Transcript MYTHS, WIVES’ TALES & URBAN LEGENDS DEBUNKING ER MISCONCEPTIONS JUNE 2015 EMPLOYEE CIVILITY The Myth – “A staff member is a known “complainer” but there’s nothing.

MYTHS, WIVES’
TALES & URBAN
LEGENDS
DEBUNKING ER MISCONCEPTIONS
JUNE 2015
EMPLOYEE CIVILITY
The Myth – “A staff member is a known “complainer” but there’s
nothing I can do.”
The Truth - While every employee has a right to an opinion, when
acting as a representative of the District, employee actions are
governed by District policy and the Principles of Professional
Conduct for Florida Educators (applicable to all District employees).
In addition, the First Amendment does not allow a person to engage
in any speech that will create a disruption to the orderly workings of a
school or that would be considered disparaging towards any other
person or protected class. As an organization, we have the right to
set standards for behavior, including staff and student verbal and
nonverbal expressions.
Examples: Giving personal opinion on student-led Day of Silence.
Making derogatory or degrading comments about other employees.
PERFORMANCE
ISSUES
The Myth – “It’s impossible to fire a bad employee.”
The Truth – All employees are bound by Board Policies and as
conditions of their employment. Continued performance, skill or
behavioral deficiencies, when addressed and documented
correctly, can be cause to recommend termination or nonrenewal
of contracts.
If an employee’s behavior or performance warrants a disciplinary
action, either formal or informal, then the administrator is
obligated to address it. The Office for Employee Relations
regularly assists administrators with terminating or nonreappointing employees who do not meet performance
expectations.
USE OF ESEMBLER
The Myth: “I can’t FORCE employees to use eSembler. I can only
request that they do.”
The Truth: The purpose of eSembler is to keep stakeholders
informed regarding student progress, thus it is reasonable to
expect that grades are entered consistently. Many administrators
in our district require this and have documented employees who
do not meet this expectation.
INSTRUCTIONAL
INCOMPETENCY
The Myth: “The only way to document instructional incompetency
is through the Marzano framework.”
The Truth: Instructional staff are responsible for many essential
tasks, including classroom instruction. Other elements that are
required include lesson planning, classroom management,
participation in PLCs, timely grading of student work, maintaining
a gradebook, timely response to parent calls/emails, mandatory
participation in team/student meetings, documentation of required
paperwork, etc.
The Office for Employee Relations can assist with documenting
both in connection with and separate from the instructional
evaluation cycle.
LETTER WRITING
The Myth – “Written documentation is complicated and timeconsuming.”
The Truth – Every administrator is expected to be able to conduct
a disciplinary meeting and to summarize the meeting in
documentation provided to the employee. However, the ER staff
has provided template of formal and informal letters in our Taking
Action Manual for administrators to use. Some situations may call
for ER staff to support you in an employee meeting.
Administrators should ask ER to review every formal
documentation for content and clarity prior to issuing it to the
employee.
PROBATIONARY
RELEASES
The Myth: “I don’t need any documentation, I can just let an
employee go during their probationary period.”
The Truth: Although a probationary release can be made without
just cause, our District typically requires that an employee be
notified of their deficiencies and administration’s expectations
before they are released during probation.
You must notify Employee Relations when you are considering
this option so we can request approval from the Superintendent.
ER OFFICE
The Myth – “ER responds to all employee questions.”
The Truth – There are many things that the Office for Employee
Relations’ doesn’t handle including leaves, benefits, and
paychecks.
If you’re not sure which department can respond to an employee’s
question, please investigate before providing the employee with
contact information. We’re happy to assist you with finding the
proper department to assist you.
EXTENDING HOLIDAY
LEAVES
The Myth – “If an employee has accumulated vacation time, I can’t
deny their request for time off.”
The Truth – Administrators have a responsibility to maintain
sufficient staff to sustain the orderly operations of the worksite. If
granting a leave request would result in a significant disruption, it can
be denied with an explanation that the employee can resubmit the
request with different dates. Employees are eligible for time off but
not always entitled to take it. That being said, if an employee has
earned vacation time, we should try to allow them to take it, when
possible.
If there is a date that several employees have requested off, we
recommend implementing a “first asked, first approved” policy. If two
employees submit a request at the same time and only one can be
approved, you can use seniority status to determine who gets to use
the vacation time.
ATTENDANCE
TRACKING
The Myth: I cannot do anything if they have paid time or a
doctor’s note.
The Truth: Employees’ attendance can be addressed even if it is
paid time. Please contact Employee Relations before addressing
an employee’s attendance that involves a medical reason.
PLANNING TIME
The Myth: “It’s okay to allow staff with child care issues to come
in late every day, I can just give her planning first period.”
The Truth: All employees must be at their assigned worksite
through the duration of their contracted work hours. Employees
MAY leave the worksite during an unpaid lunch but they may not
leave during any paid time, including planning time.
INVESTIGATIONS
The Myth: “ER will investigate every employee concern at my
worksite.”
The Truth: Most complaints are addressed by the school
administrator or department supervisor. ER staff is involved when
complaints are based on a legally protected class (i.e. race, sex,
age), when CPI is investigating and/or if any formal disciplinary
action may be taken based on the outcome of the investigation.
INVESTIGATION
BASICS
The Myth: “Some complaints are so absurd that I don’t even need
to address them.”
The Truth: Administrators should take all complaints seriously
and initiate a timely and confidential investigation that allows the
complainant, the respondent, and all relevant witnesses to be
heard. The investigation will conclude with one of three findings:
the claim will be unsubstantiated (no wrong-doing), the claim will
be substantiated (obvious wrong-doing) or you will not be able to
make a determination based on the information collected. The
outcome should be given to the involved parties and any
appropriate disciplinary actions taken. Investigation
documentation should be preserved and any patterns of behavior
should be addressed.
SOCIAL MEDIA
GUIDELINES
The Myth: “What employees post on their own time is their own
business.”
The Truth: Not if it crosses into or disrupts the work place.
Employees may post their personal opinions about people or the
school but they may not bully or threaten colleagues or students.
Posts must remain in line with the Ethical Standards for
Employees and may not violate District Policy.
CIVIL RIGHTS
The Myth: The District is promoting alternative lifestyles as part of
a liberal agenda.
The Truth: Regardless of any personal opinions, the District
believes that all members of the school community should feel
safe and respected and the District is committed to the protection
of civil rights.