Student Safety and Wellbeing: Employee Policies

● Support the mission and philosophy of PHS and show a commitment to high educational standards within the framework of Catholic principles.
● Read and understand the terms of your agreement with PHS and the policies included in this handbook. Contact Human Resources with any questions about the terms of your employment with PHS.
● Undertake assignments in a professional manner during and outside of school hours.
● Be familiar with the rules and regulations of PHS, comply with them personally, and enforce them with students. If you cannot support a given rule or policy, and reasonable attempts at effecting change in rule or policy have failed, your only course of action is to comply with the policy or resign if the rule or policy is a requirement for fulfilling your job responsibilities.
● Treat each student as you would like your child to be treated. No matter how angry you become, never punish a student without explaining what the student did that merits punishment. Allow the student some opportunity to explain the behavior.
● The use of physical force as a means of discipline is forbidden under any circumstance. Should a faculty/staff member need to intervene in a physical altercation involving a student, then only the amount of force necessary to subdue the situation shall be used by the faculty/staff member, and the school Administration shall be immediately notified of the situation as soon as it is practically possible.
● Take every reasonable precaution to ensure the safety of students. Report any unsafe situation to the Principal or other appropriate person.
● Exercise personal maturity and professionalism in all communications with students and parents.
● Professional boundaries must be maintained between faculty/staff and students at all times. It is forbidden for a faculty/staff member to enter into a relationship with a student that is unprofessional, unlawful, or in violation of any school policy.
● Bullying, harassment, and abuse of students is forbidden.
● Students under your supervision are not to be left unattended except in the event of an unavoidable emergency. In that situation, every attempt should be made to secure another adult to supervise the students until the emergency is managed. In the event that another adult is not available to supervise, then the students should be firmly directed as to their expected conduct while the faculty/staff member is managing the emergency.
● When making comments about a student, the focus should be on the problem or issue and the proposed solution to the problem or issue rather than personal statements about the student. The problem or issue should be clearly stated and followed up by the proposed recommendations as to how the problem or issue should be managed.
● Always avoid even the appearance of defamatory speech about a student; it is never appropriate to share student information with anyone other than those who have a particular right or need to know. Any conversations involving student information should be done in a private space. The faculty room does not provide the required degree of privacy for such conversations.
● If an accident occurs under your supervision, notify the Principal immediately and complete an accident report within 24 hours. Report forms are in the faculty room.
● Attend all assemblies, liturgies, and meetings unless excused for good cause by a supervisor.

Presentation High School is committed to providing a campus environment that is safe and healthy. We encourage supportive relationships between students and employees that promote student achievement and success. To that end, clear boundaries for interactions between students and employees/volunteers in the community are paramount.

We require all adults affiliated in any way with Presentation to maintain appropriate adult-student relationships at all times, both on and off-campus.

● All interactions between members of the Presentation community should be based on mutual respect and trust, and should be consistent with the mission and values of the school.
● Every member of our community should expect an environment free of abuse, misconduct, and harassment, where appropriate employee-student boundaries are respected and maintained.
● The best interest of students should always be your highest priority.
● Presentation employees/volunteers should be solid role models.

This code of conduct and following guidelines must be strictly followed by school employees and volunteers when dealing with students (including current students, students from other schools, applicants for admission, and any former student under the age of 21).

● Do not make or participate in inappropriate comments or jokes or comments or jokes with sexual innuendo, or engage in any other conduct in violation of the school’s anti-harassment policies.
● Presentation employees/volunteers may never have sexual or romantic relationships with students, use alcohol or drugs of any kind with or around students, or partake in any illegal conduct with or around students.
● Do not transport an unrelated student alone in a vehicle.
● Avoid unnecessary physical contact with students.
● No communicating with a student by any means, electronic or otherwise, on any issue other than one of an educational purpose, or if authorized to contact a student to check on their well-being or their need for resources or support. Electronic communication is only permitted through the School’s phone, email system, or other official school communications platforms, except in an emergency situation.
● No interacting with students on any form of social media or networking platform.
● No socializing with students outside of school without a parent or guardian present at all times. Limit contact with students outside of school to school-sponsored activities.
● Employees/volunteers must not share intimate personal and/or intimate family information with any student. By way of example, while sharing information about a birthday, an upcoming wedding or birth would be acceptable, sharing details about an intimate relationship, financial issues, or troubled family relationships would not be acceptable.
● An employee/volunteer must not be alone with a student in a space that cannot be observed by others.
● Avoid excessive attention or preferential treatment toward a particular student or group of students.
● Do not comment on a student’s physical appearance.
● Avoid inquiring about overly personal details of a student’s private relationships.
● Never seek emotional involvement with a student for your benefit.
● Never ask a student to keep information secret from other adults or instruct a student not to report concerns.
● Keep supervisors informed when a significant issue develops about a student. For example, if a student expresses concern about an adult maintaining appropriate boundaries or shares information that raises serious concerns about their mental or physical well-being. Without limiting any obligation under the Mandated Reporter Requirements, an employee/volunteer should discuss such situations with their supervisor in order to determine if the information should be shared with a parent/guardian. For clarity, Mandated Reporter Requirements must always be followed.
● Never hire or allow a student to volunteer to do personal work for you unless given expressed written permission from the President or Principal.

● No giving to a student or a student’s family, or accepting from a student or a student’s family, gifts of significant value, without the express written consent of the Principal or President.
● No giving gifts of a personal or intimate nature to a student.
● Employees may not be hired to perform work outside of school for a family, such as babysitting or private tutoring unless given express written permission from the President or Principal.

Note: The school has the right and responsibility to investigate employee/volunteer compliance with this code of conduct even if no report has been made. Violations of this policy may result in disciplinary action, up to and including termination.

Any employee with questions about these guidelines or a particular situation related to boundaries should ask the President or the Principal. Presentation prohibits and will not tolerate child abuse, sexual misconduct, sexual harassment or boundary violations. Any employee with a reasonable belief of a violation of our policies, including a reasonable belief of inappropriate adult-student boundaries, sexual misconduct, sexual harassment, and/or child abuse, must report the matter to the President or Principal. In some circumstances, an employee will also have a duty to report such conduct to law enforcement or Child Protective Services (CPS).

The school will not retaliate against anyone who reports conduct that may violate this conduct policy. An employee who retaliates against an individual who makes a report under this policy will be subject to discipline.

Professional Expectations
The purpose of the School community, including teachers, staff, students, and families, is to provide a safe and secure environment in which students may develop, explore, and create. All members of the School community must act with this purpose in mind and treat each other with respect, honesty, and compassion. For this reason, it may be helpful to identify some examples of the types of conduct that are not permitted and may lead to disciplinary action, possibly including immediate dismissal. These guidelines below are examples and not intended to be exhaustive.

Although it is not possible to list all types of impermissible conduct and performance, the following are some examples:

● Excessive absenteeism, tardiness, or absence from work without authorization.
● Not adhering to hours and the process for requesting and reporting time away from school.
● Bringing dangerous or unauthorized materials, such as explosives, firearms, or other similar items, onto the School’s premises or using such materials while on duty.
● Conduct that violates the School’s policies, including but not limited to its policy against Harassment, Discrimination and Retaliation, Workplace Bullying, or Employee/Student Boundaries.
● Engaging in criminal conduct, whether or not related to job performance.
● Conviction of a crime.
● Falsifying or making a material omission on an employment application or making erroneous entries or material omissions on School records.
● Fighting on School property.
● Improper, disrespectful, abusive, or offensive conduct including harassment.
● Acts or threats of violence.
● Action which endangers the safety of others, or failure to observe safety or health rules or practices.
● Insubordination including failure to follow a written or verbal instruction or refusal to perform the tasks in an appropriate manner that have been assigned by the School.
● Misusing, destroying, or damaging property of the School, a student, fellow employee, or visitor.
● Disclosure or misuse of confidential information about the School, employees, students, families, or prospective students.
● Theft or unauthorized removal or possession of property of the School, students, fellow employees, or anyone on School property.
● Embezzlement or misuse of school funds.
● Violating of the School’s Policy against Drugs and Alcohol, including possession, distribution, sale, or use of or being under the influence of alcoholic beverages, controlled substances, or illegal drugs while on School property, during work hours, while on duty or otherwise performing work for the school, or while operating a school vehicle, or operating any vehicle on behalf of the School. Note: responsible consumption of alcohol is permitted at school sponsored functions where no children are present.
● Failing to follow the school’s timekeeping and/or overtime policies.
● Failing to cooperate in a workplace investigation.
● Demonstrating dishonesty or poor judgment in the exercise of their duties.
● Unsatisfactory job performance.
● Falsification or making a material omission on an application, an employment document, timecard, or other School record.
● Failure to comply with duties as a mandated reporter.
● Inappropriate conduct with a student including failure to maintain professional boundaries.

Violation of Presentation High School policies and rules, including the above guidelines, may warrant disciplinary action up to and including termination. The School will determine which type of discipline to issue in response to performance or conduct issues in its sole discretion. The system is not formal, and PHS may, in its sole discretion, utilize whatever form of discipline is deemed appropriate under the circumstances, up to and including, immediate termination of employment. Each employee has an obligation to comply with the School’s policies and maintain proper standards of conduct at all times. If an employee’s behavior interferes with the orderly and efficient operation of the School, disciplinary action may be taken. This may include a verbal warning, written warning, suspension with or without pay, or termination of employment. The School does not guarantee that one form of action will necessarily precede another. The School reserves the sole right to determine what disciplinary action is appropriate based on the facts and circumstances of each instance. The School has the right to place an employee on administrative leave at any time, with or without pay. An employee may be placed on administrative leave pending an investigation of misconduct, potential disciplinary action, or for any other reasons that the School determines warrants such leave.

Nothing in this section alters the at-will employment relationship between employees and the School. In addition, nothing in this policy is intended to infringe upon an employee’s rights that are protected by law.

The reporting of suspected child abuse and neglect is required under the California Child Abuse and Neglect Reporting Act. A mandated reporter is legally required to report if they know of, or have “reasonable suspicion” of, child abuse or neglect encountered in the scope of their employment. All employees of the School should assume that they are mandated reporters.

What is “Child Abuse or Neglect?”
The California Penal Code defines “child abuse or neglect” to include:

● “physical injury or death inflicted by other than accidental means upon a child [under age 18] by another person”;
● emotional abuse;
● sexual abuse (including sexual assault, sexual exploitation, and commercial sexual exploitation);
● neglect (“the negligent treatment or the maltreatment of a child by a person responsible for the child's welfare under circumstances indicating harm or threatened harm to the child's health or welfare. The term includes both acts and omissions on the part of the responsible person”);
● the willful harming or injuring of a child or the endangering of a child’s person; or
● unlawful corporal punishment (“any cruel or inhuman corporal punishment or injury resulting in a traumatic condition”).

(See California Child Abuse and Neglect Reporting Act, Penal Code Sections 11164-11174.3). “Child abuse or neglect” does not include a mutual affray between minors or age-appropriate corporal punishment (by a caregiver) that does not result in injury.

Santa Clara County Department of Family and Children's Services at (408) 299-2071. A child welfare social worker is available 24 hours a day to take reports.

What are the duties of a Mandated Reporter?
Employees are legally mandated to make reports of child abuse/neglect when they have a reasonable suspicion of abuse or neglect, meaning that they have enough information to even "entertain a suspicion" of child abuse or neglect. Employees are required to make reports even if they don't have proof that abuse or neglect occurred or they don’t have all the information. For example, an employee is required to make a report when the employee has knowledge of facts indicating sexual abuse of a minor even if the employee does not know the identity of the person who committed the abuse.

If an employee is at all concerned about the possibility of abuse or neglect, the employee should report. Investigations will be conducted by law enforcement and/or the county child protective services to determine if abuse or neglect has occurred. When an employee is not sure about their reporting duties, the employee should always consult with any counselor, or the Vice-Principal of Student Services.

Failure to make a required report may subject a mandated reporter to criminal conviction, fines, loss of credentials, and/or licenses and civil suits. Employees who fail to make mandated reports or breach confidentiality of mandated reports may also be subject to discipline up to and including termination.

While volunteers are not classified as mandated reporters under the law, they should immediately report concerns of child abuse or neglect either directly to an appropriate outside agency or to any Presentation employee who will assist them with the report of reasonable suspicions of child abuse or neglect.

Per California law, all employees must sign the written Child Abuse Reporting Acknowledgement prior to any contact with students.

Legal Protections for Mandated Reporters
Mandated reporters are required to identify themselves to the reporting agency when making reports but are not required to identify themselves to the School or to anyone else. The identity of the mandated reporter and reports they make are confidential and disclosed only to specified persons and agencies and as required by law.

Mandated reporters have immunity from both civil liability and criminal prosecution for making reports of suspected child abuse and neglect. While mandated reporters have immunity from legal claims for making a mandated report, they may be subject to legal liability for disclosing information about the report except as necessary to the investigation and processing of the report.

The School will not retaliate in any way against an employee who complies with his/her duties as a mandated reporter.

Procedures for Reporting
If an employee believes that an incident may be reportable, the School encourages the employee to follow the following protocol which is intended to facilitate the reporting of suspected abuse and not to interfere with a mandated reporter's reporting duties. An employee may elect to make a report to the appropriate agency without following this protocol and without disclosing his/her identity to the School.

● Contact any counselor or the Vice-Principal of Student Services as soon as possible. If a counselor or the Vice-Principal of Student Services is not available, contact the Principal.
● The School encourages employees to have a counselor or the Vice-Principal of Student Services participate with the employee in making the report in order to ensure that the report is made in compliance with the mandated reporter requirements and to ensure that the School takes all appropriate steps following the report. If none of these administrators is available to participate in making the report, however, the employee is still responsible for making the report.
● Mandated reporting is an individual responsibility. No supervisor or administrator can prevent an employee from making the report if the employee has reasonable suspicion that abuse or neglect has occurred, nor may they take action against the employee for making a report.
● To make a report, the employee (and a counselor or the Vice-Principal of Student Services if available) should take the following steps:

• Complete a Child Abuse Report before calling Child Protective Services (CPS) if time permits so the employee will have all necessary information for the call. Forms for the report are available at https://oag.ca.gov/sites/all/files/agweb/pdfs/childabuse/ss_8572.pdf
• Call the Santa Clara County Child Abuse and Neglect Center at (833) 722-5437 immediately or as soon as is practicably possible, generally on the same day the employee learns of facts that cause the employee to suspect child abuse or neglect.
• Keep a record of the call to the hotline, including the name of the person to whom the employee spoke, all information the employee provided, and all instructions the employee received.
• If the child abuse reporting agency directs the employee to contact a different agency (such as the police) to make the report, the employee must do so.
• Submit the Child Abuse Report form to the agency who received the telephonic report within 36 hours of knowledge of the suspected abuse. A copy of the written report should be kept in the office of the Vice-Principal of Student Services in a locked, confidential cabinet.

● Employees should not wait until the end of the day to contact Child Protective Services if possible. Many times a social worker can come out the same day to interview the student.
● Reporting duties of a Mandated Reporter cannot be delegated to another individual; however, if two employees of the school have knowledge of abuse, a single report can be filed. If an employee learns that a report has not been filed, however, that employee must make the report.

If an employee believes that a child is in imminent risk of harm, he or she should call 911.

Things to Remember
If an employee is not certain whether he or she has enough information to make a report, the employee should consult with a counselor, the Vice-Principal of Student Services, the Principal, or the President who can help decide whether to make a report or whether the employee needs to gather additional information before making that decision.

Employees should inform the Principal or the President if they know of a social worker (or member of law enforcement) coming on campus. Employees shall fully cooperate with the child protective agencies responsible for receiving, investigating, and prosecuting cases of child abuse. When social workers (or members of law enforcement) come to school to interview students, students generally have the right to have a member of school personnel present. An employee who is present at such an interview may, for good reason, share the information gathered with appropriate PHS supervisors or counselors, but is otherwise expected to keep the information learned as confidential.

Employees should not inform the student or the student's family that an employee has made or will make a report to CPS or law enforcement without first consulting the President and consulting with CPS or the responsible law enforcement agency. Disclosing the fact of a report may put a child in greater jeopardy (and may subject the employee to legal liability).

1. Students may not be in classrooms without adult supervision. Faculty and staff are responsible for enforcing this policy by asking students to exit classrooms that do not have adults in them or by arranging for appropriate supervision.
2. If a faculty member is having a lunchtime meeting, she/he is responsible to see that no mess is left behind. Do not leave the remains of lunches in the waste paper baskets. Instead, have a student empty garbage into an outside receptacle.
3. The door to the classroom should be left open at all times when a faculty/staff member is meeting with a student in the classroom. 
4. Faculty and Staff members should not eat lunch or “hang out” with individual students or with groups of students on a regular basis. Both can lead to the perception of preferential treatment of students.

Each employee is responsible for safeguarding the confidential information obtained during employment. In the course of employment, the employee may have access to confidential information regarding Presentation High School, its employees, volunteers, students, families, donors, and vendors. Employees have a responsibility to prevent revealing or divulging any such information unless it is necessary to do so in the performance of assigned duties as an employee of Presentation High School or as required by law. Access to confidential information should be on a “need-to-know” basis and must be authorized by a supervisor. Any breach of this policy will not be tolerated and legal action may be taken by PHS. All employees must give prompt notice to the School if requested, by legal action or subpoena, to reveal any confidential information.

“Confidential Information” refers to a piece of information, or a compilation of information, in any form (on paper, in an electronic file, or otherwise), related to the School’s business that the School has not made public or authorized to be made public, and that is not generally known to the public through proper means. Confidential information includes, without limitation, all confidential business information of the School, information about its students or their families including their names, addresses, and phone numbers, and private information of donors, employees, and volunteers.

Nothing in this Employee Handbook prevents employees from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that they have reason to believe is unlawful, or prohibits an employee from communicating with any governmental authority or making a report in good faith and with a reasonable belief of any violations of law or regulation to a governmental authority, or disclosing Confidential Information which the employee acquired through lawful means in the course of their employment to a governmental authority in connection with any communication or report, or from filing, testifying or participating in a legal proceeding relating to any violations, including making other disclosures protected or required by any whistleblower law or regulation to any appropriate government authority.

In the event that an employee’s employment with the School ends, an employee may not remove, download or transmit any Confidential Information, and the employee must return all confidential Information to the School whether in paper or electronic form and must delete any confidential information on the employee’s personal electronic devices. All School employees are also required to maintain the confidentiality of the confidential information after their separation from the School.

Presentation High School (PHS) is committed to providing an environment that is free of harassment.

PHS policy prohibits sexual harassment as well as harassment against students, employees, applicants for employment, individuals providing services in the workplace pursuant to a contract, unpaid interns, or volunteers based on any legally-recognized basis, including: sex, sexual orientation, gender, gender identity and/or expression (including but not limited to transgender status or transitioning to transgender status), race, color, religion (including religious dress and/or grooming practices), national origin, creed, citizenship status, ancestry, age, marital status, domestic partner status, pregnancy, childbirth or related medical conditions, reproductive health decision making, medical condition (including cancer and genetic characteristics), mental or physical disability, military and veteran status, family leave or medical leave status, or any other characteristic or category protected by federal, state or local law, ordinance or regulation. These characteristics are collectively referred to as “protected characteristics.” This policy prohibits harassment by or of all persons involved in the operation of the School, including faculty, staff, administrators, supervisors, trustees, parents, volunteers, vendors, or others with whom the School has a business, service, or professional relationship. Harassment by or of a visitor at the School is likewise prohibited. The School will take all reasonable steps to eliminate sexual harassment and any other harassment by non-employees who have contact with the School’s employees, interns, volunteers, students and their families, contractors, or job applicants.

The School also prohibits harassment based on any combination of these characteristics, the perception that anyone has any of those characteristics, or that anyone is associated with a person who has or is perceived as having any of those characteristics. All such harassing conduct violates school policy.

General Guidelines
What constitutes harassment is determined from the perspective of a reasonable person with the characteristic on which the harassment is based.

What one person may consider acceptable behavior, or an innocent joke, may reasonably be viewed as harassment by another person. Therefore, employees should consider how their words and actions might reasonably be viewed by other individuals.

It is important to note that harassment can occur even if there is no intent to harm or when the conduct is not directed at one individual.

An employee who engages in unlawful harassment may be personally liable for harassment even if the School had no knowledge of such conduct.

Sexual Harassment Defined
Conduct toward Students: All adult conduct of a sexual nature toward students is considered sexual harassment whether or not the conduct seems welcome or wanted by the students. The School expects all of its employees to demonstrate the highest level of professional and institutional responsibility in their interactions with students. Any personal involvement between an employee and a student beyond the professional adult-student relationship is prohibited. Dating currently enrolled students or alumnae under age 21 is prohibited. Similarly, all sexual advances, requests for sexual favors, expressions of “romantic” interest, or other verbal or physical conduct of a sexual nature are prohibited with respect to students, even if a student initiates, invites, or is apparently accepting of them. Employee behavior with respect to students must be above reproach. School employees have an obligation to report to the President or Principal any behavior between an adult employee and a student that they suspect to be inappropriate.

See the School’s Anti-Harassment, Anti-Bullying, and Culture of Inclusion Policies, which is located in the Student/Parent Handbook, for more information on harassment involving students.

Conduct toward Adults: Sexual harassment includes unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature when, in the case of a faculty or staff member:
● Submission to such conduct is made a term or condition of employment;
● Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
● Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile or offensive working environment.

Prohibited harassment conduct includes, but is not limited to the following behavior:
● Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations or comments;
● Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings or gestures, text messages, emails, or websites;
● Physical conduct such as assault, unwanted touching, intentionally blocking of normal movement, or interfering with work directed at a faculty or staff member, employee or student because of the race or sex or any other protected basis of the faculty or staff member or student;
● Graphic, verbal commentary about an individual’s body, sexual prowess, or sexual deficiencies;
● Flirtations, advances, leering, whistling, touching, pinching, assault, or coerced sexual acts;
● Conduct or comments consistently targeted at only one gender, even if the content is not sexual;
● Continuing to express sexual or inappropriate interest after being informed that the interest is unwelcome;
● Using sexual behavior to control, influence, or affect another employee or job applicant;
● Unwanted sexual advances;
● Making or threatening reprisals after a negative response to a sexual advance;
● Threats and demands to submit to sexual requests as a condition of continued employment, or to avoid some other loss and offers of benefits in return for sexual favors; and
● Communication via electronic media of any type that includes any conduct that is prohibited by state and/or federal law, or by School policy.

An employee may be liable for sexual harassment even if the alleged harassing conduct was not motivated by sexual desire.

Other Types of Harassment
Harassment on the basis of any legally protected characteristic, as identified above, is prohibited. Prohibited harassment may include behavior similar to the illustrations above pertaining to sexual harassment. This includes conduct such as:
● Verbal conduct, including threats, epithets, derogatory comments, or slurs based on an individual’s protected characteristic;
● Visual conduct, including derogatory posters, photographs, cartoons, drawings, or gestures based on protected characteristics;
● Physical conduct, including assault, unwanted touching or blocking normal movement because of an individual’s protected characteristic;
● Bullying behavior, including but not limited to threats, intimidation, coercion, ridicule, insults, or belittling;
● Spreading false, vicious, or malicious rumors;
● The gratuitous sabotage or undermining of a person's work performance; and
● Other behavior that creates a workplace where an employee reasonably feels threatened, humiliated, intimidated, or bullied in the workplace.

Abusive Conduct Prevention
In furtherance of the School’s anti-harassment policy, it is expected that the school and persons in the workplace refrain from any malicious, patently offensive or abusive conduct, including but not limited to conduct that a reasonable person would find offensive. Examples of abusive conduct include repeated infliction of verbal abuse, such as the use of malicious, derogatory remarks, insults, and epithets, verbal, or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the intentional sabotage or undermining of a person's work performance.

Discrimination, Harassment, Retaliation, and Abusive Conduct Complaint Procedure
The following procedure applies to complaints involving adults; harassment, discrimination, or retaliation involving students should be reported as provided in the Parent/Student Handbook.

It is the responsibility of each employee at the School, whether directly involved in the incident or not, to ensure that discrimination, harassment and retaliation do not occur within the workplace. Anyone who believes that they have been harassed, discriminated against, or subjected to retaliation or abusive conduct in violation of the foregoing policies, or who is aware of such behavior against others, should immediately provide a written or verbal report to their supervisor, the Principal, CFOO, President, or Human Resources. Employees are not required to make a complaint directly to their immediate supervisor. Any complaint involving the President can be reported to the Chair of the Board of Directors. Supervisors who receive complaints or observe harassing, discriminatory, or retaliatory conduct must immediately report such complaints to the Principal, CFOO, President, or Human Resources, or if appropriate, the Chair of the Board of Directors. A supervisor’s failure to report violations or complaints of violations of this policy may lead to discipline.

The School takes all reports of violations of this policy seriously. When a report is received, the School will conduct a fair, timely, thorough, and objective investigation that reaches reasonable conclusions based on the evidence collected. The Board of Directors will be informed of any report involving the President or members of the Executive Leadership team. The School expects all employees to fully cooperate with any investigation conducted by the School into a complaint of harassment, discrimination, or retaliation, or the alleged violation of any other School policies. The School will maintain confidentiality surrounding the investigation to the extent possible under the circumstances. The School’s duty to investigate and take corrective action may require the disclosure of information to individuals with a need to know.

If the School determines that this policy has been violated, remedial action will be taken commensurate with the severity of the offense, up to and including termination of employment. Appropriate action will also be taken to deter any such conduct in the future. In egregious situations, one act of harassment or discrimination may result in termination. A person engaging in conduct that violates this policy may also be subject to legal liability for their actions under state or federal anti-discrimination laws. In some circumstances, a violation of this policy may occur and discipline may be imposed, even when the conduct does not constitute a violation of any laws prohibiting harassment or discrimination.

In addition to notifying the School about complaints, an employee may also report complaints to the federal Equal Employment Opportunity Commission (EEOC) (1-800-669-4000) or the California Civil Rights Department (CRD) (800-884-1684). The EEOC and the CRD have the authority to conduct factual investigations and to prosecute complaints of prohibited harassment, discrimination, or retaliation. Information about the agencies can be found at the numbers provided or at: www.eeoc.gov and CRD | Civil Rights Department (ca.gov). Additionally, the CRD provides a free online training course on preventing sexual harassment that can be found at https://calcivilrights.ca.gov/shpt/.

Protection Against Retaliation
The School prohibits retaliation against any person for making a complaint under this policy or participating in an investigation of an alleged violation of this policy. Any complaints of retaliation will be promptly investigated and appropriate action will be taken. Anyone engaging in any form of retaliation will be subject to disciplinary action, up to and including termination.

Responsibilities of Employees and Supervisory Employees

Employees
In order to establish and maintain a professional working environment, while at the same time preventing harassment, discrimination, and retaliation, employees are expected to:
● Fully cooperate with the School’s investigation of complaints made under this Policy.
● If an employee witnesses harassment, they should tell the individual being harassed that the School has a policy prohibiting such behavior and that they can demand that the harasser cease the behavior.
● Let fellow employees know when you consider behavior offensive if they feel comfortable doing so. The School hires people from a wide variety of cultural and ethnic backgrounds, and an individual may not realize behavior they think is appropriate could be seen by others as offensive.
● Report harassment, discrimination, or retaliation as quickly as possible, whether the employee is the target of the conduct or a witness.
● Set an example of acceptable conduct by not participating in or provoking behavior that violates this Policy.
● Try not to be angry or insulted if an individual tells you that your behavior is offensive. People have different ethical values and standards and may be offended by behavior you think is proper. Tell the individual you did not realize your behavior was offensive, and immediately cease the conduct.

Supervisory Employees
In addition to the responsibilities listed above, supervisors, directors, or any other supervisory or management employees are responsible for the following:
● Following up with those who have complained or were reportedly subjected to conduct that violates this Policy, to ensure the conduct complained of has stopped.
● Implementing this Policy by taking all complaints seriously and modeling behavior that is consistent with this Policy. Direct all complaints to the Director of Human Resources.
● Monitoring the work environment and taking appropriate action to stop potential Policy violations.
● Reporting potential violations of this Policy of which they become aware, regardless of whether a report has been made or a complaint has been formally submitted.
● Taking positive steps to eliminate any form of harassment, discrimination or retaliation observed or brought to their attention.
● Taking positive steps to protect against retaliation through any action of intimidation, restraint, coercion, or discrimination, by any supervisor, director, or any other supervisory, management, or other employee.

Freedom From Bullying
The School will not abide by bullying behavior by any individual in the organization. We define bullying as repeated inappropriate behavior, either direct or indirect, whether verbal, physical, or otherwise, conducted by one or more persons against another or others at the place of work and/or in the course of employment. Such behavior violates our policies, which state all employees will be treated with dignity and respect.

We consider the following types of behavior examples of bullying:
● Exclusion: Socially or physically excluding or disregarding a person in work-related activities.
● Gesture bullying: Non-verbal threatening gestures; glances that can convey threatening messages.
● Physical bullying: Pushing, shoving, kicking, poking, tripping, assault or threat of physical assault, damage to a person’s work area or property.
● Verbal bullying: Slandering, ridiculing, or maligning a person or their family; persistent name calling that is hurtful, insulting, or humiliating; using a person as the butt of jokes; abusive and offensive remarks.

Bullying may be intentional or unintentional. When an allegation of bullying is made, the intention of the alleged bully is irrelevant and will not be given consideration when determining whether conduct violates this policy.

Our school promotes a workplace culture where all employees are able to work in an environment free of bullying behavior. We encourage employees to report instances of bullying behavior. Individuals who believe they have experienced prohibited conduct or have concerns about such matters should report their concerns in writing to Human Resources, the CFOO, the President, or the Principal. Individuals should not feel obligated to report their complaints to their immediate supervisor first before bringing the matter to the attention of one of the other designated representatives identified above. The availability of this complaint procedure does not preclude individuals who believe they are being subjected to bullying conduct from promptly advising the offender that their behavior is unwelcome and requesting that such behavior immediately stop.

We require any supervisor who witnesses or receives a complaint of bullying behavior, irrespective of reporting relationship, to immediately report this conduct to Human Resources. The school prohibits retaliation against employees who report bullying conduct.

Reports of violations of this policy will be treated seriously and investigated promptly and impartially. Employees found in violation of this policy may be subject to disciplinary corrective action, up to and including termination. Non-employees found to be in violation of this policy may be subject to other consequences as the School deems appropriate.

PHS has adopted the following anti-violence policy to ensure a safe environment for all employees, students, families, and third parties entering School property. The school is committed to workplace safety. The school is specifically committed to providing a workplace that is free of threats or acts of violence and to protecting its employees from such conduct on its premises. In keeping with this commitment, the school has established a strict policy that prohibits any employee from engaging in behavior that is violent, threatening, or intimidating while on duty or on school business. This policy applies to all employees, including management and non-supervisory staff. Employees should refer to the School’s Workplace Violence Prevention Plan (available in the Common Faculty/Staff Drive), which provides more information about preventing and addressing violent incidents.

The school does not permit employees to make threats, engage in threatening behavior, or commit acts of violence against others. Without exception, acts and threats of violence are not permitted. All such acts and threats, even those made in apparent jest, will be taken seriously and will lead to discipline up to and including termination of employment. In addition, the school is committed to preventing violent or threatening behavior on its premises by non-employees, such as visitors, guests, customers, or family members of its employees. PHS also has a zero-tolerance policy for weapon possession on campus. Under no circumstances may an employee, student, or other person entering school property or attending a school event possess any weapon, unless expressly authorized by the President and Board of Directors for student and employee security purposes.

Prohibited Conduct
This policy prohibits not only physically violent behavior but also behavior that is threatening, harassing, or intimidating. Prohibited behavior includes, but is not limited to:

• Possession of firearms, explosives, weapons such as knives, or any other hazardous or dangerous devices on any school property or at any school function, whether on or off premises. Additionally, the use of any item as a weapon is prohibited.
• Disorderly conduct on school property, including fighting, inciting/provoking another to fight, battery, attempted bodily injury, or physically abusing any employee or visitor.
• Using abusive or threatening language, coercing, threatening, or otherwise harassing any employee or visitor.
• Actual or threatened physical violence towards another employee or visitor.

School voice mail, email, and Internet services are to be used primarily for School purposes. While occasional or incidental use of voice mail and/or e-mail for personal reasons is not prohibited, such use must be consistent with the School’s policies. Excessive personal use of email or use of email in violation of School policies may be grounds for discipline up to and including termination.

Like all communications related to the School operations, electronic communications should be professional in style and content, and in accordance with the mission and philosophy of the School. Electronic communication can be easily misinterpreted, and it is important to keep personal and professional communication separated.

The School reserves the right to review or access voicemail messages, email messages (both incoming and outgoing) or other information stored, created or transmitted using the School’s Technology Resources, without notice to the employee and at any time, not necessarily in the employee’s presence. If an employee elects to use the School’s email for occasional personal communications, the employee should understand that the School’s monitoring or review of email will include any personal use of these resources. Backup copies of email, voicemail and other Technology Resources may be maintained; the School may refer to these copies for business and legal reasons. Since all information on the School’s Technology Resources can be accessed without advance notice, employees should have no expectation that information will remain private. Furthermore, all communications including text and images can be disclosed to law enforcement or other third parties without prior consent of the sender or the receiver.

Employees are expected to abide by the generally accepted rules of user etiquette regarding digital communication. Once a message is sent it can never be retrieved; as such, it is always prudent to pause and reflect before sending a digital communication. Some guidelines in this area include:
● Attach names to all messages communicated through e-mail or Internet.
● Use only school-issued or approved accounts for all communication with students, parents, and other members of the community. These communications should be restricted to school matters or matters that are appropriate to be discussed in school.
● If you receive an inappropriate communication from a student or parent, document or retain a copy of the communication and notify the administration immediately.
● There is no such thing as private digital communication. Write as though you are certain that others will read what you write.
● Apply the “need to know'' rule. Do not forward another person’s e-mail to a third party unless said party really needs to know its contents.
● Exercise caution in transmitting confidential information by making sure that all addressees are appropriate recipients of the information to be distributed.
● Use group e-mail only when the message is meant for every person in the group.
● Refrain from sending messages not pertaining to school business to “all faculty users.”
● When dealing with parents and students, remember you are committed to customer service and they are the customer. Whatever their tone might be, monitor your tone so it is calm and professional at all times.
● Avoid getting into disagreements by e-mail. Face-to-face dialogue is much more effective in conflict resolution.
● Abide by the Social Media Policy outlined below.

Personal Use of Social Media
The School understands that its employees may engage in personal use social media platforms such as Instagram, Facebook, Twitter, Discord, and TikTok as well as personal websites and blogs to share events in their lives, to communicate, and to discuss their opinions with others, including family, friends, and co-workers. Employees should be mindful that their social media activity, even if done off-premises and while off-duty, could affect the school’s legitimate business interests. If an employee chooses to use a social networking platform, users of the platform may either know or be able to recognize the employee as an employee of the School, whether or not the employee identifies themselves as a school employee.

It is important that employees’ use of social media does not damage the School, employees, School’s volunteers, students, or their families. This Policy provides guidance on responsible social media activity by employees. It does not and cannot cover every possible social media activity. If you are unsure how this Policy may apply to your social media activity, please contact Human Resources or the Principal, CFOO, or President.

Employees use of social media must comply with the following guidelines:

Adhere to School Policies and Regulations:
Employees must comply with School policies and regulations, including but not limited to the Equal Employment Opportunity, Anti-Harassment, Freedom from Bullying, Anti-Violence and Confidentiality policies, and other personal conduct policies even if the policies do not refer specifically to social media or online communications.

Do Not Make Inaccurate or Defamatory Statements:
Never post any rumors or information that you know to be false about the School, your co-workers, students, or School families. Strive for accuracy in any communication, be it a blog entry, post, or comment. You can include a link to your sources of information. If you make a mistake, correct the information or retract it promptly.

Do Not Infringe Others’ Rights or Privacy:
Do not disclose information that may violate student, School family member, or employee privacy rights. For example, do not disclose another individual’s social security number, medical information, or financial information. For reasons of safety, employees are prohibited from posting online photos of the School’s students or members of School families (employees may re-post items from the School’s social media accounts).

Do Not Disclose Confidential Information:
Communicating confidential School information to unauthorized individuals within or outside of the School is prohibited. In addition, it is prohibited to disclose any pupil records. If there is any question about whether the information is confidential or protected, you are encouraged to ask the President.

Make Clear When You Are Not Speaking for the School:
Employees should not speak on behalf of the School without clear authorization. If you publish a blog entry or post online content related to the work you do or subjects associated with the School, make it clear that you are not speaking on behalf of the School. It is best to include a disclaimer such as “The postings on this site are my own and do not necessarily reflect the views of the School.” Employees should respect the intellectual property rights of the School and should not make improper use of the School’s logo, trademarks, official photographs, or any other of the School’s proprietary materials.

Do Not Use Social Media While Working:
Unless specifically authorized, employees are prohibited from engaging in social media activity while working or while using the School’s electronic Technology Resources. Employees may use personal devices, such as a non-School smart phone or tablet, during rest breaks, and meal periods, and other off-duty time to engage in social media activity as long as the employee’s personal device is not connected to the School’s network. Do not use your School email addresses to register on social networks, blogs, or other online tools utilized for personal use.

Do Not “Friend” Or Interact with Students Through Social Media:
School employees, including faculty members, shall not communicate or interact with School students or their parents using social media other than as authorized and through the official School accounts. This restriction applies to former students until the former student reaches the age of 21. Employees should use professional discretion when interacting with former students 21 years of age and older. When doing so, recognize that many former students have online connections with current students (including younger siblings and friends), and that information shared between recent students is likely to be seen by current students as well.

Review Privacy Settings and Use Good Judgement When Posting Content:
School employees must maintain appropriate boundaries between personal and public online behavior and acknowledge that what is private in the digital world often has the possibility of becoming public, even without knowledge or consent. The school expects all faculty and staff to carefully review the privacy settings on any social media and networking sites they use and to exercise care and good judgment when posting content and information on such sites.

Conduct School Business Only Through School Electronic Resources:
Do not use personal e-mail addresses, personal phone numbers, or other personally owned accounts to conduct School business. Instead, you must use School accounts or an account explicitly approved by the Principal or President.

Guidelines for Official School Online Content:
The school has an official presence on various social media sites and websites, managed by Marketing & Communications. Faculty and staff may not create an official separate school-related social networking site or website without the express approval of Marketing & Communications and/or the Principal. Faculty and staff who engage in official PHS social media activities should maintain separate professional and personal e-mail addresses and should not use their personal email for official PHS social media activities. If a faculty or staff member maintains or participates in an approved Presentation sponsored online community that extends to persons who are parents, alumnae, or other constituents, he/she must exercise good judgment about any content that is shared on the site. When faculty and staff, including coaches/advisors, choose to manage an official school-sponsored social networking site, they do so as an employee of Presentation High School. As such, the same standards of professionalism for employees are expected.

Be aware that by posting a comment or other material to PHS-sponsored sites, participants give PHS the irrevocable right and license to exercise all copyright, publicity, and moral rights with respect to any content participants provide, which includes using participant submission(s) for any purpose, in any form, and on any media, including, but not limited to: displaying, modifying, reproducing, distributing, creating other works from, and publishing participant submissions.

PHS reserves the right to review all comments and edit them to preserve readability and demonstrate respect for other users. PHS further reserves the right to determine in its sole discretion which submissions and content meet its qualifications for posting; and to reject or remove comments for any reason. Violations of this policy may be subject to discipline by PHS, up to and including termination. The school reserves the right to hold anyone fully responsible to the school for any liabilities created in whole or in part by violations of this policy.