4000

All school employees shall be held responsible for familiarizing themselves with the printed policies of the Board and shall be held accountable for compliance.

Unless the context or content of a policy provides otherwise, the 3000 policy series applies to instructional personnel and the 4000 policy series applies to support personnel.

Legal Reference: G.S. 115C‑47

Adopted: June 5, 2000

4005 4005

3005 CODE OF ETHICS AND STANDARDS OF CONDUCT 3005

8305 8305

Each employee is responsible for both the integrity and the consequences of his or her own actions. The highest standards of honesty, integrity, and fairness must be exhibited by each employee when engaging in any activity concerning the school system, particularly in relationships with vendors, suppliers, students, parents, the public, and other employees. Employee conduct should be such as to protect both the person's integrity and/or reputation and that of the school system. An unswerving commitment to honorable behavior by each and every employee is expected. Integrity can accommodate the inadvertent error and the honest difference of opinion; it cannot accommodate deceit or subordination of principle.

Each employee should conduct himself in such a manner as to promote a safe, secure, and orderly school environment. Further, each employee’s conduct should foster a climate of respect at the school and, thus, by example demonstrate that appropriate personal conduct should be a priority for all students and all school employees.

Employees shall perform their jobs in a competent and ethical manner without violating either the public trust or applicable laws, policies and regulations. It is not practical or possible to enumerate all of the situations that might fall under the guidelines of this policy. In addition to other policies, regulations and approved practices that have been established covering specific areas of activity (such as purchasing), the absence of law, policy or regulation covering a particular situation does not relieve an employee from the responsibility to exercise the highest ethical standards at all times.

The Superintendent shall develop in Regulations and Procedures guidelines which address the specifics related to this policy.

Legal Reference: G.S. 14-234 to -236; 115C-47 and –105.47.

Adopted: June 5, 2000

4007 4007

3007 DRUG-FREE WORKPLACE 3007

8307 8307

The Pamlico County Board of Education believes that work environments must be free of employees who are under the influence of alcohol or illegal drugs, or who abuse prescription drugs. It is the purpose of this policy to ensure that all employees are free of these substances so that they may perform their tasks safely and efficiently. Emphasis will be placed on rehabilitation of employees who abuse drugs or alcohol so that they may live up to their responsibilities and the standards set by this policy. All employees should be aware of the harmful effects and dangers of alcohol and other drug abuse. Specifically, an employee working under the influence of alcohol or drugs:

A. May create unsafe conditions for other employees and students;

B. May perform unsatisfactorily and may adversely affect the performance of those who work with him;

C. May discredit the Pamlico County Schools and cause disrespect for both the Board of Education and the Pamlico County Schools among students and parents.

D. May violate the duty of all Pamlico County Schools employees to serve as role models for students.

I. Definitions

For the purposes of this policy, the following definitions shall apply:

A. A "Category A employee" is one whose primary duty includes being a school bus driver, an activity bus driver, a driver's education teacher, a bus mechanic, or a security officer. Because of the sensitive nature of the duties of these employees and because misjudgment by such employees may have an immediate impact on the safety and physical well-being of students and other school personnel, the Board has established a special category for these employees.

B. "Illegal drugs" are defined as controlled substances when used for non-medical purposes and substances which may affect or alter bodily functions, judgment, or perception when used for non-medical purposes, whether listed as a controlled substance or not. The North Carolina Controlled Substances Act (N.C. Gen. Stat. Ch. 90, Art. 5) and the United States Controlled Substances Act (21 U.S.C. § 801 et seq.) define "controlled substances" and make them illegal when used for non-medical purposes.

C. "Under the influence" is defined as being that state when an employee's behavior or performance is affected to an observable extent by alcohol, drugs or other substances. Without regard to an employee's behavior or performance, an employee shall be deemed to be under the influence when his alcohol content level as determined by a breathalyzer or blood test equals or exceeds the level that constitutes impaired driving in a commercial motor vehicle under the Motor Vehicle Laws of North Carolina (N.C. Gen. Stat. § 20-138.2).

D. "Abuse" of prescription drugs or other substances occurs when a person uses prescription drugs or other substances either without or in a manner contrary to the specific direction of a physician and where such use affects the employee's behavior or performance to an observable extent.

II. Prohibited Acts

The Board prohibits the following acts:

A. The manufacture, sale, distribution, possession or use of illegal drugs or the abuse of prescription drugs by its employees;

B. The sale, distribution, possession or use of alcohol by its employees while on duty;

C. In the case of Category A employees, driving at any time while under the influence of alcohol or other drugs.

III. Penalties for Noncompliance

Any employee who violates this policy shall be subject to disciplinary sanctions, which may include dismissal. When appropriate, emphasis shall be given to rehabilitation of employees.

A. Any employee who is convicted or pleads guilty or no contest to a felony involving selling, distributing, possessing and/or using illegal drugs in violation of state or federal law shall be dismissed. In addition, if a Category A employee is convicted or pleads guilty or no contest to a charge of driving at any time while under the influence of alcohol or drugs, he shall be dismissed.

B. Any employee who sells or distributes illegal drugs shall be dismissed. Any employee who uses or is found to be under the influence of illegal drugs or to be abusing prescription drugs while on duty shall be subject to discipline, up to and including dismissal, except that a Category A employee shall be dismissed in all such cases.

C. Any employee who sells or distributes alcohol while on duty shall be dismissed. Any employee who uses or is found to be under the influence of alcohol while on duty shall be subject to discipline, up to and including dismissal, except that a Category A employee shall be dismissed in all such cases.

D. In those cases where discipline less than dismissal is appropriate under this policy and where there appears to be a reasonable possibility of rehabilitating an employee, he shall be referred to appropriate programs. After an assessment and evaluation, the employee may, as an alternative to other discipline, be allowed to participate in a rehabilitation program as approved by the Superintendent and at the employee's expense. (This alternative is not available to Category A employees.) If the employee fails to complete the program satisfactorily, then the employee shall be disciplined, up to and including dismissal. If the employee is found to have committed a subsequent drug or alcohol offense after entering the program, then the employee shall be dismissed.

IV. Authority to Test

A. Pre-employment testing

All job applicants for Category A positions shall be required to undergo a drug test prior to and as a condition of final employment by the Board of Education. A confirmed, positive test indicating illegal or prohibited use of drugs will disqualify the applicant for employment with the school system. All newly hired Category A employees, full and part-time, will be temporary employees pending a review of drug test results.

All job applicants will be required to read this policy as a condition of employment and sign a statement of intent to comply with this policy.

B. Post-employment - Category A employees

After they have been employed, Category A employees will be required to:

1. Submit to random alcohol and drug tests without cause;

2. Submit to an immediate medical examination, including alcohol or drug testing, where a supervisor or other management employee has reasonable suspicion to believe that the employee is under the influence of alcohol or other drugs;

3. Immediately submit to alcohol or drug testing if involved in an accident while operating a school vehicle; and

4. Read this policy as a condition of continuing employment and sign a statement of intent to comply with this policy.

In the event the employee refuses to submit to a drug test as required herein, or there is a positive alcohol or drug test, and it is confirmed by the medical review officer that the Category A employee has been using illegal drugs or abusing prescription drugs, then the employee shall be dismissed.

Testing of all commercial motor vehicle operators employed by the Board, including school bus and activity bus drivers, shall include testing that complies with 49 C.F.R. Part 382 and Board policy 3008/4008/8308.

C. Post-employment - All employees

Each employee shall be given a copy of this policy.

Any employee of the Board may be required to submit to a drug or alcohol test when a supervisor or other management employee has reasonable suspicion to believe that the employee is using alcohol or illegal drugs or is abusing prescription drugs in the workplace. Refusal to consent to such testing shall be cause for disciplinary action up to and including dismissal.

Reasonable suspicion justifying such testing may be based on, among other things:

1. Observation of drug use or possession and/or the physical symptom(s) of being under the influence of a drug or alcohol;

2. A pattern of abnormal conduct or erratic behavior consistent with abuse of drugs or alcohol;

3. Arrest or conviction for a drug- or alcohol-related offense, or the identification of an employee as the focus of a criminal investigation;

4. Information provided either by reliable and credible sources or independently corroborated; or

5. Evidence that the employee has tampered with a previous drug or alcohol test.

V. Drug-Free Workplace Act of 1988

In furtherance of the goals of the Drug-Free Workplace Act of 1988 and as a condition of employment with the Pamlico County Schools, each employee must comply fully with this policy. Each employee is required to notify his or her immediate supervisor and the appropriate personnel department representative within five days after any criminal conviction or no contest plea involving alcohol or drugs. Employees who are aware of another employee's on-the-job alcohol or other drug violation must notify their immediate supervisor and the appropriate personnel department representative. Employees who fail to make such notification are subject to disciplinary action up to and including dismissal.

VI. Confidentiality

Information obtained through implementation of this policy is intended to be solely for the purposes specified in this policy and to protect the health and safety of students and/or employees. The confidentiality of all test results will be maintained as required by applicable laws, with only those persons having a need to know being informed of the results.

VII. State Law

All drug testing conducted by or on behalf of the Pamlico County Board of Education will comply with the requirements of N.C. Gen. Stat. 95-230 through -234.

VIII.

Employees shall be provided information concerning available counseling, rehabilitation, and re-entry programs.

Legal Reference: G.S. 115C-47; G.S. Ch. 95, Art. 20; 21 U.S.C. 812; 41 U.S.C. 701 et seq.; 49 U.S.C. App. 2717; 49 C.F.R. Parts 40 & 382

Adopted: June 5, 2000

4008 DRUG AND ALCOHOL TESTING OF 4008

3008 COMMERCIAL MOTOR VEHICLE OPERATORS 3008

8308 8308

The purpose of this policy is to help ensure safe operation of school vehicles and to comply with federal regulations by establishing a comprehensive program of drug and alcohol testing for school bus drivers and all other commercial motor vehicle operators employed by the Board.

Applicability

Persons subject to this policy include anyone who operates a commercial motor vehicle in the course of their duties for the Board of Education, including anyone who regularly or intermittently drives a school bus, activity bus, or other vehicle designed to transport sixteen or more people, including the driver.

Prohibited Acts

No person who is subject to this policy, or any supervisor of such persons, may commit any act prohibited by 49 C.F.R. Part 382, or by Board policy 3008/4008/8308. In addition, commercial motor vehicle operators employed by the Board shall not be impaired by alcohol or by any prescription or non-prescription drug while on duty or while operating any motor vehicle. Employees found in violation of this policy or Part 382 will be subject to dismissal.

Procedures

The administration shall ensure that the collection procedures outlined in 49 C.F.R. Part 40 are met, and that testing, reporting, record retention, training, confidentiality, and other requirements of 49 C.F.R. Part 382 are met.

Testing

The administration shall carry out pre-employment, post-accident, random, reasonable suspicion, return to duty, and follow-up testing for drugs and alcohol as required by 49 C.F.R. Part 382. School bus drivers and others employed by the Board for the primary purpose of operating a commercial motor vehicle shall undergo pre-employment testing. Employees whose duties include intermittent driving will not be subject to pre-employment testing but must undergo pre-duty testing before operating a commercial motor vehicle, and must undergo all other testing required by Part 382. Refusal of any test required pursuant to this policy or Part 382 shall be cause for dismissal.

Pre-employment Inquiry

All applicants who would be subject to this policy if employed shall consent in writing to the release of any information gathered pursuant to 49 C.F.R. Part 382 by any of the applicant's previous employers. Before employing any applicant covered by this policy or Part 382, the administration shall obtain, pursuant to written consent, all records maintained by the applicant's previous employer of prohibited acts taking place during the previous two years.

Training and Education

Each commercial motor vehicle operator and supervisory employee, including principals and assistant principals, shall be provided with educational materials that inform the employees of drug testing procedures, prohibited acts, consequences, and other aspects of 49 C.F.R. Part 382 and this policy. The information also shall identify a school system employee who will be responsible for providing information on substance abuse. Each employee shall sign a statement certifying receipt of these materials.

Each supervisor responsible for overseeing the performance of commercial motor vehicle operators shall undergo at least one hour of training concerning alcohol misuse and an additional hour of training concerning drug abuse.

Referrals

Each motor vehicle operator who violates acts prohibited by 49 C.F.R. Part 382, other than provisions governing pre-employment testing, shall be provided with information concerning resources available for evaluating and resolving drug or alcohol misuse. This information shall include names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs. Before allowing anyone who has committed a prohibited act under 49 C.F.R. Part 382 to drive again, that employee shall be evaluated by a substance abuse professional and must undergo any appropriate treatment designated by the substance abuse professional.

Legal Reference: 49 U.S.C. App. 2717; 49 C.F.R. Parts 40 & 382

Adopted: June 5, 2000

4010 4010

3010 EQUAL EMPLOYMENT OPPORTUNITIES 3010

It is the policy of the Pamlico County Board of Education to provide all applicants for employment with equal employment opportunities and to provide current employees with training, compensation, promotion, and other attributes of employment without regard to race, color, religion, national origin, sex, age, or handicap, except where sex, age, or physical requirements are essential occupational qualifications. All candidates will be evaluated on their merits and qualifications for positions.

The Pamlico County Board of Education also recognizes the educational and professional advantages of racial, sexual, and cultural diversity in the make‑up of the professional staff that is employed to serve the students enrolled in the Pamlico County Schools. Therefore, the Board is also committed to a recruitment and employment program that will result in a professional staff that reflects the racial, sexual, and cultural diversity of the Pamlico County community and the students who attend the Pamlico County Schools.

3010.1 The Superintendent shall report annually to the Board on the progress made in

4010.1 adhering to this policy.

Legal Reference: Civil Rights Acts of 1866, 1870, 1871, and 1964; Age Discrimination in Employment Act of 1967; Equal Pay Act of 1963; Executive Order 11246; Title IX of the Education Amendments of 1972; Vocational Rehabilitation Act of 1973; 20 U.S.C. § 1703; G.S. 126‑16

Adopted: June 5, 2000

4020 RECRUITMENT AND SELECTION 4020

It shall be the policy of the Board that a continuous system of recruitment and selection of personnel be maintained in order to assure competent candidates for vacancies as needed.

4020.1 No one shall be employed for a position until said position has been incorporated in the current budget by the Finance Officer.

Legal Reference: G.S. 115C‑36, ‑47

Adopted: June 5, 2000

4021 PROCEDURE FOR CANDIDATE EVALUATION 4021

Candidates for employment will be selected on the basis of:

A. Application

B. Training background

C. Experience record

D. Personal interviews

E. Background check, including criminal records check for recommended candidates.

Legal Reference: G.S. 114-19.2; 115C‑36, -47

Adopted: June 5, 2000

4022 HIRING PROCEDURE 4022

The Board shall hire support personnel only upon the recommendation of the Superintendent.

4022.1 The Superintendent or his designee shall have the authority to hire and dismiss support personnel and take all other personnel action deemed necessary.

4022.2 Any action to discipline, demote or dismiss support personnel shall be appealable to the Board by the affected personnel.

Legal Reference: G.S. 115C‑45(c), ‑276(j)

Adopted: June 5, 2000

4023 CRIMINAL HISTORY CHECK OF APPLICANTS 4023

3023 AND INDEPENDENT CONTRACTORS 3023

The Pamlico County Board of Education believes that it should attempt to provide a safe and secure learning and working environment for all students and staff. The Board also believes that employees should be role models for students. Criminal convictions against, or pleas of guilty or nolo contendre by an applicant may have an impact upon these goals and will be considered in hiring and dismissal decisions. Accordingly a criminal history check will be conducted on all final candidates who will be recommended to the Board for school personnel positions, including independent contractors who are being considered for performing the duties of a school personnel position.

4023.1 School personnel positions are defined as all positions based in a school, including

3023.1 the following positions: principal, assistant principal, school administrative staff, certified staff, teaching assistant, coaching assistant and trainer, substitute teacher, custodian, driver training teacher and bus driver. School personnel positions also include central office positions in which the duties are substantially performed in the schools, and there is significant access to students.

4023.2 A reasonable effort will be made to ascertain whether the final candidate for a

3023.2 school personnel position has any criminal history in the county of residence, employment, or schooling for at least the past five years. The superintendent or designee is authorized to utilize local, state or national repositories of records as necessary to conduct a reasonable review.

4023.3 The applicant will be required to be fingerprinted and to provide any other

3023.3 information necessary to conduct the criminal history check. The criminal history check will be conducted at the school system's expense. Any applicant who refuses to consent, including independent contractors, will not be considered for a school personnel position.

4023.4 Any offer of employment is conditional on a favorable review of the criminal

3023.4 history. If a final candidate or contractor has a criminal history, the employment decision will include written documentation of how the criminal history information was used, including a determination of whether the final candidate/independent contractor (1) poses a threat to the physical safety of students or personnel or (2) has demonstrated that he or she does not have the integrity or honesty to fulfill the duties of the position. An applicant will not be denied a position based upon the criminal history check by the Justice Department without confirmation of the criminal history by certified copy of the conviction or other means permitted by State Board rules.

4023.5 Applicants shall be required to answer completely and accurately all questions on

3023.5 their applications with regard to previous criminal history. False information on an employment application or contract will subject the applicant or contractor to not being hired and an employee to being dismissed.

Legal Reference: G.S. 114-19.2(a); 115C-36, -332

Adopted: June 5, 2000

4030 4030

3030 HEALTH CERTIFICATE REQUIRED 3030

Every new employee, and any employee returning to work after an absence of more than one school year, or who has been absent for more than forty (40) successive school days because of a communicable disease, shall be required to furnish a fully completed and approved health certificate on the prescribed forms before assuming his duties.

Legal Reference: G.S. 115C‑323

Adopted: June 5, 2000

Revised: September 3, 2002.

4031 COMMUNICABLE DISEASES ‑ EMPLOYEES 4031

3031 3031

It is the policy of the Pamlico County Board of Education to attempt to provide a safe and secure environment for all students and employees. Under certain circumstances employees with communicable diseases may pose a threat to the health and safety of students and staff. In an effort to maintain a balance between the need to protect students' and employees' rights and to control serious communicable diseases, decisions regarding the employment status of employees with communicable diseases shall be made on a case‑by‑case basis, in accordance with this policy.

4031.1 Employees with communicable diseases, including AIDS and HIV infection, shall

3031.1 be permitted to continue employment in accordance with Subsection 3031.2/4031.2. Any employee suffering from such a disease shall report this fact to his immediate supervisor. When the school system learns that an employee has a serious communicable disease, the Superintendent shall form an advisory committee to evaluate the employee's status.

4031.2 The advisory committee formed by the Superintendent shall include the Superin-

3031.2 tendent or his designee, the employee's principal or immediate supervisor where appropriate, a physician representing the county health director or his designee, legal counsel, as necessary, and, when available, the employee's personal physician. The committee shall review the case of each such employee to determine how the employee's disease is transmitted, how long the employee will be infectious, to what degree the employee's presence in his current job exposes students and other staff to harm, and the probability that the disease will be transmitted to others in the school community. If the committee determines that a significant risk of transmission exists in the employee's current position, the Superintendent, after consulting with the medical experts on the committee, shall determine whether alternative employment opportunities that would eliminate that risk and for which the employee is otherwise qualified are reasonably available within the school system. All deliberations of the advisory committee shall be kept strictly confidential.

4031.3 Employees with AIDS or HIV infection have or may develop immunodeficiencies

3031.3 which increase the risk of severe complications from exposure to other communicable diseases that appear in the school setting. Accordingly, employees should report to the principal and/or the Assistant Superintendent for Administrative Services in the event they suffer from any such immunodeficiency. Whenever possible, the principal and/or supervisor should notify an infected employee of the existence of chicken pox, influenza, meningococcus, measles or tuberculosis occurring in the workplace that may represent a serious threat to the employee's health.

4031.4 The personnel informed of the condition of an employee with AIDS or HIV infect-

3031.4 tion should be limited to those needed to protect the health and safety of the employee, students and other staff, and to identify situations where potential for transmission of the disease might exist. Those informed of the employee's condition shall respect and maintain his right to privacy and the confidentiality of his records. These persons shall be provided with appropriate information concerning necessary precautions, and they shall be made aware of confidentiality requirements.

4031.5 In accordance with N.C. Gen. Stat. 130A‑136, school principals shall report

3031.5 suspected cases of communicable diseases, including AIDS, to the County Health Department. Confidentiality of such reports is protected by law, and school employees are presumed by the law to be immune from liability for making such reports in good faith. The principal also shall report suspected cases of communicable diseases, including AIDS or HIV infection, to the Superintendent.

4031.6 In order to prevent the spread of communicable diseases, guidelines for necessary

3031.6 health and safety precautions shall be distributed by the administration and shall be followed by all school employees.

4031.7 Nothing in this policy is intended to grant or confer any employment rights beyond

3031.7 those existing by law or contract.

Legal References: Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.; 29 C.F.R. 1630; 10A N.C.A.C. 41A.0101, et seq.; N.C. Gen. Stat. Chapter 130A, Article 6; §115C-36 and -47(18).

Adopted: June 5, 2000

4032 4032

3032 SMOKING AND TOBACCO PRODUCTS PROHIBITED 3032

7405 7405

It is the policy of the Board of Education to promote the health and safety of all students and staff and to promote the cleanliness of all school facilities. To this end, the Board prohibits at all times the use of any tobacco product by any person in any school building or facility, or on school grounds, and in or on any school property owned or operated by the Pamlico County Schools. This policy also prohibits the use of any tobacco product by persons attending a school-sponsored event at a location not listed above when in the presence of students or school personnel or in an area where smoking is otherwise prohibited by law.

Tobacco products may be included in instructional or research activities in school buildings, provided the activity is conducted or supervised by a faculty member overseeing the instructional research, and the activity does not include smoking, chewing, or otherwise ingesting the tobacco product. Permission must be obtained from the principal prior to conducting any such instructional or research activities.

The Superintendent is responsible for providing adequate notice to students, parents, the public and school personnel of this policy, including posting signs regarding this policy in every school building. The Superintendent is also responsible for enforcing this policy at the central office of the Pamlico County Schools. The principal of each school in the school system is responsible for enforcing this policy at his or her respective school and shall require that school personnel enforce this policy.

Legal Reference: G.S. 115C‑47(18), -407; 20 U.S.C. §6083

Adopted: June 5, 2000

Revised: July 6, 2004

Revised: December 3, 2007

4033 4033

3033 COMPLIANCE WITH BLOODBORNE PATHOGENS REGULATIONS 3033

8333 8333

The Board recognizes the importance of using precautionary measures and educating employees to prevent the transmission of communicable diseases.

In furtherance of this objective, Pamlico County Schools will comply with regulations on bloodborne pathogens in 13 North Carolina Administrative Code 7C.0101(a)(96), which is identical to OSHA regulations, 29 Code of Federal Regulations 1910.1030. The citations in this policy refer to the federal regulations. Additional training and education beyond the requirements of these regulations also will be provided as described below.

The following procedures will be followed in order to comply with the bloodborne pathogens regulations.

4033.1 Exposure Determination

3033.1

8333.1 All job classifications must be categorized as to whether (1) all employees in the job classification have occupational exposure; (2) some employees in the job classification have tasks which create occupational exposure, with each of these tasks being listed; or (3) all employees in the job classification perform no tasks which are likely to create occupational exposure. 1910.1030(c)(2).

Occupational Exposure means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee's duties. 1910.1030(b).

The exposure determination will be made by the Superintendent or his designee by consulting with the exposure control team to identify tasks where occupational exposure may occur.

The exposure determination must be included in the exposure control plan and reviewed at least annually to reflect new or modified tasks and procedures which affect occupational exposure and to reflect new or revised employee positions with occupational exposure. 1910.1030(c)(iv).

4033.2 Exposure Control Plan

3033.2

8333.2 The exposure control plan will include the schedule and methods for implementing universal precautions, engineering and work practice controls, personal protective equipment, housekeeping, and labeling of hazardous areas. The plan also will include the schedule and method for providing training classes, Hepatitis B vaccination and post-exposure follow-up. The plan will show how records will be maintained for training classes, Hepatitis B vaccinations/refusals of vaccinations, and exposure incident reports. 1910.1030(c)(1).

The exposure control team will be responsible for drafting and producing the final copy of the exposure control plan and for making copies available as required by 1910.1030(1)(iii)(5). The exposure control team also will ensure that an annual review of the exposure control plan is conducted and that input is sought from employees.

4033.3 Hepatitis B Vaccination

3033.3

8333.3 The Hepatitis B vaccination will be made available to all employees with occupational exposure, at no cost at a reasonable time and place by a licensed physician or other healthcare professional or someone supervised by a licensed professional. The tests will be performed at an accredited laboratory. The vaccination shall be made available within ten working days of initial assignment but after receiving the training required by 1910.1030(g)(2). An employee may refuse the vaccination and at any later date choose to receive the vaccination. 1910.1030(f)(1), (2).

The Assistant Superintendent for Administrative Services will coordinate healthcare services necessary to provide the vaccination.

The Assistant Superintendent for Administrative Services will maintain Hepatitis B vaccination records as part of the medical records required to be kept for duration of employment plus 30 years. 1910.1030(h)(1).

The Assistant Superintendent for Administrative Services will ensure that those refusing Hepatitis B vaccinations will sign a statement of refusal. The Assistant Superintendent for Administrative Services will maintain records of refusals in the medical records of employees. 1910.1030(f)(2).

4033.4 Post-Exposure Follow-Up

3033.4

8333.4 Following a report of an exposure incident, Pamlico County Schools will make available to the exposed employee a confidential medical evaluation and follow-up. 1910.1030(f)(3).

The Assistant Superintendent for Administrative Services will coordinate provision of contracted healthcare services or reimbursement for healthcare services as identified in 1910.1030 (f)(3), (4) and (5), and will ensure incident exposure forms are available to employees.

The Assistant Superintendent for Administrative Services will maintain records of exposure incidents which shall be kept as part of the employee's medical record for the duration of employment plus thirty years with information required by 1910.1030(f)(5), (6) and 1910.1030(h)(1).

4033.5 Training of Employees

3033.5

8333.5 All employees with occupational exposure (either all in an identified job classification or for particular employees who perform tasks reasonably anticipated to cause occupational exposure) must receive training at the time of initial assignment and annually from the date of previous training. Training must be provided within ten days of initial assignment and before the Hepatitis B vaccination is offered. 1910.0130(f)(2)(i), 1090.1030(g)(2).

Training of those classified as having occupational exposure must include material as described in 1910.1030(g)(2)(vii). For those who are occupationally exposed but received training prior to the effective date of 1910.1030(g)(2), training must only be provided initially to address any gaps in material required to be taught by 1910.1030(g)(2)(vii).

Pamlico County Schools also is providing basic training to other employees who are not occupationally exposed according to the statutory definition but who may benefit from exercising universal precautions. These employees include administrative personnel. The Assistant Superintendent for Administrative Services will be responsible for providing training for employees and making records of training.

Training records required by 1910.1030(h)(2) for classes taught to occupationally exposed employees will be maintained by the Assistant Superintendent for Administrative Services for three years. The information contained in records will include all information required by 1910.1030(h)(2)(i).

Training records not required by the statute will be maintained by the principals/department heads/supervisors.

4033.6 Workplace Safety Precautions

3033.6

8333.6 Pamlico County Schools will comply with all universal precautions, engineering and workplace controls, personal protection equipment, and housekeeping in 1910.1030(d). Labeling of hazardous materials also will be performed as required by 1910.1030(g)(1).

The exposure control team will be responsible for assuring that the exposure control plan has a complete schedule and method of implementation of workplace safety precautions to be included in the exposure control plan. The exposure control team will work with the Finance Officer in developing the schedule and methods of implementation for engineering and workplace controls as identified in 1910.1030(d)(2), personal protection equipment in 1910.1030(d)(3), housekeeping in 1910.1030(d)(4), and labeling in 1910.1030(g)(1).

The Superintendent or his designee will ensure precautions are in place and that the exposure control plan is updated at least annually to reflect changes in facilities or employee tasks. 1910.1030(c)(iv).

The Finance Officer will ensure the purchase of protective equipment and its availability to employees. The Finance Officer also will ensure purchase of protective labels and their use in all required work areas.

4033.7 Confidentiality

3033.7

8333.7 Pamlico County Schools and its employees shall strictly adhere to all confidentiality rules and laws regarding employees with communicable diseases, including HIV or HIV-associated conditions.

Legal Reference: 13 N.C. Admin. Code 7C.0101(a)(96); 29 C.F.R. 1910.1030

Adopted: June 5, 2000

4035 SEXUAL HARASSMENT 4035

3035 3035

8335 8335

The Pamlico County Board of Education believes that all employees and students are entitled to work and study in school-related environments that are free of sexual harassment. To this end, the Board prohibits employees from engaging in sexual harassment and advises employees that when evidence of sexual harassment is established, disciplinary action may be taken, up to and including dismissal.

4035.1 Unwelcome sexual advances, requests for sexual favors, and other verbal or physical

3035.1 conduct of a sexual nature constitute sexual harassment when:

8335.1

A. Submission to the conduct is made either explicitly or implicitly a term or condition of an individual's employment, academic progress, or completion of a school-related activity; or

B. Submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual, or, in the case of a student, submission to or rejection of such conduct, is used in evaluating the individual's performance within a course of study or other school-related activity; or

C. Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or a student's educational performance, or creating an intimidating, hostile, or offensive environment.

4035.2 Examples of sexual harassment include, but are not limited to, continued or repeated

3035.2 offensive sexual flirtations, advances or propositions; continued or repeated verbal

8335.2 remarks about an individual's body; sexually degrading words used toward an individual or to describe an individual; and the display in the work place of sexually suggestive objects or pictures. Sexual harassment does not include personal compliments welcomed by the recipient, or social interactions or relations freely entered into by employees or prospective employees.

4035.3 It is possible for sexual harassment to occur at various levels: between peers or co-

3035.3 workers, between supervisors and subordinates, between employees and students,

8335.3 or imposed by non-employees on employees and/or students.

A. In the event that anyone believes that he/she has been sexually harassed, he/she should bring the matter to the attention of the designated Title IX Coordinator, who is the Assistant Superintendent for Administrative Services. Upon listening to the facts and allegations, the Assistant Superintendent for Administrative Services will advise the person on how to attempt to resolve the matter directly and informally, or if that course fails or is unwise, to present the complaint in writing to him with supporting detail. The Assistant Superintendent for Administrative Services will then proceed to investigate the matter and will attempt to resolve it in an expeditious manner.

B. If for any reason, the complainant is not satisfied with the administration's response, he/she may file an appeal with the Chairman of the Board of Education.

Legal Reference: Title VII of the Civil Rights Act of 1964; G.S. 126-16; Equal Employment Opportunity Commission's "Final Amendment Guidelines on Discrimination Because of Sex"; Title IX of the Education Amendments of 1972

Adopted: June 5, 2000

4036 4036

3036 PROHIBITED RELATIONSHIPS WITH STUDENTS 3036

8336 8336

All employees of the Pamlico County Board of Education, other than student employees, are prohibited from dating, courting or entering into a romantic or sexual relationship with any student who is enrolled in the Pamlico County Schools, regardless of the student's age or consent. Employees engaging in such inappropriate conduct will be subject to disciplinary action, up to and including dismissal.

Any employee who has reason to believe that another employee is inappropriately involved with a student, as described above, shall report this information to the Assistant Superintendent for Administrative Services. An employee who fails to make such a report when he has a reasonable belief that an inappropriate relationship exists, may be subject to disciplinary action.

Legal Reference: G.S. 115C-47, -308

Adopted: June 5, 2000

3037 3037

4037 PROHIBITION OF BULLYING, HARASSMENT AND 4037

8337 DISCRIMINATION 8337

Bullying, harassment, and discrimination are prohibited in the Pamlico County schools. The Pamlico County schools and staff shall not tolerate any bullying, harassment, or discrimination on school property and grounds or at any school activity on or off campus. The board believes that all employees and students should be free of unlawful discrimination, harassment, and bullying as a part of a safe, orderly, caring and inviting working and learning environment. The board commits itself to nondiscrimination in all its educational and employment activities. The board expressly prohibits unlawful discrimination, harassment, or bullying on the basis of race, color, national origin, sex, pregnancy, religion, age or disability.

The board also prohibits retaliation against an employee or student who has exercised any rights made available through state or federal law, including prohibiting retaliation for reporting violations of this policy.

Any violation of this policy is considered a serious violation and appropriate action will be taken in response to a violation.

3037.1 Application of Policy

4037.1

8337.1

All persons, agencies, vendors, contractors and other persons and organizationsdoing business with or performing services for the school district must comply with all applicable federal and state laws and regulations regarding harassment, bullying, or discrimination. Visitors also are expected to comply with applicable laws, including the prohibition against discrimination, harassment and bullying of students or employees. This policy will apply in the following circumstances:

1. while in any school building or on any school premises before, during or after school hours;

2. while on any bus or other vehicle as part of any school activity;

3. while waiting at any bus stop;

4. during any school function, extracurricular activity or other activity or event;

5. when subject to the authority of school personnel; and

6. any time or place when the behavior has a direct and immediate effect on maintaining order and discipline in the schools.

3037.2 Definitions

4037.2

8337.2

For purposes of this policy, the following definitions will apply.

1. Discrimination means any act that unreasonably and unfavorably differentiates treatment of others based solely on their membership in a socially distinct group or category, such as race, ethnicity, sex, religion, age, or disability. Discrimination may be intentional or unintentional.

2. Harassment can be a type of unlawful discrimination. Harassment is unwanted, unwelcomed and uninvited behavior that demeans, threatens or offends the victim and results in a hostile environment for the victim. The hostile environment can be created through pervasive or persistent misbehavior or a single incident, if sufficiently severe. Harassing behavior may include but is not limited to epithets, derogatory comments or slurs and lewd propositions, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons. Legitimate age-appropriate pedagogical techniques are not considered harassing behavior.

It is possible for harassment to occur at various levels; between fellow students or co-workers, between supervisors and subordinates, between employees and students, or imposed by non-employees, including visitors, on employees and/or students.

3. Bullying is a form of harassment. Bullying means the repeated intimidation of others by the real or threatened infliction of physical, verbal, written, electronically transmitted or emotional abuse or through attacks on the property of another. Bullying may include, but is not limited to, verbal taunts, name-calling and put-downs, extortion of money or possessions, implied or stated threats, and exclusion from peer groups.

3037.3 Discrimination, Harassment or Bullying Complaint Procedures

4037.3

8337.3

Any student who believes that he or she has been harassed, bullied, or discriminated against in violation of this policy should report such behavior immediately to a teacher, counselor or administrator at his/her school in accordance with Pamlico County Schools Board Policy #6902 Student Grievance Procedure and Policy #4035/#3035/#8335 Sexual Harassment. A school employee who is notified of or otherwise becomes aware of conduct which may violate this policy shall report the matter to the principal, and failure to do so may subject the employee to disciplinary action.

Any employee who believes that he or she has been harassed, bullied, or discriminated against in violation of this policy should report such behavior to the principal, the Associate Superintendent for Administrative Services, or the Superintendent in accordance with Pamlico County Schools Board Policy #3900/4800 Grievance Procedures For Employees and Policy #4035/#3035/#8335 Sexual Harassment. Any supervisor who reasonably believes that an employee has been subjected to harassment, bullying, or discrimination in the workplace shall report the information promptly to the Associate Superintendent for Administrative Services or the Superintendent.

All complaints of harassment, bullying, or discrimination shall be promptly and thoroughly investigated. Evidence of harassment, bullying, or discrimination may result in disciplinary action being taken, up to and including dismissal in the case of employees, or up to and including long-term suspension or expulsion in certain cases for students.

3037.4 Non-Retaliation

4037.4

8337.4

The board prohibits reprisal or retaliation against any person who reports an act of discrimination, harassment or bullying. The consequence and appropriate remedial action for a person who engages in reprisal or retaliation shall be determined by the principal or the appropriate supervisory personnel, after consideration of the nature and circumstances of the act, in accordance with applicable federal, state or local laws, policies and regulations.

3037.5 Training and Programs

4037.5

8337.5

The Superintendent shall designate an employee(s) to participate in training by the Department of Public Instruction pertaining to anti-discrimination, anti-harassment and anti-bullying. The designee shall provide leadership and training in the school district regarding this policy and state requirements.

The board will provide additional training for students and staff regarding the board’s policy on discrimination, harassment and bullying and will create programs to address these issues. The Superintendent shall ensure that any training or programs provided will include identifying groups that may be the target of discrimination, harassment or bullying; identifying places at which such behavior may occur including within school buildings, at school bus stops, via the internet, etc.; and providing clear examples of behavior that constitutes discrimination, harassment or bullying.

3037.6 Notice

4037.6

8337.6

The Superintendent is responsible for providing effective notice to students, parents and employees of the procedures for reporting and investigating complaints of discrimination, harassment and bullying. The school district will investigate complaints of discrimination, harassment and bullying and will take reasonable steps to eliminate the discrimination, harassment or bullying.

3037.7 Coordinators

4037.7

8337.7

The Superintendent or designee shall publish the names, addresses and phone numbers of the “Title IX coordinator” (for sex discrimination), “Section 504 coordinator” (for discrimination on the basis of disability) and the “ADA coordinator” (also for discrimination on the basis of disability) in a manner intended to ensure that employees, applicants, students, parents and other individuals who participate in the school district’s program are aware of the coordinators. The purpose of the coordinator positions is to provide additional protection of nondiscrimination rights. The coordinator either must (1) implement a resolution to a discrimination, harassment or bullying complaint, to the extent a resolution can be reached and the coordinator has the authority to implement corrective action or (2) notify the Superintendent that intervention by other school officials is required to resolve the situation.

3037.8 Records and Reporting

4037.8

8337.8

The Superintendent or his or her designee shall maintain confidential records of complaints or reports of harassment, bullying, or discrimination which identify the names of any individuals accused of harassment, bullying, or discrimination and the resolution of such reports or complaints. The Superintendent also shall maintain records of training, corrective action or other steps taken by the district to help provide an environment free of harassment, bullying, or discrimination.

The Superintendent shall report to the State Board of Education all verified cases of discrimination, harassment or bullying. The report will be made through the Discipline Data Collection Report or through other means required by the State Board of Education.

Adopted: September 8, 2009

4100 INITIAL ASSIGNMENT 4100

Support personnel will be assigned by the Office of Personnel on the basis of training, competence, experience, and the actual needs of the school system.

Legal Reference: G.S. 115C‑276

Adopted: June 5, 2000

4101 SPECIFIC ASSIGNMENT 4101

The principal or other appropriate administrator will make specific assignments in keeping with the qualifications of each employee and the needs of the program.

4101.1 No new assignment shall be made which places one member of a family in direct supervisory or evaluative relationship with another member of his immediate family. A member of the immediate family shall be defined as: wife, husband, sister, brother, son, daughter, mother, father, father‑in‑law, mother-in‑law, son‑in‑law, or daughter‑in‑law.

4101.2 In the event of a dismissal, demotion or other disciplinary or grievance proceeding involving an immediate family member of a Board member or other hearing panel member, the Board member or hearing panel member shall recuse himself from participating in any such proceeding.

Legal Reference: G.S. 115C‑36, ‑47, ‑288

Adopted: June 5, 2000

4103 EMPLOYEE WORKDAY 4103

The normal workday shall be eight hours with only those exceptions as specific job assignments may require.

4103.1 Qualification as a full‑time employee shall require a minimum of six‑hour workday and a thirty‑hour work week.

Legal Reference: G.S. 115C‑36, ‑47, ‑84

Adopted: June 5, 2000

4104 EMERGENCY CLOSING DAYS 4104

In the event of emergency closing of schools when personnel are not required to report for duty, the Superintendent may declare such day or days leave days or holidays or some combination thereof. Such days may be rescheduled at the discretion of the Board.

Legal Reference: G.S. 115C‑84

Adopted: June 5, 2000

4105 WORKWEEK FOR TEACHER ASSISTANTS 4105

The workweek for teacher assistants shall not exceed forty (40) hours per week.

Legal Reference: G.S. 115C‑36, ‑47

Adopted: June 5, 2000

4110 EVALUATION OF EMPLOYEES 4110

Evaluation of employees is a management function and shall be the duty and responsibility of the administration.

4110.1 The supervisor shall prepare a brief written annual evaluation summary, in duplicate, of each support service employee for whom he is responsible.

4110.2 A conference shall be held between the supervisor who prepared the evaluation and the employee, for the purpose of discussing the evaluation report.

4110.3 The employee shall then sign both copies of the evaluation summary in the space indicated following the sentence: "I acknowledge that I have received a copy of this report. I further acknowledge that this form will be placed in my personnel file."

4110.4 Both copies of the report shall then be dated in the space near the signature. One copy shall be placed in the employee's confidential file in the Personnel Office. The other copy shall be given to the employee.

Legal Reference: G.S. 115C‑36, ‑47

Adopted: June 5, 2000

4115 EMPLOYMENT OF SCHOOL BUS DRIVERS 4115

The Pamlico County Board of Education recognizes the importance of providing adequate and safe transportation for the children in our schools. The Pamlico County Board of Education, when possible, will employ bus drivers from among those individuals who are employed by the school system in some additional capacity. School bus drivers shall, when possible, be selected from individuals who are employed in the classified positions of teacher assistant, child nutrition assistant and custodian.

Serving as a school bus driver shall be a condition of employment for all individuals who after the adoption of this policy are hired to fill permanent positions of teacher assistant, child nutrition assistant and custodian. This stipulation shall be stated in their contracts for employment. Ability to serve as school bus driver shall be considered an essential function for those positions. Individuals employed in permanent positions of teacher assistant, child nutrition assistant and custodian shall have one hundred twenty calendar days from the first day of employment (first day on the job) to complete the CDL class, and roadwork and secure a school bus driver’s license and pocket card. Employment will terminate immediately if the individual fails to secure the school bus driver’s license on or before the one hundred twentieth day of employment.

In instances when extenuating circumstances occur, the one hundred twenty day timeline may be extended. The bus license requirement will be implemented on a case-by-case basis for individuals employed in less than permanent full-time positions of teacher assistant, child nutrition assistant and custodian.

Efforts will continue to be made to recruit bus drivers from the currently employed classified staff whose contracts do not contain bus-driving stipulations. Efforts will be made to continually recruit and employ school bus drivers who do not work for the Pamlico County Board of Education in any other capacity.

Current employees, who have a valid bus driver’s license and for whom driving is a condition of employment, shall be required to keep their license renewed and remain eligible to take on driving responsibilities when needed by the Pamlico County School system. Employees not able to fulfill this requirement shall be terminated immediately.

Legal Reference: G.S. §115C-47(18)

Adopted: June 4, 2007

4200 SOLICITATION OR SELLING 4200

There shall be no soliciting from or selling to students or staff within the school without approval of the principal.

4200.1 No employee shall solicit money from students or parents for additional materials or equipment or create impressions with students that such equipment or materials are necessary, nor shall it be a practice to solicit materials or services in any manner that would cause a parent to feel undue or unnecessary pressure.

4200.2 Soliciting outside the school premises for funds for school activities, or sales of products outside the school premises for funds for school activities by the students or staff of any school, in the name of any school, or in behalf of any school, shall have the prior written approval of the Superintendent and the principal. All money collected and expended as the result of such activities shall be recorded in the accounts of the school treasurer and shall be subject to the annual school audit. Solicitation or borrowing of products for school activities shall have the principal's approval.

Legal Reference: G.S. 115C‑36, ‑47

Adopted: June 5, 2000

4210 ADMINISTRATION OF MEDICATION 4210

The administration of medication to students by employees shall be permitted only in accordance with Board Policy 3260. Non‑professional employees other than health care professionals shall not administer medication to students unless the employee authorized to administer medication has been approved by the principal or by the Superintendent or his designee. Employees may give emergency health care when circumstances indicate that any delay would seriously worsen the physical condition or endanger the life of the student.

The administration periodically will provide training programs approved by the State Board of Education for employees in first aid and life saving techniques. Employees who have successfully completed such training may perform first aid or life saving techniques for which they have been trained.

Legal Reference: G.S. 115C‑36, ‑47, ‑307

Adopted: June 5, 2000

4220 4220

3243 GIFTS TO EMPLOYEES 3243

All school employees shall discourage and decline to accept gifts from vendors.

Legal Reference: G.S. 115C‑36, ‑47

Adopted: June 5, 2000

4231 PERSONNEL FILES 4231

3231 3231

A personnel file shall be maintained in the Superintendent's office for each employee as provided by law. An employee's personnel file shall be open for his inspection and closed to all others without employee consent except as provided by law and this policy. The Superintendent shall have the overall responsibility for granting or denying access to personnel records consistent with this policy.

4231.1 Each employee personnel file shall include records and documents collected and

3231.1 retained by the school system concerning the employee, including but not limited to:

a) Evaluation reports

b) Commendations of and complaints against the employee; provided, however, that the Superintendent may elect not to place in the file a letter of complaint that contains invalid, irrelevant, outdated, or false information, or a letter of complaint when there is no documentation of an attempt to resolve the issue.

c) Written suggestions for correction and improvement

d) Certificates

e) Health certificates

f) Standard test scores

g) Academic records

h) Application forms

i) Other pertinent records or reports

4231.2 Any pre-employment data or other information obtained about an employee before 3231.2 his employment by the Board may be kept either in the regular personnel file or in a

separate file, and shall not be made available to the employee.

4231.3 No evaluation, commendation, complaint or suggestion may be placed in an

3231.3 employee's personnel file unless:

a) It is signed by the person who makes it, and

b) A written copy of the document is provided to the employee at least five days before it is placed in the employee's personnel file.

Every employee is entitled to offer a denial or explanation of the evaluation, commendation, complaint or suggestion, and any such denial or explanation shall become part of the employee's personnel file, provided it is signed and dated.

4231.4 Every employee may have access to his own personnel file during working hours,

3231.4 provided three days notice is given to the Personnel Office.

4231.5 Access to a personnel file may be permitted to the following persons without the

3231.5 consent of the employee:

a) Those school officials involved in the employment and evaluation process of the individual, the school board attorney, and members of the Board of Education, if the examination of the file relates to the duties and responsibilities of the Board.

b) The case manager if the teacher has requested a case manager review in a demotion or dismissal proceeding.

4231.6 The Superintendent may, in his discretion, or shall at the discretion of the Board

3231.6 of Education, inform any person or corporation of any promotion, demotion, suspension, reinstatement, transfer, separation, dismissal or employment of any employee or former employee and the reasons therefore and may allow the person or corporation to inspect and examine any portion of an employee's personnel file if:

(a) The Board has determined that the release of the information or the inspection and examination of the file or a portion of the file is essential to maintaining the integrity of the Board or to maintaining the level or quality of services provided by the Board; and

(b) Prior to releasing the information or making the file or any portion of it available, the Superintendent has prepared a memorandum setting forth the circumstances which he and the Board deem to require disclosure and the information to be disclosed. (This memorandum shall be a public record.)

4231.7 No person other than those listed in 3231.4/4231.4, 3231.5/4231.5, and

3231.7 3231.6/4231.6 may have access to a personnel file except under the following circumstances:

a) When the employee gives written consent for the release of his records. The written consent must specify the records to be released and to whom they are to be released; blanket permission for release of information shall be accepted.

b) When the records have been subpoenaed or sought by court order; specifically including subpoenas issued by case manager pursuant to G.S. 115C-325.

3231.8.1 The Pamlico County Board of Education classifies the following information as

3231.8 directory information and as such reserves the right to make this information public as part of an employee directory:

a) Name

b) Address

c) Telephone listing

d) Date and place of birth

e) Photograph

f) Job title and location

g) Participation in officially recognized activities and sports

h) Dates of employment

i) Degrees and awards received

j) Salary

k) Date and amount of most recent increase or decrease in salary

l) Dates of most recent promotion, demotion, transfer, suspension, separation, or other change in classification.

4231.9 All information provided to the personnel office by an applicant for employment or

3231.9 by an employee must be true, accurate and complete to the best of that applicant's or employee's knowledge. It shall be a violation of Board policy and, therefore, grounds for dismissal for an employee to present information to the personnel office which is intended to defraud or materially misrepresent or conceal the truth. Furthermore, the presentation of such information to the personnel office by an applicant for employment shall be considered just cause for termination of the application process.

4231.10 Any teacher may petition the Board to remove from his/her personnel file

3231.10 invalid irrelevant or outdated information. The Board may order the Superintendent to remove the information if it finds the information is invalid, irrelevant or outdated.

Legal Reference: G.S. 115C‑36, ‑47(18), ‑319 to ‑321, ‑325

Adopted: June 5, 2000

Revised: June 4, 2001

4244 4244

3244 PROFESSIONAL PUBLISHING 3244

Pamlico County Schools employees are encouraged to write and prepare professional material for publication in their areas of expertise. Employees who prepare material on their own time without use of school facilities or equipment are not required to submit such material for review prior to publication.

Publications, inventions or products developed or produced during the paid work time of a school employee or resulting from an employee's work assignment or through the use of school equipment, facilities or materials shall be the property of the school system. Publications so produced shall bear a notice of copyright in either of the following forms:

Pamlico County Board of Education 20_____

Employees who desire to copyright or patent, and to market material prepared totally or partially on school time, shall submit a copy of such material to the Superintendent for review. The Superintendent shall review the material and the employee's recommendation regarding the request to the Board. The material submitted to the Superintendent and to the Board shall be accompanied by the following information:

a. The names of persons who participated in preparation of the material;

b. The percentage of school duty time spent by these persons during preparation;

c. A statement as to whether royalties would be waived in any purchases of the material which might be made by the school system in cases in which the Board is not already the copyright owner.

The Superintendent may authorize the sale of copies of, or reproduction rights to instructional material prepared by the school system to other school systems, organizations or commercial firms.

Legal Reference: Title 17 U.S.C.; G.S. 14‑236; 115C‑47

Adopted: June 5, 2000

4250 4250

3250 PERSONNEL ‑ POLITICAL ACTIVITIES 3250

The Board of Education recognizes the right of employees to participate in political affairs in a manner afforded other citizens, including the right to vote, the right to be active members of a political party of their choice, the right to campaign for candidates, and the right to seek, campaign for, and serve in public office, provided there is no local, state, or federal law prohibiting a teacher from seeking a certain political office.

A teacher, upon request to the Superintendent and Board, shall be granted a leave of absence without pay for the purpose of serving in the North Carolina General Assembly or the United States Congress.

Employees shall not involve students on school time, campaign on school premises or on school time, or use school equipment or supplies while participating in political affairs. The position of any personnel will not be in jeopardy due to his political activity as long as he adheres to the terms of this policy.

Nothing in this policy shall be interpreted to restrict the teaching of political issues or the dissemination of information about serious problems the school system or the community may be facing because of political actions. However, both sides of the political issue must be presented so that students will have an opportunity to be well informed, and they, in turn, will be in a position to make their own decisions regarding political issues.

Legal Reference: G.S. 115C‑47

Adopted: June 5, 2000

4251 4251

3251 USE OF EMPLOYEE MAILBOXES AND BULLETIN BOARDS 3251

Employee mailboxes and bulletin boards are to be used only by school employees and only to communicate matters of educational, professional, personal or philanthropic concern. Employees and employee associations may use employee mailboxes to distribute their own political endorsements, solicitations or personal invitations to political events provided that such endorsements, solicitation or invitations are signed by the employee(s) making them.

Legal Reference: G.S. 115C‑36, ‑47

Adopted: June 5, 2000

4300 4300

3300 TRANSFERS 3300

Since transfer of staff members within a school system can be advantageous to the students, the employees, and the community for which the school system exists, the Superintendent may reassign personnel when necessary or advisable.

Legal Reference: G.S. 115C‑47, ‑276, ‑301

Adopted: June 5, 2000

4310 REQUESTS FOR TRANSFER 4310

A request by an employee for transfer to a different building or position shall be made in writing to the Personnel Office. The request shall set forth the reasons for the transfer request, the school or position sought, and the applicant's qualifications.

4310.1 A person requesting transfer shall be notified in writing of action on his request.

4310.2 In the event that a transfer is not granted, the originator should renew such request to assure reconsideration.

Legal Reference: G.S. 115C‑47, ‑276

Adopted: June 5, 2000

4400 RESIGNATION 4400

An employee desiring to terminate his services shall give the Personnel Office at least two weeks written notice.

Legal Reference: G.S. 115C‑36, ‑47

Adopted: June 5, 2000

4410 RETIREMENT 4410

There shall be no mandatory retirement age for school system employees. Retirement policies and procedures shall be in accordance with statutes establishing and empowering the function of the Teachers' and State Employees' Retirement System of North Carolina.

Legal Reference: G.S. 135‑1

Adopted: June 5, 2000

4411 RETIREMENT NOTICE OF INTENT 4411

Any employee who anticipates retirement shall notify the Personnel Office ninety (90) days prior to his intended retirement date, except in cases where conditions of health or other extenuating circumstances make shorter notice necessary.

Legal Reference: G.S. 135‑1

Adopted: June 5, 2000

4420 DISMISSAL 4420

All actions for dismissal shall be conducted in accordance with state law.

Legal Reference: G.S. 115C‑36, ‑47

Adopted: June 5, 2000

4500 STAFF DEVELOPMENT 4500

The Board recognizes the value of and encourages the development of a continuing program of staff development.

Legal Reference: G.S. 115C‑36, ‑47, ‑276

Adopted: June 5, 2000

4501 VISITATION AND CONFERENCE COSTS 4501

Reimbursement for approved travel expenses for non‑professional personnel shall be at the rates established by the Board including:

A. Mileage, including tolls or common carrier cost

B. Subsistence

C. Conference registration fee

Legal Reference: 115C‑36, ‑47

Adopted: June 5, 2000

4600 SALARY 4600

The Board shall annually adopt uniform salary schedules for all employees.

Legal Reference: G.S. 115C‑47

Adopted: June 5, 2000

4630 DEFENSE OF BOARD EMPLOYEES 4630

3750 3750

Except as otherwise provided in this policy, upon written request of any employee, the Board shall provide for the defense of any civil or criminal action or proceeding brought against him in his official or individual capacity, or both, on account of an act done or omission made in the scope and course of his employment by the Board of Education.

4630.1 The Board shall refuse to provide for the defense of a civil or criminal action or

3750.1 proceeding brought against an employee if the Board determines that:

(a) The act or omission was not within the scope and course of his employment as a Board employee, or

(b) The employee acted or failed to act because of fraud, corruption, or malice on his part.

4630.2 The Board may refuse to provide for the defense of a civil or criminal action or

3750.2 proceeding brought against an employee if the Board determines that defense of the action or proceeding by the Board would create a conflict of interest between the Board and the employee.

4630.3 The determinations required by subsections 3750.1/4630.1 and 3750.2/4630.2 of

3750.3 this policy shall be made by the Superintendent upon advice of the Board attorney. Based on his investigation, the Superintendent shall make a recommendation to the Board as to whether the Board shall provide legal representation for the employee. Final approval of an employee's request shall be made by the Board. Approval of the request by an employee for provision of defense shall raise a presumption that the determination required by this section has been made and no grounds for refusal were discovered.

4630.4 The Superintendent shall develop and submit to the Board for its approval

3750.4 regulations for the defense of employees of the Board pursuant to this policy through one or more of the following methods as may be appropriate to the employee or class of employees in question:

(a) By the Board attorney,

(b) By employing other counsel for this purpose at an hourly rate no higher than that paid to the Board attorney,

(c) By authorizing the purchase of insurance which requires that the insurer provide or underwrite the cost of the defense and any judgment, or

(d) By any other means that are provided by law for the defense of public school employees and school bus drivers.

The regulations shall require specific Board approval on a case-by-case basis if the defense of employees is to be done by any method other than the purchase of adequate insurance as provided in 3750.4(c).

4630.5 If the Board denies the request of an employee to provide him legal representation in

3750.5 any civil or criminal action or proceeding and subsequently the employee is found in the court or other agency of the State to be not civilly liable or not guilty of a criminal offense, the Board, upon written request of the employee, may reimburse the employee a reasonable attorney's fee.

4630.6 Board approval of an employee's request to provide legal representation shall cover

3750.6 only those expenses approved that relate to the initial hearing, trial, or appeal of the action or proceeding. The employee must make an additional request in writing to the Board for legal representation at each subsequent stage of the appeal of the action or proceeding.

4630.7 The Board may through the purchase of liability insurance provide for the payment

3750.7 of any claim or civil judgment entered against an employee when such claim is made or such judgment is rendered as damages on account of an act done or omission made or any act allegedly done or omission allegedly made, in the scope and course of his duty as an employee of the Board. The limits of the Board's payment for any such claim or court judgment shall be governed by the coverage and terms of the liability insurance purchased by the Board for such purposes. In all cases in which an employee requests that the Board pay a part or all of a claim or civil judgment against him, the employee must give the Board written notice of the claim or litigation as soon as possible and in all cases prior to the time that the claim is settled or civil judgment is entered.

4630.8 Definitions. Unless the context otherwise requires, the definitions in this section

3750.8 govern the construction of this policy:

(a) "Civil or criminal action or proceeding" includes any case, prosecution, special proceeding, or administrative proceeding in or before any court or agency of the State of North Carolina and its political subdivisions or any other state of the United States.

(b) "Employee" includes any present or former officer, agent or employee whether full‑time or part‑time, including but not limited to all members and former members of the Board of Education, administrative personnel, instructional personnel, support personnel, and school bus drivers.

Legal Reference: G.S. 115C‑43

Adopted: June 5, 2000

4700 SICK LEAVE 4700

All full-time employees shall be subject to the sick leave policies of the Pamlico County Board of Education and the State Board of Education.

For continuous leave of more than ten (10) days, if the leave also is eligible for leave under the Family and Medical Leave Act (FMLA), defined in Board Policy 3802/4701, and the leave is designated as FMLA-eligible at the time leave is taken or as soon as feasible thereafter, the notice and verification requirements of the employee in Board Policy 3802.3/4701.3 will apply.

Legal Reference: G.S. 115C-12, -36, -47

Adopted: June 5, 2000

4701 4701

3802 FAMILY AND MEDICAL LEAVE 3802

It is the policy of the Board to provide all eligible employees with leave as provided in the federal Family and Medical Leave Act of 1993 (FMLA) and applicable State laws and State Board of Education policies. The Board strictly prohibits any interference with, restraint, or denial of the exercise by any employee of any right provided by the FMLA, or any type of discrimination against or discharge of an employee who has filed a complaint in regard to the FMLA. A copy of this policy shall be provided to any employee who has requested FMLA-eligible leave.

For purposes of this policy, instructional personnel are considered to be teachers, athletic coaches, driving instructors, and special education assistants, and any other employee whose principal function is to teach and instruct students in a class, a small group, or an individual setting.

4701.1 Entitlement to Leave

3802.1

Pamlico County Schools will grant unpaid leave for up to twelve (12) weeks to employees who have been employed for at least twelve (12) months and have worked at least 1250 hours during the previous twelve-month period for:

(1) the birth of a child of the employee and in order to care for the child;

(2) the placement of a child with the employee for adoption or foster care;

(3) taking care of the spouse, child, or parent of the employee, if the spouse, child, or parent has a serious health condition; or

(4) a serious health condition that makes the employee unable to perform the functions of the employee's position.

The twelve (12) month period in which the twelve (12) weeks of leave entitlement occurs shall be from July 1 to June 30.

4701.2 Structure of Leave

3802.2

When leave is taken for the adoption or birth of a child, an employee may take leave only for a continuous period of time unless the Board agrees to another arrangement. For a situation involving an employee's serious health condition or that of a family member, the employee may take leave continuously or on an intermittent or reduced leave schedule as is medically necessary.

Instructional personnel may be required to continue leave through the end of the school semester if any of the following conditions exist:

(1) The leave is beginning more than five (5) weeks before the end of the term; the leave will last at least three (3) weeks; and the employee will be returning to work in the last three (3) weeks of the academic term; or

(2) The leave is for a purpose other than the employee's own serious health condition; the leave would begin in the last five (5) weeks of the term; and the employee would be returning to work during the last two (2) weeks of the academic term; or

(3) The leave is for a purpose other than the employee's own serious health condition; the leave would begin in the last three (3) weeks of the term; and the leave would last at least five (5) days.

In order to better accommodate an employee's need for intermittent or reduced leave for a serious health condition, Pamlico County Schools may require an employee to take an alternative position during the period of leave. The alternative position must have equal pay and benefits, but it does not have to have equivalent duties. If an instructional employee requests intermittent or reduced scheduled leave for more than twenty percent (20%) of the working days of the duration of the leave for the employee's or family member's serious health condition, Pamlico County Schools alternatively may require the employee to take continuous leave for up to the entire duration of the scheduled leave.

4701.3 Designation of Leave and Employee Notice and Verification Requirements

3802.3

To ensure that employees receive proper notification of their rights and responsibilities and that leave is properly designated, all employees requesting any type of leave must make the request to the Finance Officer. It is the responsibility of the Finance Officer to ask any questions necessary of the employee in order to make a determination of whether the leave is FMLA-eligible. The designation must be made prior to the leave being taken, unless there is a justifiable delay, such as waiting for documentation. In no event can the leave be designated as FMLA-eligible, and therefore count towards the twelve (12) weeks entitlement, after the employee has returned to work from the leave. Leave may be designated as both FMLA-eligible leave and as leave under the paid leave policy if paid leave has been substituted. Such leave would be counted towards the twelve (12) week FMLA entitlement.

An employee must provide at least thirty (30) days notice if the employee can anticipate the need for FMLA leave. If this is not possible, the notice shall be given as soon as "practicable," taking into account all the facts and circumstances. If the employee does not provide thirty (30) days notice, and there is no reasonable justification for the delay, Pamlico County Schools can deny the taking of FMLA leave until at least thirty (30) days after the employee provides notice of the need for FMLA leave. If an instructional employee fails to give required notice for foreseeable leave for an intermittent or reduced leave schedule, the employee may be required to take leave continuously for the duration of the treatment or be temporarily transferred to an alternative position for which the employee is qualified and has the same benefits.

An employee requesting intermittent or reduced leave time for medical treatment of a serious health condition may be required to give the reasons for the intermittent or reduced leave schedule and the schedule for treatment. Normally, employees also would be expected to discuss scheduling with their immediate supervisor prior to scheduling any medical treatment in order to accommodate the work schedule.

Pamlico County Schools may require employees to provide medical certification to confirm the employee's or the employee's family member's serious health condition. The information requested shall be no more than that allowed by the FMLA. Under certain circumstances, the Finance Officer may request a second or third certification if there is reason to doubt the validity of the medical certification.

Before returning to work from FMLA leave for a serious health condition, the employee will be required to present a "fitness-for-duty" certificate which states that the employee is able to return to work.

Pamlico County Schools may require an employee to periodically report on his status and intent to return to work. Any employee who is taking leave through the end of an academic semester shall be required to report on his intent to return to work no later than four (4) weeks before the end of the academic semester. In addition, the employee may be required to report on a regular basis during the period in which he is on FMLA leave.

4701.4 Substitution of Paid Leave

3802.4

Accrued vacation or personal leave shall be substituted for any FMLA-eligible leave upon the request of the employee or the decision of Pamlico County Schools. Employees of Pamlico County Schools also may substitute paid sick or disability leave for FMLA-eligible leave in circumstances covered by Board Policy 3800/4700 for paid sick and disability leave. If paid leave is substituted under circumstances which qualify as FMLA leave, the leave can be counted towards the twelve (12) week entitlement of FMLA leave if designated as FMLA-eligible at the time leave is taken.

If paid leave is substituted for unpaid FMLA leave for continuous leave of more than ten (10) days, all employee responsibilities in the FMLA to provide notice for foreseeable and unforeseeable leave, medical certification, fitness for duty certification, and notice of intent to return to work, apply as specified in Board Policies 3800/4700, 3810/4710 and 3820/4720.

4701.5 Restoration to Equivalent Position

3802.5

Employees, except key employees, shall be restored to an equivalent or the same position upon return from FMLA leave. The equivalent position will have the same pay, benefits, and working conditions as the position held prior to the leave. The position also must involve substantially equivalent skill, effort, responsibility, and authority. All positions within the same job classification are considered to be "equivalent positions" for the purposes of this policy. For certified employees, all positions with the same salary and certification requirements also will be considered equivalent positions.

Key employees do not have the right to be restored to an equivalent or the same position upon return from FMLA leave. Key employees are salaried FMLA-eligible employees who are among the highest paid ten percent (10%) of all employees. If restoring a key employee would result in substantial and grievous economic injury to the Pamlico County Schools, then there is no obligation to restore the employee to the same or an equivalent position. Employees shall be informed at the time leave is taken if they are considered key employees and shall be informed once a determination is made that the employee will not be restored to the same or an equivalent position. A key employee who has been informed that he will not be restored still has rights to health benefits for the full period in which he is eligible for FMLA leave.

4701.6 Continuation of Health Benefits

3802.6

Health benefits shall be continued for the duration of FMLA leave. This includes key employees who have been notified that they will not be restored to an equivalent position. The health care benefits shall be the same as if the employee were continuing to work. Employees do not have the right to the accrual of earned benefits during the leave. If an employee takes intermittent or reduced leave, the employee has the right to maintain the same health care benefits, but earned benefits may be reduced in proportion to hours worked where such a reduction is normally based upon hours worked.

Health insurance premiums paid while an employee is on FMLA may be recovered if the employee does not return to work after leave so long as the reason for not returning does not relate to a serious health condition or to circumstances beyond the employee's control.

4701.7 Posting Requirement

3802.7

The Superintendent or his designee shall ensure that notices of FMLA provisions and information on procedures for filing complaints are posted in places where employees and applicants would find it readily accessible.

4701.8 Record-Keeping Requirement

3802.8

The Finance Officer will be responsible for maintaining records of the following information for at least three years: basic payroll and identifying employee data; dates (or hours) of FMLA leave taken by employee; copies of employee notices, including general and specific notices, as well as any other documents describing

employee benefits or policies; premium payments of employee benefits; and records of disputes between Pamlico County Schools and any employee regarding designation of FMLA leave.

Medical information, such as that relating to medical certifications, is confidential and must be maintained in separate files or records.

Legal Reference: Family and Medical Leave Act of 1993, 29 U.S.C.S. § 2601; 29 C.F.R. Part 825.

Adopted: June 5, 2000

4710 MATERNITY/FAMILY LEAVE 4710

An employee desiring maternity/family leave shall file a written request with the Personnel Office.

Legal Reference: G.S. 115C‑36, ‑47

Adopted: June 5, 2000

4711 RELIGIOUS OBSERVANCE 4711

An employee desiring religious observance leave shall file a written request with the Personnel Office.

Legal Reference: G.S. 115C‑36, ‑47

Adopted: June 5, 2000

4712 MILITARY LEAVE 4712

An employee desiring military leave shall file a written request with the Personnel Office.

Legal Reference: G.S. 115C‑12, ‑36, ‑47

Adopted: June 5, 2000

4713 JURY DUTY 4713

An employee desiring jury duty leave shall file a written request with the Personnel Office.

Legal Reference: G.S. 115C‑12, ‑36, ‑47

Adopted: June 5, 2000

4714 ABSENCES DUE TO INCLEMENT WEATHER 4714

On a day that employees are required to report for a workday, but students are not required to attend school due to inclement weather, an employee may elect not to report due to hazardous travel conditions and to take one of his annual vacation days or to make up the day at a time agreed upon by the employee and the immediate supervisor or principal.

Days missed because of inclement weather must be made up within the work week established by the Board of Education.

If the day is not made up or an annual leave day is not substituted, the employee will be considered absent without pay.

Legal Reference: G.S. 115C‑316

Adopted: June 5, 2000

4720 VACATION 4720

Paid vacation shall be earned by all full-time employees at the rate granted to state public school employees.

4720.1 Vacation may be accumulated with a maximum of thirty (30) days being carried forward to July 1 of any calendar year.

4720.2 Unused vacation shall be transferred with an employee who transfers to the Pamlico County Board of Education from another public school unit in North Carolina as long as the employee remains in a permanent, full-time position.

4720.3 The Superintendent may recall an employee from vacation or ask that he postpone vacation if there is an urgent need for his or her services. In such event, vacation will be re-scheduled at a time mutually agreed upon.

4720.4 The Superintendent is responsible for maintaining vacation records for each employee and for implementing this policy within the state law and the state administrative code.

Legal Reference: G.S. 115C-316

Adopted: June 5, 2000

4730 VOLUNTARY SHARED LEAVE 4730

3830 3830

Qualified employees may donate annual and sick leave to employees who, by reason of prolonged absence caused by serious medical conditions, are likely to suffer financial hardship.

Eligibility to Receive Donated Leave

4730.1 Only permanent full-time and permanent part-time employees are eligible to receive

3830.1 donated leave.

4730.2 In order to be eligible to receive donated leave, an employee, at the time of receipt,

3830.2 must have no more than ten (10) days of sick and annual leave combined. Instructional personnel, who may not use donated annual leave on student attendance days, will be eligible with no more than five (5) days of sick leave.

4730.3 An employee who is receiving benefits from the Disability Income Plan is not

3830.3 eligible to receive donated leave.

4730.4 An employee who faces a prolonged absence from work because of a serious

3830.4 medical condition affecting the employee or a member of his immediate family may apply to the Superintendent or his designee for donated leave. Application may also be made by a third person acting on the employee's behalf. The term "immediate family" includes the employee's spouse, children, parents, and any other dependents residing in the employee's household. The Superintendent or his designee shall approve or disapprove all requests for receipt of donated leave.

Eligibility to Donate Leave

4730.5 Any employee who has in excess of five (5) sick leave days accumulated or in

3830.5 excess of five (5) annual leave days accumulated is eligible, subject to the restrictions outlined below, to donate leave to an employee who qualifies and is approved by the Superintendent or his designee to receive leave. Pamlico County Board of Education employees may donate leave only to other Pamlico County Board of Education employees.

4730.6 All leave donations must be to a designated employee approved by the Superinten-

3830.6 dent or his designee for receipt of donated leave. Donations may not be made to a pool or bank.

4730.7 All donations must be in writing and signed by the donating employee. The

3830.7 employee to receive the donation of leave must be named and the amount and type of donated leave specified.

4730.8 Any eligible employee may donate annual leave. A donating employee may not

3830.8 donate annual leave in an amount in excess of the amount that he could earn in one year.

Sick leave may be donated only to a Board employee who is a member of the donor's family. The term "family" includes the employee's spouse, children, parents, and any other dependents residing in the employee's home. A donor of sick leave must retain at least five (5) days of sick leave.

4730.9 The donating employee may not receive compensation in any form for the donation

3830.9 of leave. Any employee giving or receiving such compensation may be subject to discipline up to and including dismissal.

Use of Donated Leave

4730.10 An employee may normally receive no more than 130 work days of donated leave,

3830.10 either continuously or for the same condition on a recurring basis. After 130 work days have been used, the Superintendent or his designee may extend this limit on a month-to-month basis. No employee may receive more donated leave than the number of working days in the twelve months following the first day of donated leave use.

4730.11 All donated leave must be used in one-half or whole day units.

3830.11

4730.11 Holidays falling during the period of use of donated leave will be paid. The

3830.12 employee using donated leave will continue to earn annual and sick leave.

4730.12 An employee receiving pay from Worker's Compensation may use donated leave

3830.13 during the required waiting period and to add to the compensation as provided by State Board of Education regulations.

4730.13 At the expiration of the medical condition, as determined by the Superintendent or

3830.14 his designee, any annual leave in excess of ten (10) days will be returned on a pro rata basis to the donors.

4730.14 Donated leave will not be counted in the receiving employee's account total on

3830.15 June 30.

Legal Reference: G.S. 115C-47

Adopted: June 5, 2000

4800 4800

3900 GRIEVANCE PROCEDURE FOR EMPLOYEES 3900

A. General Requirements

1. The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which arise from time to time and affect employees. Proceedings arising therefrom shall be held in confidence by the Board and its agents except as required by law and this policy.

2. All parties in interest in any grievance filed pursuant to this policy shall conduct themselves in a professional manner at all times during the investigation and hearing of the grievance.

3. No reprisals of any kind shall be taken by the Board or by an employee of the Pamlico County Schools against any party in interest or other employee on account of his participation in a grievance filed and decided pursuant to this policy.

4. Each decision shall be in writing, setting forth the decision and reason therefor, and shall be transmitted promptly to all parties in interest.

5. All meetings and hearings conducted pursuant to this policy shall be private. The grievant may request that any hearing conducted by the Board be open to the public. The Board may conduct an open hearing only upon unanimous vote of the Board members present to hear the grievance.

6. The Board and administration will cooperate with the employee(s) and his representative in the investigation of any grievance and will furnish the employee or his representative with information pertinent to the grievance without cost to the grievant or the employee against whom the grievance is filed.

7. Should, in the judgment of the Superintendent and/or designee, the investigation or processing of any grievance require the absence of the grievant(s) and/or his representative from regular assignments, such absences will be excused without loss of pay or benefits.

B. Definitions

1. Grievance ‑ A formal written claim by an employee, or employee against another employee that: a) there has been a violation, misapplication, or misinterpretation of state or federal law or regulation, school board policy, or administrative regulation; b) an employee has been subject to discrimination on the basis of race, religion, sex, national origin, age or handicap; or c) there exists a physical condition which jeopardizes an employee's health or safety, or which interferes with an employee’s

ability to discharge his responsibilities properly and effectively. The term "grievance" shall not apply to any matter for which the method of review is prescribed by law or the Board of Education is without authority to act.

2. Employee ‑ Any person employed by the Pamlico County Schools.

3. Grievant ‑ The employee(s) making the claim.

4. Parties in Interest ‑ The grievant and the person against whom the grievance is filed.

5. Days ‑ The working days, exclusive of Saturdays, Sundays, vacation days or holidays, as set forth in the aggrieved employee's employment calendar. In counting days, the first day shall be the first full working day following receipt of the grievance.

C. Time Limitations

1. Timeliness ‑ A formal grievance shall be filed as soon as possible, but in no event longer than thirty (30) days after disclosure of the facts giving rise to the grievance. The grievance shall be filed at that step given below at which a decision on the matter can be made. Except by mutual written agreement, failure by the official at any step to communicate a decision within the specified time limit shall permit the grievant to appeal at any step a grievance to the next step; likewise, failure by the grievant at any step to appeal a grievance to the next step within the specified time limit shall be considered acceptance of the decision at that step.

2. Time Limits ‑ All time limits herein shall consist of workdays except that when a grievance is submitted on or after May 1, time limits shall consist of all weekdays (Monday ‑ Friday) so that the matter may be resolved before the close of the school term or soon thereafter as possible. The number of days indicated at each level should be considered a maximum and every effort should be made to expedite the process. Upon agreement of the parties in interest, and with the approval of the Superintendent, the beginning of the time limits herein may be postponed until the beginning of the next school year for a grievance arising after May 1.

D. Procedure

It is usually desirable for an employee and his immediate supervisor to resolve problems through free and informal communication. However, should such informal processes fail to satisfy the employee then a grievance may, at the option of the employee(s), be processed pursuant to the steps set forth below.

All grievances shall be in writing and the written statement of grievance shall remain the same throughout all steps of the grievance procedure.

Step 1: The employee(s) shall present the grievance in writing to his immediate supervisor or the supervisor's designee, who shall arrange for a grievance file number to be assigned by the Personnel Office. The written grievance shall name the employee(s) against whom the grievance is filed and shall set forth the facts constituting the grievance and the specific laws, regulations, policies, procedures or physical conditions involved. A meeting will take place at a mutually agreed‑upon time within five (5) days after receipt of the grievance. Each party may have one (1) representative at this meeting. The immediate supervisor or his designee shall provide the aggrieved employee(s) with a written response to the grievance within four (4) days after the meeting.

In the event the immediate supervisor or his designee determines at the outset that a Step 1 review is inappropriate, the grievance procedure may originate at Step 2.

Step 2: If the grievance is not resolved at Step 1, within four (4) days of receipt of the Step 1 decision, the employee(s) may refer the grievance for review by the Superintendent or his designee pursuant to Step 2. The Superintendent or his designee shall arrange for a meeting with the employee(s) to take place within five (5) days of his receipt of the appeal. Each party may have one (1) representative at this meeting. The Superintendent or his designee shall provide the aggrieved employee(s) with a written decision within four (4) days after the meeting.

Step 3: If the grievance has not been resolved at Step 2, the grievant may submit a written request for an appeal to the Board of Education. This request must be submitted within ten (10) days of receipt of the Step 2 decision. The Chairman of the Board may designate a committee of three (3) or more members to hear the grievance. No new evidence, written or verbal, may be presented without the prior knowledge and consent of both parties or upon a majority vote of the Board or its committee. Each party may have one (1) representative at the hearing before the Board or its committee.

The Board or its designated committee shall render a decision, in writing, within thirty (30) days of receipt of the request for Board review. The decision of the Board or its committee may affirm, disaffirm, or modify the decision of the Superintendent. The decision of the Board or its committee shall be final.

Legal Reference: Title IX of the Education Amendments of 1972; G.S. 115C‑47

Adopted: June 5, 2000

4900 FAIR LABOR STANDARDS ACT COMPLIANCE 4900

It is the policy of the Pamlico County Board of Education to comply with the wage and hour requirements of the Fair Labor Standards Act for all non‑exempt employees.

Employees who are considered exempt under the Fair Labor Standards Act are not entitled to overtime pay or compensatory time.

Generally, an exempt employee must receive his or her full salary for any workweek in which the employee performs any work, other than deductions from pay authorized by the FLSA. If an exempt employee believes that an improper deduction has been made, the employee should immediately report this information to his/her direct supervisor. Reports of improper deductions will be promptly investigated and the employee will be promptly reimbursed for any improper deduction. If the employee is dissatisfied with the decision, the employee may file a grievance under Policy 3900/4800.

All employees shall be governed by the applicable record-keeping and overtime provisions of the Act. Overtime shall not be worked by non‑exempt employees except in emergencies or extraordinary circumstances with prior approval from the employee's immediate supervisor. Supervisors shall make every attempt to modify an employee's schedule to avoid his working more than forty (40) hours in a given week. If overtime is approved, the supervisor shall notify the Superintendent and/or Finance Officer of this fact within one work day.

Non‑exempt employees may accrue compensatory time in lieu of receiving overtime pay for all hours worked beyond forty (40) in a given work week. A maximum of two hundred forty (240) compensatory time hours may be earned by an employee. Employees will receive payment for any overtime earned in excess of this amount. Employees are encouraged and expected to take compensatory time within one pay period following the time it is earned. Employees must obtain approval from their immediate supervisors before taking compensatory time.

The "work week" for non‑exempt employees is defined as the continuous one hundred sixty‑eight (168) hour period commencing at 12:01 a.m. each Sunday.

Legal Reference: The Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq.

Adopted: June 5, 2000

Revised: June 6, 2005