I. PURPOSE
The purpose of this policy is to ensure employees are aware of and comply with expectations for professional relationships between students and staff.
II. GENERAL STATEMENT OF POLICY
The school district is committed to an educational environment in which all students are treated with respect and dignity. Every school district employee is to provide students with appropriate guidance, understanding, and direction while maintaining a standard of professionalism and acting within accepted standards of conduct.
A. This policy applies to all school district employees at all times, whether on or off duty and on or off of school district locations.
B. At all times, students will be treated by school district employees with respect, courtesy, and consideration and in a professional manner. Each school district employee is expected to exercise good judgment and professionalism in all interpersonal relationships with students. Such relationships must be and remain on a teacher-student basis or an employee student basis.
C. Teachers must be mindful of their inherent positions of authority and influence over students. Similarly, other school district employees also may hold positions of authority over students of the school district and must be mindful of their authority and influence over students.
D. Sexual relationships between school district employees and students, without regard to the age of the student, are strictly forbidden and may subject the employee to criminal liability.
E. Other actions that violate this policy include, but are not limited to, the following:
1. Dating students.
2. Having any interaction/activity of a sexual nature with a student, including, but is not limited to, flirting; making suggestive comments; dating; requests for sexual activity; inappropriate touching; engaging in sexual contact and/or sexual relations; physical displays of affection; and giving inappropriate personal gifts.
3. Committing or attempting to induce students or others to commit an illegal act or act of immoral conduct which may be harmful to others or bring discredit to the school district.
4. Supplying alcohol or any illegal substance to a student, allowing a student access to such substances, or failing to take reasonable steps to prevent such access from occurring.
F. School district employees shall, whenever possible, employ safeguards against improper relationships with students and/or claims of such improper relationships. Safeguards may include the following: avoiding altogether or minimizing physical contact, keeping doors open when talking or meeting with students one-on-one, and/or making sure that such meetings with a student take place in rooms with windows and/or others nearby
G. Excessive informal and social involvement with individual students is unprofessional, is not compatible with employee-student relationships, and is inappropriate. Unprofessional employee behavior includes, but is not limited to: frequent personal communication with a student (via phone, email, letters, notes, etc.) unrelated to course work or official school matters. ("Frequent personal communication with a student unrelated to course work or official school matters" means any form in which that personal communication may occur including, but not limited to, voice or text-based communication via phone, email, instant messaging, text messaging or through social networking websites.)
H. School district employees will adhere to applicable standards of ethics and professional conduct in Minnesota law.
III. REPORTING AND INVESTIGATION
A. Any person who believes he or she has been a victim of prohibited conduct or any person with knowledge or belief of conduct that may constitute prohibited conduct under this policy shall report the alleged acts immediately to the appropriate school district officials (teachers, administrators, coaches/advisors and other employees). A person may report a concern or complaint anonymously. However, the school district may not rely solely on an anonymous report to determine discipline or other remedial responses.
B. In Each School Building. The building administrator, the building administrator's designee, or the building supervisor (hereinafter the "building report taker") is the person responsible for receiving oral or written reports of conduct prohibited by this policy at the building level. Any adult school district personnel who receives a report of conduct prohibited by this policy shall inform the building report taker immediately. If the complaint involves the building report taker, the complaint shall be made or filed directly with the Superintendent or the school district human rights officer (executive director of human resources and operations) by the reporting party or complainant. The building report taker shall ensure that this policy and its procedures, practices, consequences, and sanctions are fairly and fully implemented and shall serve as a primary contact on policy and procedural matters.
C. Upon receipt of a report, the building report taker must notify the school district human rights officer (executive director of human resources and operations) immediately, without screening or investigating the report. The building report taker may request, but may not insist upon, a written complaint. A written statement of the facts alleged will be forwarded as soon as practicable by the building report taker to the human rights officer (executive director of human resources and operations). If the report was given verbally, the building report taker shall personally reduce it to written form within 24 hours and forward it to the human rights officer (executive director of human resources and operations). Failure to forward any report or complaint as provided herein may result in disciplinary action against the building report taker.
D. Nothing in this policy shall prevent any person from reporting a conduct violation directly to the school district's human rights officer (executive director of human resources and operations) or to the Superintendent.
E. Under certain circumstances, alleged incidents may also be possible abuse under Minnesota law. If so, the duties of mandatory reporting under Minn. Stat. 626.556 may be applicable.
F. All employees shall cooperate with any investigation of alleged acts, conduct, or communications in violation of this policy.
G. Nothing in this policy will prohibit the school district from taking immediate action to protect victims of alleged harassment, violence, or abuse.
H. Reports of conduct prohibited by this policy are classified as private educational and/or personnel data and/or confidential investigative data and will not be disclosed except as permitted by law.
IV. SCHOOL DISTRICT ACTION
Upon receipt of a report, Moorhead Area Public Schools will take appropriate action. Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination, or discharge. Action also may include reporting to appropriate state or federal authorities, including the Board of Teaching or the appropriate licensing authority and appropriate agencies responsible for investigating reports of maltreatment of minors and/or vulnerable adults. School district action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements, Minnesota and federal law, and school district policies.
V. SCOPE OF LIABILITY
Employees are placed on notice that if an employee acts outside the performance of the duties of the position for which the employee is employed or is guilty of malfeasance, willful neglect of duty, or bad faith, the school district is not required to defend and indemnify the employee for damages in school-related litigation.
Legal References:
Minn. Stat. § 13.43, Subd. 16 (School District or Charter School Disclosure of Violence or Inappropriate Sexual Contact) 4233
Minn. Stat. § 122A.20, Subd 2 (Mandatory Reporting to Minnesota Board of Teaching)
Minn. Stat. § 122A.40, Subds. 5(b) and 13(b) (Mandatory immediate discharge of teachers with license revocations due to child or sex abuse convictions)
Minn. Stat. §§ 609.341609.352 (Defining “intimate parts” and “position of authority” as well as detailing various sex offenses)
Minn. Stat. § 626.556 (Reporting of Maltreatment of Minors)
Minn. Stat. § 626.557 (Reporting of Maltreatment of Vulnerable Adults)
Minn. Rules Part 3512.5200 (Code of Ethics for School Administrators)
Minn. Rules Part 8710.2100(Code of Ethics for Minnesota Teachers)
Cross References:
Moorhead School Board Policy 447: Employee Responsible Use of Social Media
Moorhead School Board Policy 448: Electronic Communications Between Employees and Students
Moorhead School Board Policy 449: Gifts to Employees
Moorhead School Board Policy 534: Mandated Reporting of Child Neglect or Physical and Sexual Abuse
Moorhead School Board Policy 535: Maltreatment of Vulnerable Adults
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 552: Corporal Punishment
Moorhead School Board Policy 570: Prohibition of Harassment and Violence
Moorhead School Board Policy 571: Hazing Prohibition
Moorhead School Board Policy 572: Drug-Free Workplace/Drug-Free School
Moorhead School Board Policy 578: Bullying Prohibition
Moorhead School Board Policy 731: Moorhead Area Public Schools Electronic Network and Systems Responsible Use and Safety
MSBA/MASA Model Policy 423 (Employee Student Relationships)