Last Updated: September 23, 2005
1. AFFIRMATIVE ACTION
The Wachusett Regional School District, recognizing the right of an individual to work and to advance on the basis of merit, ability, and potential without regard to race, color, gender, religion, age, national origin, sexual orientation, or disability, resolves to take Affirmative Action measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rate of compensation, in-service or apprenticeship training programs, and all terms and conditions of employment.
Non-discrimination and equal opportunity are the policies of the Wachusett Regional School District in all of its programs and activities. To that end, all District employees shall rigorously take affirmative steps to ensure equal opportunity in the internal affairs of all agencies, as well as in their interactions with all agencies and in their relations with the public. Each department or school within the District, in discharging its statutory responsibilities, shall consider the likely effects which its decisions, programs, and activities shall have in meeting the goals of equality or opportunity.
Affirmative Action requires more than vigilance in the elimination of discriminatory barriers on the grounds of race, color, gender, religion, age, national origin, sexual orientation, or disability. It must also entail positive and aggressive measures to ensure equal opportunity in internal personnel practices and in those programs, which can affect persons outside of the District. This Affirmative Action shall include efforts necessary to remedy the effects of present and past discriminatory patterns and any action necessary to guarantee equal opportunity for all people.
The District acknowledges and affirms its commitment to provide a workplace with equal access for all employees. The District recognizes its obligations to make reasonable accommodation to employees protected by the Americans with Disabilities Act and to prevent any inequitable treatment.
In general, it is the responsibility of the employee with a disability to inform the District that an accommodation is needed to perform essential job functions or to receive equal benefits and privileges of employment. An employer is not required to provide an accommodation if unaware of the need. The District shall request documentation of the individual’s functional limitations to support the request.
The Wachusett Regional School District intends to operate in full compliance with current conflict of interest law (M.G.L., Chapter 268A).
Purpose
The purpose of the law is to ensure that public employee's private financial interests and relationships do not conflict with their public obligation to act objectively and with integrity. The law is broadly written to prevent a public employee from becoming involved in a situation which could result in a conflict or give the appearance of a conflict. The law covers what an employee may do on the job, after hours, and even after leaving public service.
Governance
Chapter 268A regulates the official activities of all public employees including municipal employees. An employee is considered a municipal employee if he/she holds any office, position, employment, or membership in any municipal agency or board. It does not matter whether the employee is elected or appointed, full or part time, paid or unpaid, a regular employee or a consultant. Special municipal employees, as designated by the School Committee, are also subject to Chapter 268A, with fewer restrictions in certain sections.
Chapter 268A also regulates the activities of former employees and business partners of current and former employees. Private parties are subject to the bribery and gift restrictions of the law.
Prohibitions
Chapter 268A prohibits the most obvious kind of corruption - bribes. The law imposes criminal penalties on municipal employees who seek or receive payoffs or kickbacks and on anyone who bribes or attempts to bribe a public official.
In addition, Chapter 268A prohibits:
| Accepting gifts, i.e. anything valued at $50.00 or more from anyone with whom one has had or is likely to have official dealings; |
| Taking action on any "particular matter" which would affect his/her own financial interest or the interest of a family member, business partner, organization in which he/she holds a policy level position or any person or organization with whom one is negotiating or have any arrangement concerning future employment; |
| Nepotism, i.e. favoritism of any sort afforded a relative, without the written permission of the appropriate appointing authority; |
| Obtaining District contracts or holding multiple jobs with the District; |
| Using or attempting to use one’s official position to obtain unwarranted privileges for oneself, to give the impression that one may be improperly influenced or may act with bias, or to use confidential information obtained on the job; |
| Acting as an agent or attorney for a private party before the District; or, |
| Deriving unfair advantages from former employment with the District. |
For the purposes of this section, a member of the immediate family is defined to include spouses, parents, children, adopted children, brothers, sisters, brothers-in-law, sisters-in-law, father-in-law, mother-in-law, step-parents, step-siblings, and step-children.
Certain circumstances may warrant an advance ruling on any of the above prohibitions by the Ethics Commission of the Commonwealth of Massachusetts. For information call (617) 727-0060.
It is the policy of the Wachusett Regional School District that employment decisions be based on merit, qualifications, and competence. Except where required or permitted by law, employment practices will not be influenced or affected by virtue of an applicant's or employee's race, color, gender, religion, age, national origin, sexual orientation, or disability, or any other characteristic protected by law. In addition, the District intends to provide a work environment that is free of unlawful harassment of any kind. This policy governs all aspects of employment, promotion, assignment, discharge, and other terms and conditions of employment.
It is well accepted that employment of relatives in the same area of an organization can cause conflicts and problems concerning disparate treatment. In these circumstances, all parties leave themselves open to charges of inequitable consideration in decisions concerning work assignments, transfer opportunities, time-off privileges, training and development opportunities, performance evaluations, promotions, demotions, disciplinary actions, and discharge.
It is the policy of the District that relatives of persons currently employed by the Wachusett Regional School District may be hired only if they will not be working directly for or directly supervising a relative. If already employed, these individuals cannot be transferred into such a reporting relationship. The District also abides by the rules set by the State Ethics Commission.
If two employees already employed by the District become related in accordance with the above definition, a case-by-case review shall be made. In some circumstances one of the employees may be transferred, or otherwise assigned. A waiver may be applied for.
For the purposes of this practice, a relative is defined to include spouses, parents, children, adopted children, brothers, sisters, brothers-in-law, sisters-in-law, father-in-law, mother-in-law, step-parents, step-siblings, step-children, uncles, aunts, nephews, and nieces.
The Wachusett Regional School District is committed to employing only United States citizens and aliens who are authorized to work in the United States, and complies with the Immigration Reform and Control Act of 1986.
As a condition of employment, each new employee must provide specified identification, properly complete, sign, and date the first section of the Immigration and Naturalization Service Form I-9. Before commencing work, newly hired employees must also complete the form if:
| The prospective employee has not previously filed an I-9 with the District; |
| The prospective employee’s previous I-9 is more than three years old; or, |
| The prospective employee’s previous I-9 is no longer valid. |
Employees of the Wachusett Regional School District may hold a job with another organization as long as they satisfactorily perform their job responsibilities with the District. Employees should consider the impact that outside employment may have on their health and physical endurance. All employees will be subject to the District's scheduling demands, regardless of any existing outside work requirements.
All employees are required to disclose immediately any outside employment that may conflict or have the appearance of a conflict with their regular employment. All disclosures must be placed on file in the Superintendent's Office with the Director of Administrative Services.
If the District determines that an employee's outside work interferes with performance or the ability to meet the District’s expectation, the employee may be asked to terminate the outside employment if wishing to remain employed by the District.
Outside employment will present a conflict of interest if it has an actual or potential adverse impact on the Wachusett Regional School District as determined by the District in its sole and exclusive discretion.
The District shall provide an educational and work environment free of sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting sexual harassment as defined by law.
Sexual harassment may include, but is not limited to:
| Sexually oriented verbal harassment or abuse; |
| Subtle pressure for sexual activity; |
| Inappropriate patting or pinching or other physical contact; |
| Intentional brushing against a student's or employee's body; |
| Demanding sexual favors, accompanied by implied or overt threats concerning an individual's employment or educational status; |
| Demanding sexual favors, accompanied by implied or overt promises of preferential treatment with regard to an individual's employment or educational status; |
| Any sexually motivated touching; |
| Displaying sexually suggestive pictures, objects, cartoons, posters, or other pornographic or offensive materials; |
| Sexual remarks or jokes. |
Employees who believe that they may have been subject to sexual harassment should report the incident immediately to the building principal or direct supervisor. If the complaint is against a principal or member of the central administrative staff, the employee should contact the Superintendent. A complete investigation and report will be made upon receipt of a complaint. If the complaint is found to be valid, the offending party may be subject to disciplinary action, up to and including termination.
Every employee is required to report any incident of sexual harassment of a student by another employee, school volunteer, or other adult connected with the District. Failure to make any such report will subject the employee to disciplinary action.
Please refer to School Committee Policy P5235, Policy Relating to Personnel Management Sexual Harassment for more information (Appendix 1).