File:  GBEB - Staff Conduct

(And Responsibilities)

All staff members have a responsibility to make themselves familiar with and abide by federal and state laws as these affect their work, the policies and regulations of the district.

As representatives of the district and role models for students, all staff must demonstrate and uphold high professional, ethical and moral standards. Staff members must conduct themselves in a manner that is consistent with the educational mission of the district and must maintain professional boundaries with students at all times in accordance with this policy's accompanying regulation. Interactions between staff members must be based on mutual respect and any disputes will be resolved in a professional manner.

Rules of conduct

Each staff member must observe rules of conduct established in law which specify that a school employee must not:

1.  Disclose or use confidential information acquired in the course of employment to further substantially the employee's personal financial interests.

2.  Accept a gift of substantial value or substantial economic benefit tantamount to a gift of substantial value which would tend to improperly influence a reasonable person in the position to depart from the faithful and impartial discharge of the staff member's duties, or which the staff member knows or should know is primarily for the purpose of a reward for action taken.

3.  Engage in a substantial financial transaction for private business purposes with a person whom the staff member supervises.

4.  Perform any action which directly and substantially confers an economic benefit tantamount to a gift of substantial value on a business or other undertaking in which the staff member has a substantial financial interest or is engaged as a counsel, consultant, representative or agent.

State law defines "economic benefit tantamount to a gift of substantial value" to include

1.  A loan at a rate of interest substantially lower than the prevailing commercial rate;

2.  Compensation received for private services rendered at a rate substantially exceeding the fair market value; and

3.  Goods or services for the district employee's personal benefit offered by a person who is at the same time providing goods or services to the district under a contract or other means by which the person receives payment or other compensation from the district. However, state law permits a district employee to receive such goods or services if the "totality of the circumstances" indicates the transaction is legitimate, the terms are fair to both parties, the transaction is supported by full and adequate consideration, and the employee does not receive any substantial benefit resulting from the employee's status that is unavailable to members of the public generally.

It is permissible for an employee to receive: 

1.  An unsolicited item of trivial value (i.e. a pen, calendar, plant, book, notepad or similar item).

2.  An unsolicited token or award of appreciation in the form of a plaque, trophy, desk item, wall memento or similar item.

3.  Payment or reimbursement for actual and necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which he/she is scheduled to participate.

4.  Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is not extraordinary when viewed in light of his/her position.

5.  Items of perishable or non-permanent value including but not limited to meals, lodging, travel expenses or tickets to sporting, recreational, educational or cultural events.

6.  Payment for speeches, debates, publications or other public events reported as honorariums while on personal time.

All staff members are expected to carry out their assigned responsibilities with conscientious concern.

It is not be considered a breach of conduct for a staff member to:

1.  Use school facilities and equipment to communicate or correspond with constituents, family members or business associates on an occasional basis.

2.  Accept or receive a benefit as an indirect consequence of transacting school district business.

Essential to the success of ongoing school operations and the instructional program are the following specific responsibilities which shall be required of all personnel:

1.  Faithfulness and promptness in attendance at work.

2.  Support and enforcement of policies of the Board and regulations of the school administration in regard to students.

3.  Diligence in submitting required reports promptly at the times specified.

4.  Care and protection of school property.

5.  Concern and attention toward the safety and welfare of students.

Child abuse

All district employees who have reasonable cause to know or suspect that any child is subjected to abuse or to conditions that might result in abuse or neglect must immediately upon receiving such information report such fact in accordance with Board policy and state law.

The superintendent is authorized to conduct an internal investigation or to take any other necessary steps if information is received from a county department of social services or a law enforcement agency that a suspected child abuse perpetrator is a School District employee.  Such information must remain confidential except that the superintendent must notify the Colorado Department of Education of the child abuse investigation.

Possession of deadly weapons

The Board's policy regarding public possession of deadly weapons on school property or in school buildings shall apply to District employees.  However, the restrictions do not apply to employees who are required to carry or use deadly weapons in order to perform their necessary duties and functions.

Felony/misdemeanor convictions

If, subsequent to beginning employment with the District, the District has good cause to believe that any staff member has been convicted of, pled nolo contendere to, or received a deferred or suspended sentence for any felony or misdemeanor other than a misdemeanor traffic offense or infraction, the District must make inquiries to the Department of Education for purposes of screening the employee.

In addition, the District must require the employee to submit a complete set of fingerprints taken by a qualified law enforcement agency, an authorized district or BOCES employee, or any third party approved by the Colorado Bureau of Investigation.  Fingerprints must be submitted within 20 days of receipt of written notification.  The fingerprints must be forwarded to the Colorado Bureau of Investigation (CBI) for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado Bureau of Investigation and the Federal Bureau of Investigation. When the results of the fingerprint-based criminal history record check reveal a record of arrest without a disposition, the district must require the employee to submit to a name-based criminal history record check. Criminal history record information must be used solely for the purpose requested and cannot be disseminated outside the receiving departments, related agencies, or other authorized entities.

Disciplinary action, which could include dismissal from employment, may be taken against personnel if the results of fingerprint processing and/or name-based criminal history record check provide relevant information. Non-licensed employees must be terminated if the results of the fingerprint-based criminal history record check disclose a conviction for certain felonies, as provided in law and/or results are inconsistent with the information disclosed on his/her applicant oath.

Employees must not be charged fees for processing fingerprints under these circumstances.

Unlawful behavior involving children

The District may make an inquiry with the Department of Education concerning whether any current employee of the school district has been convicted of, pled nolo contendere to, or received a deferred or suspended sentence or deferred prosecution for a felony or misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children.  Disciplinary action, including termination, may be taken if the inquiry discloses information relevant to the employee's fitness for employment.

Notification concerning arrests

District employees must notify the district when they are arrested for specific criminal offenses, in accordance with this policy's accompanying regulation. An employee's criminal misconduct may constitute a violation of Board policy. Such criminal misconduct may also necessitate disciplinary action against the employee.

The district must notify students' parents/guardians when District employees are charged with specific criminal offenses, as required by state law and in accordance with applicable Board policy.

Personnel addressing health care treatment for behavior issues

School personnel are prohibited under state law from recommending or requiring the use of psychotropic drugs for students.  They are also prohibited from testing or requiring testing for a student's behavior without giving notice to the parent/guardian describing the recommended testing and how any test results will be used and obtaining prior written permission from the student or from the student's parent/guardian.  See the Board's policy concerning survey, assessment, analysis or evaluation of students (Policy JLDAC).  School personnel are encouraged to discuss concerns about a student's behavior with the parent/guardian and such discussions may include a suggestion that the parent/guardian speak with an appropriate health care professional regarding any behavior concerns.

Adopted:  August 22, 1995
Adopted Second Vote:  February 7, 2001
Revised:  January 8, 2003
Revised:  February 11, 2004
Revised:  January 24, 2019
Revised:  November 19, 2020

LEGAL REFS.:   28 C.F.R. 50.12 (b) (notification requirements regarding fingerprints)

C.R.S. 18-12-105.5 (unlawful carrying/possession of weapons on school grounds)

C.R.S. 18-12-214 (3)(b) (school security officers may carry concealed handgun pursuant to valid permit)

C.R.S. 19-3-308 (5.7) (child abuse reporting)

C.R.S. 22-1-130 (parent notification of employee criminal charges)

C.R.S. 22-2-119.3 (6) (d) (name-based criminal history record check - definition)

C.R.S. 22-32-109 (1)(ee) (duty to adopt policy prohibiting personnel from recommending certain drugs for students or ordering behavior tests without parent permission)

C.R.S. 22-32-109 (1)(pp) (annual employee notification requirement regarding federal student loan repayment programs and student loan forgiveness programs)

C.R.S. 22-32-109.1 (8) (policy requiring inquiries upon good cause to department of education for purposes of ongoing screening of employees)

C.R.S. 22-32-109.7 (duty to make inquiries prior to hiring)

C.R.S. 22-32-109.8 (non-licensed personnel - submittal of fingerprints and name-based criminal history record check)

C.R.S. 22-32-109.8 (6) (a) (requirement to terminate non-licensed employees for certain felony offenses)

C.R.S. 22-32-109.9 (licensed personnel - submittal of fingerprints and name-based criminal history record check)

C.R.S. 22-32-110 (1)(k) (power to adopt conduct rules)

C.R.S. 24-18-104 (government employee rules of conduct)

C.R.S. 24-18-109 (local government employee rules of conduct)

C.R.S. 24-18-110 (voluntary disclosure)

CROSS REFS.:  JLC, Student Health Services and Records

JLDAC, Screening/Testing of Students (And Treatment of Mental Disorders)

JLF, Reporting Child Abuse/Child Protection

KDBA*, Parent Notification of Employee Criminal Charges

KFA, Public Conduct on School Property