SECTION 2: EMPLOYMENT
Equal Opportunity Employer Policy GBA
Sumter School District is an equal opportunity employer. Persons desiring employment or promotion opportunities must apply through the Personnel Office.
As required by applicable state and federal laws, the district will recruit, hire, train, promote and make other employment decisions on the basis of individual merit and without discrimination because of race, religion, color, disability, gender, age, alienage or national origin.
The superintendent will establish guidelines for organization of the teaching, administrative and other certified staff and will select, hire and promote such staff with approval of the board. The superintendent will select, hire and promote all other district employees. The superintendent will direct the work of district employees.
The district maintains a policy of equal opportunity in the following areas:
- recruitment
- selection and hiring criteria and practices
- transfer and promotion
- demotions, terminations, layoffs and recalls
- compensation
- working conditions
- benefits and privileges of employment
- training
Proof of Employment Eligibility Policy GCF
All employees are required to complete an I-9 form. Federal immigration laws require that employees provide proof of employment eligibility. An I-9 form must be completed and submitted to the Personnel Office with a copy of your driver’s license and social security or other identifying information acceptable by law. E-Verify is a free internet based system operated by the United States Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration. This system is used to immediately confirm the legal working status of new hires in the school district.
Salary Schedule and Automatic Deposit Policy GBC
Employees are paid in 24 increments. Annual salary/pay is divided into equal payments to be paid in accordance with the District’s pay schedule. All salaries are set based on the salary schedule approved by the school board for the employee’s position. Pay can only begin after a W-4, along with a copy of the employee’s social security card, and a retirement designation has been submitted to the Payroll Division. Automatic deposit of payroll checks is available for all employees to the bank of their choice.
For all employees, payday is the fifteenth and last day of the month unless the aforementioned days fall on the weekend. In such situations, payday will be the preceding Friday. Paydays are also adjusted in the event the fifteenth and last day of the month falls on a holiday. In such instances, employees are paid prior to the holiday.
Tuberculosis Test (TB Test) Policy GBGA
All personnel shall be screened for tuberculosis by a medical professional as required by Section 44-29-150 and 160 of the Code of Laws of South Carolina 1976. Accordingly, the results of the screening for tuberculosis must be submitted to the personnel office prior to employment.
Criminal Background History Policy GBEBDB
The District conducts South Carolina Law Enforcement (SLED) checks on all employees upon recommendation for employment. State law requires SLED checks to be done on teachers and other This SLED report screening process helps to ensure that employees working in Sumter School District are able to provide a safe and healthy environment for all students. Employment in the District could be affected by the results of the SLED checks.
Post-Employment Medical Inquiry Policy GCF-R
All new employees are required to complete a Post Offer of Employment Medical Inquiry Form. Completion of this form is requested to assist the District by providing information pertaining to any injury or illness that exists prior to employment.
Nepotism Policy GBEA
No immediate family member of a board member will be hired in this district without the written approval of the board. For the purpose of this policy, immediate family member includes spouse, parent, child, brother/sister, brother/sister-in-law, stepparent, stepbrother/stepsister and stepchild. When a board member’s immediate family member is being recommended for any position in the district, the board member will disclose this to the other board members and recuse him/herself from the vote to hire that employee. Individuals who are candidates for employment in the district will, upon offer of employment, disclose that they have an immediate family member who is an employee of the district.
The district will not place an employee in a position wherein an employee will exercise direct administrative or supervisory authority over a member of his/her immediate family. Supervisory authority includes principal and assistant principal in a school. Neither a board member nor an employee may participate in an action relating to the discipline of his/her immediate family member. This rule applies to all levels and categories of certified, administrative and support staff employees in the school district.
Contract Obligations Policy GCQC/GCQD
State law prohibits teachers from being obligated through contract to more than one school district for the same period of time. Teachers who attempt to sign an employment contract with a school system while still under contract to another may risk losing state certification. The board will not release a teacher from his/her contract after May15 except under one of the following conditions:
- circumstances beyond the teacher’s control (ex., military/business transfer of spouse)
- serious illness of teacher
The district reserves the right not to release the teacher if written notice is not given before the date specified above or a suitable replacement has not been found. Until a teacher has been formally released from his/her contract, the district expects the teacher to report for duty on the first day of the school year or to continue to report for duty if the request for release is made mid- year.
If a teacher signs a new contract without having been properly released from a previous contract, the new contract is considered to be void.
When the superintendent does not accept a resignation and the employee fails to continue to perform his/her contractual duties, the superintendent will report the breach of contract to the board. The board may send a formal complaint to the state board of education requesting that appropriate action be taken against the employee for failure to comply with contractual obligations. Both state law and state board of education regulation provide for suspension or revocation of the professional certificate under such circumstances.
Verification of Employment and Requests for Personnel Action
All employment verifications are completed by the Personnel Office. Requests by employees regarding certification upgrades, to make copies of documents from the personnel file, and other transactions are of the utmost importance. Due to the large volume of employment verification requests and other requests received on a daily basis, such requests will be processed in three (3) business days. Employees may make a request for personnel action by contacting the Personnel Office in writing.
Personal Information Changes
Employees must contact the Personnel Office to report changes in name, address, and/or telephone number. It is the employee’s responsibility to contact other agencies of these changes, such as the South Carolina Retirement System and the Office of Educator Certification with the South Carolina Department of Education.
Personnel File Policy GBJ
An employee’s personnel file will include all records and documents collected by the district concerning the employee. It will include, but not be limited to, any of the following records that are retained by the district:
- performance evaluations
- commendations for, and complaints against, the employee made by the administration
- written suggestions for corrections and improvements made by the administration
- teaching credentials
- transcripts
- application records
- contracts
- all other personnel records kept about an employee
The district will maintain health records and medical records in a separate file to protect confidentiality. Pre-employment records, such as references or comments from interviews, are confidential and access to this information is limited to the superintendent or his/her designee. The employee has a right to review his or her personnel file by appointment with the Personnel Office. Pre-employment information is not available to an employee. Upon the employee’s resignation, the file is kept in an inactive status in the Personnel Office.
Fair Labor Standards Policy GDBC-R
The board recognizes that the district is subject to the provisions of the Fair Labor Standards Act. It may occasionally be necessary for non-exempt employees to work more than 40 hours during a given workweek. Individuals will be paid time-and-a-half (in money or compensatory time off) for each hour of overtime worked. No overtime, as defined by the FLSA, will be required or permitted without authorization from the employee’s immediate supervisor. The district requires all employees who are subject to the provisions of the Fair Labor Standards Act to complete a daily time record showing actual hours worked. Failure to maintain or falsification of such records may be grounds for disciplinary action.
Minimum wage
The minimum wage paid on an hour-by-hour basis to all employees either full or part time, permanent or temporary will be at or above the approved rate as determined by the federal government, except under designated training and apprenticeship programs exempt under special U.S. Department of Labor certification.
Workweek
A workweek will be a continuous period of 168 hours in the form of seven consecutive 24-hour periods. The district workweek begins at 12:01 a.m. each Monday for all employees and runs for seven consecutive days. Each workweek stands alone for the purpose of determining overtime pay for non-exempt employees.
Hours worked
Hours worked means all hours during which the individual is required to be on duty – generally from the required starting time to normal quitting time. Meal periods do not count as hours worked unless the individual is required to perform work duties during the meal period.
Travel
Ordinary travel time from home to a base location or vice versa is not work time. Official travel that occurs during an individual’s regular working hours will be considered hours worked.
Leave
Time taken for annual leave, sick leave, categorical leave, discretionary leave, leave without pay or other leave taken for the purpose of jury duty, military assignment or because of death in the family will not be counted as time worked and is therefore not counted as compensable time for the purpose of overtime pay.
Part time in different capacity
If individuals are employed in one capacity but voluntarily work part time in a different capacity on an occasional or sporadic basis, the hours logged in the secondary capacity will not be counted as hours worked for overtime purposes.
Substitution in same capacity
Employees, at their own option but with the approval of the employer, may substitute during scheduled hours for other employees employed in the same capacity. In the case of such substitution, the hours involved are credited to the scheduled employee and not to the substitute employee. The employer need not maintain a record that the substitution has taken place.
Overtime hours
Overtime hours worked by non-exempt employees must be scheduled and duly authorized. With respect to the payment of overtime in money, or in compensatory time, the district will have the discretion to determine which method of payment to choose.
Where an employee in a single workweek works at two or more different types of work for which different straight-time rates have been established, the employee’s regular rate for that week is the weighted average of such rates. (That is, the earnings from all such rates are added together.) This total is then divided by the total number of hours worked at all jobs.
Monetary compensation
Non-exempt employees who work in excess of 40 hours per workweek will be paid at one-and- one-half times their regular rate.
Termination
Individuals with unused comp time who are terminated or who terminate their employment will be paid for unused comp time at one and one-half times their final regular rate of pay or for the average regular rate of pay for the final three years of employment, whichever is higher.
Instructional Staff Extra Duty Policy GCMD
The board expects teachers to assume reasonable duties over and above their regular teaching responsibilities in order to provide students with appropriate supervision and a comprehensive educational program. These extra duties may include daily class preparation and attendance at staff meetings. Professional staff members will assist in the supervision of students as part of their regular duties during the school day.
Termination of Employment
Classified Employees Policy GDQD
The board authorizes the superintendent to discipline, suspend or dismiss support staff as required. Classified employees are at-will employees and not subject to the same dismissal criteria as certified staff. Principals should be actively involved in this process for their school.
Professional/Certified Employees Policy GCQF-R
A contract for professional/certified personnel may be terminated at any time upon evidence of dishonesty, alcoholism, felony, drug addiction, possession of or sale of illicit drugs, cruelty to students or other acts of serious misconduct, and upon evidence of violation of fundamental school policies. A teacher’s contract may not be renewed at the end of a school year upon recommendation of the principal. Each year, the principals/directors of each school must submit to the superintendent recommendations for their certified staff, indicating whether they recommend that a member of their staff be re-employed for another year, be employed on probation, or not be employed.
Whenever principals or other school administrators charged with the supervision of a teacher find it necessary to reprimand a teacher for a reason that they believe may lead to dismissal or cause the teacher not to be re-employed, they will take the following steps:
- Bring the matter in writing to the attention of the teacher involved and make a reasonable effort to assist the teacher to correct whatever appears to be the cause of potential dismissal or failure to be re-employed.
- Except in those cases warranting immediate suspension, allow reasonable time for improvement.
The superintendent will accept non-renewal recommendations based on the failure of a teacher to improve only after at least two conferences between the employee and his/her supervisor.
In the course of the first conference, the supervisor must define the area(s) of unsatisfactory performance and suggest to the employee what corrective steps should be taken and allow a reasonable time for improvement, depending on the nature of the conduct.
If, after a reasonable time, the employee’s performance does not show satisfactory improvement, the supervisor will arrange a second conference. This second conference is to emphasize the absence of satisfactory improvement and offer the employee either a second chance to correct the problem(s) or a chance to tender his/her resignation, depending on the nature of the conduct.
The supervisor will send a written record of each conference to the superintendent or designee. The record will become a part of the personnel record of the employee.
Before implementing the procedures prescribed above for allowing reasonable time for improvement, the principals will notify the superintendent of their intention to activate the process.
The principal must discuss with the superintendent or designee each recommendation for probationary status or non-renewal. However, teachers are not dismissed or fail to have their contract renewed without proper warning, unless such warning is impossible. If a teacher is recommended to be placed on probationary status, the principal/director is required to submit to the teacher and the superintendent a written statement listing the reasons for placing the employee on probationary status.
Upon non-renewal or termination of contract, a teacher may request hearings in the following order: principal, the Superintendent, and depending on contract status, the Board of Trustees.
Resignations
Resignation of Support Staff Policy GDQB
A support staff member who wishes to terminate his/her employment with the district may submit a letter of resignation to his/her supervisor. The supervisor will forward the request to the superintendent. The staff member must submit this letter two weeks before the desired termination date.
Resignation of Certified Staff Policy GCQC, Policy GCQD
It is the obligation of certified teachers who find that they cannot fulfill their contracts of employment to inform their principals/directors immediately upon knowledge of this fact. Any professional staff member who wants to cancel or terminate a contract must state his/her desire in writing to the superintendent. The district is under no obligation to release a teacher from a contract except as set out in Board Policy GCQC/GCQD. For such resignation to be effective, it must be accepted in writing by the superintendent or designee.
Employees are asked to please leave a forwarding address with the business department when employment ends. The address is necessary to assure accurate and prompt mailing of income tax information (W-2 statements issued in January) which is of primary importance to the employee.
Employee Transfers Policy GDJ, Policy GDK
It is the policy of the District to assign instructional personnel to positions based on their qualifications, the needs of the District, and their expressed desires. When it is not possible to meet all three conditions, the administration will assign personnel first in accordance with the needs of the District; second, where the administration feels that the employee is best qualified to serve; and third, as to the expressed preference of the employee.
The superintendent may make personnel transfers within the district on a voluntary or involuntary basis. The district will use the following procedures in making transfers.
Voluntary transfer
An employee who wants a transfer for the next academic year must discuss his/her desire with his/her principal/director (if in a school) or with his/her immediate supervisor (if on the district level). The employee should then write a letter of request to the superintendent or his/her designee no later than March 29 stating the reason for requesting a transfer and giving the name of the school to which the transfer is desired. A district transfer form is available to complete this request.
Voluntary transfers will be accepted for the upcoming school year beginning on January 1 and ending on March 29. Voluntary transfers will not be made before March 29 of each school year.
Upon receipt of the request, the superintendent or his/her designee will set a time for the employee making the request to meet with the principal of the school to which the transfer is requested (if a vacancy for which he/she qualifies exists).
Based upon the recommendation of the two principals (and/or other immediate supervisors involved), the superintendent or designee will give written notice to the employee requesting the transfer that the request has been either approved or disapproved. The staff member must be recommended by both principals/directors of the school to which the employee desires a transfer.
Involuntary transfer
If, in the opinion of the superintendent, an involuntary transfer would be in the best interest of the district, the superintendent or designee will discuss the need for the transfer with the principal (if in a school) or with the immediate supervisor (if on the district level). The superintendent or designee will have a conference with the principal/director of the school to which transfer is being contemplated. The superintendent or designee will then talk with the employee to be transferred giving reasons why the transfer is being made. Refusal to comply with the transfer may result in loss of employment for the following year. The administration will not use transfers as a disciplinary action.
Sexual Harassment Policy Policy GBAA
Sexual harassment by District employees is prohibited. All employees, including supervisory level employees, must avoid any action or conduct which could be viewed as sexual harassment. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when it results in the following:
Submission to such conduct is either implied or expressly made a term or condition of employment.
- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals.
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
Employees who feel they have been subjected to sexual harassment are encouraged to file a complaint in accordance with the administrative regulation that accompanies this policy. All allegations will be investigated promptly and confidentially. Employees who file a complaint of sexual harassment will not be subject to retaliation or reprisal in any form. Any employee, including a supervisory level employee, who is found to have engaged in sexual harassment, will be subject to disciplinary action, and all other appropriate steps will be taken to correct or rectify the situation.
Information from the district policy on sexual harassment and this administrative rule will be provided to all new employees during the hiring process, will be addressed at annual orientations for all staff members and will be referenced in the official employee handbook published each year.
All administrators/supervisors will provide a copy of the district policy on sexual harassment and this administrative rule to all employees. The district policy on sexual harassment and this administrative rule will be available on the district website as well as being available in hard copy at each school and the district office.
Annually, district administrators/supervisors will ensure that the provisions of the district policy on sexual harassment and this administrative rule, including the definition of sexual harassment, the procedures for registering a complaint about sexual harassment and the redress which is available are reviewed with all employees and students. With regard to students, such review and orientation will take into consideration, and be appropriate to, the students’ ages. A record of this orientation for employees and students will be maintained by the administrator/supervisor.
Annually, all district administrators/supervisors will attend a training session on sexual harassment which will cover the definition of sexual harassment, the district’s commitment to eliminating and avoiding sexual harassment in the schools and workplace, the penalties for engaging in sexual harassment and the procedures for reporting incidents of sexual harassment. The district will be responsible for providing such training and maintaining records of this training activity.
Employee Recognition
Sumter School District recognizes employees throughout the school year in various capacities including but not limited to the following events:
- Employee Appreciation Days
- Boss’s Day
- Administrative Professionals Day
- Teacher of the Year
- Board Appreciation Day