MYTHS, WIVES’ TALES & URBAN

LEGENDS

DEBUNKING ER MISCONCEPTIONS

JUNE 2015

EMPLOYEE CIVILITYThe Myth – “A staff member is a known “complainer” but there’s nothing I can do.”

The Truth - While every employee has a right to an opinion, when acting as a representative of the District, employee actions are governed by District policy and the Principles of Professional Conduct for Florida Educators (applicable to all District employees).

In addition, the First Amendment does not allow a person to engage in any speech that will create a disruption to the orderly workings of a school or that would be considered disparaging towards any other person or protected class. As an organization, we have the right to set standards for behavior, including staff and student verbal and nonverbal expressions.

Examples: Giving personal opinion on student-led Day of Silence. Making derogatory or degrading comments about other employees.

PERFORMANCE ISSUES

The Myth – “It’s impossible to fire a bad employee.”

The Truth – All employees are bound by Board Policies and as conditions of their employment. Continued performance, skill or behavioral deficiencies, when addressed and documented correctly, can be cause to recommend termination or nonrenewal of contracts.

If an employee’s behavior or performance warrants a disciplinary action, either formal or informal, then the administrator is obligated to address it. The Office for Employee Relations regularly assists administrators with terminating or non-reappointing employees who do not meet performance expectations.

USE OF ESEMBLER

The Myth: “I can’t FORCE employees to use eSembler. I can only request that they do.”

The Truth: The purpose of eSembler is to keep stakeholders informed regarding student progress, thus it is reasonable to expect that grades are entered consistently. Many administrators in our district require this and have documented employees who do not meet this expectation.

INSTRUCTIONAL INCOMPETENCY

The Myth: “The only way to document instructional incompetency is through the Marzano framework.”

The Truth: Instructional staff are responsible for many essential tasks, including classroom instruction. Other elements that are required include lesson planning, classroom management, participation in PLCs, timely grading of student work, maintaining a gradebook, timely response to parent calls/emails, mandatory participation in team/student meetings, documentation of required paperwork, etc.

The Office for Employee Relations can assist with documenting both in connection with and separate from the instructional evaluation cycle.

LETTER WRITING

The Myth – “Written documentation is complicated and time-consuming.”

The Truth – Every administrator is expected to be able to conduct a disciplinary meeting and to summarize the meeting in documentation provided to the employee. However, the ER staff has provided template of formal and informal letters in our Taking Action Manual for administrators to use. Some situations may call for ER staff to support you in an employee meeting.

Administrators should ask ER to review every formal documentation for content and clarity prior to issuing it to the employee.

PROBATIONARY RELEASES

The Myth: “I don’t need any documentation, I can just let an employee go during their probationary period.”

The Truth: Although a probationary release can be made without just cause, our District typically requires that an employee be notified of their deficiencies and administration’s expectations before they are released during probation.

You must notify Employee Relations when you are considering this option so we can request approval from the Superintendent.

ER OFFICE

The Myth – “ER responds to all employee questions.”

The Truth – There are many things that the Office for Employee Relations’ doesn’t handle including leaves, benefits, and paychecks.

If you’re not sure which department can respond to an employee’s question, please investigate before providing the employee with contact information. We’re happy to assist you with finding the proper department to assist you.

EXTENDING HOLIDAY LEAVESThe Myth – “If an employee has accumulated vacation time, I can’t deny their request for time off.”

The Truth – Administrators have a responsibility to maintain sufficient staff to sustain the orderly operations of the worksite. If granting a leave request would result in a significant disruption, it can be denied with an explanation that the employee can resubmit the request with different dates. Employees are eligible for time off but not always entitled to take it. That being said, if an employee has earned vacation time, we should try to allow them to take it, when possible.

If there is a date that several employees have requested off, we recommend implementing a “first asked, first approved” policy. If two employees submit a request at the same time and only one can be approved, you can use seniority status to determine who gets to use the vacation time.

ATTENDANCE TRACKING

The Myth: I cannot do anything if they have paid time or a doctor’s note.

The Truth: Employees’ attendance can be addressed even if it is paid time. Please contact Employee Relations before addressing an employee’s attendance that involves a medical reason.

PLANNING TIME

The Myth: “It’s okay to allow staff with child care issues to come in late every day, I can just give her planning first period.”

The Truth: All employees must be at their assigned worksite through the duration of their contracted work hours. Employees MAY leave the worksite during an unpaid lunch but they may not leave during any paid time, including planning time.

INVESTIGATIONS

The Myth: “ER will investigate every employee concern at my worksite.”

The Truth: Most complaints are addressed by the school administrator or department supervisor. ER staff is involved when complaints are based on a legally protected class (i.e. race, sex, age), when CPI is investigating and/or if any formal disciplinary action may be taken based on the outcome of the investigation.

INVESTIGATION BASICS

The Myth: “Some complaints are so absurd that I don’t even need to address them.”

The Truth: Administrators should take all complaints seriously and initiate a timely and confidential investigation that allows the complainant, the respondent, and all relevant witnesses to be heard. The investigation will conclude with one of three findings: the claim will be unsubstantiated (no wrong-doing), the claim will be substantiated (obvious wrong-doing) or you will not be able to make a determination based on the information collected. The outcome should be given to the involved parties and any appropriate disciplinary actions taken. Investigation documentation should be preserved and any patterns of behavior should be addressed.

SOCIAL MEDIA GUIDELINES

The Myth: “What employees post on their own time is their own business.”

The Truth: Not if it crosses into or disrupts the work place. Employees may post their personal opinions about people or the school but they may not bully or threaten colleagues or students. Posts must remain in line with the Ethical Standards for Employees and may not violate District Policy.

CIVIL RIGHTS

The Myth: The District is promoting alternative lifestyles as part of a liberal agenda.

The Truth: Regardless of any personal opinions, the District believes that all members of the school community should feel safe and respected and the District is committed to the protection of civil rights.