ADMINISTRATIVE REGULATION – 4119.21

The District expects its staff to act in a manner that reflects professional, moral, and ethical practices within established boundaries. District staff members are expected to maintain an atmosphere conducive to learning, and interactions with students must be consistent with the educational mission of the District and legitimate educational purpose within the scope of the staff member’s employment duties.

This administrative regulation addresses a range of behaviors that constitute improper interactions with students, including boundary blurring and grooming behavior that undermine the professional adult/student relationship that can lead to misconduct or the appearance of impropriety.

Therefore, all employees shall:

1. Communicate and interact with students in a manner that respects student rights to a safe and secure environment.
2. Maintain appropriate boundaries with students that are consistent with their role, duties, responsibilities, within accepted norms of behavior for the educational setting, and in a manner that a reasonable person would not interpret as inappropriate. Examples of boundary violations include but are not limited to the following:
   1. Singling or seeking out a specific student which may create excessive emotional attachment for all parties or may be perceived as a “special relationship” or as acting in a “parental” role;
   2. Entering into or attempting to form a flirtatious, romantic or sexual relationship with any student, regardless of the student’s age;
   3. Inappropriate physical contact with a student without a legitimate educational purpose, including grabbing, touching, tickling, stroking hair, cuddling, sitting on lap, etc. and or prolonged hugging;
      
      Note that legitimate purposes could include, but are not limited to, the following: assisting an injured student; assisting a student with special needs with toileting or other physical assistance; appropriate coaching instruction; appropriate performing arts instruction; or to protect the safety of students or staff;
   4. Kissing of any kind;
   5. Showing inappropriate images, photographs, videos or other content to a student;
   6. Taking photographs or videos of students outside of district sponsored events or activities, or that do not have a specific educational purpose;
   7. Telling sexual jokes or commenting about the physical attractiveness of students in a sexualized manner;
   8. Giving or exchanging personal gifts, cards, and letters with an individual student for which it is directly or implicitly suggested that a student is to say or do something in return that does not have a legitimate educational purpose; and
   9. Using student bathrooms.
3. Understand that staff should not be alone with a single student and may only be alone with a single student on school premises during the normal school day when:
   1. It is a requirement of the employee’s position, role, duties, or responsibilities;
   2. The employee’s supervisor has deemed it educationally necessary and has authorized it in advance; and
   3. The employee takes reasonable precautions to make sure that the interaction with the student is visible and/or audible to others.

4. Employees must obtain written approval in advance from their supervisor and the student’s parent/guardian to engage in the following conduct:
   1. Participate in non-school-related extracurricular activities outside of school premises;
   2. Meet with students outside of the normal school day;
   3. Visit a student’s home;
   4. Invite students to social events or activities off school premises;
   5. Transport a student alone in the employee’s personal vehicle; and
   6. Conduct instruction outside of the normal school day or outside of school premises.
5. Employees must refrain from unauthorized and inappropriate communications, and avoid appearances of impropriety in communications with students.  This restriction applies to all means of communication, including electronic mail, texting and online interactions.
   
   Factors that may be considered in determining whether communication is inappropriate include but are not limited to:
   1. Use of the employee’s personal social media or communication platforms to communicate with students, including “friending” or “following” IUSD students, even if they are adult students;
   2. The subject, content, purpose, authorization, timing, and frequency of communications;
   3. If the content of communication is sexual in nature or sexually explicit;
   4. Use of a platform that automatically erases communications or provides features that are intended to hide or alter communication history;
   5. Actions taken by the employee intended to delete or alter records of the interaction(s) with the student; and
   6. If the communication is not related to homework, school work, or some other legitimate school business.

District employees should use appropriate discretion when using social networks and communication platforms for personal communications and should limit this activity to off-duty hours and the use of their personal electronic communication devices. Information posted online, despite privacy protections, can be exposed to unintended recipients.  To avoid jeopardizing their professional effectiveness, employees are encouraged to familiarize themselves with the privacy policies, settings, and protections on any social networking websites or communication platforms to which they choose to subscribe.

Exceptions
There may be an occasion when an emergency or unforeseen circumstance may result in a deviation from professional boundaries set out in this policy. In such an event, the adult shall be prepared to provide support and justification  for any deviation from the requirements of the Board Policy and this Administrative Regulation and must demonstrate that he/she has maintained an appropriate relationship with the student.

There may be circumstances where there is an appropriate pre-existing relationship between a staff member and a student’s family that exists independently of the staff member’s position with the District. For example, an employee’s child may be friends with a student. This administrative regulation is not intended to interfere with such relationships or to limit activities that are normally consistent with such relationships. However, staff members are encouraged to maintain professional boundaries appropriate to the nature of the activity.

It is understood that staff members may be involved in other roles in the community through community groups and organizations whose participants or members may include students. This Administrative Regulation is not intended to interfere with or restrict a staff member’s ability to serve in such roles; however, staff members are strongly encouraged to maintain professional boundaries appropriate to the nature of the activity with regard to all youth with whom they interact in the course of their community involvement.

Duty to Report

All District staff are mandated reporters. Employees are required, by law, to report all known or suspected cases of child abuse or neglect. It is not the responsibility of the mandated reporter to determine whether the allegations are valid. If child abuse or neglect is reasonably suspected or if a student shares information with a mandated reporter leading him/her to reasonably believe abuse or neglect has taken place, the report must be made. No supervisor or administrator can impede or inhibit a report or subject the reporting person to any sanction.

To make a report, an employee must contact an appropriate local law enforcement or county child welfare agency, listed below.

1. A Police or Sheriff’s Department (not including a school security department).
2. A County Welfare Department/County Child Protective Services.

This legal obligation is not satisfied by making a report of the incident to a supervisor or to the school. A verbal report must be made as soon as practically possible and followed with a written report within 36 hours. Full information about the duties of Mandated Reporters is found in the Child Abuse Reporting Act, Penal Code section 11165 et seq.

A staff member who observes or has knowledge of another adult or staff member’s violation of this Administrative Regulation or related policy addressing appropriate staff interactions with students shall immediately report the information to a site administrator or an administrator in Human Resources. If reported to a site administrator, he/she shall confer with an administrator in Human Resources to appropriately document and investigate the report. If the supervisor is the subject of the report, the staff member will report instead to an administrator in Human Resources.

In addition, any staff to student behavior that may be in violation of this policy and/or District policy relating to sexual harassment shall be reported to the District Title IX Coordinator.

Investigation

Whenever the District receives a report concerning a possible professional standards violation, a report shall be made to the Title IX Coordinator, per related Board Policy and Administrative Regulation, who will determine whether initiation of the Title IX complaint and investigation process is necessary. If necessary, a site supervisor and/or a Human Resources administrator will conduct a prompt investigation. Immediate intervention shall be considered and implemented when necessary to protect student safety and/or the integrity of the investigation.

Disciplinary Action

The District’s Professional Standards provide general guidance but are not complete listings or definite guidance for every situation.  After investigation, any employee who is found to have engaged in conduct in violation of law or Board Policy, including violation of these Professional Standards may be subject to disciplinary action up to and including dismissal.  Determinations regarding whether discipline is appropriate, and the level of discipline, are made on a situation-by-situation basis.  In the case of a certificated employee, a violation of this Professional Standards may require a report to the Commission on Teacher Credentialing. The Superintendent or designee shall notify local law enforcement as appropriate.

An employee who has knowledge of but fails to report inappropriate employee conduct may also be subject to discipline.

A volunteer, student teacher, independent contractor or employee of an independent contractor who violates this policy may be prohibited from working or serving in District schools, programs, or facilities as determined by the Superintendent or designee.

Reporting adults are specifically advised of the following:

1. Reporting adults are neither permitted or responsible for investigating whether conduct is appropriate; and
2. Reporting adults are required to maintain confidentiality about any report they make in relation to this Administrative Regulation.

Confidentiality protects both the student and the adult who is the subject of the report. Failure to maintain confidentiality may impede an investigation and foster untrue or potentially harmful rumors. Nothing in this Administrative Regulation shall prevent a represented employee from consulting with his/her exclusive representative.

Adopted:  July 14, 2021