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Table of Contents INFORMATION ABOUT DORAZIO LEARNING CENTER Mission Statement Affirmative Action Policy Equal Employment Opportunity Purpose of this Handbook/At Will Policy Statement Main Office Location Communication Numbers School Hours Pay Days Contract Hours EMPLOYEE CLASSIFICATIONS & DEFINITIONS B-1 Employee Classifications Certificated Classified Other Terms SUMMARY OF BENEFITS A-1
Bereavement Civic Duties Health, Hospitalization, & Dental Insurance Holiday Pay Leaves of Absence Sick Time Vacation Worker’s Compensation Insurance POLICIES D-1 Arbitration At-Will Employee Status Child Abuse Reporting COBRA/Cal-COBRA Organization-Sponsored Social & Recreational Activities Computers, E-Mail, Voice-Mail, Fax &Copy Machines & Other Organization Owned/Maintained Equipment Computer Software Confidentiality Conflict of Interest Dishonesty, Misrepresentations & Fraud Dress Code
Driving on Organization Business Employment of Relatives Ethical Behavior Fraternization Harassment Introductory Period Meal & Rest Breaks Non-Violence Other Rules & Standards Outside Employment Overtime, Timekeeping Procedures & Other Records Parking Personal Mail, Telephone Calls, Cell Phones & Visits Personnel Records Proof of Right to Work Reference Verification Reimbursement Safety Searches & Inspections Severability Solicitation & Distribution of Literature Substance Abuse Tardiness, Attendance & Absenteeism Theft Use of Property & Property Issued
INFORMATION ABOUT DORAZIO LEARNING CENTER Dorazio Learning Center has adopted this Employee Handbook for use in providing information to its Employees about its benefits and basic policies. This Handbook does not alter the At Will relationship between any Employee and the Organization nor does it create a contract, expressed or implied. This Handbook should not be considered all-inclusive, but rather a set of guidelines. This Handbook shall supersede all other employee handbooks and policy manuals issued prior to the date below. Additionally, this Handbook can be changed by the Organization at any time but can only be changed in writing by the Board of Directors. Regardless of the date of hire, Employees are subject to any amendments, deletions and changes to the Handbook. Mission Statement The mission of Dorazio Learning Center is to provide all children with an education that inspires, empowers and motivates them to the highest form of themselves. We do this by… Accepting and treating all students with respect, dignity, care and compassion Creating an inclusive environment where all general and special education students receive individualized academic programs Creating a classroom culture where students develop a joy and passion for learning as they build relationships with other students and actively participate in their classrooms Affirmative Action Policy Dorazio Learning Center evaluates all employees and applicants on the basis of their qualifications, consistent with applicable state and federal laws, without regard to race, religion, creed, color, sex, sexual orientation, actual or perceived gender identity, national origin, ancestry, citizenship status, uniformed service member status, marital status, pregnancy, age, medical condition (cancer or HIV/AIDS-related), handicap, disability, political activity or any other consideration. The Organization is committed to providing equal employment opportunities. Decisions concerning employment will be based on the individual’s qualifications, as they relate to the requirements of the position under consideration. The phrase “employment decisions” includes recruitment, hires, promotions, compensation, benefits, transfers, discipline, termination (including layoffs), recalls and training (including apprenticeship).
It is also the policy of the Organization to seek to employ qualified disabled persons. Any employment decision, as that phrase is described above, will be based on the job requirements of the position and the ability of the Organization to make reasonable accommodations to the physical or mental limitations of the individual. The effective implementation of this policy is the responsibility of management and each employee.
Equal Employment Opportunity Dorazio Learning Center is an equal opportunity Employer and makes employment decisions on the basis of merit. Company policy prohibits unlawful discrimination based on race, religion, creed, color, sex, sexual orientation, actual or perceived gender identity, national origin, ancestry, citizenship status, uniformed service member status, marital status, pregnancy, age, medical condition (cancer or HIV/AIDS-related), handicap, disability, political activity or any other consideration made unlawful by federal, state or local laws. Purpose of this Handbook/ At Will Policy Statement This Handbook is designed to acquaint Employees with the Organization and to provide a ready reference to answer most questions regarding employment with the Organization. The contents of this Handbook, however, constitute only a summary of the employee benefits, personnel policies, and employment regulations in effect at the time of publication. This Handbook should not be construed as creating any kind of employment contract since the Organization has the ability to add, change or delete wages, benefits, policies and all other working conditions, as it deems appropriate, without obtaining another person's consent or agreement. At Will Policy Statement Nothing in this Handbook creates or is intended to create a promise or representation of continued employment. Employment at the Organization is employment At Will and may be terminated at the will of either the Organization or the Employee. An Employee has the right to terminate employment at any time, with or without cause or notice, and the Organization has a similar right. An Employee's status as an “At Will” Employee may not be changed except in writing signed by the Executive Director or the Board of Directors. Employment At Will is the sole and entire agreement between the Organization and its Employees concerning the duration of employment and the circumstances under which employment may be terminated. This Handbook shall supersede any and all prior handbooks, written documents or oral representation, issued by the Organization, that contradict the At Will nature of employment.
Main Office Location Dorazio Learning Center 1935 East 17th Street, Suite D Santa Ana, Ca 92705 Contact Numbers Tel: (714) 763- 4164 Fax: (714) 763- 4165 www.doraziolearningcenter.com School Hours Kindergarten Full day School Begins 7:45 am School Dismissal 2:00 pm First – Fifth Grade School Begins 7:45 am School Dismissal 2:20 pm Pay Days All Employees: Hours worked from the first (1st) through the last calendar day of the month. If a payday falls on a Saturday or Sunday, the payday will be the Friday prior to the last weekend of the month. If a holiday falls on or before a Saturday/ Sunday payday, the payday will be the workday before the holiday. Any questions about the pay amount or deductions should be brought to the attention of the Board of Directors. Overtime, sick leave, vacation and leaves without pay will be considered in the pay period in which they occur and reflected in that period’s paycheck. Contract Hours All certificated employees must be on campus twenty minutes prior to the start of school and twenty minutes following the dismissal of students. During the contracted day, certificated employees as well as classified employees may be required to fill in for recess or lunch duty. EMPLOYEE CLASSIFICATIONS & DEFINITIONS Classified Staff A classified employee is anyone in a position that does not require a certification. The classified staff is listed in three subgroups, with an individual staff member counted in only one of the subgroups. The "Paraprofessional" subgroup includes teaching assistants, teacher aides, pupil services aides, and library aides. "Office/clerical" staff are those with clerical or administrative support duties, such as the school secretary. The "Other" subgroup includes all the remaining noncertificated staff, including custodians, bus drivers, and cafeteria workers.
Certificated A certificated employee is anyone in a position that requires certification/credential. Certificated staff refers to any or all of the following subgroups: school administrators and teachers. Certificated staff are required to maintain active status with any and all credentials that pertain to the position held. Dorazio Learning Center is not responsible for covering any costs incurred by the staff (i.e. fingerprints, course work, renewal fee) during the process of renewal. SUMMARY OF BENEFITS The Organization is pleased to offer the following benefits to its Employees. The Organization reserves the right to terminate or modify any or all of its benefits at any time, for any reason, with or without notice to Employees. Bereavement Paid bereavement leave is granted to all full-time and part-time Employees to make arrangements for and/or attend the funeral of an Employee’s immediate family. Paid bereavement leave is granted for a maximum of three (3) days per year. Such days shall not accrue or carry forward. Additional time needed in excess of paid bereavement leave may be taken in conjunction with vacation time or without pay upon approval by the Executive Directors. Immediate family includes spouse, significant other, parents, parents-in-law, siblings, grandchildren, grandparents, legal guardians and children. Civic Duties Jury Duty If an Employee receives a call to jury duty, the Employee is to immediately provide his/her supervisor with a copy of the subpoena for jury duty so that plans for the absence may be made with as little disruption to work as possible. Employees are not eligible to receive paid leave to serve on a jury. Employees who are released from jury duty before the end of their regularly scheduled work day or who are not asked to serve on a jury panel are expected to call one of the Executive Directors as soon as possible and report to work if requested to do so. Witness Duty If an Employee receives a subpoena to appear in court, the Employee is to notify one of the Executive Directors immediately with a copy of the subpoena for witness duty. Employees are expected to return to work as soon as service as a witness is completed. Witness duty is not paid by the Organization. Appearance in Court If an Employee is required to appear in court because the Employee is a victim of a crime or domestic violence, the Employee is to notify and provide one of the Executive Directors immediately with a copy of the Court Order or subpoena so that plans for the absence may be made with as little disruption to work as possible. Time off for appearance in court is not paid by the Organization. Health, Hospitalization, & Dental Insurance Information about the Organization sponsored Health, Hospitalization, and Dental
Insurance Plans should be obtained from the Executive Directors. The terms and requirements of the Plans are set forth in the Summary Plan Descriptions. Full-Time Employees Full-Time Employees are eligible for health insurance on the first (1st) of the month following their first ninety (90) days of continuous employment and as outlined in the Plans sponsored by the Organization. Copies of the Plans can be obtained from the Executive Directors. Part-Time and Temporary Employees Part-Time and Temporary Employees are not eligible for the Health, Hospitalization, and Dental Insurance Plans. The Organization may discontinue their Plans at any time. All applicable laws at the time of such discontinuance will apply to covered Employees regarding conversion and/or continuation. Paid Holidays Full-Time Employees shall receive pay for the following holidays : New Year’s Day Dr. Martin Luther King Jr. Birthday President’s Day Memorial Day Labor Day Veteran’s Day Thanksgiving Day Christmas Day New Year’s Eve Day Part-Time Employees Part-time Employees are eligible for Holiday Pay for the hours worked, if they are required to work on any of the above-holidays. Temporary Employees Temporary Employees are not eligible for Holiday Pay. Leaves of Absence Military Leave Employees who require time off from work to fulfill military duties will be treated in accordance with applicable requirements of state and federal laws. Employees are expected to notify their respective supervisor of upcoming military duty by providing the Executive Directors with a copy of the Employee’s orders as soon as possible. Paid Family Leave (PFL) Employees who take time off pursuant to a leave of absence program, either provided for by law or the policies of the Organization, to attend to an immediate family member who has a serious illness or for bonding with a child following birth, adoption or foster care placement, may apply to California for partial wage replacement, under the Paid Family Leave Act, for up to six (6) weeks. “Immediate family members” are defined by the law as the Employee’s spouse, child, stepchild, foster child, legal ward, parent, stepparent, foster parent, adoptive parent, registered domestic partner or the child of a registered domestic partner .Employees must be aware that the Paid Family Leave Act does not
require employers to hold their job, or any job, for them to return to. Therefore, Employees who opt to take time off and collect Paid Family Leave benefits are not guaranteed the ability to return to work with the Organization. The California Employment Development Department (EDD) can provide Employees with the necessary forms, or Employees may obtain a copy from the EDD’s website at www.edd.ca.gov. Employees requesting benefits under the Paid Family Leave Act must provide certification by a health care practitioner who has examined the family member with the serious illness verifying the need for the leave and providing certain information concerning the illness of the family member of the Employee. For up to six (6) weeks in a twelve (12) month period, Employees will not receive their regular salary but may apply for partial wage replacement by the State of California through the Employment Development Department (“EDD”). Employees who request time off will be given a brochure produced by the EDD that includes the information Employees need to apply for the partial wage replacement benefit. Application is made directly to the EDD on forms that are provided by the EDD. Employees will be required to use up to a maximum of two (2) weeks of accrued vacation days before partial wage replacement will begin. Benefit accruals such as vacation and sick time off will accrue during the time the Employee is using their accrued vacation days, but will not accrue once that time is exhausted and the Employee is eligible for or receiving partial wage replacement from the EDD. Unpaid Family Care Leave (FMLA) Employees who have completed at least twelve (12) months of employment and who have worked at least 1,250 hours in the last twelve (12) months, in addition to any other eligibility requirements established by federal and state law, are eligible for up to twelve (12) weeks of unpaid family leave during any twelve (12) month period measured backward from any date family or medical leave is taken. Under certain circumstances, Employees may be eligible for leave on an intermittent or reduced work schedule basis. Subject to certain conditions, Employees may choose (or the Company may require) the use of accrued paid leave (such as sick time or vacation leave) as a substitute for some or all of the family leave. Reasons for granting such leave include the birth of an employee’s child, the placement of a child with an employee for adoption or foster care, or a medical problem that requires an Employee to care for a spouse, child or parent who has a serious health condition. Employees must provide at least thirty (30) days advance notice to the Benefits Coordinator of the need for leave, or in case of an unforeseen circumstance in which thirty (30) days advance notice is not possible, the Employee must provide as much advance notice as is possible. Failure to comply with these notice requirements is grounds for, and may result in, deferral of the requested leave until Employee complies with this notice policy. Any request for family leave of absence to care for a spouse, parent or child must be accompanied by a statement, acceptable to the Company, from the relative’s health care provider certifying that the Employee is needed to care for the relative. Employees who satisfy all the conditions of the Company’s policies and who return to work immediately following the expiration of an approved family care leave will
be restored to their former position (or equivalent), provided such a job would still be available had they not taken a leave. Time spent on family care leave of absence will not be used for computing seniority or benefits such as vacation or holidays. During a family care leave of absence, the Employee can keep insurance benefits in effect for up to twelve (12) weeks by continuing to pay any share of the premium that the Employee normally pays while working. Please make arrangements with the Benefits Coordinator for these payments. Under some circumstances, if the Employee does not return to work at the expiration of the leave, the Employee may be required to reimburse the Company for its share of the premium paid during the leave. After the expiration of a twelve (12) week leave, an employee who has not returned to work may elect to continue insurance coverage by paying the entire cost of the insurance premium. Please make arrangements with the Benefits Coordinator for these payments. Failure to report to work as scheduled following a leave of absence may result in dismissal of the Employee. There are a number of factors which can affect the amount of unpaid medical leave for which an Employee is eligible. An employee’s combined family and medical leave may not exceed twelve (12) weeks in a twelve (12) month period, except under exceptional circumstances. For example, even if a female employee is not otherwise eligible for leave under this policy, she may be entitled to up to four (4) months of leave in connection with a disability due to pregnancy, childbirth or related medical conditions, depending on the period of actual disability. In addition, female employees may have certain rights to take both a pregnancy disability leave and a leave under the terms of this policy for reason of the birth of her child, and may also request a transfer to a less strenuous or hazardous position for the duration of the pregnancy. In some situations, requests for leave may also be limited where the request is made by certain highly compensated employees. Employees should speak directly with the Executive Directors prior to taking leave to ensure understanding of all rights and obligations while on leave. Failure to comply with Company policy may substantially affect an Employee’s rights. Remember, the duration of the leave, the availability of insurance benefits, the opportunity for reinstatement, and other privileges associated with this leave are limited to the requirements of state and federal law. No express or implied contractual rights should be inferred from this policy. Unpaid Family School Partnership Leave The Organization allows Employees to take brief periods of time off to attend school meetings in the event their child is suspended or otherwise disciplined. This time off is unpaid. Employees are also eligible for forty (40) hours of unpaid leave per year to participate in school or day-care related activities for their child, grandchild or ward. Employees must submit a request in writing to the Executive Directors in order to obtain approval for such leave and, if granted, must provide evidence to the Executive Directors that they have attended such school related activity. Domestic Violence/Sexual Assault/Serious or Violent Crime Employees may be eligible for unpaid leave if they are victims of domestic violence or sexual assault. If possible, Employees are expected to notify their
supervisor of upcoming time off in order to obtain approval for such leave as soon as possible. Employees who require time off from work will be treated in accordance with applicable requirements of state and federal laws. In addition, Employees who are related to a victim of a serious or violent crime may take unpaid time off to attend court proceedings related to that crime. The Employee must be the parent, child, spouse, stepchild, brother, stepbrother, sister, stepsister, stepmother or stepfather of the victim. Documents evidencing qualification for this leave will be required to be presented to the Executive Directors. Unpaid Pregnancy Leave Leaves for female Employees for disabilities relating to pregnancy or childbirth are available for up to four (4) months regardless of their length of service with the Organization. Employees who are granted leaves for pregnancy will be returned to their same or similar position in accordance with State law. A transfer to a less strenuous or hazardous position may be available pursuant to the Employee’s request, if such a transfer is medically advisable. Prior to the start of the leave, the Organization will require a statement from the Employee’s physician indicating inability to perform the current job and the anticipated date of return. In the event the leave exceeds the anticipated date of return, it is the Employee’s responsibility to provide further verification from the attending physician that the Employee is unable to perform the job and the revised anticipated date of return. The Organization may require Employees who are requesting leave, or who are already on a leave, to be examined by a physician of the Organization’s choice. Depending on an Employee’s eligibility, medical insurance may be continued during the leave in accordance with the Plan Document, Cal-Cobra/COBRA, or provisions of federal/state law relating to unpaid medical leave. Termination of Healthcare Benefits Employees who are on an approved leave of absence and using medical benefits provided to them through the Organization sponsored Employee Retirement Income Security Act (ERISA) qualified group healthcare plan are advised that these benefits are subject to the terms and conditions of the Plan. Therefore, healthcare benefits will terminate after the period of leave mandated under state or federal law, if any. In such cases, the Employee may elect COBRA (or, if applicable, Cal-COBRA) coverage to continue receiving benefits and he/she will be financially responsible for all premium payments. This policy applies to leaves of absence including, but not limited to, pregnancy, disability, workers’ compensation or any medical leave of absence (FMLA/CFRA/PFL) and regardless of whether or not it is a paid, unpaid or work-related leave of absence. For further clarification regarding termination of healthcare plan benefits, employees should talk to the Executive Directors to obtain the name and number of the Plan Administrator. Sick Time Following completion of an Employee’s ninety (90) day Introductory Period, an Employee shall be eligible for paid time-off for illness as described below. Sick time is provided for illness, doctors’ appointments, or other unexpected health matters causing an Employee to not be able to work. In addition, up to 3 days of accrued sick time may be used to care for a sick child, parent, spouse, domestic
partner or child of a domestic partner as described below. Full-Time Exempt and Non-Exempt Employees Full time employees are awarded a total of seven sick days and three personal necessity days per each calendar year. Part-Time Employees Part-Time Employees are not eligible for paid sick time. A maximum of three (3) unused sick days may be carried over to the following year. All other sick time not used by December 31st of each year will be forfeited. In other words, Employees may never have more than six (6) days of unused sick leave at any time. Once an employee has earned his or her full sick leave credit, the employee will not become eligible for any additional time in the subsequent year unless the total number of days accrued is less than six (6) days. Once accruals begin again, accruals will not be retroactive. Temporary Employees Temporary Employees are not entitled to paid sick time. Employees are not entitled to compensation for accrued and unused sick time upon termination. Sick days do not accrue during leaves of absence. POLICIES The identification of the policies described below is not all-inclusive. It is intended to provide Employees with an overview of what is expected from them. There may be other circumstances for which Employees may be disciplined, up to and including immediate termination. Employees who have any questions about these policies should discuss them with one of the Executive Directors. Arbitration The Organization promotes a mandatory system of alternative dispute resolution, which involves binding arbitration to resolve all disputes, which may arise out of the employment context. Because of the mutual benefits (such as reduced expense and increased efficiency) which private binding arbitration can provide both Employer and Employee, Employees agree that any claim, dispute, and/or controversy which would require or allow them to resort to a court or other governmental dispute resolution forum between Employee and Employer, shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act. At-Will Employment Status All Employees are considered “At Will” Employees. This means that the terms and conditions of employment may be changed with or without cause, with or without notice, including, but not limited to termination, demotion, promotion, transfer, compensation, benefits, duties and location of work. Only the Executive Directors or the Board of Directors, has authority to enter into any agreement, express or implied, for employment for any specific period of time, or to make any employment agreement for employment other than At Will; only the Executive Directors, or the Board of Directors, has the authority to make any such agreement and then only in writing signed by one of the Executive Directors or the Board of Directors. Such employment agreement may supersede
an Employee’s At Will status. Nothing in this Employee Handbook creates or is intended to create a promise or representation of continued employment. Employment is expressly At Will. Child Abuse Reporting CHILD ABUSE REPORTING PROCEDURES The Governing Board recognizes that school has a responsibility to facilitate the prompt reporting of incidents of child abuse and neglect. The Director, Child Welfare and Teachers, shall ensure that parents/guardians have access to procedures whereby they can report suspected child abuse by a school employee or others at a school site to appropriate child protective agencies. (cf: 1312.1 - Complaints Concerning School Personnel) (cf: 5171.1 - Child Abuse Prevention) The Director or designee shall establish regulations for use by employees in identifying and reporting child abuse. District employees shall report known or suspected incidences of child abuse in accordance with District regulations and state law. Employees shall fully cooperate with the child protective agencies responsible for reporting, investigating and prosecuting cases of child abuse. (cf. 4112.9 - Signed Statements) The Executive Director, Pupil Services, and/or the Director, Child Welfare and Teachers, can provide training in child abuse identification and reporting for all certificated personnel. Duty to Report Certificated employees and classified employees shall report known or suspected child abuse to a child protective agency by telephone immediately or as soon as practically possible and in writing within 36 hours. The reporting duties are individual and cannot be delegated to another individual except under circumstances set forth in Penal
Code 11166. Definitions 1. "Child Abuse" includes the following: a. A physical injury, including murder, inflicted by other than accidental means on a child by another person. b. Sexual abuse of a child, including rape and lewd or lascivious acts against a child under age 18. c. Willful cruelty or unjustifiable punishment of a child, or willfully inflicting unjustifiable physical pain or mental suffering, or failure to safeguard a child from these injuries when the child is under a person's care or custody. d. Unlawful corporal punishment or injury resulting in a traumatic condition. e. Neglect of a child or abuse in out-of-home care. 2. "Mandated Reporters" are those people defined by law as "child care custodians, " "health practitioners," "child visitation monitors" and "employees of a child protective agency." The following school personnel are required to report: Teachers, administrators, health technicians, supervisors of child welfare and attendance, other certificated employees, preschool teachers, school psychologists, licensed nurses, counselors, academic advisors, instructional aides and other classified employees trained in child abuse reporting. 3. "Child Protective Agencies" are those law enforcement and child protective services responsible for investigating child abuse reports, including the local police or sheriff's department, county welfare or juvenile probation department and child protective services. 4. "Reasonable Suspicion" means that it is objectively reasonable for a person to entertain such a suspicion, based upon facts that could cause a reasonable person in a like position, drawing when appropriate on his/her training and experience, to suspect child abuse. (Penal Code 11166) Reporting Procedures 1. To report known or suspected child abuse, any employee (as defined above) shall report by telephone to the local child protective agency.
The telephone report must be made immediately, or as soon as practically possible, upon suspicion. This report will include; a. The name of the person making the report. b. The name of the child and siblings. c. The present location of the child. d. The nature and extent of any injury. e. The name, address, phone numbers of parent(s)/ guardian(s). f. Any other information requested by the child protective agency, including the information that led the mandated reporter to suspect child abuse. When the verbal report is made, the mandated reporter shall note the name of the official contacted, the date and time contacted, and any instructions or advice received. 2. Within 36 hours of making the telephone report, the mandated reporter shall complete and mail to the local child protective agency a written report which includes a completed Department of Justice form (DOJ SS 8572). Mandated reporters may obtain copies of the above form either from the school site, or the local child protective agency. Instructions are included on the form, and reporters may ask the site administrator for help in completing and mailing it; however, the mandated reporter is personally responsible for ensuring that the written report is correctly filed. 3. Employees reporting child abuse to a child protective agency are encouraged, but not required, to notify the site administrator or designee as soon as possible after the initial verbal report by telephone. Administrators so notified shall provide the mandated reporter with any assistance necessary to ensure that reporting procedures are carried out in accordance with law and district regulations. At the mandated reporter's request, the principal may assist
in completing and filing these forms. Legal Responsibility and Liability 1. Mandated reporters have absolute immunity. School employees required to report are not civilly or criminally liable for filing a required or authorized report of known or suspected child abuse. 2. If a mandated reporter fails to report an instance of child abuse which he/she knows to exist or reasonably should know to exist, he/she is guilty of a misdemeanor punishable by confinement in jail for up to six months, a fine of up to $1,000 or both. The mandated reporter may also be held civilly liable for damages resulting from any injury to the child after a failure to report. 3. When two or more persons who are required to report have joint knowledge of a suspected instance of child abuse, and when they so agree, the telephone report may be made by either of them and a single report made and signed by that person. However, if any person knows or should know that the designated person failed to make the report, that person then has a duty to do so. 4. The duty to report child abuse is an individual duty and no supervisor or administrator may impede or inhibit such reporting duties. Furthermore, no person making such a report shall be subject to any sanction. Victim Interviews Upon request, a child protective agency representative may interview a suspected victim of child abuse during school hours, on school premises, concerning a report of suspected child abuse that occurred within the child's home. The child shall be given the choice of being interviewed in private or in the presence of any adult school employee or volunteer aide selected by the child. (Penal Code 11174.3) A staff member or volunteer aide selected by a child may decline to be present at the interview. If the selected person accepts, the principal or designee shall inform him/her, before the interview takes place, of the following legal requirements:
1. The purpose of the selected person's presence at the interview is to lend support to the child and enable him/her to be as comfortable as possible. 2. The selected person shall not participate in the interview. 3. The selected person shall not discuss the facts or circumstances of the case with the child. 4. The selected person is subject to the confidentiality requirements of the Child Abuse and Reporting Act, a violation of which is punishable as specified in Penal Code 11167.5. If a staff member agrees to be present, the interview shall be held at a time during school hours when it does not involve an expense to the school. (Penal Code 11174.3) Release of Child to Peace Officer or Child Protective Services Agent When a child is released to a peace officer or child protective services agent and taken into custody as a victim of suspected child abuse, the site administrator or designee shall not notify the parent/guardian as required in other instances of removal of a child from school, but rather shall provide the peace officer or agent with the address and telephone number of the child's parent/guardian. It is the responsibility of the peace officer or agent, who has the address and telephone number, to notify the parent/guardian of the situation. (Education Code 48906) Peace officers and child protective services agents will be asked to sign an appropriate release or acceptance of responsibility form. (cf. 5153 - Questioning and Apprehension) When School Employees are Accused of Child Abuse Regardless of who child abusers may be, the major responsibilities of mandated reporters are to: 1) identify incidents of suspected child abuse, and 2) comply with laws requiring the
reporting of suspected abuse to the proper authorities. determining whether or not the suspected abuse actually occurred is not the responsibility of the school employee. Such determination and follow-up investigation will be made by a child protective agency. Pending the outcome of an investigation by a child protective agency and before formal charges are filed, the employee may be subject to reassignment or a paid leave of absence. Upon filing formal charges or upon conviction, the District may take disciplinary action in accordance with law, district policies, regulations and/or collective bargaining agreements. The Superintendent or designee shall seek legal counsel in connection with either the suspension or dismissal of the employee. (cf. 4117.4 - Dismissal) (cf. 4118 - Suspension/Disciplinary Action (Certificated) (cf. 4218 - Suspension/Disciplinary Action (Classified)
Cobra/Cal-Cobra Federal law and California state law requires most Employers sponsoring group health plans, or their insurance carrier, to offer Employees and their families the opportunity to elect a temporary extension of health coverage (called “continuation coverage” or “COBRA coverage”) in certain instances where coverage under the plan would otherwise end. Employees do not have to show that they are insurable to elect continuation coverage. However, Employees will have to pay the entire premium for their continuation coverage. At the end of the maximum coverage period, the Employee must be allowed to enroll in an individual conversion health plan if it is otherwise available under the plan. The Benefits Coordinator can assist with respect to COBRA or Cal-COBRA needs. It is the Employee’s responsibility to notify one of the Executive Directors in writing of any qualifying events which include, but are not limited to, divorce or death of a covered spouse or change of student status of a dependent, and to keep one of the Executive Directors informed of current addresses for the Employee and all covered family members. Organization Sponsored Social & Recreational Activities The Organization may from time to time sponsor social or recreational activities for its Employees. Employee attendance at such activities is completely voluntary and is not work related. Neither the Organization nor its insurer will be liable for the payment of workers' compensation benefits for any injury that arises out of any Employee's voluntary participation in any activity that is not part of work
related duties. Computers, E-mail, Voicemail, Fax & Copy Machines and Other Organization Owned/Maintained Equipment Computers, e-mail, voicemail, Internet access accounts, fax and copy machines, and other Organization owned equipment are owned and/or maintained by the Organization in order to facilitate business. Therefore, all Organization owned and/or maintained equipment is to be used by Employees in conducting the business of the Organization and is not for Employees’ personal use. The Organization reserves the right to access and monitor any computer and the data stored on it, whether Organization-owned or owned by the Employee and used by the Employee to access the Organization’s e-mail system or intranet, or to access the Internet on Organization business, regardless of where the computer is located. The Organization also reserves the right to access and monitor voicemail (outgoing and incoming) and e-mail messages at any time including similar electronic equipment used to create, edit or store data. The existence of a password on either system is not intended to indicate that messages will remain private. Employees should be aware that even when a file on the computer or a voicemail or e-mail message has been erased, it still may be possible to retrieve it from a backup system. Employees shall have no expectation of privacy regarding any information or data created on, or transmitted over, the Organization’s voicemail, e-mail, intranet or Internet systems. Also, Employees should not rely on the erasure or deletion of a file or message to assume a file or message has remained private. Employees must refrain from using Organization computers or its Internet service for any improper purpose. Some specific examples of prohibited Internet uses include: Chatting on-line, instant messaging, surfing, and other similar misuses of Organization time, property and Internet services. Transmitting, retrieving, downloading, or storing messages or images that are offensive, derogatory, defamatory, off-color, sexual in content, or otherwise inappropriate in a business environment. Making threatening or harassing statements to another Employee, or to a vendor, customer, or other outside party. Transmitting, retrieving, downloading, or storing messages or images relating to race, religion, color, sex, national origin, citizenship status, age, handicap, disability, sexual orientation, or any other status protected under federal, state and local laws. Sending or receiving confidential or copyrighted materials without prior authorization. Soliciting personal business opportunities, or personal advertising. Gambling, monitoring sports scores, or playing electronic games.
Day trading, or otherwise purchasing or selling stocks, bonds or other securities or transmitting, retrieving, downloading or storing messages or images related to the purchase or sale of stocks, bonds or other securities. Computer Software Computer software is protected by copyright law. It is the intention of the Organization to comply with all computer software copyright laws. The law states that “it is illegal to make or distribute copies of copyrighted material without authorization.” The law only provides for copies to be made of computer software when it relates to archiving or backing up computer systems and networks or with permission of the manufacturer. It is a federal crime to duplicate software without permission from the manufacturer. Employees are expected to: Comply with all computer software copyright laws. Refrain from copying or distributing copies of computer software that has been licensed to the Organization except in the case of archiving or backup of existing software, data and configurations unless approved by one of the Executive Directors. Notify a supervisor or other management official immediately upon learning of any misuse of software, or related documentation. Refrain from installing unauthorized software or software that has not been approved for installation by the Organization on any equipment owned or operated by the Organization. Use the computer equipment, software, and Internet service for business purposes only, and not for personal use without permission from a supervisor or other management official. Store only Organization files and records on the Organization computers. No personal information or personal advertising or soliciting is permitted. Pay any fines, penalties, or damages assessed against the Organization for any of the above-mentioned or related computer software abuses that are deemed to be attributable to the Employee. Employees of the Organization who violate any of these policies will be subject to discipline up to and including termination. Confidentiality All records, files and computer-stored data of the Organization are property of our Organization and considered confidential. Employees are prohibited from copying or disclosing any record, file or data for their personal use or for any use not directly related to the business of the Organization. An Employee shall not disclose information of a confidential nature or utilized training/educational materials of our Organization with any other person during or following Employee’s employment. Nor shall Employees make use of any confidential or
training/educational material of our Organization for their personal benefit or for the benefit of any person, organization, corporation, partnership or entity other than our Organization under any circumstance during or after Employee’s employment. The following are examples of items that constitute confidential information: financial data; sales and/or marketing information; customer names and addresses and their buying habits, financial status, payment history and special needs; clients’ and their employees’ personal and financial data; data regarding potential customers and patrons; pricing and/or hourly rates; bidding and cost information; confidential personnel information relating to other Employees; product data; supplier data; business plans; budgets; marketing data; information regarding the skills and compensation of Employees; data concerning methods, forms and contracts used by the Organization; non-public information relating to legal affairs of the Organization; and any documents generated by the Organization or by an Employee or other Employees in the course of their employment. All inquiries by telephone, mail, or other requests for information about current or former Employees should be immediately directed to one of the Executive Directors. All inquiries by telephone, mail, or other requests for information about the Organization's business should be immediately directed tone of the Executive Directors. Failure to comply with this policy will lead to disciplinary action up to and including termination. Conflict of Interest It is the Organization’s policy to forbid Employees from having a financial interest in any other business, which competes with our Organization, except where such ownership consists of securities of a publicly owned corporation regularly traded on the public stock market. The Organization’s policy also forbids engaging in, directing, managing, or consulting for a business or businesses, that compete with the Organization, without the express written consent of one of the Executive Directors. If an Employee thinks that there is a possibility that the Employee may have a conflict of interest, it is that Employee’s responsibility to notify one of the Executive Directors and request approval. Dishonesty, Misrepresentation & Fraud Employee falsification of any application, workers’ compensation claim, medical history, invoice, paperwork, time sheet, time card, investigative questionnaires, customer credit applications, or any other document is subject to immediate termination. Misrepresentation to our customers is against Organization policy and against the law. Concealing or failing to report an error is dishonest and is also subject to immediate termination. Dress Code In an effort to promote a professional business environment the Organization has adopted the following Dress Code Policy. The following provides guidelines for such appropriate attire:
Appropriate Dress Attire
Inappropriate Dress Attire
Dresses, suits or skirts of an appropriate length Dress blouses or shirts with an appropriate neckline Dress slacks (men & women) ***Jeans without holes and hiking style boots or tennis shoes may be permitted only on casual days. Casual/ Denim Shorts Halter tops Spaghetti strap blouses or dresses Tops which reveal a bare midriff or which have a low cut back Flip-flops Body piercing(s) (other than earrings) Jeans or pants which hang below the waist or which reveal underwear T-shirts with inappropriate language or drawings All employees are expected at all times to appear neat and remember that they represent the Organization and should therefore dress accordingly. If you are unclear as to what is appropriate, please discuss it with your supervisor. IMPORTANT - Disciplinary action will be at the discretion of management for excessive offenders. Offenses may result in termination. Ethical Behavior The Organization has policies in place addressing its expectation of its Employees on ethics, including, but not limited to, its policies on confidentiality, conflict of interest, handling of cash and harassment. Employees must read, become familiar with, and abide by these policies at all times. The Organization insists that Employees maintain the highest possible ethical standards in their dealings with customers/clients, vendors, suppliers, competitors, coworkers and the public in general. The integrity, reputation and profitability of the Organization ultimately depend upon the individual actions of each Employee. Employees in all jobs at all levels should strive at all times to conduct the Organization’s business in a fair, ethical, forthright and lawful manner. Failure to adhere to the ethical behavior policy may result in disciplinary action up to and including termination. If an Employee is unsure as to whether they may be in violation, they should discuss the circumstances with one of the Executive Directors. If an Employee is aware of a violation of a state or federal law by any officer, manager or employee of the Organization, that Employee must report the violation to one of the Executive Directors as soon as possible. Management will conduct an internal investigation and, if appropriate, report the incident to a law enforcement agency. The Organization will not take any adverse employment action against any Employee who reports a violation of the law to management. Such retaliatory action on the part of management will result in disciplinary action up to and including termination. Fraternization The Organization recognizes that working relationships may also become social or romantic relationships. Sometimes these social or romantic relationships can result in misunderstandings, conflicts of interest, complaints of favoritism, claims of sexual harassment, and Employee morale and dissention problems. Therefore,
the Organization requests that an Employee who is romantically involved with another Employee, whether or not involvement is with a supervisor or other management official, immediately and fully disclose the relevant circumstances to the one of the Executive Directors. When, in the opinion of the Organization, the personal relationship may create a conflict of interest, cause disruptions, create a negative or unprofessional work environment, or present concerns regarding supervision, safety, security, or morale, according to the circumstances, the Organization may take whatever action appears appropriate. Failure to disclose facts may lead to disciplinary action, up to and including termination. Harassment The Organization is committed to providing a work environment that is free of unlawful harassment. In furtherance of this commitment, the Organization strictly prohibits all forms of unlawful harassment, which includes harassment on the basis of race, religion, color, sex, actual or perceived gender identity, sexual orientation, national origin, ancestry, citizenship status, uniformed service member status, marital status, pregnancy, age, protected medical condition, handicap or disability or association with a person in a protected category, or any other category protected by applicable state or federal law. The Organization’s policy against harassment applies to all employees of the Organization, including supervisors and managers. The Organization prohibits employees from harassing co-workers as well as the Organization’s customers, vendors, suppliers, independent contractors and others doing business with the Organization. In addition, the Organization prohibits its customers, vendors, suppliers, independent contractors and others doing business with the Organization from harassing our employees. Violation of this policy will subject an employee to disciplinary action, up to and including immediate termination. Additionally, under California law, employees may be held personally liable for harassing conduct that violates the California Fair Employment and Housing Act. Examples of Prohibited Sexual Harassment: Sexual harassment includes a broad spectrum of conduct including harassment based on gender, transgender and sexual orientation (meaning one’s heterosexuality, homosexuality, or bisexuality). By way of illustration only, and not limitation, some examples of unlawful and unacceptable behavior include: unwanted sexual advances offering an employment benefit (such as a raise or promotion or assistance with one’s career) in exchange for sexual favors, or threatening an employment detriment (such as termination, demotion, or disciplinary action) for an employee’s failure to engage in sexual activity visual conduct, such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons or posters, or transmitting or downloading sexually-related websites or e-mails verbal sexual advances, propositions, requests or comments verbal abuse of a sexual nature, graphic verbal commentaries about an
individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations physical conduct, such as touching, assault, impeding or blocking movement; physical or verbal abuse concerning an individual’s actual sex or one’s perception of the individual’s sex verbal abuse concerning a person’s characteristics such as vocal pitch, facial hair or the size or shape of a person’s body, including remarks that a male is too feminine or a woman is too masculine. Further Examples of What Constitutes Prohibited Harassment: In addition to the above listed conduct, the Organization strictly prohibits harassment concerning race, color, religion, national origin, age, disability or other protected characteristic. By way of illustration only, and not limitation, prohibited harassment concerning race, color, religion, national origin, age, disability or other protected characteristic includes: slurs, epithets, and any other offensive remarks; jokes, whether written, verbal, or electronic; threats, intimidation, and other menacing behavior; other verbal, graphic, or physical conduct; and other conduct predicated upon one or more of the protected categories identified in this policy. If you have any questions about what constitutes harassing behavior, ask one of the Executive Directors. Harassment of our customers/clients, or employees of our customers/clients, vendors, suppliers or independent contractors by our employees is also strictly prohibited. Such harassment includes the types of behavior specified in this policy, including sexual advances, verbal or physical conduct of a sexual nature, sexual comments and gender-based insults. Any such harassment will subject an employee to disciplinary action, up to and including immediate termination. What You Should Do If You Feel You Are Or Have Been Harassed If you feel that you are being harassed by another employee, supervisor, manager or third party doing business with the Organization, you should immediately contact one of the Executive Directors. In addition, if you observe harassment by another employee, please report the incident immediately to one of the Executive Directors. Your notification of the problem is essential to us. We cannot help resolve a harassment problem unless we know about it. Therefore, it is your responsibility to bring your concerns and/or problems to our attention so that we can take whatever steps are necessary to address the situation. The Organization takes all complaints of unlawful harassment seriously and will not penalize you or retaliate
against you in any way for reporting a harassment problem in good faith. All complaints of unlawful harassment that are reported to management will be investigated as promptly as possible and corrective action will be taken where warranted. Appropriate action will also be taken in response to violation of this policy by any non-employee. The Organization prohibits employees from hindering internal investigations and the internal complaint procedure. Prohibited conduct of this nature includes making threats against persons being interviewed in an investigation and attempting to induce persons being interviewed to provide false or misleading information or to withhold material information. All complaints of unlawful harassment that are reported to management will be treated with as much confidentiality as possible, consistent with the need to conduct an adequate investigation. Personal Behavior Policy In addition to our Policy Against Harassment, Dorazio Learning Center maintains a Personal Behavior Policy. This policy is directed toward conduct, which may not otherwise fall within the legal definition of harassment or may have been welcomed by all of the parties involved, but which nonetheless projects image problems for the Organization and may lead to further problems in the future. All employees and contracted service providers must conduct themselves in a professional manner. Unprofessional behavior in the workplace, such as sexually related conversations, inappropriate touching of another employee (such as but not limited to kissing, hugging, massaging, sitting on laps), and any other behavior of a sexual nature is prohibited. Furthermore, mimicry, horseplay, and inappropriate joking (including but not limited to racial and ethnic jokes) is prohibited. Employees who fail to observe these standards will be subject to disciplinary action, up to and including termination. Introductory Period For every new Employee, the first ninety (90) days of continuous employment is an Introductory Period. During this time, Employees are able to learn about the Organization, their job, and their new surroundings. During these first ninety (90) days of continuous employment, the Employee’s job performance, attendance, attitude and overall interest in their job will be observed by one of the Executive Directors. During this period, the Employee will not be eligible for most Organization benefits, such as paid time-off leave and insurance coverage. Throughout the introductory period, the Organization will assess the individual’s suitability as an Employee. Employees who fail to demonstrate the commitment, performance and attitude expected by the Organization may be terminated at any time during the introductory period. However, completion of the introductory period does not change or alter the “At Will” employment relationship. Employees continue to have the right to terminate their employment at any time, with or without cause or notice, and the Organization has a similar right. As a result of an unexcused absence during the introductory period or for other reasons identified by management, the Organization may choose to extend an Employee’s introductory period, as necessary, to give the Employee a further opportunity to demonstrate their ability to do the job. If an Employee’s
introductory period is extended, the Employee will be notified. Meal & Rest Breaks The law requires that a minimum thirty (30) minute meal break must be provided for every work period of more than five (5) hours. The Organization requires its Employees to take up to a one 40 minute meal break each workday. Accordingly, it is the Organization’s policy and the law that a meal break must be taken each day by Employees working five (5) or more hours per shift, unless six (6) hours completes the shift and the Employee waives their meal break in writing. ALL EMPLOYEES MUST TAKE SAID meal break at a location separate from the Employee’s, a meal break may only be taken at the Employee’s regularlyscheduled meal break time and may not be skipped in order to accommodate a late arrival or early departure from an Employee’s normal workday. Rest breaks of ten (10) cumulative minutes are provided for each four (4) hours worked, and should occur as near as possible to the middle of the work period. Smoking breaks need to be taken during a meal or rest break. Upon request, reasonable accommodations, including privacy and increased break time, will be made to accommodate lactating employees. Non-Violence The Organization has zero tolerance for possession of weapons or for violent acts or threats of violence against our Employees, applicants, customers or vendors. No Employee should commit or threaten to commit any violent act against a coworker, applicant, customer or vendor. Any Employee who is subjected to or threatened with violence by a co-worker, customer or vendor, or is aware of another individual who has been subjected to or threatened with violence, is to report this information to one of the Executive Directors as soon as possible. Assume that any threat is serious. Please bring all threats to our attention so that the Organization can deal with them appropriately. Employee notification of the problem is essential to us. We cannot address a problem unless we know about it. Therefore, it is all Employees’ responsibility to bring those kinds of problems to our attention so that we can take whatever steps are necessary to address the problem. Other Rules & Standards The Organization needs to have certain reasonable policies and rules for the conduct of our business. The most important rule is the “rule of reason.” The following portions of this handbook focus on basic rules that should not be violated under any circumstances. Violation of any of these basic rules, the policies in this handbook, or any other policy of the Organization may lead to discipline, up to and including immediate termination. Obviously, the list is not all-inclusive and there may be other circumstances for which Employees may be disciplined, up to and including immediate termination. If Employees have any questions about these basic rules, or what is expected of them, they are to discuss them with their respective supervisor. Attitude Employees should display a positive attitude toward their job. A bad attitude creates a difficult working environment and prevents the Organization from providing quality service to our customers.
Bulletin Boards The Organization maintains a bulletin board as an important source of information. This bulletin board is to be used solely to post information approved by the Organization regarding Organization policies, governmental regulations, and other matters of concern to all Employees and related to the Employees’ employment by the Organization. Please develop a habit of checking the bulletin board daily so that every Employee is familiar with the information posted there. Courtesy Courtesy is the responsibility of every Employee. Everyone is expected to be courteous, polite and friendly to our customers, vendors and suppliers, as well as to their fellow Employees. No one should be disrespectful or use profanity or any other language that injures the image or reputation of the Organization. Detrimental Activity Employees are not permitted to engage in any kind of activity, either on Organization property or while off the job, which reflects detrimentally or adversely on the Organization’s reputation. Document Preparation Correspondence and documents should be error-free and neatly prepared. Care shown in preparation of correspondence and documents reflects attention to accuracy and detail. Even simple errors cause unnecessary inconvenience and irritation and potential loss of a customer/client. Gambling Gambling is prohibited on Organization property. Hazardous and/or Toxic Materials If an Employee’s job requires use of hazardous and/or toxic materials, the Employee is expected to comply with all laws, rules and regulations concerning their safe handling and disposal. If an Employee has any questions about the materials the Employee works with or the proper safety procedures to follow, they must be discussed immediately with the Employee’s respective supervisor. Housekeeping Employees are responsible for maintaining their own work areas and other common areas in a presentable manner. At the close of each business day, ensure all equipment is cleaned and put away. All stationery and miscellaneous supplies should be removed from benches/furniture tops. Employees may not litter. Work areas must be maintained in a clean, healthy and orderly fashion to prevent unsafe conditions and potential accidents. If an Employee observes conditions or equipment that are potentially dangerous, report them immediately to their supervisor. It is each Employee’s responsibility to make sure the work area is clean and orderly at the completion of their scheduled work shift. Insubordination We all have duties to perform and everyone, including supervisors, must follow directions. It is against our policy for an Employee to refuse to follow the directions of a supervisor or management official or to treat a supervisor or management official in an insubordinate manner in any respect. Employees must fully cooperate with Organization investigations into potential misconduct. Refusal to fully disclose information in the course of an Organization investigation
is insubordination and will not be tolerated. Insufficient Production or Poor Performance Employees are expected to make every effort to learn their job and to perform at a level satisfa
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