PERSONNEL

404.1R1

LICENSED EMPLOYEE CONDUCT REGULATION

 

CODE OF PROFESSIONAL CONDUCT AND ETHICS REGULATION

 

chapter 25


282—25.1(272)  Scope of standards. 

This code of professional conduct and ethics constitutes mandatory minimum standards of practice for all licensed practitioners as defined in Iowa Code chapter 272.  The adherence to certain professional and ethical standards is essential to maintaining the integrity of the education profession.

 

282—25.2(272)  Definitions.

Except where otherwise specifically defined by law:

“Administrative and supervisory personnel” means any licensed employee such as superintendent, associate superintendent, assistant superintendent, principal, associate principal, assistant principal, or other person who does not have as a primary duty the instruction of pupils in the schools.

“Board” means the Iowa board of educational examiners.

“Discipline” means the process of sanctioning a license, certificate or authorization issued by the board.

“Ethics” means a set of principles governing the conduct of all persons governed by these rules.

“Fraud” means knowingly providing false information or representations on an application for licensure or employment, or knowingly providing false information or representations made in connection with the discharge of duties.

“License” means any license, certificate, or authorization granted by the board.

“Licensee” means any person holding a license, certificate, or authorization granted by the board.

“Practitioner” means an administrator, teacher, or other school personnel, who provides educational assistance to students and who holds a license, certificate, or other authorization issued by the board.

“Responsibility” means a duty for which a person is accountable by virtue of licensure.

“Right” means a power, privilege, or immunity secured to a person by law.

“Student” means a person, regardless of age, enrolled in a prekindergarten through grade 12 school, who is receiving direct or indirect assistance from a person licensed by the board.

“Teacher” means any person engaged in the instructional program for prekindergarten through grade 12 children, including a person engaged in teaching, administration, and supervision, and who is required by law to be licensed for the position held.

 

282—25.3(272)  Standards of professional conduct and ethics. 

Licensees are required to abide by all federal, state, and local laws applicable to the fulfillment of professional obligations.  Violation of federal, state, or local laws in the fulfillment of professional obligations constitutes unprofessional and unethical conduct which can result in disciplinary action by the board.  In addition, it is hereby deemed unprofessional and unethical for any licensee to violate any of the following standards of professional conduct and ethics:

 

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CODE OF PROFESSIONAL CONDUCT AND ETHICS REGULATION

 

25.3(1) Standard I—conviction of crimes, sexual or other immoral conduct with or toward a student, and child and dependent adult abuse.  Violation of this standard includes:

a.   Fraud.  Fraud in the procurement or renewal of a practitioner’s license.

b.   Criminal convictions.  The commission of or conviction for a criminal offense as defined by Iowa law or the laws of any other state or of the United States, provided that the offense is relevant to or affects teaching or administrative performance.

(1)  Disqualifying criminal convictions.  The board shall deny an application for licensure and shall revoke a previously issued license if the applicant or licensee has, on or after July 1, 2002, been convicted of, has pled guilty to, or has been found guilty of the following criminal offenses, regardless of whether the judgment of conviction or sentence was deferred:

 

1.   Any of the following forcible felonies included in Iowa Code § 702.11:  child endangerment, assault, murder, sexual abuse, or kidnapping;

2.   Any of the following criminal sexual offenses, as provided in Iowa Code Ch. 709, involving a child:

•           First, second or third-degree sexual abuse committed on or with a person who is under the age of 18;

•           Lascivious acts with a child;

•           Detention in a brothel;

•           Assault with intent to commit sexual abuse;

•           Indecent contact with a child;

•           Sexual exploitation by a counselor;

•           Lascivious conduct with a minor; or

•           Sexual exploitation by a school employee;

3.   Incest involving a child as prohibited by Iowa Code § 726.2;

4.   Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code § 728.2; or

5.   Telephone dissemination of obscene material to minors as prohibited by Iowa Code § 728.15.

(2)  Other criminal convictions and founded child abuse.  In determining whether a person should be denied a license or whether a licensee should be disciplined based upon any other criminal conviction, including a conviction for an offense listed in 25.3(1)“b”(1) which occurred before July 1, 2002, or a founded report of abuse of a child, the board shall consider:

1.      The nature and seriousness of the crime or founded abuse in relation to the position sought;

2.      The time elapsed since the crime or founded abuse was committed;

3.      The degree of rehabilitation which has taken place since the crime or founded abuse was committed;

4.      The likelihood that the person will commit the same crime or abuse again;

5.   The number of criminal convictions or founded abuses committed; and

6.   Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.

 

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c.   Sexual involvement or indecent contact with a student.  Sexual involvement includes, but is not limited to, the following acts, whether consensual or nonconsensual:  fondling or touching the inner thigh, groin, buttocks, anus or breasts of a student; permitting or causing to fondle or touch the practitioner’s inner thigh, groin, buttocks, anus, or breasts; or the commission of any sex act as defined in Iowa Code § 702.17.

d.   Sexual exploitation of a minor.  The commission of or any conviction for an offense prohibited by Iowa Code § 728.12, Iowa Code Ch. 709 or 18 U.S.C. § 2252A(a)(5)(B).

e.   Student abuse.  Licensees shall maintain professional relationships with all students, both inside and outside the classroom.  The following acts or behavior constitutes unethical conduct without regard to the existence of a criminal charge or conviction:

(1)  Committing any act of physical abuse of a student;

(2)  Committing any act of dependent adult abuse on a dependent adult student;

(3)  Committing or soliciting any sexual or otherwise indecent act with a student or any minor;

(4)  Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student;

(5)  Furnishing alcohol or illegal or unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal or unauthorized drugs in the presence of the licensee; or

(6)  Failing to report any suspected act of child or dependent adult abuse as required by state law.

 

25.3(2) Standard II alcohol or drug abuse.  Violation of this standard includes:

a.   Being on school premises or at a school–sponsored activity involving students while under the influence of, possessing, using, or consuming illegal or unauthorized drugs or abusing legal drugs.

b.   Being on school premises or at a school–sponsored activity involving students while under the influence of, possessing, using, or consuming alcohol.

 

25.3(3) Standard III misrepresentation, falsification of information.  Violation of this standard includes:

a.   Falsifying or deliberately misrepresenting or omitting material information regarding professional qualifications, criminal history, college credit, staff development credit, degrees, academic award, or employment history when applying for employment or licensure.

b.   Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.

c.   Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.

d.   Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282—Chapter 17.

e.   Falsifying or deliberately misrepresenting or omitting material information regarding the evaluation of students or personnel, including improper administration of any standardized tests,

 

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CODE OF PROFESSIONAL CONDUCT AND ETHICS REGULATION

 

including, but not limited to, changing test answers, providing test answers, copying or teaching identified test items, or using inappropriate accommodations or modifications for such tests.

25.3(4) Standard IV misuse of public funds and property.  Violation of this standard includes:

a.   Failing to account properly for funds collected that were entrusted to the practitioner in an educational context.

b.   Converting public property or funds to the personal use of the practitioner.

c.   Submitting fraudulent requests for reimbursement of expenses or for pay.

d.   Combining public or school–related funds with personal funds.

e.   Failing to use time or funds granted for the purpose for which they were intended.

 

25.3(5) Standard V violations of contractual obligations.

a.   Violation of this standard includes:

(1)  Signing a written professional employment contract while under contract with another school, school district, or area education agency.

(2)  Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract.  An administrator shall make a good faith effort to determine whether the practitioner has been released from the current contract.

(3)  Abandoning a written professional employment contract without prior unconditional release by the employer.

(4)  As an employer, executing a written professional employment contract with a practitioner, which requires the performance of duties that the practitioner is not legally qualified to perform.

(5)  As a practitioner, executing a written professional employment contract, which requires the performance of duties that the practitioner is not legally qualified to perform.

b.   In addressing complaints based upon contractual obligations, the board shall consider factors beyond the practitioner’s control.  For purposes of enforcement of this standard, a practitioner will not be found to have abandoned an existing contract if:

(1)  The practitioner obtained a release from the employing board before discontinuing services under the contract; or

(2)  The practitioner provided notice to the employing board no later than the latest of the following dates:

1.   The practitioner’s last work day of the school year;

2.   The date set for return of the contract as specified in statute; or

3.   June 30.

 

 

25.3(6) Standard VI unethical practice toward other members of the profession, parents, students, and the community.  Violation of this standard includes:

a.   Denying the student, without just cause, access to varying points of view.

 

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CODE OF PROFESSIONAL CONDUCT AND ETHICS REGULATION

 

b.   Deliberately suppressing or distorting subject matter for which the educator bears responsibility.

c.   Failing to make reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.

d.   Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.

e.   Engaging in any act of illegal discrimination, or otherwise denying a student or practitioner participation in the benefits of any program on the grounds of race, color, religion, age, sex, disability, marital status, national origin, or membership in a definable minority.

f.    Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.

g.   Accepting gifts from vendors or potential vendors where there may be the appearance of or an actual conflict of interest.

h.   Intentionally disclosing confidential information including, but not limited to, unauthorized sharing of information concerning student academic or disciplinary records, health and medical information, assessment or testing results, or family income.  Licensees shall comply with state and federal laws and local school board policies relating to the confidentiality of student records, unless disclosure is required or permitted by law.

i.    Refusing to participate in a professional inquiry when requested by the board.

j.    Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.

k.   Failing to self–report to the board within 60 days any founded child abuse report, or any conviction for a criminal offense listed in 25.3(1)“b”(1) which requires revocation of the practitioner’s license.

l.    Delegating tasks to unqualified personnel.

m.  Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.

n.   Allowing another person to use one’s practitioner license for any purpose.

o.   Performing services beyond the authorized scope of practice for which the individual is licensed or prepared.

25.3(7) Standard VII compliance with state law governing student loan obligations and child support obligations.  Violation of this standard includes:

a.   Failing to comply with 282—Chapter 9 concerning repayment of student loans.

b.   Failing to comply with 282—Chapter 10 concerning child support obligations.

25.3(8) Standard VIII—incompetence.  Violation of this standard includes, but is not limited to:

a.   Willfully or repeatedly departing from or failing to conform to the minimum standards of acceptable and prevailing educational practice in the state of Iowa.

b.   Willfully or repeatedly failing to practice with reasonable skill and safety.

 

These rules are intended to implement Iowa Code § 272.2(1)“a.”

 

Adopted:                     12/17/98

Revised:                      1/19/09

Reviewed:                   10/29/2020

<p>PERSONNEL</p>
<p>404-2</p>
<p>TECHNOLOGY AND ON-LINE RESOURCES - APPROPRIATE USE</p>
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<p>Technology is a vital part of the school district curriculum.&nbsp; The Internet will be made available to employees.&nbsp; Appropriate and equitable use of the Internet will allow employees to access resources unavailable through traditional means, to engage in research, and to communicate with others.&nbsp; To ensure the smooth operation of the school&#39;s computer network and to protect the best interests of the district, these guidelines have been developed to clarify the appropriate, ethical, and legal use of this technology.</p>
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<p>Employees will be able to access the Internet through the school&#39;s network.&nbsp; Individual accounts and electronic mail addresses will be issued to employees.&nbsp;</p>
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<p>The Internet can provide a vast collection of educational resources for employees.&nbsp; It is a global network, which makes it impossible to control all available information.&nbsp; Because information appears, disappears and changes constantly, it is not possible to predict or control what employees may locate.&nbsp; The school district makes no guarantees as to the accuracy of information received on the Internet.&nbsp;</p>
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<p>Employees should understand that use of technology is not private and usage may be monitored and reviewed by school officials.&nbsp; Employee account passwords should be kept private and appropriate precautions should be taken to prevent others from acquiring them.&nbsp; Any inappropriate activity is the responsibility of the account holder.&nbsp;</p>
<p>&nbsp;</p>
<p>Employees will sign a form acknowledging they have read and understand the Technology and On-Line Resources - Appropriate Use policy and regulations, that they will comply with the policy and regulations and understand the consequences for violation of the policy or regulations.</p>
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<p>Approved:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 6/10/2002</p>
<p>Reviewed:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 10/20/2014</p>
<p>Revised:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</p>
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PERSONNEL
404.2E1
EMPLOYEE ACKNOWLEDGMENT OF TECHNOLOGY AND ON-LINE RESOURCES APPROPRIATE USE
 
 
In order to make sure that all members of the WACO Community School District understand and agree to the district's policies and regulations for use of technology and on-line resources, employees are asked to sign the following statement.
 
I HEREBY ACKNOWLEDGE that I have received a copy of the WACO Community Schools policies and regulations for use of technology and on-line resources.  
 
I UNDERSTAND THAT:
 
 
·         Employees will log off after each use.
 
·         Employees must keep their passwords private and are accountable if someone else uses their password.  Employees may request a new password at any time.
 
·         If inappropriate information is accessed unintentionally, the employee must immediately report such unintentional access to the technology coordinator or principal in order to avoid being found in violation of this regulation.  (An e-mail sent to both will suffice.)
 
·         The purpose of using technology and on-line resources is to support the learning process.
 
·         The WACO policies and regulations are designed to ensure efficient use.
 
·         Inappropriate use of technology and on-line resources is defined in the WACO polices and regulations.
 
·         It is my responsibility to follow these policies and guidelines.
 
 
 
 
 
Employee Signature _______________________________________________________________
 
             Date ______________________________________________________________
 

PERSONNEL

404.2R1

TECHNOLOGY AND WORKPLACE PRIVACY REGULATION

 

The WACO Community School District attempts to maintain equipment and supplies, which permit employees to accomplish their work in an efficient and effective manner.  It is important for employees to understand that equipment and supplies are district property and are to be used primarily for conducting school business. 

 

For most employees, a desk or workspace may be made available.  The desk and the workspace are district property.  The desk and workspace may be inspected by district officials at any time, with or without notice. 

 

The district assumes no responsibility or liability for items of personal property placed in the desk or workspace that is assigned to employees.

 

The district also provides telephones and computers for employees to use to conduct school business.  These items are district property. 

 

District administrators or employees authorized by the superintendent will monitor usage of the district technology resources on a periodic basis.  Inappropriate usage will be reported to the building principal or superintendent who will conduct an appropriate investigation. 

 

If inappropriate information is accessed unintentionally, the employee must immediately report such unintentional access to the technology coordinator or principal in order to avoid being found in violation of this regulation.

 

Further, district administrators or employees authorized by the superintendent may access any computer and copy files, examine and copy e-mail messages, monitor Internet usage, monitor and log telephone communications, and inspect the contents of e-mail and computer files for defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, offensive, or illegal material.  

 

If an administrator determines an investigation is appropriate, the employee will be notified before any examination or inspection made under this policy will come at the direction of a district administrator and at least two individuals will be present at the time of examination or inspection.  If the examination involves computer equipment, the computer and associated files will be locked until the investigation is completed.

 

Employment with the district constitutes consent to the monitoring and inspection provisions above.  Further, employees are to observe state and federal laws and regulations regarding computer and telecommunications usage.

 

Approved:                   6/10/2002

Reviewed:                   10/29/2020

Revised:                      

PERSONNEL

404.4R2                  

ACCEPTABLE USE OF TECHNOLOGY AND ON-LINE RESOURCES REGULATION

 

I.  Responsibility for Appropriate Use of Technology Resources
 

1. The School Board is legally responsible for all matters relating to the operation of the WACO Community School District.
2. The authority for appropriate use of technology and on-line resources is delegated to school administrators and staff employed by the school district.
3. Training in the proper use of technology and on-line resources may be provided to employees as appropriate.
4. All employees will practice appropriate use of the technology and on-line resources. Violations of appropriate use will result in disciplinary action.

 

II. Technology and On-Line Access
 

A.     For the purpose of this policy, technology and on-line resources are defined to include the following:

·         Electronic hardware and software including, but not limited to, computers, keyboards, monitors, disk drives, CD-ROMS, printers, scanners, projectors, digital cameras, related peripherals and all computer programs and data stored on disk drives and CD-ROMS.

·         Local and Wide Area Networks including network cards, cables, routers, switches, file servers, and the network administration and management software.

·         Internet is a collection of interconnected computer networks involving millions of computers and tens of millions of users around the world. It is a collaboration of private, public, educational, commercial, governmental and industrial sponsored networks whose operators cooperate to maintain the network infrastructure.

B.     Access to technology and on-line resources will be made available to employees as appropriate for their assignment.

C.     Employees will be able to access technology and on-line resources through the school account.  An Internet account will give access to the World Wide Web.

1.      Making technology and on-line resource access available carries with it the potential that some might encounter information that may not be appropriate.  However, on a global network, it is impossible to control all materials.  Because on-line information appears, disappears, and changes, it is not possible to predict or control what users may locate. 

2.      It is a goal to allow employees access to the rich learning opportunities using technology and on-line resources.

3.      If an employee has a legitimate need to access a site blocked by the Internet filtering system, the employee should contact the technology coordinator or principal for procedures to by-pass the filtering system.

4.      The smooth operation of the network relies upon the proper conduct of the end users who must adhere to strict guidelines requiring efficient, ethical, and legal utilization of network resources.

5.      Transmission of material, information or software in violation of any district, local, state or federal law is prohibited.  

 

III. Employee Use of Technology and On-Line Resources
 

A.     Equal Opportunity

1.      Technology and on-line resources shall be available to employees as appropriate for their assignment.  The amount of time available to employees may be limited by the number of available computers and the demand for use.

2.      Technology and on-line resource applications which are available to individuals having a technology and on-line resource account are shared by everyone using the network. It is important to follow proper procedures to insure the smooth operation of the network for everyone using it.

B.     Technology and On-line Etiquette

1.      The use of technology and on-line resources is a privilege. As users of technology and on-line resources employees may be allowed access to other networks. Each network may have its own set of policies and procedures. It is the user's responsibility to abide by the policies and procedures of these other networks.

2.      Employees should adhere to technology and on-line protocol:

a.       Respect all copyright and license agreements.

b.      Only remain on-line long enough to get needed information.

c.       Apply the same privacy, ethical, and educational considerations utilized in other forms of communication.

d.      Be polite to others.

e.       Use appropriate language. 

 

3.      Employee access for electronic mail will be through a district account.  Remember that e-mail is not private; never send private or confidential material.  Employees must adhere to the following electronic mail guidelines:

a.       Read and download or delete e-mail on a regular basis.

b.      Use of vulgar and/or abusive language is prohibited.

 

C.     Unacceptable Use of Technology and On-Line Resources

 

The transmission of any material in violation of district policies and regulations or federal or state law or regulation is prohibited.  This includes, but is not limited to, unauthorized use of copyrighted material, threatening, violent or obscene material, or material protected by trade secret. 

 

The list of prohibited activities includes, but is not limited to:

 

·         Using the technology resources for commercial purposes, product advertisement, unauthorized chat room or illegal chain letter communication.

 

·         Intentionally attempting to download, or upload any unauthorized software, text files, pictures, graphic files, sound files, or video files.  If such inappropriate information is accessed unintentionally, the employee must immediately report such unintentional access to the building principal or superintendent in order to avoid being found in violation of this regulation.

 

·         Engaging in any form of communication that advocates violence, racism, anarchy, treason, discrimination or contains pornographic obscene, or sexually explicit material.

 

·         Network activities that use excessive resources in ways that prevent others from accessing the network.

 

·         Writing to system accounts other than the one assigned by the network administrator.

 

·         Downloading or accessing information that encourages the use of tobacco, alcohol, or controlled substances, use of bombs or bomb making, or otherwise promotes any activity prohibited by district policy, state, or federal law.

 

·         Forging or attempting to forge electronic messages including attempts to read, delete, copy, or modify the electronic messages of other system users.  Local, state, or federal laws may apply.

 

 

Acts of vandalism are prohibited.  Vandalism includes, but is not limited to, any attempt to harm or destroy data of another user, to intercept, copy, distribute, decrypt, or use the login names and/or passwords of others, to attempt to secure a higher level of network privilege, to damage hardware or software, to alter the normal performance of hardware or software, or to interrupt the smooth operation of the network.  This includes the downloading or installation of computer viruses, applications intended to disrupt the operation of the network system, unauthorized use of another's computer, account passwords, and/or files.  Acts of vandalism may result in discipline up to and including suspension, termination, or the filing of criminal charges.

 

The district will cooperate with any investigation concerning or relating to the misuse of the district's technology resources.

 

D.     Unauthorized Costs

If an employee gains access to any service via technology and on-line resources which has a cost involved, the WACO Community School District will not be responsible for those costs. The employee will be responsible for those costs.

 

IV. Employee Violations; Consequences and Notifications:

 

Employees who attempt to access and/or download inappropriate/objectionable items, send messages with vulgar/abusive language while using technology and on-line resources, violate any federal or state law or regulation, violate any of the policies or regulations of the school shall be subject to disciplinary consequences up to and including suspension without pay or dismissal.  If a criminal investigation is initiated, the district will cooperate fully with law enforcement officials.

 

Approved:                   6/10/2002

Reviewed:                    10/29/2020

Revised: