4000 Personnel
Sexual Harassment in the Workplace
Policy # 4051
Amended: 1/11/1996
Supersedes / Amends: 4051 adopted 9/18/2001
It is the policy of the board of education that any form of sexual harassment is forbidden in the workplace, whether by supervisory or non-supervisory personnel, by individuals under contract, or volunteers subject to the control of the board. Sexual harassment is defined as unwelcome conduct of a sexual nature, whether verbal or physical, including, but not limited to, insulting or degrading sexual remarks, gestures, or conduct; threats or suggestions that an employee’s submission to or rejection of unwelcome conduct will in any way influence an employment decision regarding that employee, or conduct of a sexual nature which substantially interferes with an employee’s work performance, or creates an intimidating, hostile, or offensive work environment, such as the display in the workplace of sexually suggestive objects or pictures.
Sexual harassment in the workplace whether by supervisory or non-supervisory employees will result in disciplinary action up to and including dismissal.
It is the express policy of the board of education to encourage victims of sexual harassment to report such claims. Employees are encouraged to promptly report complaints of sexual harassment to the superintendent of schools. Complaints will be investigated promptly and corrective action will be taken when allegations are verified. Confidentiality will be maintained by all persons involved in the investigation and no reprisals or retaliation will be allowed to occur as a result of the good faith reporting of charges of sexual harassment.
LEGAL REFERENCE: Connecticut General Statutes
S46a-60(a)(8)
42 U.S.C. S2000e (“Title VII”)
29 C.F.R. S1604.11 (EEOC Guidelines of Sexual Harassment)
Board of Education Policy Regarding
Personnel/Affirmative Action – Recruitment and Selection
Policy # 4111.1
Revisions: Approved 3/20/2018
Amended: 8/8/2023
Supersedes / Amends: 2104 dated 5/8/90 and 4111 dated 6/14/94, 9/10/2002
See Also:
In compliance with regulations of Title VII of the Civil Rights Act 1964, Title IX of the Education Amendment of 1972 and Section 504 of the Rehabilitation Act of 1973, the Civil Rights Act of 1987 and the Americans with Disabilities Act, the Winchester Board of Education adopts the following Equal Employment Opportunity and Equal Education Opportunity Policies.
Equal Employment Opportunity
Both federal and state law prohibit discriminatory practices in hiring and employment. The Winchester Board of Education prohibits discriminatory acts in all district manners dealing with employees and applicants and requires equal employment opportunities for all employees and applicants. As an equal opportunity applicant, the Board of Education does not discriminate on the basis of race, color, religious creed, age, marital status, gender identity or expression, national origin, ancestry, sex, sexual orientation, past or present history of mental disorder, intellectual learning disability, learning disability, regarding any individual who can perform the essential functions of the job, with or without reasonable accommodations, physical disability (including blindness), or other disability except in a case of bona fide occupational qualification or need.
Equal Education Opportunity
Pursuant to IDEA, Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, no otherwise qualified individual with handicaps shall, solely by reason of such handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any programs of the board of education.
The Title IX Coordinator of the Winchester Board of Education shall monitor compliance of these policies. Further compliance with these policies is a responsibility of all district administrators.
If an employee feels that they have been discriminated against in regard to the preceding policy, a grievance may be filed with the Title IX Coordinator.
Legal Reference: Connecticut General Statutes
10-153 Discrimination on account of marital status
46a-60 Discriminatory Employment Practices Prohibited
Title VII, Civil Rights Act
Board of Education Policy Regarding:
Personnel-Certified/Non-Certified
Minority Recruitment
Policy # 4111.3(a)
New: 2/9/2021 Approved
Supersedes / Amends:
Personnel ‑ Certified/Non‑Certified
Minority Recruitment
The Board of Education (Board) believes that a skillful and diverse staff contributes significantly to high quality, engaging learning environments, predicated on a climate of inclusion. To this end the Board directs the Superintendent to enact a planning process for the recruitment of a diverse staff.
The Board recognizes the diversity of the people who live in this school district and believes that this diversity should have an important bearing on all aspects of the school system’s activities. It is especially important that this diversity of population be recognized in the recruitment, hiring, promotion, and assignment of personnel.
The Board, in accordance with C.G.S. 10-4a(3) and C.G.S. 10-220(a) will implement an affirmative action plan and a written plan for minority educator recruitment.
The Superintendent of Schools shall be responsible for developing specific recruiting procedures and appropriate interviewing and evaluation instruments to implement the Board’s policy. All such procedures and instruments shall comply with federal and state requirements.
Any Board employee who conducts interviews or selects professional or paraprofessional employees for any job in the School System will have read and had the Board of Education Affirmative Action Policy and Plan explained to them by the Superintendent of Schools or his/her designee.
The Board shall make appropriate efforts to encourage, recruit, employ, and promote qualified minorities especially where under-utilized in the District’s work force. Beginning with the school year commencing July 1, 2020 and each school year thereafter, the Board will utilize the strategies and resources made available to it by the State Department of Education’s Minority Teacher Recruitment Policy Oversight Council to assist in meeting Connecticut’s annual goal of hiring at least two hundred fifty new minority teachers and administrators, of which at least thirty percent are men.
Every level of supervision shall be held responsible for complying with this policy and plan.
P4111.3(b)
4211.3
Personnel ‑‑ Certified/Non‑Certified
Minority Recruitment (continued)
(cf. 4111 – Recruitment and Selection)
(cf. 4111.1/4211.12 – Affirmative Action: Equal Employment Opportunity)
Legal Reference: Connecticut General Statutes
10-4a (3) Educational interests of state identified.
10-151 Employment of teachers. Notice and hearing on termination of contract.
10-153 Discrimination on account of marital status.
10-220(a) Duties of Boards of Education. (as amended by PA 18-34)
46a-60 Discriminatory employment practices prohibited.
PA 16-41 An Act Concerning the Recommendations of the Minority Teacher Recruitment Task Force.
PA 18-34 An Act Concerning Minority Teacher Recruitment and Retention.
PA 19-74 An Act Concerning Minority Teacher Recruitment and Retention.
Board of Education Policy Regarding:
Personnel – Certified/Non-Certified - Appointment
Policy # 4112.1
New: 11/15/2022
Supersedes / Amends:
The Winchester Board of Education delegates the Superintendent the authority to hire certified (except administration) and supplementary positions. In the case of administrative or supervisory personnel, the Superintendent shall nominate a candidate to the Board.
The Superintendent also has the authority to hire support and substitute personnel. On a monthly basis at a minimum, the Superintendent shall notify the Board of those individuals who have been hired.
The Superintendent shall make it an object of paramount interest to secure competent teachers and other employees for the schools. For each vacancy, the Superintendent shall select the ablest and best qualified candidate available. The Superintendent shall ensure that all certified personnel to be employed meet state requirements for the position.
The Superintendent shall conduct an annual review of supplemental pay positions to determine their continued need.
The following guidelines shall be observed in hiring personnel:
1. Residence shall not be a factor.
2. No member of the immediate family of any member of the Board of Education shall be employed in any continuing capacity by the Board. This is not to be construed as requiring the resignation of any employee should a member of his/her immediate family be elected to the Board of Education.
3. Relatives of professional administrative or supervisory personnel shall not serve under the supervision of the administrator or supervisor to whom they are related. This is not to be construed as requiring the resignation of any person already in the employ of the Board of Education.
4. Temporary appointments of a relative as described in paragraphs 2) and 3) above may be made.
5. The "wage range" of the position for which an applicant is applying will be provided, upon the earliest of (a) the applicant's request, or (b) prior to or at the time the applicant is made an offer of compensation.
6. Employees will be provided with the wage ranges when their position with the District changes, or when they first request it.
The Board will not discriminate in the amount of compensation paid to any employee on the basis of sex/gender. Any pay difference between employees due to gender must be proven to be based upon a (1) seniority system; (2) merit system; (3) system that measures earnings by production quantity or quality; or (4) differential system based on a bona fide factor other than sex, such as education, training, experience, credentials, skill, and geographic location.
(cf. 4141 - Salary Guides)
Legal Reference: Connecticut General Statutes
10-151 Employment of teachers. Definitions. Notice and hearing on failure to renew or termination of contract. Appeal.
10-153 Discrimination on account of marital status.
10-155f Residency requirement prohibited.
31-40z Penalizing employees for discussion or disclosure of wage information prohibited. Enforcement. (as amended by P.A. 21-30)
31-75 Discrimination on the basis of sex. Prohibited practice. Employer demonstration. (as amended by P.A. 21-30)
46a-60 Discriminatory employment practices prohibited.
P.A. 21-30 An Act Concerning the Disclosure of Salary Range for a Vacant Position.
Title VII, Civil Rights Act as amended by Title IX, Equal Employment Opportunity.
Policy adopted:
Board of Education Policy Regarding
Personnel – Certified
Minimum Duty-Free Lunch Periods for Teachers
Policy # 4113.12
New: 04/18/2023
Supersedes / Amends:
Minimum Duty-Free Lunch Periods for Teachers
The Board of Education, in compliance with P.A. 22-80, shall provide a minimum 30-minute uninterrupted lunch period for teachers and other certified staff.
Legal Reference: Connecticut General Statutes
PA 22-80 An Act Concerning Childhood Mental and Physical Health Services in School.
Policy adopted:
WINCHESTER BOARD OF EDUCATION
WINCHESTER PUBLIC SCHOOLS
WINSTED, CONNECTICUT
Board of Education Policy Regarding:
Personnel – Certified Evaluation and Support Program
Policy # 4115.01(a)
Amended: 10/13/2020
Supersedes/Amends: 11/11/12, 12/10/13
Personnel - Certified
Evaluation and Support Program
Flexibilities for Implementing the CT Guidelines for Educator Evaluation 2017 for the
2020-2021 School Year
The Board of Education (Board) recognizes/acknowledges that the Connecticut State Department of Education (SDE) for the 2020-2021 school year only has provided one-time flexibility within the Guidelines for Educator Evaluation 2017 (Guidelines). The flexibilities reflect the importance of the social and emotional learning and well-being of students and educators during the 2020-2021 academic year, while maintaining meaningful feedback and substantive evaluation of educators and administrators.
The flexibilities for 2020-2021 are as follows:
Student Learning Indicators:
Districts may focus Student Learning components on social and emotional learning, student engagement and family engagement.
Teachers: A minimum of one goal with a minimum of two indicators or measures of accomplishment focused on social and emotional learning for students, student engagement, and/or family engagement. An academic goal may be considered with mutual agreement.
Administrators: A minimum of two indicators or measures of accomplishment focused on the reopening of schools, supporting well-being of staff and students, supporting remote and distance teaching and learning, mastery-based learning, ensuring equity for the most vulnerable students and their families, and/or health and safety of students, staff, and the school community.
The District may adjust the requirement for formal in-class observations as appropriate, if shorter, more frequent observations will take place. Written feedback from observations shall be based on current CSDE-approved rubrics, be formative in nature, and include recommendations for professional learning.
Teachers: a minimum of two and three informal observations based on years of experience and previous summative ratings. Teachers must complete a minimum of one review of practice.
Administrators: A minimum of two and three site visits based on years of professional experience and/or district and previous summative ratings. Administrators must complete a minimum of two artifact reviews.
4-Level Matrix Rating System
Summative ratings are waived for the 2020-2021 academic year. Evaluators, however, are expected to provide substantive feedback to educators. Educators shall also complete a self-assessment and evaluators shall complete a narrative summary of the educator’s performance.
Improvement and Remediation Plans
Evaluators who have concerns about an educator’s performance shall ensure it is appropriately communicated and documented, and development opportunities be provided, even without summative ratings. Communication between evaluators, educators, and the exclusive bargaining representative shall take place regarding the status of existing plans. Primary evaluators shall provide formative documentation when developing a plan in consultation with the educator and exclusive bargaining representative.
Amendment Requests
Should the District choose to adopt these flexibilities, it must be done through the mutual agreement process of the Professional Development and Evaluation Committee (PDEC) and the Superintendent. After reaching mutual agreement, the District may begin the implementation of the flexibilities. The District shall also notify the Bureau of Educator Effectiveness and Professional Learning by October 1, 2020 consistent with the EESP amendment process. If the District chooses not to utilize these flexibilities, it will assume its most recent CSDE-approved plan.
Guidance and resources to support the implementation of effective Student Learning Indicators and informal observation protocols for in-person, hybrid, and virtual learning environments will be provided be SDE to assist the district in adopting available flexibilities.
The document, “Flexibilities for Implementing the CT Guidelines for Educator Evaluation 2017 (Guidelines) for the 2020-2021 School Year” dated August 11, 2020, provides additional detail to the above. It is available on the SDE website.
(cf. 2400 - Evaluation of Administrators and Administration)
(cf. 4111/4211 - Recruitment and Selection)
(cf. 4115 – Evaluation and Support Program)
(cf. 4131 - Staff Development)
P4115.01(c)
Personnel - Certified
Evaluation and Support Program
Flexibilities for Implementing the CT Guidelines for Educator Evaluation 2017 for the
2020-2021 School Year
Legal Reference: Connecticut General Statutes
10-145b Teaching certificates.
10-151a Access of teacher to supervisory records and reports in personnel file.
10-151b Evaluation by superintendent of certain educational personnel. (amended by PA 04-137, P.A. 10-111, P.A. 12-116, PA 12-2 (June Special Session), PA 13-245, PA 15-5 (June Special Session) Flexibilities implemented by Commissioner Cardona via Aug, 11 ,2020 memorandum to Superintendents.
10-151c Records of teacher performance and evaluation not public records.
10-220a(b) In-service training. Professional development. Institutes for educators. Cooperative and beginning teacher programs, regulations.
Connecticut Guidelines for Educator Evaluation, adopted by the State Board of Education, June 27, 2012.
Connecticut’s System for Educator Evaluation and Development (SEED) state model evaluation system.
“Flexibility to Guidelines for Educator Evaluation” adopted by Connecticut State Board of Education, February 6, 2014
34 C.F.R. 200.55 Federal Regulations.
PL 114-95 – Every Student Succeeds Act §9213
Board of Education Policy Regarding:
Personnel / Non-Renewal / Suspension
Policy # 4117.4
Revisions: Approved 3/20/2018
Supersedes / Amends: 4117.4 Adopted 9/8/98 and Revised 03/14/2012
Non-Renewal
Prior to obtaining tenure, a certified employee’s contract may be non-renewed provided that the employee is notified in writing prior to May 1 by the Superintendent. A teacher so notified may request not later than three calendar days after such teacher receives such notice of non-renewal, a written statement of the reasons for non-renewal of the contract, and the district will furnish such a statement not later than four (4) school days of the receipt of the request. The teacher may also file with the Board of Education not later than (10) calendar days of receipt of the notice of non-renewal for a hearing before the Board or, if indicated in such request designated by the Board, before an impartial hearing panel or, if the parties agree, before a single impartial hearing officer. The hearing shall commence not later than fifteen (15) calendar days after receipt of such request unless an extension, not to exceed fifteen (15) days, is mutually agreed upon.
A teacher who has not attained tenure shall not be entitled to a hearing concerning non-renewal if the reason for such non-renewal is either elimination of position or loss of position to another teacher. The Board shall rescind a non-renewal decision only if the Board finds such decision to be arbitrary and capricious.
Suspension
A certified employee may be suspended by the Board of Education for an alleged or actual violation of any of the reasons for termination in C.G.S. 10-151(c) or 10-151(d) when insufficient cause for dismissal is considered to exist, or may be suspended pending Board or legal action for dismissal of the employee on charges of violation of one or more of said causes for termination. The Superintendent may suspend an employee pending Board action when, in the opinion of the Superintendent, continuation of the employee in the position presents a clear danger to the students, staff, property or reputation of the district, or to the employee
Legal Reference: Connecticut General Statutes
10-151(b) Employment of teachers. Definitions. Tenure, etc. (as amended by P.A, 12-116, An Act Concerning Educational Reform)
10-151(c) Employment of teachers. (as amended by P.A. 11-136, An Act Concerning Minor Revisions to the Education Statutes.)
Connecticut Guidelines for Educator Evaluation adopted by the State Board of Education, June 27, 2012.
Connecticut’s System for Educator Evaluation and Development (SEED) Shanbrom v. Orange Board of Education, 2 Conn. L. Rpts. 396, 398 (1990)
PA 95-58 An Act Concerning Teacher Evaluations, Tenure and Dismissal.
PA 97-247 An Act Concerning Revisions to the Education Statutes.
Shanbrom v. Orange Board of Education, 2 Conn. L. Rpts. 396, 398 (1990)
Board of Education Policy Regarding:
Personnel – Certified/Non-Certified
Nondiscrimination
Policy # 4118.11(a) 4218.11
Amended: 12/13/2022
Supersedes / Amends: 4118.11, 2/7/2012, 3/8/2022
In compliance with regulations of Title VII of the Civil Rights Act 1964, Title IX of the Education Amendments of 1972, as amended, and Section 504 of the Rehabilitation Act of 1973, the Civil Rights Act of 1987 and the American With Disabilities Act, the Winchester Board of Education adopts the following Equal Employment Opportunity and Equal Education Opportunity Policies.
Equal Employment Opportunity
Both federal and state law prohibits discriminatory practices in hiring and employment. The Board of Education prohibits discriminatory acts in all district matters dealing with employees and applicants for positions and requires equal employment opportunities for all employees and applicants. As an equal opportunity employer, the Winchester Board of Education does not discriminate on the basis of race, color, religious creed, age, marital status, national origin, ancestry, sex, sexual orientation, genetic information, gender identity or expression, disability including pregnancy, status as a victim of domestic violence, status as a Veteran, or any classification protected by state or federal law, regarding any individual who can perform the essential functions of the job with or without reasonable accommodations, physical disability (including blindness), or other disability (except in the case of a bona fide occupational qualification or need).
"Race" is inclusive of ethnic traits historically associated with race, including, but not limited to, hair texture and protective hairstyles. "Protective hairstyles" includes, but is not limited to, wigs, head wraps, and hairstyles such as individual braids, cornrows, locs, twists, Bantu knots, afros and afro puffs.
The District recognizes that it is a discriminatory practice to request or require, on an initial employment application, a prospective employee's age, date of birth, dates of attendance at or date of graduation from an educational institution on an initial employment application, unless requesting or requiring such information is based on a bona fide occupational qualification or need, or when such information is required to comply with any provision of state or federal law.
Legal Reference: Connecticut General Statutes
10-15c Discrimination in public schools prohibited. School attendance by five-year-olds (as amended by PA 21-2 §441.)
10-153 Discrimination on account of marital status.
46a-51 Definitions as amended by PA 17-127, PA 21-2, and PA 22-82)
46a-58 Deprivation of rights. Desecration of property. Placing of burning cross or noose on property. Penalty. (as amended by PA 17-127 and PA 22-82)
46a-60 Discriminatory employment practices prohibited. (as amended by PA 17-127, PA 21-69, and PA 22-82)
P.A. 11-55 An Act Concerning Discrimination
Federal Law
Title VII of the Civil Rights Act of 1964
Section 504 and the Federal Vocational Rehabilitation Act of 1973, 20 U.S.C. 706(7)(b).
American Disability Act of 1989, as amended by the ADA Amendments Act of 2008
Chalk v. The United States District Court of Central California.
Title IX of the Education Amendments of 1972.
Civil Rights Act of 1987.
Title IX Final Rule, May 6, 2020
The Vietnam's Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. §4212
Title II of the Genetic Information Nondiscrimination Act of 2008
4118.11 Form
4218.11
Discrimination Grievance Form
Any student, parent/guardian, employee, or employment applicant who feels that they have been discriminated against based on race, color, age, religion, national origin, ancestry, sex, sexual orientation, gender identity or expression, marital status, genetic information, status as a victim of domestic abuse, status as a Veteran, or mental or physical disability (including pregnancy), may discuss and/or file a grievance with either of the Civil Rights Coordinators of the Public Schools. Reporting should take place within 40 calendar days of the alleged discrimination. Civil Rights Coordinators: Seamus Cullinan
Name of Presenter/Complainant:__________________________________________________________________
Circle One: Employee Employment Applicant Student Parent/Guardian
Home address: ________________________________________________________________________
Telephone _____________________ Date of Claim__________________ Date of Incident_____________
1. Statement of Incident/Issue (include all pertinent information: who, how, where, when, how often, feelings, witness).
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2. Please attach any additional information/documentation as necessary.
Signature of Presenter: ________________________________________________________________________
Signature of Civil Rights Coordinator: ____________________________________________________________
Date Received
Forms are available from Civil Rights Coordinators, Administrators, and Guidance Offices.
Winchester BOARD OF EDUCATION
WINCHESTER PUBLIC SCHOOLS
WINSTED, CONNECTICUT
Board of Education Policy Regarding:
Personnel / Certified / Non-Certified Students
Sex Discrimination and Sexual Harassment in the Workplace
Policy # 4118.112(a)
Amended: 9/12/2023
Supersedes / Amends: New 12/8/2020
The Winchester Board of Education (Board) is committed to safeguarding the right of all employees within the school district to a work environment that is free from all forms of sexual discrimination or harassment. Therefore, the Board condemns and prohibits all unwelcome behavior of a sexual nature which is either designed to extort sexual favors from an employee as a term or condition of employment, or which has the purpose or effect of creating an intimidating, hostile, or offensive working environment unreasonably interfering with the employee’s work performance or adversely affecting the employee’s employment opportunities. The Board also strongly opposes any retaliatory behavior against complainants or any witnesses.
Definitions
Sex discrimination is defined as when an employer refuses to hire, discipline, or discharge any individual or otherwise discriminates against an individual with respect to their compensation, terms, conditions, or privileges of employment on the basis of the individual’s sex. Sex discrimination is also defined as when a person, because of their sex, is denied participation in, or the benefits of, a program that receives federal financial assistance.
Sexual harassment, a form of sex discrimination, means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.
Employee means all personnel hired by the Board of Education.
Although not an exhaustive list, the following are examples of the type of conduct prohibited by the policy against sexual harassment:
1. Unwelcome sexual advances from a co-worker or supervisor, such as unwanted hugs, touches, or kisses;
2. Unwelcome attention of a sexual nature, such as degrading, suggestive, or lewd remarks or noises;
3. Dirty jokes, derogatory or pornographic posters, cartoons, or drawings;
4. The threat or suggestion that continued employment advancement, assignment or earnings depend on whether or not the employee will submit to or tolerate harassment;
5. Circulating, showing, or exchanging emails, text messages, digital images or websites of a sexual nature;
6. Using computer systems, including email, instant messaging, text messaging, blogging or the use of social networking websites, or other forms of electronic communications, to engage in any conduct prohibited by this policy.
Harassment
Any infraction of this policy by supervisors or co-workers should be reported immediately to the Title IX Coordinator, the Superintendent, or designee so that appropriate corrective action may be taken at once. In the absence of a victim’s complaint, the Board, upon learning of, or having reason to suspect, the occurrence of any sexual misconduct, will ensure that an investigation is promptly commenced by appropriate individuals.
Retaliation against any employee for complaining about sex discrimination or sexual harassment is prohibited under this policy and illegal under state and federal law. Violations of this policy will not be permitted and may result in discipline up to and including discharge from employment. Individuals who engage in acts of sex discrimination or sexual harassment may also be subject to civil and criminal penalties.
Notification Requirements
The Board shall, in each school, post in a prominent and accessible location information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment.
In addition, the Board shall provide, not later than three months after an employee’s start date with the District, a copy of the information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment to each employee by electronic mail with a subject line that includes the words “Sexual Harassment Policy” or similar, if the District has provided an e-mail account to the employee, or if the employee has provided the District with an e-mail address. The Board will also post the information on the District’s website. (Note: The Board can also fulfill this requirement by providing a link to its employees by e-mail, text message or in writing, of the information posted by The Connecticut Commission on Human Rights and Opportunities (CHRO) on its website.) (Also refer to Policy 4000.1/5145.44 federal Title IX notification requirements.)
Training Requirements
All District employees shall be provided two hours of training and education within one year of October 1, 2019, unless such training was previously provided to any such employee after October 1, 2018. Such training and education shall also take place not later than six months after the date of a new employee’s hire. (Note: The use of the free, online training and education video or other interactive method developed by CHRO fulfills the statutory requirement.)
In addition to the required training listed above, the Board shall also provide supplementary training at least every ten (10) years on the content of the training and education.
P4118.112(c)
4218.112
Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Training Requirements (continued)
NOTE: Title IX contains specific training requirements for individuals serving as investigators or “decision-makers.”
The Board acknowledges that it is subject to a financial penalty if it fails to provide the training and education as required. In addition, such inaction to provide the training is considered, under P.A. 19-16, as a discriminatory practice.
The Superintendent of Schools is directed to develop and implement specific procedures on reporting, investigating and remedying allegations of sexual discrimination and/or sexual harassment.
A copy of this policy and its accompanying regulation are to be distributed to all personnel and posted in appropriate places.
(cf. 4000.1/5145.44 – Title IX)
Legal References: United States Constitution, Article XIV
Civil Rights Act of 1964, Title VII, 42 U.S.C. S2000-e2(a).
Equal Employment Opportunity Commission Policy Guidance (N-915.035) on Current Issues of Sexual Harassment, Effective 10/15/88.
Title IX of the Education Amendments of 1972, 20 USCS §1681, et seq.
Title IX of the Education Amendments of 1972, 34 CFR §106, et seq.
Title IX Final Rule, May 6, 2020
Mentor Savings Bank, FSB v. Vinson 477 US.57 (1986)
Faragher v. City of Boca Raton, No. 97-282 (U.S. Supreme Court, June 26,1998)
Burlington Industries, Inc. v. Ellerth, No. 97-569, (U.S. Supreme Court, June 26,1998)
Gebbser v. Lago Vista Indiana School District, No. 99-1866, (U.S. Supreme Court, June 26,1998)
Connecticut General Statutes
46a-60 Discriminatory employment practices prohibited.
Conn. Agencies Regs. §46a-54-200 through §46a-54-207
Constitution of the State of Connecticut, Article I, Section 20.
P.A. 19-16 An Act Combatting Sexual Assault and Sexual Harassment
R4118.112(a)
4218.112
Personnel -- Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
The following procedures shall be followed pursuant to the Board of Education policy prohibiting sex discrimination and sexual harassment in the workplace.
Definitions
Sex discrimination is defined as when an employer refuses to hire, disciplines or discharges any individual, or otherwise discriminates against an individual with respect to their compensation, terms, conditions, or privileges of employment on the basis of the individual’s sex. Sex discrimination is also defined as when a person, because of their sex, is denied participation in, or the benefits of, a program that receives federal financial assistance.
Sexual harassment, a form of sex discrimination, means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.
Employee means all personnel hired by the Board of Education.
Immediate supervisor means the person to whom the employee is directly responsible. (e.g., Department Head, Building Principal)
Policy Awareness
A. Each school shall post in a prominent and accessible location information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment.
B. Each employee shall be provided, not later than three months after the employee’s start date with the District, a copy of the information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment to each employee by electronic mail with a subject line that includes the words “Sexual Harassment Policy” or similar, if the District has provided an e-mail account to the employee, or if the employee has provided the District with an e-mail address.
C. The Board will also post the information on the District’s website. (Note: The Board can also fulfill this requirement by providing a link to its employees by e-mail, text message or in writing, of the information posted by The Connecticut Commission on Human Rights and Opportunities (CHRO) on its website.)
R4118.112(b)
4218.112
Personnel -- Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Policy Awareness (continued)
D. The Board of Education policy, “Sex Discrimination and Sexual Harassment in the Workplace” shall be distributed to all employees annually at the start of the school year by each building Principal. Principals shall provide written assurance to the Superintendent that such policy and implementing procedures have been distributed and explained to staff.
E. In addition to the above, items A through D, training shall be provided for those individuals serving as Title IX Coordinators, investigators of Title IX claims and decision makers of Title IX claims. (Such training requirements contained in Policy 4000.1, Title IX)
Staff Training
A. Staff training in the prevention of sexual discrimination and sexual harassment in the work place shall be conducted annually as part of the District’s continuing staff development program.
B. All District employees shall be provided two hours of training and education within one year of October 1, 2019, as required by P.A. 19-16, unless such training was previously provided to any such employee after October 1, 2018.
C. Training and education shall also take place not later than six months after the date of a new employee’s hire.
D. Supplementary training shall also be provided to all staff every ten years on the content of the training and education.
Note: The use of the free, online training and education video or other interactive method developed by CHRO fulfills the above statutory requirements.
Procedures
A. The Superintendent of Schools will appoint a District Title IX Coordinator and announce the identity of this person annually at the beginning of the school year.
B. Employees who believe they have been subjected to sexual harassment or sexual discrimination are to report the incident promptly to the Title IX Coordinator [and to their immediate supervisor]. Should the Title IX Coordinator be the subject of the complaint, the complaint shall be made to the Superintendent, who shall investigate or appoint a designee to do so. Incidents of sexual harassment may be reported informally or through the filing of a formal complaint.
C. All reports of sexual harassment will be held in confidence subject to all state and federal applicable laws.
R4118.112(c)
4218.112
Personnel -- Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Procedures (continued)
D. Consistent with federal and state law, the following procedures shall be employed in handling any report, investigation and remedial action concerning allegations of sex discrimination or sexual harassment.
Informal Complaints
Employees who believe they have been subjected to sex discrimination or sexual harassment may request that an informal meeting be held between themselves and the appropriate supervisor. The purpose of such a meeting will be to discuss the allegations and remedial steps available. The supervisor will then promptly discuss the complaint with the alleged perpetrator. Should the harasser admit the allegations, the supervisor is to obtain a written assurance that the unwelcome behavior will stop. Depending on the severity of the charges, the supervisor may recommend that further disciplinary action be taken. Thereafter, the written report of the incident is to be prepared and the complainant informed of the resolution. The complainant is to indicate on report whether or not they are satisfied with the resolution.
If the complainant is satisfied with the resolution, the incident will be deemed closed. However, the complaint may be reopened for investigation if a recurrence of sexual discrimination or harassment is reported. The supervisor is to inform the complainant to report any recurrence of the harassment or any retaliatory action that might occur.
If during the informal attempt to resolve the complaint, the alleged harasser admits the allegations but refuses to give assurance that they will refrain from the unwelcome behavior, the supervisor is to file a report with the Title IX Coordinator. The report is to indicate the nature of the complaint, a description of what occurred when the supervisor informed the alleged harasser of the allegations against them, the harasser’s response to the allegations, and a recommendation that stronger corrective measures be taken. This report should be accompanied by a formal complaint.
Should the alleged harasser deny the allegations, the supervisor is to inform the complainant of the denial and state that a formal written complaint will be required for further formal investigation. The supervisor will file a report with the Title IX Coordinator on what has transpired to date. If the complainant submits a formal complaint, a copy of it should accompany the supervisor’s report with a recommendation for further action.
R4118.112(d)
4218.112
Personnel -- Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Formal Complaints
Formal complaints may be submitted either to initially report any incidence of sexual discrimination or harassment, or as a follow-up to an unsatisfactory resolution of an informal attempt to resolve a complaint. The formal written complaint will consist of any appropriate forms and a copy of any applicable supervisor reports. The appropriate forms solicit the specifics of the complaint, e.g., date and place of incident, description of sexual misconduct, names of any witnesses, and any previous action taken to resolve the matter.
Any employee who believes that they have been discriminated against or sexually harassed in the workplace in violation of this policy may also file a complaint with the Hartford Region Office of the Connecticut Commission on Human Rights and Opportunities, 450 Columbus Blvd Hartford, CT 06103. 860-541-3400 (Your regional CHRO office can be found by accessing https://www.ct.gov/chro/cwp/view.asp?a=2523&Q=315790) and/or the Equal Employment Opportunity Commission, Boston Area Office, 475 Government Center, Boston, MA 02203 (Telephone Number 617-565-3200). Connecticut law requires that a formal written complaint be filed with the Commission on Human Rights and Opportunities within 180 days of the date when the alleged discrimination/harassment occurred. Remedies for sex discrimination and sexual harassment include cease and desist orders, back pay, compensatory damages, hiring, promotion, or reinstatement.
Investigating a Complaint
Complaints will be investigated promptly. The District’s Grievance/Investigative Process pertaining to Policy 4000.1, Title IX, shall be utilized. Corrective action will be taken when allegations are verified. Confidentiality will be maintained by all persons involved in the investigation to the extent possible and reprisals or retaliation that occur as a result of the good faith reporting of charges of sex discrimination or sexual harassment will result in disciplinary action against the retaliator.
Remedial Action
If the investigation reveals that sexual discrimination or harassment has occurred, appropriate sanctions will be imposed in a manner consistent with any applicable law. Depending on the gravity of the misconduct, these may range from a reprimand up to and including dismissal from employment.
Anyone subjecting complainants or witnesses to any form of retaliation will also be subject to disciplinary action in the manner prescribed by law.
R4118.112(e)
4218.112
Personnel -- Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Remedial Action (continued)
If the investigation reveals that no sexual harassment has occurred, or if the complainant is not satisfied with the remedial action taken after a finding of sexual harassment, the complainant may appeal to the Superintendent or the Board of Education. The appeal must include a copy of the original complaint, all relevant reports, the specific action being appealed, and an explanation of why the complainant is appealing.
Post Remedial Action
Following a finding of sexual discrimination or harassment, victims will be periodically interviewed by the appropriate supervisory personnel to ensure that the harassment has not resumed and that no retaliatory action has occurred. These follow-up interviews will continue for an appropriate period of time. A report will be made of any victim's response.
Title IX Coordinator
The Title IX Coordinator for the Winchester Board of Education is the Director of Student Services.
Complaint Records
Complainants should receive a copy of any resolution reports filed by the supervisor concerning their complaint. Copies should also be filed with the employment records of both the complainant and the alleged harasser.
Investigation in the Absence of a Complaint
The Board, in the absence of a victim's complaint, must ensure that an investigation is commenced by the appropriate individuals, upon learning of, or having reason to suspect, the occurrence of any sexual misconduct.
Role of the District Title IX Coordinator
The District Title IX Coordinator shall immediately institute an inquiry into allegations which shall include, but not limited, to:
1. Advising the Superintendent of Schools that a complaint of alleged sexual harassment has been filed.
R4118.112(f)
4218.112
Personnel -- Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Role of the District Title IX Coordinator (continued)
2. Interviewing the complaining adult or student in a confidential setting and notifying such individual(s) of the grievance/investigatory process which will be utilized. In the case of a student, the parent/guardian shall be notified (unless the parent/guardian is the subject of the allegations) and invited to be present for the interview.
a. All parties named as perpetrators of and witnesses to the alleged sexual harassment will be interviewed by the Title IX trained individual serving as the investigator.
b. The Trained Title IX individual serving as the decision-maker in the formal complaint process shall file a report of findings with the Superintendent of Schools. If the findings result in reasonable cause to suspect or believe that any child under the age of eighteen has been abused, the District Title IX Compliance Officer shall also file a report with the State of Connecticut Commissioner of Children and Youth Services. Nothing contained herein shall abrogate the reporting requirements of school personnel pursuant to Connecticut General Statute 17a-101 in cases of suspected child abuse.
Legal References: United States Constitution, Article XIV
Civil Rights Act of 1964, Title VII, 42 U.S.C. S2000-e2 (a).
Equal Employment Opportunity Commission Policy Guidance (N-915.035) on Current Issues of Sexual Harassment, Effective 10/15/88.
Title IX of the Education Amendments of 1972, 20 USCS §1681, et seq.
Title IX of the Education Amendments of 1972, 34 CFR §106, et seq.
Title IX Final Rule, May 6, 2020
Mentor Savings Bank, FSB v. Vinson 477 US.57 (1986)
Faragher v. City of Boca Raton, No. 97-282 (U.S. Supreme Court, June 26,1998)
Burlington Industries, Inc. v. Ellerth, No. 97-569, (U.S. Supreme Court, June 26,1998)
Gebbser v. Lago Vista Indiana School District, No. 99-1866, (U.S. Supreme Court, June 26,1998)
Connecticut General Statutes
46a-60 Discriminatory employment practices prohibited.
Conn. Agencies Regs. §46a-54-200 through §46a-54-207
Constitution of the State of Connecticut, Article I, Section 20.
P.A. 19-16 An Act Combatting Sexual Assault and Sexual Harassment
Form # 1 & 2 - Complaint Form Regarding Sex Discrimination and Sexual harassment (Personnel), and Appeal form Regarding Sex Discrimination and Sexual harassment complaint (Personnel)
4118.112
4218.112
Notice
To be posted in a conspicuous place readily available for viewing by employees
WINCHESTER PUBLIC SCHOOLS
SEXUAL HARASSMENT IS ILLEGAL
AND IS PROHIBITED
BY
THE CONNECTICUT DISCRIMINATORY EMPLOYMENT PRACTICES ACT
(Section 46a-60 of the Connecticut General Statutes)
AND
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
(42 United States Code Section 2000e et seq.)
SEXUAL HARASSMENT MEANS ANY UNWELCOME SEXUAL ADVANCES OR REQUESTS FOR SEXUAL FAVORS OR ANY CONDUCT OF A SEXUAL NATURE WHEN:
1. SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL’S EMPLOYMENT;
2. SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR
3. SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF SUBSTANTIALLY INTERFERING WITH AN INDIVIDUAL’S WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
Examples of SEXUAL HARASSMENT include:
UNWELCOME SEXUAL ADVANCES
SUGGESTIVE OR LEWD REMARKS
UNWANTED HUGS, TOUCHES, KISSES
REQUESTS FOR SEXUAL FAVORS
DEROGATORY OR PORNOGRAPHIC POSTERS, CARTOONS, OR DRAWINGS
Remedies for SEXUAL HARASSMENT may include:
CEASE AND DESIST ORDERS
BACK PAY
COMPENSATORY DAMAGES
HIRING, PROMOTION, OR REINSTATEMENT
RETALIATION AGAINST ANY EMPLOYEE FOR COMPLAINING ABOUT SEXUAL HARASSMENT IS PROHIBITED UNDER THIS POLICY AND ILLEGAL.
VIOLATION OF THIS POLICY IS GROUNDS FOR DISCIPLINE, INCLUDING DISCHARGE.
4118.112
4218.112
Notice
(continued)
INDIVIDUALS WHO ENGAGE IN ACTS OF SEXUAL HARASSMENT MAY ALSO BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
AN INFRACTION OF THIS POLICY BY SUPERVISORS OR CO-WORKERS SHOULD BE REPORTED IMMEDIATELY TO THE DIRECTOR OF STUDENT SERVICES. CONFIDENTIALITY WILL BE MAINTAINED TO THE EXTENT POSSIBLE.
ANY EMPLOYEE WHO BELIEVES THAT THEY HAVE BEEN HARASSED OR DISCRIMINATED AGAINST IN THE WORKPLACE IN VIOLATION OF THIS POLICY MAY ALSO CONTACT:
THE CONNECTICUT COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
HARTFORD REGION OFFICE [REGIONAL OFFICES AND THEIR ADDRESSES CAN BE FOUND ON THE CHRO WEBSITE, HTTP://WWW.STATE.CT.US/CHRO
450 COLUMBUS BLVD
HARTFORD, CT 06103
860-541-3400
AND/OR:
THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
BOSTON AREA OFFICE
475 GOVERNMENT CENTER
BOSTON, MA 02203
PHONE (617) 565-3200
(800) 669-4000
CONNECTICUT LAW REQUIRES THAT A FORMAL WRITTEN COMPLAINT BE FILED WITH THE COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES WITHIN THREE HUNDRED (300) DAYS OF THE DATE WHEN THE ALLEGED HARASSMENT/DISCRIMINATION OCCURRED.
Board of Education Policy Regarding:
Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Pregnant Employee in the Workplace/Lactation Accommodation
Policy # 4118.114(a) 4218.114
New: 9/13/2022
Supersedes / Amends:
The Board of Education (Board) recognizes that its diverse workforce is a valuable asset. The Board recognizes pregnancy as a temporary physical condition, unique to pregnant persons, which may affect an employee’s ability to perform all of the usual duties and responsibilities of their position. However, the Board will not assume an employee is unable to continue their regular position functions solely because they are pregnant.
Therefore, the Board recognizes its obligation to provide a reasonable workplace accommodation for a pregnant employee or applicant unless the Board demonstrates that such an accommodation constitutes an undue hardship as defined in this policy.
The Board will not limit, segregate or classify an employee in a way that would deprive them of employment opportunities due to their pregnancy. An employee or person seeking employment shall not be subject to discrimination on the basis of their pregnancy in the terms or conditions of their employment. In addition, the Board will not force a pregnant employee or applicant to accept a reasonable accommodation if such employee does not need one.
The Board will not deny employment opportunities to an employee or person seeking employment if such denial is due to the employee’s request for a reasonable accommodation because of their pregnancy; force an employee or person seeking employment affected by pregnancy to accept a reasonable accommodation if such employee or person seeking employment does not have a known limitation related to their pregnancy, or does not require a reasonable accommodation to perform the essential duties related to their employment.
The Board will not to require an employee to take a leave of absence if a reasonable accommodation can be provided in lieu of such leave; nor will the Board retaliate against an employee in the terms, conditions or privileges of their employment based upon such employee’s request for a reasonable accommodation.
Definitions
“Pregnancy” means pregnancy, childbirth or a related condition, including, but not limited to, lactation.
“Reasonable accommodation” means, but shall not be limited to, being permitted to sit while working, more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring, light duty assignments, modified work schedules, temporary transfers to less strenuous or hazardous work, time off to recover from childbirth or break time and appropriate facilities for expressing breast milk.
P4118.114(b)
4218.114
Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Pregnant Employees in the Workplace/Lactation Accommodation
Definitions (continued)
“Undue hardship” means an action requiring significant difficulty or expense when considered in light of factors such as (A) the nature and cost of the accommodation; (B) the overall financial resources of the employer; (C) the overall size of the business of the employer with respect to the number of employees, and the number, type and location of its facilities; and (D) the effect on expenses and resources or the impact otherwise of such accommodation upon the operation of the employer.
“Undue hardship” means, in relation to breastfeeding in the workplace, any action that requires significant difficulty or expense when considered in relation to factors such as the size of District operations, financial resources and the nature and structure of District operations.
“Reasonable efforts” means, in relation to breastfeeding in the workplace, any effort that would not impose an undue hardship on the operation of the Board of Education.
Notification Requirements
The District shall provide written notice of the right to be free from discrimination in relation to pregnancy, childbirth and related conditions, including the right to a reasonable accommodation to the known limitations related to pregnancy to new employees at the commencement of employment; to all existing employees and to any employee who notifies their supervising administrator of their pregnancy within ten days of such notification.
These notification requirements will be fulfilled by displaying a poster in a conspicuous place, accessible to employees, that contains the required information in both English and Spanish. (The Labor Commissioner may adopt regulations, in accordance with Chapter 54, to establish additional requirements concerning the means by which employers shall provide such notice. Such notification will also be made a part of any staff handbook.)
The Board may utilize, as deemed appropriate, any courses of instruction and ongoing public education efforts developed by the Commission on Human Rights and Opportunities to inform employees, employment agencies and persons seeking employment in the District about their rights and responsibilities pertaining to this topic.
P4118.114(c)
4218.114
Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Pregnant Employees in the Workplace/Lactation Accommodation (continued)
Lactation Accommodation (Nursing Friendly Workplace)
The District recognizes that a normal and important role for nursing employees is to have the option and ability to provide for their children by breast-feeding or expressing milk in the workplace. Any employee may, at their discretion, express breast milk or breastfeed on site at their workplace during their meal or break period. The Board directs the Superintendent or their designee to take measures and develop regulations to ensure that all district employees shall be provided with an adequate and private location for the expression of milk or breast-feeding.
The location for the expression of milk or breast-feeding shall not be a public restroom or toilet stall, and shall be in close proximity to the employee’s work area. The location designated shall be a private space such as, but not limited to, an office space or conference room.
Provided there is no undue hardship, such room or location shall (1) be free from intrusion and shielded from the public while such employee expresses breast milk, (2) include or be situated near a refrigerator or employee-provided portable cold storage device in which the employee can store their breast milk, and (3) include access to an electrical outlet.
The District and employee will work together to maximize flexibility to ensure that adequate time is allowed for this activity. Time allowed for this activity is not to exceed the normal time allowed for meals and/or breaks.
Employees shall be notified of this policy and a list shall be published of the designated locations throughout the district for the expression of milk or breast-feeding on an annual basis.
(cf. 4000.1 – Title IX)
(cf. 4111.1/4211.1 – Equal Employment Opportunities)
(cf. 4118.11/4218.11 – Nondiscrimination)
(cf. 4118.12/4218.12 – Sexual Harassment)
Legal Reference: Connecticut General Statutes
31-40w Breastfeeding in the workplace. (as amended by PA 21-27)
4a-60 Nondiscrimination and affirmative action provisions in contracts of the state and political subdivisions rather than municipalities.
10-153 Discrimination on account of marital status.
46a-60 Discriminatory employment practices prohibited. (as amended by P.A. 17-118)
P4118.114(d)
4218.114
Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Pregnant Employees in the Workplace/Lactation Accommodation
Legal Reference: Connecticut General Statutes (continued)
P.A. 17-118 An Act Concerning Pregnant Women in the Workplace.
P.A. 21-27 An Act Concerning Breastfeeding in the Workplace.
Title VII, Civil Rights Act U.S.C. 2000e, et. seq.
Title IX of the Educational Amendments of 1972, 20 U.S.C. 1681 et seq.
29 CFR 1604.11, EEOC Guidelines on Sex Discrimination.
34 CFR Section 106.8(b), OCR Guidelines for Title IX.
Equal Employment Opportunity Commission Guidance on Pregnancy Discrimination and Related Issues. (July 14, 2014)
ADA Amendments Act of 2008, P.L. 110-325.
The Fair Labor Standards Act (FLSA), 29 U.S.C. 207 (as amended by The Patient Protection and Affordable Care Act, P.L. 11-148)
Young v. United Parcel Service, No. 12-1226, 707 F.3d 437, 446, 450 (4th Cir)
Policy adopted:
cps 11/17
rev 7/21
R4118.114(a)
4218.114
Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Pregnant Employees in the Workplace/Lactation Accommodation
The District will provide a reasonable workplace accommodation for a pregnant employee or applicant, unless the accommodation would be an undue hardship. The District shall not (1) limit, segregate, or classify an employee in a way that would deprive them of employment opportunities due to their pregnancy or (2) force a pregnant employee or applicant to accept a reasonable accommodation if they do not need one.
“Pregnancy” for purposes of this policy is defined as pregnancy, childbirth, or related conditions, including lactation.
Protections for Pregnant Employees and Applicants
Reasonable Accommodation
The District shall make a reasonable accommodation for a pregnant employee or applicant, unless the accommodation would be an undue hardship. An “undue hardship” is defined as an action requiring significant difficulty or expense when considering the accommodation’s nature and cost, the district’s overall financial resources, the district’s size and facilities, and the effect on the district’s operations.
“Reasonable accommodations” include:
1. being allowed to sit while working,
2. more frequent or longer breaks,
3. periodic rest,
4. assistance with manual labor,
5. job restructuring,
6. light duty assignments,
7. modified work schedules,
8. temporary transfers to less strenuous or less hazardous work,
9. time off to recover from childbirth, or
10. break time and appropriate facilities for expressing breast milk.
By law, the district is required to make reasonable efforts to provide a private room for an employee to express breast milk or breast-feed (CGS §31-40w).
R4118.114(b) 4218.114
Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Pregnant Employee in the Workplace/Lactation Accommodation (continued)
Additional Protections for Pregnant Employees
The administration of this school district is prohibited, by law, from:
- limiting, segregating, or classifying an employee in a way that would deprive them of employment opportunities due to their pregnancy;
- discriminating against an employee or job applicant on the basis of their pregnancy in the terms or conditions of employment;
- denying employment opportunities to a pregnant employee or applicant because they requested a reasonable accommodation;
- forcing a pregnant employee or applicant to accept a reasonable accommodation if they does not (a) have a known pregnancy-related limitation or (b) require a reasonable accommodation to perform their job’s essential duties;
- requiring a pregnant employee to take a leave of absence instead of providing a reasonable accommodation; and
- retaliating against a pregnant employee based on their request for a reasonable accommodation.
In addition, the District is prohibited by law from:
- terminating a person’s employment because of their pregnancy,
- refusing to grant the employee reasonable leave for disability resulting from the pregnancy, and
- failing to reinstate the employee to their original job or an equivalent one upon their return (with some limitations).
Employee Notification
Employees shall be provided with written notice of their right to be free from discrimination in relation to pregnancy, childbirth, and related conditions, including the right to a reasonable accommodation. Notice must be given to (1) new employees when they start work; (2) existing employees within 120 days of October 1, 2017; and (3) any employee who notifies their employer of their pregnancy, within 10 days of their notification.
A poster shall be displayed in a conspicuous place, accessible to employees, at the workplace with the required information in both English and Spanish.
R4118.114(c)
4218.114
Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Pregnant Employees in the Workplace/Lactation Accommodation (continued)
Nursing Employees
Prior to returning to work from maternity leave, it shall be the employee’s responsibility to notify their supervisor of their intent to continue breast-feeding their infant and of their need to express milk during work hours. Further, it shall be the responsibility of the employee to keep their supervisor informed of their needs in this regard throughout the period of lactation.
Connecticut law requires that reasonable efforts must be made to provide a private room for an employee to express milk or breast-feed. The location shall not be a public restroom or toilet stall and should be in close proximity to work areas, where the employee can breast-feed their child or express milk in privacy. The designated location shall be a private space such as an office space, conference room, classroom or staff room.
Provided there is no undue hardship, such room or location shall (1) be free from intrusion and shielded from the public while such employee expresses breast milk, (2) include or be situated near a refrigerator or employee-provided portable cold storage device in which the employee can store their breast milk, and (3) include access to an electrical outlet.
In selecting an appropriate location, the advice of a school nurse or health professional shall be used in determining the most reasonable facility accommodation. The location should be an accessible, private room with a lock that would allow an employee to:
- breastfeed a child brought in during a lunch or other break period; or
- pump breast milk to be stored for later use.
The following accommodations shall be available:
- A door with a lock for privacy.
- A location where the intrusion from coworkers, students and the public can be prevented and one where an employee using this area can be shielded from view, including, if need be, the use of a separating, privacy curtain or partition.
- An electrical outlet for electric pumps.
- A sign-up sheet and a sign posting the room as “private during use”.
- A flexible work schedule in consideration of the staff member’s responsibility.
The school administrator and staff member are to work together to maximize flexibility to ensure that adequate time is allowed for this activity. Time allotted for this activity is not to exceed the normal time allowed for lunch and/or breaks.
Regulation approved:
cps 11/17
rev 7/21
Board of Education Policy Regarding:
Workplace Bullying
Policy #4118.15
Amended: 8/8/2023
Supersedes / Amends: 3/14/2012, 2/10/2015
The purpose of this policy is to promote a healthy, positive workplace climate so that every individual is able to contribute fully to our educational community. Every person has the right to dignity at work. The rights and responsibilities described in this policy apply to all employees, parents, and all who utilize or visit District facilities.
The Board requires all of its employees to treat all other employees, as well as students, with dignity and respect. Building principals and supervisory staff need to be sensitive to signs of stress among staff. During periods of high stress, staff may be observed acting in an unprofessional manner with each other. Unprofessional behavior must be dealt with, and not ignored. Further, rudeness will not be tolerated among the staff.
Consequences of Bullying in the Workplace
The Board of Education (Board) does not condone bullying in the workplace. Workplace bullying is antithetical to maintaining a congenial and healthy workplace. The Board desires to provide a workplace that is free from violence, harassment, intimidation, and other disruptive behavior. The Board is concerned that bullying in the workplace can affect people in a number of serious ways, which include:
▪ High stress; post-traumatic stress disorder (PTSD);
▪ Loss of self-confidence;
▪ Deterioration in the quality of work;
▪ Increased absenteeism;
▪ Financial problems due to absence;
▪ Lack of communication and teamwork;
▪ Lack of confidence in the District leading to lack of commitment to the position;
▪ Reduced self-esteem;
▪ Musculoskeletal problems;
▪ Phobias;
▪ Sleep disturbances;
▪ Increased depression/self-blame; and/or
▪ Digestive problems.
Definitions
“Workplace Bullying” is defined as conduct that a reasonable person would find hostile, intimidating, offensive, humiliating or an abuse of authority. It may be verbal, nonverbal, public or private. It is typically behavior repeated across multiple incidents; a single incident is rarely a violation. It may originate from any employee or from any individual to another. It is also bullying to continue policy-violating conduct when the targeted individual requests that it cease.
"Mobbing" is a particular type of bullying behavior carried out by a group rather than by an individual. Mobbing is the bullying or social isolation of a person through collective unjustified accusations, humiliation, general harassment or emotional abuse. Although it is group behavior, specific incidents such as an insult or a practical joke may be carried out by an individual as part of mobbing behavior.
Examples of Bullying in the Workplace
Inappropriate behavior includes actions that intimidate, offend, degrade or humiliate a worker, which at times can occur in the presence of co-workers, students, parents, contractors or visitors to the school or school activities.
The Board believes that:
▪ Bullies can be supervisors, subordinates, co-workers, and colleagues;
▪ Bullies often operate within the established rules and policies of their organization; and
▪ The damage that such actions cause, both to the targeted employee and to workplace morale, is significant.
The Board believes it is necessary to maintain a congenial, healthy and supportive workplace in order to avoid institutional bullying. Institutional bullying is when bullying becomes entrenched in an organization and becomes accepted as part of the workplace culture.
In order to develop and maintain a congenial, healthy and supportive workplace that contributes in a positive manner to the educational services provided to the students of the District, the Board considers the following examples of bullying as a detriment in the educational workplace.
The illustrative examples of bullying include, but are not limited to:
▪ Provocative or dehumanizing name calling;
▪ Belittling the person;
▪ Discounting or humiliating people at meetings;
▪ Deliberate exclusion from job-critical decision-making opportunities;
▪ Preventing an employee from meeting students' academic potential;
▪ Unwarranted or invalid criticism;
▪ Blame without factual justification;
▪ Being treated differently than the rest of a person's work group;
▪ Being sworn at;
▪ Exclusion or social or physical isolation;
▪ Rumors (or failing to stop them) and gossip about a person or school's reputation;
▪ Being shouted at or being humiliated;
▪ Being the target of practical jokes;
▪ Subjected to excessive monitoring; and
▪ Other inappropriate behavior includes actions that intimidate, offend, degrade or humiliate a co-worker, including occurrences in front of other co-workers, students, parents, contractors or visitors.
Reporting of Workplace Bullying/Procedures
Employees who believe they have been subjected to workplace bullying should report to the Building Principal/Superintendent of Schools in writing. The report should include details of the date, time, place, and the specific conduct which occurred. The Building Principal/ Superintendent or designee will seek to maintain confidentiality while investigating the incident(s) but may discuss the situation with other supervisors/administrators or, if deemed necessary, with the Chairperson of the Board, via the Superintendent of Schools. The District will implement appropriate remedial measures. Disciplinary action may be taken if the severity of the workplace bullying makes that intervention appropriate. While investigating and responding to the prohibited misconduct, the Principal, Superintendent, or designee will give priority to avoiding possible retaliation or reprisals, while restoring and maintaining a congenial and healthy workplace.
At times, incidents of workplace bullying can be handled effectively in an informal manner. If an incident occurs that is offensive, it may be sufficient to explain clearly to the offender that the behavior is unacceptable. If the circumstances are too difficult or embarrassing for an individual, support may be sought from another colleague, a contact person, staff representative or an administrator. A complainant may decide, for whatever reason, to bypass the informal procedure and proceed to the filing of a written complaint.
Related Considerations
Bullying must not be confused with the non-abusive exercise of management rights to assign tasks, coach, and reprimand or take disciplinary actions against employees. Any administrator, supervisor or individual in a position of leadership to whom a complaint is reported (verbally or in writing) must take appropriate action according to internal procedures. Failure to comply may result in disciplinary action.
Freedom from retaliation is protected under this policy. Retaliation is a separate offense from the original claim of bullying. Protected individuals include complainants, or anyone who testifies, assists, or participates in any manner in an investigation or proceeding, internal or external, pertaining to the allegation of bullying.
Misuse of the policy is a violation of the policy itself.
This policy supplements but does not replace the District’s policies pertaining to discrimination and harassment.
(cf. 0521 — Nondiscrimination)
(cf. 1316 — Conduct on School Property)
(cf. 4118.11/4218.11 — Nondiscrimination)
(cf. 4118.112/4218.112 — Sexual Harassment)
(cf. 4118.13/4218.13 Conflict of Interest)
(cf. 4118.211 — Retaliation and Whistle-Blowing)
(cf. 4118.24/4218.24 -- Staff/Student Relations)
(cf. 5131.911 Bullying)
Legal Reference: Connecticut General Statutes
10-221 Boards of education to prescribe rule(s), policies, and procedures.
10-238 Petition for hearing by board of education.
Internet Staff - Acceptable Use
Policy # 4118.5
Adopted: 4/12/2005
Supersedes / Amends:
We are pleased to offer staff of the Winchester School District access to district computer technology resources, including the Internet. This powerful educational resource will increase their teaching potential and expand their knowledge of the world we live in. The skills required for using a computer network and the Internet are becoming more important to the long-term success of our students as they advance in education and prepare for the working world. The Winchester School District is pleased to be able to offer staff this opportunity.
In all academic environments, structure and a commitment to a code of behavior is vital to the learning process. As a result, the Winchester School District has instituted an Acceptable Use of Technology Policy for Staff (see Policy 6141.32 for corresponding Student policy). The intention of this policy is to establish each user’s rights and responsibilities, as well as to delineate certain prohibited activities. The policy applies to all users of the system.
I. Purpose of Technology Use
Through technology, the District provides access for staff to resources from around the world. Expanding technologies take staff beyond the confines of the classroom. The use of technology will also provide tremendous opportunities for enhancing, extending, and rethinking the learning process. This new capability, however, requires guidelines for staff.
II. The Opportunities and Risks of Technology Use
The Board believes the value of technology outweighs the hazards of its misuse. Making network access available, however, carries with it the potential that some network users will encounter sources that some consider controversial or inappropriate. The District employs a content filtering package that blocks access to objectionable sites; however, the District cannot completely predict or control what users may or may not locate. Users must be wary of the sources and content and take responsibility when choosing information to be accessed.
No technology is guaranteed to be error free or totally dependable, nor is it safe when used irresponsibly. Among others matters, the District is not liable or responsible for:
1. any information that may be lost, damaged, or unavailable due to technical, or other difficulties;
2. the accuracy or suitability of any information that is retrieved through technology;
3. breaches of confidentiality;
4. defamatory material; or
5. the consequences that may come from failure to follow District policy and procedures governing the use of technology.
III. Privileges and Responsibilities
Every staff member has the privilege of using the district’s computer technology system. The use of the school district’s system and access to use of the internet is a privilege, not a right. Exercising this privilege requires that users accept the responsibility for all material viewed, downloaded, and/or produced.
The actions of users accessing networks through the District reflect on the School District; therefore, users must conduct themselves by exercising good judgment and complying with this policy and any accompanying administrative regulations and guidelines.
IV. Disciplinary Actions
Depending upon the nature and degree of violations and number of previous violations, unacceptable use of the school district system or the internet may result in one or more of the following consequences; suspension or cancellation of use of access privileges; payments for damages and repairs; discipline under other appropriate school district policies including suspension, or expulsions. Disciplinary action will be determined by the administration, staff, and/or the Board of Education.
V. Confidentiality
By authorizing use of the school district’s technology system, the school district does not relinquish control over materials on the system or contained in files on the system. Users must recognize that there is no assurance of confidentiality with respect to access to transmissions and files by persons outside, or from persons inside the District. The District also reserves the right to log technology use, to monitor file server space utilization by users, and to examine users' files and materials as needed; therefore, users cannot expect absolute privacy from District personnel as to their use of technology.
Only when school authorities have reasonable suspicion that a search will uncover a violation of law or school district policy an individual investigation or search will be conducted. The school district will cooperate fully with local, state and federal authorities in any investigation concerning or related to any illegal activities and activities not in compliance with school district policies conducted through the school district system.
VI. Additional Rules/Actions
The Board of Education and the Superintendent may establish additional regulations and guidelines, and take appropriate action to implement this Policy.
WINCHESTER PUBLIC SCHOOLS
Winsted, Connecticut
INTERNET ACCEPTABLE USE POLICY
REGARDING DISTRICT STAFF
STAFF ACCESS TO NETWORKED INFORMATION and RESOURCES PROCEDURES
Staff utilizes the district computer technology resources on a regular basis as a tool for education and communication. Our goal for providing information technology access to teachers and students is to promote educational excellence by facilitating worldwide information and resources sharing, innovation, and communication. The network is provided for staff and students to conduct research, complete assignments, and communicate with others.
The District expects that faculty will blend thoughtful use of the Internet throughout the curriculum and will provide guidance and instruction to students in its use. As much as possible, access from school to Internet resources should be structured in ways which point students to those which have been evaluated prior to use. While students will be able to move beyond those resources to others that have not been previewed by staff, they shall be provided with guidelines and lists of resources particularly suited to learning objectives.
Communications over the network are often public in nature therefore general rules and standards for professional behavior and communications will apply.
Winchester Public School Acceptable Use Policy
After reading each Code of Behavior, initial in space provided.
___ 1. Users will not use the district computer technology resources to access, review, upload, download, store, print, post, or distribute pornographic, obscene or sexually explicit material or other visual depictions that could be harmful to minors.
___ 2. Users will not use district computer technology resources to access, review, upload, download, store, print, post, or distribute materials that use language or images that are inappropriate to the educational setting or disruptive to the educational process and will not post information or materials that could cause damage or disruption.
___ 3. Users will not use the district computer technology resources to access, review, upload, download, store, print, post, or distribute materials that use language or images that advocate violence or discrimination toward other people (hate literature) or that may constitute harassment or discrimination.
___ 4. Users will not use the district computer technology resources to knowingly or recklessly post false or defamatory information about a person or organization, or to harass another person, or to engage in personal attacks, including prejudicial or discriminatory attacks.
___ 5. Users will not use the district computer technology resources to engage in any illegal act or violate any local, state or federal statute or law.
___ 6. Users will not use the district technology resources to vandalize, damage or disable the property of another person or organization, make deliberate attempts to degrade or disrupt equipment, software or system performance by any other means, will not tamper with, modify or change the school district system software, hardware or wiring or take any action to violate the school district system's security, and will not use the school district system in such a way as to disrupt the use of the system by other users.
___ 7. Users will not use the district computer technology resources to gain unauthorized access to information resources or to access another person's materials, information, or files without the direct permission of that person.
___ 8. Users will not use the district computer technology resources to download miscellaneous applications which will include instant messenger, search/tool bars, or music, etc.
___ 9. Users will not use the district computer technology resources to post private information about another person, personal contact information about themselves or other persons, or other personally identifiable information, including but not limited to, home addresses, telephone numbers, identification numbers, account numbers, access codes or passwords, labeled photographs or other information that would make the individual's identity easily traceable, and will not repost a message that was sent to the user privately without permission of the person who sent the message.
___10. Users will not attempt to gain unauthorized access to the school district system or any other system through the school district system, attempt to log in through another person's account, or use computer accounts, access codes or network identification other than those assigned to the user.
___11. Users will not use the school district system to violate copyright laws, or usage licensing agreements, or otherwise to use another person's property without the person's prior approval or proper citation, including the downloading or exchanging of pirated software or copying software to or from any school computer, and will not plagiarize works they find on the Internet.
___12. Users will not use the school district system for the conduct of a business, for unauthorized commercial purposes or for financial gain unrelated to the mission of the school district. Users will not use the school district system to offer or provide goods or services or for product advertisement.
___13. If a user inadvertently accesses unacceptable materials or an unacceptable Internet site, the user shall immediately disclose the inadvertent access to an appropriate school district official. This disclosure may serve as a defense against an allegation that the user has intentionally violated this policy.
___14. Network administrators may be called on to review files and communications to maintain system integrity and to ensure that staff members are using the system responsibly. Users should not expect that files stored on district servers will be private.
___15. Inappropriate behavior, violations, or complaints will be routed to the employee's supervisor for appropriate action. Violations may result in a loss of access and/or disciplinary action. When applicable, law enforcement agencies may be involved.
___16. Each employee will be given copies of this policy and procedures and will sign an acceptable use agreement before establishing an account or continuing the use of existing account. The District reserves the right to amend its policies and procedures regarding Staff Access to Networked Information Services and acceptable use agreements.
055
New 04/05
WINCHESTER PUBLIC SCHOOLS
WINSTED, CONNECTICUT
STAFF ACCEPTABLE USE POLICY
SIGNATURE FORM
ACCEPTABLE USE AGREEMENT
The following is the Winchester School District’s Acceptable Use Policy. Please read this policy carefully and address your question(s) to your building principal or supervisor for clarification.
Acceptable Use Policy
___ (initial) The Winchester School District expects the appropriate and ethical use of the district’s computer technology resources. Therefore, the Winchester School District assumes that all staff will use these resources with personal integrity and pride. Remember that whenever you use a network, you leave “electronic footprints”. It is your responsibility to follow the Acceptable Use Policy Code of Behavior
Staff Member (Print Legibly or Type): ______________________________________________
Location: ________________________________________________ Date:__________________
Acceptable Use Policy User Agreement
___ (initial) I have read the District’s Acceptable Use Policy. My signature on this document means that I have read and understand the Acceptable Use Policy and that I agree to abide by the guidelines as established. I understand that if I violate the rules my use of computers and/or my access to the Internet may be terminated and that I may face other disciplinary measures.
Staff Member (Print Legibly or Type): ______________________________________________
Location: ________________________________________________ Date:__________________
05
New: 04/05
Board of Education Policy Regarding:
Personnel / Certified / Non-Certified
Personal Leaves – Family and Medical Leave Act
Policy # 4152.6(a)
Amended: 8/8/2023
Supersedes / Amends: 4152.6 - 4/10/12, 3/20/18
Personal Leaves
Family and Medical Leave Act
The Board will provide leave to eligible employees consistent with the Family and Medical Leave Act of 1993 (FMLA) as amended and the Family Medical Leave Act as part of the National Defense Authorization Acts of 2008 and for Fiscal Year 2010 (which expanded certain leave to military families and veterans for specific circumstances) and 2013 Final Rules. Eligible employees (employment for at least one-year and at least 1,250 hours actually worked in the twelve-month period immediately preceding the commencement of the leave) are entitled to up to 12 work weeks of unpaid family and medical leave in any 12-month period.
Paraprofessionals are also eligible to benefits equal to those under the federal FMLA if such paraprofessional was employed for at least one year and for at least 950 hours over the previous twelve-month period preceding the commencement of the leave. A paraprofessional is defined as a school employee who performs duties that are instructional in nature or delivers either direct or indirect services to students and/or parents and serves in a position for which a teacher has ultimate responsibility for the design and implementation of educational programs and services.
The District will continue to pay the District’s share of the employee’s health benefits during the leave. In addition, the District will restore the employee to the same or an equivalent position with equivalent benefits, pay and other conditions of employment after the termination of the leave in accordance with Board policy and collective bargaining agreements.
Eligible employees are entitled to take unpaid leave for a covered family member’s service in the Armed Forces, for any one or for a combination of the following reasons:
▪ A “qualifying exigency” as defined by Department of Labor regulations arising out of a covered family member’s covered active duty or Federal call to covered active duty (includes National Guard and Reserves) in the Armed Forces including deployment to a foreign country or to international waters;
▪ To care for a covered family member who has incurred a serious injury or illness in the line of duty while on covered active duty in the Armed Forces (including as a member of the National Guard or Reserves) provided that such duty or illness may render the family member medically unfit to perform duties of the member’s office, grade, rank or rating;
▪ To care for a covered family member who is a veteran who is undergoing medical treatment, recuperation or therapy for a service related illness or injury that was incurred or aggravated while on active duty and manifested itself before or after the member became a veteran, within five years after a veteran leaves service; and/or
P4152.6(b)
4252.6
Personnel -- Certified/Non-Certified
Personal Leaves
Family and Medical Leave Act (continued)
▪ To care for a parent of a military member called to active duty provided the military member is the spouse, (including same-sex marriages*), parent or child of the employee.
When leave is due to a “qualifying exigency” of a service member, an eligible employee may take up to 12 workweeks of leave during any 12-month period. When such leave is to care for an injured or ill service member, an eligible employee may take up to 26 workweeks of leave during a single 12-month period to care for the service member. Leave to care for an injured or ill service member, when combined with other FMLA-qualifying leave, may not exceed 26 weeks in a single 12-month period. Employees will not be deprived of any employment benefits accrued before taking FMLA leave.
The District will maintain health insurance benefits at the same basis as is provided to other similarly situated employees. Conversely, employees on FMLA leave are not entitled to accrue any seniority or benefits during the leave unless determined otherwise due to a collective bargaining agreement. When an employee returns from FMLA leave, benefits will be resumed in the same manner as provided prior to taking the leave, subject to any changes in benefit levels that may have occurred during the FMLA leave period and which affect the entire work force. Leave available for eligible employees under FMLA is not intended to supplement leave otherwise provided to such employees. The District may require the eligible employee substitute any accrued vacation or sick leave for any part of the twelve-week period that may be taken for the serious health condition of a spouse, child or parent, or for the employee’s own serious health condition.
In complying with the FMLA, the District will adhere to the requirements of the Americans with Disabilities Act as well as other applicable federal and state laws.
The Board, in compliance with state statute, shall provide to its employees who are a party to a civil union with the same family and medical leave benefits under the federal Family Medical Leave Act (FMLA) as are provided to employees who are party to a marriage. The term “marriage” includes a same-sex marriage which all states must now recognize, or common law marriages that either was entered into in Connecticut or another state that recognizes such marriages or if entered into out of Connecticut is valid in the place where entered into and could have been entered into in at least one state. In addition, the Board shall allow its employees leave time under this policy to serve as organ or bone marrow donors.
The District, in compliance with FMLA’s regulations, will post and keep posted on its premises, in conspicuous places where employees are employed, a notice explaining the provisions of the FMLA and providing information concerning the procedures for filing complaints of violations of the Act. Electronic posting may be utilized.
*Due to the Obergefell Supreme Court Decision, there is no distinction under the law between same sex and opposite sex spouses. It is advisable to refer to “marriage” and “spouse.”
P4152.6(c)
4252.6
Personnel -- Certified/Non-Certified
Personal Leaves
Family and Medical Leave Act (continued)
FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.
(cf. 4118.14 - Disabilities)
(cf. 4151.2 - Family Illness)
(cf. 4152.3 - Maternity; Adoptive; Child Care)
Legal Reference: P.L. 103-3 and 29 CFR Part 825 - The Family and Medical Leave Act of 1993, as amended by H.R. 4986, the National Defense Authorization Act for Fiscal Year 2008, Section 585. 29 U.S.C. §2601 et seq. and the National Defense Authorization Act for Fiscal Year 2010, Public Law 111-84, section 565, Title V.
Final Rule - published in Federal Register, Vol. 60, Nov. 4, Friday, January 6, 1995, as amended on February 3, 1995, March 30, 1995, and on November 17, 2008. Rules and Regulations (29 CFR Part 825).
Final Rule – published in Federal Register, Vol. 78, Wed. February 6, 2013.
Final Rule – published in Federal Register, Vol. 80, No. 37, Wednesday, February 25, 2015
Connecticut General Statutes
46b-38oo Applicability of statutes to civil unions and parties to a civil union.
PA 07-245 An Act Concerning Family and Medical Leave for Municipal Employees.
PA 12-43 An Act Concerning Family and Medical Leave Benefits for Certain Municipal Employees
United States v. Windsor, U.S. 133 S. Ct. 2675 (2013)
Obergefell v. Hodges, No. 14-556, 135 S. Ct. 2584 (2015)
Regulations - 4152.6(a) - 4252.6
Personnel - Certified/Non-Certified
Personal Leaves
Family and Medical Leave Act
The following administrative regulations apply only to the Family and Medical Leave Act (FMLA).
For purposes of this regulation the term “marriage” is defined to include a same-sex marriage, legally recognized in all states.
For purposes of this regulation, the term “spouse” refers to any individuals who are lawfully married under any state law, including common law marriages.
Eligibility
An employee who has worked for the District for at least 12 months is eligible for 12 work weeks of FMLA leave during a 12-month period provided the employee worked at least 1,250 hours in the 12 months preceding the beginning of the leave. The 12 months of employment need not be consecutive months. Hours worked includes all hours, including overtime, an employee works but does not include paid leave time such as vacations, sick or personal leave, holidays etc. Full time professional instructional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement. Pursuant to USERRA, an employee returning from fulfilling their National Guard or Reserve military obligation shall be credited with the hours of service that would have been performed but for the period of military service in determining whether they worked the 1,250 hours of service in the District. (§825.110)
Paraprofessionals are also eligible to benefits equal to those under the federal FMLA if such paraprofessional was employed for at least one year and for at least 950 hours over the previous twelve-month period preceding the commencement of the leave. A paraprofessional is defined as a school employee who performs duties that are instructional in nature or delivers either direct or indirect services to students and/or parents and serves in a position for which a teacher has ultimate responsibility for the design and implementation of educational programs and services.
For purposes of FMLA leave a 12-month period is the district’s fiscal year, July 1 through June 30. (Note: the district has the option of designating another 12-month period based on calendar year or other criteria set out in the act. The other options include calendar year; the 12-month period measured forward from the date of an employee’s first FMLA leave date; 12-month period measured backward from the date the employee takes any FMLA leave.) The 12 months of employment need not be consecutive months.
Regulations - 4152.6(b)
4252.6
Personnel - Certified/Non-Certified
Personal Leaves
Family and Medical Leave Act (continued)
Serious Health Condition
A “serious health condition” that would entitle an employee to FMLA leave is one involving continuing treatment by a health care provider that results in a period of incapacity of more than three consecutive calendar days and involves either treatment two or more times by a health care provider or treatment by a health care provider on at least one occasion followed by a regimen of continuing treatment under the supervision of the health care provider.
Over the counter medication, bed rest, taking of fluids, exercise and other activities that can be initiated without a visit to a health care provider do not constitute continuing treatment.
Chronic conditions such as asthma and diabetes are considered a serious health condition even if individual episodes of incapacity do not last more than three days. Furthermore, conditions need not be chronic or long term when the condition is one which is not ordinarily incapacitating but for which multiple treatments are given because the condition would likely result in a period of incapacity of more than three calendar days in the absence of medical intervention. Regarding long-term chronic conditions, the condition need not be incurable. The condition may involve a permanent or long-term incapacity and be one for which treatment may not be effective. (29 C.F.R. 825.114.)
Health Care Provider
The definition of “health care provider” includes any health care provider recognized by the employer or accepted by the group health plan of the employer. It also includes clinical social workers. (29 C.F.R. 825.118.)
Types of Leave
An eligible employee may take FMLA leave for: (§825.200) incapacity due to pregnancy, prenatal medical care; the birth and first-year care of a child; (§825.120) the placement of a child with the employee by adoption or foster placement of a child; (§825.121) the serious illness of an employee’s spouse, parent or child; (§825.113, §825.122) the employee’s own serious health condition that keeps the employee from performing the essential functions of their job; (§825.113, §825.123) to care for an eligible member* of the Armed Forces who is undergoing medical treatment, recuperation, or therapy, or is otherwise on the temporary disability list for a serious injury or illness; (§825.122, §825.123) *spouse, son, daughter, parent or next of kin.
Regulations - 4152.6(c) / 4252.6
Personnel - Certified/Non-Certified
Personal Leaves
Types of Leave (continued)
A qualifying exigency (such as making legal, financial, and child care arrangements and taking care of family obligations), as defined by Department of Labor regulations of a spouse, child, or parent of the employee who is on covered active duty in the Armed Forces or has been notified of an impending call or order to covered active duty status in the Armed Forces including deployment to a foreign country or to international waters; and a veteran suffering a service related illness or injury that was incurred or aggravated while on active duty (or existed before the beginning of the service member’s active duty and was aggravated by service in the line of duty on active service) within five years after a veteran leaves service.
An employee may elect, or the District may require, an employee to use accrued paid vacation, personal or family leave for any unpaid portions of family or medical leave taken for any reason. In situations where the leave is for the employee’s own serious health condition, accrued paid sick leave shall be substituted for unpaid portions of family or medical leave prior to the substitution of accrued paid personal and accrued paid vacation leave. The amount of unpaid family or medical leave entitlement is reduced by the amount of paid leave that is substituted. (An employee may elect, or the District may require, an employee to use accrued vacation, personal or medical/sick leave for purposes of a medical leave.) An employee cannot compel the District to permit the employee to use accrued medical/sick leave in any situation which the leave could not normally be used.
In cases in which the employee is absent due to a Worker’s Compensation injury that also qualifies as an FMLA serious health condition, and if the employee agrees with the Board to do so, the Board will apply the employee’s available accrued paid leave in increments as a supplement to the Worker’s Compensation weekly benefit in an appropriate amount so that the employee can maintain their regular weekly income.
All FMLA absences for the same qualifying reason are considered a single leave and the employee maintains eligibility as to that reason for leave throughout the applicable 12-month period.
An eligible employee for FMLA leave must receive at the time of their eligibility notice a written notice of “Rights and Responsibilities” detailing their specific expectations and obligations and explaining the consequences of their failure to meet these obligations. This notice shall include any requirement to provide medical certification, the right to substitute paid leave, payment for benefits and job restoration rights upon expiration of the leave.
Regulations - 4152.6(d) / 4252.6
Personnel - Certified/Non-Certified
Personal Leaves (continued)
Spouses Employed by the School District
If spouses, as defined in this regulation, eligible for leave are employed by this school district, their combined amount of leave for birth, adoption, foster care placement and parental illness will be limited to a maximum combined total leave equal to 12 weeks in any twelve-month entitlement period. If either spouse or both uses a portion of the total 12-week entitlement for the above cited purposes, each is entitled to the difference between the amount they have taken individually and the 12 weeks of FMLA leave for their own or their spouse’s serious health condition in the 12-month entitlement period. An employee may not take FMLA leave to care for a parent-in-law.
Unforeseeable, Continuous, Intermittent and Reduced Leave
Unforeseeable leave involves situations such as emergency medical treatment or premature birth.
Continuous leave is taken for a set number of days or weeks.
Intermittent leave is leave taken in separate blocks of time due to a single illness or injury rather than one continuous period of time.
Reduced leave is a leave schedule that reduces employee’s usual number of hours per work week, or hours per work day.
Intermittent or reduced leave is available only for the employee’s own serious health condition or to care for a seriously ill spouse, child or parent. Such leave may not be used for the birth or adoption/placement of a child or to care for a newborn or recently adopted child. In the case of foreseeable intermittent or reduced leave, the employee must schedule the leave to minimize disruption to the district’s operation.
An employee may take full-time, intermittent or reduced schedule leave whenever it is medically necessary for a serious health condition of the eligible employee, spouse, child or parent. Intermittent leave or reduced schedule leave for other persons will be permitted only with the approval of the Superintendent or designee.
The employee who wishes to use intermittent or reduced leave shall, whenever possible, give prior notification to the District. Although the District and employee may agree to an intermittent or reduced leave plan, the employee who uses family leave is not automatically entitled to use such leave on an intermittent basis or on a reduced leave schedule. The district may provide such leave for medical leave but the district may transfer the employee to a position which is equivalent, but more suitable for intermittent periods of leave provided said leave amounts to more than twenty (20) percent of the total number of working days in the period during which the leave would extend. The employee must furnish the District with the expected dates of the planned medical treatment and the duration of the treatment. The Superintendent must authorize such leave in writing.
Regulations - 4152.6(e) / 4252.6
Personnel - Certified/Non-Certified
Personal Leaves
Employee Entitlement to Service Member FMLA
The federal FMLA and the Connecticut paraprofessional FMLA provisions entitle eligible employees to take leave for a covered family (their spouse, child, or parent) member’s service in the Armed Forces. Except as listed in this section, an employee’s rights and obligations to service member FMLA leave are governed by existing FMLA policy and regulations.
Service member FMLA provides eligible employees unpaid leave for a covered family member’s service in the Armed Forces, for any one or for a combination of the following reasons:
A “qualifying exigency” arising out of a covered family member’s active duty or call to covered active duty in the Armed Forces including deployment to a foreign country or to international waters may include issues arising from short notice deployment, attending certain military events, arranging for alternate childcare, attending school activities, addressing certain financial and legal arrangements, attending certain counseling sessions, engaging in rest and recuperation, parental care and attending post-deployment reintegration briefings as well as participating in additional activities arising out of the active duty or call to active duty. In order to secure leave for a qualifying exigency, employees must submit a completed DOL Form WH-384 along with a copy of the military member’s active duty orders or other documentation issued by the military which indicates that the military member is on covered active duty or call to covered active duty status, and the dates of the military member’s covered active duty service. DOL Form WH 384 must be completed and returned within 15 calendar days of the date the District distributes the Form to the employee;
To care for a covered family member who has incurred a serious injury or illness in the line of duty while on covered active duty in the Armed Forces including a member of the National Guard or Reserves, provided that such duty or illness may render the family member medically unfit to perform duties of the member’s office, grade, rank or rating; and/or
To care for a veteran suffering a service related illness or injury, as long as the veteran was a member of the Armed Forces, National Guard, or Reserves within five years of requiring care.
When leave is due to a “qualifying exigency” of a service member, an eligible employee may take up to 12 work weeks of leave during any 12-month period. Eligible employees can take more than one period of leave if the leave is to care for different covered service members or to care for the same service member with a subsequent serious injury or illness, except that no more than 26 work weeks of leave may be taken within any single 12-month period.
Leave that qualifies both as leave to care for a covered service member and leave taken to care for a family member with a serious health condition during the “single 12-month period” cannot be designated and counted as both leave to care for a covered service member and leave to care for a family member with a serious health condition.
Regulations - 4152.6(f) / 4252.6
Personnel - Certified/Non-Certified
Personal Leaves (continued)
Employees are not obligated to provide notice to the District when they first become aware of a covered family member’s active duty or call to active duty status. An employee’s obligation to provide notice of leave due to a qualifying exigency is triggered when the employee first seeks to take such leave. Where this leave is foreseeable, eligible employees must provide notice to the District that is “reasonable and practicable.”
In compliance with the final FMLA rule, §825.310, separate certification requirements shall be utilized for military caregiver leave. The District shall use the DOL WH-385 (Revised February 2013) form in obtaining medical certifications of Military Caregiver Leave.
When such leave is to care for an injured or ill service member, an eligible employee may take up to 26 work weeks of leave during a single 12-month period to care for the covered service member (either currently serving service member or covered veteran). Leave to care for an injured or ill service member, when combined with other FMLA-qualifying leave, may not exceed 26 weeks in a single 12-month period. In order to care for a covered service member, an eligible employee must be the spouse, child, or parent or next of kin of a covered service member.
Service member FMLA runs concurrent with any other leave entitlements provided under federal, state or local law
In order to secure this extended leave, employees must submit a completed DOL Form WH-385 (current service member) or WH-385 (Veteran). This Form must be completed and returned within 15 days of the date the district distributes the Form to the employee.
Definitions
Covered Service Member: A member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or a covered veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period five (5) years preceding the date on which the veteran undergoes that medical treatment, recuperation or therapy, and was discharged or released under conditions other than dishonorable at any time during the five year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran.
Regulations - 4152.6(g) / 4252.6
Personnel - Certified/Non-Certified
Personal Leaves
Definitions (continued)
Covered Active Duty: In the case of a member of a regular component of the Armed Forces, duty during deployment of the member of the Armed Forces to a foreign country; and in the case of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed forces to a foreign country under a call or order to active duty under a provision of law referred to in 10 U.S.C. §101(a)(13)(B).
Next of Kin: The nearest blood relative of an individual. (In this order: brother, sister, grandparents, aunts, uncles, first cousins) Excluded are the covered service member’s spouse, parent, child, as they already are entitled to leave for this purpose. A covered service member may designate, in writing, another blood relative as their nearest blood relative for purposes of military caregiver FMLA leave. When no such designation is made, and there are multiple family members with the same level of relationship to the covered service member, all such family members shall be considered the covered service member’s next of kin and may take FMLA leave to care for the covered service member either consecutively or simultaneously. When a designation has been made, the designated individual shall be deemed to be the covered service member’s only next of kin.
Outpatient Status:
With respect to a covered service member, this means the status of a member of the Armed Forces assigned to:
(a) a military medical treatment facility as an outpatient; or
(b) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.
Qualifying Exigency:
The U.S. Department of Labor’s definition of this term includes the following eight (8) situations: (1) short-notice deployment, (2) military events and related activities, (3) childcare and school activities, (4) financial and legal arrangements, (5) counseling, (6) rest and recuperation, (7) post deployment activities, and (8) additional activities to address other events which arise out of the covered military member’s active duty or call to active duty status, provided the employer and employee agree that such leave shall qualify as an exigency and agree to both the timing and duration of such leave. (See form WH-384)
Regulations - 4152.6(h) / 4252.6
Personnel - Certified/Non-Certified
Personal Leaves
Definitions (continued)
“Single 12-Month Period” The U. S. Department of Labor has determined that for purposes of military caretaker leave is a period that commences on the date an employee first takes leave to care for a covered service member with a serious injury or illness.
Serious Injury or Illness:
In the case of a current member of the Armed Services, including a member of the National Guard or Reserves, means an injury or illness incurred by the member in the line of duty on active duty in the Armed Forces or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces and that may render the member medically unfit to perform the duties of the member’s office, grade, rank or rating.
In the case of a covered veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during a period of five (5) years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy, means a qualifying (as defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces or existed before the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces and that manifested itself before or after the member became a veteran, and is
(i) a continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the service member unable to perform the duties of the service member’s office, grade, rank, or rating; or
(ii) a physical or mental condition for which the covered veteran has received a U.S. Department of Veterans Affairs Service-Related Disability Rating (VASRD) of 50 percent or greater, and such VASRD rating is based, in whole or in part, on the condition precipitating the need for military caregiver leave; or
(iii) a physical or mental condition that substantially impairs the covered veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service, or would do so absent treatment; or
Regulations - 4152.6(i) / 4252.6
Personnel - Certified/Non-Certified
Personal Leaves
Definitions (continued)
(iv) an injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
In order to secure this extended leave, employees must submit a completed DOL Form WH-385 (current service member) or WH-385V (veteran). This Form must be completed and returned within 15 calendar days of the date the District distributes the Form to the employee.
Leave to Care for a Covered Service Member
If the necessity for leave is foreseeable based on planned medical treatment, the employee shall:
1. make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the District; and
2. provide the District with at least 30 days’ notice, before the date the leave is to begin, of the employee’s intention to take leave. If the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.
The Board of Education may require that a request for leave to care for a covered service member be supported by a certification issued by the health care provider of the person in need of care. The employee shall provide, in a timely manner, a copy of such certification to the District.
Certification will be sufficient if it states:
1. the date on which the serious health condition or serious injury or illness commenced;
2. the probable duration of the condition; and
3. the appropriate medical facts within the knowledge of the health care provider regarding the condition.
If leave is to be taken on an intermittent or reduced leave schedule for planned medical treatment, the certification must contain the dates on which such treatment is expected to be given and the duration of such treatment.
Regulations - 4152.6(j) / 4252.6
Personnel -- Certified/Non-Certified
Personal Leaves (continued)
Leave Related to Active Duty or a Call to Active Duty
If the necessity for leave because of a qualifying exigency arising from the fact that a family member is on covered active duty or has been notified of an impending call to active duty is foreseeable, the employee shall give such notice to the District as is reasonable and practicable.
The Board may require that a request for leave because of a qualified exigency arising from the fact that the employee’s spouse, child, or parent or covered service member is on covered active duty or has been notified of an impending call to covered active duty be supported by a certification issued in accordance with regulations issued by the Secretary of Labor. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the school district.
Benefits
The District will maintain the employee’s health coverage under the District’s group health insurance plan during the period of FMLA leave. The Board will continue to pay its portion of medical insurance premiums for the period of unpaid family or medical leave. The employee should make arrangements with the District to pay the employee’s share of health insurance (e.g. family coverage) prior to the beginning of the FMLA leave, to avoid loss of coverage. If the employee does not return to work after the leave’s expiration, the employee will be required to reimburse the District for payment of medical insurance premiums during the FMLA leave, unless the employee does not return because of a serious health condition or circumstances beyond the control of such employee.
The employee will not lose any other employment benefit accrued prior to the date on which leave began but is not entitled to accrue seniority or employment benefits during the leave period. Employment benefits could include group life insurance, sick leave, annual leave, educational benefits and pensions.
Notice
When the FMLA leave is foreseeable, the employee must notify the District in writing of his/her request for leave at least 30 days prior to the date when the leave is to begin. The employee must explain the reasons for the needed leave so as to allow the District to determine whether the leave qualifies under FMLA. Failure to give notice may result in the leave beginning thirty days after notice was received. If the leave is not foreseeable, the employee must give notice as early as is practical under the facts and circumstances of the particular case, but no later than one to two work days after learning that leave will be necessary. A spouse or family member or other responsible party may give the notice if the employee is unable to personally give notice. When the employee requests medical leave, the employee must make reasonable attempts to schedule treatment so as not to disrupt the District’s operations.
Regulations - 4152.6(k) / 4252.6
Personnel -- Certified/Non-Certified
Personal Leaves
Notice (continued)
The District, as required, will post and keep posted on its premises, a notice explaining the provisions of FMLA and with information concerning the procedures for filing complaints of violations of the Act. Electronic posting is sufficient to meet this posting requirement. The notice must be posted even if the District has no FMLA-eligible employees. The FMLA notice, in the absence of an employee handbook, shall be given to each employee when hired.
The District, when a request for FMLA leave is received, will provide the employee the following information, listing the employee’s obligations and requirements:
A statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee’s annual 12-week entitlement.
A reminder that employees requesting family and medical leave for a serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so.
An explanation of the employee’s right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution.
A statement notifying employees for paying any premium or other payments to maintain health or other benefits.
(This notice may be accompanied by the FMLA medical certification form if the District requests its employees to complete such form. The notice of rights and responsibilities may be distributed electronically.)
The District must notify the employee, in writing, of his/her eligibility to take FMLA leave within five (5) business days of receiving said request, with medical certification(s) and any other required information, absent extenuating circumstances. The District may provide the “Eligibility” and “Designation” notices at the same time if there is sufficient information to do so.
In situations where the District has failed to provide timely notice and the delay does not cause the employee harm or injury, retroactive notice may be provided. In all cases where leave would qualify for FMLA leave protection, the District and the employee can mutually agree that the leave be retroactively designated as FMLA leave.
District failure to provide required notice can be considered “interference” with an employee’s FMLA rights.
Regulations - 4152.6(l) / 4252.6
Personnel -- Certified/Non-Certified
Personal Leaves
Notice (continued)
The District may deny the leave if the employee does not meet the notice requirements.
Certification
The District shall require the employee to provide certification of the employee’s serious health condition from a health care provider containing specific information required under the law if an employee requests a medical leave. If there is a question concerning the validity of such certification a second, and, if necessary, a third opinion can be required both at the expense of the District. The health care provider designated or approved by the District may not be employed by the school system on a regular basis. In the case of a third opinion, the opinion of the third health provider will be binding on both the school district and the employee. The District shall also require the employee to present medical certification of the family member’s serious health condition and that it is medically necessary for the employee to take leave to care for the family member.
If the leave was for reasons related to the employee’s serious health condition, upon the employee’s return to work, the District will require that the employee present a fitness statement from the employee’s health care provider certifying that the employee is able to return to work.
The required certifications must be obtained from the health care provider who is treating the individual with the serious health condition.
Medical certification must be provided fifteen days after the request for medical certification unless it is impracticable to do so. Employees taking family and medical leave for the birth, adoption or foster care of a child are not required to obtain a medical certification. The District may request recertification every thirty days. Recertification must be submitted within fifteen days of the District’s request.
The District will utilize separate medical certificates forms when employees request leave to care for a family member with a serious health condition and for those situations when the medical need for leave is prompted by the employee’s own serious health condition.
The District will notify employees, in writing, of any additional information that is necessary to complete the medical certificate and allow employees seven (7) calendar days to provide said additional information. If the employee fails to submit a complete and sufficient certification despite the opportunity to cure the deficiency, the District may deny FMLA leave.
Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification shall be denied until such certification is provided. The District requires sufficient FMLA certification in support of any request for FMLA leave for either the employee’s own or a covered family member’s serious health condition.
Regulations - 4152.6(m)
4252.6
Personnel -- Certified/Non-Certified
Personal Leaves
Certification (continued)
Verification must also be presented when requesting FMLA leave to care for the employee’s spouse, child, or parent with a serious health condition.
Upon request by the District, employees must provide FMLA certification even when substituting paid leave.
The District may request medical recertification for continuing, open-ended conditions, every six months. Medical recertification may be requested on a more frequent basis if there are other changed circumstances or for other reasons as outlined in the FMLA regulations.
The District may require annual medical certifications in cases where serious health conditions extend beyond a single leave year. This does not apply to certificates to support a request for injured service member leave.
Restoration
An employee’s right to return to the same or an equivalent position is contingent upon the employee’s continued ability to perform all the essential functions of the position. The District may demand more than a “simple statement” of the ability to return to work. Fitness for duty certification for intermittent leave may be requested by the District if reasonable safety concerns exist.
When the employee returns from leave, the District will restore the employee to the same or an equivalent position with equivalent benefits, pay, terms and conditions of employment shift, and geographically proximate workplace in accordance with Board policy, practices and applicable collective bargaining unit agreements. Employees are entitled to any unconditional pay increase, such as cost of living increases, that occur during the period to their FMLA leave.
Under certain circumstances, the District may deny restoration to a key employee. The District will comply with the notice requirements of the FMLA in denying restoration. A key employee is one who is among the highest paid 10% of the employees and whose absence would cause the District to experience a substantial and grievous economic injury.
Further, the District may deny restoration to an employee if the District shows that the employee would not otherwise be employed at time of reinstatement for reasons such as layoff, shift or special project elimination. In addition, collective bargaining agreements between the Board and employee groups will not diminish the rights of the employee established by FMLA.
A returning employee cannot be restored to a position that requires additional licensure of certification.
Employees are not entitled to accrue seniority during any FMLA leave, but taking the leave may not result in the loss of any benefits that were accrued prior to the leave.
Regulations - 4152.6(n) / 4252.6
Personnel -- Certified/Non-Certified
Personal Leaves (continued)
Instructional Employees
Special rules apply to instructional employees. Instructional employees are those employees whose principal function is to teach and instruct students in a class, a small group, or an individual setting. This term includes teachers, athletic coaches, driving instructors and special education assistants such as signers for the hearing impaired. It does not include teacher assistants or aides who do not have as their principal job actual teaching or instructing, nor does it include auxiliary personnel such as counselors, psychologists or curriculum specialists. It also does not include cafeteria workers, maintenance workers or bus drivers.
Limitations apply to instructional employees who take intermittent or reduced leave. If the leave requested is:
1. to care for a family member, or
2. for the employee’s own serious health condition and is foreseeable based on planned medical treatment (i.e. chemotherapy, prenatal visits, physical therapy etc.) and
3. the employee would be on leave for more than 20% of the total number of working days over the period the leave would extend, then the District may require the employee to choose either to:
take the leave for a period of a particular duration, not greater than the duration of the planned treatment; or
transfer temporarily to an available alternative position for which the employee is qualified, which has equivalent pay and benefits, and which better accommodates recurring periods of leave than does the employee’s regular position. However, an instructional employee cannot be transferred to an alternative position when the employee takes intermittent leave that amounts to twenty (20) percent or less of the total number of working days in the period during which the leave would extend.
Intermittent leave is not available to take care of a newborn or recently adopted child.
Limitations also apply to instructional employees who take leave near the end of a semester. When an instructional employee begins leave more than five weeks before the end of a semester the District may require the employee to continue taking leave until the end of the semester if:
the leave will last at least three weeks, and
the employee would return to work during the three-week period before the end of the semester.
An instructional employee, required to extend their leave by the District shall not have the “extra” leave counted against the employee’s 12 work week entitlement unless the employee requests said additional leave be counted against the FMLA entitlement.
Regulations - 4152.6(o) / 4252.6
Personnel -- Certified/Non-Certified
Personal Leaves
Instructional Employees (continued)
When an instructional employee begins leave for a purpose other than the employee’s own serious health condition during the five-week period before the end of the semester, the District may require the employee to continue taking leave until the end of the semester if:
1. the leave will last more than two weeks, and
2. the employee would return to work during the two-week period before the end of the semester.
When an instructional employee begins leave for a purpose other than the employee’s own serious health condition during the three-week period before the end of a semester, and the leave will last more than five working days, the district may require the employee to continue taking leave until the end of the semester.
Leave may not be counted against an employee during times (vacation periods) when they are not normally required to work.
When the employee is required to take leave until the end of the semester, only the time until the employee is “ready and able” to work shall be charged to FMLA leave.
Failure to Return
The District is entitled to recover health care premiums paid during the leave if the employee fails to return from leave. However, recovery cannot occur if the employee fails to return because of the continuation, recurrence, or onset of a serious health condition or due to circumstances beyond the control of the employee.
Miscellaneous
1. An employee’s serious health condition may also be a disability within the meaning of the Americans with Disability Act (ADA) which may also trigger requests for paid leave or workers’ compensation benefits. The District may follow procedures for requesting medical information under the ADA or paid leave or worker’s compensation programs without violating the FMLA. The District may also consider any information received pursuant to such procedures or benefit programs in determining an employee’s entitlement to FMLA-protected leave.
2. When employees seek leave due to an FMLA–qualifying reason for which the District has previously provided FMLA protected leave, the employee must specifically reference the qualifying reason for leave or the need for FMLA leave.
3. The District requires employees to comply with all usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances. The requirements include providing written notice of the reasons and anticipated start and duration of the leave or requirement that employees contact a specific individual of the District to request leave.
4. If there is a dispute between the District and an employee as to whether leave qualifies as FMLA leave, it shall be resolved through discussions between the District and the employee. The discussions and decisions must be documented in writing.
Appendix I: request for leave form
Appendix II: response to leave form
Special Provisions Concerning
Instructional Employees
In addition to the general leave requirements summarized for the Family and Medical Leave Act, the Act contains special rules which govern the family and medical leave rights of instructional employees. Instructional employees are those employees whose principal function is to teach and instruct students in a class, small group or in an individual setting. This term includes teachers, athletic coaches, driving instructors and special education assistants such as signers for the hearing impaired. It does not include auxiliary personnel such as counselors, psychologists, curricular specialists, cafeteria workers, bus drivers or teacher aides who do not have as their principal job actual teaching or instruction. These special rules represent a Congressional effort to balance the educational needs of children with the family and medical leave needs of teachers.
The first special rule applies in cases where a teacher or other instructor needs to be out of the classroom intermittently or on a reduced schedule because of planned medical treatments for a serious health condition. If the teacher would be on leave for greater than 20 percent of the total number of working days during which the leave would extend, the Board may require the teacher to choose between (1) being temporarily transferred to a position outside of the classroom, which has equivalent pay and benefits and which better accommodates the teacher’s need for recurring leave; or (2) taking continuous leave for the entire treatment period rather than a leave on an intermittent basis.
The second special rule applies in cases where a teacher or other instructor is scheduled to return from a family or medical leave near the end of a school term. A teacher may be required to extend the leave through the end of a term if he or she would otherwise have returned within the last two or three weeks of the term’s end, depending on when the leave began and its duration. This special rule applies in three instances: (1) when a teacher begins a leave of at least 3 weeks duration more than 5 weeks before the end of the term, and the teacher is scheduled to return to school during the last 3 weeks of such term; (2) when a teacher begins a leave of at least 2 weeks duration within the 5-week period preceding the end of the term, and the teacher is scheduled to return to school during the last 2 weeks of such term; or (3) when a teacher begins a leave of at least 5 days duration within the 3-week period preceding the end of the term. In each of these instances, the Board of Education may require the teacher to extend their leave until the end of the semester in order to afford the teacher the needed leave without interrupting the educational process at a critical point in the school year. In such cases, the teacher possesses the same rights to reemployment and continuation of health insurance benefits as are provided under the Act’s general provisions.
An instructional employee, when required by the District to extend their leave, shall not have the “extra” leave counted against the employee’s 12 work week entitlement unless the employee requests said additional leave be counted against the FMLA entitlement.
Summary of Family and Medical Leave Act
The purpose of the Family and Medical Leave Act is to provide an unpaid leave of absence which enables employees to be absent from work for up to 12 work weeks without losing certain benefits. Such requests must be submitted in writing to the Superintendent. Such requests will be approved in accordance with the procedure outlined below and in compliance with the Family and Medical Leave Act.
Eligible Employees
Employees are eligible for family and medical leave under the Family and Medical Leave Act of 1993 if these criteria are met:
1. The employee has worked for the District for at least twelve months or 52 weeks. (The months and weeks need not be consecutive.)
2. The employee has worked at least 1,250 hours within the previous year. Full time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.
3. A paraprofessional is also eligible to benefits equal to those under the federal FMLA if such paraprofessional was employed for at least one year and for at least 950 hours over the previous twelve month period preceding the commencement of the leave.
4. A paraprofessional is defined as a school employee who performs duties that are instructional in nature or delivers either direct or indirect services to students and/or parents and serves in a position for which a teacher has ultimate responsibility for the design and implementation of educational programs and services.
Eligible Reasons for Family and Medical Leave
1. Because of the birth of a child of the employee and in order to care for such a child.
2. Because of the placement of a child with the employee for adoption or foster care.
3 In order to care for the spouse, or child, or parent of the employee if the spouse, child, or parent has a serious health condition.
4. Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.
5. Because of any qualifying exigency arising out of the fact that the employee’s spouse, child, or parent is a covered military member on active duty or has been notified of an impending call or order to active duty in support of a contingency operation.
Summary of Family and Medical Leave Act
Employee Obligations
When an employee requests family and medical leave, the school District will provide the employee with information listing the employee’s obligations and requirements. Such information will include:
1. A statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee’s annual 12-week entitlement.
2. A reminder that employees requesting family and medical leave for a serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so.
3. An explanation of the employee’s right to substitute paid leave for family and medical leave including a description of when the school District requires substitution of paid leave and the conditions related to the substitution.
4. A statement notifying employees for paying any premium or other payments to maintain health or other benefits.
Types of Leave
1. Foreseeable Family and Medical Leave
a. Definition – Leave is foreseeable for the expected birth or placement of a child or for planned medical treatment.
b. The employee must give at least thirty days’ notice for foreseeable leave. Failure to give the notice may result in the leave beginning thirty days after notice was received.
c. An employee must consult with the District prior to scheduling planned medical treatment to minimize disruption to the District. The scheduling of the planned medical treatment is subject to the approval of the health care provider.
2. Unforeseeable Family and Medical Leave
a. Definition – Leave is unforeseeable in such situations as emergency medical treatment or premature birth.
b. An employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.
c. A spouse or family member may give the notice if the employee is unable to personally give notice.
Summary of Family and Medical Leave Act
Types of Leave
3. Continuous, Intermittent, and Reduced Leave
a. Continuous – Employee will not report to work for a set number of days or weeks.
b. Intermittent – Employee requests family and medical leave for separate period of time.
c. Reduced – Employee’s usual number of working hours per work week or hours per day are reduced.
d. Intermittent and Reduced Leave
1. Intermittent leave is available for the serious health condition of the employee, spouse, parent or child when medically necessary, or to care for a covered service member with a serious illness or injury.
2. In the case of foreseeable intermittent or reduced leave, the employee must schedule the leave to minimize disruption to the District’s operation.
3. During the period of foreseeable intermittent or reduced leave, the District may temporarily move the employee to an alternative position with equivalent pay and benefits that would better accommodate recurring periods of leave, provided the leave amounts to more than twenty (20) percent of the total number of working days in the period during which the leave would extend.
4. Service Member Family and Medical Leave
The federal FMLA and Connecticut paraprofessional FMLA entitles eligible employees to take leave for a covered family member’s service in the Armed Forces. Except as listed in this section, an employee’s rights and obligations to service member FMLA leave are governed by existing FMLA policy and regulations.
Service member FMLA provides eligible employees unpaid leave for a covered family member’s service in the Armed Forces, for any one or for a combination of the following reasons:
A “qualifying exigency” as defined by Department of Labor regulations arising out of a covered family member’s covered active duty or Federal call to covered active duty (includes National Guard and Reserves) in the Armed Forces including deployment to a foreign country or to international waters;
To care for a covered family member who has incurred serious injury or illness in the line of duty while on covered active duty in the Armed Forces (including as a member of the National Guard or Reserves) provided that such duty or illness may render the family member medically unfit to perform duties of the member’s office, grade, rank or rating;
Summary of Family and Medical Leave Act
Types of Leave
To care for a covered family member who is a veteran who is undergoing medical treatment, recuperation or therapy for a service related illness or injury that was incurred or aggravated while on active duty and manifested itself before or after the member became a veteran, within five years after a veteran leaves service; and/or
To care for a parent of a military member called to active duty provided the military member is the spouse, parent or child of the employee.
When leave is due to a “qualifying exigency” as defined by Department of Labor regulations of a service member, an eligible employee may take up to 12 work weeks of leave during any 12 month period. Such leave may be taken on an intermittent or reduced leave schedule basis.
When such leave is to care for an injured or ill service member, an eligible employee (spouse, child, parent or next of kin) may take up to 26 work weeks of leave during a single 12 month period to care for the service member. Leave to care for an injured or ill service member, when combined with other FMLA-qualifying leave, may not exceed 26 weeks in a single 12 month period.
Service member FMLA runs concurrent with any other leave entitlements provided under federal, state or local law.
Use of Paid Leave
Employees may be required to use paid leave and vacation days at the start of the leave. The remainder of the days will be unpaid. Employees may elect to substitute accrued paid leave for unpaid family and medical leave.
Medical Certification
1. An employee shall be required to present medical certification of the employee’s serious health condition and inability to perform the functions of the position of the employee.
2. An employee shall be required to present medical certification of the family member’s serious health condition and that it is medically necessary for the employee to take leave to care for the family member.
3. An employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.
4. The District may require the employee to obtain a second certification by a health care provider chosen by and paid for by the District if the District has reason to doubt the validity of the certification an employee submits. The second health care provider cannot, however, be employed by the District on a regular basis.
Summary of Family and Medical Leave Act
(Winchester District Provisions)
Medical Certification
5. If the second health care provider disagrees with the first health care provider, then the District may require a third health care provider to certify the serious health condition. This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district. This certification or lack of certification is binding upon both the employee and the District.
6. Medical certification must be provided fifteen days after the request for medical certification unless it is impracticable to do so. Employees taking family and medical leave for the birth, adoption or foster care of a child are not required to obtain a medical certification. The District may request recertification every thirty days. Recertification must be submitted within fifteen days of the District’s request.
7. Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification shall be denied until such certification is provided.
8. Any absence for illness for more than three (3) working days must be verified by a medical doctor. Verification must also be presented when requesting FMLA leave to care for the employee’s spouse, child, or parent with a serious health condition.
Continuation of Benefits
The employer must, if the employee elects to do so, maintain the employee’s coverage under any group health plan on the same conditions as coverage would have been provided if the employee remained at work for the twelve week period. Accruals for vacation, sick and holiday pay will be suspended during the leave and will resume upon return to active employment. Should an employee fail to return from a leave taken pursuant to the Family and Medical Leave Policy, the District may recover any premiums it has paid for maintaining group insurance during the employee’s leave unless the employee’s failure to return is prevented by a continuation of the employee’s serious health condition or that of an affected relative or circumstances beyond the employee’s control.
Employee and Spouse Both Employed by District
If an employee and the employee’s spouse are both employed by the District and a leave is taken for the birth, adoption or foster care of a child, or the care of a parent, the duration of the leave taken by both the employee and the spouse must not exceed 12 weeks in total.
Position Upon Return to Work
Upon return from leave, the employee will be restored to the employee’s former position or an equivalent position with similar duties, hours and pay. The provisions of the Family and Medical Leave Policy are intended to comply with applicable law, including the Family and Medical Leave Act of 1993 (“FMLA”) and applicable regulations. Any terms used from the FMLA will be defined by that Act and/or applicable regulations. To the extent that this Policy is ambiguous or contradicts applicable law, the language of the applicable law will prevail.
rev. 3/13
rev 11/14
EMPLOYEE RIGHTS AND RESPONSIBILITIES
UNDER THE FAMILY AND
MEDICAL LEAVE ACT
Revised October 2014
Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:
For incapacity due to pregnancy, prenatal medical care or child birth;
To care for the employee’s child after birth, or placement for adoption or foster care;
To care for the employee’s spouse, child, or parent, who has a serious health condition; or
For a serious health condition that makes the employee unable to perform the employee’s job.
Military Family Leave Entitlements
Eligible employees with a spouse, child or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform their duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.
Benefits and Protections
During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
Eligibility Requirements
Employees are eligible for federal FMLA benefits if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.
Paraprofessionals, as defined in state statute, are eligible if they have worked for a covered employer for at least one year, for 950 hours over the previous 12 months.
EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.
Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies.
Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.
Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.
Employer Responsibilities
Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility.
Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
Interfere with, restrain, or deny the exercise of any right provided under FMLA;
Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.
FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.
FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice. Regulations 29 C.F.R. § 825.300(a) may require additional disclosures.
For additional information:
1-866-4US-WAGE (1-800-487-9243) TTY: 1-877-889-5627
WWW.WAGEHOUR.DOL.GOV
U.S. Department of Labor Wage and Hour Division
WHD Publication 1420 – Revised February 2013
NOTICE
Military Family Leave
On January 28, 2008, President Bush signed into law the National Defense Authorization Act for FY 2008 (NDAA), Public Law 110-181. Section 585(a) of the NDAA amended the FMLA to provide eligible employees working for covered employers two important new leave rights related to military service:
(1) New Qualifying Reason for Leave. Eligible employees are entitled to up to 12 weeks of leave because of “any qualifying exigency” arising out of the fact that the spouse, child, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation. By the terms of the statute, this provision requires the Secretary of Labor to issue regulations defining “any qualifying exigency.” In the interim, employers are encouraged to provide this type of leave to qualifying employees.
(2) New Leave Entitlement. An eligible employee who is the spouse, child, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to 26 weeks of leave in a single 12-month period to care for the service member. This provision became effective immediately upon enactment. This military caregiver leave is available during “a single 12-month period” during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave.
Additional information on the amendments and a version of Title I of the FMLA with the new statutory language incorporated is available on the FMLA amendments Web site at http://www.dol.gov/esa/whd/fmla/NDAA_fmla.htm.
Policy # 4152.6(a) Family and Medical Leave Act
Recruitment and Selection
Policy # 4211
Adopted: 1/11/1996
Supersedes / Amends: D. Hiring Practices 9/15/92
It is the responsibility of the superintendent of schools and of persons designated by the superintendent to determine the personnel needs of the school district and to locate suitable candidates to recommend for employment to the board of education. An estimate of the cost of the recruitment and selection program will be made annually by the superintendent and presented to the board of education for inclusion in the annual budget.
No inquiry in regard to an employee's race, color, religious creed, sex or national origin shall be made of a person proposed for or seeking employment.
Prior to initial employment, a physician shall certify to the superintendent of schools that said employee is in good health and in fit condition for service. It shall be the duty of the superintendent of schools to see that persons nominated for employment shall meet all qualifications established by law and by the board of education for the type position for which nomination is made.
Legal Reference: Connecticut General Statutes
46a-60 Discriminatory Employment Practices Prohibited
Board of Education Policy Regarding:
Occupational Exposure to Bloodborne Pathogens
Policy # 4410
Amended: 8/8/23
Supersedes / Amends: 9/14/93, 1/11/96
The Board of Education recognizes that communicable disease exposure is an occupational health hazard and places the highest priorities on occupational safety. The health and welfare of each staff member is a joint concern of the Board and employees. While each employee is ultimately responsible for their own health, the Board recognizes a responsibility to provide as safe a workplace as possible. The goal is to provide all employees with protection from occupationally acquired communicable diseases. Each employee must follow diligently prescribed safety practices. Failure to comply with the procedures that accompany this policy may result in disciplinary action up to and including termination.
Legal Reference: Federal Occupational Health and Safety Act,
29 U.S.C. 655, 657
Possession of Fire Arms or Deadly Weapons on School Grounds
Policy # 4500
Adopted: 11/10/98
Supersedes / Amends: Amends
The Board of Education is responsible for maintaining a safe environment for learning. Except as otherwise authorized in writing by the Superintendent, the Board of Education prohibits the possession of any firearm or deadly weapon, including a pistol or revolver, on school grounds or at a school sponsored activity, regardless of whether that person possesses a permit for the weapon involved. Any employee who violates this policy may be disciplined, up to and including termination. Any student who violates this policy will be subject to expulsion proceedings pursuant to Board policy and Connecticut General Statutes 10-233d.
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