsibility to conduct investigations of incidents of bullying, cyberbullying, harassment, and hazing, and to monitor the school’s compliance with all the policies in this section, including but not limited to those mandated by Title IX of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act of 1973.

Prohibitions

No school employee, volunteer, or student may engage in bullying, harassing, hazing, or cyberbullying a school employee or student at any time or in any location.

No school employee, volunteer, or student may engage in violence or threat of violence against any employee, volunteer, or student at any time or in any location.

No school employee, volunteer, or student may engage in retaliation against a school employee, volunteer, student, investigator for, or witness of, an alleged incident of bullying, harassing, cyberbullying, hazing, or retaliation against a school employee, volunteer, or student.

No school employee, volunteer or student may knowingly make a false allegation of bullying, cyberbullying, harassment, hazing, or retaliation against a school employee, volunteer, or student.

Any bullying, harassing, or hazing that is found to be targeted at a federally protected class is further prohibited under federal anti-discrimination laws and is subject to compliance regulations from the Office for Civil Rights.

Reporting and Investigation

School employees and volunteers are required, and students are strongly encouraged, to report any incident or suspected incident of bullying, cyberbullying, harassment, or hazing to the principal or designated Title IX/ Section 504 monitoring officer. All complaints and reported incidents will be investigated promptly by the principal or the senior counselor.

Incidents that may constitute criminal activity will also reported promptly to law enforcement, and those that may constitute child abuse will be reported to Child Protective Services. Such reporting will be in addition to, not in place of, a thorough investigation and follow-up by school personnel. Incidents that may constitute civil rights violations will be reported promptly to the Office of Civil Rights.

After investigation, Utah International will take appropriate action to end the bullying, cyberbullying, harassment or hazing, to eliminate any hostile environment, to prevent recurrence, and to prevent retaliation for reporting.

Individuals accused or suspected of bullying, cyberbullying, harassment, and hazing will have a fair and timely opportunity to explain their actions before consequences are imposed, and procedures for ensuring due process will be followed.

Verified incidents of bullying, cyberbullying, harassment, or hazing will result in consequences for the perpetrator(s) which may include, but are not limited to, student suspension or removal from school-sponsored activity, student expulsion, employee suspension or termination for cause, or other appropriate consequences. Consequences will not be administered when an anonymous report is the only evidence that an incident occurred.

The principal or counselor will notify parents or guardians of students involved in verified incidents of bullying, cyberbullying, harassment, or hazing, and will keep a confidential record of this notification. Notification will by by telephone or in person, then by email or US mail only if the parent cannot be reached by phone. Attempts to notify will begin as soon as the incident is verified. If there is a risk of suicide, parents will be notified immediately, regardless of the status of the investigation.

Utah International will provide training to staff, volunteers and students in prevention and appropriate response to bullying, including overt aggression, relational aggression, sexual aggression, cyber-bullying, and civil rights violations at least every other school year.

Utah International will survey students annually to determine the prevalence of bullying and will take appropriate action to improve supervision and intervention in problem areas.

Americans with Disabilities Act Policy Statement

Utah International is committed to complying with all applicable provisions of the Americans with Disabilities Act (“ADA”). It is the school’s policy not to discriminate against any qualified employee or applicant with regard to any terms or conditions of employment because of such individual’s disability or perceived disability so long as the employee can perform the essential functions of the job. Consistent with this policy of nondiscrimination, the school will provide reasonable accommodations to a qualified individual with a disability, as defined by the ADA, who has made the school aware of his or her disability, provided that such accommodation does not constitute an undue hardship on the school.

Employees with a disability who believe they need a reasonable accommodation to perform the essential functions of their job should inform the school principal.

Procedure for Requesting an Accommodation

On receipt of an accommodation request, the principal will meet with the employee to discuss and identify the precise limitations resulting from the disability and the potential accommodation that the school might make to help overcome those limitations.

The school will determine the feasibility of the requested accommodation considering various factors, including, but not limited to the nature and cost of the accommodation, the availability of tax credits and deductions, outside funding, the school’s overall financial resources and organization, and the accommodation’s impact on the operation of the school, including its impact on the ability of other employees to perform their duties and on the school’s ability to conduct business.

The school will inform the employee of its decision on the accommodation request or on how to make the accommodation. If the accommodation request is denied, employees will be advised of his or her right to appeal the decision by submitting a written statement explaining the reasons for the request. If the request on appeal is denied, that decision is final.
The ADA does not require the school to make the best possible accommodation, to reallocate essential job functions, or to provide personal use items (i.e., eyeglasses, hearing aids, wheelchairs etc.).

An employee or job applicant who has questions regarding this policy or believes that he or she has been discriminated against based on a disability should notify the board of trustees. All such inquiries or complaints will be treated as confidential to the extent permissible by law.

Immigration Law Compliance

Utah International complies with the Immigration Reform and Control Act of 1986 and will use the federal E-Verify system as required by state law. Every new employee at the school is required to complete the Employment Eligibility Verification Form I-9 and show documents that prove identity and employment eligibility. If an employee leaves the school and is rehired, he or she must complete another Form I-9 if the previous I-9 with the school is more than three years old, or if the original I-9 is not accurate anymore, or if the school no longer has the original I-9.

Employees can direct questions or complaints about the immigration law to the principal without fear of punishment or retaliation.

Employee Classifications

Exempt

Teachers, counselors, administrators, supervisors, and other professional staff members paid an annual salary are exempt employees, not covered by the Fair Labor Standards Act. They do not receive overtime pay or compensatory time. They are expected to fulfill the requirements of their job regardless of hours. Teachers, counselors, and administrators are referred to as “faculty” and do not receive paid vacation time apart from school holidays. Expected days of work are outlined in each person’s employment agreement.

Non Exempt

These employees are paid an hourly wage and are covered by the Fair Labor Standards Act, including compensation for overtime work, either as overtime pay or compensatory time, when they work over 40 hours per week. The employee’s supervisor must approve overtime work.

EMPLOYEE CATEGORIES

Regular Full Time: Employees scheduled to work 30 or more hours per week are considered full time and are eligible for full benefits.

Regular Part Time: Employees scheduled to work fewer than 30 hours per week are considered part-time and are not eligible for benefits. They are eligible for vacation and sick leave on a pro-rated basis.

Temporary: Substitute teachers and substitute staff members will be paid an hourly rate and are not eligible for vacation, sick leave, or benefits.

PAID LEAVE (revised 8/14/18)

Vacation: Exempt and nonexempt employees working year-round are eligible for 2 weeks (80 hours for full-time employees) of paid vacation after completing 10 months of employment. Vacations must be scheduled ahead of time in consultation with the employee’s supervisor and must take the needs of the school into consideration. Vacation time may be carried forward for one year from the end of the first 10 month period, so that a maximum of 4 weeks may be taken in any given year.

Personal Leave:

Exempt employees and those scheduled to work 10 months per year are eligible for 2 paid personal leave days (16 hours for full-time employees) per school year, scheduled in consultation with the employee’s supervisor. Part-time exempt employees are eligible for personal leave on a prorated basis. Personal leave may be taken in hourly increments instead of whole days.

Personal leave may not be taken on the day before or after a school holiday, and no more than one per year can be taken on a Monday or Friday. If a classroom teacher is able to schedule an appointment during his or her prep or lunch period so that no class time, meeting time, or lunch duty time is missed, this time off need not count toward the 16 allowed hours of personal leave.

Personal days may not be carried over to the next year. Employees, except school administrators, can cash in the previous year’s unused personal time in August of the next school year, at a rate to be determined annually.

Sick Leave: Full time employees, whether exempt or nonexempt, are eligible for 10 paid sick days per year for their own illness or to care for an ill family member. Part-time employees are eligible at the same rate on a prorated basis. Supervisor may request medical verification for sick days after the first five.

Up to eight days of sick leave may be carried over to the next year, with no more than 20 sick days available in any year. Employees, except school administrators, can cash in up to 8 unused sick days that aren’t carried over, in August of the next school year, at a rate to be determined annually.

Bereavement Leave: Will be granted on a limited basis, as needed basis, negotiated with the supervisor, for a death in the employee’s immediate family. Bereavement leave is deducted from sick leave.

If an employee requires more leave than his or her accrued days, he or she can arrange with the supervisor to take unpaid leave.

Health Insurance: Full time employees, both full year and school-year, are eligible for the health insurance benefit after the first full month of employment. Employees working at least 30 hours per week are considered full time for this purpose. Utah International will pay the full monthly premium for the employee. The employee is responsible for family members’ premiums, which can be deducted from the employee’s paycheck before taxes. Insurance coverage will end at the end of the month in which an employee leaves his or her position, except in the case of teachers and others paid year-round for 10 months of work. If this employee completes the school year, his or her coverage extends through August 31.

Retirement Benefit: The school will contribute to a retirement plan on behalf of full-time employees beginning on their date of hire. Employees are 25% vested after one year, 50% after two years, 75% after three years, and 100% vested after four years of employment. See retirement plan documents for details.

COVID-19 VACCINATION REQUIREMENT

Staff and volunteers at Utah International must be fully vaccinated against COVID-19 within 45 days of beginning work, unless they have a medical condition verified by a medical doctor that makes this impossible. If boosters become available and are recommended by the CDC, staff and volunteers must obtain the booster in a timely fashion.

OUTSIDE EMPLOYMENT

Utah International employees may be employed elsewhere only as long as such employment does not interfere with the employee’s required hours of work, effective performance of required job duties, or the professional reputation of the school.

EMPLOYMENT OF RELATIVES

As a general policy, the employment, supervision and evaluation of relatives are discouraged at Utah International. The Board of Trustees recognizes that there may be circumstances where this situation is unavoidable and has adopted guidance policies.

Definitions

“Relative” means a father, mother, husband, wife, son, daughter, sister, brother, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.

“Appointee” means an employee whose salary, wages, pay, or compensation is paid from school funds.

“School officer” means a person who holds a position that is compensated by school funds; or who holds a position on the Utah International Board of Trustees.

Policy

No school officer may employ, appoint, vote for or recommend the appointment of a relative in or to any position of employment, when the appointee will be directly supervised by a relative, except as follows:

Appointee will be employed for a period of 12 weeks or less
Appointee is a volunteer
Appointee is the only person available, qualified, or eligible for the position
The board determines that the school officer is the only person available or best qualified to perform supervisory functions for the appointee

No school officer may directly supervise an appointee who is a relative, except as follows:

Relative was appointed or employed before the school officer assumed their position, if the relative’s appointment did not violate the provisions of this policy in effect at the time of their appointment
Appointee will be employed for a period of 12 weeks or less
Appointee is a volunteer
Appointee is the only person available, qualified, or eligible for the position
Utah International Board of Trustees determines that the public officer is the only person available or best qualified to perform supervisory functions for the appointee

No appointee may accept or retain employment if he or she is under the direct supervision of a relative, except as follows:

Relative was appointed or employed before the school officer assumed their position, if the relative’s appointment did not violate the provisions of this policy in effect at the time of their appointment
Appointee is the only person available, qualified, or eligible for the position
Appointee is employed for a period of 12 weeks or less
Appointee is a volunteer
Utah International Board of Trustees determines that the appointee’s relative is the only person available or best qualified to supervise the appointee

When a school officer supervises a relative as allowed above, the officer shall make a complete written disclosure of the relationship to the Utah International Board of Trustees and the school officer who exercises authority over a relative may not evaluate the relative’s job performance or recommend salary increases for the relative.

The Utah International Board of Trustees reserves the right to consider other employees within this policy based on personal relationships (friend, roommate, significant other, and etc.).

REFERENCE CHECKS

Only the principal or a supervisor authorized by the principal may provide employment references on behalf of Utah International. The principal will provide reference inquirers with the information required by GRAMA, and with additional information as appropriate and permitted or required by law. Any other employee asked to provide a written or verbal reference must not use school resources and must make it clear that he or she is acting as an individual and not as an agent of Utah International.

Military Leave

An employee who is a member of the United States Army, Navy, Air Force, Marines, Coast Guard, National Guard, Reserves or Public Health Service will be granted unpaid leave of absence for military service, training or related obligations in accordance with applicable law. At the conclusion of the leave, upon the satisfaction of certain conditions, an employee generally has a right to return to the same position he or she held prior to the leave or to a position with like seniority, status and pay that the employee is qualified to perform.

Continuation of Health Benefits

During a military leave of less than 31 days, an employee is entitled to continued group health plan coverage under the same conditions as if the employee had continued to work. For military leaves of more than 30 days, an employee may elect to continue his/her health coverage for up to 24 months of uniformed service, but may be required to pay all or part of the premium for the continuation coverage. [NOTE: Employees and/or dependents who elect to continue their coverage may not be required to pay more than 102% of the full premium for the coverage elected. The premium is to be calculated in the same manner as that required by COBRA.]

Requests for Leave for Active or Reserve Duty, Training, and Other Related Duties
Upon receipt of orders for active or reserve duty, an employee should notify his/her supervisor as soon as possible, submitting a copy of the military orders, unless he/she is unable to do so because of military necessity or it is otherwise impossible or unreasonable).

Employees will also be granted time off for military training (normally 14 days plus travel time) and other related obligations, such as for an examination to determine fitness to perform service. Employees should advise their supervisor of their training schedule related obligations as far in advance as possible.

Notice of Return from Military Leave

Upon return from military service, an employee must provide notice of or submit an application for reemployment in accordance with the following schedule: 1) An employee who served for less than 31 days or who reported for a fitness examination, must provide notice of reemployment at the beginning of the first full regular scheduled work period that starts at least eight hours after the employee has returned from the location of service.

2) An employee who served for more than 30 days, but less than 181 days, must submit an application for reemployment no later than 14 days after completing his/her period of service, or, if this deadline is impossible or unreasonable through no fault of the employee, then on the next calendar day when submission becomes possible.

3) An employee who served for more than 180 days must submit an application for reemployment no later than 90 days after the completion of the uniformed service.

4) An employee who has been hospitalized or is recovering from an injury or illness incurred or aggravated while serving must report to his or her supervisor (if the service was less than 31 days), or submit an application for reemployment (if the service was greater than 30 days), at the end of the necessary recovery period (but which may not exceed two years).

Required Documentation

An employee whose military service was for more than 30 days must provide documentation within two weeks of his/her return (unless such documentation does not yet exist or is not readily available) showing the following: (i) the application for reemployment is timely (i.e. submitted within the required time period); (ii) the period of service has not exceeded five years; and (iii) the employee received an honorable or general discharge.

Leave Under the Family and Medical Leave Act (“FMLA”)

Amended 1//8/19

As a school and a public entity, Utah International is subject to the requirements of the Family and Medical Leave Act (FMLA). These requirements are outlined below and can be reviewed in detail at this link: https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=d178a2522c85f1f401ed3f3740984fed&rgn=div5&view=text&node=29:3.1.1.3.54&idno=29#se29.3.825_1600

Employees are eligible for protections under FMLA when they have worked for UI for at least 12 months (consecutive or nonconsecutive) from the date of the start of FMLA leave and have performed at least 1250 hours of work for UI during the 12 months preceding the start of the FMLA leave.

Summary of FMLA purpose and requirements:

(a) The Family and Medical Leave Act of 1993, as amended, (FMLA or Act) allows eligible employees of a covered employer to take job-protected, unpaid leave, or to substitute appropriate paid leave if the employee has earned or accrued it, for up to a total of 12 workweeks in any 12 months (see §825.200(b)) because of the birth of a child and to care for the newborn child, because of the placement of a child with the employee for adoption or foster care, because the employee is needed to care for a family member (child, spouse, or parent) with a serious health condition, because the employee’s own serious health condition makes the employee unable to perform the functions of his or her job, or because of any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on active duty or call to covered active duty status (or has been notified of an impending call or order to covered active duty). In addition, eligible employees of a covered employer may take job-protected, unpaid leave, or substitute appropriate paid leave if the employee has earned or accrued it, for up to a total of 26 workweeks in a single 12-month period to care for a covered servicemember with a serious injury or illness. In certain cases, FMLA leave may be taken on an intermittent basis rather than all at once, or the employee may work a part-time schedule.

(b) An employee on FMLA leave is also entitled to have health benefits maintained while on leave as if the employee had continued to work instead of taking the leave. If an employee was paying all or part of the premium payments prior to leave, the employee would continue to pay his or her share during the leave period. The employer may recover its share only if the employee does not return to work for a reason other than the serious health condition of the employee or the employee’s covered family member, the serious injury or illness of a covered servicemember, or another reason beyond the employee’s control.

(c) An employee generally has a right to return to the same position or an equivalent position with equivalent pay, benefits, and working conditions at the conclusion of the leave. The taking of FMLA leave cannot result in the loss of any benefit that accrued prior to the start of the leave.

(d) The employer generally has a right to advance notice from the employee. In addition, the employer may require an employee to submit certification to substantiate that the leave is due to the serious health condition of the employee or the employee’s covered family member, due to the serious injury or illness of a covered servicemember, or because of a qualifying exigency. Failure to comply with these requirements may result in a delay in the start of FMLA leave. Pursuant to a uniformly applied policy, the employer may also require that an employee present a certification of fitness to return to work when the absence was caused by the employee’s serious health condition (see §§825.312 and 825.313). The employer may delay restoring the employee to employment without such certificate relating to the health condition which caused the employee’s absence.

WORKER’S COMPENSATION INSURANCE

All employees are covered by workers’ compensation insurance, which compensates an employee for lost time, medical expenses, and loss of life or dismemberment from an injury arising out of or in the course of work. Employees must report any accident or injury immediately to his or her supervisor and the principal.

Child Abuse Reporting

Employees and volunteers of Utah International must strictly adhere to the requirements of the Utah Child Abuse Reporting Law, which are as follows:

Any person who has reason to believe a child has been subjected to abuse or neglect to immediately notify the nearest Utah Division of Child and Family Services or law enforcement agency.

Any person who observes a child being subjected to conditions that would result in abuse or neglect to immediately notify the nearest Utah Division of Child and Family Services or law enforcement agency. Failure to obey this law constitutes a class “B” misdemeanor and is punishable by up to six months in jail and/or a $1,000 fine. Utah Code Ann. 62A-4a-411 (1994).

To make a report, call the statewide Child Abuse Hotline at 1 855- 323-3237, or the South Salt Lake Police Department at 801-840-4000 An employee who suspects and reports child abuse should also notify the principal or a Utah International counselor, but should not delay reporting in order to make this notification.

Note that the law does not require proof of child abuse, but only “reason to believe” abuse has occurred. Persons who report child abuse in good faith are immune from liability, and will not be identified by the Division of Family Services.

Adjudicated Students

The Utah International principal and head counselor are the designated recipients of information about students from law enforcement and juvenile court. Upon receiving this information the principal or head counselor will make a notation in a secure file other than the student’s permanent file, and will notify staff member who should know about the adjudication. A person receiving this information must disclose it only to persons having both a right and a need to know.

Gang Prevention and Intervention

Utah International staff members will report to the principal or head counselor any signs of gang activity, promotion, or involvement by students. The principal or head counselor will investigate and inform law enforcement, administer discipline, and inform parents or guardians as appropriate. In the event of a serious gang-related incident, the principal will notify parents or guardians of all Utah International students. Utah International staff will receive periodic training in gang prevention and intervention.

Medical Recommendations

Utah International staff will receive training in the requirements of state law 53G-9-203 and are subject to disciplinary action for intentional violations. Staff will not recommend or require that a student take psychotropic medications or receive a specific type of psychiatric or psychological treatment, though they may make observations or referrals to parents related to a child’s progress, health, social interactions or behavior.

Suicide Prevention

Teachers, counselors and administrators will participate in suicide prevention training at least every two years.
Staff will immediately refer any concern regarding suicide to a school counselor. In the absence of a counselor, staff should immediately refer student to the principal. Counselor or principal will meet with student to discuss safety.
If a student referred for suicidality states that he/she has not experienced suicidal thoughts at any point within the past month, and does not have a suicide plan, then counselor will contract for safety.
If a student reports having suicidal thoughts within the past month, without intent, then counselor will inform guardian and contract for safety with student. When the counselor informs guardian, the counselor will ask guardian if they would like to pick the student up from school or have the school release the student at the end of the day.
If a student reports suicidal thoughts and intent, counselor will inform guardian. Guardian will be required to pick up student from school, or release student into the care of another adult at the guardian’s request. If a guardian is unable or unwilling to pick up a student from school, or the school is unable to contact a guardian, then counselor will call the UNI Crisis Line at (801)587-3000. Counselors will follow the recommendations of the UNI Crisis Team.
If the UNI Crisis Team recommends that a student be hospitalized, the counselor may call Gold Cross Ambulance at (801)972-1211 or 911.
If a student reports suicidal thoughts and intent, the student will remain under adult line-of-sight supervision while in the Utah International building. Utah International cannot be responsible for how precautions are followed outside of school. If Utah International is unable to release a student into the care of a guardian or a guardian’s requested adult, counselor will call an ambulance or 911 at the end of the school day.
When guardians are contacted about possible suicidality, counselor will inform guardian that counselor is able to assist in providing a mental health referral. Counselor will also inform guardian that guardians should call 911 or take their student to the emergency room if they feel that they are unable to ensure the safety of their student.
A counselor may call 911 at any point.
In some situations (parent is home but has no transportation), a minimum of two school staff members may choose to transport a student to student’s home using a personal vehicle; however, it is never a requirement for staff to transport a student.
Counselors will inform school principal if parents are contacted regarding suicidality. Counselors will document meetings with students and communication with guardians regarding suicidality.

Employee Professional Conduct

General

Utah International employees, whether in or outside the classroom are role models for the students and should conduct themselves at all times as respectful, responsible adults and good citizens. Employee should guide their behavior by what is in the best interest of the students and the school. Employees must constantly maintain professional boundaries between themselves and the students.

Employees are expected to dress, speak, and behave appropriately for their assignments and with due respect for the seriousness of the educational endeavor and due regard for their position as role models for young people.

Employees are expected to know and comply with the Educator Standards Rules of the Utah State Office of Education (R277-515 of the Administrative Rules Consolidated, pp. 323-328, http://schools.utah.gov/law/Administrative-Rules.aspx).

Arrest

Employees are advised that an arrest for any reason or at any time or place may jeopardize the employee’s educator license and must be reported to the supervisor or principal within three days.

Attendance and Punctuality

Employees are expected at work on all scheduled work days and during all scheduled work hours and to report to work on time. An employee must notify his or her supervisor or the principal as far in advance as possible, but not later than one hour before his or her scheduled starting time if he or she expects to be late or absent. This policy applies for each day of absence. An employee who fails to contact his or her immediate supervisor or the school principal may be considered as having voluntarily resigned.

Complaints and Concerns

The school promotes an atmosphere whereby employees can talk freely with each other and with members of the administration. Employees are encouraged to openly and promptly discuss problems with their supervisor or the principal so that appropriate action may be taken. Employees who believe the principal has not handled their complaint or concern fairly may contact the chair or vice-chair of the Board of Trustees.

Drug and Alcohol Abuse

Manufacture, distribution, dispensation, possession, or use of any illegal drug, alcohol, or controlled substance while on Utah International’s premises or while on duty for the school is strictly prohibited. These activities constitute serious violations of the school rules, jeopardize the school and can create situations that are unsafe or that substantially interfere with job performance. Employees in violation of the policy are subject to appropriate disciplinary action, up to and including dismissal. The school reserves the right to require an employee to undergo a medical evaluation under appropriate circumstances.

Educator Licenses and Other Credentials

Employees of Utah International are responsible for obtaining and maintaining the credentials and licenses required for their positions. If employees are hired before completing required credentials, these must be completed within the period of time stated in the letter of hire. Employees who fail to meet the established deadline, who allow licenses or credentials to expire, or who violate the terms of their licenses and credentials are liable for termination.

Knowledge of School Safety Plan

Utah International employees must read and follow the school safety plan, participate fully in safety drills and trainings, and report safety or security risks promptly to their supervisor or the principal.

Medical Recommendations by School Personnel to Parents

Utah International staff may recommend but not require that parents seek psychiatric, psychological, or behavior health evaluation or treatment for their child. School staff may not require OR recommend to a parent or guardian that a child take or continue to take a psychotropic medication.

Restraint and Seclusionary Time Out

Physical restraint means preventing a person from freely moving his arms, legs, body or head.

Seclusionary time out means placing a student in a safe, enclosed area isolated from adults and peers, when the student is, or believes he will be, prevented from leaving the area.

Physical restraint may be used by Utah International staff only under the following conditions:

1. The student presents an immediate danger of harm to self or others, or of serious destruction of property.

1. The staff member uses the least amount of force necessary to prevent the threatened harm, for the least amount of time (usually less than one minute).

1. The restrain must end when the student is no longer an immediate danger to self or others or if the student is in severe distress.

1. The restraint must never restrict the student’s airway or normal means of communicating.

The restraint must never occur when the student is lying down, whether prone or supine.

Seclusionary time out may be used by Utah International staff only under the following conditions:

1. The time out is imposed only when a student presents an immediate danger of harm to self or others, and is used to calm the student, not as a punishment.

1. The door is not locked and the student is not physically prevented from leaving.

1. The time out ends when the danger has passed, but never lasts more than 30 minutes.

A staff member checks on the student every 5 minutes.

Immediately following any incident in which seclusionary time out or physical restraint is required, staff must notify the student’s guardian and school administration and complete a written report.

Utah International staff will not use mechanical restraint.

Utah International staff will not use chemical restraint except as prescribed by a licensed physician for the treatment of a student’s medical or psychiatric condition.

Utah International staff will be regularly trained in safe methods of intervening in fights and other dangerous incidents involving students.

Utah International will annually review Art X Sec 3; 53A-11-605 with staff.

Staff Code of Conduct Regarding Treatment of Students

Staff members shall act in a way that acknowledges and reflects their inherent positions of authority and influence over students.

Staff members shall recognize and maintain appropriate personal boundaries in teaching, supervising and interacting with students and shall avoid boundary violations, including behavior that could reasonably be considered grooming or lead to even an appearance of impropriety.

A staff member may not subject a student to any form of abuse including but not limited to physical abuse, verbal abuse, sexual abuse or mental abuse.

A staff member shall not touch a student in a way that makes a reasonably objective student feel uncomfortable.

A staff member shall not engage in any sexual conduct toward or sexual relations with a student, including but not limited to viewing with a student, or allowing a student to view, pornography or any other
sexually explicit or inappropriate images or content, whether video, audio, print, text, or other format, sexual battery, or sexual assault.

Staff member communications with students, whether verbal or electronic, shall be professional and avoid boundary violations.

A staff member shall not provide gifts, special favors, or preferential treatment to a student or group of students.

A staff member shall not discriminate against a student on the basis of sex, religion, national origin, gender identity, sexual orientation, or any other prohibited class.

Staff member use of electronic devices and social media to communicate with students
must comply with Utah International policy, be professional, pertain to school activities or classes, and comply with the Family Educational Rights and Privacy Act.

A staff member may not use or be under the influence of alcohol or illegal substances during work hours on school property or at school sponsored events while acting as a staff member. Additionally, a staff member may not use any form of tobacco or electronic cigarettes on school property or at school sponsored activities in an employment capacity.

A staff member shall cooperate in any investigation concerning allegations of actions, conduct, or communications that if proven, would violate this policy.

Conduct prohibited by this policy is considered a violation of this policy regardless of whether the student may have consented.

A staff member who has reason to believe there has been a violation of this policy shall immediately report such conduct to an appropriate supervisor or school administrator. If a staff member has reason to believe a school administrator has violated this policy, the staff member shall immediately report the conduct to the board of trustees.

In addition to the obligation to report suspected child abuse or neglect to law enforcement or the Division of Child and Family Services under Utah Code Ann. §62A-4a-403, a staff member who has reasonable cause to believe that a student may have been physically or sexually abused by a school staff member shall immediately report the belief and all other relevant information to the principal, who will immediately inform the board of trustees and, if the staff member suspected to have abused a student holds a professional educator license issued by the Utah State Board of Education, the principal shall immediately report that information to the Utah Professional Practices Advisory Commission. A person who makes a report under this subsection in good faith shall be immune from civil or criminal liability that might otherwise arise by reason of that report.

A staff member who has knowledge of suspected incidents of bullying shall immediately notify the principal in compliance with Utah International’s anti-bullying policy.

Failing to report suspected misconduct as required herein is a violation of this policy, the Utah Educator Standards, and in some instances, state law, and may result in disciplinary action.

Within 10 days of beginning employment with Utah International, a staff member shall receive training regarding this policy and shall acknowledge in writing having received training and understanding the policy. Staff members employed by Utah International at the time of initial adoption of this policy shall receive training regarding this policy prior to the first day of the 2019-2020 school year on which students will be in attendance and shall acknowledge in writing having received training and understanding the policy.

A staff member found in violation of this policy will be subject to disciplinary action.

Data Governance and Non-Disclosure Agreement

Employees, contractors, and volunteers with access or potential access to personally identifiable or confidential information about students or staff must read and sign the non-disclosure agreement, read and agree to the data governance policy, and receive data security and privacy fundamentals training annually.

E-mail and Voice Mail Policies

The e-mail and voice mail systems are the property of Utah International and are provided for use in conducting school business. All communications and information transmitted by, received from, or stored in these systems are the property of Utah InternationaL.

Employee’s personal use of Utah Internationals’ e-mail and voice mail systems must be limited to essential work-day functions and must comply with all of the following policies.

No Expectation of Privacy

Employees have no right of personal privacy in any matter stored in, created, received, or sent over the Utah International e-mail and voice mail systems. Utah International, in its discretion as owner of the systems, reserves and may exercise the right to monitor, access, retrieve, and delete any matter stored in, created, received, or sent over the e-mail or voice mail systems, for any reason and without the permission of any employee. Any password used by employees for the e-mail and voice mail systems must be revealed to the school, as accounts may need to be accessed by Utah International in an employee’s absence.

Employees should be aware that deletion of any e-mail or voice mail messages or files will not truly eliminate the messages from the system. All messages are stored on a central back-up system in the normal course of data management.

Even though Utah International has the right to retrieve any e-mail and voice mail messages, those messages should still be treated as confidential by other employees and accessed only by the intended recipient. Employees are not authorized to retrieve or read any e-mail or voice mail messages that are not sent to them. Any exception to this policy must receive the prior approval of the principal.

Courtesy and Professionalism in E-mail and Voice Mail Use

Employees are expected to check their school e-mail and voice mail accounts for new messages at least once per work day, and to reply to messages from students, parents, supervisors, and colleagues within one working day of their receipt.

Users should routinely delete outdated e-mail and voice mail messages to reduce maintenance costs.

Users should compose email and phone communications with no less care, judgment and responsibility than they would use for letters or internal memoranda written on Utah International letterhead. Employees are reminded to be courteous to other users of the system and always to conduct themselves in a professional manner. Because e-mail and voice mail records and computer files may be subject to discovery in litigation, Utah International employees are expected to avoid making statements in e-mail, voice mail, or computer files that would not reflect favorably on the employee or Utah International if disclosed in a litigation or otherwise.

Utah International’s policies against bullying and harassment apply fully to the e-mail and voice mail systems, and any violation of those policies is grounds for discipline up to and including termination. Therefore, no messages should be created, sent, or received if they contain intimidating, hostile, or offensive material concerning race, color, religion, sex, age, national origin, disability or any other classification protected by law.

The e-mail and voice mail systems may not be used to solicit for religious or political causes, commercial enterprises, outside organizations, or other non-job related solicitations.

The e-mail and voice mail systems shall not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary financial information, or similar materials without prior authorization from Utah International administration

E-mail and Telephone Communication With Students

In electronic communication with students, users must maintain professional boundaries by never sending a message to a student that the user would not readily share with other students, teachers, administrators, or the student’s parents. Employees and volunteers must ensure that all electronic communication with students is carried on through the school’s e-mail system, never through the employee, volunteer, or student’s private e-mail account.

Internet and Computer Use Policies

Use of the Internet via Utah International’s computer system constitutes consent by the user to all of the terms and conditions of this policy. Violations of this policy will be taken seriously and may result in disciplinary action, including possible termination, and civil and criminal liability.

No Expectation of Privacy

The computers, computer accounts, and Internet access given to Utah International employees are to assist them in performance of their jobs. Employees should not have an expectation of privacy in anything they view, create, store, send, or receive on the computer system. The computer system belongs to the Utah International and may only be used for school purposes.

The Utah International has the right, but not the duty, to monitor any and all of the aspects of its computer system, including, but not limited to, monitoring sites visited by employees on the Internet, monitoring chat groups and news groups, reviewing material downloaded or uploaded by users to the Internet, and reviewing e-mail sent and received by users.

Prohibited Internet and Computer Activities

Utah International may use software to block inappropriate Internet content, but blocking or filtering software cannot substitute for the user’s good judgment. The following uses of the Internet are prohibited at Utah International, whether or not they are blocked:

Viewing, downloading, storing, or producing material that is fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating, defamatory, or otherwise unlawful, inappropriate, offensive (including offensive material concerning sex, race, color, national origin, religion, age, disability, or other characteristic protected by law), or that violates Utah International’s equal employment opportunity policy and its policies against sexual or other harassment.

Games and entertainment software, except for legitimate educational use by Utah International teachers.

Illegal copying. Employees may not illegally copy material protected under copyright law or make that material available to others for copying. Employees may not agree to a license or download any material for which a registration fee is charged without first obtaining permission from the principal.

Accessing the Internet by modem. To ensure security and to avoid the spread of viruses, employees accessing the Internet through a computer attached to Utah International’s network must do so through an approved Internet firewall. Accessing the Internet directly by modem is strictly prohibited unless the computer you are using is not connected to the Utah International’s network.

Installing or downloading software. Software installation must be approved by the principal and handled by Utah International’s IT provider.

Storing audio, video, or picture files except for legitimate school purposes.

Personal Use of School Computers

An employee’s occasional use of Utah International’s computer facilities to type a term paper for an educational course or prepare an announcement for a charitable event is acceptable. The use of the system for such personal efforts must occur outside of business hours, and any files created are to be deleted at the end of the project. Also, because of the normal heavy load on the system, these outside projects will not receive priority over late evening operational requirements, system maintenance, or file back-up. Utah International may purge files on its computer at any time, without notice.

Using the computer facilities for other than educational or charitable activities, following the procedures described above, is not permitted.

Personal and School Use of Social Media

Utah International employees must be extremely cautious in their personal use of social media that may be accessible to students from within or outside of school. Employees who post inappropriate or excessively personal information or photographs that students can reasonably associate with the employee or the school are not serving as appropriate role models and as such may be in violation of professional licensing standards as well as school policies.

Employees should never “friend” students on their personal Facebook or other social media accounts, and should decline or ignore “friend” requests from students. Employees should set privacy settings on personal social media accounts at a level such that no student can view or access any material that will reflect poorly on the employee or the school.

Teachers, moderators, and coaches who wish to use social media to organize and communicate with student groups should inform the principal, create a separate group account, and connect it to Utah International’s Facebook page or website. All content on school-related social media sites and any other websites created by school employees or volunteers for school purposes must clearly indicate their official connection to Utah International, and must use high professional standards that reflect well on the school. All such sites must be open to all Utah International students, or, in the case of classroom sites, to all students enrolled in a particular course.

Employer Information and Property

Use of Utah International Equipment and Supplies

The Utah International provides supplies, equipment and materials necessary for employees to perform their jobs. These items are to be used solely for the Utah International’s purposes. Employees are expected to exercise care in the use of Utah International equipment and property and use such property only for authorized purposes. Loss, damages or theft of Utah International property should be reported at once. Negligence in the care and use of Utah International property may be considered grounds for discipline, up to and including termination.

Employees must not deliberately or negligently perform acts that waste school resources or unfairly monopolize resources to the exclusion of others. These acts include, but are not limited to, sending mass mailings or chain letters, spending excessive amounts of time on the Internet, playing games, engaging in online chat groups, printing multiple copies of documents, or otherwise creating unnecessary network traffic. Because audio, video and picture files require significant storage space, files of this or any other sort may not be downloaded unless they are school-related.

The Utah International’s equipment, such as telephone, postage, facsimile and copier machine, is intended to be used for business purposes. An employee may only use this equipment for non-business purposes in an emergency and only with the permission of his or her supervisor and with appropriate reimbursement of the school by the employee.

Upon termination of employment, the employee must return all Utah International property, uniforms, equipment, work product and documents in his or her possession or control.

Internal Investigations and Searches

Utah International may conduct internal investigations pertaining to security, auditing or work-related matters. Employees are required to cooperate fully with and assist in these investigations if requested to do so.

Work areas (i.e., desks, file cabinets, etc.) and personal belongings (i.e., brief cases, handbags, etc.) may be subject to a search with or without notice.

Termination

Every school employee has the status of “employee-at-will”, meaning that no one has a contractual right, express or implied, to remain in school’s employ. The school may terminate an employee’s employment, or an employee may terminate his/her employment, without cause, and with or without notice, at any time for any reason. No supervisor or other representative of the school has the authority to enter into any agreement for employment for any specified period of time, or to make any agreement contrary to the above.

Any employee whose conduct, actions or performance violates or conflicts with the school’s policies may be terminated immediately and without warning. Causes for immediate termination include, but are not limited to:

Violence or threats of violence against any person

Possession of a dangerous weapon on the premises

Conviction of a felony

Suspension or revocation of educator’s license

Willful violation of an established policy or rule

Falsification of Utah International records

Gross negligence

Dishonesty or breach of trust

Insubordination

Violation of the Anti-Harassment or Equal Employment Opportunity Policies

Theft or unauthorized use of property belonging to any co-worker, visitor, or student

Undue and unauthorized absence from duty during regularly scheduled work hours

Deliberate non-performance of work

Sleeping on duty

Excessive absenteeism or lateness.

Willful damage or destruction of any supplies, equipment or property of the school

Violation of the Alcohol or Drug Policy

Failure to meet the requirements of a written warning or corrective action plan

In the event of dismissal for misconduct, all benefits end at the end of the month. COBRA may not be available to anyone dismissed from the school for gross misconduct.

Discipline Other Than Immediate Termination

All employees are expected to meet the school’s standards of work performance. Work performance encompasses many factors, including attendance, punctuality, personal conduct, job proficiency and general compliance with Utah International’s policies and procedures and the employee’s job description.

If an employee does not meet these standards, the school may, under appropriate circumstances, take corrective action other than immediate termination.

The intent of corrective action is to formally document problems while providing the employee with a reasonable time within which to improve performance. The process is designed to encourage development by providing employees with guidance in areas that need improvement such as poor work performance, attendance problems, personal conduct, general compliance with Utah International’s policies and procedures and/or other disciplinary problems.

Employees under corrective action are not eligible for salary increases, promotions or transfers during the warning period.

Procedures for Resignation and Termination

Departing employees must return all property of Utah International, including keys, computers, and instructional materials, before their final paycheck can be issues. This paycheck will be mailed or auto-deposited during the next normal pay period and will reflect any unpaid obligations to Utah International.

In order to receive a disbursement of any amounts due from the Retirement Plan, the employee is required to complete and sign a distribution form and submit it to the principal.

Benefits (Life, Medical and Dental) end on the employee’s last day of employment. An employee, unless dismissed for gross misconduct, has the option to convert to individual life insurance, and/or to continue Medical/Dental Benefits in accordance with the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) regulations.

UTAH INTERNATIONAL CHARTER SCHOOL