Emma Willard School 2019-2020 Employee Handbook
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TABLE OF CONTENTS INTRODUCTION AND WELCOME Fine Print MISSION STATEMENT WHERE TO GO—WHOM TO SEE BOARD OF TRUSTEES EMPLOYMENT GUIDELINES Americans with Disabilities Act Reasonable Accommodation for Individuals with Disabilities Anti-Retaliation Policy Equal Employment OpportunityWhistleblower Policy Conflict of Interest Policy for Non-Key Employees At-Will Employment Statement Fair Labor Standards Act EMPLOYMENT INFORMATION Verification of Eligibility for Employment Background Check and Fingerprinting Arrest Reports Employee Classification Seniority References and Employment Information Employment of Relatives Absences Annual Performance Conversations Corrective Action for Performance Improvement Outside Commitments Termination Expectations for Departing Employees COMPENSATION POLICIES Contract or Payroll Authorization Workday and Wage/Pay Information Deductions from Pay Personal Information for Payroll Changes in Personnel Information Personnel Records LEAVES AND TIME OFF Blood Donation Leave Bone Marrow Donation Leave Election / Voting Leave First Responder Leave Leave for Military Spouses Victim and Witness Leave Inclement Weather Break Time for Nursing Mothers Family and Medical Leave Paid Family Leave Employee Eligibility Conditions Triggering Leave
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Intermittent Leave Reinstatement and Discrimination Complaints Unpaid Leave of Absence Funeral Leave Jury Duty Military Leave EMPLOYEE BENEFITS Benefit Eligibility Health, Dental and Vision Insurance Flexible Spending Plan COBRA PBT—Paid Benefit Time Additional Details of PBT Program Holidays Short-Term Disability Insurance Long-Term Disability Insurance Group Life Insurance Retirement Plan Childcare/Daycare Reimbursement Tuition Remission Policy Susan Odell Taylor School Tuition Benefit New York State Unemployment Insurance Social Security – FICA Workers’ Compensation Professional Development Community Dining HEALTH AND SAFETY Building Security Drug-Free Policy Alcohol Use – Guidelines Smoking Regulations Universal Precautions for Serious Infectious Diseases Bloodborne Pathogens Firearms Health Services and the Employee Healthy Boundaries Standards, Working with Students Guiding Principles Standards of Behavior ANTI-DISCRIMINATION AND ANTI-HARASSMENT POLICY Retaliation Prohibited Reporting Discrimination and Harassment Investigation of Discrimination and Harassment Legal Protections and External Remedies Emma Willard School Complaint Form for Reporting Discrimination or Harassment Training Healthy Boundaries (from FinePrint) Mandated Reporting COMMUNITY POLICIES Intellectual Property Attendance at School Events Auto Insurance
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Cell Phone Policy Pets Fine Arts Collection Employee Children Parking Technology Policy Acknowledgement of Receipt of Employee Handbook
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INTRODUCTION AND WELCOME You, as an employee of Emma Willard School constitute one of our greatest assets. It is through you that the School fulfills its mission. You are the reason our girls develop into women who are bold enough to serve and shape their world. We hope and expect that your participation in our community will be a rich and rewarding growth experience for you and that you will help the school deliver an educational and living experience of the highest standard to our students and the families that they come to us from. Within these pages you will find just about everything you need to know about working, living, and enjoying the Emma Willard School experience as an employee. The information in this handbook is presented as a general summary of the School’s policies, procedures and practices. Included is information about employment, as well as employee benefits and procedures; but it is important to note, this handbook is not an express or implied employment contract and nothing in this handbook should be construed as a guarantee of employment or any benefit for any period. Compensation, including both wages and benefits, is reviewed annually. Other terms and conditions of employment are reviewed periodically and revised as needed by the School. The School’s policies comply with government laws and regulations affecting both employees and employers. Therefore, some of the sections may not “feel” like the desired culture of the School; however, they are informed by the laws and regulations which govern the School. In the event of a conflict between laws and regulations and this Employee Handbook, the laws and regulations shall govern. The Head of School has the responsibility for administering written employment policies on behalf of Emma Willard School. There will certainly be situations not covered by written materials and about which the Head of School will make a judgment. The Head of School reserves the right to establish and change general conditions of employment for all employees and to make such changes in assignments and responsibilities as needed. Every employee with supervisory responsibility is expected to be familiar with the employment policies of the School and should consult with the Head of School, or the Director of Human Resources, on questions of interpretation before decisions are made or actions taken. Employees who have questions about these employment policies should consult with the Head of School, or the Director of Human Resources.
Fine Print In addition to the employee handbook Fine Print is the Handbook provided each year to students and employees in hard copy form and parents electronically. Employees are responsible for reading Fine Print each year to understand community rules and norms.
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MISSION STATEMENT Honoring its founder’s vision, Emma Willard School proudly fosters in each young woman a love of learning, the habits of an intellectual life, and the character, moral strength, and qualities of leadership to serve and shape her world. Core Values Values are what bind people and organizations together. They can describe what you are and where you are going. They can provide the framework in key decision making. An organization’s values influence vision, mission, strategy, culture, objectives, and operations. Well understood organizational values allow for easier and better understood organizational decision making. The fact that Emma is a girls’ school with core values that reflect a deep care and reverence for relationships and for adolescent girls’ healthy development necessarily informs our expectations for both faculty and staff. Honest and straightforward communication, an eagerness to openly wrestle with important issues, the maturity to assume goodwill and recognize the validity of differing opinions, and the willingness to collaboratively work toward what is best for the whole organization are hallmarks of an Emma Willard School community member. Through our 2020 work our community has expressed the following values as fundamental components of the student and adult culture at Emma Willard School. We Value: ● Her: She is richer for the meaningful relationships forged in our community and our community is richer for her unique engagement. ● Her Journey: Through daily moments of discovery, struggle, failure, success, and connection a young woman develops a belief in herself, resiliency of character, and an awareness of the transformative power of impassioned engagement with her world. ● Her Intellect: Our culture delights in questioning, reasoning, envisioning and finding solutions for the issues that enliven our involvement together, as scholars and as friends. Through critical analysis and independent thought and expression, the Emma Willard School student discovers the power and immediacy of engaging her intellect. ● Her Determination: Encouraged to exercise her will, a student presses toward her goals, challenged and fueled by her own passions and motivation. ● Her Well-being: Dynamic balance in mind, body, and spirit is a life-long pursuit that provides a healthy foundation for self-esteem and happiness. Community Living at Emma Willard School Honoring its founder’s vision Emma Willard School proudly fosters in each young woman a love of learning, the habits of an intellectual life and the character, moral strength, and qualities of leadership to serve and shape her world. Emma Willard School is able to fulfill this mission statement because everyone lives together in community. The unifying trait of this community is that all members exercise responsibility for self and others so that a physically and psychologically healthy environment is created for each
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person. Without this sense of community Emma Willard School cannot effectively pursue its mission. Learning to live responsibly within the community is part of the educational experience and curriculum at Emma Willard School. Balancing respect for individual needs with the needs of the community and developing the sensibilities and skills needed to be a healthy part of the Emma Willard School community lies at the core of the social ethic of the School. No member of the community is expected to be perfect, but each member is expected to learn from her/his experience and demonstrate an increasing awareness of collective responsibility and personal choice. This will foster an atmosphere of trust and safety where each individual feels valued and respected.
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Main Line x1300 Security X1332 AOD (518) 603-0208 Health Center x1505
WHERE TO GO—WHOM TO SEE Financial
Accounts—Reimbursements Financial Aid
Benefits-----Payroll----- Deductions Hiring----- Performance Conversations
Human Resources
Academic Records Athletic and Facilities Rental Audio-Visual Equipment Campus Catering Classroom Assignments Classroom Technology Assistance Dining Room Hours Facilities or Housing Emergencies Furnishing—Keys—Parking—Repairs—Storage Guest Rooms Housing Assignments Housekeeping Housing/Office/Classroom Repairs Post Office/Mailroom Room Reservation Schedule Technology Telephones
Admissions/Enrollment Academic Calendar Academic Dishonesty Academic Support Services Administrator on Duty (AOD) Alumnae Resources and Information
Business Services Office x1794 Sarah Borom x1798
Laura Bernard x1790 Virginia Arbour x1792
Campus
Julie Matla x1315 Virginia Arbour x1792 Help Desk x1818 or helpdesk@emmawillard.org Jon Micheli x1893 Julie Matla x1315 Help Desk x1818 or helpdesk@emmawillard.org Kevin Bayer x1338 Campus Safety x1332 Ken McGivern x1330 Nicole Lynch x1780 Jenny Rao x1301 Fixit request on MyEmma portal Fixit request on MyEmma portal Chris Hill x1339 MyEmma portal Help Desk x1818 or helpdesk@emmawillard.org Danny Whelchel x1317
Emma Community
Jamie Hicks-Furgang x1336 Julie Matla x1315 swc@emmawillard.org and Emily Snyder x1321 Maureen Harrison x1878 aod@emmawillard.org and (518) 603-0208 Ann Dejnozka x1779 4
Assemblies Meredith Legg x1312 AWAY Programs Bob Naeher x1360 Class Lists by Grade Level Cheryl Ackner x1310 Class Rosters Julie Matla x1315 College Information Kent Jones/ Alysia Majeran x1305 x1303 Counseling Services Mary Moore x1506 Equity and Inclusion Erica Tryon x1342 Event Program Design and Printing and Website Updates communications@emmawillard.org Faculty/Staff Giving to The Emma Fund Danna O’Connell x1782 Field Trips Meredith Legg x1312 Library Caroline Buinicky x1351 Professional Development Meredith Legg/ Virginia Arbour x1312, x1792 READY Center Evangeline Delgado x1502 Residential Life Jenn Ulicnik x1521 Campus Safety, non-emergency Drew Rentz x1333 Service Learning and Community Engagement Gemma Halfi x1515 Social Media and News communications@emmawillard.org Student Academic and Wellbeing Concerns swc@emmawillard.org and Student’s Advisor Student Attendance Tammy Miller x1500 Student Clubs/Groups KellyRose Fluty x1501 Student Life, Residential and Day Emily Snyder x1321 Teaching Schedule Meredith Legg x1312 Teaching Supplies Department Chairs Textbooks Julie Matla x1315 Vehicle Reservation Schedule My Emma Portal Weekend Activities KellyRose Fluty x1501 Weekend Duty Shelley Maher x1365
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BOARD OF TRUSTEES The Board of Trustees consists of no fewer than 18 and no more than twenty-five members. The President of the Alumnae Association will serve as an ex-officio, non-voting member during her tenure. The Board of Trustees is responsible for setting policies and seeing that the School adheres to its policies. It reviews the performance of the Head of School and oversees the financial management of the School.
EMPLOYMENT GUIDELINES Americans with Disabilities Act Emma Willard School is committed to complying with the Federal Americans with Disabilities Act, the New York Human Rights Law, and all applicable laws providing for non-discrimination in employment against qualified individuals with disabilities. We will not discriminate against any qualified employee or job applicant with respect to any terms, privileges, or conditions of employment because of a person's physical or mental disability. If an employee thinks he/she will need a reasonable accommodation to perform essential job functions, he/she should inform the Head of School or Chief Financial Officer that he/she needs an accommodation. Employers are required to provide reasonable accommodations only for the physical or mental limitations of a qualified individual with a disability of which they are aware. It is the employee’s responsibility to inform the Head of School or Chief Financial Officer that an accommodation is needed.
Reasonable Accommodation for Individuals with Disabilities Emma Willard School will work with employees who disclose disabilities to develop reasonable accommodations that allow an individual the opportunity to perform the essential functions of his/her job in a safe and efficient manner. Employees are encouraged to inform the Head of School or Chief Financial Officer of any physical or mental disability and to suggest appropriate methods of reasonable accommodation. The School will consider requests for reasonable accommodation on a case-by-case basis and will engage in a timely and good faith interactive process to determine if it can make a reasonable accommodation without undue hardship. Requests for reasonable accommodation may be made in writing, electronically or orally and be directed to the Chief Financial Officer.
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Anti-Retaliation Policy Emma Willard School strictly prohibits any form of retaliation against an employee who in good faith makes a complaint, raises a concern, provides information or otherwise assists in an investigation or proceeding regarding any conduct that he or she reasonably believes to be in violation of internal practices and the policies and practices, or applicable laws, rules or regulations set forth in the handbook. All employees should feel comfortable to report illegal or unethical conduct to the Head of School without fear of retaliation. Employees will be required to cooperate with the school in the internal investigation of any matter by providing honest, truthful and complete information. Employees who in good faith make a complaint or participate in an investigation or proceeding under this policy, however, remain subject to the same standards of performance and conduct as other employees. Emma Willard School takes all complaints of retaliation seriously. All such complaints will be reviewed promptly and, where appropriate, investigated.
Equal Employment OpportunityEmma Willard School cooperates in the implementation of state and Federal statutes and regulations which are intended to prevent discrimination and is an equal opportunity employer. The School does not discriminate in matters of hiring, employment, discharge, compensation, or in terms, conditions, or privileges of employment because of age, race, creed, color, national origin, sex, disability, marital status, sexual orientation, religion, domestic violence victim status, genetic predisposition and carrier status, previous convictions or arrests to the extent required by law, or other characteristic protected by federal or state law.
Whistleblower Policy Emma Willard School requires members of its Board of Trustees, its administrators, other employees, contractors and volunteers to observe high standards of business and personal ethics in the conduct of their duties and responsibilities to the School. Employees and representatives of the School must practice honesty and integrity in fulfilling their responsibilities and comply with all applicable laws and regulations. Each trustee, employee, contractor, and volunteer of the School has an obligation to report in accordance with this Whistleblower Policy (a) questionable or improper accounting or auditing matters, and (b) instances where one suspects that an employee(s) or a representative(s) of the School did not practice honesty and integrity or comply with all applicable laws and regulations.
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This policy does not govern employment grievances. Employment concerns should be addressed pursuant to other applicable provisions of this handbook. Should a trustee, officer, employee, contractor, volunteer or agent of the School have a concern or complaint regarding the accounting, auditing or reporting of, or the internal controls, practices or procedures relating to the School’s funds, or other actual or suspected fraud or illegal acts, the following guidelines shall be followed: 1. Contact the Head of School (the “Head”) by telephone (518-833-1301), mail (285 Pawling Avenue, Troy, NY 12180) or in person to submit the complaint. If the complaint involves the Head, contact the Chair of the School’s Board of Trustees (the “Chair”) by phone or mail (772) 231-1525, (802) 366-1205 or (778) 826-0655 - 217 Upland Downs Road, Manchester Center, VT 05255 or 351 Island Creek Drive, Vero Beach, FL 32963, susie.shunter@gmail.com 2. Current contact information for these individuals shall be posted on the web site of the School. Submissions may be made anonymously, but should include as much information as possible, specifically, the name(s) of the person(s) involved, nature of the concern, details as to how this knowledge was obtained, and names of others who are believed to be witnesses. 3. Upon receipt of the complaint, the Head (or the Chair or the Chair’s designee) shall conduct an initial screening of the complaint to assess its nature, legitimacy and significance. If during the initial screening or at any time thereafter, it is determined that the complaint may implicate the Head, the Head shall notify the Chair of that fact, and the Chair shall appoint another person(s) to assume the investigation instead. 4. Upon conclusion of the initial screening, the Head (or the Chair or the Chair’s designee) shall decide whether to report the complaint to the Finance and Audit Committee (the “Committee”) of the Board of Trustees, proceed with further investigation or close the file. Notwithstanding the foregoing, any complaint involving (i) the existence of material inaccuracies in the School’s financial reports or (ii) a defalcation, fraud or other intentional misconduct with respect to its cash and/or other financial assets, accounting, auditing, reporting or internal controls, shall be reported promptly to the Committee following the initial screening thereof. 5. All submissions, inquiries and discussions in connection with this policy and the disclosures made pursuant to this policy will be documented by the Head (or Chair or the Chair’s designee). The Head and Chair will report at least annually to the Committee on any complaints or concerns raised under this policy and the investigation and/or resolution of same. 6. All submissions, inquiries, discussions and documentation will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.
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Documentation related to the investigation shall be maintained in confidential files. Access to the confidential files shall be restricted to the Head, the Chair or the Chair’s designee, the chair of the Committee, and their designated agents. This is important to avoid damaging the reputations of persons suspected but subsequently found innocent of wrongful conduct and to protect the School from potential civil liability. All such confidential files shall be maintained for at least seven years following the final disposition of the matter. 7. Appropriate corrective action will be taken, if warranted by the investigation, including the possible termination of employment, removal from office, restitution, or criminal prosecution. All other concerns and complaints not relating to the accounting, auditing or reporting of, or the internal controls practices and procedures relating to the School’s funds shall be handled pursuant to the current policies and procedures applicable to such matters. This Whistleblower Policy is intended to encourage and enable trustees, administrators, employees, contractors and volunteers to raise good faith concerns within the School for investigation and appropriate action. With this goal in mind, no one who in good faith reports a concern or complaint under this policy shall be subject to intimidation, harassment, discrimination, retaliation or, in the case of employees, adverse employment consequences for such reporting. Any employee who harasses or retaliates against such a person is subject to discipline up to and including termination of employment. On the other hand, any employee who makes a complaint under this policy by means of allegations that prove not to be substantiated and which also prove to have been made maliciously, recklessly or with foreknowledge that the allegations were false will be subject to discipline up to and including termination of employment.
Conflict of Interest Policy for Non-Key Employees The following policy is intended to assure the stakeholders within and without the School community that School Members do not participate in any decision the result of which could be of financial benefit to them, their families or entities in which they have a substantial interest and do not accept gifts, gratuities or favors of significant value from any person doing or seeking to do business with the School. This policy applies to all employees of the School (“School Members”) who are not “key employees,” defined as officers, employees who make purchasing decisions, management personnel, or who have proprietary information concerning the School. All senior administrators, officers of the School, all members of the Board of Trustees, non-trustee members of Board Committees and other “key employees” shall be subject to a separate conflict of interest policy available at the Head of School’s Office. If you have any questions as to whether you are a key employee, please consult with the Head of School or Chief Financial Officer.
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If any matter comes before a School Member (whether individually or as part of a committee or other group) for consideration or action, the School Member shall disclose any conflict of interest regarding that matter and shall take no part in the consideration of or action on the matter. Disclosure need not be either burdensome or intrusive to be effective. At the staff level, in most cases the employee would choose to tell his or her supervisor of a matter governed by the policy. Provision has been made for disclosure to the Head of School to allow employees to preserve in confidence matters they believe should not be known to their supervisor. A School Member shall be considered to have a conflict of interest with regard to a matter if s/he, any member of his/her immediate family or household or any entity in which s/he or any member of his/her immediate family or household is an officer, director, employee, member, partner, trustee or controlling shareholder has a financial interest in the matter. Financial Interest: As is the case with the New York Conflict of Interest statute applicable to all employees and numerous other conflicts of interest policies, the term “financial interest” is not defined. The context suggests that the financial interest requiring disclosure and disabling the individual from action must be material and not remote. The policy does not attempt to address the myriad of personal and professional relationships and situations where to a reasonable observer loyalties are divided. In such instances, it is always appropriate for the individual to note his or her divided loyalty and to consider whether or not to participate in the matter.
At-Will Employment Statement Nothing contained in this employee handbook in any way creates an expressed or implied right to a contract of employment, or renewal of a contract of employment. All persons employed in the State of New York fall within the scope of the State’s at-will law. Nothing contained in this handbook in any way alters the at-will nature of employment. Simply put, the School and employee has the right to terminate employment at any time unless there is a specific employment contract in existence. Under the laws of the State of New York, employment is not guaranteed.
Fair Labor Standards Act Employee categories regular and overtime pay will be based upon the U.S. Department of Labor Fair Labor Standards Act of 1938, (“FLSA”) as amended, and corresponding provisions of the New York State Labor Law. These laws establish an exemption from both minimum wage and overtime pay for executives, administrative and professional employees, including teachers and, under the FLSA, academic administrative personnel in elementary and secondary schools.
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EMPLOYMENT INFORMATION Verification of Eligibility for Employment Employees are required to complete the Employment Eligibility Verification (Form I-9) by their first day of work and must provide the required documentation within three days of their hire date. Failure to provide the required documentation will result in immediate termination of employment.
Background Check and Fingerprinting Emma Willard School reserves the right to request background checks and fingerprinting on all prospective employees once a contingent job offer has been accepted. All prospective employees will be asked to sign a consent form authorizing the school to perform the background check and fingerprinting. At this time, the individual will be advised in writing of their rights under the Fair Credit Reporting Act (“FCRA”). Failure of the prospective employee to successfully complete the background check and fingerprinting will result in the immediate withdrawal of the employment offer and/or termination from employment. Subject to the requirements of the FCRA, the School reserves the right to perform periodic background checks on current employees at the School’s discretion, as well as background checks on adults (18 and older) living with employees in School-owned-owned housing. To the extent permitted by law, continued employment for employees will be contingent upon information supplied by the Criminal History Systems Board, the Sexual Offender Registry Board and/or the independent background check. All information received will be held in strict confidence in the Business Services Office. In connection with the School's commitment to student safety, all employees must undergo a criminal background check process and fingerprinting.
Arrest Reports Any employee, volunteer, or employee of a contracted service provider who is arrested or charged with any crime by any local, state, federal, or foreign entity while working for the School, must promptly notify the Head of School of such arrest or charge.
Employee Classification FACULTY AND TEN-MONTH ACADEMIC ADMINISTRATIVE STAFF: School employees whose primary purpose relates to teaching, the academic program and/or student life. These positions would typically cover the full school day on each day that school is in session, opening and closing meetings, curriculum development efforts, and events prior to or after the school year is 11
completed. Resident faculty are included in this category. Dates for the beginning and ending of the ten-month period, opening and closing meetings and events are published annually. They will take the school holiday breaks in lieu of PBT. Emma Willard School employs a number of individuals to support students in a variety of operational areas throughout the school year. Any individual who is employed specifically to work with students, but who spends less than 50% of his or her time in the classroom will be categorized as a ten-month staff member. This might include, but would not be limited to, student service personnel, health center personnel, library personnel, and co-curricular program personnel. Such individuals will have job descriptions created specifically for their roles. They will take the school holiday breaks in lieu of PBT. TWELVE-MONTH ADMINISTRATION (Administrators): Employees who are primarily involved with the administration of the School. TWELVE MONTH STAFF: Support and operations staff (school store, maintenance, grounds, security, etc.). Staff employees are paid hourly. TEMPORARY: Employees hired to perform specific tasks during a definitive period. Regular Full-Time Regular full-time employees are scheduled to work 37.50/40.00 hours per week. Regular Part-Time Employee A regular part-time employee is one who is scheduled to work a regular schedule of less than 20 hours per week.
Seniority Seniority is determined by the earliest date of continuous employment at the School.
References and Employment Information Information about an employee, other than routine information such as name, starting date and position held, is not released to persons outside the School without the employee’s written authorization. Any request for reference for a present or former employee should be referred to the Head of School or a member of the Admin Team. Any request for reference for a present or former employee should be referred to an Admin Team member or the Head of School. This policy does not preclude the use of employee information by the School itself in connection with its own operating needs or the release of such information to government agencies and other appropriate circumstances.
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Employment of Relatives Emma Willard School prohibits employment of a member of your immediate family if this would place family members in a supervisor/subordinate relationship or create or appear to create a conflict of interest. Immediate family is defined as spouse, domestic partner, parent, sibling, child, other members of the same household, and persons with whom you have special or dating relationships.
Absences From time to time, it may be necessary for an employee to be absent from work. Employees should schedule their personal appointments during their leave time. However, the school is aware that emergencies, illnesses, or pressing personal business that cannot be scheduled outside work hours may arise. If an employee is unable to report to work, or will arrive late, the employee should contact his or her supervisor at least 1.5 hours prior to the start of their work day. Absence from work for three consecutive days without notification to and approval by one’s supervisor will be considered a voluntary resignation. If an employee is absent because of an illness for three or more successive days, the employee may be required to submit written documentation from the employee’s doctor stating the nature of the illness and when the employee will be allowed to return to work. A consistent pattern of absences, tardiness or leaving early can be considered excessive and may be cause for corrective action up to and including termination.
Annual Performance Conversations Through the performance conversation process, Department Leaders (Administrators, Department Chairs, or Supervisors) and employees can clarify expectations and desired outcomes of specific jobs, recognize accomplishments, set goals, plan for growth, identify professional development opportunities, develop plans for coaching to improve performance, and align their work to the larger sustainability of the Emma mission, promises, and core values. Employees and Department Leaders are encouraged discuss the status of any goals identified as well as the effectiveness of the employee’s handling the key areas of responsibilities periodically, as situations arise throughout the year. These conversations offer opportunities for affirmation and appreciation of the work that has been done and to create positive emotions to motivate and improve performance for the remainder of the journey towards achieving the broader goals and outcomes. Department Leaders will hold an annual year end performance conversation with each employee. The annual year-end performance conversation documents will address
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performance relative to the goals set pertaining to the key areas of responsibilities and the alignment of the individual employee’s behaviors with School values. Employees are expected to act in accordance with the Emma Willard School Standards of Behavior. Under ordinary circumstances, each employee will be provided a written recap of the year’s conversations at least annually. This document is intended to serve as a means of capturing where the individual employee is in their professional career development at that point in time and to document performance goals and personal professional development plans for the next school year.
Corrective Action for Performance Improvement Emma Willard School is an at will employer, meaning that except as provided in a written contract of employment, either Emma Willard School or an employee may end the employment relationship at any time and for any or no reason without notice. Emma Willard School tries to work with employees to address performance and conduct issues and will often take a progressive approach to improvement. Performance improvement plans may entail verbal, written and final warnings, suspensions and termination. Not all these actions may be followed in all instances. Emma Willard School reserves the right to skip any or all the progressive improvement steps if it believes it is appropriate to do so under the circumstances. For example, issues such as any violations of Emma procedures or policies set forth in the employee handbook child abuse, inappropriate conduct involving a student, unprofessional behavior, insubordination, gross negligence of duties, theft, violence, or sexual or other unlawful harassment may constitute “cause” for termination of an employment contract and may result in immediate probation, suspension or termination of employment without prior warning. At certain intervals throughout the timeline or at the end of the time frame identified in a performance improvement plan, the employee and the employee’s Department Leader will meet to review his/her progress in meeting the standard of performance expected. At that time, the Department Leader will notify the employee of one of the following outcomes: ● The employee’s performance has improved and now meets the standards of performance. ● The employee’s performance has not satisfactorily improved and next steps will be identified which may include further corrective action or termination of employment. The decision regarding termination of employment or nonrenewal of contract will be made by the Head of School. In making the decision, the Head of School will consider the Department Leader's recommendation and any other information available and relevant. The Head of School may approve the recommendation to terminate or not renew or may decide that another option should be followed.
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Outside Commitments The School encourages participation in the life of the community outside Emma Willard School but insists that employees not undertake outside commitments that would detract from the completion of professional duties, create risk of conflict of interest or impair the quality of the School’s program. Management supports these activities as long as they do not interfere with the employees’ availability to work and/or their job performance at Emma Willard School and/or if they are in conflict with the best interests of Emma Willard School. All commitments to activities outside the School that involve regular work during the school year for financial compensation must be discussed with the Head of School. Employees are encouraged to discuss other outside commitments with Head of School, Admin Team member or his/her immediate supervisor if they feel these may interfere with their ability to perform their duties.
Termination Resignations If an employee must resign from their position, s/he should discuss it with the Admin Team member from their area. Once discussed, the notice must be put in writing. The expectation of the School is at least two weeks’ notice, although 30 days is preferable. Employees who fail to provide this expected notice will forfeit any PBT payment they would have received. All benefit plans an employee is enrolled in will terminate as of the last day of the month in which the employee terminates. Involuntary Termination during the School Year An involuntary termination is a termination of employment initiated by the School. Such involuntary termination of an employee may occur during the school year. Any employee subject to such termination is not eligible for prior notice or pay in lieu of notice. The School, however, in its sole discretion may make exceptions to this policy with respect to notice or pay in lieu of notice. All benefit plans an employee is enrolled in will terminate as of the last day the month in which the employee terminates employment.
Expectations for Departing Employees When an employee leaves Emma Willard School, the business services office will provide the employee with a “Departure Form” to ensure that all personal business is closed out and School property in his/her possession is returned prior to his/her departure. The designated contact person (usually the supervisor) must sign off on all items listed on the “Departure Form” and give to the Director Human Resource.
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COMPENSATION POLICIES Contract or Payroll Authorization Emma Willard School employees are valued, and the School looks forward to a continuing and mutually satisfactory employment relationship. It is understood, however, that the School is not obligated to offer renewal of employment nor is an employee obligated to accept such offered renewal if he/she does not wish to do so. Only the Board of Trustees, the Head of School, or the Head's designee has the authority to enter into an agreement with an employee concerning employment at Emma Willard School. Any other employment agreements are not legally binding on the School. HEAD OF SCHOOL: The Board of Trustees may enter into an employment contract with the Head of School. Such contract will set forth employment conditions. The term of such contract will be determined by the needs of the School. FACULTY AND TEN-MONTH ACADEMIC ADMINISTRATIVE STAFF: For the purpose of setting forth information about employment, the School will issue a contract (known in schools as a faculty contract). Contracts are offered annually in the spring and will specify responsibilities for the coming year. The contract will be conveyed to the employee with a cover letter. The contract, a job description, cover letter and expectations set forth in the annual performance conversation/evaluation documents combine to form the expectations of the School with respect to the employee. The contract must be signed and returned to the Head of School within fourteen days from the date offered and will become a part of an employee’s personnel file. TWELVE-MONTH ADMINISTRATORS, TWELVE-MONTH STAFF: Employees in one of these categories receive either an annual contract or a payroll authorization. The School will determine the best schedule for issuing such documents.
Workday and Wage/Pay Information FACULTY AND TEN-MONTH ACADEMIC ADMINISTRATIVE STAFF: Because of the varying nature and volume of work and levels of responsibility, daily and weekly work schedules cannot be established. Hours of work will depend on individual schedules and responsibilities. Employees are expected to work the hours necessary to ensure that their responsibilities are fulfilled. Faculty and administrative staff are expected to be on campus between 8:00 A.M and 4:00 P.M. and at other times as necessary to ensure that their responsibilities are fulfilled. The employee may be asked from time to time to attend special events held on behalf of the School. The School will make every effort to balance the needs of the School with those of the employee’s personal life. TWELVE-MONTH ADMINISTRATION: Office hours generally run from 8:30 A.M. to 4:30 P.M. with a thirty-minute lunch period. Employees may be asked to work additional hours from time to time, particularly at the opening and closing of the academic year or on special weekends. 16
Because some offices need to be staffed earlier in the morning or later in the day, staffing hours may be adjusted to accommodate the needs of the School/office. TWELVE-MONTH STAFF: Fulltime staff in this category typically work a forty-hour week. The workday is established by the supervisor according to the needs of the department. The workday allows for a thirty-minute lunch period and fifteen-minute break each morning and each afternoon. OVERTIME PAY: Overtime is necessary at certain times and employees are expected to accept reasonable overtime assignments. All overtime work by non exempt employees must be authorized in advance by the employee's immediate supervisor. Non exempt employees who work in excess of forty hours per week will be paid at time and one-half. PBT will be considered as time worked for the purpose of computing overtime. A non-exempt (hourly) employee who has agreed to terms of employment for a specified period of time shall not work overtime hours (in excess of 40 hours per week) without prior permission from his/her supervisor. At the discretion of the Head of School an employee may receive additional pay for performance of additional duties. SUMMER HOURS: Full-time administration and support staff are eligible for flexible summer hours. From a June date announced by the Head of School or the day after Reunion until the first day of all school meetings, employees will coordinate with individual supervisors to arrange a schedule that permits each person in the office to work a seven and ½ hour day plus ½ hour for lunch while ensuring that the office is staffed from 8:30 until 4:30. (Should smaller offices have a coverage issue, please see your supervisor to coordinate coverage and to ensure that all are able to take advantage of the flexible summer hours.) Ten-month employees are not eligible for summer hours. PAY PERIOD: All employees will be paid bi-weekly—every other Friday. The work week is designated as beginning on Sunday and ending on Saturday.
Deductions from Pay The School is required to deduct an amount for Federal and New York State income taxes, FICA contributions (social security and Medicare), State Disability Insurance, New York State Paid Family Leave, and any court ordered garnishments from each pay check. In addition to mandated deductions, Emma Willard School will take deductions for benefits in which the employee enrolls including insurance premiums, retirement deductions etc. If at any time you do not believe that your paycheck is accurate, please immediately contact the Business Services Department.
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Personal Information for Payroll So that the School’s payroll may be processed in a timely fashion, it is expected that all new employees will be able to complete the necessary documentation for payroll purposes within three (3) days of their first day on the job. If assistance is needed, the employee should contact the business services office.
Changes in Personnel Information It is the responsibility of all employees to keep the business services office appraised of current information that may affect payroll. Examples include name change, address change, taxexemption change, leave of absence, workers compensation claim, disability claim, etc.
Personnel Records The School maintains a personnel file for each employee. The personnel file for each employee at the School consists of information pertinent to the employee’s service as applicable. to The School permits active employees to access her/his file for the purpose of reviewing its contents. Such a request should be made in writing to the Head of School. The employee’s personnel record will be maintained in a confidential manner to the fullest extension of the law.
LEAVES AND TIME OFF Blood Donation Leave Emma Willard School provides leave time to employees for the purpose of donating blood. Generally, the School conducts regular blood drives on campus. Employees are provided sufficient paid leave time to donate blood, recover, and return to work.
Bone Marrow Donation Leave Emma Willard School will grant leave to eligible employees who need scheduled work time off to undergo a medical procedure to donate bone marrow are eligible for paid leave not to exceed 24 hours in combined length. When practicable, this leave should be requested within 24 hours of the need for leave and should be scheduled in advance with the employee’s supervisor. The School may require verification by a physician as to the purpose and length of each such leave requested.
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Election / Voting Leave The School encourages employees to exercise their voting privileges in local, state, and national elections. In accordance with state election laws, employees may be granted up to three hours of paid leave to vote in a governmental election or referendum. Employees must request this time at least 2 days in advance from their supervisor.
First Responder Leave The school will grant leave to eligible employees who are members of volunteer fire departments or ambulance squads to provide assistance in a declared State of Emergency. This leave is unpaid. Employees may use their accrued vacation/personal time if they wish to be paid for this leave. When practicable, this leave should be requested within 24 hours of the need for leave and should be scheduled in advance with the employee’s supervisor. Employees will be required to submit documentation of their volunteer status prior to the leave being approved. Upon return from this leave, the School may require a notarized statement from the head of the fire department or ambulance squad indicating the time served performing the volunteer duties related to the State of Emergency.
Leave for Military Spouses In accordance with New York law, ten (10) days of unpaid leave shall be available to any spouse of a member of the armed forces of the United States, National Guard or reserves who has been deployed during a period of military conflict. Only employees who have worked an average of twenty (20) or more hours per week are eligible for leave under this Section. The School prohibits discrimination and/or retaliation against any employee who requests and/or takes time off under this Section.
Victim and Witness Leave The School recognizes an employee’s rights to paid time off for the following reasons: ▪ ▪ ▪
To exercise her/his rights as a victim as provided by the Criminal Procedure Law and the Executive Law Consult with the District Attorney as provided in the Criminal Procedure Law Exercise rights as provided by law prior to appearing as a witness
Under the law, “victims” include the aggrieved party or the next of kin of a deceased aggrieved party; the representative or guardian or a victim; a Good Samaritan (citizen who assists in an arrest or prevents a crime); or a pursuing application for or enforcement of an order of protection under the Criminal Procedure Law or the Family Court Act.
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When practicable, employees must provide notice to their immediate supervisor for leave to be approved.
Inclement Weather On a bad weather day, if a staff or faculty member is concerned about traveling s/he should contact her/his supervisor for clarification as to whether s/he is needed on campus that day. Should a staff member choose to stay home, even with permission, staff will apply PBT time to be paid for this day. On the rare occasion that a snow day is called, the news will appear on local television and radio, via email, via text, and on the school’s website. Security will be alerted as well. Snow day closings are paid to all staff who were scheduled to be onsite on the day of the closing. The exception to this policy would include identified essential staff. These individuals will be paid double time.
Break Time for Nursing Mothers Emma Willard School supports an employee’s need to express breast milk for her nursing child for up to three years after the child’s birth each time such employee has need to express the milk. Emma Willard School will work with employees to find a private location which may be used by an employee to express breast milk. Based on availability, this location may differ for each request. Should the need arise for a place to be used for expressing breast milk please contact the Director of Human Resources.
Family and Medical Leave Emma Willard School offers eligible employees unpaid leave under the Family and Medical Leave Act (“FMLA”) To be eligible for family and medical leave, an employee must have worked for the School for a total of at least 12 months and have worked at least 1,250 hours over the previous 12 months. Employees may take up to 12 weeks of unpaid leave in a rolling 12-month period for the following reasons ● birth or adoption of the employee’s child ● the employee’s serious health condition ● the serious health condition of the employee’s child, spouse, or parent
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Employees may take up to 26 weeks of FMLA leave for the following reasons: For a “qualifying exigency” for families of members of the National Guard or Reserves or of a regular component of the Armed Forces when the covered military member is on covered active duty or called to covered active duty. To care for a veteran who suffered an injury or illness as a result of a the individual's active duty. (Leave can be taken up to 5 years after discharge). To care for a service member with a serious illness or injury (An employee whose son, daughter, parent, or next of kin is a covered service member) Employees must provide at least thirty (30) days’ advanced notice to the supervisor and Director Human Resource when the leave is foreseeable, as in the event of birth or adoption. Faculty and ten-moth administration in this situation are encouraged to notify the Department Chair and the Academic Dean as soon as possible so that appropriate arrangements may be made to cover classes. Individuals requesting family leave related to the health condition of themselves, a child, spouse, or parent, will be required to provide medical certification to support the request for leave, its beginning and expected ending dates, and the estimated time required. The School may also request a second or third opinion (at the School’s expense). If this initial period of absence proves insufficient, consideration will be given to a written request for an extension. The School will maintain the employee’s benefits for the duration of FMLA in the same manner as they were prior the leave. The employee will continue to share responsibility for the monthly premium, under the terms of the plan(s). Employees on unpaid leave must make arrangements with the Business Office to make timely premium payments. Failure to make prompt payments will result in termination of the benefits. Upon returning from FMLA leave, the employee will be returned to the same or an equivalent position to the one held before the leave, with equivalent pay, benefits and other employment terms. If an employee fails to report to work promptly at the end of the approved leave period, the School will assume that the employee has resigned.
Paid Family Leave NYS Paid Family Leave provides paid leave benefits to eligible employees as part of the state’s insurance program. Paid Family Leave (“PFL”) is designed to enable eligible employees to take time off from work to care for family members under circumstances outlined below. Employees receiving PFL will receive partial wage replacement through an insurance policy that is funded through post-tax employee payroll deductions (established annually in accordance with state law). Payroll deductions will begin on the employee’s first date of employment/PFL eligibility. Participation in the PFL deduction is mandatory for eligible employees working in New York, except those individuals eligible for a waiver (explained below).
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Any PFL benefit will run concurrently with an employee’s available entitlement under the FMLA.
Employee Eligibility To be eligible for PFL leave, you must be regularly scheduled to work a minimum of 20 hours per week and have worked for Emma Willard School (“the School”) for 26 consecutive weeks or be regularly scheduled to work less than 20 hours per week and have worked for the school for 175 days. High school students working part-time during all or any part of the academic year are an excluded class of employees under state law and therefore not eligible for PFL. Waiver Employees have the opportunity to waive PFL benefits under the following limited circumstances: ● The employee’s regular work schedule is 20 or more hours per week, but the employee will not work for Emma Willard School for 26 consecutive weeks ● The employee’s regular work schedule is less than 20 hours per week and the employee will not work for Emma Willard School for 175 days Employees who meet the above-listed criteria and would like to waive PFL coverage must complete a waiver form, which can be obtained from the School’s HR Director. If an employee elects to waive PFL coverage, the School will not take PFL payroll deductions from that employee. However, if an employee elects to waive PFL coverage and her/his regular schedule changes such that s/he works for either 26 consecutive weeks or 175 days in a consecutive 52-week period, the employee’s waiver will be automatically revoked under the law. When such a waiver is revoked, the School will notify the employee regarding her/his contribution obligations. The School may begin taking PFL deductions from the employee, including any retroactive amounts from the employee’s date of hire or the amount necessary to prevent the School from having to pay the applicable PFL insurance premium. Employee Contribution The PFL benefit will be funded entirely through employee payroll deductions. New York sets the maximum employee contribution annually. Paid Family Leave Benefits In 2018, eligible employees may receive up to 8 weeks of paid family leave at 50% of the employee’s average weekly wage to a maximum of $652.96 (gross) per week. When PFL is fully phased in in 2021, the maximum benefits will increase to 67% of the employee’s average weekly wage for up to 12 weeks.
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Year
Weeks Available
2019 2020 2021
10 10 12
Maximum % of Employee Average Weekly Wage 55% 60% 67%
Capped at % of NYS Average Weekly Wage 55%* 60%* 67%*
* NYS will make an annual determination about the benefit cap amount that will be used/applied in the next calendar year. PFL is to be taken during a “rolling” 12-month period, measured backward from the first day of leave. PFL benefits may be taken intermittently in increments of one full day. However, PFL cannot be taken in partial day increments. If PFL spans across calendar years, the employee’s benefit amount / rate is set at the time the PFL begins and does not increase during the leave period. The School reserves the right to deny multiple employees PFL to care for the same family member at the same time. For example, if both spouses work for the School, the School may deny PFL to one spouse if both employees have requested to take PFL during the same period of time to bond with the same family member. In this example, both spouses can take PFL at different times to bond with the same family member, and both can use their full annual PFL allotment.
Conditions Triggering Leave Eligible employees may apply for PFL for the following reasons: ● To bond with a new child**1within the first 12 months after birth, adoption or placement (includes pre-adoption or placement for events required to effectuate adoption or placement in foster care); ● To provide physical or psychological care to a family member with a serious health condition***, including a child**, spouse, domestic partner, parent**, grandparent (biological, in-law or step) or grandchild (biological or step); ● To address a qualifying exigency when the employee’s child, spouse, parent, parent-in-law or domestic partner** is called to active military service. PFL cannot be used for an employee’s own serious health condition.
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** For purposes of this policy a child is defined as a biological, adopted, step or foster child, domestic partner’s child. A parent may be biological, step, foster, adoptive, in-law, legal guardian, or another person who stood in loco parentis to the employee when the employee was a child. *** A serious health condition is an illness, injury, impairment, or physical or mental condition that involves: (1) Inpatient care in a hospital, hospice, or residential health care facility, or (2) Continuing treatment or continuing supervision by a health care provider.
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Taking Paid Family Leave 1.
Required Employee Notice If the request for PFL leave is foreseeable, an employee must provide their Supervisor and the Director of Human Resources with notice at least 30 days in advance. When the need is unforeseeable, the employee should provide notice as quickly as possible. If timely notice is not provided, PFL benefits may be delayed or denied. Notice should include the qualifying event, the anticipated time and duration of the leave, and the type of family leave being requested. Employees should also promptly communicate any changes to their previously reported planned or in-progress leave.
2.
Obtain the Required Forms Contact the Director of Human Resources, to obtain the required forms.
3.
Complete and Submit Forms Fill out the appropriate request for PFL forms following the instructions on the cover sheet and submit it to the Director of Human Resources. The Director of Human Resources will complete the School’s section of the form and return it to the employee within 3 business days. If the School fails to respond, the employee should proceed to the next step below and submit all materials directly to the insurance carrier. It is the employee’s responsibility to submit PFL claims to the insurance carrier.
4.
Submit Request Forms and Supporting Documentation Because PFL is provided as an insurance benefit, the employee is required to submit the request forms and appropriate supporting documentation specific to the nature of the request (e.g., birth certificate, medical certification, etc.) to Wesco Insurance Company, P.O. Box 980, Bowling Green Station, New York, NY 10274. The employee can submit their claim forms before or within 30 days after the start of their leave. Wesco will pay or deny the employee’s request within 18 calendar days of receiving the completed forms. Failure to submit the required forms and appropriate supporting documentation may result in delay or denial of leave. The School assumes no responsibility for submitting or forwarding the completed forms to Wesco. Additionally, the School is not responsible for determining whether an employee is entitled to take PFL Leave. Instead, Wesco makes this determination. Employees must work with Wesco to ensure that all necessary documentation is submitted.
Relationship to Other Types of Leave Employees may not use Paid Time Off (Paid Benefit Time (“PBT”) while on PFL. Instead, employees will receive a gross maximum check directly from the insurance carrier. 24
Employees may not receive short-term disability and PFL benefits at the same time. Employees may not take more than 26 combined weeks of short-term disability and PFL in a 52-week period. If employees are unable to work and qualify for Workers’ Compensation Benefits, employees are not eligible for PFL benefits.
Intermittent Leave Employees may request intermittent PFL leave to care for a family member with a serious health condition or to bond with a new child, which can be taken in full day increments. When an employee takes intermittent leave, he or she must provide notice to their Supervisor, the insurance carrier and to the Director of Human Resources as soon as is practicable before each day of intermittent leave. Maintenance of Benefits While on PFL, the School will continue your group health insurance benefits under the same terms as provided to the employee prior to the PFL leave. Employees will be required to continue to pay their portion of premiums for the duration of the PFL leave. Failure of the employee to timely pay the school for their portion of the premiums may result in termination of group health insurance benefits. Employees who fail to return to work after expiration of PFL leave may be required to reimburse the school for health insurance premiums the school paid during the leave. PBT days do not accrue during period of PFL leave.
Reinstatement and Discrimination Complaints The School will restore employees to their original or equivalent positions upon return from leave. The School will not discriminate or retaliate against the employee for requesting, taking, or attempting to take leave to which they are entitled under the PFL or any similar law. If an employee believes that the employee’s employment was terminated, pay and/or benefits were reduced, or they were disciplined in any way as a result of requesting PFL, the employee should send the School’s HR Director a formal request for job reinstatement using the Formal Request for Reinstatement Regarding Paid Family Leave (Form PFL-DC-119), which can be found in the forms section of ny.gov/PaidFamilyLeave. File the completed form with the School and send a copy to Paid Family Leave, P.O. Box 9030, Endicott, NY 13761-9030. If the School fails to comply with the request for reinstatement within 30 days, the employee may file a PFL discrimination complaint with the Workers’ Compensation Board using Paid Family Leave Discrimination Complaint (Form PFL-DC-120), which is also available at www.ny.gov/PaidFamilyLeave. Once the employee’s complaint is received, the Board will 25
assemble the employee’s case and schedule a preliminary hearing in front of a Workers’ Compensation Law Judge. Appeal Rights If an employee’s request for PFL has been denied by Wesco, the employee has the right to appeal the determination through an arbitration proceeding. Information regarding the appeal process is available from Wesco. A neutral arbitrator will decide claim-related disputes.
Unpaid Leave of Absence An unpaid leave of absence beyond what the FMLA entitles for an FMLA-qualifying reason may be granted to an employee who has at least two years of continuous service, subject to the following conditions: The request for a leave of absence must have the recommendation of the immediate supervisor or department chair and the approval of the Head of School. For faculty, the leave of absence is limited to a maximum of one academic year. For administrators and staff, the leave of absence is limited to a maximum of twelve months. During an unpaid (beyond FMLA) leave of absence, an employee will not be eligible for Schoolpaid benefits. At the conclusion of the leave, every effort will be made to provide reinstatement in the same or equivalent position. If the employee is reinstated, all prior service rights will be retained. Years of service, hours of service, and break in service regarding eligibility to participate in the retirement plan are defined in the retirement resolution which is on file and available in the business services office. If the employee fails to apply for reinstatement at the conclusion of the authorized leave, the employee will be considered to have voluntarily resigned.
Funeral Leave In the event of the death of a spouse, child, parent, parent-in-law, grandparent, brother or sister of the employee, the School allows up to five days leave with pay. Funeral leave may also be granted at the discretion of the Head of School for the death of an individual not listed but significant to the employee. Additional time may be arranged with the supervisor and will be charged to PBT.
Jury Duty In the event an employee is summoned to jury duty, the School may, if appropriate, attest to the essential nature of the employee’s work and seek postponement, cancellation or deferment to a nonacademic period. The School will pay the employee’s regular earnings for days served on the
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jury. To the extent that an employee’s presence is not required at court during regular working hours, the employee must report to work as scheduled.
Military Leave An employee will be granted a military leave of absence without pay for any extended term of military service and the School will comply with the appropriate current military duty requirements. Eligible employees required to report for National Guard or Reserve duty occurring during a regularly scheduled work period will receive the difference between the military pay and the School base pay, as long as the immediate supervisor is provided with adequate advance notice as well as an official signed statement of the military orders and earnings. Such military duty will not affect an employee’s vacation allowance.
EMPLOYEE BENEFITS Benefit Eligibility FACULTY AND TEN-MONTH ACADEMIC ADMINISTRATIVE: Employees who work one-half-time or more ((maintain at least a course load of 2 with additional co curriculars or the equivalent of 825 hours) TEN-MONTH STAFF:
Employees regularly scheduled to work at least 825 hours per fiscal year.
TWELVE MONTH STAFF:
Employees regularly scheduled to work at least 1,000 hours per academic year)
Summary (see detailed sections to follow) Health, Dental and Vision Ins
Immediate coverage for individual and dependents with shared premium payment contributions (see Health, Dental and Vision Insurance section below)
Flex Plan
Immediate choice of election options
Retirement
Immediate eligibility for employee and employer contributions. Vesting in employer contributions occurs upon two years of service.
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Group Life Insurance
Term Life at two times salary up to $50,000
Long Term Disability
After one-year employment and after six months’ disability (must work at least 30 hours per week)
Short-Term
Salaried employees receive full salary first 2 months: 3rd to 6th month school pays ½ salary and employee receives NYS disability payments (claims and payments are based on whether 10month or 12-month employee). Hourly staff receive NYS disability payments plus use of “disability days account” and unused PBT days.
Disability
Tuition Remission
Full (day student rate)
Health, Dental and Vision Insurance The school offers health, dental and vision coverage to employees who are regularly scheduled to work 20 hours or more per week. In accordance with ACA regulations, it may be discovered that other employees may be eligible for health insurance and will be notified by the business office as they are identified. Eligible employees may join immediately upon employment and coverage will be effective on the first of the month following the date of employment. Health insurance premiums are shared between the employee and Emma Willard School and are reviewed annually. Cost sharing details will be provided upon hire and annually during Open Enrollment. Employees are eligible to join or terminate the plans midyear if they experience a “life qualifying event”. Common events include, change in employment stats making employees eligible, marriage, birth/adoption, divorce/separation. If you experience a qualifying event, please contact the Director of Human Resources who will assist in determining midyear enrollment eligibility.
Flexible Spending Plan Flexible spending accounts allow employees who are regularly scheduled to work a minimum of 20 hours per week to have money withheld on a pre-tax basis to use for payment of health, vision and dental expenses not covered by insurance, and child/dependent care. All expenses must be qualified by the IRS and meet all IRS conditions. The School's election plan year begins July 1 and ends June 30. Eligible employees may join immediately upon employment and coverage will be effective the date of employment or the first day of the month following employment. Requests for reimbursement must be made no later than sixty days (August 29) after the end of the plan year.
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COBRA Employees and their families who are enrolled in Emma Willard School’s Health and welfare plans have the opportunity to purchase a temporary extension of health, dental, vision and FSA coverage (called “continuation coverage”) at group rates for up to 36 months after the loss of coverage. Some common events include ● ● ● ● ● ● ● ●
Termination of employment Reduction in hours Divorce or legal separation Loss of dependent status Death of employee Failure to return from FMLA Medicare eligibility Spouse or domestic partner’s open enrollment
For retiring employees who have reached 59½ years of age and have given ten years or more of service to Emma Willard School, health insurance benefits at self-pay group rates will be extended to age 65 or until eligible for Medicare Part B, whichever date is earlier.
PBT—Paid Benefit Time Paid Benefit Time includes all vacation, sick, and personal time off. This does not apply to employees who follow the academic calendar (faculty and ten-month administration or tenmonth staff) or to Admin Team Members (Administrators) Earnings: All PBT is calculated per school year, (July 1 – June 30) and accrues on a per-payroll period basis. Twelve-month administration and twelve-month staff with student advisor, weekend chaperone, or other significant student or School-related responsibilities which occur after regular hours, with approval from the Head of School and the Chief Financial Officer: less than ten years of service ten or more years of service
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Twelve-month administration and twelve-month staff without student advisor, weekend chaperone, or other significant student or School-related responsibilities which occur after regular hours: less than ten years of service ten years or more of service twenty years or more of service
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PBT will encompass most time off; exceptions, such as funeral leave, etc. are noted. 29
Additional Details of PBT Program 1. Salaried exempt and nonexempt employees accrue based on a 37.5-hour work week. Fulltime nonexempt hourly employees accrue based on a forty-hour work week. Part-time accrue based on the number of hours they are paid per week. 2. When employees accrue their annual allotment of PBT, they will not accrue any more PBT until they have either used or cashed in (see number 5 below) time. PBT will only accrue on paid time up to 37.5/40 hours per week, not while on unpaid leave. 3. Accrual of PBT will be calculated in hours so PBT may be charged in hours. 4. The twelve disability days accrued by hourly employees each year are not part of the PBT program. This “bank” of days may not be cashed in but are available in the event of short term disability. 5. Employees will be eligible to cash in up to one week of PBT time twice each year. A separate taxable check will be processed in the first payroll of June and December. Employees will be given notice beforehand so that they will have ample time to submit their requests. There will not be a second PBT payroll run for anyone who did not submit her/his request in time. 6. If an employee’s PBT accrual is at zero and the employee is out sick, a doctor’s note will be required before the employee is allowed to go into negative numbers. 7. If the employee has prior approval for negative PBT, s/he will not be allowed to charge vacations against PBT until s/he has accrued into positive numbers again. 8. The employee’s paystub will show her/his accrual balance each pay period, the amount of time used, and the amount of time left to use. Once started, PBT continues throughout her/his employment. 9. If an employee leaves the School prior to the end of his/her contract, s/he will be reimbursed for only PBT that has accrued up to the point of separation when required notice has been provided. 10. Except for major holidays which are defined under the “Holidays” section, for support and operations staff, approved absence policies become effective after completion of a threemonth waiting period.
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Holidays FACULTY AND TEN-MONTH ACADEMIC ADMINISTRATIVE and TEN-MONTH STAFF: Employees in either of these categories are entitled to holidays during the school year in accordance with the School’s academic calendar. TWELVE-MONTH ADMINISTRATORS and TWELVE-MONTH STAFF: Twelve-month employees who are regularly scheduled to work 1,000 hours per year are entitled to the holidays as listed below. Employees paid over ten months are entitled to the holidays if the holiday falls within the tenmonth period: MAJOR HOLIDAYS
ADDITIONAL HOLIDAYS
NEW YEAR'S DAY JULY 4TH LABOR DAY THANKSGIVING DAY CHRISTMAS DAY
The DAY before or after New Year’s Day2* The DAY after Thanksgiving Day The DAY before or after Christmas Day*
In addition to the above days, the SECOND MONDAY DURING SPRING BREAK will be considered a holiday. Holidays falling on a Saturday or Sunday will be observed on days designated in advance by the Head of School or Chief Financial Officer. In instances when hourly employees must work on a holiday, because of summer programs, etc., the employee will be compensated at two times regular earnings unless the employee chooses to take the holiday time earlier or later within the same pay period.
Short-Term Disability Insurance Employees are covered by New York State disability insurance from the first day of employment at the School. This insurance provides for partial protection of cash salary and wages after seven consecutive days of absence due to illness or injury that does not arise out of employment. The plan provides for disabled employees to receive one-half of their average weekly earnings with a weekly maximum of $170.00 per week for a total of twenty-six weeks. To be considered for New York State disability insurance, employees must file a claim form with the business services office.
2*
will be specified by the school annually
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SALARIED EMPLOYEES: If an employee files a claim form and is approved for medical disability, the School will pay the employee full salary for up to two months. During this period, the New York State disability insurance payments will be remitted to the School. After two months, and through up to four more months of continued medical disability, the School will pay the employee one-half salary and the New York State disability insurance payments will be remitted to the employee to supplement salary. The first five days of disability for salaried employees would be charged to PBT since the disability carrier does not reimburse the School for these days. HOURLY EMPLOYEES: If an employee files a claim form and is approved for medical disability for seven consecutive days or more, New York State disability insurance payments will be remitted to the employee. An hourly employee is allowed use of her/his “disability days account” to cover the first five days of disability and the difference between the insurance payments and his/her normal weekly earnings for the remainder of the disability period. If the disability days are depleted during a medical disability, the employee may use any unused PBT until it is depleted. Disability Days Account - Hourly staff who are benefit-eligible earn one “disability day” credit for each month of employment, up to a total of 36 days. These days may be used in conjunction with PBT to augment state disability payments but are not a cash equivalent nor are they available to be redeemed for cash, either during the term of employment or upon separation from employment.
Long-Term Disability Insurance Eligible employees who are regularly scheduled to work thirty hours or more per week or more are eligible for long-term disability insurance after completion of one year of continuous service. This benefit becomes effective after 6 months of short-term disability insurance.
Group Life Insurance Eligible employees who are regularly scheduled to work 20 hours per week are enrolled in the school’s life insurance plan. The School offers a group life insurance program that provides term life insurance benefits at two times salary up to $50,000. Employees may purchase additional coverage under the guidelines established by the insurance carrier.
Retirement Plan Emma Willard School offers employees the opportunity to participate in the Emma Willard School Defined Contribution and Tax Deferred Annuity Retirement Plan (the plan). All employees are eligible to make elective deferrals to the plan upon hire on a tax deferred salary reduction basis. The School contributes 6% of an eligible employee’s compensation to the plan if the employee elects to defer less than 1% of their compensation to the plan on a tax deferred salary reduction basis. The School contributes 10% of an eligible employee’s compensation to the plan provided the employee contributes at least 1% of their compensation to the plan on a tax 32
deferred salary reduction basis. Employees who have attained age 55 and are contributing at least 2.5% of their compensation to the plan on a tax deferred salary reduction basis will receive an employer contribution totaling 12.5% of compensation. Employees are vested 100% in employer contributions once they have attained 2 years of service with the School. Employees are encouraged to make additional contributions by salary reduction up to the maximum amount allowable under current IRS regulations. A full plan description is available from the business services office.
Childcare/Daycare Reimbursement The School offers a childcare subsidy for eligible employees with children who are eligible for daycare, i.e., from six weeks of age up to, but not including, the first day of kindergarten. Eligibility for reimbursement to employees will be determined using the federal IRS qualifications. Specifically: 1. The care must be for one or more qualifying persons who are identified on the employee’s tax forms. 2. The employee (and her/his spouse, if married) must keep up a home that s/he lives in with the qualifying person(s). 3. The employee must pay childcare expenses so s/he (and her/his spouse, if married) can work or look for work. 4. The employee must identify the care provider on her/his tax return, and that provider may not be someone s/he may claim as a dependent. Full-time employees shall receive a subsidy of one-half their weekly cost to a maximum of $105.00 per child. Three-quarters time and half-time employees shall receive a proportionate subsidy of their weekly cost to a maximum of $79.00 and $52.50, respectively, per child. All reimbursements require a receipt from the daycare provider listing her/his name, address, federal I.D. number or social security number and weekly costs. In the event a private childcare provider is used, this information may be submitted on Emma Willard School letterhead. Unfortunately, the School cannot extend this benefit to occasional babysitting services unless the above qualifications are met. This benefit is to be paid at the end of each month, after care is provided. Appropriate documentation should be submitted to the accounts payable/receivable coordinator in the business services office within thirty days of the end of each month.
Tuition Remission Policy Daughters of benefit-eligible employees working 20 hours or more per week may apply for admission as day students in accordance with normal application deadlines and admission policies. The admissions committee will consider candidates for admission to grades 9-12 and the post-graduate year. Admission is not automatic; the admissions committee will evaluate the student’s application using the same standards as it would for any candidate. If an employee’s 33
daughter is admitted and elects to enroll, the School will credit her student account with an amount equivalent to day tuition. This benefit is for tuition at Emma Willard School only. All additional fees, including the Smartcard fee (escrow), will be paid by the employee. If the student wishes to be a boarding student, the difference in tuition will be paid by the employee. Permission to board will be based on the availability of space and on the appropriateness of the decision for the student, her family and the School.
Susan Odell Taylor School Tuition Benefit Emma Willard School and Susan Odell Taylor School (“Taylor School”) have an agreement in place to allow children of employees of Emma Willard School to attend the Taylor School at a discounted tuition rate. A child of an employee of Emma Willard School who otherwise meets all Taylor School admissions requirements will be permitted to attend Taylor School at a tuition rate discounted by 25 percent of the full tuition for any given year. The student’s parents will be required to sign a Taylor School enrollment contract and are fully responsible for tuition payments and are subject to all other terms of attendance. Should a sibling(s) of the child of an Emma Willard School employee also be admitted to Taylor School, the additional child(ren) will receive a 10 percent discount off the discounted price charged to the first child. The children of employees of Emma Willard School will continue to be eligible to apply for financial aid programs offered by the Taylor School. The families that do receive financial aid will pay the lesser of either the tuition reflecting a 25% discount or the tuition reflecting the financial aid provided by the Taylor School. Financial aid and Emma Willard School discounts cannot be combined. It is understood by both schools that the admission of children of the parents of the employees of Emma Willard School to Taylor School includes all the normal requirements for admission and is dependent on available space in a class. There is no guarantee of admission and no expectation that Taylor School would hire additional teachers to accommodate the children of the parents of the employees of Emma Willard School. The 25 percent discount described above does not apply to children of the employees of Emma Willard School attending the Taylor School Preschool and Pre-Kindergarten programs. Further information may be obtained from the business services office. Continuation will be subject to a review and affirmation by both schools determined on an annual basis.
New York State Unemployment Insurance All employees are covered by New York State Unemployment Insurance. Benefits are payable to those who are actively seeking employment, who are unemployed through no fault of their own, and who are ready, willing and able to accept suitable employment. Continuing employees are not eligible for New York State Unemployment Insurance during school vacation periods and/or 34
between academic years (summer, etc.). Details of benefits and eligibility requirements are available at the New York State Unemployment Insurance offices located throughout the state.
Social Security – FICA The School is required to deduct a fixed percentage from the employee’s salary each pay period for Social Security. In addition, the School submits the employer’s required contribution to Social Security.
Workers’ Compensation Employees are covered by Workers’ Compensation Insurance from the first day of employment at the School. This insurance provides weekly cash benefits and necessary medical care to employees who are injured arising out of and in their employment at the School. The School complies with all New York State Department of Labor regulations in the application of this insurance. Job-related accidents must be reported immediately to the employee’s supervisor and to the business services office.
Professional Development Emma Willard School has a long tradition of providing professional development for the faculty and staff. Generous donors have provided us with necessary funding to continue to create a community of life-long learners with a focus on advancing girls’ secondary education. Employees who are interested in professional development should have a conversation with his/her supervisor. If approved by the supervisor, the employee would submit an on-line proposal under the Professional Development group page on MyEmma. The online proposal is reviewed and approved by the Academic Dean, Dean of Student Wellbeing and Director of Human Resources. Tuition Reimbursement All benefit-eligible employees may apply for tuition reimbursement for advanced study leading to the next level of academic degree. Tuition is reimbursed at fifty percent, and the maximum grant per fiscal year is $3,000. To obtain these grants, an employee must fill out the form titled “Request for Tuition Reimbursement,” available on MyEmma, and submit it to the Director of Human Resources who will discuss it with the Head of School or his/her designate prior to approval/ disapproval. Coursework should be job-related, and the reimbursement applies to tuition only and does not cover textbooks, late fees, lab fees, etc. A signed promissory note is required upon receipt of tuition reimbursement. If the recipient resigns before completing one full year of service following the completion of the course, the recipient is obligated to return the full amount of the reimbursement. If the grant recipient resigns after completing one full year of service following the completion of the course, the recipient has no obligation for repayment of any part of the grant. 35
If the grant recipient’s contract is not renewed, s/he is not obligated to repay any portion of the grant. Upon completion of a degree, the recipient may be eligible for an increase in salary. Faculty compensation related to educational degrees are built into the faculty step scale. Staff increases will be considered individually based on revised job descriptions and assignment of responsibilities. Tax Treatment Depending on the use of funds provided from a grant or reimbursement, some portion of the grant or reimbursement may be subject to federal and/or state income tax and social security tax. The tax regulations for grants and awards are subject to change by the federal or state government.
Community Dining The dining service is designed to foster relationships within Emma Willard School’s adult community and between the adults and the students. There are great opportunities to get involved in the life of the students during these relaxed meal times. With that in mind, the School invites and encourages all employees to attend the meals in the dining hall when at work. All employees with residential student support work assignments as well as those living in school owned housing and their immediate families, are welcome to attend all meals in the dining hall during the academic year.
HEALTH AND SAFETY Building Security All buildings remain locked at all times and community members have access according to a schedule. For questions about building access contact the Director of Operations.
Drug-Free Policy Emma Willard School expects employees to be role models and, therefore, Emma Willard School employees may not engage in the illegal use of or misuse of prescribed controlled substances while employed with the School. Emma Willard School is committed to maintaining a drug free environment for its students and employees in compliance with applicable state and federal laws. Accordingly, the use, possession, manufacture, distribution, dispensation, purchase and/or sale of illegal drugs (which includes controlled substances) on School property including school housing, on School business, or at School events, is prohibited and will result in termination.
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Provided, however, that nothing herein is intended to prohibit the proper use or possession of prescribed medication by the person for whom such medication has been prescribed or employees in possession of medication prescribed to students when it is obtained through the normal course of their job responsibilities and does not interfere with their ability to maintain safety or ability to carry out their job duties.
Alcohol Use – Guidelines All School policies and procedures on the use of alcohol are governed by New York State law regarding alcohol. Alcohol may not be served to students under any circumstances. Students may not serve alcohol at events. No alcohol may be served at any campus event without express prior permission of the Head of School or her/his designee. Following any event where alcohol is served, an adult must take responsibility for discarding partially consumed drinks and securing supplies. Employees may not drink or be under the influence of alcohol while working. Violation of this policy will be subject to disciplinary action. Off duty faculty and staff who have been drinking alcohol should avoid remaining in the presence of students: specifically, the adult should not go into the dining room or other public areas and should not entertain students at home.
Smoking Regulations Emma Willard School is a smoke-free campus. Employees found to have been smoking in violation of this policy will be subject to disciplinary action. Smoking, including the use of tobacco and tobacco-related products, e-cigarettes, and vaping, is not permitted in any building on campus except within personal residences. However, damage to School housing, including cleaning required due to the odors resulting from use of these products, will be assessed a charge against the resident’s housing deposit. There is no smoking in dormitory houseparent residences. Smoking is not permitted outdoors anywhere on campus or in School-owned or leased vehicles, including automobiles, vans, trucks, golf carts and other equipment. There is no smoking by Emma Willard School students, on or off campus, while under the School’s jurisdiction. Please report a student found with any lighted material in any School building or on school grounds to the Dean of Students and Wellbeing. A student caught smoking is subject to dismissal from the School.
Universal Precautions for Serious Infectious Diseases Introduction
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The School recognizes that serious infectious illnesses, such as Acquired Immune Deficiency Syndrome (AIDS) and its related conditions3* have a tragic impact on those afflicted and involve significant and sensitive issues for students, faculty and staff. The School is committed to satisfying its obligations to provide a safe and effective educational and working environment for its students, employees and visitors. Accordingly, the School will take appropriate precautions to ensure that any health and safety concerns arising out of an individual’s illness are managed in accordance with current medical knowledge and procedures. The School also recognizes that current law and regulations strictly restrict the disclosure of confidential HIV-related information without an authorized New York State Health Department consent form. However, the School strongly encourages that the parents of students who may be infected and employees who may be infected consider signing the consent form for appropriate personnel at the School. With these principles in mind, the School has established the following policy for students and employees with serious infectious illnesses. Although this policy focuses upon AIDS, it also is intended to apply, as appropriate, to other serious infectious illnesses. General Policies The School makes a concerted effort to provide ongoing AIDS education to its students and employees. As part of this effort, the School makes available information regarding its AIDS policy. In addition, the School provides information about the nature of the disease, and how it is and is not transmitted. This information places special emphasis on methods for preventing the spread of AIDS. At the present time, the overwhelming preponderance of available medical and scientific evidence, including statements from the United States Public Health Service Centers for Disease Control, holds that the AIDS virus is not transmitted casually in ordinary educational, occupational or social settings or conditions. No student or employee shall be discriminated against on the basis that s/he has been identified as HIV-positive or as having AIDS. No student’s education or employee’s work shall be interrupted or curtailed solely on the basis of such information. The School treats AIDS in the same manner as other illnesses in terms of its employment policies and does not unlawfully discriminate against employees with AIDS with respect to their eligibility to participate in its employee benefit plans. The School shall implement, and all School personnel shall comply with guidelines and routine sanitary hygiene procedures which may involve handling of blood and blood spills in or on School premises and grounds. 3*
In this policy, the term “AIDS” will be used to describe both AIDS and its related conditions (both symptomatic and asymptomatic).
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A student/employee with AIDS will be allowed to remain at the School so long as his or her medical condition allows him or her to perform according to the School’s standards, and secondary complications do not present a health or safety risk to other students, faculty, or staff. While at the School, a student or employee with AIDS will be encouraged to partake fully and equally in the educational, social and extracurricular activities offered by the School, so long as such participation does not present a health or safety risk to the student, employee, or others in the community. A student or employee must not willfully endanger or expose another individual in the School community to AIDS by any means of transmission. No School official shall require any employee or student to undergo an HIV antibody test or other HIV-related test. The School may, however, require a student to undergo an examination under Sections 903 and 904 of the Education Law or an employee under Education Law 913. The School may, from time to time, change or discontinue this policy or adopt a new policy with respect to this subject, as it determines medical opinion, New York State law, and other circumstances warrant.
Bloodborne Pathogens Emma Willard School is dedicated to providing a healthy and safe environment for our employees and students. Emma Willard School is committed to decreasing the risk for exposure to bloodborne pathogens. Bloodborne pathogens are infectious microorganisms in human blood that can cause disease in humans. These pathogens include, but are not limited to, hepatitis B (HBV), hepatitis C (HCV) and human immunodeficiency virus (HIV). Blood exposure can happen from a needle stick or other injury causing a laceration in the skin (www.osha.gov). Emma Willard School has a health center with five registered nurses and a supervising pediatrician. Emma Willard School health services supplies every classroom with a stand precaution kit, which includes a pair of gloves, antiseptic wipes, gauze and bandages, in the event of an injury. If an injury occurs the Health Center should be alerted, and a registered nurse will come assist. If a student or employer is stuck by a needle or has exposure to another person’s bodily fluids they should report to the health center for further instructions on receiving care.
Firearms Firearms are not permitted anywhere on campus including the dormitory houseparent residences and all campus housing.
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Health Services and the Employee The health service staff is permitted under New York State laws to provide the following services to employees: 1. Administer first aid in an emergency situation 2. Re-dress a wound 3. Take and record blood pressure 4. Make referrals to the school physician when applicable or provide a list of available physicians and surgeons when requested In addition: 1. At the appropriate time of the year flu vaccine is offered at a minimal charge. 2. Bed rest is available during the academic day when needed and if beds are available. 3. Every classroom and administrative office is supplied with an “Emergency Sanitation and Protection Kit” with directions for use and disposal.
Healthy Boundaries Standards, Working with Students All Emma Willard School employees agree that as a condition of employment, they will act in accordance with the following Guiding Principles regarding interactions with students and will follow the Standards of Behavior.
Guiding Principles ● We understand that our actions should be consistent with the mission, philosophy and policies of the school, and agree to comply with the expectations and policies contained in the Emma Willard School Employee Handbook. ● As adults working in a boarding and day school community, we understand the trust placed in us by our students, their families, Emma Willard School, and the State of New York to promote and ensure the health, safety, well-being, and development of each student. ● We promote a culture of trust and respect through behaviors and actions that reflect an appreciation for learning, civility, community, and difference. ● We accept the responsibility to establish and maintain healthy boundaries with students, to set limits, and to refrain from taking advantage of, or otherwise exploiting, this imbalance of power.
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Standards of Behavior Examples of behavioral standards regarding interactions with students and colleagues include, but are not limited to, the following: ● Act as a role model to students and colleagues, being especially conscious of your actions and words at times and in places where students can observe you. ● Maintain only professional relationships with students, acting transparently and unambiguously. ● Act and communicate in a professional, respectful, and courteous manner with all Emma community members. ● Take responsibility to set and maintain clear and consistent boundaries with all Emma community members. Boundaries need to always be appropriate for the circumstances. ● Promote best outcomes for girls by acting always in accordance with the mission, values, and expectations of the school and in ways that reflect well on the school. ● Understand the imbalance of power that exists as a result of authority, whether that be between adults or between adults and students. The imbalance of power between adults and students is of particular importance in a school environment. Use your influence to promote healthy student development. Also understand this imbalance can often continue after the student has left Emma Willard School. ● Accept responsibility for the impact of your actions and words, regardless of your intent. ● Relay community concerns to appropriate people at school, including referring students in need of counseling or health services. Any employee who believes that a boundary has been crossed should speak with his or her supervisor, the Director of Human Resources, the Dean of Students and Wellbeing, or the Head of School. The person receiving such a report is responsible for addressing immediately the behavior or concern with the employee alleged to have crossed a boundary. Oftentimes, boundaries are crossed inadvertently and require nothing more than a reminder to the employee to respect all boundaries in the future. At other times, the crossing of a boundary is indicative of a more serious problem that may require further action. These boundary guidelines are not applicable if the employee is the parent, guardian, or sibling of a student who brings a complaint. However, all employees must remain mindful of their interaction with any student, even their own children or friends of their own children, whether in and out of school. Employees with family members in attendance at the School should reach
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out to the Director of Human Resources, the Dean of Students and Wellbeing, or the Head of School with any questions regarding this policy. Finally, it should be acknowledged that there may be exceptional circumstances in which a boundary might appropriately be crossed. Should an employee feel that a situation calls for or justifies deviation from the boundary guidelines outlined above, s/he must speak with his/her supervisor, in advance, to proceed under modified guidelines.
ANTI-DISCRIMINATION AND ANTI-HARASSMENT POLICY Emma Willard School (the “School”) prohibits any form of discrimination or harassment of any employee by anyone in the workplace (including supervisors, coworkers, students, consultants, vendors, customers, and other non-employees) for any illegal discriminatory reason based on any protected classification, including: race, color, sex, national origin, ethnicity, military or veteran status, mental or physical disability, marital status, sexual orientation, genetic information/predisposition or carrier status, age, religion, creed, domestic violence victim status, familial status, and any other classification protected by federal, state, and local law. The School takes this prohibition seriously and the behavior of individuals engaging in such conduct, or supervisors or managers who knowingly allow such behavior to continue, will not be tolerated. This policy applies to all employees, whether supervisory or non-supervisory, interns, contractors, and other non-employee personnel conducting business with the School. Unlawful Discrimination and Harassment Defined Discrimination and harassment can occur in a variety of forms among any combination of individuals at the School. Unlawful harassment is a form of unlawful discrimination. The School prohibits harassment on the basis of any classification protected by federal, state, and local law. Unlawful harassment includes, but is not limited to, unwelcome or inappropriate verbal, physical, or other communication or conduct that denigrates or shows hostility or aversion to an individual and/or group and: ● Has the purpose or effect of creating an intimidating, hostile, or offensive work environment; or ● Has the purpose or effect of unreasonably interfering with the individual’s work performance. Unlawful harassment may include, but is not limited to: jokes, epithets, slurs, negative stereotyping; threatening, intimidating, or hostile acts; or written or graphic material including email that denigrates or shows hostility or aversion toward an individual or group on the basis of a protected characteristic.
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Other unwelcome conduct may constitute harassment, such as: ● Verbal: derogatory slurs, off-color jokes, propositions, threats, or suggestive or insulting sounds; ● Visual/non-verbal: derogatory posters, cartoons, or drawings; suggestive objects or pictures; graphic commentaries; leering; or obscene gestures; ● Physical: unwanted physical contact, including touching, interference with an individual’s normal work movement, or assault; and ● Other: making or threatening reprisals to an individual who opposes, objects to, or complains about illegal discrimination including harassment. Verbal and physical conduct may constitute harassment when: ● Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; ● Submission to or rejection of such conduct by an individual is sued as the basis for employment decisions; or ● The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Sexual Harassment Defined Sexual harassment is a form of discrimination and harassment that is against the law and prohibited by this Policy. What is Sexual Harassment Sexual harassment is a form of sex discrimination and may include harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender. Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when: ● The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment; ● The conduct is made either explicitly or implicitly a term or condition of employment; or ● Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual’s employment. A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex. Sexual harassment also consists of any unwanted 43
verbal or physical advances, sexually explicit derogatory statements, or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient’s job performance. Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment, or any other terms, conditions, or privileges of employment. This is also called “quid pro quo” harassment. Any employee who feels harassed should report so that any violation of this Policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this policy. Examples of Sexual Harassment The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited: ● Physical acts of a sexual nature, such as: o Touching, pinching, patting, kissing, hugging, grabbing, brushing against another individual’s body or poking another individual’s body; o Rape, sexual battery, molestation, or attempts to commit these assaults. ● Unwanted sexual advances or propositions, such as: o Requests for sexual favors accompanied by implied or overt threats concerning the target’s job performance evaluation, a promotion, or other job benefits or detriments; o Subtle or obvious pressure for unwelcome sexual activities. ● Sexually oriented gestures, noises, remarks, or jokes, or comments about a person’s sexuality or sexual experience, which create a hostile work environment. ● Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people’s ideas or perceptions about how individuals of a particular sex should act or look ● Sexual or discriminatory displays or publications anywhere in the workplace, such as: o Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace. ● Hostile actions taken against an individual because of that individual’s sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender, such as: o Interfering with, destroying, or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job; o Sabotaging an individual’s work; o Bullying, yelling, name calling. 44
Who Can Be a Target of Sexual Harassment Sexual harassment can occur between any individuals, regardless of their sex or gender. New York law protects employees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace. Harassers can be a superior, a subordinate, a coworker, or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer, or visitor. Where Can Sexual Harassment Occur Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices, or during non-work hours.
Retaliation Prohibited The School will not take any adverse employment action in retaliation against any employee who, with a good faith belief, reports that s/he has been discriminated against, harassed, or brings or voices a report of such conduct pursuant to this Policy on behalf of him or herself or on behalf of another. Any employee of the School who retaliates against another individual for: (1) making a report under this Policy; (2) participating in any investigation into discrimination or harassment; or (3) opposed acts of unlawful discrimination in the workplace, will be subjected to disciplinary action, up to and including termination. Under New York State law, an individual is protected from retaliation if that individual engages in “protected activity.” Protected activity occurs when a person has: ● Made a report of harassment, either internally or with any anti-discrimination agency; ● Testified or assisted in a proceeding involving harassment under the Human Rights Law or other anti-discrimination law; ● Opposed harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment; ● Reported that another employee has been harassed; or ● Encouraged a fellow employee to report harassment. Adverse employment action need not be job-related or occur in the workplace to constitute unlawful retaliation.
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Individuals who knowingly bring false charges of discrimination, including any form of harassment, against another employee of the School or other individual shall be subjected to disciplinary action, up to and including termination. Any employee who retaliates against anyone involved in a discrimination or harassment investigation will be subjected to disciplinary action, up to and including termination. All employees, paid or unpaid interns, or non-employees working in the workplace who believe they have been subject to such retaliation should inform a supervisor, manager, or the Director of Human Resources. All employees, paid or unpaid interns or non-employees who believe they have been a target of such retaliation may also seek relief in other available forums, as explained below in the section on Legal Protections.
Reporting Discrimination and Harassment The School cannot prevent or remedy discrimination or harassment unless it is aware of it. Any individual who experiences or becomes aware of discrimination or harassment has a responsibility to promptly report the behavior. Any individual who believes that he or she has been the victim of discrimination or harassment or who has witnessed discrimination or harassment should report the incident to one, or all, of the following: ● The individual’s supervisor; ● The individual’s manager; or ● Human Resources. Reports made under this Policy may be made formally or informally, orally or in writing, and within or outside of an employee’s chain of command. Employees are encouraged to report incidents of discrimination and harassment, including sexual harassment, using the complaint form contained in this Employee Handbook. All employees, including supervisors and managers, are required to immediately report all formal and informal complaints to the Director of Human Resources. In addition to being subjected to discipline if they engaged in unlawful discrimination or harassment themselves, supervisors and managers will be subjected to discipline for failing to report suspected discrimination or harassment, or otherwise knowingly allowing discrimination or harassment to continue.
Investigation of Discrimination and Harassment The investigation of any report, information, or knowledge of any discrimination or harassment will be prompt and thorough, commenced immediately (or not later than three (3) business days following the receipt of the report), and completed as soon as possible. Based on the facts and circumstances of the report, the School may choose to investigate the report internally, or to
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designate an outside investigator to complete the investigation. Any designated outside investigator must have previously received formal training in discrimination and harassment investigations, and/or have prior experience investigating discrimination and harassment complaints. The investigation will be kept confidential to the extent possible. All persons involved, including those making a report, witnesses, and alleged discriminators or harassers, will be accorded due process, as outlined below, to protect their rights to a fair and impartial investigation. Any employee who participates in such an investigation will not be retaliated against. Investigations of discrimination and harassment may be conducted by the School, or the School’s designated outside investigator, in accordance with the following steps: ● Upon receipt of the report, the Director of Human Resources will conduct an immediate review of the allegations and take any interim actions, as appropriate. If the report is verbal, an individual may be asked to complete the complaint in writing. If the individual refuses, a complaint form will be prepared based on the oral report. ● If documents, emails, or phone records are relevant to the investigation, take steps to obtain and preserve them. ● Request and review all relevant documents, including all electronic communications. ● Interview all parties involved, including any relevant witnesses. ● Create a written documentation of the investigation which may contain the following: o A list of all documents reviewed, along with a detailed summary of relevant documents; o A list of names of those interviewed, along with a detailed summary of their statements; o A timeline of events; o A summary of prior relevant incidents, reported or unreported; and o The basis for the decision and final resolution of the report, together with any corrective action. ● Keep the written documentation and associated documents in a secure and confidential location. ● Promptly notify the individual who reported and the individual(s) against whom the report was made of the final determination and implement any corrective actions identified in the written document. ● Inform the individual who reported of the right to file a complaint or charge externally as outlined below. Unlawful discrimination and harassment are forms of employee misconduct. Sanctions, up to and including termination of employment, will be enforced against (1) individuals who engage in unlawful discrimination or harassment, and (2) supervisory and managerial personnel who knowingly allow such behavior to continue.
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Legal Protections and External Remedies Discrimination and harassment are not only prohibited by the School, but also prohibited by federal, state, and where applicable, local law. Aside from the internal process at the School, individuals may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may seek the advice of an attorney. New York State Human Rights Law The Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to the School, and protects employees, paid or unpaid interns and non-employees, regardless of immigration status. A complaint alleging a violation of the Human Rights Law may be filed either with the Division of Human Rights (DHR) or in New York State Supreme Court. Complaints with DHR may be filed at any time within one year of the harassment. If an individual chooses not to file a complaint with DHR, the individual can sue directly in state court under the HRL, within three years of the alleged sexual harassment. An individual may not file with DHR if the individual has already filed a HRL complaint in state court. Complaining internally to the School does not extend your time to file with DHR or in court. The one year or three years is counted from date of the most recent incident of harassment. You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR. DHR will investigate your complaint and determine whether there is probable cause to believe that unlawful discrimination or harassment have occurred. In cases where DHR finds probable cause, a public hearing will be held before an administrative law judge. If unlawful discrimination or harassment are found after a hearing, DHR has the power to award relief. This relief varies but may include requiring your employer to take action to stop the discrimination or harassment, or redress the damage caused, including paying potential monetary damages, attorney’s fees, or civil fines. DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit: www.dhr.ny.gov. Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR’s regional offices across New York State. Title VII of the Civil Rights Act of 1964
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The United States Equal Employment Opportunity Commission (EEOC) enforces federal antidiscrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court. The EEOC does not hold hearings or award relief but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC. An employee alleging discrimination at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800669-4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.gov. If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court. Local Protections Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, Troy’s City Commission on Human Rights also has the authority to receive complaints regarding discrimination and harassment). (See City of Troy, New York, Municipal Code, Part I, Chapter 51 (2015)). Contact the City of Troy for further details. Contact the Local Police Department If the harassment involves unwanted physical touching, coerced physical confinement, or coerced sex acts, the conduct may constitute a crime. Contact the local police department.
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Emma Willard School Complaint Form for Reporting Discrimination or Harassment New York State Labor Law requires all employers to adopt a sexual harassment prevention policy that includes a complaint form to report alleged incidents of sexual harassment. However, this form can be used to report all incidents of unlawful discrimination and harassment. If you believe that you have been subjected to discrimination or harassment, you are encouraged to complete this form and submit it to the Director of Human Resources. You will not be retaliated against for filing a complaint. If you are more comfortable reporting verbally or in another manner, your employer should complete this form, provide you with a copy, and follow its Anti-Discrimination and AntiHarassment Policy, by investigating the claims as outlined at the end of this form. For additional resources, visit: https://www.ny.gov/programs/combating-sexual-harassmentworkplace (for sexual harassment complaints) and https://dhr.ny.gov/ or https://www.eeoc.gov/laws/types/ (for other types of discrimination and harassment). COMPLAINANT INFORMATION Name: Work Address:
Work Phone:
Job Title:
Email:
Select Preferred Communication Method:
☐Email ☐Phone ☐In person
SUPERVISORY INFORMATION Immediate Supervisor’s Name: Title: Work Phone:
Work Address:
COMPLAINT INFORMATION 1. Your complaint of discrimination or harassment is made about:
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Name:
Title:
Work Address:
Work Phone:
Relationship to you: ☐Supervisor ☐Subordinate ☐Co-Worker ☐Other 2. Please describe what happened and how it is affecting you and your work. Please use additional sheets of paper if necessary and attach any relevant documents or evidence.
3. Date(s) discrimination or harassment occurred: Is the discrimination or harassment continuing? ☐Yes ☐No 4. Please list the name and contact information of any witnesses or individuals who may have information related to your complaint:
The last question is optional but may help the investigation. 5. Have you previously complained or provided information (verbal or written) about related incidents? If yes, when and to whom did you complain or provide information?
If you have retained legal counsel and would like us to work with them, please provide their contact information.
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I request that Emma Willard School investigate this complaint of discrimination or harassment in a timely and confidential manner as outlined below and advise me of the results of the investigation.
Signature: __________________________
Date: __________________
Training Emma Willard School offers instruction and training to all members of the School community on issues of harassment/bullying and abuse and the School’s related policies. This training generally occurs through meetings, workshops and videos. The School also notifies all incoming students and employees of this policy as well as all Other Adults who will interact with students. In addition, all members of the School’s Admin Team and the Designated Trustees receive training about identifying harassment/bullying and applying the appropriate investigative and remedial techniques.
Healthy Boundaries (from FinePrint) How a Student Should Report Sexual Assault Students who believe they have been victims of sexual assault should seek help immediately from a trusted adult, including, but not limited to, any of the following: Dean of Students and Wellbeing, Shelley Maher 518-833-1365. smaher@emmawillard.org Head of School, Jennifer Rao 518-833-1301. jrao@emmawillard.org Director of Student Life, Emily Snyder 518-833-1321. esnyder@emmawillard.org Director of Counseling Services, Mary Moore 518-833-1506. mmoore@emmawillard.org Director of Health Services, Jennifer Bliss 518-833-1505. jbliss@emmawillard.org Students may also choose to reach out to professional services directly. Some options for professional support are listed below: Sexual Assault and Crime Victims Assistance Program at Samaritan Hospital 52
2215 Burdett Avenue Troy, NY 12180 518-271-3257 Hot Line New York State Hotline for Sexual Assault and Domestic Violence 1-800-942-6906 Troy New York Police Department 55 State Street Troy, NY 12180 518-270-4411 Students should call 911 if they need or witness a need for immediate police and/or medical attention.
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A student who is a victim of sexual assault and/or students who have information concerning sexual assault (bystanders) are strongly encouraged to disclose any information they may have to a faculty or staff member. To encourage such reports, Emma Willard School provides amnesty to student victims of sexual assault or bystanders who provide information in order to help student victims. Those students will not be disciplined for violations of fundamental rules, including drug and alcohol use, that may have taken place at the time of the sexual assault they are reporting. Survivor Support: Survivors of sexual assault will be provided with appropriate medical care. The Emma Willard School’s Health Center will coordinate referrals to an off-campus provider for care including but not limited to: emergency contraception, STI testing, HIV testing, Post-Exposure Prophylaxis for HIV prevention, immunizations (hepatitis B, tetanus booster) as appropriate, crisis mental health counseling, ongoing mental health counseling. Emma Willard School partners with the Rape Crisis Center for Rensselaer County, located at Samaritan Hospital in Troy. The health center will provide transportation to the Rape Crisis Center, and a member of the Health Center staff will stay with the student for the duration of time off campus to provide support, both professional and emotional, as needed. Survivors are encouraged to have a sexual assault forensic exam as soon as possible after an assault is reported. More information about sexual assault forensic exams can be found here: https://www.rainn.org/articles/rape-kit. Students who have experienced sexual assault may benefit from reasonable accommodations, and Emma Willard School will encourage students who have experienced sexual assault to use these accommodations. Accommodations may include, and are not limited to, extra academic support, deadline extensions, housing rearrangements, reduced course load, leave of absence. Non-Retaliation Policy Students who have experienced sexual assault or bystanders who report sexual assault should not face retaliation of any sort from any community member. This includes verbal, physical, cyber, or any other type of retaliation. A student who retaliates against another student in violation of this rule will be subject to disciplinary action. Response to Sexual Assault Emma Willard School treats all reports of sexual assault seriously, with the wellbeing of its students as the first priority. Employees involved in the response to a report of sexual assault will promptly assist the reporting party to obtain medical care and other necessary services. Emma Willard School will report sexual assault to the police, follow all mandatory reporting procedures, and promptly notify parents of sexual assault allegations. Whenever possible, survivors of sexual assault will be given the option of speaking to their parents/guardians before parents/guardians are contacted by administrators.
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Following allegations of sexual assault, Emma Willard School will conduct its own investigation in order to ensure the safety and security of the entire campus community and to determine whether disciplinary action is warranted. Emma Willard School’s investigation is separate from any investigation that might be conducted by law enforcement. Emma Willard School’s investigation will be coordinated with law enforcement in order not to interfere with their investigations. Whenever possible, survivors of sexual assault will be told when law enforcement needs to be notified. Matters of sexual assault will be handled at the discretion of the Head of School. Harassment complaints not related to sex (e.g., harassment on the basis of race, religion, disability, etc.) will be addressed by the Conduct Review Committee. Emma Willard School will not force a student victim to make a sexual assault report, nor will a student victim be forced to participate in an Emma Willard School investigation or discipline process. Emma Willard School will, however, follow its mandatory reporting obligations, to the best of its ability, and will conduct an investigation of sexual assault that comes to its attention, whether or not a student victim chooses to bring a sexual assault complaint or participate in the Emma Willard School’s investigation. Emma Willard School will require the participation and cooperation of all non-victim students in a sexual misconduct investigation and disciplinary process conducted by Emma Willard School, including the student accused of misconduct. Any non-victim student who refuses to cooperate may face disciplinary action. Sexual Intimacy Emma Willard School recognizes that students may choose to be in romantic relationships and/or become sexually active. We strive to provide education, counseling, and support services to help students address all aspects of healthy relationships and sexuality, including sexual identity and expression. Just as a family would set expectations for what sexual behaviors are allowed in the family home, Emma Willard School sets boundaries for sexual behavior in our community. We expect students to abstain from sexual activity while on campus or otherwise under Emma Willard School supervision. Sexual activity involving students of any age, even if consensual, is not allowed while under Emma Willard School supervision (please see the section on Sexual Misconduct for a definition of consent). When students engage in sexual activity, the school will work with the students to help the students reestablish healthy boundaries. Responses may include, but are not limited to, the following: • • • • •
communication with the students’ houseparent and/or advisor referral to health professionals parental conference limitations on dormitory room visits consultation with the Dean of Students and Wellbeing
Students are encouraged to speak with a counselor, nurse, or another informed adult should they have any questions about expectations regarding sexual activity.
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Healthy Boundaries, Definitions and Terms Understanding Sexual Assault: The US Department of Justice defines sexual assault as “any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.” Forced sexual intercourse is referred to as rape; sexual assault does include rape. Rape: As of January 1, 2013, the FBI defines rape as “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” Rape is often depicted as a violation that occurs by a stranger, but the majority of assaults are committed by someone the victim knows. Rapists often use tactics other than physical assault. Verbal threats and intimidation, emotional blackmail, grooming, and drugs/alcohol are instruments used by rapists. Date/Acquaintance Rape: rape (using the definition above) where the perpetrator is known to the victim. This can include peers in high school, romantic partner, a friend or friend-of-a-friend, team mate, coworker, or someone a person has simply met before. This term is used in situations where the perpetrator and victim knew each other before the assault or may have been on a date or in an intimate situation of some sort, but where the victim did not consent to sexual intercourse with the perpetrator. The term ‘date rape’ is associated in mainstream media with the use of “date rape” drugs such as GHB that temporarily paralyze the victim or make the victim lose consciousness for a period of time. However, many rapes occur without the use of drugs, and a majority of rapes are perpetrated by someone the victim knows. Grooming: used to describe the process by which adult sexual offenders obtain the trust of children and families and gradually find ways to get a victim alone and push boundaries towards sexual assault and rape. Grooming can also be used on adults too. This can be a gradual pushing of boundaries in an intimate context. Examples of this include pressuring someone to take off his/her clothes then touching that person in places without consent and pressuring him/her to do sexual things that (s)he is not comfortable with, or repeatedly asking to engage in sexual acts after a person has denied consent. Grooming often occurs over a period of time, rather than all in one instance. The logic behind grooming is to lower a potential victim’s defenses by first gain trust and then push someone’s boundaries in subtle and gradual ways. This process reduces the victim’s ability to recognize that his/her boundaries are not being respected, or that the perpetrator is doing something inappropriate. Consent: the Merriam-Webster dictionary defines consent as “to agree to do or allow something: to give permission for something to happen.” With regard to sexual activity, in order to ensure that both parties are willing participants, it is a good practice to obtain explicit rather than implied consent. Silence does not imply consent, and someone being naked does not communicate consent. Consenting to one behavior does not mean that consent is given at other points in time for that same behavior and does not mean that consent is given for other sexual behaviors. It only means that consent is given for that behavior at that point in time. There can be no consent if drugs or alcohol are involved, a person is asleep, or a threat, coercion, or force is used during 57
the encounter. Some examples: making out does not automatically mean a person is interested in having sex, having consensual sex one time does not mean that person will always be interested in sex in the future. Consent may be revoked at any time; once a person says “no”, “stop,” or seems uncomfortable as communicated verbally or with body language, sexual activity should stop. Drugs and alcohol can impact and impair one’s ability to give consent. The age at which a person can give sexual permission (age of consent) vary by state. Mandated reporters: individuals who are legally required to report suspected child abuse or maltreatment when, in their professional capacity, they are presented with reasonable cause to suspect child abuse or maltreatment. New York State recognizes that certain professionals, including school officials, teachers, nurses, and counselors, are specially equipped to fulfill the important role of mandated reporter of child abuse or maltreatment. All Emma Willard School faculty and staff are considered mandated reporters. Amnesty Policy. A student who is a victim of sexual assault and/or students who have information concerning sexual assault (bystanders) are strongly encouraged to disclose any information they may have to a faculty or staff member. To encourage such reports, Emma Willard School provides amnesty to student victims of sexual assault or bystanders who provide information in order to help student victims. Those students will not be disciplined for violations of fundamental rules, including drug and alcohol use, that may have taken place at the time of the sexual assault they are reporting. Harassment and Bullying: Harassment/Bullying is the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying, that: ● ● ● ●
has or would have the effect of unreasonably and substantially interfering with an employee’s employment or a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; or reasonably causes or would reasonably be expected to cause a student or employee to fear for his or her physical safety; or reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student or employee; or occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse's effects might reach school property.
Abuse: Abuse shall mean any of the following acts committed by an Employee or Other Adult against a School student: ● intentionally or recklessly inflicting physical injury, serious physical injury or death; ● intentionally or recklessly engaging in conduct which creates a substantial risk of such physical injury, serious physical injury or death; 58
● sexual abuse; sexual abuse includes sexual intercourse, oral genital contact, oral anal contact, genital anal contact, touching of the sexual or other intimate parts of the body for the purpose of gratifying sexual desire of either party, or intimate kissing; prohibited touching of the sexual or other intimate parts of the body includes touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing; or ● disseminating pornographic or indecent materials to a student, engaging a student in the production of pornographic or indecent materials, or “sexting” with the student.
Mandated Reporting If there is an allegation of abuse by a parent or legal guardian with respect to their own child, the School's Mandated Reporting Policy will supersede this policy and apply. New York State Child Abuse and Maltreatment Reporting Under New York State Social Services law and the Family Court Act, all school officials must report suspicions of child abuse and maltreatment when they have reasonable cause to suspect that a parent or legal guardian of a child coming before them in their official or professional capacity has abused or maltreated the child. School officials include but are not limited to, teachers, coaches, guidance counselors, school psychologists, school social workers, school nurses, staff and administrators. Mandated reporters at the School are not required to seek the consent or approval of their supervisor or anyone else at the School before making a call to the State Central Register of Child Abuse & Maltreatment (the "SCR"). The School's Administrative Council, deans, guidance counselors, wellness staff, and psychologists are all available, however, to support, consult, and collaborate with the mandated reporter throughout the process of making a report to the SCR, including providing assistance in determining whether a concern is reportable. The law provides that a mandated reporter who has reasonable cause to suspect abuse or maltreatment as described herein and, in the law, must personally make a report to the SCR, and notify the Head of School that a report has been made. Definitions: An "abused child" is a child less than 18 years of age whose parent or other person legally responsible for his or her care: 1) Inflicts or allows to be inflicted upon the child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ, or 2) Creates or allows to be created a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ, or
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3) Commits a sexual offense against the child or allows a sexual offense to be committed. Such sexual offenses are described in the New York State Penal Law and include but are not limited to sexual misconduct, rape, criminal sexual act, forcible touching, persistent sexual abuse, sexual abuse, aggravated sexual abuse, course of sexual conduct against a child, female genital mutilation, facilitating a sex offense with a controlled substance, promoting prostitution, incest, or allowing a child to engage in a sexual performance (pornography). The term injury includes but is not limited to bruises, welts, broken bones and other serious injuries, injuries which cause or would be likely to cause protracted impairment of physical or emotional health, and injuries which create a substantial risk of or cause death. A "neglected child" is a child under 18 years of age whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his or her parent or other person legally responsible for his care to exercise a minimum degree of care: 1) in supplying the child with adequate food, clothing, shelter, education, medical, dental, optometric or surgical care, though financially able to do so or offered financial or other reasonable means to do so: or 2) in providing the child with proper supervision or guardianship, by: a. unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof, including the infliction of excessive corporal punishment; or b. by misusing a drug or drugs; or c. by misusing alcoholic beverages to the extent that he or she loses self-control of his or her actions; or d. by any other acts of a similarly serious nature requiring the aid of the Family Court; or 3) by abandoning the child. Procedure: 1) A mandated reporter who has concluded, based on what s/he has observed or been told, combined with his/her training and experience, that s/he has reasonable cause to suspect that harm or imminent danger of harm to a child could be the result of an act or omission by the child's parent or other person legally responsible for the child, must report their suspicions to the SCR. 2) The toll free mandated reporter hotline for the SCR is 1-800-635-1522. The mandated reporter should ask the SCR specialist for the "Call I.D." number assigned to the report they made if a report is registered. 3) In addition to the requirements of New York State law as set out herein, School employees and employees of contracted service providers have a duty under School policy to report suspicions of child abuse or maltreatment committed by anyone, not just a parent or other person legally responsible for the child’s care, to a member of the School’s Administrative Council or a Designated Trustee. If the alleged perpetrator of
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the abuse is not a parent or other person legally responsible, pursuant to Emma Willard School policy, a report must be made to local law enforcement. 4) The Head of School or his/her designee must be notified, either in consultation before a call is placed, or promptly thereafter. 5) The Head of School or his/her designated representatives are responsible for subsequent information and follow-up necessitated by the call. 6) The Head of School or his/her designee will decide if, and by whom, the student and/or family may be contacted prior to or following the report. 7) If the reporter, the Head of School, or his/her designee believes that the release of the child to the family will place the child in imminent danger of harm, an immediate call should be made to 911, so that the police can ensure the safety of the child. 8) If a child lives in a state other than New York, the mandated reporter should make a report to the SCR as outlined above but should also notify the Head of School or the Dean of Students and Wellbeing who will determine if an additional report must be made in the other state. 9) Within 48 hours after the call to the SCR, the Head of School, Dean of Students and Wellbeing or his/her designated representative must prepare a written report using form LDS-2221-A. 10) If after a report has been made to the SCR regarding a specific child, any further information that leads a mandated reporter to have reasonable cause to suspect further or continued abuse, maltreatment or neglect of the same child, another report must be made to the SCR, following the same guidelines. 11) The School will cooperate with law enforcement and child protective services in any investigation related to child abuse and maltreatment under this policy. Such cooperation includes but is not limited to permitting a student to be interviewed at the School and complying with all requests for records made by local Child Protective Services when such records relate to a report made under this policy, and when such requests for records are made in writing. Parental consent is not required. 12) Unaccepted Reports: If the report to the SCR is not accepted, the reporter shall document the date and time of the call, as well as the name and telephone number of the SCR staff person who took the call. A copy of this information should be placed in the child's confidential record. Failure by mandated reporters to report reasonable suspicions of abuse and maltreatment is punishable as a Class A misdemeanor which can result in a penalty of up to a year in jail, a fine of up to $1,000, or both. Failing to report may also result in a civil lawsuit for monetary damages. Additionally, such failure is a violation of School policy and therefore will subject a mandated reporter to discipline up to and including termination. Any School employee who is not a mandated reporter pursuant to the law must report any suspicions of child abuse and neglect under this policy to his or her supervisor. The supervisor must report to the SCR directly or bring the report to the Head of School or the Chair of the Board of Trustees. Any members of the community who are non-mandated reporters, including parents
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and students, may make a report of child abuse or maltreatment by calling the New York State general public hotline at: 1-800-342-3720. As provided by law, the School will not take retaliatory personnel action against any employee who believes that s/he has reasonable cause to suspect that a child is an abused or maltreated child and then makes a report to the SCR or to DCF in accordance with the law. All School employees will receive periodic training as part of their employment with the School. The mandatory reporting procedures for child abuse and maltreatment set forth in this policy apply on campus, as well as off-campus for school-sponsored trips, extracurricular activities, and events. If you have any questions about this policy, please contact the Head of School.
COMMUNITY POLICIES Intellectual Property It is expected that during the course of employment with Emma Willard School, employees may prepare, create, write, initiate or otherwise develop materials as part of their position with Emma Willard School. If these materials are created for school use and with school support, monetary or otherwise, the materials are property of the School. “Materials� defined in this policy include but are not limited to curriculum development, photographs, drawings, videos, articles, reports, memos, notes, and other works of authorship, databases, designs, processes and programs, whether or not these materials are protected under copyright or trademark. Employees are prohibited from copying, distributing or selling these materials without written permission from their supervisor. Upon termination from Emma Willard School employees are not permitted to remove such materials without written approval from their supervisor. Employees who have questions regarding materials not mentioned in this policy, ownership of materials or intellectual property should speak with their supervisor.
Attendance at School Events Emma Willard School provides a number of school activities such as concerts, recitals and interscholastic games. Employees are urged to attend as many of these activities as possible.
Auto Insurance The School carries liability insurance on all school vehicles and provides primary coverage for employees while they are operating these vehicles. 62
A copy of the car registration and the employee’s driver’s license must be on file with the business services office before transporting students in private vehicles on behalf of the School. It is not possible for the School to insure vehicles it does not own. When students are transported in a personal vehicle, in the event of an accident under New York State’s No-Fault Law, the employee’s insurance limits would apply first and, if exhausted, then the School’s liability insurance may then apply.
Cell Phone Policy Eligible employees receive a reimbursement allowance for voice and/or data service related to an individually owned cell phone or device. The School will not provide cell phones or devices for use by individual employees, with the exception of devices to be used by required security and facilities employees. The School will not pay vendors directly for voice or data service, with the exception of the services required for the devices to be used by the required security and facilities employees. Eligibility for the reimbursement allowance will be considered if it is determined to be essential to have such service to perform one’s job effectively. The employee’s senior administrator must confirm there is a business need for the allowance and understands that the related department will pay for the allowance. Simple convenience is not a criterion for a cell phone allowance. Business office approval, pending proper senior administrator approval, is required in order to process the taxable allowance. Employees deemed to be eligible will receive reimbursements to cover business-related costs of service plans. The employee must retain an active cell phone contract for as long as the allowance is in place. Employees may be asked periodically to submit a copy of a bill to show the service is in place. Payment of Allowance Allowances will be paid through the accounts payable process. This monthly allowance is reimbursement for expenses incurred by the individual related to their work at Emma Willard School; therefore, the individual will not be taxed in accordance with IRS tax regulations. Allowance Approval Process Senior level administration will determine which members of their departments are eligible for the allowance. They are also responsible for an annual review of the business need for a cell phone allowance to determine if existing allowances should be continued, changed, or discontinued. A quarterly review of proof of continued service may be required as well. Determination of Reimbursement Allowance Amount The dollar amount of the cell phone reimbursement allowance is $45/per month which is based on the cost the School would have incurred to provide a cell phone for the employee’s use for 63
anticipated business activity only. Reimbursement allowances for data related expenses on cell phones or other electronic communication devices relating to email and calendar integration should be determined by the employee’s supervisor in coordination with the Chief Financial Officer. The completed Cell Phone Allowance Request form (available on MyEmma) should be submitted to the Business Services Office for processing in order to have the allowance added to the individual’s paychecks. Device Policies The employee will be responsible for choosing her/his own equipment. There is no additional allowance for the purchase of cell phones, since most carriers offer a number of phones free in connection with their service plan. Any replacement for loss or damage will be at the expense of the employee. Employees are encouraged to ask about discounts available to Emma Willard School employees at both Verizon and AT&T. Use of the phone or device in any manner contrary to local, state, or federal laws will constitute misuse and will result in immediate termination of the allowance.
Pets As a boarding community, the School makes every effort to balance the desire of pet owners to have well-behaved pets on campus with the reality that not everyone appreciates living with pets in the workplace. Keeping a pet on campus is a revocable privilege and not a right. Pets on campus create both safety and school resource issues that need to be considered by pet owners. In short, our students and other community members take priority over pets at all times. School administration will investigate complaints concerning any pet that bites, damages School property, or acts in a threatening manner toward any human or animal community member. Pets found to be a danger to the community will not be permitted to visit or live on campus. As concerns arise about pet behavior they will be addressed personally and directly with the pets’ owner. Any pet owner who cannot abide by the following guidelines will be asked to remove their pet from campus. The following pet Documentation must be provided by campus pet owners or by community members with pets who spend a significant amount of time on campus: 1. Proof that their pets are actively licensed in the city of Troy 2. Proof that their pets are up to date with all vaccinations Acceptable outdoor practices 1. Pet owners are fully responsible for any consequences associated with a badly-behaved pet. 2. Pets are not permitted to relieve themselves on the playing fields. 64
3. Pet owners will clean up after their pets on all mowed areas and paved or maintained pathways and trails. 4. Pets may be off leash on school property in the fields below the lower campus road near the Gate House or in the “Back 40”. All pets must be directly supervised by their owner or another responsible party when off leash. 5. Pets are prohibited from the playground and the track at all times. 6. Any pet who does not immediately return to their caretaker when called is not allowed to be off leash in any campus area. 7. Pets should not be on the inner campus unless they need to pass through on the way to the outer campus. 8. Any pet passing through the inner campus with its owner should be on a leash. Acceptable indoor practices 1. Pets should be kept in their owner’s apartments or homes when owners are not at home. 2. Damage to school own housing caused by pets will result in a revocation of housing privileges for the pet owner. 3. Pets should not be left outdoors unattended unless they are restricted to their yard behind a fence. 4. Pets in the dormitory should not leave their living space unless attended by their owner. 5. Pets in the dormitory are expected to remain quiet while indoors. 6. Pets are expected to remain quiet and docile while passing through community living spaces at Emma Willard School. 7. At no time shall a student be given the sole responsibility for a campus pet. 8. Please seek the permission of the Head of School if you need to bring your pet to the office. Stray pets on campus Pet’s must be accompanied by their owners at all times. Any knowledge of stray pets wandering campus unattended should be reported to security.
Fine Arts Collection This collection comprises paintings, graphics, sculpture, decorative arts and furnishings, acquired through the generosity of alumnae and friends. These items hold special artistic, historical and sentimental value for the School. All members of the Emma Willard School community should realize that they are stewards of such items located in their offices and other spaces, and they should communicate to the business services office any change in the condition or location of items which are often included in the Collections Catalog. Notify the development office whenever a gift or loan to the School is contemplated.
Employee Children While Emma Willard School welcomes and encourages the participation of faculty and staff families in the life of the school, it is expected that all members of the community will behave in 65
accordance with and are subject to the expectations for adults in a residential environment for girls. Employees are responsible for the behavior and supervision of their children and guests. Children should follow all safety rules, including the wearing of helmets and protective gear when riding their bicycles or scooters or skateboarding on campus. Children of employees under the age of 21 must be supervised by a parent or other adult when using the swimming pool or gymnasium. In addition, the following guidelines apply: ● At no time will faculty or staff lend their school keys to their children or to Emma Willard School students. ● Parents of adolescents visiting campus should urge them to be proactive in remaining in open areas where they are highly visible. ● Study hall hours, 7:15-9:15 p.m. on Sunday through Thursday evening, are not for socializing. Employee children should not be engaging with students during these hours. ● Employees will be held accountable at all times for the behavior of their children’s guests.
Parking The School makes every effort to provide parking spaces for all employees. During special events such as opening of school, Parent Days, Reunion, and Commencement, employees who live on or near campus may be requested to leave their vehicles at home. Employees must park in designated parking areas, being sure to keep all fire lanes and fire hydrant areas open. Employees must register all vehicles that will be parked on campus by filling out a form available from the security office. Employees will be provided an identification sticker to be displayed on the rearview mirror. Employees parking for the work day should plan on using the Elmgrove lot by Cluett, the main gym lot, or the side and main lots by Hunter/Weaver. If in doubt, park in one of these spaces. The main entry loop was designed to provide parking for visitors, not for employees. There is no parking on the service loop behind Kellas Hall from 7 a.m. until 5 p.m., Monday through Friday. During the evening hours and weekends, parking is permitted; however, cars should not be parked in the designated “No Parking” and “Fire Lane” spaces. Employees should not park on Elmgrove Avenue (other than residents of Elmgrove Avenue housing) and Corning Avenue.
Technology Policy Emma Willard School provides computer hardware, hardware access, software, and internet access to all employees for use in school related activities. A non-exhaustive list of provided technology resources includes desk phones, cell phones, computers, copiers, fax machines, tablets, computer software, network access, network resources, email, and internet access. This 66
policy is intended to remind employees of their responsibilities concerning the use of technology, and the School’s right to control their use. For ease of reference, these devices and networks will be referred to as “technology systems” in this policy. All employees should assume the following: 1. No communication using Emma Willard School technology systems is private or confidential. Users have no right to nor should they have an expectation of privacy when communicating via Emma Willard School technology systems. 2. Any communication identifiable to a user is considered to be the responsibility of that user. 3. Every six months a system user will be asked to change their technology system password. 4. The school reserves the right to monitor messages and internet usage in order to assure that school policies are followed. 5. The school reserves the right to delete anything at any time from any technology system. 6. Personal information is communicated via school technology systems at the risk of the user. The School strongly urges employees not to use its systems to transmit information of a legal, medical, or highly confidential nature. 7. Professional conduct online is the same as professional conduct in person, if you would not say it, don’t write it. 8. By using Emma Willard School’s technology systems, an employee agrees to be governed by the rules outlined within this policy as well as rules outlined within the employee handbook governing social media, appropriate student relationships, and appropriate behavior in the Emma Willard School workplace. 9. Emma Willard School reserves the right to disclose any electronic activity, including electronic communications, to law enforcement officials or third parties, as appropriate and consistent with applicable law. Emma Willard School will fully cooperate with local, state, or federal officials in any lawful investigation concerning or relating to any illegal activities conducted through school technology systems. System Security Employees have the primary responsibility for their own confidentiality by protecting all school issued passwords. Passwords should be protected in the same manner as any other highly confidential business or personal information. Emma issues passwords are mandated to change every six months. The school reserves the right to force off cycle changes if it appears a password has been compromised. If an employee is concerned that their password or account has been compromised they should contact the helpdesk at 518-833-1818 immediately. Privacy The School’s technology systems are intended for School business-related purposes. Employees may use technology systems for other purposes and they must understand that their communications are not private. In fact, privacy is not promise nor is it offered. All communications are the property of the School and the School reserves the right to monitor all communications. Messages may be reviewed in connection with many routine operations, such 67
as audits, software restoration, disaster recovery operations, system crash recoveries, help desk activities, etc. The School also reserves the right to monitor messages and Internet usage to ensure that its policies are being followed. Use of a School technology system constitutes consent to monitoring for these purposes. In all cases, users of the School technology systems should refrain from using these systems to convey any confidential or personal data. If an employee has any doubts, he/she should not transmit such information through School technology systems. The School strongly urges employees not to use its systems to transmit information of a legal, medical, or highly confidential nature. Whenever possible a personal email account should be used to transmit personal messages. Employees should store personal information and files on a non-school device. Professional Conduct The use of the School’s email services for business or compensated activities not associated with the School’s business is prohibited. Please note that 501(c)(3) organizations are prohibited from engaging in the support of political campaigns. Therefore, as a 501(c)(3) corporation, Emma Willard School must comply with the code or jeopardize its tax exempt status. Information sent over a public network identifies the sender with Emma Willard School and thus may be viewed by network users as the views of the School, regardless of any disclaimer which might be used. Therefore, employees must refrain from using the School’s email and technology systems for the endorsement of or promotion of candidates for office or for the advocacy of any issue to be considered by the voters for local, state or federal elections. Copyright Violations All commercially developed software is copyrighted, and the School may use it only according to the terms of the license the School has purchased. Software may not be copied and used on a home or personal computer except for school business, and then only when the license allows such use. Employees who violate the copyright or license of School software may be subject to disciplinary action, up to and including termination, and may also be legally liable to the licenser/copyright holder. Use of unauthorized software on any type of School computer equipment is strictly prohibited. The following additional procedures and guidelines help ensure appropriate use of campus technology. Employees are expected to behave responsibly in their use of technology and to abide by the generally accepted rules of network etiquette. These include, but are not limited to, the following. Employees should: 1. Not post or forward chain letters or engage in spamming. (“Spamming” means sending annoying or unnecessary messages to large numbers of people.)
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2. Not look at other people’s files or email unless invited, and not use the network to gain access to other computers unless invited. 3. Be gentle with school technology systems and care for it as if it was your own. 4. When downloading software, use only freely distributed, purchased, or evaluation software, and not engage in software piracy. 5. Not disable virus-protection software on Emma Willard School computers (unless instructed to). Load up-to-date virus-protection software on any private computer plugged into the on-campus network. 6. Be mindful that activities on the network can affect others. It is a shared resource, and employees should not disrupt network access for anybody else. 7. Not visit websites with inappropriate content or illegal activities. 8. Not engage in commercial activity of any kind nor run a business using school technology systems. Social Networking Policy Social networking tools and features are being continually introduced which may or may not be appropriate for course or student use. Social networks, even those designed for education, give rise to unique concerns and inherent dangers related to their use. In order to provide healthy, age-appropriate use of social networks, faculty members must submit all requests for Schoolsanctioned online social tools to the Academic Dean, Dean of Students and Wellbeing for review. One of the hallmarks of social networks is the ability to “friend” others – creating a group of others that share interests and personal news. Emma Willard School prohibits employees from sending or accepting invitations to “friend” current students within any personal social networking sites. Employees can only use School-sanctioned tools (email, learning management system, texting) to communicate with students, unless otherwise approved. Employees should also bear in mind that their personal, off-duty social media communications may become known to a broader audience than intended. Safety Guidelines Employees should not respond to any messages that make them feel uncomfortable. If the message is threatening or highly offensive, it should be reported to information services (Ext. 1818). Messages that are more annoying than threatening should be deleted.
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Acknowledgement of Receipt of Employee Handbook This is to acknowledge that I have received a copy of Emma Willard School’s Employee Handbook and understand that it contains important information on Emma Willard School’s general personnel policies, procedures, and guidelines and on my privileges and obligations as an employee. I acknowledge that I understand it is it my responsibility to read and comply with the policies contained in this Handbook and any revisions made to it. I have been given the opportunity to ask questions about anything contained in the Employee Handbook and fully understand the rules governing my employment with Emma Willard School. I also understand that Emma Willard School has the sole and absolute discretion to amend, supplement, or rescind any provisions of this Employee Handbook, as it deems appropriate. I agree to abide by the conditions specified in this Employee Handbook and any other rules, practices, or procedures that the School may adopt. I understand that this Employee Handbook is a guide only and is not to be construed as a legal document or employment contract.
__________________________________________ Employee Signature
_______________ Date
__________________________________________ Employee Name (Print)
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