Staff Conduct
(And Responsibilities)
All staff members have a responsibility to make themselves familiar with and abide by federal and state laws as these affect their work, and the policies and regulations of the district.
As representatives of the district and role models for students, all staff must demonstrate and uphold high professional, ethical and moral standards. Staff members must conduct themselves in a manner that is consistent with the educational mission of the district and shall maintain professional boundaries with students at all times in accordance with this policy’s accompanying regulation. Interactions between staff members must be based on mutual respect and any disputes will be resolved in a professional manner.
Rules of conduct
Each staff member must observe rules of conduct established in law which specify that a school employee must not:
- Disclose or use confidential information acquired in the course of employment to further substantially the employee’s personal financial interests.
- Accept a gift of substantial value or substantial economic benefit tantamount to a gift of substantial value which would tend to improperly influence a reasonable person in the position to depart from the faithful and impartial discharge of the staff member’s duties, or which the staff member knows or should know is primarily for the purpose of a reward for action taken.
- Engage in a substantial financial transaction for private business purposes with a person whom the staff member supervises.
- Perform an action which directly and substantially confers an economic benefit tantamount to a gift of substantial value on a business or other undertaking in which the staff member has a substantial financial interest or is engaged as counsel, consultant, representative or agent.
All staff members are expected to carry out their assigned responsibilities with conscientious concern. Employees shall foster respectful relationships, nurture a positive school environment and culture, and promote safety and equity for all students, staff and community.
It is not considered a breach of conduct for a staff member to:
- Use school facilities and equipment to communicate or correspond with constituents, family members or business associates on an occasional basis.
- Accept or receive a benefit as an indirect consequence of transacting school district business.
Essential to the success of ongoing school operations and the instructional program are the following specific responsibilities which are required of all personnel:
- Faithfulness and promptness in attendance at work.
- Support and enforcement of policies and regulations of the district in regard to students.
- Diligence in submitting required reports promptly at the times specified.
- Care and protection of school property.
- Concern and attention toward the safety and welfare of students.
Child abuse
All district employees who have reasonable cause to know or suspect that any child is subjected to abuse or to conditions that might result in abuse or neglect must immediately upon receiving such information report such fact in accordance with district policy and state law.
The superintendent is authorized to conduct an internal investigation or to take any other necessary steps if information is received from a county department of social services or a law enforcement agency that a suspected child abuse perpetrator is a school district employee. Such information must remain confidential except that the superintendent must notify the Colorado Department of Education of the child abuse investigation.
Possession of deadly weapons
The district’s policy regarding public possession of deadly weapons on school property or in school buildings applies to district employees. However, the restrictions do not apply to employees who are required to carry or use deadly weapons in order to perform their necessary duties and functions.
Felony/misdemeanor convictions
If, subsequent to beginning employment with the district, the district has good cause to believe that any staff member has been convicted of, pled nolo contendere to, or received a deferred or suspended sentence for any felony or misdemeanor other than a misdemeanor traffic offense or infraction, the district must make inquiries to the Department of Education for purposes of screening the employee.
In addition, the district must require the employee to submit a complete set of fingerprints taken by a qualified law enforcement agency, an authorized district or BOCES employee, or any third party approved by the Colorado Bureau of Investigation. Fingerprints must be submitted within 20 days after receipt of written notification. The fingerprints must be forwarded to the Colorado Bureau of Investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado Bureau of Investigation and the Federal Bureau of Investigation. When the results of the fingerprint-based criminal history record check reveal a record of arrest without a disposition, the district must require the employee to submit to a name-based criminal history record check. Criminal history record information must be used solely for the purpose requested and cannot be disseminated outside the receiving departments, related agencies, or other authorized entities.
Disciplinary action, which could include dismissal from employment, may be taken against personnel if the results of fingerprint processing and/or name-based criminal history record check provide relevant information. Non-licensed employees must be terminated if the results of the fingerprint-based or name-based criminal history record check disclose a conviction for certain felonies, as provided in law.
Employees must not be charged fees for processing fingerprints under these circumstances.
Unlawful behavior involving children
The district may make an inquiry with the Department of Education concerning whether any current employee of the school district has been convicted of, pled nolo contendere to, or received a deferred or suspended sentence or deferred prosecution for a felony or misdemeanor crime involving unlawful sexual behavior, an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act, or unlawful behavior involving children. Disciplinary action, including termination, may be taken if the inquiry discloses information relevant to the employee’s fitness for employment.
Notification concerning arrests
District employees must notify the district when they are arrested for specific criminal offenses, in accordance with this policy’s accompanying regulation.
The district must notify students’ parents/guardians when district employees are charged with specific criminal offenses, as required by state law and in accordance with applicable district policy.
Personnel addressing health care treatment for behavior issues
School personnel are prohibited under state law from recommending or requiring the use of psychotropic drugs for students. They are also prohibited from testing or requiring testing for a student’s behavior without giving notice to the parent/guardian describing the recommended testing and how any test results will be used and obtaining prior written permission from the student or from the student’s parent/guardian. See the district’s policy concerning survey, assessment, analysis or evaluation of students. School personnel are encouraged to discuss concerns about a student’s behavior with the parent/guardian and such discussions may include a suggestion that the parent/guardian speak with an appropriate health care professional regarding any behavior concerns.
Adopted: Prior to 2018
Revised: January 2018
Revised: September 2020
Revised: January 2021
Revised: June 2022
Reviewed: September 2023
LEGAL REFS.: 28 C.F.R. 50.12 (b) (notification requirements regarding fingerprints)
C.R.S. 18-12-105.5 (unlawful carrying/possession of weapons on school grounds)
C.R.S. 18-12-214 (3)(b) (school security officers may carry concealed handgun pursuant to valid permit)
C.R.S. 19-3-308 (5.7) (child abuse reporting)
C.R.S. 22-1-130 (parent notification of employee criminal charges)
C.R.S. 22-2-119.3 (6)(d) (name-based criminal history record check – definition)
C.R.S. 22-32-109 (1)(ee) (duty to adopt policy prohibiting personnel from recommending certain drugs for students or ordering behavior tests without parent permission)
C.R.S. 22-32-109 (1)(pp) (annual employee notification requirement regarding federal student loan repayment programs and student loan forgiveness programs)
C.R.S. 22-32-109.1 (8) (policy requiring inquiries upon good cause to department of education for purpose of ongoing screening of employees)
C.R.S. 22-32-109.7 (duty to make inquiries prior to hiring)
C.R.S. 22-32-109.8 (non-licensed personnel – submittal of fingerprints and name-based criminal history record check)
C.R.S. 22-32-109.8 (6)(a) (requirement to terminate non-licensed employees for certain felony offenses)
C.R.S. 22-32-109.9 (licensed personnel – submittal of fingerprints and name-based criminal history record check)
C.R.S. 22-32-110 (1)(k) (power to adopt conduct rules)
C.R.S. 24-18-104 (government employee rules of conduct)
C.R.S. 24-18-109 (local government employee rules of conduct)
C.R.S. 24-18-110 (voluntary disclosure)
CROSS REFS.:
Administrative policies:
JLC, Student Health Services and Records
JLDAC, Screening/Testing of Students (And Treatment of Mental Disorders)
JLF, Reporting Child Abuse/Child Protection
KFA, Public Conduct on District Property
Lake County School District R-1, Leadville, Colorado