-- 6100 -- OCAG Employment and Personnel Records

The academy is a non-profit corporation.

A.  Equal Opportunity Employment

The organization is an equal opportunity employer. The organization is committed to providing equal opportunity for all individuals in all areas of recruitment, selection, placement, training, assignment, transfer, compensation, benefits, discipline, retention, and promotion. The board commits itself to the policy that there shall be no unlawful discrimination against any person because of race, color, religion, age, sex, national origin or disability. All decisions with regard to employment shall be in compliance with applicable state and federal laws.

The organization is required by the Immigration Reform and Control Act to employ only American citizens and aliens who are authorized to work in the United States. The purpose of this law is to preserve jobs for those individuals who are legally entitled to them.

B.  Employment Non-Discrimination and Non-Harassment

The academy does not discriminate against anyone, to general operations of the organization, and to any basis prohibited by applicable law or regulation.

The academy is committed to an environment in which all individuals are treated with respect and dignity. We believe that each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Therefore, the organization expects that all relationships among persons in the workplace will be business-like and free of bias, prejudice and harassment. Thus, the organization does not and will not tolerate discrimination against or harassment of or by our employees, students, vendors, or other person. The term “harassment” includes, but is not limited to, slurs, jokes, and other verbal, graphic, or physical conduct relating to an individual’s race, color, sex (including discrimination against or harassment of individuals of the same sex), pregnancy, religion, national origin, ancestry, citizenship, age, disability, workers compensation claims, marital, veteran or any other protected status. “Harassment” may include a range of subtle and not so subtle behaviors and also includes unwelcome or unwanted sexual advances, requests or demands for favors, offensive touching, and other types of conduct whether it be physical, verbal, graphic, or electronic communication (including e-mail and facsimiles) of a harassing or sexual nature involving individuals of the same or different gender. This includes, but is not limited to:
  • Unwelcome or unwanted physical contact or sexual advances including, but not limited to, patting, grabbing, pinching, brushing-up against, hugging, cornering, kissing, fondling, or any other similar physical contact.
  • Unwelcome requests or demands for favors including, but not limited to, subtle or blatant expectations, pressures, requests or demands for sexual, unethical or illegal favors; or unwelcome requests for dates or contacts.  Such unwelcome requests or demands may or may not relate to an implied or stated promise of preferential treatment, or a threat of negative consequences concerning employment, including, but not limited to, promotion, demotion, transfer, layoff, termination, pay or other form of compensation, and selection for training.
  • Verbal and written abuse or unwelcome kidding including, but not limited to, that which is sexually-oriented, including same-sex harassment; commentary about an individual’s body, sexual prowess or sexual deficiencies; inappropriate comments about race, color, religion, sex, pregnancy, national origin, ancestry, citizenship, age, disability, workers compensation claims, marital, veteran or other protected status; dirty jokes or other jokes which are unwanted and considered offensive or tasteless; or comments, innuendoes, epithets, slurs, negative stereotyping, leering, catcalls or other actions that offend, whether sexually oriented or otherwise related to a prohibited form of discrimination or harassment.
  • Any form of behavior that unreasonably interferes with work performance, including, but not limited to, unwanted sexual attentions, comments, interruptions, or other communications, whether sexually-oriented or otherwise related to a prohibited form of discrimination or harassment, that reduces productivity or time available to perform work-related tasks or otherwise interferes with work performance.
  • Actions that create a work environment that is intimidating, hostile, abusive, or offensive because of unwelcome or unwanted conversations, suggestions, requests, demands, physical contacts or attentions, whether sexually-oriented or otherwise related to a prohibited form of discrimination or harassment.
  • The distribution, display, or discussion of any written or graphic material, including calendars, posters, cartoons, or names, that belittles or shows hostility or aversion toward an individual, his/her relatives, friends or associates or a group because of race, color, religion, sex (including same sex discrimination or harassment), pregnancy, national origin, ancestry, citizenship, age, disability, workers compensation claims, marital, veteran or other protected status.
All employees and applicants are covered by this policy and are strictly prohibited from engaging in any form of discriminatory or harassing conduct. Further, no employee has the authority to suggest to another employee or applicant that the individual’s employment, continued employment, or future advancement will be affected in any way by entering into, or refusing to enter into, a personal relationship. Such conduct is a direct violation of this policy.

Conduct prohibited by this policy is unacceptable in the workplace and in any work-related setting outside the workplace, such as business trips, business meetings and business-related social events.

Violation of this policy will subject an employee to disciplinary action, up to and including immediate discharge.

Retaliation is Prohibited
The academy prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports. Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action, up to and including termination.

Reporting Procedures and Investigation
The academy strongly urges the reporting of all incidents of discrimination, harassment or retaliation, regardless of the offender’s identity or position. Individuals who believe they have experienced conduct they believe is contrary to the organization’s policy or who have concerns about such matters should file their complaints with the principal or school operations manager or any member of the governing board or the board’s designee, whereupon the matter will be discreetly and thoroughly investigated. The organization will then take immediate steps to stop any behavior which violates this policy and see that it does not repeat itself. Disciplinary action, up to and including termination, calculated to end the discrimination or harassment, will be taken, when appropriate, against the offender(s).

Employees who have experienced conduct they believe is contrary to this policy have an obligation to take advantage of this complaint procedure. An employee’s failure to fulfill this obligation could affect his or her rights in pursuing any claim.

Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of discrimination or harassment. Therefore, while no fixed reporting period has been established, the prompt reporting of complaints or concerns is strongly urged so that rapid and constructive action can be taken.

The availability of this complaint procedure does not preclude individuals who believe they are being subjected to harassing conduct from promptly advising the offender that his or her behavior is unwelcome and requesting that it be discontinued.

Responsive Action
Conduct constituting harassment, discrimination or retaliation will be dealt with appropriately. Responsive action may include training, referral to counseling and/or disciplinary action such as warning, reprimand, withholding of a promotion or pay increase, reassignment, temporary suspension without pay or termination, as the organization believes appropriate under all of the circumstances.

Any person utilizing this complaint resolution procedure will be treated courteously, and the problem will be handled swiftly and as confidentially as possible in light of all the circumstances, with appropriate corrective action being taken. The registering of a complaint will in no way be used against that individual, nor will it have an adverse impact on their employment status. A record of the complaint and findings will become a part of the complaint investigation record and that file will be maintained separately from the personnel files.

Individuals who have questions or concerns about this policy may talk with the principal or school operations manager or any member of the governing board.

Please keep in mind that the very nature of discrimination, harassment and retaliation makes it virtually impossible to detect unless a complaint is appropriately reported. Do not assume that the organization is aware of your problem! It is your responsibility to bring this information to the attention of the organization so the issue can be resolved.

New employee orientation training shall include a component on the harassment policy. All administrators are responsible for assuring that their staff members are familiar with the policy on harassment and that new employees are oriented as necessary throughout each school year. As part of the review of the Code of Student Conduct at the beginning of the school year, this policy will be discussed in student classes, school advisory councils, and parent and teacher associations. Students enrolled after the beginning of the school year will be provided a copy of the Code of Student conduct and advised of this policy.

C.  Personnel Records

Personnel Records
Personnel records shall be maintained in accordance with state and federal laws. The following records for each employee shall be maintained in a secure file:
  1. Evidence of successful completion of required education
  2. Florida teaching certificate, certificate of law for the position
  3. Employee assessments
  4. Signed contract (if required)
  5. Signed loyalty oath if required by the state of Florida or the Federal Government
  6. Withholding allowance certificate (W-4)
  7. Copy of social security card
  8. Benefits enrollment documentation
  9. Background verification (results of school district fingerprint test)
  10. Letters of reprimand and information regarding any disciplinary action taken
  11. Personal data sheet
  12. Employment eligibility verification (I-9 Form)
  13. Arrest and conviction record
  14. Drug-Free workplace policy
It is the responsibility of the employee to obtain and submit these documents:
  1. Florida Certificate: the employee must submit the original. A copy shall be made to keep within the file, and the original shall be returned to the employee.
  2. Health Certificate: Prior to initial employment and re-employment following a termination, some employees may be required to submit a certificate of health signed by a licensed medical practitioner attesting to the employee’s freedom from contagious and infectious diseases and other physical and medical impairments which would prevent the applicant from performing the duties for whom an employment contract is required.
  3. Contracts: Each employee shall sign the offered contract and submit it to the school office within the specified time.
  4. Certificate Extensions/Additions: Other official correspondence with the state Department of Education and any other documents which may be requested shall be copied in the school office. Copies shall be retained and the originals shall be returned to the employee.
  5. Criminal Records: The school shall determine if the prospective employee has an arrest/conviction record.
Personnel records shall be open for inspection and copying consistent with Florida law, Chapter 119 and Federal laws. Social security numbers will not be disclosed to the public. Evaluations shall be confidential and not open to the public until the end of the school year immediately following the school year in which the evaluation was made. The following payroll deductions are not open to the public: credit union cards, W-4’s, tax shelter information, tax levy, court records.

Adopted: 02/06/2024